The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-03-22

mot one OF them were citizens OF missouri.
This deposition the undersigned here refers
to, without spreading il out at large, and
makes 1t part Of bis report as fully and com.
pleiely as lift were given in full in this place.
Again. The statement about the ''young
man being seized in the town Of Atchison,
and, under circumstances OF gross barbarity,
tarred and eotionc2, and in that condition
sent to his family is entirely unsustained
by any proof in the mass Of that taken by the
committee Ii is true, testimony was taken
as 10 alleged facts Of this character; but when
il was proposed to 60 fully into the investiga.
ton Of the whole truth Of such charges, and
not to rest them on er pdrte statement alone,
the majority of the committee abandoned the
investigation, and struck out the testimony
which they had taken. But the undersigned
has not time to go on with such specifications.
He will here barely add that all like state.
ments in the report, as to the existing eondi-
ton Of the Territory, are wholly gratuitous
aud unsupported by any testimony taken by
the committee. For the correctness of what
he now affirms, the undersigned appeals to
the testimony on file; and to counterfeit the
impression Of such statements by the majority
Of the committee, he begs leave to refer to
the sworn dispositions hereunto appended and
made part Of his report, as fully as if the
same were set torth at large.
The undersigned aiirms, most positively
and distinctly, that the testimony taken by the
committee contains no matter going to dis.
prove or deny in the slightest degree these
great, leading, aud controlling facts in the
merits Of the controversy which gave rise TO
the organization of this committee, to wit:
that an election for Territory Legislature
was held in Kansas Territory on the 30th OF
March, 1866, in pursuance of the proclama.
ton Of A. II. Reeder, governor of the terri.
tory under the organic law; that in that proc.
lamation, the time and places Of voting were
set forth; that the judges of election were
appointed by him, with instructions as to how
their places were 10 be filed if they or any Of
them refused or failed to act; that he reserved
the power to himself to judge, in the first in
stance, of the election returns, and that be
did so act; that the returns were made to him,
and he did set aside the election of but nine
members of the twenty six elected TO the
house of representatives, and three Of the
thirteen elected to the council, and gave his
certificate of election to the other seventeen
members OF the house, and ten members Of
the council, being majority of both branches
Of the legislature; that he ordered new eec.
tons in those districts where he had set
aside the returns; that the governor con
vened the legislature, thus constituted, nc.
eording to law, on the LIST of July, 1856, and
communicated with them officially after they
were organized, and recognized them as a le-
gally and properly constituted lawmaking
body aud never, until August, 1856, after he
was removed from the office of governor, did
he object to the election of majority Of the
legislature, both in the council and in the
house OF representatives, to whom he had
previously given certificates.
These great leading and essential facts,
upon which the validity or invalidity of laws,
or pretended lars, OF Kansas must rest, are
not denied, or even assailed, by particle Of
testimony taken by the committee; and, with
these facts unassailed and unimpeached, il is
beyond the comprehension of the undersigned
how the majority could come to the conclu.
sion that the laws passed by the Territorial
legislature were null and void in consequence
Of any ilegality, even if such had been PROV
ed, in the election of its members. All ques.
tons relating TO that election were closed by
their waiver at the proper time, and without
an Investigation by the proper authority.
This is well.hxed principle in all our repre-
sentative Institutions upon IT they all rest, and
with the correctness of this Governor Reeder
himself seems TO be duly impressed. This
the testimony clearly discloses. In letter
found in the streets Of Lawrence, and proven
before the committee to be in the hand writ
ing Of Governor Reeder, and bearing bisgen.
uine signature, dated in this city on the 18th
Of February, 1856, and addressed to friend
OF his in Kansas Territory, he says:
As to putting a set of laws in operation in
opposition to the Territorial government, my
opinion is confirmed instead Of being shaken;
my predictions have all been verified so far,
and will be in the future. = We rM be, so
far as legality is concerned, in the icroHg; and
that is no trlfing matter, ia so critical state
or things, and IN Uie'c If such bloody eoase.
quences. | may speak my plain
and private opinion TO our friends in Kansas,
for it is my duty. But to the public, as you
Will see by my published letter, | show no
divided front Y .l'.,ats|ass is-i4s - -
This letter, and another also found, we're
addressed, as it is understood, to Grosvenor
p. Lowrey, his friend, and formerly his pri
yate secretary, while he was governor of Kan.
sas; and so important bearing had they upon
the main facts Of the case, which are the L.
gdlity Of the Territorial legislature aud their
enaetmeats, that the majority of the commit.
tee, after they had admitted them as evidence,
as it was clearly understood by all parties,
attempted to reject them. The following is
their action in regard TO them;
1.-The counsel for J. W. Whitfield, having at
Leayenworth city offered in evidence before
the committee two letters written by A. II.
Recherche one dated Washington, January
20, 1856, the other dated Washington, Feb.
ruary II, lS56-and before offering the said
letters, their authenticity, both as to the sig.
nature and handwriting in the body of said
letters, was proved to be the proper hand.
writing and signature Of A. H. ReedeF and
OF which facts the committee were satisfied
but u majority Of the COMMITTEE essrs.
Howard and Sherman-not being satisfied, at
the time, Of the propriety of the admission
Of such evidence, took the matter under con-
slderation; and now, at this day, at the sitting
OF the committee at Westport, the question of
the admission Of said letters as evidence came
up for consideration and decision, and ma
lority of the committee, Messrs. Howard and
Sherman-Mr. Oliver dissenting--deeline TO
receive said letters in evidence, and to be en-
grated into and TO constitute portion Of the
evidence taken by the committee in their in
yesligations, upon the ground that they, the
COMMITTEE, have not the rlghtful possession
OF them; they having been found in the streets,
and being clearly private letters, or SO de.
clared to be by the majority of the committee.
The said majority OF the committee take no
objection TO tho relevancy or competency OF
said letters as evidence; but place their OBJ
lection solely upon the grounds above stated,
not denying that said letters might be evidence
against said A. ii. Reeder in a criminal prose
cution. The committee admit that the copies
OF said letters, furnished to the committee 70.
the purpose Of having them transcribed into
The evidence, as true and genuine copies Of
the originals offered in evidence, and which
said copies arc hereto appended, marked al
and 81, and made part Of this protest.
1.-The counsel for J. W. Whitfield, and on
behalf OF the law aud order party in Kansas
Territory, offer said letters 10 evidence for
the double purpose Of showing the opinions
and admissions Of A. H. Reeder, in reference
to the matters and subjects connected with
the elections Of the 30th Of March, 1855, In
the Territory, and the contest now pending
between Whitfield and Reeder in the HOUSE
Of Representatives, o. well as TO show the
completely OF A. II. Reeder Ia all the troubles
which have led 10 bloodshed and civil war in
the Territory.
ITO the refusal Of the majority Of said com.
mittee to receive said letters in evidence Mr.
Oliver enters his protest; aud also the said
John W. Whitfield, by his attorneys, protests
against the action Of a majority Of the com
mittee in refusing the admission Of said let.
ters In evidence, as depriying him Of his inst
rights IN the investigation heiore the COMMIT
tee, and in showing TO the country the true
ground and source Of all the difficulties in
Kansas Territory.
-. W. Whitfield.