The Kanzas news., 1858-09-11

DeTS severe Edp-n0 more tnan tney uo-
serve, however. We have no room for
comments. Here is the letter: k
EXECUTIVE OFFICE,
LEcoMPToN, K T., Aug. "a. 1853.
In regard to the question mooted in ref
erence TO the election of Representatives to
the next Legislative Assembly, it seems to
me clear that the election must be held un-
der the provisions of the Act of 1857, or
else that there is no authority for holding it
at all.
To remedy the evil complained of, have
received numerous petitions requesting 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 Of Representatives to one year,
and here the question arises as to when the
term of service commenced. That was un-
doubtedly either on the 30th of March, the
day when the first election was held; or on
the Cd of July, the day on which the first
Legislative Assembly convened in the Ter
ritory. According to Congressional US
age, the latter would be the day; the 4th of
March, the recognized commencement OF
the Congressional term. being fixed only as
the day when the first Congress was to meet.
But if either be taken as the beginning Of
the Legislative year, then the term has ex
pired, 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 Legislative Assembly in extra session,
for my knowledge of their past conduct
would lead me to doubt whether they could
be relied on to meet the just expectations of
the people. They were once SO called to-
gether by my predecessor under written
pledges to pass only certain specific acts,
and when convened proceeded deliberately
to determine by caucus whether they should
or should not violate their pledges. 1t is
true, number asserted that their sigma
lures 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 understood
they were called together, and they were in
honor bound to acquiesce or bring the ses-
sion to 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 pledges should be kept. During
the regular session, great majority band
ed themselves together least SO their
votes would indicator the purposes of
pecuniary profit, and in this nearly the
whole session was consumed. The grant |
ing of exclusive privileges occupied most
of their time, and in one instance they went
so far as to pass bill by which the people |
of Lawrence were to be prohibited from OBJ
tanning water from the Kansas river or even
from their own wells without first obtain
ing the permission of company. This
bill was actually passed through the Coun-
ell over my veto, after had called their
attention to its provisions, but the people |
becoming alarmed, it was finally defeated
in the lower House. This is only one ex-
ample in their conduct. -,laa
But have we any assurance that if call |
ed together, the members of the late Leg
islative Assembly would make new ap
portioment During the last session this
subject was frequently spoken of and urg-
ed on the attention of the members, but it
was not till the tenth day of February, on
" two days before the session must expire, |
that 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, make war on the judiciary
and elevate the military over the civil au
thorities of the Government. Their conf
duct cannot but be regarded as deliberate
refusal to discharge their duties on this
subject, and it is hardly probable, that the
same men, if called together again, would
not again act In the same manner.
Every body remembers how much was
said. and written about the f'nineteen disfran-
chised countless" and yet the members of
the Legislature allowed the session to ap-
proach within two days of its termination
without making one move toward correcting
the evil complained of, but busted them
selves with endeavoring to deprive the peo-
pie, virtually, of Courts of Justice; get
ting up schemes for Constitutional Con-
ventions, without first submitting the ques-
tion to the people to know whether they de-
sired a Convention or not; as well as busy
ing themselves about other little matters al !
luded to, and actually adjourned without
reme6ying the thing most complained of, !
and left the nineteen counties still disfran
chised, evidently preferring private aggrand
izement to public duty.
After such exhibitions of recklessness-t
such disregard of faith-such disregard of
the rights of the people, is it to be expect
ed that they would carry out any legiti-
mate object for which they might be called
together? Having once violated their faith
and their public duties for personal spleen
and private aggrandizement, can they again
be trusted?
1t has been suggested that the Governor |
might assume the responsibility to make a
new apportionment. The laws do not au-
thorize any such act. There is no doubt
but that the apportionment is very unequal, /
and that it ought to be materially changed;
but if there must be any assumption of
power In remedYino this defect il had bet