The Kansas herald of freedom., 1855-06-09
Anothsr Contemplated Outrage.


It seems that the Missourians are not
satisfied with having large majority of
their friends and fellow citizens in the
Kansas Legislature, but are determined
to have composed unanimously of such
persons. We understand that they In
tend to expel tie Kansas members. in
spite of the Governors certificates. and
fill the vacant places with their own IA
vOrites. Against this we have nothing
to say to them. For protection against
their tyranny and violence, We look to
the supreme authority of the Federal
Government, If not before. at least when
the next Congress shall have assembled.
Bat rs some of their tribe affect to regard
such a proceedingas within the legiti-
mate scope of Legislative authority, the
law in the case becomes . matter of some
interest. We have examined the Organ
ic law of the Territory, which is, of
course, the only law on the subject; and
We regard such an assumption of power
On their part, as not only without the au-
thority of law, but clearly and directly
against it. The power of the Governor
to Decide decisively and finally, as to
the right of persons to act as members
of tie first Legislature of Kansas, is just
as clear as his power to approve or reject
any act of the Legislature, and Just as
far beyond the reach of Legislative con-
troll. It is expressly declared, in the
25th section of the Organic act, that
" the persons having the highest number
of legal votes in each of tie Council
Districts for members of tie Council,
shall be declared by the Governor to be
duly elected to the Council; and the
persons having the highest number
of legal votes for the House of Represen-
tatives, shall be declared by the Govern
Or to be duly elected members of the said
House" This is the description Of per-
sons-persons who have received the
highest number of legal votes, and been
declared by the Governor duly elected
and no otAer persons. who are authorised
at any time, or in any way to act, as
members of the first Kansas Legislature.
The Legislature of Kansas $50 called)
might declare all the people in Missouri
"duly elected but under the Organic
act of the Territory tie declaration must
be made By the Governor. resfecting all
those who become legally qualified TO act
as members of the Legislature. The
idea that that body has an inherent right
to determine the qualifications of its own
members, which we have heard advanced,
is perfectly absurd. II might just as
well be said that the Legislature las .an
inherent right to enact all laws solely BY
its own power, without the approval of
the Governor. The facts, tie Legisla-
ture has an inherent right to do nothing
which would be inconsistent with the
Organic act Of the Territory; and any
attempt to organize the Legislature, SO
far as to compose it of persons not de-
elared by the Governor to be "duly cleo
ted" would not only be inconsistent with
the Organic act, but absolutely against it.
No such attempt can therefore be made
by the Legislature withouta violent usur-
patton of power. But this is, of course,
just what We calculated on. Those peo-
pie who so wrecklessly invaded our Ter
ritory and trampled down our rights,
need not be expected to pause in their
work of violence because the Law or the
Constitution interposes difficulty. Le-
gal OF Constitutional barriers are readily
aba:ed by the strong arm.