The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1857-05-27
EXECUTIVE OFFICE,
compton, K. T. April 80, 81

proceed without delay, to reply to the pro-
position you make in reference to the cleo
tion about to be held for Delegates to q
Constitutional Convention.
As | take different view of the laws
of the Territory from that which you ex-
press, it will be impossible for me to con-
sent to any new proceeding in opp s:tion
legislative authorities.
| did not hear from General Ma Clean
any such admission as you represent him
to have made. That gentleman spoke
only of his individual action in the partic-
ular mentioned, and whether that action
was right or wrong, or whether it occur
red in that individual instance only, or in
thousand others, by men either from
Missouri or Massachusetts,, it could not
invalidate the laws which now prevail in
the Territory. If believed-as 1 do not
believe--your assertion that the laws of
Kansas were "enacted by Legislature
elected by the people of an adjoining
State" it would still be impossible for me
to set them aside-the attempt to do so.
would be an act OF gross usurpation, not
less Objectionable in its character and ef
fects han the fraudulent interference which
you attribute to the people of Missouri.
must, therefore, say to you in the most
explicit language, that / can do nothing
which denies the authority and validity of
the laws enacted within this Territory
Congress alone has power to abregate
them.
l have no authority over the Probate
Judges. 1t is not my province to advise
them in relation to the performance oftheir
judicial functions. Yesit will not be i'm
proper for me to say that it would be very
judicious and becoming in them to obtain
every possible information from respectable
men ofboth parties, in order to enable them
to correct the list of voters. If such i'm
partial men of their own will and within
the time limited by law, could take new
census and present it to the Probate Judges
with sufficient proof of its fairness and ac-
cnracy, think the Probate Judges would
be bound to adopt it and return it to the
Governor as the true list legally corrected.
I should be sorry to see any Probate
Judge in the Territory refuse to receive
the sworn testimony oftTo respectable men,
differing in politics, as to any matter with
in their knowledge connected with the res
idence of citizens and their qualifications
as voters do not believe such wrong
can possibly have occurred, and therefore
say that if you had been desirous of OBJ
tanning correct list Of voters for the COM
ing election, you had it in your power to
accomplish that object in perfect conform
ity with the law.
1t is not my purpose to reply to your
statement of facts. cannot do SO for
my personal knowledge enables me neither
to admit or deny them. [ may however,
l have heard statements-quite an authen-
tic as your own, and in some instances, from
members of your own party-to the effect
that your political friends have very gener-
ally, indeed almost universally, refused to
participate in the pending proceedings for
registering the names ofthe legal voters.
In some instances they have given fc-
ttious names, and in numerous Others
they have refused to give any names at all.
You cannot deny that your party have
heretofore resolved not to take part in
the registration; and it appears to me
that without indulging ungenerous sus-
picioas of the integrity of officers, you
might well attribute any errors and omis-
sions of the Sheriffs to the existence OF
this we'll known and controlling fact. !
forbear to say anything of the unreason-
ableness of your requirement that we shall
set aside the law in order to accomplish
what you have refused to do in obedience
to its provisions; but will be most hap
py to learn that you, gentlemen, and your
party friends generally, have been at work
in earnest, with view to enable the
Probate Judges to present a true and per.
feet list of the legal voters of the Terrific,
ry. You have had power to correct the
lists-if you have failed to do it, the faul,
will be your own.
In reference to your proposition to ap
point four judges of election at every
place of voting, I have to say that the
law very wisely authorizes only three
The Governor has nothing to do will
. their appointment 1t is not in my pow
er, therefore, to adopt your suggestions
in this particular. If 1 had any author
ity in the matter, would in every in
stance, appoint as judges of election one
Republican of your party. one Nationa
Democrat in favor of free State, and one
National Democrat in favor of making {
slave State. This would be quite as fail
and impartial mode of proceeding al
ever is, or indeed ever can be adopted BY
i political parties in any country. / mos
sincerely hope the Probate Judges MAJ
adopt this suggestion, or any other which
may better avail to secure perfectly fai
and independent expression of the popu
lar will.
1 I have the honor to be, very respectful
il ly, your obedient servant,
FREDERICK P. STANTON,
j Secretary and Acting Governor of Kan
j sas Territory.
IT, ~ ID oL;peor IV;II;or, u,t.l.