The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1857-11-07

manner that the judges of election took the
oath mperatiyely required by the statute, to
secure the impartial discharge OF their du-
ties according to law"
I'd. 1t does not appear that the paper pre-
sented to us was one OF the two original poll
books kept at the election as required by
the law but OH the contrary, it does appear,
from unmistak cable internal evidence, that
the paper is either copy of some other doc
ument, or has been made up for the occasion,
and is not the genuine record of the votes Ia
ken at the election. The law requires one
Of the pol-books to be returned to the Sec
rotary, the other to be deposited with the
Clerk of the Board of Commissioners OF the
proper county.
Sd. As the vote of each elector was to be
recorded for each one of twenty-five candi-
dates, and in more than hundred cases. for
twenty-five, and that by vipG coce vote, 1t
was a physical impossibility that the number
of votes pretended to have been taken on the
second day, being more than fifteen hundred,
with the name of the voter written, and each
of twenty two candidates properly designated,
could have been taken aud recorded within
the time prescribed by law.
4tb. 1t is an extraordinary fact, tending to
that of the sixteen hundred and twenty eight
votes, only one is given to the delegate elect
to Congress; and only one hundred and twen-
ty-four are recorded as having been cast Tor
the local candidates of the township.
Influenced by these considerations, and
impressed with the grave responsibility rest
ing upon US in regard to the fairness OF the
election, and its freedom from all fraud sus-
ccptiblc of detection and prevention within
the scope Of our duties, we deemed 1t essen
tial to truth and Justice that we should as
certain every fact calculated to relnte or
confirm the conclusions derived from the
face of the papers. Accordingly we went 10
the precinct of Oxford, (Which Is a village
with six houses, including stores, and with
out tavern, and ascertained from the cltl-
zens of that vicinity, and especially those OF
the handsome adjacent village OF New santa
Fe in Missouri, separated only by street,
and containing abont twenty houses,) that
altogether not more than one tenth the num-
Der of persons represented to have vOted,
were present on the two days OF the election,
much the smaller number, not exceeding thlr-
ty or forty being present on the last DAY,
when more than fifteen hundred are repre-
sented as having been given. The people OF
Oxford, as we'll as those Of the neighboring
village of Santa Fee, were astounded at the
magnitude of the returns; and all persons OF
all parties, treated the whole affair with de-
rsion or indignation, not having heard the
alleged result until several days after 1t had
occurred.
In the course of our Journey to and from
Oxford we passed over much the larger part
of the county of johnson, and we became
thoroughly satisfied that there is no popula-
ton in the whole county from which more
than one third the vote of that single precinct
could have been given. We learned that
some very few persons, having claims on the
reserve in johnson county, and claiming
residence therein, though generally absent,
had voted at some of the precincts IN that
county; but we are convinced that no lncCn-
siderable number not reaching, we believe,
one hundred Missourians or other persons,
having no admitted right to vote, did claim
or attempt to exercise that right, anywhere,
within that county. The people of Missouri
cannot be Justly charged with any interior
ence in the late election, nor are they IN any
degree complicated with the evidently fraud
ulent returns made from the precinct OF OX-
ford. Those returns, beyond all doubt, are
simulated and fictitious. Under these cir
cumstances we do not feel embarrassed by any
technical difficulty as to our right to go be-
hind the returns. We hold the returns them
selves to be defective in form and substance
and therefore inalmissable. We go behind
them and enquire into the facts only tor the
purpose of asccrtaining whether by these
vail objections to the mere returns orr re
| lection of them will have the effect OF defeat
ing the will of the people, sought to be fairly
expressed at the polls. In the event ofsuch
consequences, we might hesitate to re)ect
vote upon any defect of form, however essen
tial in law. But in the present case, we leei
ourselves bound to adhere to the very letter
Of the law, in order to defeat a gross ana PAL
pablo fraud. The consideration mat our own
partv by this decision will lose the majority
in the Legislative Assembly, does not make
our duty in the premises less solemn and I'M
nerativc The elective franchise would be
utterly valueless. and free government itself
would receive a deadly blow, il SO great an
outrage as this could be Shielded under the
cover of mere forms and technicalities. We
rannot consent many manner to give sanction
# our respective official positions to such a
rams actions. Nor can we feel justified to re-
lieve ourselves of the proper responsibility of
office, in case where there is no valid re-
turn, by submitting the case to the Lcgsla-
tive Assembly, and in that very act, giving
the parties that might claim to be chosen by
this spurious vote, the power to decide on
their own elections.
In view of the condition of affairs in Kan
sas for several years past, OF the efforts so
long made to put in operation here a revolu-
tionary government, and of the fact that this
effort was suspended under the belief that
the political difficulties of this Territory
might at length be fairly adjusted at the
polls if that adjustment should now be de-
fcated and the people deprived of their right
full power under the laws of Congress, by fic-
titious returns never given, it is our solemn
conviction, that the pacficatiOn of Kansas.
through the exercise of tie elective franchise
would become impractcable, and that civil
war would Immediately be recommended in
this Territory, extending, we fear, to adjacent
States and subjecti-g the government of the
Union to imminent peril.
Because, therefore, the paper now under
examination is not one of the original poll
books by law required to be returned, and
from the absence of the oath prescribed by
the Territorial statutes for the judges of cleo
ton. the returns being rh S clearly invalid
and as we believe fictitious and simulated.
we have under the circumstances no alterna-
tive but to reject the whole return from the
Oxford precinct, and to give the certificates
to those who appear to have been elected by
virtue Of the other regular returns.
RI WALKER,
Gouernor of Kansas Terrioru
FRED. T. STANTON, Secretary.
This proclamation produced the most in
tense excitement among the extreme pro-sla-
very men at Lecompton. All sorts of ven
geance is threatened against the Governor
and Secretary. The former is quite i'll. He
sent Yesterday to Lawrence for DR.. Swift, of
the Uni ed States army, to visit him. Ex-
cessive labor and fatiguc with the excitement