The Kansas herald of freedom., 1858-08-28
thereupon.
EXECUTIVE OFFICE,
LECoMPToN. Z. T., Aug. "a, 1858


mooted in reference to the election of Rep
to the next Legislative Assem-
bly, it seems to me clear that the election
must be held under the provisions of the
Act of 1857, or else that there is no au-
thority for holding it at all.
To remedy the evil complained of, ]
have received numerous petitions, re-
questing me to call an extra session Of the
Legislature. There are many reasons why
this cannot be done The Organic Act
confines the term of service for Repre-
sentatives to one year, and here the ques-
ton arises as to when the term of service
commenced. That was, undoubtedly,
either on the 30th of March, the day
when the first election was held, or on the
I'd of July, the day on which the first
Legislative Assembly convened in the
Territory. According to Congressional
usage the latter would be the day, the
4th of March, the recognized commence
ment of the Congressional term, being
fixed only as the day when the first Con-
gress was to meet But if either be taken
as the beginning of the Legislative year,
then the term has already expired and
there are no Representatives who could
legally be called together But even if this
difficulty did not exist, l would not feel
authorized to call together the late Legis-
lative Assembly in extra session, for my
knowledge of their past conduct would
lead me to doubt whether they could be
relied on to meet what might be regarded
as the just expectations of the people,
They were once so called together by my
predecessor, under written pledges to pass
only certain specific acts, and when con-
vened, proceeded deliberately to deter
mine, by caucus, whether they should or
should not violate their pledges. 1t is
true that a number asserted that their
signatures were forged to the pledges thus
given in writing, but whether that charge
was or was not true, the members well
knew the conditions on which it was un-
derstood they were called together, and
they were in honor bound to acquiesce or
bring the session to a close at once But
the pledges were violated, and it is said
that some of those whose signatures were
genuine, were the most active in having
this done, while some whose names had
been forged, insisted that the pledgeshould
be kept
During the regular session, great ma
jority banded themselves together at
least so their votes would indicate-for
purposes of pecuniary profit, and in this
nearly the whole session was consumed.
The granting of exclusive privileges oc-
cupied much of their time, and, in one
instance, they went so far as to pass a bill
by which the people of Lawrence were to
be prohibited from obtaining water from
the Kansas river, or even from their own
wells, without first obtaining the permis-
sion of company. This bill was actu-
ally passed through the Council, over my
veto, after had called their attention to
its provisions; but the people of the town
becoming alarmed, it was finally defeated
in the lower house. This is only one ex-
ample of their conduct. But have we
any assurance that, if called together, the
members of the late Legislative Assem-
bly, would make new apportionment?
During the late session, this subject was
frequently spoken of, and urged on the
attention of the mem mbers but it was not
until the tenth day of February, only two
days before the session must expire, that
a bill for that purpose was introduced
Even then there was time to have passed
the bill, but the majority, no doubt, found
it more congenial to their views to grant
charters to private companies, confer bank
ing privileges, making war upon the Judi
ciary, and elevate the military over the
civil authorities of the government. Their
conduct cannot but be regarded as delib-
crate refusal to discharge their duties on
this subject, and it is hardly probable that
the same men, if called together again,
would not act in the same manner.
Everybody remembers how much was
said and written about the nineteen dis
franchised Counties" and yet the mem
bers of the Legislature allowed the ses-
sion to approach to within two days of its
termination, without makiDg one move
towards correcting the evil complained of,
but busted themselves with endeavoring
to deprive the people, virtually, of courts
of justice, getting up schemes for Con-
stitutional Conventions, without first sub
mitting the question to the people to know
whether they desired Convention or not,
as well as busying themselves about other
little matters before alluded to, and actu-
ally adjourned without remedying the
very thing most complained of, and left
the nineteen counties still disfranchised,
evidently preferring private aggrandise-
ment to public duty. After such exhibi-
tons of recklessness. such disregard of
faith, such disregard of the rights of the
people, is it to be expected that they
would carry out any legitimate object
for which they might be called together ?
Having once violated their faith and their
public duties for personal spleen and pri-
vate aggrandisement, can they again be
trusted !?
1t has been suggested that the Cover
nor might assume the responsibility to
make new apportionment. The laws
do not authorize any such act. There is
no doubt but that the present apportion-
ment is very unequal, and that it ought
to be materially changed; but If there
must be any assumption of power in rem
edying this defect, it had better be done
by the people than by the Executive
The different departments of our Govern
ment-the Legislative, Executive and
Judicial-ought never to be allowed to
infringe on one another, and it is seldom
that case arises that would justify an
executive officer in the exercise of powers
not clearly delegated to him by Law. In
this case, do not think such contin-
gency has arisen, and therefore I do not
feel authorized to go outside of the law
and do an act which more appropriately
belongs to the people. It is true, that to
reach it. they viii have to take more
circuitous route, but still they can reach
it. nevertheless, and that, too, without the
violation of any law of the land. The
second section of the Act of February
10Th, 1851. would seem to eonfne Its OPP
erations to ..the frst session of the second
Legislative Assembly" I" for these are the
words used; but It Is apparent that they