The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-14

territory on the day Of election and whom we shall not
honestly believe TO be qualified voter according 10 the
act OF Congress organizing said Territory that viii
reject the votes OF all and every nonresident whom we
shall believe to have into the Territory the
purpose Of voting that in all where igno-
rant OF the voters right will require legal evidence
thereof by his oath otherwise that win make
rue and faithful return of the which shall be poled
TO the governor OF the said Territory
The same proclamation pointed out in detail the mode
in which the election should be conducted and, among
other things that the polls will be open for reception Of
votes between eight and ten O'clock and kept open
continually until six O'Clock, p. m. that the judges will
keep two corresponding ss of persons who shall vote
numbering each name that when dispute arises to
the qualifications of voter the judges shall examine the
voter or any other persons under OATH upon the subject
aud decision of majority of the board will be conolu
sVe that when the election shall close the judges shalt
open and count the votes and keep two corresponding
tally lists and the tayists shall agree the judges sha
then publicly proclaim the result and shalt mnketup and
sign duplicate certificates In the form prescribed, and shall
certify under their oahs that the certificate is true and
correct return of the votes poed by lawful resident voters
The proclamation also provides that the tickets votes
poed SHALL after being counted be again deposited in the
box together with copy of the OATH and one list OF the
voters, and one tallyis and one certificate OF return
and that the judges shall seal them tue box and care
fully preserve the until called for by the governor of
said Territory in of being contested
and that the remaining copy OF the oath, list of voters
tay-lis and return will be taken by one of the judges
who shall deliver the in person to the
The proclamation also provides that In case any per-
persons shall dispute the fairness correctness OF
the return of any election district they shall make written
statement directed to the governor and setting forth the
specific cause Of complaint errors in the conducting or
returning of the election in said district signed by not less
than ten qualified voters of the Territory and with an af
dayt of qualified voters to the truth of the fact
therein stated and the said complaint and affidavit shall
be presented To the before the fourth day OF
December next when the proper proceedings will be taken
! to hear and decide such complaint"
BY reference to the executive journal of the Territory
we find the following entry
December A, lS54The judges of the several election
districts made return of the poled at the election
held on the 29th day of November last, delegate
tat tiyas nf
which it appeared that the votes in the said several dis
trcts were as follows, to wit :"
Here follows list of the votes cast for each candidate in
each of the districts of the Territory showing
! that
W Whitfield had received~......... 2,25s votes.
All other persons received d.......... 5I5
And on the page is the following entry
December s. ls54-On examining and collang the
turns, j. w. Whitfield is declared by the governor to be
duly elected delegate the House of Representatives of the
United States and the day the certificate Of the gov
under the seal of the Territory issued to said j. w
Whitfield of his election
II nowhere appears that Gen. Whfeds right to seat
by virtue of tnat election contested II docs not
appear that "ten qualified of the Territory
ever found who were willing make the written state
ment directed To the governor with afhdavir OF one or
4 more qualified voters to the "trut of the facts therein
stated to dispute the fairness correctness OF the returns
or to set forth specific cause of complaint or errors in the
conducting returning of the election in any OF the
seventeen districts of the Territory Certain 1t Is that
there could not have been system of fraud and violence
sucas has been charged by the agents and supporters OF
the Emgrant Aid Socee unless the governor and judges
Of election parties il and your committee are
not prepared fact disreputable TO them,
and improbable upon the state of facts presented,
without specific charges and direct proof In the ab-
sence of all proof and probable truth the charge that
the Missouans had invaded the Territory and controlled
the congressional election by fraud aud violence was
circulated throughout the free States and made the ha
sis OF the most inammatory appeals to all men op-
posed TO the principles OF the KansaNebraska act TO emf
CRATE send emgants to Kansas for the purpose OF
peng the invaders and assisting their friends who were
fhn IN Untff
and prohibiting slavery in Kansas, with the view Of ma
king it free State Exaggerated accounts Of the large
number OF emgrants on their way under the auspices OF
the emgrant aid companies with the view OF controlling
the election for members Of the territorial legislature
which was TO take place the Both of March, 1852 were
published and circulated These accounts being repub-
shcd and believed In Missouri where the excitement had
already been naamed to fearful intensity, induced cor
responding effort to send at least an equal number 10
counteract the apprehended result OF this new mport
ton. Your committee have not been able to obtain de
mite and satisfactory Information in regard TO the alleged
irregularities in conducting the election, and the number
Of illegal votes the 3oth Of March, but from the most
reliable sources of Information accessible to your commit
tee including various papers, documents and statements
kindly furnished by Messrs Whitfield and Recder rival
claimants of the delegates scat in Congress for Kansas
Territory would seem that the facts are substantially @
follows;
The election was held in obedience the proclamation
Of the governor Of tho Territory which prescribed the
mode of proceeding the form Of the oath and returns the
precautionary safeguards against illegal voting and The
mode OF contesng the election which were in substance
the congressional election When the period arrived Tor
the governor to the returns and issue cerhraes
the persons elected 1t appeared that protests had been
filed against the fairness Of the proceedings and the cor
Of the returns in out of the eighteen cleo
ton districts into which the Territory had been divided
for election purposes alleging fraudulent and illegal voting
by persons who not actual settlers and qualified
OF the Territory II also appears that IN some o
these contested the torn OF The oath admins
tered the judges and Of the returns made hy them
not in conformity 10 the proclamation OF the govern
or After careful investigation Of the facts Of each case
presented by the of the Judges and the protects
and allegations Of all persons who disputed the fairness o
the election and the of the returns the govern
the conclusion that IL his duty 10 se
aside the election In these disputed dstes he e
feet of which create two vacancies In the connc
aud nine in the house OF representatives OF the Territory
10 be filled by election and TO change the result 81
far the certificate for councilman and ono
representative to ssue to different persons than tbos'
returned elected by the judges Accordingly, the gov
issued his wrts for special elections TO ne heo
the gath Of May, to fill those vacancies and AZ th
time granted certificates Of election TO eleven coun
cmen and seventeen representatives whose election nae
f not been contested, and whom he adiudged 10 havt
been fairly elected At the special election TO l these vh
cances three Of the persons whose election on the 30h
March had been aside for the reasons already stated
reelected and in the other districts different person.
returned and the governor having adludped ben
10 have been duly elected accordingly granted them
tiheaes of election, thus making the full complement
thirteen conucilmcn and twenty-six representatives,
whom by the organic law of the Territory the egisatur
was TO be composed On the 18th day Of April The gov
ernor issued his proclamation, summoning these thrlce
couuclmen and wentysx representatives, whom he ha
Il commissioned having been fairly elected to assemble
Pawnee City the I'd day OF July, and organize III
4 legislature Of the Territory Of Kansas. -
II appears from the Journal that the two houses did
- " 1z1s- L. "