The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-02-14

Iatase new states, DOW pereeiviog that the policy
Of leaving the Inhabitants Of each state to Judge
for themselves 10 this respect WAS ineradicably
rooted IN the convictions Of the people Of the
Union. then had rccourse In the pursuit OF their
general object, TO the extraordinary measure Of
colonization oi tk territory IL
Kansas. 10 prevent the iree ADD natural action
Of its inhabitants In its internal organization,
and thus 70 anticipate or 10 iorce the determi-
nation ~ that question In this inchoate state.
With such views, associations were organ
lied in some Of the States, and their purposes
were proclaimed through the press 10 language
extremely irritating and offensive TO those Of
whom the coiooists were 10 become the height
borz. Those designs and acts had the neces-
ssry consequence TO awaken emotions Of intense
indignation In States near 10 the territory Of
Kansas. and especially In the adjoining State Of
Missouri. whose domestic peace was thus the
mo~t directly endangered; but they are iar
from justifying the illegal and reprehensible
counter movements which efsued.
Under these inauspicioas circumstances the
primary elections fos members Of the Legislar
tive Assembly wero held 10 most, IL not all Of
the precincts ct the time aud the places and by
the persons designated and appointed by the
oOFfJnW aScofuHK w NV
Angry secnaatious that illegal votes had
been poIIesi abOansied on Nil sides, and imputa-
tiorr were made 81 both fraud and violence
But the Governor, In the exercise Of the power
and the discharge of the duty conferred ard
imposed by law On him alone. officially received
and considered the returns; declared large
majority Of the members Of the Council and
the House Of Representatives duly elected =
withheld certificates from others because Of al.
legel illegaIity VI votes appointed new clec-
ton TO supply the plscc OF the persons not Ger.
tiGcd and thus at length in oil the forms Of
statute, and with his own Official authenfica,
ton, complete legality was given to the first
Legislative Assembly Of the territory.
Those decisions Of the returning officers and
| d the Governor are final, except that, by thu
parliamentary usage OF the country applied ts
the organic law, Il may he co0cesiei that each
House of the Assembly must have been compe
tent 10 determine, in the last resort, the qunlif
cations and the election Of liz members. The
subject WINS, by its nature, one appertaining ex
clusively 10 the Jurisdiction Of the local author
tiles Of the territory. Whatever irregularities,
may have occurred In the elections, It seems tot
late now TO raise that question. At oil events
II Ia question, m 20 which, neither now nor q,
any previous time, has the least possible lega
authority been posscsssi by the President o.
| the United States. For I'll present purpose,
the Legislative body. thus constituted and elect
eti. was the legitimate assembly Of the territory
Accordingly, the Governor, by proclamation
convened the Assembly thus elected 10 meet al
place called Pswnee City. The two houses
met. and were duly organized 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 ths
Governor; and the general business Of leg
islation was entered upon by the Legislative
Assembly
But. after Gw days, the assembly resolvet
to adjourn to another place in the territory A
law was accordingly passed. against the consent
Of the Governor, but In due form otherwise, te
remove the scat Of government temporarily Il
tbc "Shawnee manual labor school," for mis-
sion and thther the Assembly proceehesl.- -
After this, ree.iving a bill for the establishment
of terry at the town Of Kickapoo, the Gov
ernor refused to sign II, and. by special message
assigned for reason Of refusal. not anything
objectionable in the bill ITSELF nor any pretcncs
OF the illegality or incompetency Of the Assem-
bly, as such. but only the fact that the Assem-
bly, had by its act transferred the scat Of gov
ernme,t temporarily from Pawnce City te
shawnee Mission. For the same reason h
continued TO refuse TO sign other bills until. il
thu course Of few days, he, by official message
communicated to the Assembly the fact thai
he had received notification Of the termination
Of his functions a. Governor. and that the du
tics Of the Office were legally devolved on tn,
Secretary of the territory thus tolthe last re
cognizing the body as a duly elected and con
stitnted Legislative Assembly.
1t will be perceived that II any constitution
al defects attached TO the legislative acts of thu
Assembly, it Is not pretended to consist IN ir
regularity Of election or want Of qualification
Of the members. but only In the change Of its
place Of session However trivial the objection
may SEEN 10 be, il requires to be considered, be
cause upon II Is founded oil that superstructure
Of acts, plainly against law, which now threat
ems the peace. not only OF the territory Of IAN
sas, but OF the Union.
Such an objection TO the proceedings Of the
Legislative Assembly was Of cxceptionable orr
gin, for the reason that, by the express terms Of
the organic law. the scat OF government Of the
territory was located temporarily nj Fort
Lavenwosth = and yet the Governor himseli
remained there less than'two months. and Of his
own discretion transferred the scMt OF govern
ment TO the Shawnee Mission. where Il in fac,
was ut the time the Assembly were called to
meet at Pawncc City. If the Governor ha,
any right 20 change, temporarily, the seat ol
government, still more had the Legislative As
sembly. The objection il " exceptiouable orr
gin. for the further reason that the place indica-
ted by the Governor. without having any ex-
elusive claim Of prcftrcncc in itrlf was pro
posed town site only, which he and Others were
attempting To locate unlawtnlly upon land with
in military reservation and for participation
in which illegal act the commandment Of the
post, superior officer Of Che army. has bccn
Dismissed by sentence Of courtmartial,
Nor IL it easy to see Why the Legislative
Assembly might not with propriety pass the
Territorial act transferring its sittings TO the
Shawnee Mission, n IL could not. that must
be on account Of some prohibitory or incom-
pstible provision or act Of Congress. But no
such Provision exists. The organic act, a. al
ready quoted, says, the seat Of government
Is hereby located temporarily 1t Fort leavcn-
worth: and Il then provides that certain OF
the public buildings there. may be occupied
and used under the direction Of the Governor
and Legislative Assembly, These expressions
might possibly b. construed to imply that
when in . previous section Of the act II was
enacted that the first Legislative Assembly
shall meet at such place and on ssch day a.
tho Governor shall appoint" The word place
means place at Fort leaveuworth. not place
anywhere in the Territory. II %, the Cover
nor would have been the 6rst TO err in this