Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-10-30

OF sn apparent enormity such as that in question
would necessarily be to induce a close examina-
ton OF the paper presented and to require for its
acceptance perfect compliance with all the essen
tial provisions OF the law. Such examination Of
this document, coRscientiousy AID impartially
mace, mas brought Us to the conclusion Chat the r.
turns from Oxford precinct, in Johnson county,
must wholly rejected for the following reasons:
lst' 1t does not appear on the face of the DO o.
menu presented TO us, or in any other manner, tnat
the Judges Of election took the oath imps ratiV-y
CURED bv the statue, to secure the imp 'rta'
discharge of their duties according 70 law"
I'd 1t does not appear that the paper presented
to us was one of the two original poll-hooks kept
at the election, e. required BY law; but, on th'
contrary, it does appear from uumistskabie inter-
nal evidence, that the paper is either copy OF
some other document, or has been ma 2 up TOT t'e |
OCCASION and is the genuine record OF th" votrs
taken at tue election. The law requires one OF the
polhooks be returned to the secretary the other
to be deposited with the clerk Of the board OF COM
missioners, of the proper county.
Sd AS the vote of each eleetor was to be record
ed for each One of TWENTY-FIVE candidates, and IN
than hundred cases for twenty-five, and that
by ViUG voes vote, it phvsici mpossibility
that the Gumbr of VOTES pretended to have been
taken on thr second day being more than fifteen
hundred, with the name of the voter written, aud
each of the twenfytw candidates properly desig-
mated, could have been taken and recorded within
the time prescribed by law.
4th Its an Extraordinary fact, tending TO thro"
disLrust upon the whole proceeding, that OF the SIX
teen hundred and twenty eight votes only one Is
| given 10 the delegate elect Congress; and only
/ one hundred and tWenty-four recorded az haV-
ing been cast for the local candidates of the town
ship
! Influenced by these considerations and impress
sed with the grave responsibility resting upon Us ID
regard to the fairness of the 1ectiOn, aud rs Tree
1om from all fraud susceptible of detection and
prevention within the scope of our duties, we
! deemed it essential to truth and justice thar We
H.. nfrata N late
confirm the conclusion derived from the face OF the
! pap-rs Accordingly, went 70 the precrct VI
Oxford (which is village Of six houses, lbciuHlhg
stores, and without tavern, and ascertanTo rom
/ the citizens of that vicinity, and especially those
of the handsome adjacent village OF New santa re
in Missouri, (separated only by street and con-
tanning about tw nty houses,) that altogether ho'
more than one-tenth the number of persons repre-
ssnted to have voted, present on the TWO days
| of the election much the smaller numbfr not (
ceeding thirty or forty being present on the last day
when more than fifteen hundred votes are repre-
scented as having been given. The people OF O1I
ford as well those of the neighborng village OF
Santa Fee were astounded at the magnitude OF the
returns and all persons of all parties, in both
places treated the whole affair with derlsion or IN
dgnation, not having heard the alleged result TOR
several days after it had occurred.
In the course of our journey to and from Oxford
We passed over much the larger part of the county
of Johnson, and we became thoroughly satl- ned
that there is population in the whole county from
which more thap one-third of the vote OF that sin
gle precinct could have been given. We learned
that very few persons, having cabins on the
reserve in Johi son county. and claiming resi-
dence therein, though generally absent, had voted
at of the pre- incIs in that county; but we are
convinced that very inconsderabls number, not
rraci ing we believe, one hundred OF hissourians
| or other persons having admitted right TO vote,
did claim or attempt to ex rcse that right any
where within that county. The people OF Missouri
cannot justly charg' with any interference with
the late election nor are they in sny degree COM
plicated with the evidently fraudulent returns made
from the precinct of Oxford Those returns be-
youd all doubt, are simulated and hc itiOus.
Under tn. g. circumstances we do not feel en-
barrassed by any technical difficulty as to our right
to go behind the returns. We bold the returns
thrmsev to be defective in form and 10 substaDc
and Ii, r fore inadmissable We go b. hind them
and inquire into thu act7, only for the purpose OF
sscertaining whether by these valid objections to
the returns, our rel action OF them VIII nave
the effect OF defeating the will of the people, sought
to be fairly expressed at the polls. In the event
of such conse quences, might hesitate to roget
a vote upon any defect OF form, however essential
in law. But in the present case, we feel ourselves
bound adhere to the very letter OF the law, I'D or
der to defeat a gross and palpatle fraud. The con-
alteration that our own party by this decision, will
lose the majority in the L. gisative Assem- y, docs
not make our duty in the premises less solemn M
! imperative. The elective tr nchise would ne ut
terly valueless, and FREE government itself would
this could be shielded under the cover OF mere
forms and technicaliti,s. We cannot consent, III
any manner to give the sanction of our respective
official positions to such transaction Nor can
we feel justified to relieve ourselves OF the proper
responsibility OF offices. in case where there
is no valid return, by submitting the question to
the Legislative Assembly, and in that very act,
giving the D rites that might claim to BE- chosen by
this spurious vote the power to decide upon their
own election
In view of the condition Of affairs in Kansas for
several wears past of the efforts so long made to
put in Op ration here a revolutionary COVER m Mt,
and of the fact that this fort susp, nd~d und'
the belief that the polite I diff ulties of this ter
ritory might at lrngth BE- fairly adjusted at tie
, polls; If that adiuS Mt should nov b. defeated
md the people deprived of their righttul power
uud r the laws OF Congress. by fictitious returns
4 votes never given, IL is our solemn conviction,
that the pacifcation OF Kansas, through th exer
else OF the elective franchise wOull become i'm
practicable, and that civil would Immediately
he recommended in this territory, extending, We
fear, adj Stat ana subj citing the govern
IN mt of the Union 10 imminent peril
Because, therefore, the paper now under exami-
nation is not of the original poll books by law
quired to be returned, aud from the absence Of
the judges of election, the returns being thus
clearly invalid and, believe fictitious and
simulated we have under the circumstances no all
tentative but to reject the whole return from Ok
ford precinct and to give the certificates those
Who appear to have been elected by virtue OF the
ether regular returns.
R. J. WALKER,
Governor Of Kansas Territory.
FRED. 2. STANTON.