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property belonging to the United States," clear-stituting temporary governments, must be traced ly show that the term "territory" was used in ite ordinary geographical sense to designate the public domain, and not as descriptive of the whole body of the people, constituting a distinct political community, who have no representation in Congress, and consequently no voice in making the laws upon which all their rights and liberties would depend, if it were conceded that Congress had the general and unlimited power to make all "needful rules and regulations concerning" their internal affairs and domestic concerns. It is under this clause of the constitution, and from this alone, that Congress derives authority to provide for the surveys of the public lands, for securing pre-emption rights to actual settlers, for the establishment of land offices in the several States and Territories, for exposing the lands to private and public sale, for issuing patents and confirming titles, and, in short, for making all needful rules and regulations for protecting and disposing of the public domain and other property belonging to the United States. These needful rules and regulations may be embraced, and usually are found, in general laws applicable alike to States and Territories, wherever the United States may be the owner of the lands or other property to be regulated or disposed of. It can make no difference, under this clause of the Constitution. whether the "territory, or other property, belonging to the United States," shall be situated in Ohio or Kansas, in Alabama or Minnesota, in California or Oregon. The power of Congress to make needful rules and regulations is the same in the States and Territories, to the extent that the title is vested in the United States. Inasmuch as the right of legislation in such cases rests exclusively upon the fact of ownership, it is obvious it can extend only to the tracts of land to which the United States possess the title, and must cease in respect to each tract the instant it becomes private property by purchase from the United States. It will scarcely be contended that Congress possesses the power to legislate for the people of those States in which public lands may be located, in respect to their internal affairs and domestic concerns, merely because the United States may be so fortunate as to own a portion of the territory and other property within the limits of those States. Yet it should be borne in mind that this clause of the Constitution confers upon Congress the same power to make needful rules and regulations in the States as it does in the Territories, concerning the territory or other property belonging to the United States.

directly to some provision of the Constitution conferring the authority in express terms, or as a means necessary and proper to carry into effect some one or more of the powers which are specifically delegated. Is not the organization of a Territory eminently necessary and proper as a means of enabling the people thereof to form and liber-means mould their local and domestic institutions, and establish a State government under the authority of the Constitution, preparatory to its admission into the Union? If so, the right of Congress to pass the organic act for the temporary government is clearly included in the provision which authorizes the admission of new States. This power, however, being an incident to an express grant, and resulting from it by necessary implication, as an appropriate means for carrying it into effect, must be exercised in harmony with the nature and objects of the grant from which it is deduced. The organic act of the Territory, deriving its validity from the power of Congress to admit new States, must contain no provision or restriction which would destroy or impair the equality of the proposed State with the original States, or impose any limitation upon its sovereignty which the Constitution has not placed on all the States. So far as the organization of a Territory may be necessary and proper as a means of carrying into effect the provision of the Constitution for the admission of new States, and when exercised with reference only to that end, the power of Congress is clear and explicit; but beyond that point the authority cannot extend, for the reason that all "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." In other words, the organic act of the Territory, conforming to the spirit of the grant from which it receives its validity, must leave the people entirely free to form and regulate their domestic institutions and internal concerns in their own way, subject only to the Constitution of the United States, to the end that when they attain the requisite population, and establish a State government in conformity to the Federal Constitution, they may be admitted into the Union on an equal footing with the original States in all respects whatsoever.

The act of Congress for the organization of the Territories of Kansas and Nebraska, was designed to conform to the spirit and letter of the Federal Constitution, by preserving and maintaining the fundamental principle of equality among all the States of the Union, notwithstanding the reIn view of these considerations, your Commit- striction contained in the 8th section of the act of tee are not prepared to affirm that Congress de- March 6, 1820, (preparatory to the admission of rives authority to institute governments for the Missouri into the Union,) which assumed to deny people of the Territories, from that clause of the to the people forever the right to settle the quesConstitution which confers the right to make tion of Slavery for themselves, provided they needful rules and regulations concerning the ter- should make their homes and organize States ritory or other property belonging to the United north of thirty-six degrees and thirty minutes States; much less can we deduce the power from north latitude. Conforming to the cardinal prinany supposed necessity, arising outside of the ciples of State equality and self-government, in Constitution and not provided for in that instru- obedience to the Constitution, the Kansas-Nement. The federal government is one of dele-braska act declared, in the precise language of gated and limited powers, clothed with no right- the Compromise Measures of 1850, that, "when ful authority which does not result directly and admitted as a State, the said Territory, or any necessarily from the Constitution. Necessity, portion of the same, shall be received into the when experience shall have clearly demonstrated Union, with or without Slavery, as their constiits existence, may furnish satisfactory reasons tutions may prescribe at the time of their admisfor enlarging the authority of the federal govern- sion." Again, after declaring the said 8th section ment, by amendments to the Constitution, in the of the Missouri act (sometimes called the Mismode prescribed in the instrument; but cannot souri Compromise, or Missouri Restriction) inopafford the slightest excuse for the assumption oferative and void as being repugnant to these powers not delegated, and which, by the tenth amendment, are expressly "reserved to the States respectively, or to the people." Hence, before the power can be safely exercised, the right of Congress to organize Territories, by in

principles, the purpose of Congress, in passing the act, is declared in these words: "It being the true intent and meaning of this act not to legislate Slavery into any State or Territory, nor to exclude it therefrom, but to leave the people

thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States." The passage of the Kansas-Nebraska act was strenuously resisted by all persons who thought it a less evil to deprive the people of new States and Territories of the right of State equality and self-government under the Constitution, than to allow them to decide the Slavery question for themselves, as every State of the Union had done, and must retain the undeniable right to do, so long as the Constitution of the United States shall be maintained as the supreme law of the land. Finding opposition to the principles of the act unavailing in the halls of Congress and under the forms of the Constitution, combinations were immediately entered into in some portions of the Union to control the political destinies, and form and regulate the domestic institutions, of those Territories and future States, through the machinery of emigrant aid societies. In order to give consistency and efficiency to the movement, and surround it with the color of legal authority, an act of incorporation was procured from the legislature of the State of Massachusetts, in which it was provided, in the first section, that twenty persons therein named, and their "associates, successors, and assigns, are hereby made a corporation, by the name of the Massachusetts Emigrant Aid Company, for the purpose of assisting emigrants to settle in the West; and for this purpose they shall have all the powers and privileges, and be subject to all the duties, restrictions, and liabilities set forth in the 38th and 44th chapters of the revised statutes" of Massachusetts.

The second section limited the capital stock of the company to five millions of dollars, and authorized the whole to be invested in real and personal estate, with the proviso that "the said corporation shall not hold real estate in this commonwealth (Massachusetts) to an amount excecding twenty thousand dollars."

The third section provided for dividing the capital stock of the corporation into shares of one hundred dollars each, and prescribed the mode, time, and amounts in which assessments might be made on each share.

words:

The fourth and last section was in these "At all meetings of the stockholders, each stockholder shall be entitled to cast one vote for each share held by him; provided, that no stockholder shall be entitled to cast more than fifty votes on shares held by himself, nor more than fifty votes by proxy."

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"It is recommended that the company's agents locate and take up for the company's benefit, the sections of land in which the boarding-houses and mills are located, and no others. And further, whenever the Territory shall be organized as a free State, the trustees shall dispose of all its interests there, replace by the sales the money laid out, declare a dividend to the stockholders, and that they then select a new field, and make similar arrangements for the settlement and organization of another free State of this Union."

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"With the advantages attained by such a system of effort, the territory selected as the scene of operations would, it is believed, be filled up with free inhabitof New-England origin propose to emigrate under the "There is reason to suppose several thousand men auspices of some such arrangement, this very summer. Of the whole emigration from Europe, amounting to some 400,000 persons, there can be no difficulty in inducing some thirty or forty thousand to take the same direction.”"

"Especially will it prove an advantage to Massachusetts, if she create the new State by her foresight, supply the necessities of its inhabitants, and open in the outset communications between their homes and her ports and factories."

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"It determines in the right way the institutions of the unsettled Territories, in less time than the discussion of them has required in Congress."

Having thus secured from the State of Massachusetts the color of legal authority to sanction their proceedings, in perversion of the plain provisions of an act of Congress passed in pursuance of the Constitution, the company commenced its operations by receiving subscriptions to its capital stock, and exerting its whole power to harmonize, combine, and direct, in the channel it should mark out, all the elements of opposition The plan adopted was to make it the interest of to the principles of the Kansas and Nebraska act. a large body of men, who sympathized with them in the objects of the corporation, to receive their aid and protection, and, under the auspices of the company, to proceed to Kansas, and acquire whatever residence, and do whatever acts, might be found necessary to enable them to vote at the Although the act of incorporation does not dis- elections, and through the ballot-box, if possible, tinctly declare that the company was formed for to gain control over the legislation of the Terri the purpose of controlling the domestic institu- tory. This movement is justified by those who tions of the Territory of Kansas, and forcing it originated and control the plan, upon the ground into the Union with a prohibition of Slavery in that the persons whom they sent to Kansas were her constitution, regardless of the rights and free men, who, under the Constitution and laws, wishes of the people as guarantied by the Consti- had a perfect right to emigrate to Kansas or any tution of the United States, and secured by their other Territory; that the act of emigration was organic law, yet the whole history of the move-arrived in the Territory as actual settlers, they entirely voluntary on their part; and when they ment, the circumstances in which it had its origin, had as good a right as any other citizens to vote and the professions and avowals of all engaged in it, render it certain and undeniable that such at the elections, and participate in the control of the government of the Territory. This would was its object. undoubtedly be true in a case of ordinary emigration, such as has filled up our new States and his own account, to improve his condition and Territories, where each individual has gone, on that of his family. But it is a very different thing where a State creates a vast moneyed corporation for the purpose of controlling the domestic institutions of a distinct political community fifteen hundred miles distant, and sends out the emi a means of accomplishing its grants only as paramount political objects. When a powerful corporation, with a capital of five millions of dollars invested in houses and lands, in merchan

To remove all doubt upon this point, your committee will here present a few extracts from a pamphlet published by the company soon after its organization, under the following cap

tion:

"Organization, objects, and plan of operations of the Emigrant Aid Company; also, a description of Kansas, for the information of emigrants. "Trustees-Amos A. Lawrence, Boston; J. M. S. Williams, Cambridge; Ely Thayer, Worcester. "Treasurer, Amos A. Lawrence. "Secretary, Thomas H. Webb, Boston.

dise and mills, in cannon and rifles, in powder and lead—in all the implements of art, agricul. turè, and war, and employing & corresponding number of men, all under the management and control of non-resident directors and stockholders, who are authorized by their charter to vote by proxy to the extent of fifty votes each, enters a distant and sparsely settled Territory with the fixed purpose of wielding all its power to control the domestic institutions and political destinies of the Territory, it becomes a question of fearful import, how far the operations of the company are compatible with the rights and liberties of the people. Whatever may be the extent or limit of congressional authority over the Territories, it is clear that no individual State has the right to pass any law or authorize any act concerning or affecting the Territories, which it might not enact in reference to any other State.

If the people of any State should become so much enamored with their own peculiar institutions as to conceive the philanthropic scheme of forcing so great a blessing on their unwilling neighbors, and with that view should create a mammoth moneyed corporation, for the avowed purpose of sending a sufficient number of their young men into the neighboring State, to remain long enough to acquire the right of voting, with the fixed and paramount object of reversing the settled policy and changing the domestic institutions of such State, would it not be deemed an act of aggression, as offensive and flagrant as if attempted by direct and open violence? It is a well-settled principle of constitutional law, in this country, that while all the States of the Union are united in one, for certain purposes, yet each State, in respect to everything which affects its domestic policy and internal concerns, stands in the relaŝion of a foreign power to every other State.

Hence, no State has a right to pass any law, or do or authorize any act, with the view to influence or change the domestic policy of any other State or Territory of the Union, more than it would with reference to France or England, or any other foreign State with which we are at peace. Indeed, every State of this Union is under higher obligations to observe a friendly forbearance and generous comity towards each other member of the Confederacy, than the laws of nations can impose on foreign States. While foreign States are restrained from all acts of aggression and unkindness only by that spirit of comity which the laws of nations enjoin upon all friendly powers, we have assumed the additional obligation to obey the Constitution, which secures to every State the right to control its own internal affairs. If repugnance to domestic Slavery can justify Massachusetts in incorporating a mammoth company to influence and control that question in any State or Territory of this Union, the same principle of action would authorize France or England to use the same means to accomplish the same end in Brazil or Cuba, or in fifteen States of this Union; while it would license the United States to interfere with serfdom in Russia, or polygamy in Turkey, or any other obnoxious institution in any part of the world. The same principle of action, when sanctioned by our example, would authorize all the kingdoms, and empires, and despotisms in the world, to engage in a common crusade against republicanism in America, as an institution quite as obnoxious to them as domestic Slavery is to any portion of the people of the United States.

If our obligations arising under the laws of nations are so imperative as to make it our duty to enact neutrality laws, and to exert the whole power and authority of the executive branch of the government, including the army and navy, to enforce them, in restraining our citizens from interfering with the internal concerns of foreign

States, can the obligations of each State and Territory of this Union be less imperative, under the Federal Constitution, to observe rntis neutrality in respect to the domestic institutions of the several States and Territories? Non-interference with the internal concerns of other States is recognized by all civilized countries as a fundamental principle of the laws of nations, for the reason that the peace of the world could not be maintained for a single day without it. How, then, can we hope to preserve peace and fraternal feel ings among the different portions of this republic, unless we yield implicit obedience to a principle which has all the sanction of patriotic duty as well as constitutional obligation?

When the emigrants sent out by the Massahusetts Emigrant Aid Company, and their affili ated societies, passed through the State of Missouri in large numbers on their way to Kansas, the violence of their language, and the unmis takable indications of their determined hostility to the domestic institutions of that State, created apprehensions that the object of the company was to abolitionize Kansas as a means of prosecuting a relentless warefare upon the institutions of Slavery within the limits of Missouri. These apprehensions increased and spread with the progress of events, until they became the settled convictions of the people of that portion of the State most exposed to the danger by their proximity to the Kansas border. The natural consequence was, that immediate steps were taken by the people of the western counties of Missouri to stimulate, organize, and carry into effect a system of emigration similar to that of the Massachusetts Emigrant Aid Company, for the avowed purpose of counteracting the effects, and protecting themselves and their domestic institutions from the consequences of that company's operations.

The material difference in the character of the two rival and conflicting movements consists in the fact that the one had its origin in an aggressive, and the other in a defensive policy. The one was organized in pursuance of the provisions and claiming to act under the authority of a legislative enactment of a distant State, whose internal prosperity and domestic security did not depend upon the success of the movement, while the other was the spontaneous action of the people living in the immediate vicinity of the theatre of operations, excited by a sense of common danger to the necessity of protecting their own firesides from the apprehended horrors of servile insurrection and intestine war. Both parties, conceiving it to be essential to the success of their respective plans that they should be upon the field of operations prior to the first election in the Territory, selected principally young men, persons unencumbered by families, and whose conditions in life enabled them to leave at a moment's warning, and move with great celerity, to go at once, and select and occupy the most eligible sites and favored locations in the Territory, to be held by themselves and their associates who should follow them. For the successful prosecution of such a scheme, the Missourians who lived in the immediate vicinity, possessed peculiar advantages over their rivals from the more remote portions of the Union. Each family could send one of its members across the line to mark out his claim, erect a cabin, and put in a small crop, sufficient to give him as valid a right to be deemed an actual settler and qualified voter as those who were being imported by the Emigrant Aid Societies. In an unoccupied Territory, where the lands have not been surveyed, and where there were no marks or lines to indicate the boundaries of sections and quarter-sections, and where no legal title could be had until after the surveys should be made, disputes, quarrels, violence, and bloodshed might have been expected as

the natural and inevitable consequences of such extraordinary systems of emigration, which divided and arrayed the settlers into two great hostile parties, each having an inducement to claim more ihan was his right, in order to hold it for some new comer of his own party, and at the same time prevent persons belonging to the opposite party from settling in the neighborhood. As a result of this state of things, the great mass of emigrants from the northwest and from other States who went there on their own account, with no other object and influence, by no other motives than to improve their condition and secure good homes for their families, were compelled to array themselves under the banner of one of these hostile parties, in order to insure protection to themselves and their claims against the aggressions and violence of the other.

At the first election held in the Territory, on the 29th day of November, 1854, for a delegate to Congress, J. W. Whitfield was chosen by an overwhelming majority, having received the votes of men of all parties who were in favor of the principles of the Kansas-Nebraska act, and opposed to placing the political destinies of the Territory in the keeping of the Abolition party of the northern States, to be managed through the machinery of their emigrant Aid Companies. No sooner was the result of the election known, than the defeated party proclaimed throughout the length and breadth of the republic, that it had been produced by the invasion of the Territory by a Missouri mob, which had overawed and outnumbered and outvoted the bona fide settlers of the Territory. By reference to the executive journal of the Territory, which will be found in the papers furnished by the President of the United States in response to a call of the Senate, it will be found that Governor Reeder, in obedience to what he considered to be a duty enjoined on him by the act of Congress or ganizing the Territory, on the 10th day of November, 1854, issued a proclamation, prescribing the time, place, and mode of holding the election, and appointing by name three citizens of the Territory, residing in each election district, to conduct the election, in such district, together with the following oath, which was taken by the judges before entering on their duties, to wit:

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sponding tally-lists, and if the tally-lists shall agree, the judges shall then publicly proclaim the result, and shall make up and sign duplicate certificates in the form prescribed; and shall certify, under their oaths, that the certificate is a true and correct return of the votes polled by lawful resident voters. |

The proclamation also provides that the tickets or votes polled shall, after being counted, be again deposited in the box, together with one copy of the oath, and one list of the voters, and one tally-list, and one certificate of return; and that the judges shall seal them up in the box, and carefully preserve the same until called for by the governor of said Territory, in the event c its correctness being contested; and that the remaining copy of the oath, list of voters, tally-list, and return, will be taken by one of the judges, who shall deliver the same in person to the gov ernor.

The proclamation also provides that, "In case any person or persons shall dispute the fairness or correctness of the return of any election-district, they shall make a written statement, directed to the governor, and setting forth the specific cause of complaint or errors in the conducting or returning of the election in said district, signed by not less than ten qualified voters of the Territory, and with an affidavit of one or more qualified voters to the truth of the fact therein stated; and the said complaint and affidavit shall be presented to the governor on or before the fourth day of December next, when the proper proceedings will be taken to hear and decide such complaint."

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By reference to the executive journal of the Territory, we find the following entry:

“December 4, 1854.—The judges of the several election districts made return of the votes polled at the election held on the 29th day of November last, for a delegate to the House of Representatives of the United States; from which it appeared that the votes in the said several districts were as follows, to wit:"

Here follows a list of the votes cast for each candidate in each of the seventeen districts of the Territory, showing that

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J. W. Whitfield had received 2,258 votes. 575 All other persons received And on the same page is the following entry : "December 5, 1854.-On examining and collating the returns, J. W. Whitfield is declared by the governor to be duly elected delegate to the House of Representatives of the United States, and the same day the certificate of the governor, under the seal of the Térritory, issued to said J. W. Whitfield of his election.”

“We do severally swear that we will perform our duties as judges of the election, to be held this day, district of the Territory of Kansas, to the best of our judgment and ability; that we will keep a correct and faithful record or list of persons who shall vote at said election; that we will poll no tickets from any person who is not an actual bona fide resident and inhabitant of said Territory on the day of election, and whom we shall not honestly believe to be a qualified voter according to the act of Congress organizing said Territory; that we will reject the votes of all and every non-resident whom we shall believe to have come into the Territory for the mere purpose of voting; that in all cases where we are ignorant of the voter's right, we will require legal evidence thereof, by his own oath or otherwise; that we will make a true and faithful return of the votes which shall be polled to the governor of the said Terri-rectness of the returns," or to "set forth specific tory."

The same proclamation pointed out in detail the mode in which the election should be conduct ed; and, among other things, that the polls will be opened for reception of votes between eight and ten o'clock, a. m., and kept open continually until six o'clock, p. m.; that the judges will keep two corresponding lists of persons who shall vote, numbering each name; that when a dispute arises as to the qualifications of a voter, the judges shall examine the voter or any other persons, under oath, upon the subject, and the decision of majority of the board will be conclusive; that when the election shall close, the judges shall open and count the votes, and keep two corre

to a seat by virtue of that election was ever conIt nowhere appears that Gen. Whitfield's right tested. It does not appear that "ten qualified voters of the Territory" were ever found who were willing to make the "written statement directed to the governor, with an affidavit" of one or more qualified voters to the "truth of the facts therein stated," to "dispute the fairness or cor

cause of complaint or errors in the conducting or returning of the election," in any one of the seventeen districts of the Territory. Certain it is, that there could not have been a system of fraud and violence such as has been charged by the agents and supporters of the emigrant aid socioties, unless the governor and judges of election were parties to it; and your committee are not prepared to assume a fact so disreputable to them, and so improbable upon the state of facts presented, without specific charges and direct proof. In the absence of all proof and probable truth, the charge that the Missourians had invaded the Territory and controlled the congressional election by fraud and violence, was circulated throughout the Free States, and made the basis

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whom, by the organic law of the Territory, the legislature was to be composed. On the 17th day of April the governor issued his proclamation, summoning these thirteen councilmen and twenty-six representatives, whom he had commissioned as having been fairly elected, to assemble at Pawnee City on the 2nd day of July, and organize as the legislature of the Territory of Kansas.

of the most inflammatory appeals to all men opposed to the principles of the Kansas-Nebraska act to emigrate or send emigrants to Kansas, for the purpose of repelling the invaders, and assisting their friends who were then in the Territory in putting down the slave power, and prohibiting Slavery in Kansas, with the view of making it a Free State. Exaggerated accounts of the large number of emigrants on their way under the auspices of the emigrant aid companies, with the It appears from the journal that the two view of controlling the election for members of Houses did assemble, in obedience to the Goverthe territorial legislature, which was to take nor's proclamation, at the time and place applace on the 30th of March, 1855, were published pointed by him; and, after the oath of office had and circulated. These accounts being repub- been duly administered by one of the judges of lished and believed in Missouri, where the ex- the supreme court of the Territory, to each of citement had already been inflamed to a fearful the members who held the Governor's certificate, intensity, induced a corresponding effort to send proceeded to organize their respective houses by at least an equal number, to counteract the ap- the election of their officers; and each notified prehended result of this new importation. Your the other, by resolution, that they were thus duly committee have not been able to obtain definite organized. Also, by joint resolution, appointed and satisfactory information in regard to the al- a committee who waited on the Governor, and leged irregularities in conducting the election, informed him that "the two houses of the Kanand the number of illegal votes on the 30th of sas Legislature are organized, and are now ready March; but, from the most reliable sources of to proceed to business, and to receive" such information accessible to your committee, in-communication as he may deem necessary. cluding various papers, documents, and statements, kindly furnished by Messrs. Whitfield and Reeder, rival claimants of the delegate's seat in Congress for Kansas Territory, it would seem that the facts are substantially as follows:

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a message

In response to this joint resolution, from the Governor, by Mr. Higgins, his private secretary, transmitting his message, was received, and ordered to be read.'

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The message commences thus :

"To the Honorable the Council and House of Representatives of the Territory of Kansas :

Having been duly notified that your respective bodies have organized for the performance of your of ficial functions, I herewith submit to you the usual executive communication relative to subjects of legislation, which universal and long-continued usage in analogous cases would seem to demand, although no express requirement of it is to be found in the act of Congress which has brought us into official existence, and prescribed our official duties.

reverence of that God who oversees our work, that the star that we expect to add to the national banner and be subject to no reproach save that which springs shall be dimmed by no taint or tarnish of dishonor, from the inevitable fallibility of just and upright men."

The election was held in obedience to the proclamation of the governor of the Territory, which prescribed the mode of proceeding, the form of the oath and returns, the precautionary safeguards against illegal voting, and the mode of contesting the election, which were, in substance, the same as those already referred to in connection with the congressional election. When the period arrived for the governor to canvass the returns, and issue certificates to the persons elected, it appeared that protests had been filed against the fairness of the proceedings and the "The position which we occupy, and the solemn correctness of the returns, in seven out of the trust which is confided to us for originating the laws eighteen election-districts into which the Terri- and institutions, and moulding the destinies of a new tory had been divided for election purposes, al- republic in the very geographical centre of our vast leging fraudulent and illegal voting by persons with a deep and solemn sense of the heavy responsi and magnificent confederation, cannot but impress us who were not actual settlers and qualified voters bility which we have assumed, and admonish us to of the Territory. It also appears, that in some of lay aside all selfish and equivocal motives, to discard these contested cases, the form of the oath ad- all unworthy ends, and, in the spirit of justice and ministered to the judges, and of the returns made charity to each other, with pure hearts, temby them, were not in conformity to the proclama-pered feelings, and sober judgments, to address ourtion of the governor. After a careful investiga-selves to our task, and so perform it in the fear and tion of the facts of each case, as presented by the returns of the judges, and the protests and allegations of all persons who disputed the fairness of the election and the correctness of the returns, the governor came to the conclusion that it was his duty to set aside the election in these seven disputed districts; the effect of which The Governor, with the view to the " ascertainwas, to create two vacancies in the council, and ment of the existing law" in the Territory, pronine in the House of Representatives of the Terri-ceeds to trace the history of all legislation affecttory, to be filled by a new election; and to change the result so far as to cause the certificate for one councilman and one representative to issue to different persons than those returned as elected by the judges. Accordingly the governor issued his writs for special elections, to be held on the 24th of May, to fill those vacancies, and, at the same time, granted certificates of election to eleven councilmen and seventeen representatives, whose election had not been contested, and whom he adjudged to have been fairly elected. At the special election to fill these vacancies, three of the persons whose election on the 30th of March had been set aside for the reasons already stated, were re-elected, and in the other districts different persons were returned; and the governor having adjudged them to have been duly elected, accordingly granted them certificates of election, thus making the full complement of thirteen Councilmen and twenty-six representatives, of

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ing it since the country was acquired from France, and advises the legislature to pass such laws as the public interest might require upon all appropriate subjects of legislation, and particularly the Slavery question, the division of the Territory into counties, the organization of county courts, the election of judicial and ministerial officers, education, taxes, revenues, the location of the permanent seat of government, and the organization of the militia, as subjects worthy of their immediate attention.

From this message, as well as from all the of ficial acts of the Governor preceding it, having reference to the election and return of the members and the convening of the two houses for legislative business, the conclusion is irresistible, that up to this period of time the Governor had never conceived the idea-if, indeed, he has since entertained it-that the two houses were spurious and fraudulent assemblies, having no rightful

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