The Kansas herald of freedom., 1857-10-24
Psoel.u.aon-ro the People Of Kansas.
LEooMrToN, K. T., Oct. 10, 1857

it 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 a certificate thereof shall be
given accordingly"
BY the 18th Section of the act of the
Territorial Legislature of Kansas entitled
''an act to regulate elections" it is made
the duty of the Secretary to examine the
returns in the presence of the Governor,
and to "give to the person having the
highest number of votes in their respect
i've districts, certificates of their election
to the Legislative Assembly"
Under these two provisions of the laws
prevailing in this Territory, the recent
general election has presented for the joint
consideration Of the Governor and Secre
tary, a question of the grayest importance.
not only to our own people, but also to
those of the whole Union. This question
arises upon the extraordinary returns made
from the precinct of Oxford in the county
of johnson. What purport to be the re-
turns of the election held at that precinct
On the 5th and 9th inst, have been re-
ceived by the Secretary, containing sixteen
hundred and twenty-eight names of pre-
tended voters, or nearly one-half the num-
Der given in the whole Representative
District. The disposition to be made of
this supposed vote is rendered all impor-
tant by the fact, that the political charac-
ter of the Legislative Assembly will be
controlled b. the addition of three Coun-
cilmen and eight Representatives to the
strength of one party or the other, accord
ing to the adoption or rejection of the re-
turns IN question.
In point of fact, it is well known, that
even the whole County of johnson, COM
prising, as it does, part Of All Indian re-.
serve, which, upon examination of the law,
we find is notyet subject to settlement or
pre-emption, can give no such vote as that
which is represented 70 have been polled
at this inconsiderable precinct of Oxford.
But while this unofficial knowledge, well
established and universal as it may be,
could not become the ground of decision
and action upon election returns, in them
selves regular and Authentic, the legiti-
mate effect OF an apparent enormity, such
as that In question, would necessarily be
to induce close examination of the pa
per presented, and to require for its accep-
tance a perfect compliance with all the
essential provisions Of the law. Such an
examination of this document, conscien-
tiOusly and impartially made, has brought
Us to the conclusion that the returns from
oxford precinct in johnson County must
BE- wholly rejected for the following rea-
sons
1st- 1t does not appear on the face of
the document presented to us, or in any
other manner, that the Judges of Elee-
ton took the oath imperatively required
by the statute, to secure the impartial
discharge of their duties according to
law"
End. It does not appear that the paper
presented to US was one of the two origi-
nal poll-books kept at the election, as re-
quired by law: but, on the contrary, it does
appear, from unmistakeable internal evi-
dence, that the paper is either a copy of
some other document, or has been made
for the occasion, and is not the genuine
record of the votes taken at the election.
The law requires one of the poll-books
to be returned to the Secretary, the other
to be deposited with the Clerk of the
Board of Commissioners of the proper
County.
Sd. AS the vote of each elector was to
be recorded for each one of twenty-five
candidates, and in more than hundred
cases, for, twenty-five and that by uua
g0ce vote, it was physical impossibility
that the number of votes pretended to
have been taken on the second day, being
more than fifteen hundred, with the name
of the voter written, and each of twenty
two candidates properly designated, could
have been taken and recorded within the
time prescribed by law.
4th. 1t is an extraordinary fact, tending
to throw dislrust upon the whole proceed.
ing, that of the sixteen hundred and
twenty light votes, only one is given tc
the Delegate elect to Congress; and only
one hundred and twenty-four are recorded
as having been cast for the local candidate.
of the township.
Influenced by these considerations, anC
impressed with the grave responsibility
resting upon us in regard to the fairness
the election, and its freedom from all franc
susceptible of detection and prevention
within the scope Of our duties, we deemed
it essential to truth and justice that W,
should ascertain every fact calculated t.
refute or confirm the conclusion derived
from the face of the papers. Accordingly
we went to the precinct of Oxford, (whicl
is a village with six houses, includin!
stores, and without tavern,l and ascer
tanned from the citizens of that vicinity
and especially those of the handsome adj
iaeent village of New Santa Fe in Mis-
sour, separated only by street and con
tanning about twenty houses,) that alto
gether not more than one-tenth the mum
Der of persons represented to have voted
were present on the two days of the cleo
tion, much the smaller number, not ex
ceeding thirty or forty, being present OF
the last day, when more than fifteen hun
dred votes are represented as having beer
given. The people of Oxford, as well a.
those of the neighboring village of SAINT:
Fe, were astounded at the magnitude o
the return; and all persons of all parties
in both places, treated the whole affair Will
derision or indignation, not having heart
the alleged result until several days aftel
it had occurred.
Inthe course of our journey to and from
Oxford, we passed over much the largel
part of the County of johnson, and we
became thoroughly satisfied that there i:
no population in the whole county from
which more than one-third the vote of thai
single precinct could have been given
We learned that some very few persons
having cabins on the Reserve in johnson
County, and claiming residence therein,
though generally absent, had voted al
some of the precincts in that county; but
we are convinced that but a very incon.
siderable number, not reaching, we be-
ieve, one hundred of Missourians or 9th
er persons having no admitted right to
vote, did claim or attemptto exercise that
right, any where within the county. The
people of Missouri cannot be justly charg-
edwithany interference inthe late election,
AZ 4