Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1856-02-08
CATION AGRICULTURE AND HE 8EsT INTERESTS or SOCIETY

on the people Of the future new States.
now perceiving that the policy Of
leaving the inhabitants of each State.
TO Judge for themselves in this respect,
vas ineradicahly rooted IN the convic-
tons Of the people cfthe Union, then
had recourse in the pursuit Of their
general object. to the extraordinary
measure of propagandist colonization
Of the Territory OF Kansas, TO prevent
the free and natural action ofits in
habitants in its internal organization.
and thus to anticipate or 10 force the
determination of that question in this
inchoate State.
With such views, associations were
organised in some of the States, and
their purposesvere proclaimed thro'
the press in language extremely irrita-
ting and offensive to those Of whom
the colonists were to become the
neighbors. Those designs and acts
had the necessary consequence to
awaken emotions Of intense indigna-
ton in States near to the Territory of
Kansas, and especially in the adjoin-
ing State of Missouri, whose domestic
peace was thus the most directly en-
dangered; but they are far from justi-
flying the illegal and reprehensible
counter-movements which: ensued.
Under these inauspicious circum-
stances the primary elections for men,
bers of the legislative assembly were
held in most, ifnot all Of the precincts
at the time and the places, by the per-
sons designated and appointed by the
Governor. according to law.
Angry accusations that illegal votes
had been polled sbounded on all sides.
and imputations were made both by
fraud and violence. But the Cover
nor, in the 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 members ofthe Council and the
House of Representatives "duly cleo
ted" withheld certificates from others
because of alleged ilIegality Of votes:
appointed new election 10 supply the
place of the persons not certified: and
thus at length. in all the forms Of
statute. and with bis own official au-
thentication, complete legality was
given to the FIRST Legislative assembly
of the Territory.
Those decisions of the returning
officers and of the Governor are final,
except that. BY the parliamentary u.s.
age Of the country applied to the or
ganic law. it may be conceded that
each 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 oc-
Cured in the elections. it seems too
late now to raise that question. At
all events, it is a question as to
which. neither now nor at any preyi-
Gus time. has the least possible legal
authority been possessed by the Pres
ident Of the United States. For all
present purposes the Legislative body
thus cJnstitated and elected. was the
legitimate assembly of the Territory.
Accordingly, the governor, by proc
lamation. convened the assembly thus
elected to meet at place called Paw
nee City; the two houses met and were
duly organized in the ordinary parlia-
mentary form; each sent to. and re-
ceived from the Gorernor the official
communications usual on such occu-
sions; 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, after few days, the assembly
resolved to adjourn to another place
iu the Territory. A law was accord
ingly passed. against the consent OF
the Governor, but in due form other
wise, TO remove the seat of govern
ment temporarily to the Shawnee
Manual labor Mission, and thither the
assembly proceeded. After this. re-
ceiving bill for the establishment Of
a ferry at the town Of Kicapoo. the
Governor refused to sign 1t, and. BY
special message. assigned for reason Of
refusal, not anything Objectionable in
the bill itself. nor any pretense Of the
illegality or incompetency of the as
sembly ss such, but only the fact that
the assembly had by its act transferred
the seat Of government temporarily
from Pswnee City 10 Shawnee Mis-
sion. For the same reason he contin-
ued to refuse to sign other bills. until
in the course of q fsw days be, BY
official message. communicated to the
assembly to the fact that he had re-
ceived notification of tie termination
lof his functions as Governor. and that
the duties OF the Office were legally
devolved on the Secretary Of the Ter
ritory; thus to the last recognizing the
body as a duly elected and constitu-
ted legislative assembly.
1t will be perceived that If any con-
stitutional defeat attached to the Leg
islative acts Of the assembly, 1t is not
pretended 70 consist in irregularity Of
elec ton. or want Of qualification .of
the members. but only in the change
its place of session. However triv-
ial this objection may seem to be. it
requires to be considered. because
upon it is founded all that superstruc-
ture of acts. plainly against law, which
now threatens the peace, not only OF
the Territory Of Kansas, but Of the
| Union.
Such an objection to the proceedings
Of the Legislative assembly was OF ex.
ceptionable origin, for the reason that.
by the express terms Of the organic
law. the seat Of government Of the
| Torr,t,rv xvas tu,o.foI tam orororflv M