The Washington union., 1858-02-17
Loans za,abi.e.s-
LETTER TO SENATOR POLK ON THE KANSAS
Ql ESIION
wEErour, NO. } February 5, lsss.


QUESTION
WnxroHr Mo } February s. 1855
DKAE sR ! address you as ono my State reg,re-
srnt4tiyes ia cftaal than private capacity
and thus therefore, may be considered inirnsion
my part, not having personal acquaintance with your
self reier soe however. 70 MAYOR Phelps and Cod
Woo<ison, who know and nav position
Having done the credit to ia defrtce Of As-
souri, and the principles which T. with yoa
and your constituents profess statement my
the ts oi which aatested by gentlemen OF eminent
standing in return, now do you the Justice 10 enclose
for your disposal ot the main iActs
forth in thai and the take the
liberty Of defending myself and my position, fog which
your indulgence If eTAs-d
Mr stewart in reply To you said that my testimony
invalid because better Lane both OF
having gone the Territory .4ior mischief and
good In this eossntry To compare General
Lame Is insslt BAR Mr. Stewart may be excused for
ignorance of that He however might expected
10 know better than he the character OF that
who leads the party he volunteers defend and with
whom he IS 50 unjust as 10 compare Whether Gen
Lame went to Kansas not for the alleged.
not able to but certain he remains there for
mischief and good But / deny that to have been
my purpose have not lived ia Kansas than
year, bur went there IN the first place pioneer 10
make home and erect maine 1 could not live there
In peace and the enjSynent pf peculiar property
and for these two took up my residence where
one person and property are respected Whatever
have done Ia Kansas ia reference 10 IT, done ia
with being wl&t Laa is ssrious matter bold the
office Of postmaster this place and the charge
true the head Of my department would he Justified ia my
immediate removal and should expect it, Mr. Stewart
VIII wherein he has done personal iAustice and
ia what he
But there ia of fact between US In the
ent before referred to- it is said Ii he awl also pro
vided in where there sheriff he would
not act then the probate judge should and there
officer at all to perform the duties specified then the
people might petition the to appoint some
to carry out the law.
The following is part Of the last clause Of section
second Of the CENSUS law And the egaee @ bah
saerF and probate Judge ang eoay shall " becoc
county the governor xhaa Ygod eaaa reada II
such coaoi'y % perform Sach duty
Mr. Stewart said there not a single word ia the
law that authorized the governor 10 act at all " The
law quoted shows that right and the senator
wrong II there no officer act the governor
authorized to appoint one and the people knowing
the office TO be vacant, might petition the executive
80 I'LL it. The question is submitted with confidence that
right and Mr. Stewart wrong ior that the law
authorized the governor act the senator to the
contrary notwithstanding.
BY reference 10 Judge Wilson statement YOU
viii that Esquire YocuIn vacated the office Cd probate
Judge in franklin county account OF threats against
his life and the loss OF property that the legislature
appointed Judge and other officers, who dared serve
because to do would be at the peril of their lives
aud ii is plain that the county Offices being vacant and
the people ot Franklin county had been aggreved
by sach vacancy, they could have petoned the
and who doubts that he would have done it, Secretary
Stanton and Governor Walker who profess great a
spect for the will o the people would scarcely have
fused to exercise power clearly delegated to the
ecutivc
In reference the delegation from Anderson county
Mr. said they rejected because fhe officers
whose duty il the law refused to do il "
Referring again 10 Judge Wilson's testimony yon viii
that Mr. Stewart s wrong In the first place Judge
Wilson prevented from executing the law and after
wards when those who had the power Of violence pre-
vent him. determined TO vote under Ee law, he did all
he could by the advice OF Gov Walker he
but il Illegal, and the convention had right
fuse those who Illegally elected Yet they
did exercise that right and the senator erred again
in declaring that ay delegates rejected for anp
have every assurance and the report Of the
select committee referred to in the affidavit c Judge Nc
Kown and Col Danfort, proves that the Chains Of the
delegates from Anderson fayorahly considered and
they had persverd ia their claims and been rejected
would have been for the sole that feared
such would inyaldate the convention bea,lse
the body fun under the apportenment consisting Of
sixty members, in accordance with the organic act
BY his after action, when permitted Judge Wilson
showed his willingness .to execute the law and that
he did not In the first place trefuse do il as Mr.
Stewart would have the Senate believe In relntion to
the so-called s'sranchised counties would call your
attention the TACT tat ten n them for ca purposes wsre
aochel sy chaeh the dssorggzers not
permit aSg b. ale and that st Of ea snAcSiy
assqh1sed
Mr. Stewart base his confidence the state
meut OF Messrs. Walker and Stanton much upon the
ground that they were sworn officers of the government
Be pleased to remind him that '.sworn officer of
the government - and although Kansas official
my residence the border for several years and long
intimacy with Kansas afarsnuch longer than that Of
the governor and secretary enable To know much
about those affairs they could learn by short resi-
dence few months during which they clothed
with little brief authority. Your servant,
H CLAY PATE.
Hon r. PaLK, Washington City, d, C,