The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-01

for western mixed, and reported at 75c while
about two out OF order sold at re Pork was more
active with sales Of mess at $40 25 Sugars continued
firm with moderate sales a, full prices Coffee was steady
and quiet freights were stiff at previous quotations To
Liverpool 80 900 40 900 bushels grain were taken in
bulk and ships bags At 3d. with -four at IS Cd and
cheese at 27s To London oil cake taken at sos per
ton, and -four at 2 Cd Havre-Coon and bone were a,
PC. Rice and pot ashes at 80, and pearl do s..
The Kansas Squabble Again Reorganization
vernon Walker Before the Cabinet.
From several reliable sources of information
at Washington we are informed that the action
of Governor Walker, of Kansas, in reference to
the late outrageous election fraud of the Ok
ford precinct of johnson county, in said Terri
tory, does not meet the approval of the Cabi-
net but that, on the contrary his course in the
premises is condemned at headquarters as a
violation of his instructions. and as stretch of
his executive authority. Accordingly we are
advised that q special Cabinet Council will be
held upon this business tomorrow, and that the
result probably will be reprimand of Gov
ernor Walker and Secretary Stanton, or disap-
prevail OF their course, equivalent to hint to
resign.
The proclamation of Governor Walker and
Secretary Stanton, giving their reasons for
casting out the fraudulent return from Oxford
precinct, is before us. They say, in this pro-
clamation, that by the Z" SD section of the
organic act establishing this Territorial govern
ment, il is provided in reference to the election
of delegate to Congress- that the person
having the greatest number of votes shall be
declared by the Governor to be duly elected,
and certificate thereof shall be given accord
ingly;'" and that "by the 10th section Of the act
of the Territorial Legislature of Kansas, en-
titled an act to regulate elections, il is made
the duty of the Secretary to examine the re-
turns in the presence of the Governor. and to
give to the persons having the highest number
of votes in their respective districts certificates
Of their election to the Legislative Assembly"
This is the law upon which they rest their
authority. And they say
Under these provisions Of the laws prevailing
this Territory the recent general election has presented
for the joint consideration Of the Governor and Secretary
a question OF the gravcsi importance not only to
people, but also TO those uf the whole Union This
question upon the extraordinary made from
the precinct Of oxford in the county of johnson What
purorts he the Of the election held that pre-
enc, ON the 9Th and 9th instant have been received py
the Secretary containing sixteen hundred and twenty
eight OF pretended voters, nearly half the
number gwen in the whole representative district The
yogtdw by the fact that The political character Of the Leqs
la,c Assembly I b. controlled BY the addition Of three
Cnciipet aud eight representatives., 10 the strength Of
party the oher according 10 the adoption rejection qf
the rturr,s in questioa.
The Governor and Secretary then produce
the conclusive evidence upon which they are
convinced that the aforesaid reported sixteen
hundred and twenty-eight votes from the said
oxford precinct care beyond all doubt simu-
lated and fictitious. and hence they were re-
iected a. invalid. Fictitious and simulated and
defective in form and substance" Thus both
branches of the Territorial Legislature were
thrown into the possession of the free State
party.
This II the substance Of Governor Walkers
side Of the question at issue. On the other side,
the proceedings, which we publish In another
part Of this paper, Of democratic pro-slavery
meeting held in Lecompton on the 10th of DC
tober. present the law in the case in a widely
different shape from the law of the Governors
proclamation. These Lecompton democrats.
however, do not attempt to deny the Oxford
fraud but denounce the conduct Of the Gov
ernor in the matter a usurpation of power
which belonged exclusively, as the Judge Of its
own elections, to the Legislative Assembly. The
resolutions of the Lecompton meeting, IL will
be seen indicate fearful state Of excitement
In the Kansas pro-slavery camp against Governor
Walker, and IAN abiding confidence" that the
President and his Cabinet twill not countcnance
or sustain the late action Of the Governor In
his unjustiiable assumption Of power, his dis
regard Of law, and his violation Of positive in
structions received from them"
These are the two sides of the case; and be-
fore we can venture upon any decided judgment
between them, we must await the law and the
testimony from the Cabinet. According 10 the
test Of conscientious sense Of Justice, honesty
and morality, Gov. Walker is doubtless right;
but II his lawful authority to give to the per-
sons having the highest number Of votes in their
respective districts certificates Of their election
TO the Legislative Assembly" does not embrace
the power TO reject a fraudulent return like that
OF the Oxford precinct, then he has transcribed
his executive authority over the matter; for he
i bound to give the persons having the great
est number Of votes, bonn fde or fictitious, and
whether from Oxford, ST. Louis, Quebec, or
from the New York City Directory their GER
tifcates Of election
We know that Mr.. Buchanan Kansas policv
has been and is to adh~e faithfully IN tho law
and to give no just cause Of offence. in the adj.
ministration Of the law, TO either party. We had
supposed however, that from Tie high rcputation