The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1856-02-19


which are prone tn exist in all impericc,lv
organized and newly associated communi-
ties allowed his attention TO be diver,
from official obligations by other objects,
AMI himself set an ex mple Of The violation
of law in the performance Of acts which
renders it my duty, in the sequel TO ie-
move him from tie Office Of chief execu
tive magistrate Of he Territory.
Before the r, quisi.e preparation was &C
complishcd or election Of Territorial Leg
islalurc, an election OF Delegate 10 Con.
the 2olh day of November, 1854, n, d The
Delegate iook his seat in The House of
Representatives without challenge. If
arrangements had been perfected by the
Governor, so that tie election for m, nbtIs
of the legislative assembly might be leld
in the several precincts at the same time
MS for Delegate to Congress. any question
aPpertaiung 10 the qualification Of tie per-
sons voting AS people of The Territory
would have passed necessarily and at once
under the supervision Of Congress, as the
judge of the validity Of the return of The
delegate. and would have been determin-
ed before conflicting passions had become
inilamed by time, and before opportunity
could have been atforted for systematic
interference of the people Of individual
States.
This interference in so far as il concerns
its primary causes and its immediate com.
mencement, was one of the incidents Of
that pernicious agitation Oh the subject Of
the condition of the colorcd persons held
TO service in some ofthe States which has
SO long disturbed the repose of our conh-
try. and excited individuals, otherwise
patriotic and aw-abiding to toll with mis-
directed zeal in the attempt 10 propagate
their social theories by the perversion anI
abuse of the powers of Congress. To per.
sons and the parties whom the tenor OF
the act 10 organize the Territories of Ne.
braska and Kansas thwarted in the en-
deayor TO impose, through the agency OF
Congress. their particular views of social
organization 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 was
ineradicable rooted in the convictions of
the people Of the Union then had resource,
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 actions of ite
inhabitants in its eternal organization, and
thus to anticipate or to force the determi.
nation Of that question IN this inchoate
State.
With such views, associations were or
;,s r al. I.,~
purposes were proclaimed through the
press in language extremely irritating and
offensive to those of whom the colonists
were to become the neighbors. Those de-
signs and acts had the necessary conse-
quence to awaken emotions of intense in.
dignation in states near to the territory Of
Kansas, and especially in the adjoining
State Of Missouri, whose domestic peace
was thus most directly endangered; but
they are far from justifyingt the illegal and
reprehensible counter movements which
ensued.. m
Under these unauspicious circumstances
the primary elections from members of the
legislative assembly were held in most, if
not all, Of the precincts at the time and the
places. and by the persons designated and
appointed by the Governor according to
he law.
Angry accusations that illegal votes had
been polled ahounded on all sides, and
imputatiohs were made both Of fraud and
violence. But the Governor in the exer-
else of the power and the discharge of the
duties conferred and imposed by law on
him alone officially received and consider
ed the returns declared large majority
Of the members of the Council and House
of Representatives duly elected with
held certificates from others because of
alledged illegality of votes appointed 8
new election to supply the place 'f the
persons not certified, and thus at length.
in all the forms of statute, and with his
own official aulhentication, complete ]e-
gality 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 usage Of the coun-
try applied to the organic law, it may be
conceded that each house Of the Assembly
must have been competent to.detcrmine,
in the last resort, the qualifications and the
election Of its members. The subject was,
by its nature, one appertaining exclusive
ly to the Jurisdiction of the local authori-
ties of the Territory. Whatever irregu.
larilies may have occurred in the elections.
it seems too late now to raise that ques-
ton. At all events, it is a question about
which, neither now, nor st any previous
time, has the least possible legal authority
been possessed By the President of the
United States. For all the present purpo-
ses the legislative body thus constituted
and elected. was the legitimate assembly
Of the Territory.
Accordingly, the Governor, by proclama.
ton, convened the assembly thus elected to
meet at place called Pawnee City the
two houses met and were duly organized in
the ordi ary parliamentary form each sent
to, and received from, the Governor the
official communications usual on such occa-
sions; an elaborate m ,ssage opening the ses-
sion was communicated by the Governor;
and the general business OF legislation was
entered upon by the Legislative assembly.
But, after a few days, the assembly resol-
we'd to adjourn TO another place in the Terri
tory A law wns accordingly passed, against
Il T. l.... To-