Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1856-02-01


TO those Of whom the colonists were to be-
come the neiehbors. Those designs and
acts had the necessary consequence to awake
emotions Of intense Indignation in States
near to the Territory Of Kansas and espe-
clally in the adjoining State Of Missouri,
whose domestic peace was thus the most d.
rectly endangered; hut they are far from
iustifying the illegal and reprehensible coun-
ter-movements which ensued.
Under these inauspicious circumstances
the primary elections for members of ihe
Legislative Assembly were held in most #
not all of the precincts at the time and the
+ places, aud by the persons designated and
( appointed by the Governor, according to
law.
Angry accusations that Illegal votes had
been polled ab1uudcd on an sides, and i'm
puratons we're made both of fraud and vlo-
lence. But the Governor. N the exercise
Of the power and discharge Of the duty con-
ferred aud Imposed by law on him alone, of
p fcully received and considered the returns
declared large majority Of the members Of
the Council and the House Of Represent.
atlyes duly elected y withheld certificates
from other. because ut alleged Illegally Of
votes appointed new election To supply
thus Mt length, IN all the forms Of statute,
aud with his own Official authorization, com
plete legality was gwen 10 the FIRST Lcglslt-
tive Assembly of the Territory.
Those decisions Of the returning officers
and of The Governor nre hual, except that,
by the parliamentary usage OF the country APP
plied tn the organic law, 1t may be conceded
that each House of the Assembly must have
d. D a..
sort, the qualifications and the election Of lis
members The subject was, by Ms nature
one uppertaInug exc 'usively To the iursdlc-
tion OF the local authorities oi the Territory.
Whatever irregularities may have occurred
ln The elections, q seems too late now u
raise that question as to which, neither now
Ior at any previous time, has the least possl-
BILE legal authority been possessed by the
/ President Of the Unued states. For all
present purposes the leg slatlve body, thus
constituted aud elected was the Legitimate
assembly of the Territory
/ Accordingly the Governor by proclama-
lion, convened the assembly thus elected 10
meet at a place cnlled Puwnee CITY. The
two Houses met and were duly orpanized In
the ordinary parliamentary form; each sent
20 aud received irum the Governor the m
cal communications usual on such occa.
slons an elaborate message, opening the
session, was communicated by the Governor;
and the general business of Legislation was
entered upon by The Legislative Assembly.
But ai'cra few days the Assembly resoy-
ed 10 aijIur tn another place m the Tern F.
tory a law WIS accordingly pnss3d, against
the consent of The Governor, but m due form
Otherwise, to remove the sent If government
Temporarily 10 the Shawnee Manual Labor
School - Tor missionl. and ia tb.rthe Assc,,
bly proceeded After Tins. receiyin, a hin .
for the establishment of ferry Al the Town
of Kick p,o. the Goyernnr refused ,o sign
n. and bv spccial mes.sre assign.d t,r r'n
son of refusal not anything obie-t,,p,hls =,
the blll itself NOR pny nrelrn.o nc, bs ,llo,ol
ity or inconpetenry of the Assemble Ms
sncb. but only the TACT tbnt the Asso,'bi,
had bv this act transferred the soai or goc'
eminent tennorllv fr,m p,wnee C,,,, 70
shawnee Mission For ibe saua roa.on he
continued lo refuse IA sign ufbar biIs n,,J
In the course of a few DAYS. be. bv ofErai
llessnpe. co,nm, nicated tn tho Ass,n,bly,l,a
act he had received notification az The Tor.
min,ition of his functions ns Govnrn,r ,nJ
that the duties of the office were legally de-
veloped on the Secretary nf the Terriiorv.
TnnuTnIVfUIF hftn M
duly elected and constituted l.e,,islaiivc A..
semblv.
It will be perceived that if any c,ns,itu.
tional defect attached 10 the Legislative acts
of the Assembly. II If. moi utstended IA c,,,,-
sist m irregulfrlty of election or wan, of
qualifications of the members. bnt only IN
The change of MS plara Of session. How.
ever trivial the ob,.ction. may searn IA ba ~
require, go DO considered. because upuo II II
founded all that supers,ruclute of acts. PLAIN
ly against law, which now threatens the
pence, not ouly ot the Territory OF Kansas
but OF the Union
Such an objection 10 the proceedings Of
the Legislative Assembly was OF exception
able origin. for ihc reason that, by the eX-
press terms ol Tue organic law, the seat of
government Of The Territory WAS " located
Temporarily at Fort Le,venwonh;' aud yet
the Governor remained there less Than two
months, aud OF his own discretion transfer
red the seat OF government 10 the shawnee
MISSION where II IN lact was at The time the
Assembly were called 10 meet at tawnee
Iily. II the Governor had any such right
TO change temp ranIy the SEA. Of Govern
meni' slil more had the Legislative ASSEM-
bly,. The objection Is of cXccp'luuable orl
-'' i"l 'ia lN'lH'i l'"NNu IWHl lUH Vlitt ~
dicated by the Governor, without having an
exclusive clam Of preference IN itself, was
proposed town site only, which be ana otis
ers were attic ping Ia locate unluwiuIly up.
ON land within military reservation, and for
participation IN which Illegal act the com
mandant uI post, superior officer of the
Army has been dismissed by sentence of
couri-marlal.
Nor Is II easy To see why the Legislative
Assembly might noi with propriety pass the
Territorial act transferring It's slttlngs to the
Shawnee Mission If 1t could not, that must
be on account Of some prohlbItory or incom-
patable provision Of act Of Congress. But
no such provision exists. 7 he organic act,
as already quot d, snys the seat of governs
mrnt Is hereby located temporarily at Fort
Leavenworlh y and It then provides that
certain of the public buildings there 8" may
be occupied and used under the direction Of
the Governor and Legislative Assembly,