The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1855-10-31

priuciple of this bill, at least SO far as b,
has any power or agency over the matter
1t would not be proper nor in accordance
with the principle of this bill for the Chic
Executive officer OF the Territory, sent oui
by the Federal Government, to use any &C,
cidental influence that official position nigh
give hiia, to influence the public mind eth
one way or the other. To secure to the in.
habitants of the Territory on both sides, q
fair expression of their opinions without be.
ing interfered with by foreign votes from
any quarter. to abide by the viii Of the ma.
jority when fairly Expressed, without be-
coming the advocate Of either slavery OF
free States, is the course which my judg.
nnent dictates as most proper for me to take
in the present contest.
further expressed the opinion in the re
marks l made at Westport, that the Legis-
lature Of Kansas was a legitimate body,
and that so far as their acts were not in
conflict with the Constitution of the United
States. or the laws of Congress, and were
authorized by the legislative powers dele.
gated to them by the organic law, they were
binding alike on the citizens and officers Of
the Territory, and that believed it was the
duty Of all to conform to these laws until
they were changed or repealed in regu.
la ard legal way.
Is there anything wrong in this opinion?
Do you seriously believe that the Legisla
.ure was an illegal body, having no power
to enactlaws? Such is the ground, l know,
some have taken, and have been severely
censured in certain quarters for holding that
the acts Of the Legislature within the scope
Of their authority were binding The Leg
islature had been recognized as legal both
by my predecessor and the Judicial depart
ment. Would any one claim that / should
have disregarded both, and held the LIE sis
lature illegal? This body had been con.
veued by my predecessor at Pawnee city
no one doubted his power to convene them
at that place; they organized as L gisla
tive body, and the Governor addressed tc
them an annual message, inviting their con.
sideration to various subjects of legislation
thus clearly recognizing them as lega'
legislative boly at Paw1ee city. The Leg.
islature adjourned to this, the Shawnee
Mission, and although this law was vetoed
by the Governor, it was carried in bctl
branches by almost, If not quite, unani.
nous vote, and SO far as form, at least. is
concerned, is legal and binding. Their
right so to adjourn was questioned by the
Governor, and to remove all doubt on this
subject, the Legislature called, by resou-
ton, believe, on the Judges of the Su-
pfeme Court of the Territory for :heir legal
opinion as to their right to adjourn. Jud
ges Lecompte and Ellsmors of the Supreme
Court, both gentlemen of distinguished a,
biities, gave an able opinion, sustaining
the right of the Legislature to adjourn
their session from Pawnee city to the
Shawnee Mission, and determined that they
were legal legislative body sitting at the
latter place, and that consequently their
acts passed in conformity with their legisla.
tive powers were obligatory and binding
Nov, is it possible that any man, III or out
of Kansas. would have justified me in dis
regarding the acts Of nay predecessor in
disregarding the decision Of the Judges of
the Supreme Court-in disregardng the
opinion of the whole legislative body, and
in setting aside and treating as null and void
all the acts passed by that body? There is
not despot in Europe that could have ex-
ercised such an enormous stretch Of power
with impunity. / had to treat the legisla-
ture as legal or an illegal body. 70 have
treated them as an illegal body would have
been, as / have shown, under the circum-
stances, an act wholly unauthorized, and a
criminal attempt (for it could have amour
ted to nothing more) to subvert the very
government il was my duty to support. 1t
was then my duty to recognize the Legisla-
ture as legal body. The moment that
this is conceded, the duty Of the officer and
citizen is plain. 1t is to obey the law pre-.
scribed by the law making power, until it Is
changed in that mode known to our insti-
tutious. Z
But it is said there were illegal votes
cast a, the election Of the members. 1t is
very probable this is true. Few elections
take place ywhere, without some illegal
votes being cast. Bat this is'not a matter
that can be inquired into by an executive
officer after The members have received
their certificates Of election, being sw orn in
and served out their term Of office. Could
the President Of the United States pro-
nounoe the acts Of Congress void. and re.
fuse te carry them into effeot because ille.
gal votes had been cast for various mem
bers Of the body that enacted them?--
The idea is simply absurd. But what
right and what means had 4 TO inquire
whether Illegal votes had been cast or
notg My predecessor. who had Ike whole
subject before him and The means Of know.
ing the truth; and TO whose supervision
the whole subjsct had been confded BY the