The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-17

be imposed on the justices OF the pt ace Ahu coa-SS
school trustees shall be elected and take charge OF
the same. Every precaution ought to be taken -
preserve these lands from deoreciation, and APPLY
them to the very laudable purposes Tor which eheS
were intended.
/ would call your attention to the necessity Of de-
vising means 10 build up a Territorial library Al the
seat Of government, VIII Oh should be placed anaer
the control OF the Secretary, who il the proper GUS
todian Of the books and archives. BY requiring
every person 10 whom a commission may be issued
| to pay a small fee to the library fund, q considerable
sum may be realized every year, and IL would not
be long until you would have Q library OF great
value.
These are some of the chief objects to which,
desire TO call your attention ut this time, and it will
afford me pleasure at all times to cooperate with
You in the enactment Of all just and proper laws
within the sphere of the powers conferred by the Or
ganlc act. That act is to the Territory what Q con-
stitution is to an organized State. Its sIthultyi Is pa.
ramount and cannot be transacted by us. The
powers it ccnfers are specific and must not be disre-
garded. II Is in fact the chart by which we must
shape our course. So long. therefore, rs we shall
limit our official action to its provisOns-listen to
wise counses-ayoid hasty legislation, pursue such.a
course as will give security to the lives. liberty and
property Of the people-lay aside personal aniInosities
for the public good, and hold the Territorial officer.
to strict accountability for the faithful execution OF
the laws, We can have nothing to fear. 1t may be in
your power to restore tranquility and insure pros
perity to the Territory, or you may establish a reign
of terror which will be disastrous TO all the best in
terests of the people, who have entrusted you with
| legislative authority. Such is the condition of affairs
in the Territory at this time Shall reason or pas
sion prevaili j. w. DENVER,
Secretary and Acting Governor.
Executive Office, Leconpton, 4. T., Jan 4, 1858.
The Election on the Fourth OF anus.
TREMENDOUS F~RAUDs-LIrTLE OXFORD PoIHs SER
VICE AGAIN-FRsE STATE TICKET PROBABLY De
FEATED-ELEcTIoN BROKEN UP IN LINN COUNTY
ADJOURNMENT OF THE TOPEKA LEGISLATURE TO
LAwRENCE-GOvERNOR ROBINsONs MESSAGE.
Correspondence OF the Cincinnati Gazette
LAWRENCE, KANSAS, Jan. z, 1853.
The Territorial Legislature met at %Lecompton on
Tuesday, and adjourned Immediately to meet here at
noon tomorrow. In the interim the members of it
who belong to the Topeka Legislature also have
gone mp to Topeka to participate in the organization
of that body.
The returns thus far received from the election of
Monday are so vague that any estimates based upon
them must necessarily be somewhat loose. In this
town, though there were upwards OF seven hundred
votes given against the constitution, there were only
about two hundred polled for State officers. At
Topeka, and many other interior points, the free
State men refused 10 vote for State officers.
The pro-slavery men seem not to have recognized
the election upon the constitution. Very few Of
them voted at all under it: hence the result will
show a majority of from 5000 to 10000 against the
constitution.
Though there were troops stationed at most of the
voting precincts in the Territory, the frauds which
have already come to light eclipse altogether those
of the October election.
At kickanoo more than 900 votes were pOled-
between 600 and 700 of them fraudulent.
The Captain of the dragons stationed there re-
fused to obey the Deputy United States Marshal,
though he had explicit orders to do so from General
Harvey.
At Delaware City a majority of nearly 300 pro-
slavery votes was given. The judges received the
ballots through q small aperture in the window;
and whenever a free State vote was handed to them
they would drop a pro-slavery vote into the ballot
box! This trick was not discovered until nearly
! night. One OF the judges fed Immediately to Mis-
souri,: the other il now under arrest. The kickapoo
inHnAG y aIaa .rra-fa1 fha fR.f hatRr nt.r1An
that they permitted many who were not citizens TO
vote, and some of them to vote two or three times.
At Oxford there were many Missourians voting.
Over / 800 votes were poled-at least l 200 Of them
bogus. The free State men, who attempted to chal-
lenge these, were ordered away, and pistols were
drawn upon them. According 70 the statements Of
the Marshal, the troops there also refused To obey
his orders; but a. Harney's orders to the Captains
OF the Dragons in each instance were TO follow the
directions of the Marshals, the story seems very
doubtful. We shall have more light on that sub
ject soon.
At the Delaware crossing Of the Kansas river a
new precinct very convenient to Westport had been
established by Calhoun. Probably not a dozen men
in the county U6ayenworth) knew OF it. There are
just twelve white settlers and a few Wyandott In
disns in the precinct; yet 500 votes were given,
nearly all pro-lavery. A gentleman from Texas,
who was there Just before dark, tells me that he was
invited To vote, and was assured that by changing
some articles OF his dres. each time, he could vote as
many times az he wished! The notcli ous Jack
Henderson, of Leavenworth, was on the ground
through the whole day.
Unless these and other frauds are thrown out by
Calhoun in counting the votes. il il almost certain
that the free State party j. defeated, both in the Le-
gislature and the State ticket.
Great excitement prevails. The Probate Judge of
johnson county. who signed the fraudulent returns
in October, Is now here under arrest, awaiting his
trial.
THE TOPEKA LEGISLATURE.
Organized on Wednesday by electing DIR. ]. p.
Root. of wyandott. President Of the Senate. and
Harris Stratton. Of Douiphan, Speaker of the House.
Asaph Allen and l.. n. Tappan were elected Clerks
Of the former branch. and ;. r. Tappan and c. 5.
Pratt OF the latter.
After receiving the Governors message the Legis-
lature adjourned 10 meet in Lawrence to-day. So we
shall now have both the Territorial and the Topeka
Legislature here, for the present.
GOV. RoBrNsoS's MESSAGE
lisa document of considerable length;-It common
ces thus;-
The Convention which framed the constitution At Topeka
orig mated with the people Of Kansas Territory. They
have adopted aud ratified the same twice by adrect vote,
and also Indirectly through tao elections Of STATE officers
and members Of the state legislature. Yet II mas pleased
the administration to regard the whole proceedings ~
revolutionary and reasonable. Ths constitution, In the
main, y in accordance with the views Of a large majority
OF the people Of Kansas. ri- prevented from becoming
the active law Of the land because OF an earnest desire on
The nart of the people ~ AVOID collision with tho federal
authorities while there Is a pro-pec,. that they can In any
other way Obtain peacefully their natural. organic and
constitutional rights. We have had numerous promises
and pledges that our just rights should be speedily secured
" VI, but every pledge and promise has been broken.
"rorrLAR SOVEREIGNTY" IN KANSAS.
The message next alludes 10 the solemn and en-
platic pledges of the organic act. that the people
shall be allowed 10 form their own institutions in
their own way; and 10 the promise of President
Buchanan that ''the instrument Ito lie framed at
LecomrtoD) must he submitted TO the popular vote.
Gov. Robinson goes on 90 show how persistently
and systematically all these promises have been VIC
lated.
THE TERRITORIAL GOVERNORS.
To illustrate the policy carried out by the admins
tration the message "truts out the long and mdan-
chuly procession uf Territorial GovcmorS:-
Hon. A. ~. Recder was the first Governor cent to
Kansas. aud. according ~ high authority, for the
purpose of making the Territory a slave State. But
Goth III March, ls55, was too much for him TO exc
cute upon the people, and he was removed.
Next came the reign a teryDr under Gov. Shan
non. but he sickcned ut the sacking, burning and
butchcr1nc of HIS militia. and he Was removed.
Aaxt narna L.r o.. .A--au-l II aL-l--ul