The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1858-05-15

not particularly and specially touch THIS
constitution, or the proceedings which led
to this constitution" But suppose there
were frauds in relation to it; is it not
something if | show you that, in regard
to that part of the constitution which was
submitted to the people to be ratified by
them, and was nothing until the people
had ratified it even according to the con-
stitution itself, there was fraud in that
election, and abundance of fraud? !? So
glaring, so impudent, and so fearless had
frauds in elections become there, that upon
that very poll-list, in one of the preeinesE
i q forget whether it was in Oxford, Oh
Shawnee, or that other precinct that emu
lates these in its character for fraud, Kick
apoo, )you find that the President of the
United States, Col. Benton, and the gen.
tleman from New York Mr.. Seward
were there, it seems, or fictitious votes
were put in for them by somebody, and g
long list of persons of that sort, figure or
the poll books at these miserable precincts
as actual voters. That was the vote on
the constitution on Dec. 21st; that was
on the part submitted to the people. They
were the constitution making power there,
and there I show you the fraud.
| What further frauds there were I know
not; but this much is apparent-and la
ter developments show greater frau
still-that in one single precinct, where
there were only thirty or forty votes to be
taken legitimately, there were over twelve
i hundred; and under the investigation
lately made by commissioners in Kansas,
that upon sworn testimony is stated to be
the fact. In one precinct there were
twelve hundred fraudulent and fictitious
votes out of twelve hundred and sixty
seven hundred in another and over six
hundred in another, making in the aggre-
gate twenty-six hundred votes in three
precincts, entirely fraudulent and fictitious,
written out by hundreds on the poll-book
after the election was over, put on without
seruple upon the pollbook, upon the cleo
ton return, put down without scruple du.
ring the election, of those who were quail
fed, and those who were not qualified
| and that is the way this constitution in
part has received its sanction.
HISTORICAL vIEw-THE MAJORITY DE-
TENDED.
But, sir, think that we should take q
very partial view of this subject, one very
unsatisfactory to our judgment, if we were
to isolate these facts which have direct
relation only to the formation of this con-
stitution, and leave out all the surround
ing circumstances. It seems to me that
the proper and the just mode of regarding
this new constitution, is to consider it as
one of a series of acts, and see if we can
find that the whole action and operation
of all those were to lead to one general
purpose-that of maintaining by fraud
and by falsehood the power and the gov.
ernment of the minority, and their Offices
to them against the will of the great ma.
jority of the voters. say it is an act
connected with all other acts. The whole
case is to be taken, and every part of il
judged of, in this connection.
Now, what was the first act that is his
torical? We may all speak of it now,
though we disputed it at the time. The
first Legislature that was elected in Kan
sas under the organic act, was not elected
by people of Kansas. It was elected by
persons who intruded into the polls, In
truded themselves with arms in Their
hands and seized upon the ballot-boxes
put in their own ballots, driving away the
legitimate voters, and elected the mem
bers of the legislature.
i x
| Now, what would be the condition oi
the men who had been installed into power
in this way? They were very glad oi
this. In all the elections to be held after
ward, this power of the minority, however
small, would be continued; as their ene-
mics would not come up to vote, they
would be reelected, and would retain and
i perpetuate their power. So they went on
the field abandoned by the majority,
and the minority ruling everything in this
way. Isak. at the evidences that are be-
fore you p these high officers lately re-
turned from Kansas, Stanton and Walker.
They tell you of frauds regularly perpe
trated there, and; although they had
thought before that the people were acting
factiously, that they were acting rebell-
iously in attempting to withdraw them
selves from this government altogether
and act for themselves, and that their
complaints of fraud and imposition upon
them in elections were rather affected for
the purpose of giving color to their con-
duct than otherwise, yet when they went
among the people and heard them, and
learned all about the dealings that had
been practiced, they could not doubt their
truth and sincerity in the resentment
which they felt and in the conduct which
they pursued.
/ However unwise, it was sincere on their
part. They had been defrauded they
had wrongs enough to sting and humiliate
them. This is what these officers say
I know nothing about it; we know no.
thing about it, except from the testimony.
That these persons were capable of COM
mitting fraud, we know. They began in
fraud. Has any gentleman here denied,
is there any gentleman who discredits the
history which we all have of the frauds
practiced in the first election that was held
in Kansas However we might doubt
this, however we might have disagreed,
however we might have believed or dis
believed heretofore, has not every mist
and doubt been cleared away from and
around this fact, and is there one herenov
to say that the right of election was not
trodden down in the first election for Q
territorial legislature in Kansas, and that
minority government was not elected ?
i. Thatthey have continued that government
| by fraud since, is shown at every step Of
their progress.
WORD ABOUT THE CONDUCT or THE PEo-
PIE OF KANSAS.
| do not undertake to defend this peo-
] pie for their conduct. It is not my part
nor my poyincs. Ishould agree. perhaps,
| with the President that much of their
conduct had been of disputable, disor-
j derly and ssditious character. It may Be
that it deserves the epithet Of rebellion .
which the President applies to it i have
nothing to do with that I am not their
advocate. 1 have disapproyed of thar