The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1857-11-14

| Ninth, Because, the act of giving certI-
/ fcates of election to the persons named in
the order aforesaid, would directly affect
important rights of other persons, claim
| ing, as we believe Justly, TO have been
duly elected 10 the said offices. which said
persons are not made parties to this pro-
eeeding, and have had 10 notice thereof.
| 1artb, Because prior 20 the date Of the
rule or order aforesaid of the 23d of
| October, 1857, the undersigned had duly
| cast up the votes given at the election
aforesaid. held at the tine aforesaid, for
/ the counties al Douglas and johnson as
aforesaid, and finding by the genuine,
valid and legal returns thereof that Ly-
man Allen, Carni W. Babcock and Edwin
S. Nash had the majority for the Council,
and John Speer, George ". Deitzler,
Oliver Barbour, Hiram Applemsn, Andrew
j. Still, George W. Zinn, Gideon Sey-
mour and John Lockhart the majority of
votes for members of the House of Rep
resentatives of the Legislative Assembly
Aforesaid, certificates of election were, be-
fore the date of said rule or order issued
in due form Of law to the said persons re-
/ spectiyely, for the Offices aforesaid. which
certificates are now in their possession and
beyond the power OF the undersigned 70
recall. 1t is, therefore, impossible for the
undersigned 10 issue certificates TO the
other parties named in the said rule or
order.
Eleuezth, Because, whilst the under
signed cannot doubt that the honorable
Judge will decline to exercise the juris-
diction claimed in this case. they feel it
their duty TO say, most respectfully, that
they would regard judgment in this
case, directing them to issue certificates OF
election as an usurpation Of power, and
therefore a nullity, which, under their
oath of office; it would be their duty 10
disregard
Yet, with view to prevent danger
Gus conflict, between the judicial and ex-
ecutive power, and to enable the Supreme
Court of this Territory; or as final re-
sort, the Supreme Court of the United
States, to correct any error Of the Judge
in this case, if Judgment should be rem
dered against them on this rule or order,
they pray an appeal to the Supreme Court
OF the Territory, it having been decided
BY the Supreme Court of the United States
that Judgment on a mandamus presents
case, in which an appeal lies from an in
ferior to the proper appellate tribunal
The undersigned beg leave further to
state. that, if the said Judge should COM
rnand them to issue certificates of election
as aforesaid, and should deem it his duty
10 subject them to imprisonment for dis
o5eying his order, they would he COM
pelled 10 do by their conviction of it's
us1Irpation and utter nullity, and because
the certificates before the date OF said rule
or order had already been issued to other
persons. such is their desire to maintain
the peace of this Territory, that they viii
submit individually to such Imprisonment,
and If any tumult should be apprehelded
bv said Judge, in consequence of the
monstrous frauds which have been per-
petrated upon the elective franchise in the
recent election, the Governor will direct
the regular troops of the United States,
now here and subject to bis order, to act
as posse comitatus in aid of the sheriff or
marshal, who may be directed by said
Judge to execute said mandate of imprison-
ment. (Signed) R. ]. WALKER,
GoyeTaoF Of Kdnsas TerTTtoTy.
(Signed) F. P. STANTON,
SeeTetGry.