New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-16

body % sSsi su5rcI and 10 N tie sorosiag ~ords:
''On tn Grst nooday 10 O-tsbsr. in fhs. v.ar o.
,hoosapd ght hunavs& aos fA,-Ass, a.acet tie frx
s X. sas or D Sssssss ss: Z, i Hs,, q
Of tie United States shall be held at the respective
p'sses of holding elections In tas Territory OF kansss
There IS, peitber in this secton nor in any o.sef prt
NJ TIE code Of laws enacted by The 40 cale3 Terito
rial IL gslau-eoi Ksnsss any provision for the cleo
ton o; Delegate 10 Congress 81 NIL 8 vacancy. v,
wh,r, is suhosiiy given to the Governor TO ny day
by proclamation for the choice OF Delegate 70 Con-
gees to ell vacancy. The pFocAmsion actually
sued by the Governor for the election OF las October
nsd DO leg al validity whatever VI even color OF legal
validity No citizsn Of Kansas was 'und to psv s"y
attention a. IT, Dor is 10 re ncaded or prtjudced to
any right whatever by refusing to take notice OF this
n. cisn sion
The suthority OF the Governor of Kansas to issue
bis p,oca naioa for the election in October lsst
denied apd repudis,ed by the great majority OF ne
people OF Kai and this o; ITSELF aud without refer
tpte 10 other considerations sufficient reason for
their refcsa 10 participate in the Illegal and pretended
elec'iop held under IT,
The sitting delegate having DO CAIN to his ses,, on
The ground having been elected in pursuance or law,
ght It'll be allowed, as matter OF indulgence And
discretion TO retain bis sest if il sufficiently appeared
that bis election was in part concurred in by majority
Of 'hose who are ought.to be. the legal votars OF
Kspsss No such thing. however, sppears, but on the
contrary all the circumstances and evidence In the case
point irfesisribly 10 sn opposite conclusion.
The etc zion st which the sitting delegate claims 70
have been chosen was conducted by the officers and
under the regulations prescribed in An Act TO reyu.
late elections" passed by the so-caed) Territorial
Legislature in 1855 and becomes necessary 10 exam
inc come Of its provisions.
By the fifth section OF this Act, the election judges
de,ive her app, ntment not from the Governor, nor
from the people. but hom boards OF County Commis
i pers who were themselves appointed, not by the
Governor or people but by the usurpng and pretended
legislative body elected on the Oth OF March, 1885,
Il safe to infer the character of these election Judges
and the psrpcses for which tbey we're selected from
the sources TO shich they owe their appointment.
By the fourth section Of this SCI, the Boards Of
County Commissioners are authorized TO establish
election precincts down TO the day OF election, and
even on the day of election ITSELF BY the ninth sec
tion OF this act, the election judges are authorized TO
adjourn the elections TO the pext following day. These
two proysions it is manifest afford great and tempt
ing opportunities for fraud.
The eleventh section of this act prescribing the
qualifications of voters, requires no term of previous
rssdeDc.En the Teutory-not even one single hour. In
connection with the twentieth section of the act il an
thorzes any person 10 vote, al The pleasure Of the ee
ton Judges who will swear that he Is An lnhabitan
This last section authorizes the election judges at their
discretion 70 receive evidence as 10 the qlalf ations
Of voters or to examine the voter touching has right
"tO rote and II so erdmiued no eC9dshce Ia contradict
shaH be recclrtd. The privilege Of swearing 10
their votes is not accorded to sill persons Offering er
vote. This would be impartial, whatever might be
though. OF lis Justice or policy. The privilege s, IN
fact granted or withheld az the gnrestrained discretion
of the election judges.
The eleventh .ection of this act 10 sweeping in s
exclusions a. is in ITS admissions While gives the
right of suffrage in Kansas to every citizen Of Mis-
souri, who il weak, ignorant or reckless enough 10
sye ar that he is inhdbttdRI" OF Kansas; 1t eN
cudes Fl ON the right of suffrage every person who
will not upon being thereto required, to take an OATH
or sirpaiion to sustain he pr0rlsoas" OF the Act
of Congress OF February l. 1888 and OF Sept. IL.
1850 providing for the rendition OF fugitive slaves and
aso OF the Act of Congress ~ May ~: 1881, to or
paIize the Territories OF Nebraska and Kansas. This
Is test oath OF the must odious character and ope-
rats 10 exclude from the exercise Of the right OF sui.
fraee large numbers OF the people OF n ansas. All
tel oshs are odious and pposed to the principles aa
traditions OF American liberty. lhey nave been tne
reaoy resort, of tyranny in all ages and countries.
Thew oppose no barriers 10 the uuscrupuous, whie
thew repel men OF Conscepc-s. Thisis believed
10 be the f ct instance in this country IN which sue
cessfu political party has attempted to exclude Its OPP
ponens from the right OF s1nfagel oy party shlooo-
i, IN in II form OF test ,th. Ii deserves the sever
EFT condemnation at the hands OF all who cherish the
forms snd substance OF free Institutions. No counte
mar should be gwen to elections tainted and polluted
by it.
"Act TO regulate elections, and without the aid Of
any testimony as to it's practical working, the con
clnsiou would be irresistible that faith aud credit
aIe dne to procee dogs under it, but that everything
shoua be presumed sgsipst them
There Is, however, abundant testimony as TO the
practical working OF t1e so-caledl election laws OF
among the conclusions arrived at by the Special
Committee sppoine by this II use during its first
session 70 investigate t5e affairs OF Kansas and sup
pored by an overwhelming array OF evidence, were
the two following:
'Tha. zach election Territory under the organic
alleged territorial beea carried By organized INVASION
of Missouri, by which The people Of the Terri
tory b. prevented from exercising rights secured
them by the organic law
That in the present condition Of the Territory, fair eec-
ton be held without stringent and well
guarded election lac the selection Of impartial judges and the
presence Of United States troops place Of election
That large numbers o. PERSONS in Kansas are in fact
restrained from the exercise OF he right OF suffrage by
the est oaths imp sed by the pre.eoded election Law 10
that Territory, proved by The smonsrances o. 66
legal OF Kansas sssiDst the right Of the sitting
gate TO bod his sea. These nonsrsnts declare
The Legislature so .ecied made certain enactmeuts no.
only with the organic act but with the Constitution
the United States; and among hem elections lac, p.
sf.tydgt debdrs BY the Interpolation Of .es odft from
seekin9 q remedy through me bdAotbor."
The contestant, A. II. Reeder, in his memorial, de.
ciaIes:
Ir the month Of October 1855 the ssid j. w. Whitfield
your petitioner candidates for tho office of Territorial
DELEGATE the present Congress at two pIate elections
petitioner from the report Of Spa ia