Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1855-09-06

mentioned in late letter that Judge Elmort
had resolved not to submit to the Presidents un
constitutional exercise Of power in removing hin
from his Office as an Assistant Judge ofthe Terri
tory of Kansas To the kindness Of His Honor
am indebted for the following copy of his letter tc
the Attorney General Of the United States:
SHAWNEE MISSION, Thursday Aug. 2S 1855.
Sin. received yours of the 9th on the goth.
did not expect the explanations and reasons assign
ed in my communication of the 18th July, to have
been satisfactory to the President for felt confident
that the Presidents being dictated altogether
by political policy, which would not be successful
without the removal of an equal number of Terri
torial officers from the North and from the South,
was fully determined upon lex parte as 1t evidently
was on the date Of your letter Of the 18th of June
and give the statement of the facts, and the rea-
son which induced me to become a party to those
contracts, in the way Of explanations, so that the
facts and my reasons might be placed on file in the
Department.
The Legislature has deemed it proper and right
to locate the seat of justice in and for the county
of Calhoun at the town of Calhoun town laid
out on the reserve granted to the halEbreed Kan.
sas Indians lin which neither of the parties to the
contracts heretofore submitted by Governor Reed
err and others have any interest whatsoever, and
conceived for one moment that by so doing they
apparently violated the acts of Congress, or the
regulations Of the Department / asked for in
formation, what act of Congress and what regula-
tions of the Department had apparently violated,
and consider that had right TO expect that
should receive such information, and as il has not
been given, must think that have not appa-
rently violated even the spirit of single act OF
Congress or regulation Of the Department other
wise the information would have been impaired in
your letter Of the 9th instant.
The 9th section of the act known as the Ne
braska and Kansas Act fixes the tenure OF Office Of
the Judges Of the Supreme Court in these words,
and they shall hold their Offices for the period OF
four years and until their successors shall be ap
pointed and qualified" No power is given by
the bill 10 the President to remove. And If you
will examine the tenure of Office Of the Governor,
the Secretary, the District Attorney and Marshal,
YOU will see marked difference. The power to
remove all and each Of these officers is expressly
retained in these words, unless sooner removed
by the President" (See the 20th 2lst, 9th and
goth sections pamphlet acts 1864, p. 2S4.)
must think, If the English language means any
thing that the President has not the power or the
right to the Judges Of this Territory at his
will and pleasure and, as the Territorial Legisa-
ture has deemed IL right aud proper TO express an
opinion on the subject which is contained in the
resolutions herewith enclosed, cannot consent to
the action Of the President, and hereby give no
tico that / shall resist this action through the
courts Of the country. Respectfully,
RUSH ELM0RE.
Tho HIM C.lPp CrsuIxa