The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-03-13

tosyn ever found who we're willing TO MAKE til,
written statement diSested TO the Governor Z" VIII
m sdsyit OF one qasiisd voters TO the trusr
Of the facts stateo u dispute the fairness
correctness Of the retuins to !" set forth specific
ing OF the elsction" in any Of she district
OF the Territory Certain that there could have
beth system Of fraud and violence such has besr
ensged by the ssents and supporters ofth Em'grsu
AID Societies. uniess the Governor Judges or E1sc
ton we're parties 10 r. and your commises are not pre-
pared to % diareputs bic 70 than and "a
improbable upon the state OF facts presented without
specific charges snd direct proof
10 TIE absence Of "a proof and probable truth, the
charge tnat 'he had invaded the Territory
and cont eed The Congressional eeoon by fraud and
Violence was circustsd Throughout the States and
nsoe we oa.s OF the most inhsm nabls appeas to all
men opposed to the principles Of the Kansas
act to emigrate send e Kausx tor the pur-
po q rePepg the and assisting their friends
whe were then in the Territory, In putting DO yn
the slave power, and prohibiting slavery in Kansas
wnn TIE view OF making it free State Exagee-aed
counts o. the large nuoeer Of emgrants their way
under the ausrieas of the AID Companiss with
tne view Oh oDins the election tor Of the
Territorial legislature which to place on the
S0th OF March, were oshed And circulated rnsse
accounts being repubisbet and believed In Missouri
where the excitement had already been inaamed 10
fearful intensity induced corresponding effort to send
1t least equal number to countssct the
results OF this Importation. Your committee have
not been able 10 obtain definite and satisfactory
tion IN regard to the alleged Irregularities ia
the election and the number Of Illegal votes ON tn
OF March, but from the most reliab sources of intprus
ton accessible to your commit ee Guiding varions
psperr, documents and statements kindly furohsa by
hessrs. Whitfield and kecder, rival claman the dele
gate seat IN Congress tor Kansas Territory IL would
seem that the facts ara subsfanisiiy as follower
The election wss held in Obediencs to tbs
OF the Governor OF the Territory, which psesc I'D
mode OF proceeding the torn Of the oath sni urns
the precautionary safeguards against illegal voting and
the moee Of contestipg the election which in sub
the same these already referred conue
with the congressional election When period arrive
fer The Governor TO the and issue cer
Gates 10 The elected appeared had
beer filed sganst the fsrness OF the proceedings
election districts into whh the Territory had bsea d
wded or election purposes, alleging fraudulent aud Il
gal voting by persons who np actual set ers and
qualified voters of TIE Territory 1t also appeared that
IN some Of these contested the form the oeth
admniered to the Judges aud Ct the returns msts by
hem we're not IN conformity to the proclamation OF the
Governor. After careful investigation OF the facts of
each case as presented by the returns IF the Judges and
he protests and allegations OF all persons who 6ip1tsd
the fairness Of the elections and correctness OF the -
urns the Governor came to the conclusion that
his DUTY to set aside the election ia these seveu
oistict the ELECT of which to create
in The Council and nine in toe House Of Representatives,
Of tne Territory be filed oy new election and to
charge the ,ent far to the certificates FIR
one Councilman and Representative to ISSUE I, diff
srent persons than those returned AZ eessed Sy the
Judges Accordingly the Governor Issued his wrs for
special elections to be hsld the Gath May
vscancies and at the time granted cerifoates OF
election to eleven Councimen and Representa-
tves whose elections had been
adjudRed to rave been fairly elected Attic
to fill these vacancies three Of the persons whose election
,he Soh of March lad be set al 10 for the
already stated, were elected and in the other dis
having adiudged them 70 have been du,y eexd accord
ingy granted them cerca Of election; thus making the
full complement ofthiteen Councilman and tw .ny. six
Of whom by the organic law of the Ter
rtry, TIE IAgslature 70 be composed. On tha 18th
day OF April the Governor issued his pr0clama don
moning these thirteen Councmeu and twenty Repre-
Natives whom he hai commissioned as haviug besn
fairly elected to assemble at Pswnee city, the ID day
ct July and organize the legislature Of the Territory
Ct Kansas.
: 10 IA
arsen bic In obedience TO tie Governors at
the time and place cin.ed by him. and after the oath
Of had been GUY by Of the jugs
OF the Supreme Court OF Tbs Territory to each Of the
members who held the Governors certificates proceeded
to organise their respective houses by the election Of
their officers and cash notified the other by resolution
tha they thus duly orgauised Also by joint
luton, appointed Committee, who UAtsd the Gov
ernor ard informed him that
Houses Of the Kansas legislature arc orcanzsd
and ready proceed to and
muL cation aa he may deem ,essary.
In response 20 this joint resolution, message from
the Governor, by Mr. Higgins his Private Secretary
his message was received and ord cred TO
read.
Inc nessage commences thus -
TO HosoRArIE COUNCIL HOUSE OF REPRESENTA-
Bayns duly Moulded that your respective BIO lie, bay
VIII satn 70 YOU The usual Executive
subjects Of legislation. which UNIVERSAL and long continued
express be found the Of Congress
we
hich - confded for ausg laws
Of our a and mssnhssi sn S
E. S with e ans . ss
us to .y sses AZ eh's sns motives TO discard AZ
WIN pure Zee .ns sss
ne TO sfds 70 ,sr To and 50 perform
hat he star s.ges .aa = s s,oaa banner shs %
o. Nc s ss o. x o.
hbility Of just ard upright mea- 80
The Governor, with The -.-v 70 Fe csrtaiument
she existing law the story proceeds to the
acquired from France. and ADVISES tie Legislature t.
pass such the public crest night require upon
ssvery auessSn the divsioa Of the Territory in
counties the Organization Of county ccurts the eecto
ofjucicis and ministerial officers, education, taxes
nel, and the Organization Of he niliis, jec
verify of their immediate attention. From this
as wen as f.om all the oci. ATS Of the Governor
turns Of the empers, and the convenng OF The two
housee for legislative business, the conclusion L. rresi
tipe TO this period Of time the Governor had
conceived the idea IT, indeed he has since enter
taped IT, that the two hou.es spurf and frsudu
lent ssfen blts, having no RICH ul authority to pas
laws wtib would be binding upon the people OF Kansas
On the s, day ~ the session. and after the
organization Of the House effected the following
solution as adopec:-
Reso ed That all vho desire 70 contest the
seats Of now hodne cereasaes Of ee cn
members Of This RoHse may eir nroe to ire Com
the persons holding such certificates
On the 4th day VI July eeing the third day Of the
son.) the majority Of the committee, including four
the five members reported thai. "hsvipg heard ana
anined sl the evidence touching the matter Of inqu
before them and takirg the organic law Of Congress
parsed the foh day Of May in the year 1854 orgauiz
ing the TerIito les Of Kansas and Nebraska thei
guiding star they have arrived at the conclusion wh,t
they proceed to eucidate and enfor,e In leog ny
port. From the report 1t appears that fifteen out
twenty two members present permitted to retain
their seats by unspimous consent no ore appearing
contest els oute the fairness of the election ieg
laIiy truthfunefs Of the return either Of their
Hence the contest reduced to the claims OF
member VIII, received the certificate under the gene
raj election Of the Goth March, and the Fix members lore
seE who received cetics under the special election
of the 9th Nay In the first case, the decision Of
Governor reversed and the seat awarded to the
odate who received the hest number Of votes al the
election the 30lh Of March, and from whom tbs ia
cate bad been withheld by the Governor upon the ground
ofirreguisiiy in the election and returns from one pre-
cinct the exclusion Of which poll gave the majority
to the opposing candidate In the other Fix case
the sitting nemeers were deprived Of their seats,
and the candida es receiving the highest number OF
votes at TIE general election, the 80 of March
were AWARDED tbeis places upon the ground that the
special election the oath Of Msy illegal and void
tp0- mt trxr 49, L.