Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1857-11-07
BRATTLEBORO, VT: NOV. 7, 1857.


ed at the magnitude of the return; and all per-
sons of all parties, in both places, treated the
whole affair with dersion or Indignation not hav-
ing heard the alleged result until several days
after ii had occurred.
In the course Of our journey to and from Ok
ford, we passed over much the larger part Of the
county Of Johnson, and we became thoroughly
satisfied that there is population in the whole
country from which more than one-thiid the vote
of that single precinct could have been given
We learned that some very few pcrsonss having
cabins on the Reserve in johnson county, and
claiming a residence therein, though generally
absent, had voted at some of the precinls in that
county but we are convinced that but very
lnconsiderable number, not reaching, we believe.
one hundred Missourians or other persons hav-
ing no admitted right TO vote, did claim or at
tempt to exercise that right, anywhere within
that county. The people of Missouri cannot be
justly charged with any interference in the late
election, nor are they in any degree complicat-
ed with the evidently fradulent returns, made
from the precinct of Oxford These returns,
beyond all doubt, are simulated and fictitious.
Under hese circumstances, we do no, feel en-
barrassed by any technical difficulty, as to our
right to 20 behind the returns. We hold the re-
turns themselves to be defective in form and in
substances, and therefore inadmissabe. We 90
behind them and inquire into the facts, only for
the purpose of ascertaning whether by these
valid objections 10 the mere returns, our rejection
Of them will have the effect of defeating The will
Of the people, sought to be fairly expressed at the
polls In the event Of such consequences, we
might hesltaL, to reject a vote upon any defect
oi form. however essential in law Bui in the
present case, we feel ourselves bound to adhere
to the very letter of the law 10 order to defeat
a gross and palpable fraud. The consideration
that our own party, by this decision, will lose
the majority in the legislative assembly, does not
make our duty in the premises less solemn and
imperative. The elective franchise would be
utterly valueless, and free government itself would
receive deadly blow, if so great an outrage IS
this could shielded under the cover of mere forms
and technicalities- We cannot consent, in any
manner, TO give the sanction of our respective
official positions to snch transaction. Nor can
can we feel justified to relieve ourselves of the
proper responsibility II our offices, in case where
there is no valid return, by submitting the qucs-
ton TO the legislative assembly, and in that very
act, giving the parties that might claim 10 be cho-
sen by this spurious vote, the power to decide
upon their own election.
In view of the condition of affairs in Kansas
for several years past of the efforts so long made
10 put in operation here a revolutionary govern
ment, and of the fact that this effort was sus-
pended under the belief that the political diff
cuties OF this territory might at length be fairly
adjusted at the polls if that adjustment should
now be defeated and the people deprived Of their
righiful power under the laws of Congress, by
fictitious returns Of votes never given, it is our
solemn conviction, that the pacifcation of Kan
sas, through the exercise of the elective franchise
would become impractcable, and that civil war
would immediately be recommended in this ter
riiory. extending, we fear, to adjacent states and
subjecting the government of the Union to i'm
minent peril.
Because, therefore, the paper now under ex-
animation is not one of the original poll books,
by law required to be returned, and from the ab-
sence OF the oath prescribed by the territorial
statutes for the judges of election, the returns
ueng tuus clearf9 Infdnu ana as we oelleve he
titious and simulated, we have under the crcum-
stances no alternative but to reject the whole re-
turn from the Oxford precinct, and to give the
certificates to those who appear TO have been
elected by virtue of the other regular returns.
r. j. WALKER,
Governor of Kansas Territory.
FRED. z. STANTON,
Secretary.