The Kansas herald of freedom., 1857-10-31
Froelan.asn-rs the Peopl. Of Kansas.

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sented for or official action. 1t is thatof
pretended returns from three precincts in
MCGEE County, in this Territory, contain
ing an aggregate of more than twelve hun
| dred votes. This County is located in the
extreme southeastern portion of Kansas,
| is constituted from the lands of the Cher
okee Indians which are not yet open TO
presumption or settlement, and is eonse-
quently one Of the NEST sparsely populat-
ed counties of the Territory, containing
less than one hundred qualified voters,
and gssizg last june, but fourteen votes
for Delegates to the Constitutional Conyen-
ton.
Indeed all persons actually conversant
with the number of the population of this
county, treat with derision the large vote
pretended to have been given. Our in
formation also excludes the idea that there
was an incursion of votes from the neigh
boring State of Missouri, whose people do
not seem 20 have interfered with the recent
election. 1t is, then, quite evident that
no such vote as is represented in these pre-
tended returns was given at the late cleo
ton in this county.
1t is not however, on the grounds above
stated that we reject these pretended re-
turns; but feeling confident that no such
vote was given, or even one-tenth part of
it, we are induced, by such considerations,
to give these alleged returns, the most rig
id scrutiny, in order to ascertain whether
they are genuine, legal and valid.
From intrinsic evidence, on the face of
the papers, we are convinced they are not
genuine, but simulated and fictitious
Besides, they present no evidence that
the oath, required by our statutes, was adj
ministered to the clerks or judges of the
election, to secure from each and all of
them the impartial discharge of their
duties according to law"
But in addition to these grounds of de-
cision against the legality and validity of
these pretended returns, there is yet more
conclusive reason which constrains US not
to count them. While the names of the
voters, and of the candidates, all appear
to be entered on the lists, not one of the
offices is mentioned for which the candi-
dates respectively were intended to be.
designated. We cannot determine, there
fore, from the face of these papers, for
what Office any one of the candidates was
supported. The uniformity in this par
ticular of these pretended returns from
three separate and distinct precincts, es-
pecially as the forms are not made up in
the same handwriting, nor, with certain
exceptions which only add force to the
argument,) on the same kind of paper,
renders, with other circumstances conclu-
sive to our minds. the conviction, that they
are, as above stated, fictitious and simulat
ed. 1t is most extraordinary also, that not
a single vote appears to have been given
for any County officers.
In rejecting these papers, we do not so
behind the returns, because no legal or
valid returns are made. Neither in tie
former instance, nor in this, have we
claimed the power to judge of the qualifi-
cations of voters, and to exclude votes
deemed to be illegal. What constitutes a
return, is defined in the Territorial sta
tutes; and to reject paper as spurious or
fictitious, or because, in points OF vital i'm
portanee, it deviates from the acquisitions
of the law, and therefore is not return,
in legal parlance, is>not going behind the
returns, as we have been unjustly charged
with doing.
If these pspers, (like those from the
Oxford precinct would increase, by near
ly twelve hundred, the apparent vote for
the candidates of our party, although the
offices are not named, our obligation is
none the less paramount to reject them as
we now do, as spurious and illegal. An
election secured through our sanction, by
frauds SO monstrous, would be more fatal
to our party than any defeat however dis
asterous. We deem it our duty to state
that according to our information, some, if
not all the candidates, who it was suppos-
ed might claim their election by these
frauds, have refused to accept any advan-
tage under them.
These disreputable attempts to destroy
the elective franchise, and all popular gov
ernment which is based upon it, and to
subject us to the responsibility of reject
ing such papers, or rendering ourselves ac-
completes in the fraud, by giving it our
endorsement and sanction, will meet, We
doubt rot, the serious apprehension of
honest men of all parties in this Terrific
~, and throughout the Union. The in
tense and dangerous excitement, produced
in this Territory by these enormous frauds,
has rendered it imperative upon US, i'll
! this public official manner, 20 make known
our decision in regard to them, believing
that just and impartial course of action
on our part, will serve to restore peace
and harmony to an agitated and distracted
people.
II, instead of relying upon these papers,
themselves as authentic returns, it is sought
to deny that the results are spurious and
! simulated, we cannot doubt that Congress,
upon the question of admitting the Dele
gate, would, by an appropriate committee
of one or both Houses despatched TO this
Territory, and clothed with authority to
send for persons and papers, inquire fully
into these transactions, In order that the
perpetrators of such enormities, and all
| their accompliees and eonfederates may be
! exposed and punished. In the mean time,
we shall cause to be published at an early
day, complete list of the names of these
/ pretended voters, that the people Of this
Territory, and especially of the localities
| in which these frauds were perpetrated,
may visit them with appropriate condem-
nation. As these pretended voters are
alleged to have come in large bodies from
I Missouri, under claim of settlements on
the Indian reservations, and ~ We hayt
ascertained that this allegation is unfound'
ed in fact, we deem it duty to the peo
4 pie of Missouri, In order to prevent unjus
|, prejudice against them in this Territor,
and throughout the Union, with all Il
evileonseaIences, TO give them the means
! by publishing these lists Of fictitious names
to exonorate themselves from such un
Fl founded accusations.
Il. J. WALKER.
) Goues1sor Of Kaasas 1srItory.
FRED. P. STANTON,