The daily union., 1856-01-25
S.~,.A Va

or enumeration Of its iphabisants--ontl 90 late
day that the election Of The members o. the le8s
lstlye assembly did NOT lake place until the som
Of March, 1855, its meeting until the seconu y
July 1855 So that for year after the Territory Was eoa
uted by the act Congress and the officers 10 DC
ed by the federal Executive had been y was
without complete government without any eglsause
authority without local law and OF course "thout 'he
ordinary guarantees Of peace and pnolic oIdel
In Other respects the governor instead OF exercising
constant vigilance and putting forth all his energies 10
prevent counteract the tendencies 70 egay WHICH
are prone To exist in al ana newly
associated mites allowed his attention TO DC divert
cd from official obligation by other Objects ana hnse sci
example Of the violation Of law ~ pe =
acts which rendered my duty in the sequel 70 remove
him from the Office of chief executive magistrate OF ihe
Territory. ,,.,, =
election Of territorial legislature election OF delegate
10 Congress been held in the Territory on the 29h day
of November 1854 and the delegate took his seat In the
House Of Representatives without challenge. arrange
mens had perfected by the governor so that The cleo
ton for members Of the Legislative assembly might Dc hea
in the several precincts at the same time as Tor delegate 70
Congress- any question appertanng 70 ,ne u
the persons voting people OF the Territory would nave
passed necessarily under the supervision OF Con-
eres as the Judge OF the validity OF the return OF the dele
gate and would have been Seofe ot
nifty could been afforded for systematic interference OF
the people of individual States
This interference in fur concerns Its primary causes
and its immediate was one OF the incidents
OF that perncious agitation the subject OF the condition
of the coored persons held service in OF the States
w
excited individuals otherwise patriotic and aw-abding to
toll with msdrected zeal in the attempt to propagate their
social theories by the pervesion and abuse OF the powers
o Congress The and the parties whom the tenor
of the act to organize the Territories of Nebraska and Kan
sas in the endeayor to impose through the agency
Of Congress their particular views OF social organzaon
on the people of the future States now perceving that
the policy of leaving the inhabitants OF each State to judge
for themselves in this respect ineradcsby rooted In the
convictions of the people ohe Union then had recourse
in the pursuit of their general object the extraordinary
measure of propagandst colonization OF the Territory OF
Kansas to the free and natural action OF its nbab
auts in its internal organization, and thus 70 anticipate
to force the determination OF tnat question ~ i
ate State.
With such views associations organized in some of
the States and their purposes were proclaimed through the
press in language extremely irritating and offensive to
those OF whom the coonsts to become the neghbors
Those desgns and acts had the necessary consequence TO
awaken emotions Of intense indignation in States near to
the Territory of Kansas and especially in the adjoining
State of Missouri whose domestic was thus the most
directly endangered but they far from justfying the
illegal and reprehensble countermovements which en-
sued.
Under these inauspcious circumstances the primary cleo
ons for members OF the Legislative assembly held in
most if not ALL of the precincts at the time and the places
and by the persons designated and appointed by the gov
ernor according TO law.
Angry accusations that illegal votes had been polled
aboaaded all sides and mputaons were made both OF
fraud and VIOLENCE But the governor in the exercise OF
the power and the discharge of the duty conferred and i'm
posed by law him alone officially received and considered
the returns declared large majority OF the members Of
the council and the house Of representatives "du elected
withheld certificates from Others because of alleged lille
gaty OF votes appointed new election to supply the
place of the not certified and thus at length In
all the forms of statue and with bis official anthem
tcaon complete legality was given to the first legislative
| assembly of the Territory
Those decisions OF the returning officers and of the
na except that by the parliamentary usage OF
the country applied to the organic law it be conceded
that each house the assembly must have been comp tent
determine In the last resort the qualifications and the
election of its members The subject was by its nature
one appeainng exclusively to the Jurisdiction Of the local
authorities of the Territory Whatever irregularities may
have occurred in the elections it seems too late now to
raise that question At all events is question to
which, neither at any previous time has the leas,
legal authority been possessed by the President
the United States For oil present purposes the Legislative
body thus constituted and elected was the legitimate as
sembly of the Territory.
Accordingly the governor by proclamation, convened
The assembly thus elected to meet at place called Pawnee
ty the two houses met and duly organized in the
ordinary parliamentary form each sent to- and received
from the governor the official communications usual on
was by the governor and the general bus
of legislation asenered upon by the egisqye as
semby.
another place in the Territory law accordingly
passed against the Of the governor but Ia due form
otherwise the seat Of government temporarily
to the Shawnee Manual-Labor School, Tor Mssion,) and
,hther the assembly proceeded After this receiving bill
for the establishment Of ferry at the town OF Kckapoo
the governor refused TO sign IL and BY special message
assigned for OF refusal not ans thing objectionable
ia the bill ITSELF any pretence OF the cgay or in
copelsncy the assembly SUCH but only the fact that
the assembly had by It's transferred the scat OF
meut temporarily from Rawpee City Shawnee Mission.
For the he continued 10 rei2e 10 sign other
bills until In the OF few days he by official mos
sage communicated TO the assembly the fact that be had
notification Of the termination Of his functions
governor and that the duties OF the Office were legally de-
yolycd on the secretary OF tbe Territory thus TO tho last
recognising the body duly elected and constituted leg
islative assembly. Z
IL win be perceived that if any constitutional defect
chcd the legislative acts OF the assembly IL is not pre-
tended to consist In rregulsry Of election, want Of quail
i6caon Of the members but only In tie change ofs place
OF sesgop However trivial this objection may to be-
IL requires 10 be considered because upon IL founded all
that supersructure OF a plainly against law which now
threatens the peace not only OF the ieoy ofkansa but
Of the Union.
Such an objection to the proceedings Of the legislative
assembly Of exceptonabe origin for the that
by the express terms OF the organic law the seat Of
Of the Territory Eas ocated temporarily at Fort
Leavenworth," and yet the governes himself remained
there less than two months and of bis discretion
transferred the seat Of government the Shawnee Mission
where il 10 fact the time the assembly called
at Pawnee City. IL the governor had any such
right 10 change temporarily the scat OF government still
more had the legislative assembly The objection il of ex
ceponable origin for the further that the place
dicated by the governor without having any exclusive
claim Of preSrence in ITSELF proposed site
only, which he and others attempting TO locate
lawfully upon land within military reservation, and for
participation in which illegal the commandan Of the
posta superior officer OF the armyhas been dismissed
by sentence OF court-matial.
Nor easy why the legislative assembly might
with proprieiy paes the transferring Its ngs
TO the Shawnee Mission fcould not that be on ac
count some prohibory incompatible pravson Of
Of Congress. But such provision exists The organic
act already quoted says "the seat Of government Is
hereby located temporarily at Fort Leavenworth and