The Kansas herald of freedom., 1857-08-15

On the morning of the 4th of July, the
chairman made verbal report, in sub
stance as follows:-
1--WE are about to do an act which will
be as sacred as the 4th of July, 1776. We
are about to declare the acts of Goy. Reed
er usurpation. 1t viii be proud event
for Kansas, the expelling of the Free State
delegates from this body. Kansas is a
slave Territory, and it shall never be 9TH
erwise. We have the power in our own
hands, and so long as we live we viii
keep and exert that power. Kansas is
sacred to slavery.
"The Governor has placed In the hands
of your committee large bundle of pa
pers, in relation to what he calls fraudu-
lent elections. The committee have not
opened those papers, and do not intend to.
We resolved before we came here on the
proper course to be pursued, and agree
ably TO that resolution, your committee
report as follows: That all those persons
who claim to have been elected on
the 22d of May as members of this house,
and holding the Governors certificates, are
not entitled to seats; and that those per-
sons who received a majority of the votes
on the Goth of March, are the legal and
proper members of this house,"
This report was afterwards amplifed,
written out and spread upon the House
Journal. Mr.. Houston made minority
report, which was read to the House. The
points were: That Congress passed law,
designating the President and Senate as
the means to appoint Governor, and the
Governor, when thus appointed, became
the organizing power in the Territory, so
that Congress, through the Governor, or
ganized the Territorial government. In
Section 20 of the organic act it declares
that he shall commission all officers in the
Territory. In See. %, of the same act,
the steps to be pursued by the Executive
are distinctly pointed out He is to take
the census, under an election, appoint the
time, place, and the manner of holding
such election. 1t gives him the power to
appoint the judges of the election, and
makes him the sole judge of the returns
when made. The law requires the GER
tifcates to be given to those persons who
have the highest number of legal votes,
and makes him the deciding power.
In Sec. 23, the Governor is specifically
and definitely instructed how to judge of
legal voters. He is to allow white men
81 years of age, and those to be actual
residents; no others are to be regarded as
such. In harmony with these laws and
instructions, the Governor has set aside
certain fraudulent elections, and ordered
others. He has given certificates to GER
tain Free State men elected at the second
election, and declared them members o.
| this house.
From the evidence before the commit
tee, great deficiencies appear in the Marcel
election, not only in the form ofconduct
4 ing them, but in the manner of holdin:
them, both as to the qualifications o
Judges, and the returns made ont b,
them.
In some cases there is no evidence tha
the Judges were sworn, or that they re
garded the common form of procedure il
such cases; and in othercases they actual
II presumed to change the law, by strkin
out the words "actual residents" and 'sle
gal voters" and inserting such words il
their returns as best suited their convent
ence. 1t is also. further evident that ther
were many more votes polled in thes
districts than there are actual resident
belonging to them.
With these facts before them, the mi
nority conclude that the Governor had
right to call new election. And thos
gentlemen who hold certificates, bein
; elected by the actual residents of the Te
; ritory, have clear right to seatssin tn
house.
John Hutchinson, ESQ.,, member frol
; Lawrence, spoke nearly two hours, in
strain of eloquence and logical argumer
rarely surpassed. He reviewed the d
g bates in Congress on the repeal of Il
Missouri Compromise. The power
|, Congress over the Territories-the Kal
|; sas-Nebraska bill-the organization
i, the Territory, under Gov. Reeder-tl
d. frauds and violence of the election
y March-its illegality, and the reasons
!. setting it aside-as well as the justice
the same.
; In conclusion, he said: tits fact a
r mitted by this House, admitted by ever
+ body, that at the March election sever
thousand persons came from borderi
l. State into this Territory, and cast tn
, votes at our polls. They voted, and !
turned. Is that right? Is it in aceol
es anee with the organic act? No! 1t is
u outrage! It falsifies the Kansas bill,
te that claims to guarantee popular SOW
IS eighty. It denies the reality of self-gC
n ernment It laughs at State rights.
" allows one State to invade another.
OF s.Now, sir, this has been done. Ift
it house annuls the last election, and adm
ed those claiming seats to have been elect
IS, at the first election, it approves of tn
as outrages-it executes another act in
a. foul tragedy. Yet, the prime movers
he this invasion say they want the peo
Mt to rule. People, What people
g. people of the Territory, whose right il
it to rule? No! the people of a fore
State.
IT sSi. this whole move is to be est
'rt lished by unlawful acts, by high-hsnt
defiance of law; established upon the
W. stitution of slavery-that is the secret.
at am willing the people of the Territ