Weekly hawk-eye and telegraph. [volume] (Burlington, Iowa) 1855-1857, 1856-03-26

quenCe OF the u1Inne Oh tHo cAfG1A1s sssSsbss.8s
into dangerous c0staet and COLLISION infiamns-
BILE elemenia II was the vice Of Z miseaken Nc.
nj ispn,ctiisfe measures shOaid be taken b.
Cot,ersss to correct sneh lax. If force and vio-
leuce have been substituted for pescefal mea-
sures there, legal provisions should be made and
executed 10 correct all the wrongs such violence
has produced and to prevent their recurrence,
and thus secure fair fui6ilment Of the expert
ment BY peaceful means IS originally professed
and presented in the law.
A succincs statement Of the course and pro-
eress Of the material crents in Kansas, is this
After the passenage Of this law, establishing the
Territory of Kansas, a large body Of settlers
rapidly entered into said Territory, with . view
of permanent inhabitancy therein. Most ofthesc
xere from the Free States Of the West and
North, who probably intended by their votes
and influence, TO establish there Free State,
agreeably to the law which invited thea,. some
part Of these from the Northern States, had been
and aided in this enterprise, by the
Emgrant Aid Society, formed in Massachusetts,
which pat forth some exeriton IN this taudable
object, BY open and public measures, in provid-
ing facilities for transportation to oil peaceable
citizens who desired to become permanent set
tiers in said Territory, and providing therein
hotels, mills. &C., for the public accommodation
of that country. = ~
The Governor of Kansas having, in pursuance
OF law, divided the Territory into districts, and
procured a census thereof, issued his proclama-
ton for the election of n Legislative Assembly
therein, to take place on the S0th day OF March
1855, and directed how the same should be con-
Quoted and returns made to him, agreeably
to the law establishing said Territory. On the
day of election, large bodies Of armed men from
the State of Missouri appeared at the polls, in
IF fho nd hv m
tumultuous carriage and demeanor overawed the
defenceless inhabitants, and by their own votes,
elected a large majority of the members OF both
houses Of said Assembly. On the returns of
said elections being made to the Governor, pro-
tests and objections were made to him in rca-
ton 10 part of said districts, and, az to them,
he set aside such, and such only, as, by the re-
turns appeared to be bad. In relation to others,
covering a majority of the two Houses, equally
vicious in fact, but apparently good by formal
returns, the inhabitants thereof, borne down BY
said violence, and intimidated, scattered and dis
couraged, and laboriEg under apprehensions OF
personal violence, refrained and desisted from
presenting any protest to the Governor in rela-
ton theNto,-and he, then uniformed in rela-
ton thereto, issued certificates to the members
who appeared by said formal returns to have
been elected. s.ss.s.
In relation to those districts which the Gov.
ernorso set aside, orders were by him issued for
new elections. In one of these districts the same
proceedings were repeated by men from Mis-.
souri, and in others not, and certificates were is
sued to the persons elected.
This legislative assembly so elected assembled
at Pawnce on the I'd day of July, 1866, that be-
ing the time and place for holding said meeting,
fixed by the Governor by authority of law.
On assembling, the said houses proceeded to set
a ide and reject those members SO elected on
said second election, except in the districts
where the men from Missouri had, at said cleo
ton, chosen the same persons they had elected
at the said first election and admitted all of the
said frst.elected members. "z a=t-"
usuRPATIoN AND MULTIPLICATION.
A Legislative Assembly, SO created by militia
ry force by foreign invasion, in violation Of the
organic law was but unsurpation. No act ofits
own-no act or neglect of the Governor, could
cgalize or sanctify it. Its own decisions as to
its own legality are like its laws but the fruits
Of it, own usurpation, which no Governor could
legitimate.
They passed an act altering the place of the
temporary seat OF Government to the Shawnee
Mission, on the border, and in near proximity to
Missouri. This act the Governor regarded as a
violation of the organic law establishing the Ter
ritory, which fixed the temporary seat of Gov
eminent, and prohibited the Legislative Assem-
bly, from doing anything inconsistent with said
act. He therefore, and for that cause, vetoed
said bill but said Assembly repassed the same
by a two-third majority, Notwithstanding said
veto and removed 10 said Shawnee Mission.-
They then proceeded to pass laws and the Gov
ernor, in writing declined further to recognize
them as Legitimate assembly sitting at that
place. They continued passing laws there from
the 10th day of July to the 3lst day of August,
1855. -.s -.....- .-...s T., ,..... .a,--.
On the 18th day of August last the Governor
ofsaid Territory was dismissed from Office, and
the duties devolved upon the Secretary of the
Territory; and how many of the laws passed
with his official appreciation does not appear
he laws as now presented being without date or
authorization.
As by the law of Congress organizing said
Terrific ry, it was expressly provided that the
people OF the Territory to be left perfectly
tree form and regulate their domestic insti-
lutio rs savery.s included, it was, of course i'm
pile that that subject was to be open and free
10 public and private discussion in all its bear
III: g rights and relationship. Among these
II ust OF course be the questions of what was the
tate of the eristing lars and the notifications
that might be required on that subject. The law
has declared that its true intent and meaning
was not to legisate slavery into the Territory or
exclude 1t thereirom." This would, of course
leave to that people the inquiry-what then are
the existing rights under the Constitution Can
slaves be holden in the absence of any law on
the subject. This question, about which so much
difference of opinion exists, and which Congress
and the courts have never settled, was thus tur-
ned over to the people there, to discuss and set
tie for themselves. ,. OK. 49,, ..s r. z,. .-t-
This Territorial Legislature so created by force
f,,N,N ~
sion on the subject but assuming that slavery
already ex sted there, and that neither Congress
nor the people in the Territory under the au-
thority OF Congress, had Or could prohibit it,
passed law which, if enforced, utterly prohibits
all discussion of the question. The llth and 18th
sections OF that act are as follows -Fss
Sec II. If any print, wri,e Introduce into
publish circulate to be brought into, printed
written published circulated, shall knowingly aid
assist in bringing into, printing, Publishing circulating
within III is Territory, amy book, paper, pamphlet, maya
ne, ham bii circular, onaining any Statements
yunent, opinion sentiment, dOctrine ddcce, inuen
TO- cuLcn 1tea produce disorde.ly, dangerous
Deious satisfaction among the slaves in this Territory
masters, to resist their authority shall be guilty Of
iOay and be punished by Imprisonment at hard labor for
terli not less than five years. 10 ia -aEEE II
Sec r. Ii any free person, by speaking writing
sert or aintuiR Gt persons haze not the right to hold
sages in this 1ifOry, shall ingoduceinto this Ter
ito print, publish write circulate or cause to Dc intro
circulated in this Territory, any book paper magazine
pan pallet or CIRCULAR coiiing any dehidl fae right
If persons to hold skUes in this Territory such
shall be deemed guilty cftkony, and punished by i'm
prisoument at hard labor for term not less than two
years. , .,.- II. ,.s E -. are. & ,ss,... g.
This act further provides that no person,
'conSc.entiously opposed 10 holding slaves"
shall sit az juror in the trial of any case found
ed on a breach OF the foregoing law The act
further provides that all officers and attornies
Shonld be sworn not only to support the Cons,i-
tuition OF the United States, but also to support
and sustain the organic law otthe Territory and
the Fugitive Slave law; and that any person
Offering to vote shall be presumed to be entitled
10 vote until the contrary is shown; and if any
one, when required, shall refuse to take oath 10
sustain the Fugitive Slave Law, he shall not be
permitted to vote Although they passed law
that none but an inhabitant who had paid a tax
should vote, yet they required no time of resi-
leace necessary, and provided for the immediate
ola poll tax, so providing in effect that,
on the eve OF an election, the people of a neigh
boring State could come in, in unlimited num-
bers, and by taking up residence Of Il day, or
An honr, pay poll tax, and thus become legal
voters, and then after voting return to their own
State. They thus, in practical effect, provided
Tor the people of Missouri TO control elections at
their pleasure and permitted such @onlv nf tho