Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1857-07-24
zssc1A AE1oT SYS35f fsosrs o Law

Ik LszvENwonru, July rs, 1856. (
+ I have learned that q coneiderabIo
number of the citizens Of Lawrence,
IN this TERRITORY, have adopted, as
They claim, by 3 popular vote, achar.
ter for their local government. A
copy Of that charter has been placed
lin my hands; upon comparing which
with that granted by the Territorial
Legislature, last winter, find that
they differ Intentionally in many
ESSENTIAL particulars. The new char
ter, thon, is SGT up, not only without
any authority Of law, but in direct
and open defiance of an act of tho
Territorial Legislature on the same
subject. 20 >,'Heg ~ g ,ter'.
On this point your committee,
whose views have been adopted by
you, make the following statement:
"Under ordinary circumstances the
moro regular method of proceeding
would be TO obtain n charter from tho
Territorial authorities As the Ter.
ritorial government, however, in no
sense represents the people of Kan
sas, was not elected by them, and can
have no right TO legislate for them,
we cannot accept a charter ut his
hands. And, as tho State govern.
mont has not, rs yet, doomed IL ad-
visable to proceed tothe organization
Of local and municipal governments,
we cannot obtain S charter from it..
There Is therefore left US only the al
formative Of charter springing d.
rectly from the people, or continu-
ance IN our present unorganized con-
ditiop. - ff'-ta esShae
s"Undcr these circumstances, you
have seen at 70 instruct us to present
q charter having discussed it's provis-
ions in preliminary assomblage, and
now propose 10 submit 1t to full vote
Of the people for approval or rejec-
ltion." a7Hf f.fia E
1t will be perceived that the author
lily Of the Territorial Governments
here distinctly denied, and whilst
that Of the so-called State Govern
ment is acknowledged, il is conceded
that no charter has boon granted by
them. Indeed, IL is q fact, that al.
though this so-called State Govern
ment has, in itself no legal existence
or authority, yet you asked and fail
cd TO receive a charter from them.
Under these circumstances you
have proceeded to establish govern
ment for the city Of Lawrence, in d.
rect defiance of the Territorial gov
ernment, and denying its existence
or authority. You have granted to
the city government the authority to
select Mayor and Board of Alder
men, City Assessor, Treasurer, JUS
| tees Of the Peace, City Marshal, &C.,
You have granted to the Mayor and
Alderman most extensive powers, in
cluding the right to levy and collect
taxes upon real and personal proper
ty within the limits ofthe city wheth-
or belonging to residents or non resi-
dents, and all the other powers usu.
| ally incident to q city government.
/ You have imposed upon all these
Iof1ecrs the duty of taking an oath to
| support this so-called State Constitu.
| ton, thus distinctly superseding, SC
| far as in your power, the Territorial
| Government created by the Congress
Of the United States. You have
caused these proceedings to be print
ed in handful form, and have distrib.
uted them, as l am informed, through.
out the Territory, with the view to
incite the other cities, towns and
counties Of Kansas, to establish in.
surrectionary governments, thereby
placing the people of this Territory
so far as in your power, in open con
| flict with the Government Of the
United States.
The more considerable portion o
your party having induced your To
peka Legislature to enact the laws
urged by you, creating municipal
government, you have even in def
ance of their authority, which yor
profess to acknowledge, proceeded Il
create such government for Law
renee, and are now urging other 10
calities to pursue similar course
Your evident purpose is thus to in
volve the whole Territory in insur
rection, and to renew the scenes o
, bloodshed and civil war. Upon you
then, must rest all the guilt and re
sponsibility of this contemplated rev
olution. You will be justly charged
BILE in law and in conscience with al
the blood that may be shed in thil
contest, and upon you must fall thu
} punishment.
You have elected your officers I'M
der this charter, and instructed them
to enter upon the immediate dis
charge of their duties, including the
adoption Of ordinances and the exc
: cution thereof, under an authority
' having in itself no legal existence
and established in direct defiance o
the Government ofthe United States
From all these facts it is obvious i
you are permitted to proceed, and es
pecially if your example should b,
followed as urged by you in Other
places, that for all practical purpos
: es in many important particulars, the
Territorial government will be over
9 thrown. The charters granted by
that government for similar purposes
will be disregarded, and the justices
of the peace and other officers actin {
: under their authority, will be brought
necessarily into conflict and collision
. with the so-called officers claiming tt
act under different authority.
The Territory will thus be involved
, in inextricable confusion and litiga
ton; the value Of your property b
greatly deprecated; your titles
transfers, transactions and contracts
will be subject to endless and costly
: disputes, and all will suffer from thi:
instruction, except the lawyers VINO
, have stimulated this movement. A