The Kanzas news., 1858-08-28
The Truth of Tt.

of Freedom" to-wit: there is no legal pro-
vision now on our statute books for the cleo
ton of.members to the Legislature next 0c-
tober, or for meeting of the Legislature
next winter The Herald maintained that
somehow the Legislative power of the Ter
ritory had ..kind O. gin eout,'' ike the Yam
kee boys calf, and would have to be lifted
up and set on its legs again by special in
terposition of Federal Providence-an act of
Congress.
The HeSald's statements were put forward
with such an appearance of eandor, and
supported by such an array of citations from
the statutes that, not then having time to
investigate the matter Thoroughly, we made
brief allusion- to the article as containing
matter for reflection, and let it pass. We
confess that we were more than half in
clined to believe in the truth of it from
what we knew of the last Legislature. I'm
der the lead of Hunker corruptionists who
had contrived to worm their way into the
Territorial Legislature instead of the Terri
torial Penitentiary, that body had devoted
its time to the interests of set of specula-
tors and the destruction of brandy cocktails
rather than the interest of their constituents,
and the destruction of the Border Rufian
usurpation. In their extreme considera-
ton for the nineteen disfranchised coun-
ties," they located the new capital (?) in
one of them, but failed to make new ap-
portionment, so as to allow those disfran-
chised counties voice in making the laws
under which they were to live. The people
asked for their rights, and the Hunker law
makers gave them Minneola
From such eonglomerat;on of dastards,
dupes, drunkards, dolts and dunder-heads,
we long since ceased to expect anything
good. and we were fully prepared to credit
almost any amount of stupidity laid to their
charge. But we are happy 10 assure our
readers that this story of the Rerald's that
there is no provision for another session, is
an arrant humbug To prove this we have
only to quote few sentences from the Or
ganic Act, and the statutes. The Organic
Act provides:
sThaf the Legislative power and authority of said
TerFitoI shall be vested in the Governor and Leg
islative Assembly. The Legislative Assembly
shall consist of a Council and House of Represen-
tatiyes. The Council shall consist of thirteen
members whose term OF service shall eontIn-
ne two years. The House of Representatives, shall,
at its first session. consist of twenty SIX members,
=. whose term of service shall continue one year.
The number of Representatives may be Increased
by the Legislative Assembly from tIme to time, in
Iroportion to the increase of qualified voters, Pro
uided That the whole number shall never exceed
fllirty-niue. An apporfionment shall be made as
nearly equal peactIcable among the several eoun-
ties or Districts for the election OF the COuDci aud
as nearly "a may be. The time
place ard mauner of holding and conducting all
elections by the people, and the aPpordoning the
representation in the several counties districts
to the Council and House of RepreseG rtiyes, ac-
coFding the number of qualified voters shall be
prescribed by law, as well as the day of the COM
meneement of the regular sessions of the Legisla-
tive Assembly. .'-0rganie Act, Sec. %
Such are the general provisions in rela-
ton to the legislative power. BUTT is said
there is no law for the election of members
in future. Let US see:
s.SEo. 3 On the first Monday in October in the
year 1856, and on the first Monday in October in
fUery year thereafter election for Representatives
in The Legislative Assembly, and for all other elee-
tive offices not otherwise provided for by law shall
be held at the respective places of holding cleo
tons in this Territory. ."-Laus 1855, Clap. sc,
Sec 2
SEC. g. First Monday in October, 1857, and ev-
cry two years thereafter, members Of Council to Be
ekesca.
This act is not repealed. So there is no
lack of authority for electing members
But it is said there is no apportionment.
This is not SO; there is an apportionment,
and most ;niquitous one it is-made by
VIM. G. Matthias and ReV. Thomas John
son, as Speaker sf the House and President
of the Council, under the provisions of the
'sact TO define and establish the Council and
Representative Districts for the Second Leg
islatiye Assembly, and for other purposes. %
Approved February Goth, 1857.
Now this act was passed at the second
regular session of the Assembly, but the
whole tenor of the act makes it perfectly
evident that by the phrase ''Second Legisla-
tive Assembly, was meant the Assembly
to sit in the years 1858 and 1889. as they
speak of the first session of the second As
sembly in the same way that We speak ol
the first and second sessions of the thirty
fifth Congress. As q Congress" covers
the time for which the members of the
House are chosen, so an Assembly" coy-
ers the period for which the members of the
Council ara chosen. This is too plain fol-
argument. The apportionment was made
for the second Legislative Assembly-noi
for the first session" merely, but for both
It is true that Sec. 2 of the act above ci-
ted declares that ia the first session of the
Legislative Assembly, snch and such coun.
4iae szail .,nsf,iraf certain districts Int fhs