Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-01-26
to toll with misdirected zeal in the attempt to
propagate their social theories by the perver-

propagate their social theories by the perver-
sion and abuse of the powers of Congress
The persons and parties whom the tenor Of
the act to organize the Territories of Nebraska
and Kansas thwarted in the endeavor to i'm
pose, through the agency of Congress, their
particular views Of social organization on the
people of the future new States now perceiv-
ing that the policy Of leaving the inhabitants
OF each State to judge for themselves in this
respect was inersdicably rooted in the convic-
tlons OF the people Of the Union, then had re-
course, In the pursuit of their general object,
to the extraordinary measure of propagandist
colonization of the Territory of Kansas, to pre-
vent the tree and natural action Of its inhabi-
tants in its internal organization, 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
procla 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 consequence to awaken emotions ofintense
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 reprehensi-
bic counter movements which ensued.
| Under these inauspicious circumstances the
primary elections for members of the Legisla-
tive Assembly were held in most, if not all, of
the precincts aHthe 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 impu-
stations were made both Of fraud and violence
But the Governor, in the exercise Of the power
and the discharge Of the duty conferred and
imposed by law ON him alone, officially re-
ceived and considered the returns declared
| large majority of the members of the COun-
Gil and the House of Representatives Z" duly
| elected - withheld certificates from others
because of alleged illegality of votes ap-
pointed new election to supply the place of
the persons not certified and thus at length,
| In all the forms Of statute, and with his own
| official Authorization, complete legality 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 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 auali-
| fcatlons 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 election, it
all events it is question as to which, neither
now nor at any previous time, has the least
| possible legal authority been passed by the
President of the United States. For all pres.
ent purposes the legislative body, thus consti-
tuted and elected, was the legitimate assembly
OF the Territory.
Accordingly, the Governor, by proclaim alton,
convened the Assembly thus elected to meet
at place called Pawnee city. The two
Houses met, and were duly organized in the
ordinary parliamentary form; each sent to and
| received from the Governor the official COM
| municatiOns usual on such occasions; an elab-
| crate message opening the session was COM
| municated by the Governor; and the general
business Of legislation was entered upon by
| the Legislative Assembly.
But after few days the Assembly resolved
| to adjourn to another place in the Territory.
| A law was accordingly pas ed, against the
consent of the Governor but in due form
| otherwise, TO remove the seat of government
| temporarily to the " Shawnee manual-labOr
school," (or mission and thither the Assem-
| bly, proceeded. After this, receiving bill for
! the establishment Of ferry at the town Of
; kickapOO, the Governor refused to sign it,
| and by special message assigned for reason of
refusal not any thing Objectionable in the bill
itself, nor any pretence Of the ilegality or in
competency of the Assembly as such, but only
the fact that the Assembly had by its act
transferred the seat Of government Temporal
rily from Pawnee City to Shawnee Mission.
For the same reason he continued to refuse to
sign other bills, until in the course of a few
days, he, by official message commune ated
to the Assembly the fact that he had received
notification of the termination of his functions
as Governor, and that the duties of the office
were legally devOlved on the Secretary of the
Territory thus to the last recognising the
body as a duly elected and constituted Legis-
latiye Assembly.
1t will be perceived that if any constitu-
tional defect attached to the legislative acts of
the Assembly it is not pretended to consist in
irregularity of election or want of qualifica-
tion of the members, but only in the change
of its place of session. However trivial the
objection may seem to be, it requires to be
considered, because upon it is founded all
that superstructure of acts, plainly against
law, which now threatens the peace, not only
of the Territory of Kansas, but Of the Union.
Such an objection to the proceedings of the
Legislative Assembly was Of an eXceptiOnable
origin, for the reason that, by the express
| terms of the organic law, the seat Of govern
mcnt of the Territory was /" located tempo
rarily at Fort Leavenworth )" and yet the
Governor himself remained there less than
two months, and of his own discretion trans
ferred the seat of government to the Shawnee
Mission, where it in fact was at the time the
Assembly were called to meet at Pawnee City.
If the Governor had any such right to change
temporarily the seat of government, still more
had the Legislative Assembly. The objection
is of exceptionable origin for the further rea-
son that the place indicated by the Governor,
without having any exclusive claim of prefer
ence in itself, was proposed town site only,
which he and others were attempting to locate
unlawfully upon land within a military reser
vation, and for participation in which illegal
act the commandant of the post, superior
officer of the army, has been dismissed by SEN
tence Of court martial.
Nor is it easy to see why the Legislative
Assembly might not with prOpriety pass the
Territorial act transferring its sitting to the
Shawnee Mission. If it could not, that must
be on account of some prohibitory or incompat.
ible provision of act of Congress But no
such provision exists The organic act, as al
ready quoted, says "the seat of government
is hereby located temporarily at Fort Leaven-
worth" and it then provides that certain of
the public buildings there " may be occupied