Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-05-31


The persons and parties whom the tenor OF
the act 10 organize the Territories Of Nebraska
and Kansas thwarted in the endeayor TO I'M
pose, through the agency OF Congress, their
particular views of social organization on the
people of the future new States, now perceivN
ing that the policy of leaving the inhabitants
of each State to Judge for themselves IN this
respect was inersdicably rooted in the convlc-
tons Of the people of the Union, then had re-
course, in the pursuit of their general object
to the extraordinary measure of propagandlst
colonization of the Territory of Kansas, TO
prevent the free and natural action Of its in
habitants in its internal organization, and
thus 10 anticipate or to force the determination
Of that question in this inchoate State.
With such views associations were organized
in some of the States, and their purposes were
proclaimed though the press in language ex-
tremely irritating and offensive to those of
whom the colonists were to become the neigh
bors. Those designs and acts had the neces-
sary consequence TO awaken emotions of intense
indignation in States near to the Territory of
Kansas, and especially in the adjoining State
the most directly endangered; but they are far
from justifying the illegal and reprehensible
counter movements which ensued.
Under these inauspicious circumstances the
primary elections for members Of the Legisla-
tive Assembly were held in most, if not all, of
the precincts at the time and the places and by
the persons designated and appointed by the
Governor according to law.
Angry accusations that illegal votes had
been polled abounded OH all sides, and imputa.
tons were made both Of fraud and violence.
But the Governor, in the exercise of the power
and the discharge of the duty conferred and
imposed by law on him alone, officially received
and considered the returns; declared large
majority of the members Of the Council and
the House of Representatives "duly elected;"
withheld certificates from others because of
alleged illegality Of votes; appointed new
election to supply the place of the persons not
certified; and thus at length, in all the form of
statute, and with his own official authentca-
ton, complete legality was given to the first
| Legislative Assembly of the Territory.
| Those decisions of the returning officers and
| of the Governor are final, except that, by the
parliamentary usage Of the country applied to
| the organic law, it may be conceded that each
| House of the Assembly must have been COM
petent to determine in the last resort, the quail
| fcations and the election of its members. The
subject was, by its nature, one appertaining
exclusively to the jurisdiction of the local
| authorities Of the Territory. Whatever irregu-
| larities may have occurred in the elections, it
seems too late now to raise that question. At
| all events il is question as to which, neither
| now nor at any previous time, has the least
possible legal authority been possessed by the
President Of the United States For all present
purposes the legislative body, thus constituted
and elected, was the legitimate assembly of the
Territory.
Accordingly, the Governor, by proclamation,
convened the Assembly thus elected to meet at
place called Pawnee City. The two Houses
met, and were duly organized in the ordinary
parliamentary form; each sent 10 and received
| from the Governor the official communications
usual on such occasions; an elaborate message
| opening the session was communicated by the
Governor; and the general business of legisla.
ton was entered upon by the Legislative As
| sembly.
! But, after few days, the Assembly resolved
| to adjourn to another place in the Territory. A
law was accordingly passed, against the consent
of the Governor, but in due form otherwise, to
remove the seat of government temporarily to
the Shawnee manual-labor school," or mis-
sion,) thther the Assembly proceeded After
| this receiving bill for the establishment of a
ferry at the town of Kickapoo, the Governor
refused to sign it, and, by special message,
assigned for reason of refusal, not any thing
Objectionable in the bill itself, nor any pretence
of the illegality or incompetency of the Assem-
| bly, as such, but only the fact that the Assembly
had by its act transferred the seat of government
temporarily from Pawnee City to Shawnee
| Mission. For the same reason he continued to
refuse to sign other bills until in the course of
few days, he, by official message, communi.
Gated to the Assembly the fact that he had
received notification Of the termination Of his
| functions as Governor, and that the duties Of
the office were legally devolved on the Secre-
tary Of the Territory thus to the last recognising
the body as a duly-elected and constituted
| Legislative Assembly.
| II will be perceived that if any constitutional
defect attached 10 the Legislative acts of the
Assembly 1t is not pretended TO consist in
irregularity Of election or want Of qualification
OF the members, but only in the change Of irs
place Of session. However trivial the objection
may seem to be, it requires TO be considered,
because upon it is founded all that superstruc-
ture Of acts, plainly against law, which now
threatens the peace, not only Of The Territory
Of Kansas, but Of the Union.
! Such an objection to the proceedings Of the
| Legislative Assembly was Of exceptionable
origin, for the reason that, by the express terms
Of the organic law, the seat Of government of
the Territory was located temporarily at Fort
Leavenworth;p yetthe Governor himselfremained
there less than two months, and Of his own dis
| cretion transferred the seat Of government to
the Shawnee Mission, where il in fact was at
the time the Assembly we're called TO meet at
Pawnee City. il the Governor bad any such
right 10 change temporarily the seat of govern
ment, still more had the Legislative Assembly.
The objection is Of exceptionable origin for the
further reason that the place indicated by the
Governor, without having any exclusive claim
Of preference in ITSELF was proposed town
site only, which he and others were attempting
to locate unlawfully upon land within = military
reservation, and for participation in which
illegal act the commandant Of the post, a su
perior officer Of the army, has been dismissed
by sentence of courtmartial.
Nor is it easy to see why the Legislative As
sembly might not with propriety pass the Ter
rtorial act transferring its sittings to the Shaw.
nee Mission. If it could not, that must be on
account Of some prohibitory or incompatible
provision Of the act Of Congress. But no such
provision exists. The organic act, as already
quoted, says !" the seat Of government is hereby
loca tod Eart al ~ apd