The Kansas herald of freedom., 1855-09-08

ucAS doh4bS iOl tAS 1S-1s0toA oa oNoSS
LEcohPTE, is in circulation through the
Territory. If Nr. Pierce can resist the
prayer of the memorialists, he will hare
the consolation eff knowing that every
person in the country Hilfconeeise that
he is negligent of duty he ows the peo-
pie of Kansas.
MEMORIAL
To HIS ExcELLENcY, FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES -
SIR: The undersigned, citizens of
Kansas Territory, respectfully ask the
attention of your Excellency to the
course recently pursued by S. D. Le-
compte. Chief Justice of the Supreme
Court of said Territory. in the matter of
a certain opinion pronounced by said
Chief Justice. and concurred in by
Rush Elmore, late Associate Justice of
said Court, while sitting at the Shawnee
Mission, in regular session of said Su-
preme Gourt-a copy of which opinion
is herewith respectfully transmitted to
your Excelleney.
On the 5.A of July last, the Legisla-
tive Assembly of the Territory submit
lied TO tie Governor thereof, for bis ap-
proval, a bill fixing the seat of govern
ment of the Territory temporarily at the
Shawnee Mission. This bill the Cover
nor returned with his objections, where
upon it Immediately passed both Houses
by twe-thirds majorities. Accordingly,
the Legislative Assembly adjourned
from Pswnee, the place at which they
had been convened, by authority of tic
| Governor, and met On the 18Th of the
same month, at the Shawnee Mission
+ On the 2lst. of July, two bills. which
had passed both branches of the Legis-
latlye Assembly were presented TO the
Governor for his approval; but were re-
turned without it, on the ground that Nc
bills passed by the Legislative Assem-
bly, while in session at the Shawnee Mis-
sion, could even with his signature. be-
come valid and binding enaclments. La
order to overcome, if possible, tie conse-
quence of the diversity of sentiments and
actions between the Legislative and Ex.
ecutive departments of the Government
and to obtain. in advance of tie regulal
course of Legislation, the authority o
| judicial decision in favor of the validity
OF the laws passed at the Shawnee Mis-
sion, the Legislative Assembly, by joint
resolution, appealed directly TO the Su-
preme Court of the Territory, for sum-
mary adjudication of the subject; and,
strange to say, this most extraordinary
application was promptly complied with
by a majority of the Court, and a formal
decision in favor of tie validity of legis-
lation at the Shawnee Mission pro-
nounccd by Chief Justice Lecomp;e-
The whole proceedings, however, mel
with decided dissent from associate
Justice JOHNSTON, who filed among the
records of the Court his objections to
The same.
In this proceedings, your Excellency
will perceive an attempt to interposc the
authority of the judiciary between
tie Executive and Legislative Depart
ments of this Government, III order to
eounteract and nullify the jux and con-
stitutional action of the former in con-
trolling the proceedings of the latter
the effect of which most unauthorized
and Illegal attempt is a formal and con
trolling pre-judgment and settlement oi
the law in every case which may here.
after arise before the Chief Justice, in.
volving the validity of enactmenls passed
at the Shawnee Mission, by the late Leg
islaliye Assembly of the Territory.
1t is quite unnecessary. in addressing
one SO converSant as is your Excclency
with the propriety of judicial proceed
ure, and the essential principles which
govern the tribunals of all civilized com
muni;ies in the administration of justice
10 dwell upon the unparalleled delin-
quency involved in this conduct of the
Chief Justice Lecompte. Whatever
may have been the merits of the contro-
versy existing between the Governor
and the Legislative Assembly of the
Territory, no person possessed of the
first rudiments of legal learning but
knows that that controversy, as it then
stood, was a matter utterly foreign to the
province of the judiciary, and orel
which it could exercise not the slightesl
legitimate jurisdiction whatsoever The
meIest tyro in matters pertaining to thc
profession, is aware that a fundamenta
principle of Jurisprudence demands TIA
both the law and tie facts of every cas-
to be adjudica;ed by a legal tribuna
shall be brought before it according t
well defined and systematic processes
land only decided ON after full and sat
isEactory exposition and argument from
the parties litigant 1t is, in fact, jus
this. and nothing else, that Courts ar
organized to do and no tribunal of jus
tice can fail to function according with
out doing violence to It's own constitution
and the end for which it was ordained
i We, therefore, respectfully submit {.
| yeur Excellency that this conduct on tn
part -of the Chief Justice of Kansas wa
a most gross direlcction from judica
lpropriety of the object anC
functions of Court of Justice-indi
cating on the part of said Chief Justice
either an utter miseoaception of the ma
lure and powers of the Judicial Office. oi
a wilIful intent to peryert and misuse ils
saIne-pufting in peril the rights OF ths
| inhabitants of the Territory, and bring.
ing into contempt the authority of the
Court.
We therefore, pray your Excellency
that S. D. Leccmpte. the present Che
Justice Of Kansas. be removed from the
Office lie holds, and some person appoint
ed in his stead, who will allow tie in.
fbabitants of the Territory, submitting
! the question of their rights 10 the arbi-
trament of The Court, fair and impair.
tial hearing uncontrolled by pre-render-
ed or extra judicial judgments or decis.
lions; 10 the end that justice may bt
i done, and the respeeiability Of the Ter
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