The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1857-11-14
Memorial,
To the Senate and House Of Representatives,
IN ConGress ASSEMBLED:

County, Territory OF Kansas, would re-
specially submit the following preamble
and resolutions, adopted unanimously by
mass Convention Of the citizens of our
County, held at Hyatt, Sept. 10, 1857.
Whereas. the example of our forefath-
ers has taught Us to resist every attempt
which may be made to disfranchise US as
citizens. And, whereas, the districting
and apportionment for members of the
Territorial Legislature of Kansas, shows
an unquestionable determination to de-
prive us of our rights as citizens, in that
it provides no representation in either
branch of the Legislature in sixteen coun-
ties, containing nearly half the popula-
ton OF the Territory, thus placing US in
the position of the patriots of the revolu-
ton. who were taxed and refused repre-
sentation. And. whereas, the course pur-
sued by the Constitutional Convention at
its session at Lecompton last week in re-
gard to the members elected to represent
this county in that Convention indicates
that we are not to be allowed represen-
tation in that body, or voice in regard to
Its actions
Therefore, ReSolued, That we the citi-
zens of Anderson County approve of the
course pursued by the two delegates from
our county, in their demand for the re-
turn of their certificates from the Consti-
tutional Convention, and that We protest
against the acts of said Convention, which
We consider to be denial of our rights
to be represented, and illegal on the
ground that this and other counties are not
represented.
Your petitioners would also present the
following which was unanimously adopted
by Convention of Delegates represent
ing nineteen counties OF the Territory of
Kansas, held at the Sac and Fox Agency
III said Territory. Whereas the appOr-
tionment law of the Territorial Govern
men: of Kansas is unjust and unequal as
it nearly DISTINGUISHES one half the pOpu-
lation in the Territory of Kansas, giving
to nineteen counties only three Represen-
tatives; and, whereas, we the Delegates
of the nineteen counties feel that we have
rights equal to our population, and are
therefore entitled to full representation;
therefore, resolved, that we in behalf of
our constituents protest against the une-
quail representation awarded to u.s.
Your petitioners would respectfully
represent that the law of the Legislature
of Kansas-"To provide for the taking of
the census. and the election of Delegates
to a Convention required Section l,
''That it shall be the duty of the Sheriffs
of the several counties in Kansas Terri
tory; and they are hereby required be-
tween the first day of March, and the
first day of April, 1857, to make an emu
meration of all free male inhabitants, cit
liens OF the United States, over twenty
one years of age, and all other white per-
sons actually residing within their respec-
tive countless
Section provides, that in case of any
vacancy in the Office of Sheriff, the duties
imposed upon such Sheriff by the act
shall devolve upon and be performed by
the Judge of the Probate Court of the
county in which such vacancy may exist,
and it further provides that in case the
Office of both Sheriff and Probate Judge
shall be or become vacant, the Governor
shall appoint some competent resident of
such county to perform such duty.
Section provides, that 1.-The Sheriff.
Judge of Probate, or person appointed by
the Governor shall file in the Office of the
Probate Judge, full list of the legal vo-
ters in the county previous to the 10th
day of April, 1857"
Section provides, that at shall be
the duty of the Governor and Secretary
of the Territory so soon as the census
shall be completed and returns made to
| proceed TO an apportionment Of the mem
berS for Convention among the different
counties and election districts of the Ter
ritory"
/ And your petitioners would most re-
spectiully represent that there was no
Sheriff in the county from the time of
the passage of the census Act until the
10th day of April last, the time specified
! by the law for making the return; and
that there was Judge of the Probate
Court, but from some cause this officer
made no effort 10 take he census, and that
after the expiration of the time prescribed
by law in the absence of the Judge of the
Court of Probate, John Mcdaniel took the
census and returned the same to the FIX
ecutive'S Office. See report of the Com
mittee of Convention.
Your petitioners would further repre-
sent that in violation of the law which
provided that the apportionment should
be made by the Governor and Secretary
of the Territory, $50 SOON AS THE CENSUS
SHALL BE COMPLETED AND THE RETURNS
MADE" That the apportionment was
made preUious and that this, the County OF
Anderson, and other counties of Kansas
Territory, have, thereby, been excluded
from representation in said Convention.
Your petitioners would further repre-
sent, that by extra-official authority from
Gov. Walker to the Judge of Anderson
county after the apportionment for Dele
gates was made, and election was held,
and Dr. Fitzpatrick aud j. Y. Campbell
were elected to represent orr county in
said Convention. and it will appear from
the facts admitted in both of the reports
OF the Committee of that Convention that
ne, the people of Anderson county, are in
no way, responsible for the failure of be-
ing represented in the Convention under
our conformity to the Kansas statutes.
Your petitioners would further repre-
sent that the Convention assembled, at
Lecompton to frame State Constitution
is not a Convention of the representatives
of the people of Kansas, in that the repre-
Esentatives of this county have not been
allowed seat in said Convention, and al
SO by an illegal apportionment, other coun-
ties have been entirely DISTINGUISHED
Your petitioners would, therefore, most
respectfully protest against the adoption
of any Constitution, or act, by Congress
which may be framed or enacted by said
Convention. And your petitioners would
humbly pray the Congress of the United
States, to reject the acts of said Conven-
ton, and to adopt such laws and measures
as they may deem advisable, in order that
every bona fte citizen, and every county
in the Territory of Kansas, may have a