New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-16

rne, dated Oct %, 1857 frJm the judge ssossss,s .
curing them TO chow caass Why WIT Of mad 49,.
,hot ID nc, be f,a.d npsn the pss,'os Of s.ns.I J.
Jobh T. Ector l. 6. Bolirs, A. p. Wslker, WAiSns'
Ntns, j G. Thompson, Tbomas d. sykes ADD w p
Winsor, clsmir to have bsen elected nsmbsss al
legislative senbly Of the Territory OF Kss,.
Territory, to wit: On the 9Th and 9th days Of Osto
1857, and that they ought 10 be conmissi,seS 49,
thu fret three TO the Coupcu and the other, - ~
House Of Representatives, Of said Assembly. soos,ss
by sw to meet on the inst Monday in January, X-D
The urdersigped consider Il their duty In A..
place 10 protect against the juredic,ion OF IL ~.
Judge invoked in tEis case, and TO denus . a. -
eeeore for the following reasons:
Ftr,t: Becaa ss, by the Constitution ard Law. "a.
United STATS and Of this Territory they ave ,os -
;scf in the disohaTge of the duties Of tasr rs..se
otice, TO the corto supervision and dr.eaoa ~ Nv.
SAID Judge BY way Of the wit Of maldaua.. 'H'
Second: Becsuse, under me laws Of Congress end
Of ibis Territory il IL made their duty, ssa NJ a -
,sid Judge to cast up the votes given 70 The ossx
date for the offices AFORESAID, which 10 bs - l.
the Secretary, in the presence OF the Cover
WheIeupop. having sscertained, from ths ressyS
found b them TO &c genuine legal and valid aadss t.
proysiors Of law, the persons WHO nave received IL
tiebest number Of votes II Is made the eriy Of ~.
Secretary 10 give certificates OF elecicn secuSnsIv
The official duty thus imposed upon the ustsssxsd
jryo, irg liked questiors Of law and feet rqzlss y,
them the exercise OF Judgment and disofstsa, ~
not ministerial sct IN aoy sense whateyer.
TJ,rd, Over the exercise Of the judgment Of a.
nj designed 10 the preni es, involving coenovutna
apestons flaw and fact, the sad Judge hes ~ 60
troll BY way Of msndsmus or otherwise, and asn =
70 law authorizing him to direct them IN the disehs
Of their SAID duute.
Supreme Court oftoe United Sta;estb St no state Css
nor be District or Circpit Count Of the un!,ed S,e
Ie1cept that Of the District of Columhial. has u
ROVER TO issue 8 mahdanus to lncicial efhccs ED
80 regards said count for the District OF toammA "
poye is confined 70 the control Of purely ma,xsnzl
acts involving no controversy as 10 law or fact a3
remit ling no exercise o. Judgment or cLscre.Uu.
RIA. Because ect Of Congress, or Of this fsni
tory. Authorizes said Judge to issue mAntanu b
any Federal oilicer in any case Whatsoever nor ooa1
apy Territorial law col Ter such power.
Stxtb: Because it is well settled by che SupremA
Court of the United States ard by other jndsciA ~
bur als fist writ OF mandsnus can be Issued only
where there il 10 other remedy or where there is ns
authority vested else TO control officer sought
10 be directed BY mandsmus, or To correct his error
Where Is in this case, II II be true as stated (which d
denied that the parties parned In this rule or order
have been elected TO the eices 10 said wrn asss,al
10 b.m re- spectvely viz: 70 the Council and 70 u
House Ct REPRESENTATIVES Of the Legislative Assembly
of this Territory these two bodies being the jadys
the last resort OF the qualifications and Gle coa " tdeh
own menbers, have each respectively the power p
correct any alleged errors made by NE unoetsisned
ard 10 admit said person 10 the offices AFORESAID which
remedy is oom pleis, final and efiectusl.
SffeaM Because IL the rule OF order AFORESAID taeee
is a fa al misjoinoer both IS to 9th ,es and panetts
office of Councilman being distinct and ffefeh nso
that of a member Of said House OF Representative
ar the respective rights of each member u both s
bodies berg separate ana Independent, and moapass
of join6er in the same proceeding.
Esghth. Because no precedent can be found, 70 u
or any other county, where Judge has exercised "
nj ociriro the election of meflbafa al
Legislative Assembly; aud thst the assumptoa ~
ufurI s,ion Of such authority would be subvensivsd
the rights and liberties Of the people, and woud snahh
the Judiciary TO absorb ard concentrate in itssf q
powers legislative, executive ard JUG icisl.
N,atl: Because The act Of giving certificates Of sse
ton 10 the persons named IL the order aforessd vosd
directly st ct important lights OF other pesoss eAi-
irg as We believe justly, to have been duly elected
t. the sale Offices which said persons rot made
parties 70 this proceeding and hive had no neiss
thereof.
Ienft. Because prior to the date Of the rule %
order aforesaid of the I'D October 1857 ne undss.
ngned had duly cast up the votes given At hs sleoios
aid hello at the time aforesaid r the couat;se
of DopgAs AID johnson as Aforesaid, and fniisg b.
the genuine vslid atd legal returns thereof hall.
man Allen, Carni w. Babcock and Edwin & ksskv
had the ajority for the Council, ana john epset,
George W. D,itzler. Oliver Barbour, Hiram Appk-
no W and John Lockhart, the majority Of votes fr
mel bers Of the House Of Representatives Of ths
Legislative Assembly aforesaid certificates Of elscos
were, before the cate Of said rule or order ssusd u
due form of law to the ssid persons respectively ioe
the tces afore said which 6cates are athcr
possession and BE- ycnd the power Of the undersgas4
10 recall. II therefore impossible for the unsn4tec
10 issue certificates to the Other parties named IN ~
said rule or order.
Elerensh Because while the undersigned esssA
doubt that the honorable Judge will decline to erss.
cse tie jurisdiction claimed in this case, they fee
their duty to say most respectfully, that they would
regard udgme 0t in this case directing them 70 Issue
certificates 4 election an usufpaton CT power sn
therefore nudity, which under their oan Oh ounce
wcuid be their duty TO disregard.
Yet, with view TO prevent dangerous eonnacs
between the judicial ard executive power, and 70 o.
able the Supreme Court Of the Territory, or - ces
resoit, the Supreme Cont of the United Ss.s:s, ~
corIect any II the Judge in this case, jadg
ment sbould be rendered against them on this Tus
order, they prsy an appeal to the Supreme Court n
the Territory, having been decided by the 6uprsas
Court Of the United States that judgment on msS
oanus preststs case in which an appeal lice from 4
inferior to the proper appellate tribunal. :.
The undersigned beg leave further 10 state, thst
tie said Judge shOuld command them to issrs sertd-
cates Of election aforesaid, and should deem Is his
duty 10 subject them to Imprisonment for disebcyng
bis order, as hey wOuld DO compelled to do by toeF
convict Of Its usurpa'on and utter nuy, And ss-
the certificates before the date Of said rule %
order bad already been issued 10 other persons soess
their desire 10 maintain the peace OF this 1efneL
that the viii submit. Individually to such impnns
nent; ana If any tumult should bo apprehesdcd y
said Judge In consequence Of the monstroas ifssss
which have been perpetrated upon the elective hsn.
cbise In the recent election the Governor VIII dssc
the regular troops Of the United StAtee, nov hero -,
subject TO his order 10 act as %, &c eogstafss 90
Of The Sheriff or Marshal who msy be directed by seas
Judge to execute said mandate Of impr's0nment
RI WALKER, Governor OF Ksasss Tsrtt'sr
FKID. P. STATION, Secretary.
By telegraph -