New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-10-29
KANSAS.
PROCLAMATION 20 TIE PEOPLE OF
KANSAS

", s.v,ns ~. areatsst number Of votes shall be
"sscl,red by the Governor TO DO dIy elected ana d
" o., cate thereof shall be given accordingly.
BY The lob section Of toe &C. OF vac ionI,ss
I<yfslsure CT Karss. entitled, " al scs 70 rega..e
elections" il il made the duty CT the Sscfetay 70
anime the re turns in the presence OF the 1)veEnor
and to "gye to the persons having the hghes, nunoer
"tS. iC election II 10 the legislative Assembly"
Under these two provisions ofihe laws pevanng 10
this Territory the recent general election IS
for the Joint corside ration Of the Governor and oSc
tary question ofthe gravest Importance not only "
our own people but also to those OF the wnois aon
This question arises upon the extraordinary re
turns made from the precinct OF Oxford 10 the county
Of JohnsOn What purpor TO oe me feIITns .; .t'
election held at that precinct on the 3ta and otn
have been received by the Secretary containing DC
names OF pretended voters, or nearly one-osi ihe
number given in the whole Represeniahve DisTict.
The disposition 10 be made of this supposed yote Is
rendered eli important by the fact thai the potcai
character Of the Legislative Assembly ~il De con
rolled by the addition Of three Councaen ana e'so'
Representatives. to the strength OF one parry or the
other according 10 the adepl'oh VI AeJ'"SA'" " ~
turns in question. hi,
In point of fact il well knownt even the wnole
County of johnson, comprising, As does PAT o, an
Indian reserve which, upon examination o. Tue .sm'
we find is not yet subject to settlement or preenPuop
can give no sueh vote that represented 70 nave
been poled at this transferable precinct OF O1iord
But while this usoiicial knowledge, well established
and universal as it may be, could no. oe,oaie 'Io
ground of deci.ion and action upon election returns III
themselves regular and suthentie, the egmate ehec'
of an apparent enorniy, such as that IN question,
would necessarily be 10 induce close examination oI
the raper presented and 70 require for It's acceptance
perfect compliance with all the essential provisions
Of the law Such al exsmir aton Of this aocument,
con.cien,iously ard impsrsly made, has brought US
10 the conclusion that the returns rom OXFORD [feecs
in Johnson County must be wholly rejected t'r the
following reasons: 49,. A., so.,,-
ment presented TO us, or in any other maneI INA o
g t~nk lmlpraflNclY
ouired by the statute, TO secure the "lmpaiuA us
Il charge of their duties according to law.
Second 1t does Iot appear tia, the paper presenet
to Us was one of the two original poll books kept at
the election required by law; but, on the contrary,
il does appear from unmstakeable internal evldencs,
that the paper is either copy OF come other document
or bas been made up for tho OCCASION and 10 not the
genuine record OF the votes taken at toe election Inc
Jaw requires one OF the polbOoks to be returnsd ID
the Secretary tie other TO be deposited Win the CletK
of the Beard of Commissioners OF the proper county
IItrd: As the vote Of each elector was to be re-
ccrced for each of twenty Two candidates. aud In
INC than hundred cases for twenty five, ana that by
viva voce vote il was p6y steal imposslolty tina.
the Iumber OF pretended tc have been taken on
tbe second osy being more than fifteen hundred with
the name Of tie voter written, and each OF twenty-five
candidates properly designated, could have been taken
| and re ed within the time prescribed by law.
Fourth IL IL extraordinary fact, tendi to throw
dstrust upon the whole proceeding, that oi the lho
yotes Only one is given to the Delegate elect TO Con
gress and only III are recorded as having been cast
Influenced by these considerations, and impressed
with the grave responsibility res ing upon Us in regard
to the fanefs OF the election, and It's freedom from all
fiaud susceptible Of detection and prevention within
| the scope of our duties deemed it essential to
truth and Justice that should ascertain every TACT
calculated to refue eoIfm the conclusions derived
from the face of the papers: Accordingly, we went
10 the preciI ct of Oxford (which is village with six
houses including stores, and without tavern, and
aacerained from the citizens Of that vicinity, and
pecialy those of the handsome adjacent village OF
New Santa Fr in Missouri separated only by street
and containing about twenty houses) that altogether
not more ban tenth the number OF persons repre-
seLed TO have voted present OF the two days OF
the electionmuch the smaller NUMBER not exceeding
thJIiy iorty being present the last day, when
more than fifteen hundred votes are represented as
having been given. The people Of Oxford, as well as
the of the neghbo ing village OF Santa Fe were as
founded AZ the magnitude Of the return and al per-
of all parties in both places, treated the whole
affair with derson or Indignation not having heard
the alleged result until several days after it had
| CURED.
In the course of our journey TO and from Oxford We
passed over much the larger part OF the County OF
| johnson, and became thoroughly satisfied that
there is population in the whole county from which
| could have been given. We learned that some very
few pesors having cabins the Reserve in johnson
county ard claiming residence therein though gen
orally ab.obt, had voted at OF the precincts in
that county but we convinced that bu. very in
considerable number-nOt reaching, we believe, one
bundreo-of MissOuriaAs other persons having no
admitted iglt to vote, did claim or attempt to
| else that right any where within that county The
people of Missouri cannot be justly charged with any
Interference in the late election they in any
degree complicated with tho evidently fraudulent re-
Turns made from the precinct OF Oxford. Those
surps beyond all doubt, are simulated and fictitious
Under these circumstances do not feel embar-
yassed by any technical difficulty to right to 90
behind the returns. We hold the returns tn mselves
10 be defective in form and IN substance, and there
ftIe inaduisssble. We go behind them and inquire
into the facts, only for the purpose OF sscertaaing
whether by these valid objections to the mere
turns or rejection Of them will have the effect OF
defeating The will of the people sought to be fairly eI-
pressed at the polls In the event Of such sequences
might hesitate 10 reject vote upon any defect OF
form, however essential in law. Ba. 10 the present
case, feel Ourselves bound 20 adhere 70 the very
letter Of the law in order 10 defeat gross and pablo
aud The consideration that tur own party by this
decision, will ose the majority in the Legislative AS
seDbly, does not make duty IL the premises less
sd, imperative. The elective franchise would
be utterly vsueess, and free government itself would
receive deadly blow, il 80 great an outrage az this
could be- shielded under the OF mere forms and
technioaltes. We cannot consent in any manner to
give the sanction Of our objective ocsl positions TO
such transaction. Nor can We feel justified to re-
lieve ourselves Of the proper responsibility Of our
cces in where there Is valid return by sub
mttr the question 70 the Legislative Assembly, and
in that very act giving The parties 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 years past. of the efforts so long made 30 put
IN operation here Revolutionary government and Of
the fact that this effort was Suspended under the beet
that The poiica! difficulties OF this Territory might at
length be family adjusted at the polls ii that adjust
ment should now be defeated ard the psop deprived
Of their lawful power ur ie- the laws OF Congress by
fictitious of votes given il is our solemn
conviction that the pacihcaticn of Kansas through
the exercise Ct the elective franchise would become
mpracticsble and that civ!, war would immed stely