Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1856-01-29

This interference in SO far as concerns its pri-l
mary causes and its immediate commencement,
was one of the incidents of that pernici0us agi-l
tation on the subject of the condition of the coll
ored persons held to service in some of the States
which has so long disturbed the repose of our
country, and excited individuals, otherwise pa
triotic and law-abiding, otoil with instructed
zeal inthe attempt to propagate their social theor
les by the pervision and abuse of the powers of!
Congress.
The ptrso IS and parties whom the tenor of the
act to organize the Territories of Nebraska and
Kansas thwartetl in the endeayor to impose
through the agency of Congress, their particular
views of social organization the people of the
future new States, now perceiying that policy of
leaving the nhabitBnts of each State to Judge for
themselves in this respect was internationally root
ed in the convictions Of the people ofthe Union
then had recourse, in the pursuit of their gener-
al object, to the extraordinary measure of pro-
pagandist colonization of the Territory of Kan
Sas to prevent the free and natural action of its
inhabitants inits internal organization, and thus
to anticipate or to force the determination of that
question in this inchoate State.
With such views associations were organized
in some Of the States, and their purposes were
proclaimed through the press in language ex-
tremely irritating and offensive to those ofwhom
the coIoniStS were to become the neighbors.-
lIOSe lile llcCtSbdCS
qucnce to awaken emotions of intense indigna-
ton in States near to the Territory of Kansas,
and especially in the adjoining State of Missouri
whose domestic peace was thus the most directly
endangered; but they are far from Iustifying the
Illegal and reprehensible counter-movcments
which ensued.
Under these inauspicious circumstances, the
primary elections for members of the Legisla-
tive Assembly were held in most, if not all, of
the precincts at the time and places and by the
persons designated and appointed by the Gov
ernor according to law.
Angry accusations that Illegal votes had been
polled abounded on all sides, and imputations
were made both of fraud and violence 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 consid-
cred the returns; declared a large majority ofthe
members OF the Council and the House of Rep
resentatives duly elected; withheld certificates
from others because Of alleged Illegally ofvotes;
appointed new election to supply the place of
the persons not certified; and with his own of
fetal Authorization, complete legality was
given to the first Legislative Assembly of the
Territory.
Those DESTROYS of the returning officers and of
the Governor are final except that, by the par
iamentary usage of the country applied to the
organic law, it may be conceded thateach 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 ques
ton as to which, neither now nor at any pre-
vious time, has the least possible legal author
ity been possessed by the President of the Uni
ted States. For all present purposes the legis-
ativc body, thus constituted and elected, was the
legitimate assembly of the Territory.
Accordingly, the Governor, by proclamation
convened the assembly thus elected TO meet at
a place called Hawnee City. The two Houses
met, and were duly organizad in the ordinary
parliamentary form; each sent to and received
from the Governor the official communication
usual on such occasions; an elaborate message
opening the session was communicated by the
Governor; and the General business of legiSa-
ton was entered upon by the Legislative Assem-
bly,
But, after few days, the Assembly resolved
to adjourn to another place in the Territory
sent of the Governor, but in due the 2aP=
wise, to remove the seat of government tempo
rarily to the Shawnee manuaElabor school, Tor
1nissiOn), and thither the Assembly proceeded
of a ferry at the town of Kickapoo, the Cover
nor refused To sign it, and by special message,
assigned for reason Of refusal, not anything OBJ
jectionable in the bill ITSELF nor any pretence of
the ilegality or incompetency of the Assembly
as such, but only the fact that the Assembly had
by its act transferred the seat of government
temporarily from Pawnec City to Shawnee Mis-
sion. For the same reason he continued to re-
fuse to sign other bills, until, in the course of
few days, he, by official message, communicated
to the Assembly the fact that he had received
notification ofthe termination of his functions as
Governor, and that the duties of the office were
legally devolyed on the Secretary of the Terrific.
ry; thus to the last recognizing the body as a
tluly-elccted and constituted Legislative As
sombly.
twill be perceived that if any constitutional
defect attached to the legislative acts of the As
sembly it is uot pretended to consist in irregu-
larity Of election or want of qualification of the
members, but only in the change of its place of
session. However trivial the 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 ofthe Territory of Kansas.
but Of the Union
Such an objection to the proceedings of the
Legislative Assembly was Of exceptionable ori-
gin, for the reason that, BY the express terms of
the organic law, the scat of government of the
Territory was located temporarily at Fort Lea
venworth;' and yet the Governor himself re-
mained there less than two months, and Of his
own discretion transferred the seat of govern
nent to the Shawnee Mission, where it in fact
was at the time the Assembly were called 10 meet
at Pawnee City. If the Governor had any such
right to change temporarily the seat Of govern
ment, still more had the Legislative Assembly.
The objection is of exccptionabIc 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 u.,lawfully upon land within military
reservation, and for participation in which lille
gal actthe commandment Of the post, superior
officer of the army, has been dismissed byscn-
tenec of court-martial.
Nor is it easy to see why the Legislative As
sembly might not with propriety pass the Ter
ritoras act transferring its sittiDgs to the Shaw
nee Mission. If it could not, that must be on
account of some prohibitory or incompatible
provision of act,of- Congress- But no such pro-
vision exists. The organic act rs already quo
ted. says "the seat of government is hereby To-
Gated temporarily at Fort Leavenworth;" and it
then provides that certain of the public build