Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1856-02-07


list in all imperfectly organized and newly asso-
ciated communities, allowed his attention to be
diverted from official obligation by other OBJ
iects, and himself set an example Of the viola
ton of tie laws in the performance 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 accom-
plished for the election of territorial Legisla-
ture, and election of delegate to Congress had
been held in the Territory on the 29th of No
7ember, 1854, and the delegate took hisseat in
the House of Representatives without challenge.
If arrangements had been perfected by the
Governor so that the election for members OF
the Legislative assembly might be held in the
several precincts at the same time as for dele
gate to Congress, any question appertaining to
the qualification of the persons voting as peo-
pie Of the territory, would have passed neees-
sarily and at once under the supervision of Con-
gress, as the judge of the validity of the return
of the delegate, and would have been determin-
ed before conflicting passions had become inHa-
med by time, and before opportunity could have
been afforded for systematic interference Of the
people of individual States.
This interference, in so far as concerns its
primary causes and its immediate commence
ment, was one of the incidents of that perni-
cious agitation on the subject of the condition
of the colored persons held to service in some
of the States, which has so long disturbed the
repose of our country, and excited individuals,
otherwise patriotic and law-abiding, to toll with
misdirected zeal in the attempt to propagate
their social theories by the perversion and a.
buse of the powers of Congress. The persons
and the parties whom the tenor of the act to
organize the Territories of Nebraska and Kan
sas, thwarted in the endeavor toimpose, through
the agency of Congress, their particular views
of social organization on the people of the fu-
ture new States, now perceiving that the policy
of leaving the inhabitants Of each State to- judge
for themselves in this respect was ineradicably
rooted in the convictions of the people of the
Union, then had recourse, in the pursuit Of
their general object, to the extraordinary mea-
sure of propagandist colonization of the Terri
tory of Kansas, to preventth free and natural
action of its inhabitants in its internal organi-
zation, and thus to anticipate or to force the
determination Of that question in this inchoate
State.
With such views, associations were organized
in some of the States, and their purposes were
proclaimed through the press in language ex-
tremely irritating and offensive to those Of
whom the colonists were to become the neigh
bors. Those designs and acts had the neces-
sary consequences to awaken emotions of intense
indignation in States near to the Territory of
Kansas, and especially in the adjoining State
of Missouri; whose domestic peace was thus the
most directly endangered but they are far
from justifying the illegal and reprehensible
counter-movements which ensued.
Under these inauspicious circumstances, the
primary elections for 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 law.
Angry accusations that illegal votes had been
polled abounded on all sides, and imputations
were made both of fraud and violence. But
the governor, in the exercise of the power and
the discharge of the duty conferred and impo-
sed by law on him alone, officially received and
considered the return declared a large ma
jority of the members of the Council and the
House of Representatives "duly elected" with
held certificates from others because of alleged
illegality of votes; appointed new election
to supply the place of the persons not certified;
and thus at length, in all the forms of statue
and with his own official Authorization, COM
plete legality was given to the first Legislative
assemblyof the Territory.
Those decisions of the returning officers and
of the governor are final, except that, by the
parliamentary usage of the country applied to
the organic law, it may be conceded that each
house of the assembly must have been compe-
tent to determine, in the last resort, the quail
fcations and the election of its members. The
subject was, by its nature, one appertaining
exclusively to the jurisdiction of the local au-
thorities of the Territory. Whatever irregu-
larities may have occurred in the elections, it
seems too late now to raise that question. At
all events, it is question as to which, neither
now, nor at any previous time, has the least
possible legal authority been possessed by the
President of the United States. For all pre-
sent purposes the Legislative body, thus consti-
tuted and elected, was the legitimate assembly
of the Territory.
Accordingly, the governor, by proclamation,
convened the assembly thus elected to meet a:
a place called Pawnee city the two houses met
and were duly organized in the ordinary par,
liameutary form; each sent to, and received
from the governor, the official communications
usual on such occasions; an elaborate message
opening the session was communicated by the
governor; and the general business of legis.
lation was entered upon by legislative Assem-,
bly,.
But, after few days, the assembly resolved
to adjourn to another place in the Territory. A
law was accordingly passed, against the con.
sent of the governor, but in due form other,
wise, to remove the seat of government tempo,
rarily to the "Shawnee Manual Labor School" "
or Mission, and thither the assembly proceed,
ed After this, receiving bill for the estab'
lishment of ferry at the town of kickapoo,
the governor refused to sign it, and, by special