Minnesota weekly times., 1856-04-19

manently remaining there, to form and preserve
Free State Constitution. All those who enter
tanned the same sentiments, but were not dispos-
ed themselves to go, had the right and duty to use
all lawful means to encourage and promote the
object. If the purposes could be best effected
by united efforts, by voluntary association or IN
corporation, or by State assistance as proposed
in some Southern States, il was equally lawful
and laudable. 1t was not the offcious intermed-
ding with the internal affairs Of another nation
or State, or the territory of another people. The
territory is the property of the nation, and is
profcssedy open to the settlement and the insti-
tutions of every part Of the United States. If
lawful means extensive as to be effectual, used
to people il with majority of Inhabitants oppos
ed to Slavery, is now considered as u violation of
opposition to the Law establishing the Ter
ritory, then the declarations and provisions OF
that law were but Il premcdltatcd dclusion. which
not only allowed such measures, but actually in
vted them by enacting that the largest number
Of the settlers should determine the condition of
the country; thus inviting efforts for numbers
Such an invitation must have been expected to
produce such efforts on both sides.
1t now becomes necessary to enquire what has
in fact taken place. IL violence has taken place
the natural and perhaps unavoidable cOnse-
quence of the nature of the experiment, bring
ing into dangerous contact and collision lnllam
mable elements. it was the vice of Il mistaken
law, and immediate measures should be taken by
Congress to correct such law. If force and vio
lence have been substituted for peaceful meas
ures there, legal provisions should be made and
executed to correct all the wrongs such violence
and thus secure fair fulfllmcnt cf the expert
ment, by peaceful means us originally professed
and presented in the law.
a succinct statement OF the course and pro-
gresS Of the material events in Kansas is this -
After the passage of this law, establishing the
Territory Of Kansas, Il large body of settlers rap
idlv entered into sai1 Territory with view of
permanent inhabitancy therein. Most of these
were from the Free States Of the West and North,
who probably intended bv their votes and inhu-
ence to establish there Free State, agreeablv to
the law which invited them. Some part of these
from the Northern States had been encouraged
and aided in this enternrise by the Emigrant Aid
Society, formed in Massachusetts, which put
forth some exertion in this laudable object bv
open and public measures, in providing facilities
for transportation to all peaceablc citizens who
desired to become permanent settlers in said Ter
rtorv, and providing therein hotels, mills, and so
forth for the public accommodation of that new
country.
The Governor of Kansas having, in pursuance
of law. divided the Territory into districts and
procured census thereof, issued his prOclama-
ton for the election of Legislative Assembly
therein, to take place on the 30th day of March,
1855, and directed how the same should be con-
Quoted and the returns made to him, agreeablv to
the lawestahish;ng said Territory. On the dav of
the election, large bodies of armed nen from the
State of Missouri appeared at the polls in most
of the districts and by most violent and tumutu
Gus carriage and demeanOr, Ovcrawed the de-
fenceless inhabitants, and by their own votes
elected large ma ority of the members of both
Houses of said Assembly. On the returns Of said
elections being made to the Governor, protests
and objections were made to him in relation to
part Of said districts, and, to them, he set
aside such, and such only, as, by the returns, ap-
peared to he bad. In relation to others, cover
inc ma ioritv of the two Houses, equally vicious
in fact, but apparently good by formal returns,
the inhabitants thereof, borne down by said vio-
lence, and inundated, scattered and discouraged,
and laborng under apprchensions of personal Vi
o!encc, refraned and desisted from presenting
any protest to the Governor in relation thereto,
and he, then uniformed in relation thereto, is
sued certificates to the members who appeared by
said formal returns to have been elected.
In relation to those districts which the Govern
so set aside, orders were by him issued for
new elections. In one of these districts the same
proceedings were repeated by mon from Missouri
and in others not, and certificates were issued to
the persons elected.
This Lee giclati'o c Assembly elect ed .a,semblcI
at Pawnec, or the n day of July 1855, that be-
ing the time and places for holding said meeting
fixed by the Governor by authority of law
On assembling, the said house proceeded to set
aside and re ject those members so elected on
said second election. except in the districts where
the men from Missouri had, ut said election
chosen the same persons they had elected at the
said first election and admitted all of the said
fir>t-cl members.
y Legislative Assembly, so created by militia
rv force, by foreign invasion, in violation of
the organic law, was but usurpatiOn. No act
OF its own-no act neglect of the Governor
as to its own legality are, like its laws, but the
fruits of its own usurp tion, which 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 Government regarded
as II violation of the organic law establishing the
Territory, which fixed the temporary seat of
Government and prohibited the Legislative As
sembly from doing anything inconsistent with
said Act. lie therefore, and for that cause, ve-
toed said bill, but said Assembly repassed the
same by "a two-thrd majority, Notwithstanding
said veto, and removed to said Shawnee Mission.
They then proceeded to pass laws, and the Gov
crnor, 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 10 the 3lst day of August,
1855.
On the 18th day of August last the Governor
of said 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
the laws, as now presented, being without date
or authenticated.
As by the law Of Congress organizing said Ter
rtorv, it express provided that the people
of the Territory were to be ''left perfectly free
to form ana regulate their dom ste institutions
in their own wav," and among these ins iitutions
slavery is included, il was of course implied
that that subject to he open and free to pub
lie and private discussion in all its bearings,
rights and relationships. Among these must, of
course, be the questions of what was the state
of existing laws, and the notifications that
might be required on that subject. The law
had declared that its ''true intent and meaning
was not to i,gisate slavery into the Territory or
exclude it th'rcfrom." This would, of course,
leave to that Leople the injury. Whit then are
the existing rights under the Constitution Can
slaves be holden in the absence of any law upon
the subject? This question, about which 50 much
difference of opinion exists, and which Congress
and the Courts have never settled, was thus
turned over to the people there to discuss and
settle for themselves.
This Territorial Legislature, so created, by
force from Missouri. utterly refused to permit
discuss the subec but assuming that slavery
already existed there, and that neither Congress
nor the people in the Territory under the au-
thoritv of Congress-, had or could prohibited it,
passed law, which if enforced, utterly prohb-
its all discussion of the question. The llth and
18th sections of that act as follows:
SEC. IL. Ii any person print, write, introduce
into, publish or circulate, cause to be brought