Washington telegraph., 1856-02-27
ppointed by the the Governor according to

law.
Angry accusations that illegal votes had
been polled abounded on all sides, and i'm
putations we're made both of fraud and vio-
lence. 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 re-
turns. declared large majority of the MEM
bers of the Council and the House of Rep
resentatives duly elected - withheld Ger
ti6cates from others because of alleged lille
gality of votes; appointed new election 10
supply the place of the persons not certified;
and thus at length, in all the forms of stat
ute and with his own official authenticatior,
complete legality was given to the first leg
islative 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 con-
ceded that each house of the assembly must
have been competent to determine, in the
last resort. the qualifications 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 irregularities may
have occurred in the elections. it seems too
late now to raise that question. At all
events it is a question as to which, neith-
er 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, b. rroclama-
tion, convened the assembly thus elected, to
meet at place called Pawnee City the
two houses met and we're duly organized in
the ordinary parliamentary form each sent
to, and received from the Governor, the Off
cial communications usual on such occasions;
an elaborate message opening the session
was communicated by the Governor and
the general business of legislation was en-
tered upon by legislative assembly.
But, after few days. the assembly re-
solved 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 Mission, and
thither the assembly proceeded. After this,
receiving bill for the establishment of
ferry at the town of Kickapoo, the Govern
or refused TO sign it. and, by special mes
sage assigned for reason of refusal, not any,
thing Objectionable in the bill itself. nor
any pretence of the illegality or incompe-
tency of the assembly as such, but only the
fact that the assembly had by its act trans
ferred 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 du-
ties of the Office were legally devolved on
tie secretary of the Territory !; thus to the
last recognizing the body as duly elected
and constituted legislative assembly.
1t will be perceived that. if any constitu
tional defect attached to the Legislative acts
of the assembly. it is not pretended to con-
sist in irregularity of election, or want of
qualification of the members, but only in
the change of its place of session. Howev-
er trivial this objection may seem to be, it
requires to be considered, because upon it
is founded all that superstructure of acts.
plainly against law, which now threatens
the peace, not only of the Territory of Kan
sas, but of the Union.
Such an objection to the proceedings of
the legislative assembly was of exceptiona-
BILE origin. for the reason that by the ex
press terms of the organic law, the seat of
government of the Territory was located
temporarily at Fort Leavenworth." and yet
the Governor himself remained there less
than two months. and of his own discretion
transferred the seat of government to the
Shawnee Mission, where it in fact was at
the time the assembly were called to meet
at Pawnee City. Il the Governor bad any
such right to change temporarily the seat of
government. still more had the legislative
assembly. The objection is of exceptions
bic 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 un-
lawfully upon land within a military reser-
vation. and for participation in which illegal
act the commandant of the post-a superb
or officer of the army-has been dismissed
by sentence of court martial.
Nor is it easy to see why the legislative
assembly might not with propriety pass the
territorial act transferring its sittings to the
Shawnee Mission If it could not. that
must be on account of some prohibitory or
incompatible provision of the act of Congress.
But no snch provision exists. The organic
act. as already quoted. says. ''the seat Of
government is hereby located temporarily
at Fort Leavenworth," and it then provides
that certain of the public buildings there
"may be occupied used and under the direc-
ton of the governor and the Legislative Assem-
bly," These expressions might possibly be
construed to imply that when in a previous