The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-21
extreme measures fraud and vilAny and are sustans
by the chief mag istrate OF the nation.

by the chief magistrate OF the nation
LEGIsLATIvE PROCEEDINGS.
Trcm the pondence OF the Leaven worth Tinesf
LEcoMPToN, Dec. Sill A. NJ.
House Of Representatives met. The roll called aad
the following members ans wered To their names
DeDman Brook, Straton Graham, owen, Cooper
speer Dctzcr, Applsnan still Morrill, De Lang, linn.
Seymour lockhart, Curts-lT; no quorum
The Council met at II A. NJ and organized by the eass-
ton OF the following officers =
President, c. W. Babcock; chief clerk Joel r. Goods;
first assistant NJ Cotton sergeont at arms A. Cutler:
door keeper Mr.. Frost; engrossng Clerk d. H. Weir e.
Al four p H., the House re assembled On motion Il
MIR speer the House proceeded to the election pcsna
nent officers. A motion to elect BY ballot wss
Tho names of D. W. Dciz!or and Mr. Bartlett were put v
nomination for President or the q votes cast Mr. DeA
zer received 49, and declared elected unanimously
Mr. d. responded in excellent speech which WAS voa
received by the House. Mr.. f. Corrier, Of Leavea-
worth, elected chief clerk by acclama;on. In the
same manner Mr. Parsons, of Burlington elected as
sisan clerk Mr. Warren was elected sergeant at arms
Mr. Blake elected doorkeeper by Is OF u votes
cast The petition Of G. H. Keller and others contestng
tho of the members for Leavcnworh read bgt
John speer, and referred TO q committee Of i've. :,
The House has done but little to-day. The varoas
standing committees have been announced follows
Elections-Messrs. Speer, Jamison Morrill,, Lockhart
and Jenkins
linn.
Ways Mcans-Mcssrs Barker, De Lang, STILL Owens
and Columbia.
Legislative Expenditures Messrs Appleman, Seymour,
Mitchell and Cooper.
Public Prntlng-Messrs Seymour, Owens, Still, Jon
Engroscd Bs-Mcssrs. Cooper, Curtis Morrill,, Leok-
hart and Brock
En- oiled Blls-Messrs. Curtis Graham Jamison, Co.
IEcoMproS, Dec. 10, 1857.
The House was wholly occupied to-day in considering
the following report of special committee appointed 70
investigate the alleged frauds in Kickapoo precinct,
l0avebworth county
To HONORABLE SPEAKER TnK HoUsK or RE1FR-
sENTATIyEs:-
The special committee to whom was referred tho
mortal Of George II. Keller, H. Miles Moore X. G. Elliott,
o. A. Bassett William Mcclure William Pennock, Patrick
Orr and r. Hatterscheit, claiming seats in this house
representatives from Leavenworh county, respectfully
report that they have given to the contrasting parties
well as the certified members, ample opportunities pre-
sent testimony and that IN said nvesga they have
elected the following facts
First That by the admission of both parties, the re-
turns OF Leavenworth county not receiy the
Office OF the Secretary OF the Territory until about the Isl
November, and that consequently the contestants had
Of complying literally with the requirements Of
statutes, (aws Of 1855, CHI. 68, rs and 81
which require contestng members TO give notice TO
sons having certificates the persons holding
by virtue thereof were completely stopped from any bar
against the rights Of the contestants account Of failure
| 10 certify The committee however do not regard .
strict adherence to the forms prescribed by statute ina
pensable since it is an universally acknowledged prin
cpe that legislative body the sole judge OF election
and qualification of its members, and has full and
elusive power the mode and manner Of administer
| ing them.
fetal notification result the election said
IT, acting upon general acknowledged facts the con-
reach by taking the afidavits OF reputable citizcns
(Which alidavts herewith srbmtted) conclusivey
practised at the polls in the precinct Of Kickapoo
SAID county Of Leavcnworth satisfying your committee
that than five hundred fraudulent votes were added
10 the real vote OF said precinct and given almost cxclu
sively the certified of this House from said county
Third, That the poll books Of said Kickapoo precinct
bear impress Of gross fraud and dishonesty.
The certificate Of the udes Is not only contrary TO the
form prescribed in the Statutes but is inserted ths
back Of the fifth page and cerhes only that the forcge
ing is correct list etc. apparently purposely evadns
the charge of alsifyng the returns by failing to certify
that the nine pages following correct all And,
moreover that portion OF the returns following the sixth
page is, in the opinion Of the comnnee more garingy
From An inyestss,on Of them il appears is That the
for township officers almost wholly wanting; ID
There is almos. psrec. gniiOzny in the vote purporng
the proceeding pages. $50 evidence that about
200 soldiers and eams,ers connected with the troops q
Fort eayenworth voted the democratic ticket against
the memoralts, in violation OF the organic act which
declares that 'no officer, soldier seaman or mapne, or
other persen In the employ OF the United States or at
ached troops other person in the army navy Of
the United States shall be allowed To vote or hold office
BY the rejection Of these votes fraudulent, your
moralsts would be entitled 10 seats in this House, a.
having received majority Of all the legal votes poed
Your committee would therefore report-that Hugh n.
Moore H. b. Dcnman, A. b. Hazard b. ]. johnson, r.
b whesides A. b. bartlett, silas Armstrong and w. s.
Sharp, not entitled TO membership in this House. and
M Mcclure. j. p. Haiterschie o. A. Basset. VIM. Pen.
mock, r. g. Elliott, and Patrick r Orr, be admitted "
in this House, the legally elected members thc<e
| Of from the first district
All OF which Is respectfully submitted,
| JOHN SPEFR,
HARRIS srRATTON,
| CHAS. JENKINS,
| JOHN CURTIS
Mr. Speer, OF the committee, stated that bot
the sitting and contesting members had been notified q
the place Of meeting OF the committee that the
sitting members absolutely refused 10 sesi for any wit
nesses, relying upon their protest against the whole
ceesnss and dong nothing lur.hc. IN the premises
ing the previous question Mr. Curtis, of the comm
tee who signed the report, voted against its adoption.
Tho Ear. hagn artpuf ha
| day, but no final action has yet been taken.
[Trom the Lawrence Republican, Dec. loI
| RF-srBMIssIoS OF THE rEorLEs or TOPEKA CoNsrI.
| TUITION.
has been proposed by some OF the free state party
of kansas that Territorial Legislative Assembly
shall pro, de for The calling OF new constitutional con-
yenton which could re enact substantially the peoples
constitution framed at Topeka and thus place that cons
tuition far above all valid objection on the ground Of fos
| mality.
| This line of policy was urged by free St,te
here previous the grand Delegate Convention OF the 2d
instant but upon thorough consideration the idea
abandoned and the policy Of submitting the peoples
constitution together was unanimously adopted While
the policy Of the people is therefore, settled, may MOI
be amss TO Indicate some OF the reasons which induced
| its unanimous adoption.
| l. The time for calling new Convention, and submit
ting the constitution they should frame the " tho
people, " too limited to influence the action OF Congress
nj It's present session The great and imminent danger %
the free state Is, that Congress may accept az
| the Lecompton constitution.
single ioa Of formaity legality, beyond what
possesses, by being brought forward the work Of
Constitutional Convention assembled under the provisions
Of act Of the Territorial Legislature. All such acts
entirely Illegal Informal and void Such the decision
Of Attorney General Butler in the OF Arkansas, and
such the sentiment of Mr. Buchanan In his speech
| the Senate the admission Of Michigan.
8 This may be the only opportunity that the people a
Kansas will have 10 show by formal evidence thaS
the Topeka constitution their choice. The Territorial
Legislature II legal and valid body and election
held by It's authority would possess all the legal formally
| which any election could have.
our conclusion therefore, and that 70 which the pcople
have arrived II that the constitution framed at Topeka
la ubm al bx thp Tar
n vote OF tho people and Mt early day pos
sible That duty, we, and the people, think devovcs
upon the legislature ts called session There only
valid objection Ia It's being done the session.
and that that certain pledges made, by members
OF tho Legislature and others 10 acting Governor Secre
tary snon TO induce him 10 make the call Good faith
enn -. those nledaas be scrunnlnllsly