The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1859-11-12
From the Nebraska Republican.
ELECTION FRAUDS IN NEBRASRA-DAI-.
49,. ~ o-rSr

LY's PROTEST. o..
Since the election, the Democracy have
E been fully aware that the return OF ~
votes from Kearney and Buffalo is a whole.
sale swindle, and that it will be thrown out
They therefore saw the necessity of maxim
no vote that would leave Estabrook O
minority after setting aside the 292 votes
from Kearney and Buffalo. These thrown
out, and he has the nicely lad usted majority
of eight votes over Daily.
Now for the way it hus been done: There
is return of 81 votes for Estabrook and
for Dallyspurporting to come from lSdrd
county We take occasion to tell ouI
readers at once, that this return is an eattrt
fabrication. There is not a human being
! Ijyi 9 within the boundaries Of the un0r-
eanized county of lizard. The farthermost
settlements in that direction are West Point
and De Witt in Cunning county. These, il
is well known, were broken up by the lndi.
ans last summer. The south-e east corner
of lizard county bounds on the north-wes
corner of Dodge county. The late expedi-
ton captured the Pawnee Indians little
west of lizard county.
DA1LY's PROTEST.
The undersigned, SAMUEL G. DAILY, re-
specially represents
That ut the election, held in the said
Territory, he was one of the persons voted
for as Delegate to the Seth Congress of the
United States; and, although, rs he is in
formed, according to the returns of votes
cast at the said election, transmitted to his
Excellency, the Governor, EXPERIENCE
EsrABRooK, Esquire, the candidate for Dele
gate nominated in opposition to the under
signed, appears to have received the highest
number or votes yet, that, for the reasons
hereinafter stated, he, the undersigned, be-
leves, and therefore insists, that he is emit
tied to receive the certificate of his Excel
lency, the Governor, as such Delegate.
Elections for Delegate in the Territory,
Except as to the time of holding them, arr
regulated exclusively by the act entitled
"Elections," approved January Goth, 1856
I[p. 491 and the act amendatory thereof,
approved February 18th, 1857 Up. 1877.
These laws were designed to secure IL full,
fair, and genuine expression Of the popular
will, in tn choice Of public servants, and,
to that end, to guard against fraud and
imposition; and no rotes, not giren, certified
and returned in accordance Nth these ld,cs,
can be receired and least up in the final
cQnrdSS.
Conceding that, under the existing state
OF the law, the hnal canvassers ought not
to receive evidence of frauds perpetrated
BY individual voters, or of frauds or errors
committed by the judges of election, at
lautully constituted polls Of election, it
must, ut least, appear, prind .tdrie, before
the votes specified in an ''abstrac," trans
United to the Governor can be lawfully
allowed, that such rote arere, or might hare
been, lawfully cast and certified. If, for
example, an abstract Of votes given in one
Of the counties of the Territory Of Kansas
should be transmitted by the clerk of such
county to the Governor Of this Territory, it
would, of course, De treated by the can
yassers as altogether nusatory and so, an
abstract Of votes cast in an unorganized
county of this Territory, though transmitted
by person styling himself clerk Of such
county, would, for the same reason, be
equally nugatory. The organization Of a
county by the due election Of county officers,
is matter of law and public notoriety, and
the final canvassers are to be pres umed to
know, because they are bound to know in
order to be enabled to perform their duty,
what counties in the Territory have been so
organized, and because they are, hy law,
forbidden to count votes coming from ANY
other.
But the undersigned has been informed
that, among the abstracts. of votes trans
mIIled to his ExceIIency, the Governor,
there is one purportlng to come from the
clerk Of Buffalo county. whereby it is made
10 appear that no less than two hundred
and nInety.two votes were there cast for
Mr.. Estabrook, and not one for the under
slgued. Buffalo county was declared such
by an act defining its limits, approved March
ii: 1859 Up. 34U] But 1t has never been
organized rs Il county, no election for coun-
ty officers ever having been held therein !;
and it Is, accordingly, not enumerated
among the counties IN the act passed last
Year p. PSI 40 apportlon the members
of the House of Representatives.
Had the small number of its inhabitGnts
desired its organization, there is sim lie
and easy process provided by u general
law of the Territory entitled IAN act in
relation to new countess, approved March
10th, 1875, p. 222], by which their desire
might have been gra,ifed at any time, but
Of which they have not yet seen tit to avail
themselves; their number being, it may be
presumed, in their opinion, too incons'dera-
bic to require seqk organization, or to war
rant the expenses to which it would sub. lect
them.
The undersigned has, however, been in
formed that, some time during the last
summer, county officers for the county of
Buffalo were appointed by bis Exce!eney,
the Governor. ii his Excellency was not
by law empowered to make these appoint
Iuents, they were, of course, lnvnid, and no
lawful election could be held 10 the county,
for the want of proper persons to conduct
it. No places could be designated for hold
ing the polls the persons SO appointed
commissioners could not give the required
notices nor appoint the Judges of election,
nor could the persons appointed judges, act
AS such; the person so appointed CLERK of
the county was not authorized TO receive
the returns of the judges of election, nor
could he certify the votes given, to his
Excel lency, the Governor. In short, the
whole proceeding must have been Irregular,
baseless and void.
The undersigned has faithfully seacrh"d
the organic act and the statutes Of the
Territory, in vain, for any law comforting
on the Governor of this Territory even the
semblance Of such power Of appointment,
and 10, therefore. constrained to believe
that, in assuming this power, his E1cslency
must have acted under some ILLUSION. The
undersigned, accordingly, insists that the
abstract of votes purportlng to DE certified
BY the clerk Of Bufa,o county, must. una
voidably, be altogether rejected.
The objection already stated to the Buff
falo county abstract being, in the opinlor
of the undersigned, of itself, perfectly con
elusive, it is not strictly necessary for hin
to adduee any other. But he deems il
proper, nevertheless, to show that, to re-
ceive and count these votes, would be ne
less unjust and immoral, than it would bt
illegal.
Within the bounds of Buffalo county two
> pretended polls of election were opened
At these polls fifty-four ballots were taker
or counted. The remainder of the above
mentioned two hundred and ninety-twe
votes, viz: two hundred and thirty -eigh
, votes were taken or counted at Fort kear
ney, n place VIGOROUSLY not within thu
limits Of Buffalo county, and in pretended
precinct containing, in all. less than TWEEN
,, ty-fve inhabitants having the qualification