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P.' PLUMB, s s : Proprietor and Editor.
J. HINTON, : t Corresponding Editor. - EMPORIA, KANZAS: SATCUDAY,r.u:n:.:::Ji.UGUST 15, 1SST. ,J -The October Election. : Itwillbe remembered that the second Con vention of the- Free State party, at Topeka, amongst other things,-" Resolved " that -, "VVhixxas. Go tv 'Walier, in his speech &t Tope- t, eaid : "In . October next, not under the aet of the late Territorial Legislature but under the lairs of Congress, yon, the te&aie people of yn hare s right to elect a delegate to Congress and to electa Territorial Legislature And Wbixxa?, Under the above decision "the whole people ox &&nzas "mav participate in snen election without recognizing te validity of a Bogus Legis lature imposed upon them by fraud and violence, therefore - - ' EetoZtcd, That "-we recommend to the people of w . . - ,i . - ! . Grasshopper Jails, on the last Wednesday in Aa gust, to take such action as may be necessary with regard to s&id election. We were under the impression that the res olution jastquoted did not necessarily com mit the Free State party to the policy of go ing into that election at aU. We certainly MnfH, uih taey assemble - in du eonTenuoa at are justified in. saying that it expressly says resui&uoii-- : r -Sines that convention '- assembled, there have been some rare developments. In the first place the apportionment of representa tion has been-.made under the pretense, at least,' of bogus law, and by bogus officials. In the Second place, it is a flagrant piece of iniquity,, completely caumg ou mis region, and leaving us no representatioa or next to none- naakin g it altogether immaterial whether we "eo into" the election or not. In the third place, the powers that be have determined that the election shall be held under bogus law- They have determined, by. an extra, judicial decision of Judge Cato, (which we publish in another column) that the payment of bogus taxes will be a neces sary qualification for a voter. They have determined that polls shall only be opened at such places - as shall be . appointed for such purpose by bogus County Judges; that the judges of election must be the appointees of such ; that none of this summer's emigra tion shall vote, and finally, that all votes thrown contrary , to these rules, shall not be counted.'. Now what will the Grasshopper Falls Con vention do? Will it assume that we can go into! an election under such regulations ? -Will it dodge the issue, pretend to go in un der the law of Congress, but go in under the Territorial . law. as far a3 practicable ? Or will they repudiate and put their foot on all such schemes of iniquity. .-. We would urge the fact that to yield to such an usurpation would be to sacrifice the principle for which we have contended ; Jjut vtq have a certain class in Kanzas who care nothing for princi ple. To these men we would say that going into that election is foil v. We wfll surely be beaten. The Pro-slavery men framed this trap of an election so as to render their victory inevitable. Shall we legalize that rascally election ? - "But we might go into that election after a fashion of our own. We might make it what It should be a " fair election." We might kick out the swindling bogus officials. We might vote without paying tax, and ev x ery bona fide resident be allowed to vote, bogus laws to the contrary notwithstanding." Are those in the Free State party , who urge going into the election most zealously, prepared for this. If our memory is correct they are of the time-serving hunkerish con servative kind, who are too much afraid to get up or manage such a coup de etat. ; They are prepared for all. the stages and climax of folly. First they will delude themselves and us in(6 the ejection on the specious pre text that we will have a '? fairelection." Then, when we are committed to that policy, they will howb about the ." fanaticism " of anything like a departure from bogus regula tion; will whine about -causing difficulty, and will go on their political marrow-bones to persuade our. people to -vote under a bo gus rule ; thai will insure the utter prostra tration of the Free State party. Then after they are defeated, they will hopelessly howl over the election frauds. , All such farces are insane,- after what ha3 transpired, for merly.; J ; : ,-. i : . Bui there b another matter. Suppose they get us who are in the disfranchised dis tricts, to help to carry the districts where they have, apportioned some representation. This would be fair in one sense, but H has anomer teaiure. au uie representation is given to the border districts. c There the hunker element of the Free State party is found. , That hunker element is clamoring for-"regularity " in the election, and they a small regiment of the Free State party want the power in their hands. They would like that w would help to see them elected, nd hating the people's constitution intense ly ia. their hearts, they wish to. perpetuate the Territorial corernmenL Are we thus to be made the instruments in creating a hos tile, element in the Free State party, aad en dowing it with power ? We solemnly pro test against trusting any man with political power who is not true to the position of the Free State party and the people's constitution. , We see to what all this is directly tending. Southern Kanzas is to be ignored by all parties the Pro-slavery party and the bun ker x tee btate. We are to be cast out. - Our Liberty loving people are to be tabooed. Let the Grasshopper Falls Convention be ware I li we are to De cut on, tee tcui go aaA- make a "party to ourselves. Our rights must be.recosrnized or we shall not O .- s stav with you. : . ; , .lloxe JSepudiatirm -: It has always surprised ua to know why the South acquiesced so quietly in the nom ination of the facUt ; kMr. Buchanan.' No torious as that gentleman is for feats of po litical agility, We always felt that more pledg es were given the committee of the Cincin nati Convention who waited on him to inform him of his nomination, than they would be willing to let the public know. The appoint ment to office of the leading Border Ruffians in Kanzas, was to us one evidence of that contract, and the following extract from a late speech of Senator Brown of Mississippi, may throw light on other portions of the same agreement : "He 'did not believe that "Mr. Buchanan would suffer Walker to retain his place as Governor of that Territory, but if he did, the South would rise up -and denounce him as false to the great principles of the Kanzas bill, and a traitor to her best interests. He, for one, would "do so, and so would every true southerner. He had heard it from the President' own lips, that this thing of Squat ter Sovereignty was one of the most damna ble heresies that teas ever broached in this or any other country, and that he (the Presi dent) would leave nothing undone to throttle it. Mr. B. had told the speaker this in all sincerity,-and he believed him." ;" He had no doubt but thai Walker's appointment will be cancelled. t x srii l ve rexaemDerea mas. oeiu.var iiroarn was one of the committee who informed Mr. Buchanan of his nomination, and that he is generally recognised as the Administration mouth-piece in his own State, in opposition to Gen. Quitman . and Jefferson Davis. Therefore, what he utters comes with the stamp of authority on it, and howevec the President may desire that his zealous friend had left the above unsaid, he cannot ignore its paternity. It is but another example of the ingrati tude of Democratic politicians, and a proof of how little they value their word, andwith what facility they violate most solemn pledg es. Are the people of Kanzas willing to trust such a rotten, hollow-hearted set as this same party ? If not let us remain true to those fundamental principles of liberty and truth, which ever should animate the hearts and guide the actions of those who are strug gling for their attainment. . Judge Cato. We would refer our readers to the corres pondence in another column, which passed between Judge Cato and some members of the legislature and others. - The Judge pre tends that he gives merely a private opin ion, but he is addressed as Judge of the Fed eral Court, and in thus pronouncing when no case was before him, has condemned the people without a hearing. - So we are hot to vote unless we pay bogus taxes. Who will pay those bogus taxes? Who? The amount of it is that Free State men shall not vote. And how absurd it is to declare one section of the law "void," because it con flicts with the ' organic act," and to declare the other two clauses, one requiring the pay ment of a tax, and the other six months res idence, both in violation of the "organic act," as "binding." They strain at a gnat and swallow a camel. Free Speech in Texas. "A paper called the Free Press, published at Quitman, Texas,-has been suppressed. A pro-slavery niob" voted to destroy the of fice, and gave Winston Banks and Mr. Lemon, the editors, twenty-four hours in which to leave,, the place. The press was demolished, and the editors fled. The pa per advocated .the substitution of free for slave labor in Texas, as best for its .material interest, but made no moral opposition to slavery as wrong in principle. . The destruction of pressesin Texas will not have the effect to stay the tide of free emigration that is flowing into that State. New and more radical papers will be estab lished on the ruins of those destroyed. Free speech will be the gainer by all attempts to muzzle it. Texas will furnish at least one Free State to the confederacy. A Bepublican Party. Our Manhattan correspondent, "Albetri cus," whose communication will be found on the outside of to-day's paper, asks, "Had we not better come out-squarely on the Republican platform, and adopt the name of Republicans?" We answer, not by any means. Let' there be no , issues raised nor new names substituted for those now used. The Pro-slavery party are try ing to hide their designs behind the "name of "National .Democracy; but let us not imitate-their example. There can "be but two parties here until the question of 'Free dom or Slavery" 13 settled. Ours is the party of Freedom, and to assume any other title would be losing ground. We should not identify ourselves "with any of the par ties in the States until the question is settled in Eauzas. ,r-- . " On last Saturday, the 8th inst, O. C. Brown, of Osawotomie, was arrested at Lecompton by U. S. Marshal Dennis, on the charge of being a participant in the Osawotomie and other fight of last year. v It would be extremely good policy on the part of the Pro-slaveryites at Lecompton to do as little as possible to revive old grudges or the recollection of the scenes of. last Summer. The Pro-slavery victory at Osa wotomie, wa3 accompanied by acts of vio lence and shameful, inhuman cruelty, the recollection of which will prove very dangerous to the safety of Pro-slaveryites in Ftt if they again provoke hostilities. The mortality among our great men dur ing the last decade, has been very serious and. alarming ; and 4he health of some of those surviving -. is not good. " Webster, Clay, Calhoun and Marcy are gone,' and Austin of the Kanzas Leader and' Crozier of the Leaven worth Times don't fetl vtell! The Gordiaa Snot; - ?f??:i.: The New York Semi-weekly Tribune of the 4th inst., in an editorial entitled? VThe Election in-Kanzas," commenting on the report then current that "Ye Great Isother mal" intended to prevent' the holding of an election for State officers and ihe tote on the Constitution being polled, closes ; up with the following significant words fciative to tke October election: r ; " "We feel as sure as of anything jfature, that the Free State men' will somehow .be precluded from voting then, or else the Bor der Ruffians will be sent over in regiments to vote them down. If there be psejsio really believes that the Free State -'men of Kanzas will have any more fair play than their strength shall command, we entreat him to watch the drama to the end-t. "v - Taking into consideration the fact k that at the time the above was written the infa mous apportionment had not thrust it fonl features into our mid.it, nor was it supposed that so bare-faced a frauds would be, sanc tioned by the politic Democratic Talleyrand who is supposed to govern Kanzas, it w;ouId almost seem as if the Tribune was imbued with the divine spirit of prescience.7 ; The close of the first sentence of the above quotation is true to the letter. -Nxt oidy are the Free State men - prevented from Voting in October next, by the various safefcrJa the Border Ruffians hedge their . authority with, but thtt..drainings of all the whisky shops, brotheU and plantations of Missouri, assisted, aided and abetted by that 'feJrJr and scum of all nations, called the TJ. rS. Army, which is officered ,in most cases by the nigger driving Oligarch of the South; these two arms of Pro-slavery usurpation are to lend comfort to eaeh other. Missouri i3 to furnish her rakings to vote, whfie the army, always a tool of tyrants, is to prevent the indignation of the Free State men of Kanzas from wreaking itself on the villains. They are to see that we, ' "With bated breath and whispering humbleness," accept this new outrage. We, howevet, re member the old classic story of Alexander the Great, and the Gordian knot, and we are of tho&e. who to-day or to-morrow now or at any time, are willing to. accept the lessGn taught by it, and with the sword of Rsvo- LCTiox, cut asunder the knot of Pro-slavery usurpation. ' Charles Moffat, of Topeka, was arretted on the 8 th inst., by the U. S. Marshal, on charge of assaulting E. C. K. Garvey, of, the same place, with intent to kill. The circum stances of the assault are as follows : Zi: ap pears that Garvey, taking advantage of there being no means of recovering debts to wlueh a Free State man will resort, refuses to pay just and honorable ones which he is owing to various citizens of Topeka Moffat being one of the aggrieved parties, determined to have the money. So one day last weejc he seized Garvey, carried him down to theiriv--er'bank ' and 'threatened to duck hini ru!css he "forked over." Garvey did not j like this "new way of collecting old debts," so discharged the bill. Several other persons wished to employ Moffat to collect iheir dues for them, which he did. Garveymad that he was made to disgorge, flew to his Le compton friends, entered a pitiful complaint before the Grand Jury, and the arrest of Mr. Moffat is the result. - - Jjawrence. 4 The news from Lawrence will, be fbuud in full in our ' correspondence from that place. "Things 1 workin,' omc.'The Governor seems determined to change the note of mirth which his sudden departure and equally sudden return called forth, to something more serious. The arrests which have been made and the rumors that Lane and Robinson and other prominent Tree State men were to be arrested .in a few days had caused considerable excitement. It wa3 also rumored that Walker had mide a demand on the War Department for. more troops and several pieces of artiljery. j Business . was brisk .notwithstanding the : threatening aspect of things. The President and Cabinet are much con cerned at the attitude taken by the citizens j of Lawrence or rather at the determination manifested by the Free State party to adhere j to and maintain the Topeka Constitution. j. A. 1 ones. 1 j ., Of course they are, for therein- liesj our only strength. Adherence to our State Organization : No recosrnition of" Bogus Laws, are the safe guides of the Free State men of Kanzas.' The Democranc'Tty" feel toward the .Topeka Constitution aff did the British Tories toward the Declaration of Independence. . ' - . ; ;- . - ? .- The Ruffian Col. Titus has come back to Kanzas, the scene of many of his viHaiSous exploits. His arrival at this time is not cal culated to pour oil on the troubled. wa ters.." His Border Ruffian friends welcome him with open arms. He says that Soath Carolina will send five hundred voters to Kanzas this fall-" The Lord deliver, us rorn South Carolina "voters.r- '. J We ask those who think the Democratic Pro-slavery usurpers were ever inclined to yield one jot of their stolen ' property to read carefully the letter of Judge Cato, io be found in another column, examine the stat utes regulating the October election, and then calmly and earnesdy ask themselves wheth er they are willing to abandon the graand upon whieh we have hitherto stood so proud ly and honorably, to pursue an.unsufetan- tial phantom, which can yield to us nolbiag but a bitter harvest of defeat and displace. We have received,tbe fourth numbe if a new Chicago paper called, the LnaoxcltrE. It is edited by Chas. A. Washburn, ftith ability, and is a valuable paper for (hi re side cz per annum. . . i :. ; - The OldvCiy 'oTDistOiiaxL-1 " -V The Washington correspondent f the Richmond .Enquirer, who has been fur nished with convincing proofs that the Ad ministration must bow to the sentiment awakened in the North by .the Republican party, closes his letter to that paper with the following threat : "But mark what follows. To the South the Union is chiefly indebted for all it3 ter ritory ; tEe vast Northwestern Territory among the rest. Opposition to the acqui sition, of Territory has always existed at the xorth, and but for the South not an inch would ever have been added to the Union. We have at least equal right in it. This opposition to" increase of Territory has al ways been most zealous and intolerant in Massachusetts, and with the federal party in Massachusetts the sires of the infidels, the free lovers, the agrarians, the spiritual rappers, and the abolitionists, who disgrace humanity in Boston; the sires of the men who are buying up the rabble, the proletari ans, who infest and disturb society at home, arming them with rifles, and. sending them to Kanzas to attempt to expel ignominiously from her fair fields, the Southerners, who acquired the territory, and who were pio neers in its settlement. We say ignomini ously, because the white slaves sent out by the Emigrant Aid Society, who will live on less, and wo"rk harder thin negroes, and axe therefore cheaper labor, assert that Southern gentlemen are too immoral to be tolerated in Kanzas. And be it- remembered that this very territory was dedicated' to slavehold in by the" treaty of cession with France. If "the Free State men of Kanzas deter mine to affix the brand of ignominy to Southerners to expel them from a territory to which they have the far better right it is but too probable that the knell of this Un ion is sounded. There is now a galling sense of wrong inflicted by the North a suppressed indignation ready to burst forth with uncontrollable explosion at the very next provocation. It is not worth while to say "peace, peace, when there is no peace." It is far better to set about pre paring for the approach of evils whose ad vent cannot be prevented. We deprecate disunion; -we would bear and forbear much longer ; but such is not the temper of the South." ' . Compensated Emancipation. Some years ago Mr. Webster avowed his willingness to vote 8900,000,000, more or less, to the purchase and emancipation of all the slaves in the South. He regarded that as the only permanent remedy for the slavery agitation. Elihu Burritt has pub lished a paper on the equity and expedien cy of this plan of Compensated Emancipa tion, as he terms it, tin 1 gives notice of a convention to be held some time next month, to carry the scheme into execution. The call for such a convention, he says, has al ready been extensively signed by all classes in all the States, including the hundred re spectable citizens of Delaware. Th& proj ects not unlikely to be well received in the northern tier of Slave States. y. JI Eve ning Po(r ..-.--L " NATioxAT",,EiocRAT." This is the title of a new paper which has just been started at Lecompton on the ruins of the old Lecompton, Union, w The . typographical appearance is good, and the Democracy " orthodox" according to Douglas and Walker. If we have any " National Dem ocratic" readers, we recommend this paper to them. The long-eared animal of the Kanzas Leader seems vexed at us, because we ex posed his ignorance and stupidity. Ever since his advent into Kanzas he has been in a situation similar to that of his ancestor, who being placed between two stacks of oats, did not know of which to partake. ' Gov Raksom, the National Democratic candidate for Delegate to Congress, defines the legal voters as being '.' those who have resided in the territory six months and paid their taxes! Judge Cato says that "such is the Territorial law." So those who. are anxious to vote under the bogus regulations, had better make haste to pay their taxes 1 A few timid persons and speculators are leaving the Territory, out of fright at the seemingly threatening aspect of things. Their loss is not felt. Business is brisk as usual in all parts' of the Territory from which we have accounts. The double-headed Minnesota Constitu tional : Convention is still in session at St. Paul. There is no probability of an ar rangement being effected, and each party will probably frame a Constitution. The account published on our outside furnishes all of interest that has transpired. ... A Free State mass meeting was held at Centropolis, on yesterday, to take into con sideration the propriety of voting in Octo ber next! M. J. Parrot W. Y. Roberts, C. F. W. Leonhardt, and others, were announ ced as speakers. The vote on the Topeka Constitution at the election on Monday the 3d inst , as far as heard" from, is a little upwards of five thousand. The entire vote will probably be near ten thousand. , -The returns from the Missouri election indicate that Rollins, K. N-, is elected over Stewart, Dem. The city and county of St. Louis gave Rollins two thousand majority. The sentiment of the people is pretty unanimous, if we may credit the expressions we hear, that there will be no participation of the Free State party in the October elec tion. ."Fair play or no play," is the motto. "Spirit of the Agricultural Press" ia the title of a nice quarto Agricultural end News paper, published at West Urbanar Illinois, which has reached its ninth number. The Kan zas Leader the "seat" of mor al and political dishonesty and doughfacery. Read the interesting letters of our Law rence Correspondents. A Woman Fleeing from Slavery with her Children is Arrested at Camp Point, 111. - Camp Poixt, HI., July 15, 1857. Messrs.- Editobs : Last evening our Kt tl village was considerably excited by- the arrest of a woto woman ana three small children, who had escaped from their mas ter, living at La Grange, Mo. It appears the poor creatures had been lurkimr in the timber, withia half a mile of our place, for two or three days, and had been seen frequently by those who- did not view mem wwn any pruu.uii. u""wi, m have even been so bold as to call on fam ilies livinsr near their retreat, for victuals, water, &C. But vesterday a report was- raised that a reward of Sf.OOO was ottered for their delivery in La Grange, when " all eyes were open for the apprehension of the fugitives," and in a few minutes- a party was formed and the search commenced. - All day they were engaged in the stealthy tread, but no slaves were to be found,- and the Dartv beincr weary, returned in the eve ning to refresh themselves preparatory for anoiner inaj ai uiguu iuch mu n cjwuvu however, by a messenger arriving a few minutes after they returned, informing them that the negroes had been decoyed into the house of Mr. James Welsh, who lives at the edge of the timber in which the unfortu nates were concealed. This treachery was performed by the daughter of Mr. Welsh, a young woman who found the negroesa short distance from the house, by telling them that she was a friend to them, and that if they would go with her to the house she would give "them something " to eat. The poor mother could Imt accept this offer for her starving children; and without suspicion went into the house. But before they had time to allay their hunger, the sable mother and poor helpless children were surrounded by a dozen stout men all " armed to the teeth." In a few minutes a hack was pro cured, and the poor creatures were fast re turning to their bondage. True it is that money is the root of all evil. Chicago Tri bune. Trouble with the Indians in Minneso taTroops Sent on. The Chippewa Indians were paid off at the agency twenty miles above Little Falls, Min nesota, on the 10th and 1 1th instants. Du ring the payment the Indians got drunk and quarrelsome, and some half dozen of them were killed. ' A letter from St. Paul, July 18th, says: "The removal of the United States troops from Fort Ripley has emboldened the Chip pewa Indians, and the sale of whisky among them by the whites brings out the old sav age traits. They have just driven the Rev. Mr. Breck, Episcopal missionary, and the whole missionary staff, from the mission at Leech Lake, (the outpost,) and they are now at Fort Ripley. They have had a nar row escape with their lives." A second despatch from Governor Meda ry was received at Washington asking au thority to enrol five companies of volunteers. L. Pritchett, Clerk in the Indian Bureau, has been dispatched to Minnesota to exam ine and report. On Saturday a despatch was received from Washington ordering Colonel Burke, the commanding officer at Fort Hamilton, to re pair forthwith, with troops under his com mand, to Fort Snelling, Minnesota. " With the companies ordered from Fort3 Independence, Hamilton, Mackinaw and Sault St. Mary, Michigan, there will soon be ten companies in Minnesota. The latest advices received from the Sioux agency state that the hostile demonstrations of the Indians are over, and that the Sisseton tribe are to receive their annuities. We learn from reliable sources that it is very probable a treaty will be negotiated this summer, between the government and the Yankton Sioux, for the extensive region of country bounded by the Missouri river and the Big Sioux on the west and east, and by the Missouri and the forty-fifth parallel of north latitude on the north and south. This treaty will open up the best portion of the territory of Dacotah to settlement. P. H. Carey, stenographer to Governor Walker and Special Correspondent of the N. Y. Times writes to that Journal from Lecompton, under date of July 20, 1857, as follows : " Long ere this, I apprehend, you will have received intelligence by telegraph of me acuon 01 me rree oiaie jonvenuon which assembled at Topeka on Wednesday last to nominate a Representative to Con gress and a batch of State officers. After much anxious deliberation and an excited discussion, they adjourned without having accomplished their main object. The ques tion which led to the premature breaking up of the sittings of the body was that as to the propriety of nominating a candidate as Representative to Congress from the State of Kanzas, or of simply nominating a dele gale from the Territory. Not being able to arrive at any agreement on the point, they finally agreed to dissolve.' Before adjourn ing, however, they nominated several State officers, and adopted a series of resolutions denying the validity of the laws of the Ter ritorfedJLfgislature, and suggesting -the-- ad visability of resubmitting the Topeka Con stitution to the people. Mr. M. J- Paxrot, a young man of considerable ability, comes forward as the Free State candidate for del egate and representative both, but there are so many -aspirants that it is a. question whether he may not be tricked out of the nomination, if one should ever be made." The consummate ignorance displayed in the above, will be apparent to every one. This is the same correspondent to whom we alluded a few weeks since who announced the formation of a "large and intelligent middle party," under the lead of Governor Walker. It, is hard to tell whether he is most knave or fool. Hon. David Wilmot, Union candidate for Governor of Pennsylvania, has addressed a letter to the American State Council of that State, in answer to certain . interrogatories propounded to him by a committee appoint ed for the purpose. He takes ground sub stantially upon the American platform, ex pressing himself in favor of the .election of natives to office, of the protection of native mechanics, of protecting the. ballot -box from desecration, of free schools with the Bible in them, and of the separation of Church and State, and is particularly earnest in a remonstrance againstthe shipment of for eign paupers and criminals to these shores. ' The Americans of Maryland have nomi nated Thoma3 H. Hicks as their candidate for Governor. . -. . - . . -. - Interesting Correspondence Pay y0n Taxes. From The Kanzas National Demoerat. . Lecovptos. K. T., July 31st., 1857. S. G. Cato, Judge of the Supreme Court. Sir:- The' Territorial Legislature, at its late session, passed an act that has been a subject of discussion. The fifth section of "An Act to define and establish the Conn "cil and Representative Districts for the 'Second Legislative Assembly, and for "other purposes," is the provision, con cerning which, doubts have been suggest ed and theories promulgated. It is in tbe following words: " Every bona fide inhabitant of the Ter ritory of Kanzas, being a citizen of 0 " United Slates , over the age of twenty-onf L"years, and who shall have resided six "months in said Territory before the next 'general election for members of the Coun " cil and House of Representatives, and no " other person, whaleve-, shall be entitled to "vote at any. general election hereafter, to "be held in this Territory." 2d. Kanzas Statutes p. 68. ' It is submitted that this act is in palpa ble violation of the Organic Law of the Territory. The twenty -third section of that law provides: " That the right of suffrage and of hold "ing office, shall be exercised'only by cit izens of the United States, and those teho " have declared their intention to become such, "and shall hare taken an oath to support the " Constitution of the United States and the "provisions of this Act." ' . .. ; ' Under this act the ; fundamental Jaw of the .Territory allowing the six months res idence qualification, prescribed by the Leg islature, to stand, a foreigner who may have landed in the 'United States, for the first time, in March last, and immediately set tled in Kanzas, having declared on oath, his intention to become a citize of the Uni ted States, and having taken an-oath to sup port the Constitution of the United States and the provisions of this Act? Would be entitled to vote at the general election in October next; but under Territorial legis lation he would be compelled to remain in the United States five years instead of six months, from the date of his arrival, before he would be entitled to vote. . We cannot too strongly condemn the in troduction of the fell spirit of Native Ameri canism into Kanzas legislation. ' Who has forgotten the bloody riots of Philadelphia in 1844? The stoutest hearts were appall ed when magnificent temples of the Most High crumbled into ruins. All Christen dom blushed, and humanity dropt a tear, when the parsonage of St. Augustine, where Protestants had been nursed by the -Sisters of Charity, during the ravages of the Chol era, was consumed amid the demoniac yells of incendiaries. And shall the Legislature of Kanzas be permitted to nullify the action of Congress, trample on the Organic Law of. the Territory and rob the foreigner of the elective franchise? It is the opinion of some persons that the Territorial act cited above, repeals the for mer law, making the . payment ct a tax a requisite qualification of an elector. Tho we are decidedly of the opposite opinion, we are exceedingly anxious to hear from the legally constituted expounders of the law. If consistent with your views of pro priety, will you have the kindness to ex amine tbe subject and favor us with, the re sult of your investigation? f - As we are unable to imagine any impro priety in making this request, we shall wait with some solicitude for your opinion; and as we have unbounded confidence in your legal acumen, we feel assured that the peo ple of the Territory will read your expo sition with the respect due to judicial au thority. - In conclusion, Sir, accept assurances of regard and esteem. Very respectfully, Your obedient servants, O.H.BROWNE. R. C. BISHOP, WILLIAM JOHNSON, A.J. HOOLE, JOHN KAYLOR, A.J. BUSH, ' A. H. ANTRIM, WM. E. THOMHSON, R. H. PHILLIPS. Lecomptos, K. T., Aug. 4th, 1857. Gents: Your note of the 31st ult. is be fore me, asking an expression of myviews as to whether the fifth section of the act of the last Legislature repealed the act of the former Legislature, prescribing the qualifi cations of voters. I am unable to see any impropriety in giv ing an opinion on the question whieh your note presents; it is eimplv an opinion, how ever, entitled to no more weight than that of any other citizen.. , You have copied, xa your note, tbe sec tion referred to, hence I need only give my views, in relation -to it; I Jim clearly of opinion that the Legislature intended to su peradd to the other qualifications prescribed by the then existing law, that of being a bona fide inhabitant, who shall have resided in the Territory six months before the next general election. There is no. clause . in She act of the last Legislature expressly repeal ing the election law,'' as it stood before the passage of the aet; and the rule which gov erns in cases of repeal by implication, is to examine the provisions of both the old and new Statutes, and if there be no inconsisten cy in their provisions, if they are all reconci lable with each other, and can have their full operation, there is no repeal of the for mer by the latter. The only inconsistency observable, be tween the election law as it stood, up to the passage of the fifth section, is this: the elec tion Law, as it" stood, ' required simply, a mere inhabitancy; and the existing law re- ?uires an actual residence of six months. am satisfied that the last Legislature in tended to make no farther change, leaving the payment of a Territorial tax, still as an indispensable pre-requisite to the right to vote at our next general election, v - I agree with you, in the opinion that the fifth section of the act of the last Legisla ture is void, so far as it confines the right to vote to citizens of the United States on ly, who possess the other qualifications pre scribed; because the Organic Act contains an express prohibition to the passage of any law which would deprive persons, of the right to vote, who have declared on oath their intention to become citizen End have taken an oath to surmort the Constitution of the United States and the Organic Act. . Keturning my thanks tor the - expression of your confidence in my opinion, I remain Mot respectfully, - " Your obedient servant, " a G. CATO. Messrs. O. IL Browjtk, and others.