The Kansas herald of freedom., 1857-05-16

WouId De an act OF gross usurpatlon,
not less Objectionable in its character
and effects, than the fraudulent inter-
ference which you attribute to the
people of Missouri. l must therefore
say to you, in the most explicit Ian
guage, that can do nothing which
denies the authority and validity of
the laws enacted within this Territory.
Congress alone has power to abrogate
them.
/ have no authority over the Pro-
bate Judges. It is not my province
to advise them in relation to the per-
formance of their judicial functions.
Yet it will not be improper for me to
say that it would be very judicious
and becoming in them to obtain every
possible information from respectable
men of both parties, in order to enable
them to correct the list of voters. If
such impartial men of their own will,
and within tbs time limited by law,
could take new census and present
it to the Probate Judges with suffi-
cient proof of its fairness and accura-
cy, / think the Probate Judges would
be bound to adopt it and return it to
the Governor as the true list legally
corrected. / should be sorry to see
any Probate Judge in the Territory
refuse to receive the sworn testimony
of two respectable men, differing in
politics, as to any matter within their
knowledge connected with the resi-
dence of citizens and their qualifica
tions as voters l do not believe such
a wrong can possibly have occurred,
and therefore say, that if you had
been desirous of obtaining a correct
list of voters for the coming election,
you had it in your power to accom-
plish that object in perfect conformity
with the law.
1t is not my purpose to reply to
your statement of facts. / cannot do
so from any personal knowledge ena
bling me either to admit or deny
them. l may say, however, that l
have heard statements quite as authen
tic as your own, and in some instan-
ces from membeas of your own party,
to the effect that your political friends
have very generally, indeed, almost
universally, refused to participate in
the pending proceedingr for register
ing the names of the legal voters. In
some instances they have given ficti-
tious names, and in numerous others
they have refused to give any names
at all. You cannot deny that your
party has heretofore resolved not to
take part in the registration and it
appears to me that, without indulging
ungenerous suspicious of the integrity
of officers, you might well attribute
any errors and omissions of the sher-
iffs to the existence of this we'll known
and controlling fact. l forbear to say
anything of the unreasonableness of
your requirement that we shall set
aside the law in order to accomplish
what you have refused to do in obedi-
ence to its provisions. But l will be
most happy to learn that you, gentle
men, and your party friends generally,
have been at work in earnest with
view to enable the Probate Judges to
present true and perfect list of the
legal voters of the Territory. You
have had power to correct the lists if
you have failed to do it the fault will
be your own.
In reference to your proposition to
appoint four judges of election at
every place of voting, I have to say
that the law very wisely authorizes
only three. The Governor has moth
ing to do with their appointment. 1t
is not in my power therefore to adopt
your suggestions in this particular. If
l had any authority in the matter, l
would in every instance appoint as
judges of election, one Republican of
your party, one National Democrat in
favor of Free State, and one National
Democrat in favor of slave State.
This would be quite as fair and impair
tial mode of proceeding as ever is,
or indeed can be adopted by political
parties in any country. l most sim
cerely hope the Probate Judges may
adopt this suggestion, or any other
which may better avail to secure a
perfectly fair and independent express
sion of the popular will.
l have the honor to be,
Very respectfully,
Your obd't serv't,
FRED. p. STANTON.
To DR.. g. Robinson, VIM. Hutch
inson, Ed. Clark, Eph. Mute, Esqs.,
and others, Lawrence, *. L.