The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1858-04-16


legally elected, is not in my judgment, sus-
tanned by the facts, and is without support in
law. have never yet heard il asserted, here or
else where, that these delegates had not several
" received majority of all the legal votes poll
ed at the delegate election. Ii such is the fact,
have not seen the proof It is SAID, however,
and perhaps truly said, that these delegates re-
ceived great many fraudulent votes What
effect would this have on their right to seats ia
the conventionl If they received a majority
OF all legal votes polled, were they not legally
elected {? What is the inquiry before com
mittee appointed to ascertain the right of
| member of Congress to his seat Certainly it
| Is not whether he has received fraudulent votes,
but whether he has received a majority OF all
the legal votes poiled. II he has, he is deciar-
ed elected. / know of no difference in an cleo
tion of a member of Congress anda delegate to
a convention which would render the election
OF one void and not that ofthe other. II all
the Offices were to be vacated now in our Union
by those filing them, who have received illegal
votes, there would be scarcely a corpora's guard
of officers 10 all the land. / do not wish TO bp
! understood as approving the frauds committed
IN Kansas. hate frauds at elections, and hearth
ly despise the man who can commit them. But
we must not be led TO the other extreme, and
pronounce all elections void because some ille-
gal votes may be polled by bad men. This
would destroy our Government itself, and leave
us without law and all our rights insecure.
II is further urged as an argument against the
Lecompton convention, that large number OF
the qualified citizens of Kansas refused TO vote
at the election Of delegates, because they appre-
hended violence on the part Of the pro-sIavery
men, and that they would be outvoted by fraud
ulent votes; and that even if they did poll
majority OF votes, fraudulent returns would
have been made 10 defeat them. Would this
plea answer in court of Justice il the question
OF the election of an officer was being inquired
into before it! Certainly not. The mere ap-
prehension OF violence or fraud could not be al
legged bei ore judicial tribunal so as TO render
void an election. fl is the same here. We
can not inquire into the apprehension of citizens
of fraud or violence to inyaldate an election.
Governor Walker, when speaking of the act
calling the convention, and entreating The citi-
zens of Kansas 10 vote at the election of dele
gates, was right when he said;
''I in this act calling the convention no inpro-
per or unconstitutional restrictions upon the right OF
suffrage. ! see in il no test-oath, rather similar
provisions objected 10 in relation previous laws but
learly repealed repugnant 10 the provisions OF
this eonyeniion Fit is sad that fair ana fnIl vote vii
not be taken. Who can safely predict such result
Nor is 1t Just for majority, they alege, TO throw
the power into the hands OF minority from 8 mere
apprehension Il trust entirely uniounded) that they
viii not be permitted to exercise the right suffrage
II, by fraud violence, majority should not be per-
mIted TO vote. there is remedy, il is hoped in the
wisdom aud justice OF the convention itself, acting
under the obligations of an oath, and proper re-
sponsibility TO the tribunal of public opinion
These people who refuse vote for this rea-
son were badly instructed, and should nave
dlso5eyed their leaders, gone 70 the polls, offer
ed 10 vote, at least and if they had been turn
ed away by violence, Or defeated by fraudulent !
votes or returns, the convention would not have
dared TO sanction the outrage. BY staying away
from the polls they gave the right 10 those who
did vote to secure majority of the delegates
TO The convention, and that, TOO, in accor-I
dance with all the rules Of Law in such cases.
have already quoted what Governor Walk
er said to the people Of Kansas on this point,
and agree with him that "those who abstain
from the exercise of the right Of suffrage author
ize those who do vote 10 act for them in that
contingency" If this rule was not to be OBJ
served, all free governments would soon be at
an end.
But, sir, it is doubted by some eminent states
men, as well as lawyers, whether we have
any right to inquire into the right Of member
Of the Lecompton convention 10 his seat. They
say, and [ agree with them, that such body IS
the sole judge OF the qualifications of its own
members; and that if fraud was committed in
the election of one or more ofthe delegates, the
convention alone could inquire into it. This is
certainly the law with regard to members Of
Congress, and Of all the legislative bodies in the
Union. Is ii not the same with regard to the
election OF delegates to territorial convention
think | have shown that the delegates to the
Lecompton convention were legally elected
and If they were, and once took their seats,
it Will not be denied that they had the right TO
frame a constitution for the people Of Kansas.
That the Lecompton constitution is legal
instrument cannot, in my Judgment, be success
fully denied. All parties in Kansas have, by
their acts, admitted it TO be legal. The pro-
slavery party admit it now, and ask for the adj
mission of the State into the Union under it. ,
The free State party has recognised ii as bind
ing instrument, not only by voting the I
4th of January last to nullify it, but also by {
voting for the officers provided for in it. 1.-THE {
constitution was then rendered void, the officers
elected on that day are without authority, and {
ifthev attempt TO exercise any authority, the i
people will be at liberty to disregard all they do.
II this be true, the people OF Kansas are without {
a government. Is there any gentleman here !
bold enough TO take this position
II is said, however, that if the consttu- G
ton framed at Lecompton was even legally
framed it was made void by the vote of the peo- I
pie on the 4th of January. Is this correct = {
will any gentleman argue that the same act Z
that called the government OF Kansas into ex- |
is.ence made void the constitution under which Z
that goyernment was called into being How q