The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-29
NEWS FROM KANSAS.


- the Territorial Legisiature-Th Action
m the Topeka Resolutions MnorityR Report
upon Thsm-Rabid Speeches-AnA Act 20 AbO-
Ash SIavery-H0lding Slaves made = Crime
Discussion on q Memorial for an Enabling
Aet-Upper House Unanimously Recon-
mend it-Lower House Unanimously OPP
peso 1t.
SPECIAL CORRESPONDENTS OF THE HERALD.
LAWRENCE, X. t. Jan. 10, 1858.
Gen Denver Acting Governor returned 70 the Legsla-
yesterday "ened act for the release OF
John Benz" with his veto The act is intended TO re-
sase Mr.. Benz from obligations incurred by him as
Sure,y Of q bond given in criminal prosecution me
Of the veto is given in these words 81 40 not
believe the Governor and Legislative Assembly can de-
clare judgment null and void ab initio" he thought,
however, that they had power TO release the party from
nc effects Of the judgment.
N the Council bill was introduced and passed to the
second reading petition Congress for an Enabling act
Every member Of the Council in favor Of such Pc
Se1ionl
m the Neuse of Representatives the minority report
men TIE concurrent resolutions sent in by the 80
called Topeka State legislature presented and dis
sussed. The report is as follows -
REPORT UPON THE I" CONCURRENT RisoIuT'oNs"-
AN INTERESTING PRESENTATION OF FACTS
The undersigned, member OF the Special Committee,
70 when was referred the concurrent resolutions
passed by the General Assembly Of the State Of Kansas
session in lawrence convened under the authority
by virtue of the Topeka constitution, begs leave TO
make the following minority report =
From careful perusal Of the said resolutions, their
p~rport be denial Of the existence of any egt
nate government Territory prior the I'D day of
October, 1856, chat being the day upon which, it s
alleged, the Topeka constitution was adoped) and also
the sentiment that the officers elected under
and by virtue Of said constitution the only legal off,
in this Territory. This idea ID clearly and dis
ctly set forth the preamble TO said resolutions and
b this doctrine which this body, sitting as Territorial
Legislature, called upon TO endorse and sanction
IN Illegal body acting without authority Of Law derived
from any legitimate source and, as matter course, all
asts passed by must be null and void Those resou-
admit Of other construction. What is the his
ssry point OF fact, 70 this Territorial LcgisatureS
From whence does derive its powersS The following
IN May 1854, an act passed by Congress creating
The Territories Of Kansas and Nebraska On the 3Oth Of
june 1854 A. H. Reeder appointed Governor Of Kan
sas under whose proclamation issued in accordance with
the organic act election held on the 3Oth Of March,
1855 al which time members OF the hfst territorial Legs
hture elected, and subsequently commissioned by
0overnor Reeder This Legislature convened at Pawnee
Cy, and Immediately adjourned TO the Shawnee Manual
labor School, and while in session there enacted code Of
laws These laws subsequently recognized by Con-
gress valid and binding Again. in October, 1856,
another election held for the election OF members OF
The Legislature This Legislature so elected met at Le
compton the first Monday in January, 1857 and, among
and districts for the Second Legislative As
semby and for other purposes, approved Feb 20 1917
by virtue Of which, and IN strict accordance with its pro-
Visions an election held on the 4tb day OF October
1857 which day the members comprising the present
Territorial Legislature, now in session. we're elected
Therefore, not clear, and fact incapable OF being
sontrovered, that the only vitality Or legality pos
sessed by this Legislature is derived from the hrst
Legislature, elected March, 1856. Why, then, seek
70 assume any other POSITION these are facts
then the sitting of this Legislature is mere farce,
and ali its doings mere cnld's play there IS
no legally constituted government except the State organ
zaOn by virtue OF the Topeka constitution all the acts
passed by the present Legislature at its late extra session
Frauds, and the submission of the Lecompton con-
stituuon 10 the people was a mere farce Is
very difficult matter TO maintain two positions aagonstic
10 each other at and the same time Some gentlemen
may be- and undoubtedly very anxious To trim their
sails according TO the popular breeze but they should re-
member that windy declamatens at political husngs aud
grave assertions the form Of resolutions to be passed
by body ensctng laws, by which the entire people Of
territory 10 be governed are very different things
While the minority of your committee would in
pretend 10 endorse the means resored TO In the cleo
ons 1855 and 1856 yet he cannot suty ell his acts
n 70 admit that the body in session, and in which he
holds seat sitting without any legal authority neither
&oes he believe that majority OF its members are pre-
pared TO make any admission. II, rs is the sent
Of those resolutions the Topeka legislature now in
session at this place, has the right 10 "enact such laws
~ the necessities of the people 10 demand" this
bsdy has right whatever 10 pass any laws, aud the
adourns the better In those resolutions found
represented in Territorial laws aud Territorial Iegs
obstacle 70 the successful execution OF the
he state constitution therefore resolved that we re-
specially urge the General Assembly Of the Territory OF
Kansas now in session In Lawrence, TO take immediate
steps the forms Of Territorial government 80
far that shall not obstruct and embarrass the State go
vcrnment" Now, this language s Of very doubtful CON
rsrucon N Intended TO assert that the General AS
seubly OF the Territory has the power 70 pass AwsY
90 Of course, its authority TO pass Laws Is ad
mnsed and then follows that the Topeka Legislature
has NO such authority for would be absurd TO say th
two independents bodies could exist the same country
n one and the same time and exercise legs
i've powers" On the other hand Is assumed that the
"Gener Assembly Of the Territory" an Illegal body
Why then ask II 10 enact awsY Why do not the
members Of H. who also members Of the Topeka Le
Rature this illegal body, and In the other "enact
such laws the necessities OF the people seem % do
mADd ~ Why not, that body Is the legal one adhere
10 N alone and stand or fall by ny Having established
the fact that this Legislative Assembly Ia the only legal
hw-makng power, your committee would therefore sub
mi the following refolutions-
Resolved, That the Clerk Of this House is hereby in
sneted 10 return the concurrent resolutions sent here
by assembsge OF people styling the Topeka
Hate legislature and inform that honorable body that
The Governor and Legislative Assembly Of the Territory
u Kansas the only ay authorized body possessing
power enact "such or any laws that the necessities Of
the people seem 10 demand"
All Of which is respectfully submitted. -
REMARKS ny Mr. ELLIOTT.
Mr.. Elliott Of Leavenworh county, rose and opposed
the minority report deny said he that this Territorial
Legislature legal body. deny that the organic act
itself rs a legal deny that Congress has the power
10 give us organic believe such act unconsti
tupona believe have right 10 act upon our con
y,cons Of what consider constitutional and unconsttu
nonal II may seem strange when everybody almost be-
eves organic legal and constitutional that declare
unconst euonal, but IL is deny that Congress has
the power pass organic act deny that has the
power pass enabling act am surprised at this re
port. understood yesterday that the minority report
would contain recommendation resolution in favor Of
pettoning Congress for enabling act was and am
prepared 10 take grounds against such resolution No
man elsewhere will say that Congress has right
70 grant any people ohsrter civil. POLITICAL Of any
kind either here anywhere else either In State Ter.
rnory, OF public lands. This question has been so
decided by lawyers and men Of sense. Qaughter.)
don't 10 be understood TO that lawyers
men Of sense; many Of them are, but they do
not mopopolze that article Well, Congress cannot
rrant charter TO any city, In any state. Territory
pubc domain, II cannot grant organic act TO a Terri.
ory for that but charter The plain provisions Of the
constitution that all rights not expressly reserved
IN the constitution belong 10 the pcspe Now the strongest
sdmrer Of the constitution does not claim that the
tuition grants TO Congress, directly, the right to form
government for the people Of Territory. The only argu-