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

i
bly, did not take place until the 3Otb
OF March, 1866, nor its meeting untlg
| the second of July, 1865. So that, fol
year after the Territory was consti-
| tuted by the act of Congress aud the
officers to be appointed by the Federal
Executive had been commissioned, il
was without a complete government,
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-
sIead of exercising constant vigilance
and putting forth al! his energies 10
prevent or counteract the tendencies
TO illegally, which are prone to exist
in all imperfectly organized and new
attention TO be diverted from official
obligation by other objects, and him
self set an example of the violation of
law in the performances of acts which
rendered it my duty, in the sequel, to
remove him from the Office OF chief
executive magistrate of the Territory.
Before the requisite preparation was
accomplished for election of terrific
rial legislature, an election of delegate
to Congress had been held in the Ter.
ritory on the 29th day of Nov, 1854,
| aud the delegate took Ills seat in the
House of Representatives without chal-
lenge. Ii arrangements had been per-
fected by the Governor so that the
| election for tnembers Of the legislative
assembly might be held in the several
preclncts at the same time as for de-
legate to Congress, any question APP
pertaining to the qualification of the
prrsous voting as people of the Terri
tory would have passed necessarily and
ut 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 inflamcd 6by
time, aud before opportunity could
have been afforded for systematic iii,
reference of the people of individual
States.
This inte ference, in so far as dom
Germs itstprimary causes and It's ip3ne-
date coiDnlon, cohsent WAS one .of tile
incideuts of that pernicious Agitation
on the subject of lle condsi0n OF
the colored persons held to Service lin
some of the States, which iiasbs0 long
| disturbed the repose of ouh country,
aud excited individuals, othsfsssse pa
triotlc and la%,nbiats,ga lsli with
m'sdh ected 1ete nsfl y y ~ es
pagale thsiE II Ii Esls.si |l3Sss.
vision lls5s a, ,oi 81
gresa, ! s3 Ssi, kSk i st'A
wi he f;. R 4 So & 'i r ~ az 4 i5nixni
the ii : S,s' 81 tI s. K 4 Nud aas
saS III tI'Ei 81 .Ii',e n 10 AM
haS ''es ptgSsss,
a. a.. !ss'.s'' new
s!ass |'::ss e: a''l s '' y raliess
TO jdgek 6'l s|.siii asIsNS llsis st
was ;hdftilt ~ X on3ff & .ttl0 TttfVfDt
tons OF silsk it'd d Chs. lie,tlsasI
recourse, fu She tiil Sd 81 fieif Gene
raj object, tdsatl edf2| IT n. siSeas-
Territory OF Kansas, To prevent the flee
and natural action of its inhabitants dn
in it's internal organization, and thus %
anticipate or to force the determination
Of that question in this inchoate State.
With such views, associations were or
| ganized in some of the States, and their
purposes were proclaimed through the
press in language extremely irritating
| and offensive to those of whom the colo
nists were to b., come the neighbors
| These designs aud acts had the neces-
sary consequence to awaken emotions
OF intense Indignation in States near
to the Territory Of Kansas, and espe-
cially in the adjoining State oi Missou.
ri whose domestic peace WAS that the
most directly endangered; but they are
far from justiyIng the Illegal and re-
1 preheIsibie counter.movements which
ensued.
Under these inauspicious circumstan-
ces the primary elections for members
OF the Legislative assembly were held i'm
most, ii not all, Of the precincts mt the
time aud the places, and by the persons
designated and appointed by the Cover
nor according to law. ~
Angry accusations that illegal votes
/ had been polle,. abounded ON all sides,
| and imputations were made botif of
fraud and violence. But the Governor,
in tile 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 a large majority of the menu
bersfof the council and the house of
representatives "duly elected !" with.
held certificates from Others because Of
alleged Illegally of votes; appointed a
new election to supply the place of the
/ persons not certified and thus at length,
4 IN all the FORMS of statute, and with his
4 oittpiui compete les
gality WIS givento the first 10 gsIatiye
assembly of the Territory
Those decisions Of the returning Off.
GERS and of the governor are final except
that, by the parliamentary usage OF the
eountry applied to the organic law, il
maybe conceded that each house OF the
assembly must have been competent to
determine, in the last resort, the aualifi-
cations and the election of It's members.
Tie subject was, by iis nature, one ap.
pertaining exclusiyely 10 the ;urisdiclion
Of the local au,horiiies 81 the Territory.
Whatever irregularities may have occur.
red iu the elections, 1t seems TOO late
how 10 raise that question. AT all events,
~ is aguestion as 10 which, neither now,
nor az any previous time, has tile least
possible legal authority been POSSESSED by
tue President OF the United States. -
| For all present purposes the Legislative
body thus constituted and elected, was
tbelegitimate assembly Of the Territory.
Accordingly, the governor, by procla-
nation, convened the assembly tI,,is
elected TO meet at place called Paw.
nee City; the two houses met aitd we're
'duly organized III the ordinary parlia-
E.r.,,s D. .,,... =.