The national era. [volume] (Washington [D.C.]) 1847-1860, 1857-11-19


tects it there-an extreme positi n never so ex-
plicitly taken by any former Pres 1ens--seemed
to appease them; at least, it sesssured and
greatly strengthened the hands of Southern
Conservative Democrats. But, be discomfort
was only lulled; it soon broke 0 1t again, and
the late action of Governor Wall er Ia rejecting
fraudulent returns from Oxfor&s and MCGEE,
and thereby allowing Free state- triumph,
has inaamed the malcontentz beyond all
bounds
This conduct of the Governt I, considering
his antecedents and political rels ions, is rather
remarkable. He must have fort teen the con-
sequences. The rejection of shpse returns
would transfer the legislative potter of the Ter
ritory to the Free State Party, 8 I'd strengthen
its organization. 1t would demon .trate the Pro-
Slavery Party to be in a minorit ', and impair
the authority of its creature, the Constitutional
Convention, then sitting. 1t wot d corroborate
the previous charges of fragrant rsud brought
against that Party, and throw 'iscredit upon
the Cause of Slavery. 1t woult give counte-
nance to all that the Republican had alleged
concerning the wrongs of Kan IS. 1t would
infuriate the Southern nltraists, provoke their
bitter luminosity, both sgainst hi aself and the
Secretary; and it might either I ldanger their
standing with the Administrative, or work the
defeat of their nominations in th Senate of the
United States, in which the Sout fern nltras, if
aided by the Republicans, would tave power to
crush them. r
On the other hand, the accept nee of returns
so VIGOROUSLY and infamous, fraudulent
would embarrass the Admirist alton at the
North, put'new and powerful We pons into the
hands of the Republicans, and le ID to the pros
tration of the Democratic Part in the free
States, so as to insure the electic of Repub-
lican President in l860-sn eeeI {, fatal to the
Slave Power, and to the politjcs prospects of
all those who seek preferment by alliance with
it, aud conclusive against all fitt 70 schemes of
Slavery-extension. Besides, 1t light provoke
a more immediate danger-a cit il war in the
Territory, involving consequence more fearful
and destructive thap any damage % mere Party
interests.
An ordinary partisan, acting from view
rather 10 immediate than 1lt ,rior results
would probably have accepted Il >returns on
the technical plea that it was nc his duty to
judge of their legality. The PRO ision, both of
the Organic act and of the Tgrr torial act, is,
that they shall be declared elette. and receive
certificates, who have the great lst " or "high-
est " number of votes-not legal 'otes. There
is no such word in the provision, either in the
Organic act or Territorial law. he votes are
simply to be counted, and the srson or per.
sons having the highest number must receive
the certificates. Whether the VIC es be legal or
illegal, is for the Legislature its IF to decide,
not the Governor or Secretary, such, we say,
would possibly have been the Esrt and taken by
an ordinary partisan. The fact hat Governor
Walker and Secretary Stanton iuld not avail
themselves Of this technical plea but, constru-
ing the law under which they ted so as to
do justice, and give legitimate ef sct to the will
of an ascertained majority Of IT, People, re-
jected returns, illegal and fraHdr ent on their
face, shows that they have larger and more ele-
waited views than belong to the ere partisan,
and that, if they were not actrat d solely by
sense of justice and fair DEALT G, they were
controlled by far-reaching conaid rations which
vitality affect the stability of the Slave Power,
and the ascendency of the Democratic Party,
as its main support.
But, these considerations hare no weight
with the Southern Ultras. TIey denounce
Walker and Stanton as traitsrs'to the South,
and seem ready to charge the administration
with completely with them, uhle 8 they be re-
moved. This is the demand, arg ed with more
and more vehemence, and it may yet find COM
pliance. Mr.. Walker is now OIL his way to
Washington, IN feeble health. Perhaps his health
may grow more feeble, while the Southern clam.
or against him shall increase to Ich an extent
as TO threaten dangerous oppositio.rin the South
to the Administration. Mr.. Buchanan will not
remove him-but Governor Walkers failing
health may constrain him to resign, and, so re-
leve the President, for time at least, from the
pressure of faction, whose u;axim is, rule or
ruin. But, if the Governor be &, man of nerve
such man as Rodin, who could cauterize his
body, but would not yield to disease-he aoiU
preseroe his health and his stallion, and let the
President take the responsibility of his nomina.
ton before the Senate. 1t will doubtless be
fuFiOusly assailed by the extreme men of the
South, but they may not be ALE to enlist the
cooperation of Republican Senators. These are
under no obligations to Mr.. Walker, but they
will hardly raise any fsctious opposition to his
nomination, on the simple ground ihat he is
friend of the Administration and supporter of
its general policy in regard to Karsas They
cannot expect any Administration TO select ap-
pointments from the ranks of its opponents
The country would never sustain Pro-Slavery
Senate in systematic attempt to compel
Republican President to appoint Democratic
officials. Governor Walker, on the whole, has
acted as fairly and reasonably as any man whom
the Administration could have selected from its
Party. If voted against by the Republican SEN
ators, it must be on grounds which would con.
strain them to vote against every appointment
made by the Administration. And should they,
acting with the extreme Southern men, be
strong enough to defeat the ratification of his
nomination, we cannot see what Kansas, or the
country, or the Republican Party, would gain
by it. The trouble in Kansas might be aggra.
veted, but it would be difficult to persuade the
People that the Administration wss RESPONSE
bic for it; while the DEMOCRATS az the North
would charge home upon the Republicans the
dlseredit OF defeating man, Who hed done jus.
tise to the People Of Kansas, and exposed and
pat down gross fraud, although his action
gave that Territory to the Frell Stste Party, and
Subjected him to the Prosecution o. the Slaverv