The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-25


trembled violently The returns, before noticed were
The Uptsd States Marshal for the Territory Mr. Dennis
came down from Iecomptqn ON the night OF tho 18th
yesterday he was joined by Deputy United States Mar
shall, Capt Walker, with a writ Of habeas corpus for
says made oSt for hls advantage and hst he re-
fused and asked not 70 have served preferrng
an examination and be thus cleared. The free State
say tnat acting Governor Gen Denver, forbid the Mar
sha' and Deputy Marshal from serving II, which believe
was the TACT; but was In accordance with Ny Hender
writ Of attachment for Gen. Calhoun was sued GU.
before Justice Miller of this place. yesterday and
lfcomp'on, 70 compel him to attend here witness
against Mr Henderson. Upon the attachment being
served Judge Cato, Of Lecompton immediately issued,
upon amdavit, . habeas corpus FOR the release OF
John Calhoun, and he accordingly released Thus
you will the tricks Of the New York bar being
played 70 considerable extent Kansas The free state
men say they cannot release Mr. Henderson, for the
Delaware frauds would then be admitted and they would
thus lose the control Of the State government under the
Leoompton constitution; SO they Win hold him prisoner,
al east for time, II they can with or without law me
men Of ths place say any person attempt 70
take Mr. Henderson from them by force, there will be
trouble.
The affidavit upon which the haSsas corpus for ths
release Of General Calhoun issued ignored entirely
the present Territorial legislature, called bogus is
laws Of effect declared that Justice Miller had legs
right 20 issue attachment and he had he must reside
as Lecompon 70 erjoy Il, for the laws make provision
for the establish en of Justices cour. here, sc
General Denver says he thinks Mr. Calhoun VIII DO down
here this morning. ready make any affidavit required
by law the report is, however that United States
troops left yesterday afternoon eaven
worth, Mr.. Calhoun though. bes, TO go with them We
will probably know today which way, any ne has
travelled. Parties interested desire Nv Calhoun tell
them whett er he bad the power not 20 60 behind the
returns made TO him; that u.s. whether they could
test their seats before him whether they do
before the Legislature He inclined the opinion that
the Legs ature the proper decide upon
regularity and correctness of returns after having beard
the dinerep, claimants taken evidence the
but upon being urged 10 allow the candidates contest
the election before him. he said he would consider
subject and if he thought power 70 20 behind
m.
or persons 70 contest the election before him
Mr. Henderson occupied good quarters at the johnson
dimensions, ready TO defend himself if necessary.
The fooeka state Legislature held grand caucus yes
terday The lower house of this body consists OF 60
eers the upper House of 90 Is OK its representatives
also members OF the Territorial LEGISLATURE but Of TIE 80
caucus there were only rs present. being less than
clrd.
They seemed TO be yn pitaole plight; they did no,
know what 10 do; they had nothing 70 do, and yet
thought Of retiring TO private life exceedingly dis
agreeable to them Ne they might have quorum here,
but they would continue the farce Of legsatng without
one, with To so home and take care of their
claims, If they worth any like common mortas was
updsned for them they must take care of the dear
people, the people had chosen them, and they
choose 20 egalze the peoples action ny illegally passing
laws 70 maintain, or rather to aemp. TO maintain, State
government which their constituencies never intended
should be maintained at such time and under such
cumstances II they should adjourn, who would take
care OF the "dear peopler' No Tnen won't ad-
journ said they for the dear people, be
Of how The question which appears trouble these
conscrp fathers most is whether the mach loved people
will love them enough IN return 20 their board and
ahns here with sundry other little bills there where
the shoe pnches Some of the conservative of this
fact body seeing that they could do here
quietly returned 10 their homes, the result of which is
that the honorable body the elected legislators Of the
State of Kansas have dwindled down very undgnaed
numbers. They might be appropriately called the Rump
Legislature. They thought they ought TO do some
thing 70 better her condition. SO a resolution
branch OF their then united body 70 order the
Sergeant at Arms to call all absen,ees conduct
them 70 the chamber "a Shch the honorable body might
then be in legislative session and that way they might
Their number a day least approxm l.
OF this organization who wish 70 take a, least recess
virtually ruled out Of COED andrg the party Tnus
factions are in factions suodlvded 1t greatly re.
GREETED IN the that the free State party had
the Legislature under the Lecompton Constitution. They
feared their party would be wiling let that Legislature
go changing the constitution and Kansas free
state instead Of rayng around the bood stained banner
Of the Topeka constitution such would greatly
dsra from their isni,y, place and power oevery pos
sbie effort should be made 10 prevent H. They would
appeal 10 their constituents The people would
them in sustaining the Topeka constitutional govern nent
constitution and the like of that After grave deibera
ton upon the resolution, II unanimously adopted by
The honorable body then Adjourned TIL o'clock this
evening.
The following report yesterday made by the spe.
cal committee appointed by the House Of Representative
Of the Territorial legislature " consider the resolutions
cent to that body by the Topeka State Legislature
The special committee 10 whom referred the memo
rial IN the form OF resolutions passed oy
General Assembly Of the state Ct Kansas and presented
the Legislative Assembly, have had the same under
consider alton and beg leave 70 make the following
port-In view OF the probable admission OF Kansas into
tue Union as state under constitution which has not
iecsed by large majority q all the poled at an
election held ubder the ACT passed by this body
recent session, providing for the SUBMISSION Of the
70 fair vote OF ell the people IS deemed important
that toe STATE organized under oousd-
ton framed at Topeka should be maintained for any
emergency mat may arise They would also recommend
that the General Assembly Of the Kansas rass
such laws Of general nature may be necessary 10 the
operation Of that government, TO be enforced
shall be ascerined thai Congress has forced upon us
the constitution ramed AZ Ieoomp.on, ara that have
been defrsuted Of our rights under n They would fur
Their recommend that, both legislstve bodies are the
representatives Of the same people, Of action
between hsm so far ~ l. practicable sboad be arrived
a., and that harmony and mutual confidence should be
cultivated. AL or which % respectfully submitted.
9. ELLIOTT,
JOHN SPEER
s. COOPER
III MILES MOORE
The report was laid on The table u Monday the 18th,
enable the minority OF the mise a. prepare re-
port which will probably be against ackno rledgng the
Topeka state Legislature ~ n Legislature at all.
bill providing for COO sistutonal convention
passed 70 the reading il TO lower House y.-ter
day The bill proposes TO make app1rtoume upon
nearly the same bass an that upon when the rsrr,ors
Legislature made; The coaventOn consist of sixty
members the elocivn of said members pace on
the srst Of March the convention - meet by the middle
0f that month the constitution g. be framed submitted
people adopted by them ready TO be sent 10
washinrton by the FIRST % MAJ TIE biil will pass hoh
houses tie sikh' moan .aIons an' snendmenis Az at
tempt VII be made N have a new census taken. upon
which 70 make the sppDraOBment members the only
objection urged against IS want OF lime.
meeting held IN Of the chrrch-a q Lawrence
last evening; as~emblage ~ Topeka men. Iara
there and made speech. Tie tok the grOund that
the free state pary had tie Ls stature and state
ofcee under the ieoomp'on constutoo. the members
shoud take their but ough, leave that
government nuy aud rally around the " blood stained
banner Of Toreka" There are greai many .flar.
reLce Who with the Topeka leg sa,grs support or rather
led lane into this opinion for he always follows the
desired by the majority Of the people where he
then mag be, rather follows the track marked by
the louoest taking faction without waiting 20 " toe
majority that side. He takes a
stand against the rabble on nything; he the
n0utbpece OF the rabbe, and Ives and for them.
Win them alone be popular politically; By n alone
s he supported politically, though many good
servative men Ike 10 him tool wnen any dirty
JOB j. " be done-ehen army u militia has " be sent
70 arrest poor judge, against VIII there s just
plant The fact That lane has been proving around the
Territory al the fail With army, and only raie ose
ur tsoner-poOr old Justice Cauule ,xh,uo evervhotv