The Kansas herald of freedom., 1857-10-24
PER ANNUx. m ADVANCE.
a Mzudamus.

TERxs.-ss.ss PER ANNUx. IN ApyANcE.
A AMandamus.
Learning of the illness of Gov. WALKER
a few days ago, Mn. B. prevailed upon US
to visit him, which we took pleasure in
doing, and found him at the residence of
Secretary STANTON. The Governor was
confined to his bed, and was suffering
from severe fever, which had kept him
prostrsted for several days. We had
been seated but a short time when Mr. |
Stanton entered the room with young
man whom he called Mr.. Faunt. The
latter handed the Governor an instru-
ment, ofwhich the following is verba-
tim copy, which we begged the privilege
Of copying =
Territory Of Kansas, 10 Robt. il Walker,
GoueyHor Of Kansas Territory, and Fred
eriek p. Stanton, Secretary Of the same,
GREETING -
Whereas, Samuel j. Jones, VIM. Hall,
Hiram Bledsoe, j. q. Danforth. John T.
Eetor, s. s. Boiling, a. P. Walker, Vim.
S. Wells, J. C. Thompson, Thos. B.
Sykes and q. B. Windsor, have been duly
elected members of the Legislative As
sembly of the Territory of Kansas-to
wit: The above first three named as
members of the Council, the remainder as
members of the House of Representatives
of the said Assembly, apportioned by law
to meet on the LIST Monday of January.
a. ID. 1853, from the counties of johnson
and Douglas of the said Territory, to wit:
on the 9Th and 9th days of October, 1857.
and ought to be commissioned as Council
men, and Representatives by you, never
theless you, not being ignorant of the pre-
mises, but disregarding your duty therein,
have not only refused though thereto re-
quired by the said members elect to grant
them their certificates of election, but vet
you refuse SO to do in contempt Of us, and
10 the great damage of the said members
elect, as by their complaint we have un-
derstood. We, therefore, being willing
that speedy justice should be done in their
behalf do command and enioin YOU
that Immediately after the receipt of
this writ, you do cause the said members
elect to be granted their certificates of
election, and do signify the cause to us
why you cannot or will not grant the GER
tificates as aforesaid, but in your default
complaint should again come to us, and
how you have executed this writ. make
known to us at Lecompton on the Goth
day of October, A. D. 1857, and have YOU
then, there this writ.
Witness my hand and seal this goth
day of October, A. d. 1857.
STERLING G. CAIRO,
Judge I'd Judicial District L. T.
Itwould have done the reader good to
have seen the Governors eye sparkle as he
read that instrument, whicha corrupt and
drunken judiciary thought to make him
deviate from his duty. His remarks, as were
those of Mr.. STANTON, were worthy the
high opinion we have formed of them. It
showed eonclusively that threats, bravado
nor menace could not change either of
these gentlemen hairs breadth from what
they believed to be right.
The writ itselfis everywhere defective.
In the first place it is aperensptory manda-
mus. issued in the first instance, when an
atternotice process was the only instru-
ment admissible. In the second place.
instead of being directed to the Sheriff or
Marshall it is directed to the Governor
and Secretary, and they are ordered to re-
turn the writ and tell how they served it.
1t IS made rcturnable on the day it was is
sued, without giving any reasonable time
fora defence. The writ properly lies from
superior Court to an inferior; but here it
is Issued against an Executive officer and
the Secretary of a Territory whose de-
cision in the premises is supreme.
1t has been held in numberless cases
that the writ will not lie where there is
another specific remedy for the party COM
planning. Such was the decision in the
case of Justices VS.. Munday, 2 Leigh, ,165;
State VS.. Dunn, Minor, 46; State VS.. Hol-
iday, 8 Halst, 205; Commissioners VS..
Lyman, 2 M'Cord. 10; Boyce VS.. Ranel,
2Gow., 444; and many other cases which
tits needless to recite. In this case the
Legislature itself is the ONLY body quail
ned to decide on the qualifications of its
members. Certificates of election are only
pr1asa facse evidence that member is en-
titled to seat. The appeal lies to the
Legislature itself, and there lies the reme-
dy, and they are the only earthly power
which can decide the issue.
Cato was undoubtedly drunk as usual,
when he issued the writ. A friend sug-
gests that this is the legal presumption, as
heis known to be drunk a greater part of
the time. We do hope, for the credit of
the Administration at Washington, and
for the pacifcation of our troubles here,
that President BUCHANAN will remove
thus tool is. j. Jones & Co., from the
judicial bench of Kansas, and appoint an
honest, sober man in his place. .Anmaiao
so be comes from the extreme South. will
De preferable to Cato. Lecompte is a bad
man, corrupt man, but We never heard
of bis adjourning over his Court because
he was too drunk to attend to business.
o. We invite attention to the pro-
cecdings of a public meeting assembled
at Locempton on Monday last to protest
against the action of the Lecompton Con-
stitutional Convention. Similar meetings
should be held from this forth, in every