Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1857-11-13
Kansas Intelligence.

We have the Herald Of Freedom down
to Oct. 25th. That paper speaks Of Gov.
Walker as suffering under fewer which
had kept him postrated a number of days,
and that at the last advices the Governor
was still quite ill at the residence of Sccre-
tary Stanton, about two miles east Of Lc-
compton. The editor attributes this sick
ness to fatigue and excitement Of the last
few weeks, which have been too great for
the Governors age and feeble constitution.
The citizens Of Lawrence to the number
Of one hundred extended an invitation to
Walker and Stanton TO make Lawrence
their home. In answer to this invitation,
Governor and Secretary say that even men
aces against them have been made on ac-
count of their rejection of the Oxford re-
turns, still their official duty requires their
presence at Lccompton and no hazard Of
personal consequences would deter them
from remaining at that post, After thank
ing the citizens of Lawrence for their ten
dered hospitality, and for their appreciation
of the course Of the Governor and Secreta-
ry in throwing out the Oxford returns, those
officials conclude their letter thus
| ",
has been determination, far within power tC
enable the Of Kansas in the true meaning OF the
policy we shall continue steadfasy adhere Influenced
by these considerations have rejected the spurious
Illegal returns from Mcfee county as well as from Oxford
Accept gentlemen most sincere of tho respect
| full consideration OF your fellow-cizens.
r. WALKER.
| FRED. p. STANTON.
The editor of the Herald was present
when the mandamus issued by Judge Cato
was first handed to Gov. Walker, who was,
at the time, sick in bed. 1t was brought
in by man named Faunt. Tho editor
says:
Itwoud have done the reader good 10 have the Gov
enors eye sparkle he read that instrument which
rupt and drunken judiciary tho to make him deviate from
his duty. His remarks, those of Mr.. Stanton,
worthy the high opinion have formed of them tshow
ed conclusiyely that threats bravado, cou
not change either these hairs breadth
what they believed to be right.
The editor then goes into an argumen
upon the case, and as it is taken up lawyer
like, we presume he gives the views of Gov
Walker himself, and therefore they are o
interest.
He argues that the writ is defective upol
its face, being a peremptory mandamus
whereas it should have been, in the first in
stance, an alternative process; secondly, j
should have been issued to the Sheriff 0
) Marshal, instead of to the Governor anC
Secretary; thirdly, it is made roturnable o'
the day issued without giving REASONABLE
time for defence; fourthly, tho writ onl
could lie from a Superior Court TO an inft
riour, whereas this issue against an Execu
: tive officer and Secretary Of tho Terrific
: ry, whose decision in the premises is 81
i preme; filthy, tho writ cannot lie wher
Q there is another specific remedy for the pa
Q ty complaining, on which point various Ii
t gal decisions are quoted; and sixthly, ian
3 this is tho great principle upon which, n
r doubt, Governor Walker stands); tn fundt
mental principle is stated thus.
In this the Legislature itself is the body qua
fled to the qualifications of its members Certificates
election only prima facie evidence that member
entitled to seat The appeal lies to the Legislature
SELF and there lies the remedy, and they the
l. laor bIv, birI,c nm dacida fha iseua