The Fairfield herald. [volume] (Winnsboro, S.C.) 1849-1876, 1856-02-07

tueh iaiteu 10 make the hrst step III its le-
gal organization--tliat of ordering the
census sorenumeration of it's iuhabitants--
until so late day that tue election of
the members of the Legislative assem-,
bly, did not take place until the 3Otb
OF March, 1900, nor its meeting unit
the second of July, 1865. So that, fol
year after the Territory was consti-z
tuted bv the act of Congress aud the
officers to be appointed by the Federal
Executive had been commissioned, il
was without complete governments,
without any Legislative authority, with
out local law, and of course without
the ordinary guarantees Of peace aud
public order.
In other respects, the governor, in-
stead of exercising constant vigilance
and putting forth all his energies 10
prevent or counteract the tendencies
to illegality, which are prone to exist
in all impertectIy organized and new
~ associated communities, allowed his
attention TO be diverted from official
obligation by other objects, and him
self set an example of the violation of
law in the pt rformauce of acts which
rendered il NY duty, in the sequel, to
remove him from the Office Of chief
executive mag gislrate of the Territory.
Before the requisite preparation was
accomplished for election Of terrific.
rial legislature, an election of delegate
TO Congress had been held i'm the Ter
ritory on tho 29th day of Now, 1854,
aud the delegate took his seat in the
House of Representatives without chal-
lenge. l! arrangements had been per-
fected LY the Governor so that the
election for members Of the Legislative
L. n. L.. 4
precincts at the same time as for dc.
legnte to Congress, any question ap-
pertaining to the qualification OF the
persons voting as people of the Terri
tory would have passed necessarily aud
at once under the supervision of Con-
gress, ns the judge of the validity of
the return oI the delegate, and would
have been determined before conflict
ing passions had become inhamcd Sby
time, aud before opportunity conld
have been afforded for systematic iii-
reference of the people of individual
States.
This inte ference, in so far as eon-,
Germs s'primary. causes and It's iuffne-
diate coinmen, cUHsent WAS one .of the
incidents of tla. pernicious agtfulion
on the subject OF The cond.gf6n of
the colored persons held to sefpice i'm
some uf the States, which iias5sp long
disturbed the reposec of oui country,
and excited individuals, othsf Ssisisss pa.
triotic and law.AbtiiI.sRasf3sl liki With
mIsdh ccted zetN rs Ii ia II ~ ~ pros
pagase thsiE & s.,
vision '''sf ''ssssfi
gressS 4 lI 4 S 6,'.i & Il & +. s.i Isa stsS
whgs ilf & tss q ai}, ~.
,Sy III u Ss ~,
6a 81, ~ III i'd lssl I. " 4 ss.
tlsHif lsf sts al ia & i..| * 8 4, ~
zat 81. .'.s' IS '''S,s l,,ssS1
Sdas .is,S sslil lh6 .aiIis.As
of ft.k isl ii sls. 81 s.,.. s. ID,
10 juS5 f }.l ives ii lis fi,n,,sSx
was inSF Il & ~ & sSt'v IL.
tiUi.s of II q lisl 's 1 ils.s TAD
recourse, ID s'ss IS q izsi 5 isi,ie s, Z lses
raj object, to the s2ssifItsf meas.
ure Of propagandisl ~ 81 ii the
Territory OF Kansas, to prevent the free
and natural action of its inhabitants I'm
in it's internal organization, and thus 10
anticipate or to force the determination
of that question in this inchoale State
With such views, sssuciations were or
ganizediD some of the States, and their
purposes we're proclaimed through the
press in language extremely irritating
and offensive to those of whom the colo
nists were to become the neighbors
These designs aud acts had the neces-
sary consequence to awaken emotions
OF intense indignation in Slates near
to the Territory Of Kansas, and espe.
cially in the adjoining State Of Missou-
ri whose domestic peace WAS that the
most directly endangered; but they are
far from justiiymg the Illegal and re-
preheIsible counter!nOyements which
leneued. ~.
Under these inauspicions circumstan-
ces the primary elections for members
OF the Legislative assembly were held in
most,if not all, Of the PRECINCTS at the
time aud the places, nd2by the persons
designated and appointed by the Cover
nor according to law.
Angry accusations that illegal votes
had been poliet, abounded on all sides,
and mputations were made botlf of
fraud and violence. But the Governor,
in ilie exercise of the power, and the
| discharge OF the duty conferred and
imposed by law on him alone, officially
received and considered the returns
declared large majority of the men,
bersT of the council and the house of
Representatives "duIy elected !" with.
held certificates from others because of
alleged ilegality of votes; appointed
new eleciion TO supply the place of tho
persons not certified and thus at length,
in all the forms of statute, and with his
own official authentcaiioii5 complete Ia.
gaiity WIS given TO the first he gislatiye
assembly of the Territory.
Those decisions of the returning off.
GERS and of thegovernor are final, exeept
that, by tile parliamentary asage,of the
tcountry applied .olt the organic law, il
nay be conceded that each house OF the
assembly must have been competent To-
determine, In the last resort, the qaal,li.
cations and the election of It's members.
The subject was, by i,s nature, one ap.
pertaining exciusiyely 70. o.aheiurisdiction
Of the local antlorities ot the Territory.
Whatever Irregularities may have occnr-
red iu the elections, 1t see,us TOO Iate
how 10 raise that question. At all events,
u IS aguestionas TO which, neither M w.
nor at any previous time, has tile ieast
possllbie legal authority been possessed by
tie President OF the United S.at.s. -
For all present purposes The Legislative
body, thus constituted and elected, was
the legitiinate assembly OF The Territory.
Accordingly, The governor, by pr5cia.