Gen. Lane had been uncompromising in defying the Territorial laws.  He had said:  “Gov.  Walker has said, ‘Vote next week.’  What for?  Have we not made our constitution?  And do not the people of freedom like it?  Can’t we submit this to the people, and who wants another?” But now he had become at the first reticent, and finally said:  “Vote.”  This singular man that constantly kept on exhibiting his desperate determination to resist the bogus laws, really kept in his heart the one supreme purpose to make himself the oracle of the prevailing sentiment among the Free State men.  When, therefore, Gen. Lane said, “Let us vote,” it was good evidence that this had become the prevailing sentiment among the Free State party.

A convention was held at Grasshopper Falls, August 26, 1857, at which this was the main question, and it was decided in favor of voting at the coming election of Territorial officers.  The Hon. Henry Wilson had recently visited Kansas from Massachusetts, and he had earnestly entreated the Free State men to vote.  Phillips, Conway and Redpath still protested against it.  Gov.  Robinson, however, gave his voice in favor of voting.

An election had already been-held June 15th to elect delegates to the Lecompton Constitutional Convention, at which the Free State men had taken no part.  Fifteen Free State counties had in this election been disfranchished, no election having been ordered in them.

At the election of Territorial officers, held October 6, 1857, both parties turned out The Free State men cast 7,887 votes for the Territorial Legislature.  The Lecompton party was reported to have cast 6,466 votes.  But though the Free State men had a numerical majority of votes, yet the districts had been so arranged that the above returns gave a majority in the Legislature to the Lecompton party.  Johnson county, bordering on Missouri, had been united in one district with Douglas county, in which Lawrence is situated, and this district had been given eight members.  Oxford precinct, in Johnson county, was a place of not over a dozen houses, and polled 124 votes for township officers, yet it reported 1,628 votes for the Lecompton party.  When, however, Gov.  Walker and Mr. Stanton came to canvass the votes they threw out this Oxford vote.  They also set aside 1,200 fraudulent votes in McGee county.  The vote at Kickapoo, equally fraudulent, was also set aside.  This gave a majority to the Free State party in the Lecompton Territorial Legislature, and thus Gov.  Walker redeemed his pledge that the people should have a fair election.

Judge Cato felt that it was time to come to the rescue of his friends, and issued a writ directed to “Robert J. Walker, Governor of Kansas Territory, and Frederick P. Stanton, secretary of the same,” commanding these gentlemen to issue certificates of election to the men who appeared to be elected according to the original returns.  Gov.  Walker good-naturedly refused to obey the order of the court, offering to