The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1856-04-23

But it does not by any means follow, no
is it the fact as intinlated, although no
directly stated, in the minority report
that the Governor did not go behind th'
returns, but confined his action to the de
fects and omissions apparent on thei
face
, The fact that the Governor did go be-
hind the returns, and investigate the le
, gality of the proceedings at the polls, is
, distinctly stated in the report of the mi.
norty of the committee on credentials in
the Kansas Legislature; and the evidence
of this fact is set forth in my report from
the Committee on Territories. Hence the
intimation in the minority report that
Governor Reeder acted only upon what
appeared on the face of the returns, and
did not decide upon the legality of the
elections, is not only unsupported by tes-
timony, but expressly contradicted by the
record. Unwilling, however, to rely upon
the assumtion, that seven out of eighteen
constitute "most of the DISTRICTS" and
that the Governor did not venture to go
behind the returAs to investigate fraudu-
lent voting, the minority report proceeds
to assign reasons why there were TO pro-
tests and allegations Of Illegal voting in
the other seven districts.
In continuation of what last read, it
says:
"In relation to others, covering, in all,
a majority of the two Houses, equally
\ IfiaD IN foo Int w hv
formal returns the inhabitants thereof,
borne down by said violence and intimi-
dation, scattered and discouraged, and
laboring under apprehensions of personal
violence, refrained and desisted from pre-
Senting any protest to the Governor in
relation thereto; and he then, anfntormed
in relation thereto, issued certificates to
the members who appeared by said formal
returns to have been elected.
Here the statement is, that in the other
eleven districts, when there were no pro-
tests alleging fraudulent voting-where
no ten mel, could be found to sign one
where no one man could be found to swear
to one--the people were SO intinidated,
and so thoroughly conquered and subju-
gated, that t,sey1-tiared not protest. Is
this assumption sustained or justified by
the history of the transaction? What
portion of the Territory was reached by
| this influx of voters from Missouri? How
far did they penetrate What places form
ed the principal thcaters Of their opera
tiens? Were they not Leavenworth and
Lawrence, and the precincts between them
and in their vicinity? Yet at those very
places, where the largest number of ille-
gal votes were polled--where the scenes
of violence and intimidation are chiefly
Iocated-protests were fled, and allega-
tions of fraudulent voting made, and the
elections set aside, aud new elections or
dered by the Governor, upon the ground
that, in those seven districts, there was
reason to apprehend that the voice of the
bona .jfde inhabitants and legal voters of
the Territory had not been freely and fair
ly expressed at the elections. If at Law
renee, and Leavenworth, and those points
where it is alleged that the invaders made
their most efectual efforts, the people.
were not intimidated, and, through fear,
prevented from protesting against these
lawless proceedings and contesting the
elections in consequence of them, what
reason is there to suppose that the peo
pie were so completely conquered and sub
ijugated that they dare not protest against
their wrongs, and petition for redress of
their grievances, in other districts remote
from the scenes of trouble, to which the
intruders dill not penetrate to any con-
siderable numbers, if at all, and where
the Governor did not learn Chat there had
been any unfairness in the elections until
he was removed from Office by the Presi-
tdent-more than four months afterwards?
The minority report says that the Gov
ernor, being "uNtNFoRMED an relation
thereto, sss,tcd certificates to the members
aoho appeared, by said formal returns. to
| hare been etected' The Inference is, that
| if the Governor had been Informed in re-
lation to this pretended invasion into
those eleven districts, he would not have
issued the certificates.
From this it appears that the Governor
did consider himself authorized to go be-
hind the "said formal returns" and inyes-
tigate the legal qualifications of the voters
and the fairness of the proceedings; and
that he would have done so in those elev-
en- districts had he known or been infor-
med that the alleged invasion had exten-
dcd from the other seven districts into
those eleven. But, unfortunately, the
/ Governor was s'uninformed in relation
thereto" at the time he canvassed the votes
and issued the certificates! Certainly the
1 communication was not cut off between
the Governor and those districts. The
! highways were open; people were allowed
TO pass and repass; for we are informed
that the returns had at that time been
] duly made to the Governor by the Judges
of the election in every one of those dis
tricts. How and by whom were the
: "said formal returnsp duly made2 The
, Governors proclamation under which tht
election was held expressly provided thai
zone copy of the oath, list of voters, tally