The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1856-02-16

tunity could have been afforded for syste-
matte interference of the people Ct indivi-
dual States.
This interference, in so far as concerns it's
primary causes and its immediate commence
ment, was one of the incidents of that per-
nicious agitation on the subject of the con-
dition of the colored persons held to service
in some of the States which has so long dis
turbed the repose of our country, and excited
individuals otherwise patriotic and law-abid-
ing to toll with misdirected zeal in the
attempt to propagate their social theories by
the perversion and abuse of the powers of
Congress.
The persons and parties whom the tenor
of the act to organize the Territories of Ne
braska Kansas thwarted in the endeaTor to
impose, through tie agency Of Congress,
their particular views of social organization
on the people of the future new States, now
perceiving that the policy of leaving the in
habitants of each State to judge for them
selves in this respect was irradcally rooted
in the convictions of the people of the Union,
then had recourse, in the pursuit of their
general object, to the extraordinary measure
of propagandist colonization of the Territory
of Kansas, to prevent the free and natural
action of its inhabitants in its internal organ
ization, and thus to anticipate or to force the
determination Of that question in this incho-
ate State.
With such views, associations were organ
lied in some Of the States, and their pur-
pose was proclaimed through the Press in
language extremely irritating and offensive
to those Of whom tie colonists were to be-
come the neighbors. Those designs and acts
had the necessary consequence to awaken
emotions of intense indignation in States
near to the Territory of Kansas, and especi-
ally in the adjoining State of Missouri, whose
domestic peace was thus the most directly
endangered but they are far from justify
ing 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 appointed
by the Governor, according to law.
Angry accusations that illegal votes had
been polled abounded on all sides, and i'm
putations were made both of fraud and vio-
lence. But the Governor, in the exercise of
the power and the discharge of the duty
conferred and imposed by law on him alone,
declared large majority Of the members of
"duly elected;" withheld 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 statute, and with
his official authorization, complete legality
was given to the first Legislative Assembly
of the Territory. fr
Those decisions of the returning officers
nf G,,of +lo%
by the parliamentary usage of the country,
applied to the organic law, it may be con-
coded that each House Of the Assembly must
have been competent to determine, in the
last resort, the qualifications and the cleo
ton of its members. The subject was, by
its nature, one appertaining 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 as to which, nei-
Their now nor at any previous time, has the
least legal possible authority been possessed
by the President Of the United States. Fer
all present purposes the Legislative body,
thus constituted and elected. was the legiti-
mate assembly of the Territory.
Accordingly, the Governor, by proclama-
nation, 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
communications usual on such occasions an
elaborate Message opening the session was
communicated by the Governor; and the
general business of legislation was entered
upon by the Legislative Assembly. F
But, after few days, the Assembly re-
solved to adjourn to another place in the
Territory. A law was accordingly passed,
against the consent of the Governor, but in
due form otherwise, to remove the seat of
government temporarily to the sShawnee
Manual-labor School" Cor mission, and thi-
Their the Assembly proceeded. After this,
receiving bill for the establishment of a
ferry at the town of Kickapoo, the Cover
nor refused to sign it., and, by special mes
sage, assigned for reason Of refusal. not any,
thing Objectionable in the bill itself, nor any
pretense of the illegality or incompetency of
the Assembly as such, but only the fact that
the Assembly had by its act transferred the
seat of government temporarily from Pawnce
City to Shawnee Mission. For the same
reason he continued to refuse to sign other
bills, until, in the course of few days, he,
by official Message, communicated to the
Assembly the fact that he had received no.
LITIGATION 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 recogniz-
ing the body as duly-elected and consti-
tuted Legislative Assembly. rr..,.... a
1t will be perceived that if any constitu-
tional defect attached to the legislative acts
OF the Assembly, it is not pretended to con-
sist in irregularity of election or want of
qualification of the members, but only in the
change of its place of session. However tri
vial 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 on
ly. of the Territory of Kansas but of the
Union.
Such an objection to the proceedings of
the Legislative Assembly was of eyceptiona-
BILE origin, for tie reason that, by the ex-
press terms of tie organic law, the seat of
Government Of the Territory was "located
temporarily at Fort Leavenworth;" and yet |
the Governor himself remained there less |
than two months, and Of his own discretion |
transferred 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 gov
still more had the Legislative As
sembly. The objection is of exceptional or
gin for the further reason that the place in
dicated by the Governor, without having an
exclusive claim of preference in itself, was
proposed town site only, which he and 9TH
srs were attempting to locate unlawfully up
On land within military reservation and |