Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1856-01-30

| the act to organize the Territories OF Neorasha
and Kansas thwarted in the endeasor TO impose
through the agency Of Congress. their particular
views OF social organization on the people OF the
| future new States now perceivng that the poll
| CIV of leaving the Inhabitants of each State to
| Judge for themselves in this respect was inrrad
| icaby rooted in the convictions Of the people 81
| the Union, then had recourse, in the pursuit "i
their general object 10 the extraordinary measure
of propagandist colonization Of the Territory OF
| Kansas 10 prevent the free and nafu raj action
of its inhabitants in its internal organization and
| thus 10 anticipate or Ia force the determination
| of that question in this nchoate State.
With such views associations were organized
| in some of the States. and their purposes were
| proclaimed through the press in Language eh-
| tremey irritating md offensive Ia those ~ whom
| the colonists were 10 become the nel gho"rs.-
| Those designs and acts had tho necessary CON
| sequence to awaken emotions of intense ndlgna-
ton in States near 10 the Territory of Kansas,
and especially in the adjoining State of Misson-
ri, whose domestic peace was thus the most d.
recty endangered but they are far from justify
| ing the illegal and reprehensible count"r.move-
menis which ensued.
Under these suspicious circumstances the
primary elections for members Of the I1e gislaive
Assembly were holden in most, il not all OF the
precincts at the time and the places and by the
persons designated and appointed by the Cover
nor 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 aud imposed by
law him alone officially received and consider
ed the returns. declaring large majority 81 the
members of the Council and the House of Rep
resentatives 'duy elected withheld certificates
from others because Of alleged iegality of votes;
appointed new election 10 supply the place oi
the persons not certified; and thus at length, IN
all the forms of statute and with his owl Official
Ia
the first Legislative Assembly of the Territory.
Those decisions of the returning officers aud
of the Governor are final, except that. by the par
liamentary usage Of the country applied t. the
organic law: il may be conceded that each House
of the Assembly must have been competent to
determine,in the lastresor,,he qualifications and
the election Of lis members. The subject was
by its nature,o apperaning exclusively to the
jurisdiction Of the local authorities of the Ter
ritory E3Whatever irregularities may have "c-
Cured in the elections, II seems too late now
to raise TINT question. At all events il il aqucs-
ton ~ To which, neither now nor at my PREV
time. has legal authority been po-sessed by
the President of the United States For all pre-
sent purposes the legislative body, thus cnstl-
tuied and elected the legitimate assembly of
the Territory.
Accordingly, the Governor, by proc mntion.
convened the Assembly thus elected tn meet Mt
n place called Pawnoe City. The two Houses
met and were duly organzedin the ordinary par
liameniary form; each sent to and~eceived from
the Governor official communications; n sual on
such occasions; nm elaborate message opening
the session was communicated by the GsseIHoi.
and the general business of legislation svas On
tered upon by the Legislative Assembly
But utter n few days, the Assembly resolved
to adjourn to another place in the Territory.
law was accordingly passed. against the consent
of the Governor, but in due form otherwise, To
Remove the seat ofGovernment temporarily to the
.Shnynpp nj alors phnpl' l.l
and thithcr the Assembly proceeded. Aft az this,
receivinga bill for the establishment of a Terry
at the town of kickapoo the Governor refused
to sign II, and. by special message, ASST gned for
reason of REFUSAL, not anything obioc tiornbl" in
the bill itself any pretence of the iliogality
or ncompe,cncy of the Assembly az such, but
only the Iact tbGt the Assembly had by its act
transferred the sent of government temporarily
from Pawnee City to Shawnee Mission For
the same reason he continued to refuse to sign
other bills, until III the course of few da he,
10y official message, communicated tn the Assem-
bly, the fact that he had received notification of
the termination of his functions us Govcrnor,and
that tho duties of the office were legally .levolv-
ed ON the Secretary of the Territory thus TO
the last recognizing the body duly elected
aud constituted Legislative Assembly.
1t will be perceived that if any con titu tionnl
defect attached to the legislative nets of the
Assembly, 1t is not pretended to consist in ir
regularity ct election want of qualific ton Of
the members but only in the change of it,. place
of session. However trivial the objection may
seem To be- il requires to be considered, because
upon It is founded all that supersructure of acts
plainly against law, which now threatens the
peace, not onl y of the Territory of Kansas, but
of the Union.
Such an objection TO the proceedings of the
Legislative Assembly WINS of cxceptonable orig.
in for the reason that by the express terms of
the organic law. the seat of government of the
! Territory was "located temporarily at Fort Lea
vcnworth;' and yet the Governor him self re-
manned there less than two months, and of his
own discretion Transferred the seat of govern
ment to the Shawnee Mission, where it in fact
at the time the Assembly were called to meet
at Pawnee City. lfthe Governor had any such
right to change temporarily the seat of govern
ment, still more had the Legislative Ass emily.
! Tie ohjectoni of exceptonabe origin for the
further reason that the place Indicated by the
| Governor, without having any exclusive claim of
! preference III itself, was a roposed town site
only, which he and others were Attempting to To-
cate unlawfuy upon land withina military re-
servation. and for participation in which illegal
act the commandment of the post, a superior Off
Ger OF the army. has been dismissed by sentence
of court-martial.
| Nor Is 1t easy TO see why the Legislative As
semoly might not with propriety pass the Terri
| torai act transferring its sttings to the Shaw
| nee Mission. lit could not, that must be ON
account OF some prohibitory or incompat bile pro-
! vision or act of Congress. But such provis.
Ion exists. The organic act. as already q uoted.
says 1.-THE seat of governments hereby located
temporarily at Fort Leavenworth - and 1T then
provides that certain of the public buildings
there ''may be occupied and used under the di.
rection of the Governor and Legislative y ssem-
anyn uin,,, IL. Il