Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1856-04-24

! Va AAuhSHSi SCtliLz Ill iiC uiSlOIh
and grounds Of the movement which has cal
led thatState into existence, was presented
to the House on Monday by the Hon. DAME
Mace, in connection with the State Consti
tuition. Both were referred by the House
to the committee On Territories and ordered
to be printed.
MEMORIAL.
To the Honorable The Senate and House o,
Representatives, of the United States
in Congress assembled:
This memorial of the undersigned Sena-
tors and representatives in the General As
semb!y of the Safe of Kansas, now in ses-
sion, respectfully showeth:
That, upon the organization of Kansas as
Territory, persons from all paris Sf the
United States. wishing to make for Them
selves homes, and to aid in moldiag the in
stitutions of new State. having confidence
in the justice and fidelity of the General
Government, and believing that the rights
guaranteed by the Constitution and the Or
ganizing Act would be secured to them, sub
jected themselves to the hardships of a pio-
neer life, and assumed the responsibility of
establishing the institutions of an enlighten-
ed people in hitherto rude and uncultiva-
ted land. They came as law abiding citi-
zens, asking for nothing but what belonged
to American citizens; and. as men proud OF
their attachment to the Constitution, were
willing to accept the Government extended
to them until the population should justify the
formation of new State, in which forma-
ton they were willing to be governed by the
will of the majority.
On the 29th dcy of Nov, 1s54-,he day
which had been selected on which to elect
a Delegate to represent the people of the
Territory in the Congress of the United
States-several hundred persons from the
adjacent State of Missouri came into the
Ferritorv and voted for such delegate. The
man who was elected by their Illegal votes
was not the choice OF the resident citizens
of the territory, and could not represent their
will. They, however, no believing that
such open and defiant aggression would be
sanctioned by governmentFt to which they
should look for protection, quietly submitted
trusting to that Government for redress.
On the 30th day of March, 1855. when the
election of members of the first Territorial
Legislature was to be held, thousands
of armed men from Missouri invaded
the territory and voted. Every district was
controlled by their votes except the Pawnee
representative district. which was entitled
to but one Representative. In the first Dis
trct about nine-hundred armed men, having
come from Missouri on the day previous
with two pieces ofartillery. and organized
as if for war, on the morning Of the election
surrounded the polls, and held possession OF
the ballot box until late in the afternoon.
wher, after completing their voting. they
return ed TO Missouri. Some Of them when
asked by the Judges of election if they resi-
ded in the Territory, replied that they resi-
ded in the State of Missouri; that they had
come to vote, and that they would vote or
die in the attempt. In this district the jut-
ges of Election erased the word "legal' in
their returns, and made them out so informal
that they did n Ger ify that am legal votes
had bo en- polled. Becau of hi; informali-
ty in the r t Irns, and the protest of the in
habitants in said di trict, the election was
set aside by the Governor, vacancy declar-
ed and new election ordered.
In the lid and Hid districts the Judges OF
Elee ton wee driven from the polls, and fed
to escape death. The ballot boxes were
destroyed. the legal voters were ove-power-
ed and driven from the polls, and mob vio-
lence prevailed throughout. Similar attacks
upon the people and the ballot boxes were
everywlt re made. This invasion was led
by some of the most distinguished men IN
Missouri, among whom was the late Presi-
dent of the United States Senate
TLis e!ec ion uron viii h rested the liber-
ty and only protection of the people, was a
fraud and a forcible Gislranchisement of
them.
On the 22d ofMay following, pursuant to
proclamation of the Governor, new cleo
lions were held in six districts, and sev,r ii
hundred persons came from Missouri and v1-
ted in the twelfth precinct. In the other
precincts where they were not, there was
no interference and the legal voters, for the
first time, were allowed the free exercise of
their rights.
On the Cd day Of July following, the first
Territorial Legislature of Kansas assembled
in Pawnee, pursuant to the proclamation of
the Governor, when the seats of the men,
bers elected at the second election, except
those in the twelfth precinct, were contest
ed. On the third day of the session every
Men ber whose seat was contested, although
he had certificate of election from the Gov
ernor, was ousted. All were elected with
out an investigation of their claims, which
was asked as right, but was denied to them
These members were expelled on the
ground that the Governor had 10 right to
declare a vacancy and order a new election;
but your memorialists represent that such
right is given to him in the act organizing
the Territory, and could not be lawfully re-
scinded by the Legislature. Therefore by
such violation of the principles of the Act,
eight legally elected members were reject
ed, and their places supplied by men who
had no certificates of election from the Gov
ernor, nor proper credentials from any source
On the third day of the session, the Leg
islature located the temporary seat of gov
ernment at the Shawnee Mission; and, as
this power was not given to the Legislature
by the Organic Act, (it being given to the
Governor alone,) your memorialists believe
all acts enacted at said mission to be inval-
id. They further believe that the Legisla-
ture never had any legal existence; for moth
ing can be legal which is unconstitutional,
and no Legislature of Territory or State
in this Union can be constitutional unless it
be created in conformity with republican
form of government; hence, a Legislature
imposed upon the people by fraud, by force,
BY residents of another State, adversely to
the will Of the people, can have no legal ex-