The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1857-10-29

! cups. III
I Cato and Walker rsrnaias 10 be seen. l
Walker does not obey the mandate Of Cato
the latter will arrest him for contempt, o.
course, and as there is no Judge Stockton il
Kansas to release Walker, he may have t
depend upon the free State men TO trea
Judge Cato to specimen of Judge Lynch
practice in order to- secure his release.
ProclnInatiOn Of GOV. walker.
We publish below the material portions Of
the proclamation to the people of Kansas
signed by Walker and Stanton.
After referring to various statutes 10 re-
gard to elections, they say
Under the provisions of the laws prevail
ing in this territory, the recent general elec-
ton has presented for the joint considera.
ton of the governor and secretary ques.
ton Of the gravest Importance, not only TO
onr own people, but also to those of the
whole Union. This question arises upon the
extraordinary returns made from the pre-
cine, of Oxford in the county of Jefferson.
What purport to be the returns of the cleo
ton held at that precinct on the 9th and 9th
instant have been received 10y the secretary,
y
uames Of pretended voters, or nearly one-half
of the number given in the whole represent
alive district. The disposition to be made
of this suppose ed vote is rendered all impor-
tant by the fact that the political character
Of the General Assembly will be controlled
by the addition Of three councilman and
eight representatives to the strength Of one
party or the other, according to the adoption
e ,l.A
In point of fact, it is well known that even
the whole county of Johnson, comprising as
it does part Of an Indian reserve, which, up
on examination of the law, We find is not yet
subject to settlement or pre- emption, can
give no such vote Us that which is represent
ed to have been polied at this uncomfortable
precinct VI Oxford. But whilethls unofficial
knowledge, we'll established and universal as
it may be, could not become the ground of
decision and action upon election returns, in
themselves regular and authentic, the iegiti-
mate effect Of m apparent enormity such as
tlat in question would necessarily be to in
ducc close examination of the paper pre-
Sc nted, and to require for its acceptance a
perfect compliance with oil the essential pro-
visions Of the law. Such al examination Of
this document, conscientiously and Impair
italy made, has brought US to the conclu-
sion that the returns from Oxford precinct,
in johnson county, must be wholly reject
ed.
After ennumerating the legal defects OF
the returns and the various marks Of fraud
on their face, the proclamation proceeds:
Influenced by these considerations, and
impressed with the grave responsibility rest
ing upon us in regard to the fairness of the
election, and its freedom from all fraud sus.
ceptible Of detection and prevention within
the scope of our duties, we deemed it essen
tial to truth and Justice that we should as
certain every fact calculated to refute or
confirm the conclusion derived from the face
OF the papers. Accordingly, we went TO the
precinct Of Oxford, (which is village Of
six houses, including stores, and without n
tayern,) and ascertained from, the citizens OF
that vicinity, and especially those Of the
handsome adjacent village OF New Santa Fe
in Missouri, separated only by street aud
containing abou, twenty houses that alto
gcther not more than one tenth the number
of persons represented to have voted, were
present on the two days Of the election, much
the smaller number, not exceeding thirty or
more than Fifteen hundred votes are repre-
rented as having been given. The people Of
Oxford, as well ms those Of the neighborng
village of Santa Re, were astounded at the
magnitude OF the returns; and all persons OF
all parties, in both places, treated the whole
affair with derision or indignation, not hav-
ing heard the alleged result for several DAYS
after it had occurred.
Under these circumstances, we do not feel
embarrassed by any technical difficulty as to
our right to SO behind the returns. We hold
the returns themselves to be defective in
form and in substance, and therefore mad
mlssabe. We go behind them and inquire
into the facts, only for the purpose Of ascer-
tanning whether by these valid objections to
the mere reiurns, our rejection Of them will
have the effect OF defeating the will Of the
people, sought to be fairly expressed at the
polls. In the event Of such consequences.
We might hesitate to reject vote upon any
defect Of form, however essential in law
But in the present case, we feel ourselves
bound to adhere to the very letter Of the law,
in order 10 defeat gross and palpable fraud.
The consideration that cur own party, by
this decision, will lose the majority ia the
Legislative Assembly, does not make our lu-
ty in the premises less solemn and imperative.
The elective franchise would be utterly val.
ueless, and free government itself would re.
ceye deadly blow, If so great an outrage
a. this could be shielded under the cover Of
mere forms and technicalitics. We cannot
consent, in any manner, to give the sanction
OF our respective Official positions to such a
transaction. Nor can We feel justified to
rehese ourselves Of the proper responsibili-
" OF our Offices, in a case where there is no
valid return, by submitting the question to
the Legislative Assembly, and in thai very
act, giving the parties that might CHM 10
be chosen By ihis spurious vote, the power
10 decide upon their own election
In Wow Of the condition Of affairs in Kan.
sas Tor several years past, Of the efforts So
long made TO put into operation here reyo.
lntionory government, and Of the fac, tina,
tais eaort VAS suspended under the belief
thai The political difficulties of this territory
mighs Ut length be fairly adjusted at the
polls II tha, adjustment should now be de-
feated and the people deprived Of their RICH.
iut power under the laws OF Congress, by
hetitious returns VI votes never given, i. IS
our solemn conviction, that the paci6cation
of Kansas, through she exercise Of the elec.
I've franchise would become impracticable,
ANA that civil war would immediately be re-
commenced IN this territory, extending we
fear, TO adjacen, States and subiecting the
government of the Union to immInen, perii
Because, therefore, the paper now under
examination is not one Of the original nol
books, by law required to be returned. ana
from the absence of the oath prescribed by
The territorial statutes for the judges of elec
ton, The returns being thus clearly invalid.
aud, as We believe, fictitious and simulated
We nave under the circumstances no al,erna