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authority to pass laws which would be binding upon the people of Kansas. On the first day of the session, and immediately after the organization of the house was effected, the following Resolution was adopted:

"Resolved, That all persons who may desire to contest the seats of any persons now holding certificates of election as members of this house. may present their protests to the committee on credentials, and that notice thereof shall be given to the persons holding

such certificates.'

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other, to have been the ground on which he presented a certificate in one instance, and in another ordered a new election in reference to other districts." But while the minority report affirms the right of the governor to go behind the returns and investigate irregularities and illegal voting at the election, as well as deficiencies in the forms of the returns, and asserts that he did exercise this right in each case in which he granted or withheld a certificate, it maintains that the governor's decision, as evinced by his certificate, was 'final and conclusive and could On the 4th day of July, (being the third day not be reviewed, much less reversed, by either of the session,) the majority of the committee, in- branch of the Territorial legislature. So far as cluding four of the five members, reported that, the question involves the legality of the Kansas "HAVING HEARD AND EXAMINED ALL THE EVI- legislature, and the validity of its acts, it is enDENCE TOUCHING THE MATTER OF INQUIRY BE- tirely immaterial whether we adopt the reasoning FORE THEM, and taking the organic law of Con- and conclusions of the minority or majority regress, passed on the 20th day of May, in the year ports; for each proves that the legislature was 1854, organizing the Territories of Kansas and legally and duly constituted. The minority reNebraska," as their guiding star, they have ar- port establishes the fact, by the position that the rived at the conclusions which they proceed to governor's certificate was conclusive, and that elucidate and enforce in a lengthy report. From he granted certificates to ten out of the thirteen this report, it appears that fifteen out of twenty- councilmen, and to seventeen out of the twentytwo members present were permitted to retain six representatives who finally held their seats, their seats by unanimous consent, no one appear- which was largely more than a quorum of each ing to contest or dispute the fairness of the elec- branch of the legislature. The majority report tion, or regularity or truthfulness of the return, establishes the same fact, by the position tha in either of their cases. Hence the contest was after going behind the governor's certificate reduced to the claims of one member who re- and carefully examining the facts, they con ceived the certificate under the general election firmed these same ten councilmen and seven of the 30th of March, and the six members pre-teen representatives in their seats, and then sent who received certificates under the special awarded the seats of the other three councilmen election of the 24th of May. In the first case the and nine representatives to the candidates whom decision of the Governor was reversed, and the they believed to have been legally elected at the seat awarded to the candidate who received the general election on the 30th of March. highest number of votes at the election of the 30th of March, and from whom the certificate had been withheld by the Governor, upon the ground of irregularity in the election and returns from one precinct, the exclusion of which poll gave the majority to the opposing candidate. In the other six cases, the sitting members were deprived of their seats; and the candidates receiving the highest number of votes at the general election on the 30th of March, were awarded their places, upon the ground that the special election on the 24th of May was illegal and void, the Governor not being authorized, by the organic law of the Territory, to go behind the returns, and set aside the election held on the 30th of March. The minority report dissents from the reasoning, and protests against the conclusions of the majority, and affirms the right of the sitting members to retain their seats, upon the ground that the governor's certificate was not merely prima facie evidence, but was conclusive, in respect to the rights of all claimants and contestants; and nence the house could not go behind the certificates of election to inquire whether there had been a previous election in those districts on the 30th of March, and who had received the highest number of legal votes at that election. The Under date of July 6, the journal contains proposition is thus stated in the minority report: a message from the governor to the "house of "I cannot agree that this body has the right to representatives of the Territory of Kansas," rego behind the decisions of the governor, who, by turning "house bill entitled 'An act to remove virtue of his office, is the organizing federal arm the seat of government temporarily to the Shawof the general government, to evolve and man- nee Manual Labor School, in the Territory of age a new government for this Territory, for the Kansas,' together with his objections." While obvious reason that Congress makes him the sole the governor, in assigning his reasons for returnjudge of the qualifications for membership." It ing the bill, labors to prove that the legislature is true that the minority report, alludes to "evi- had transcended its authority under the organic dence before the committee of great deficiencies, act, in adopting this particular measure, and arnot in the form of conducting the elections, but in gues against its expediency, on the score of the the manner of holding them, both as to the quali- loss of time and money in removing to a differfications of the judges who presided, and the re-ent place during the session, he clearly and disturns made out by them," and says there is no doubt that these illegal proceedings on the one hand induced the governor to withhold certificates from some who, from the number of votes returned in their favor, might at the same time appear to have been properly elected, and on the

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The house, by eighteen votes in the affirmative to one vote in the negative, passed a resolution adopting the majority report, and declaring that the contestants "having been duly elected on the 30th of March, 1855, are entitled to their seats as members of this house." Whereupon four of the sitting members, whose seats were vacated by the adoption of the majority report, signed a protest, and asked that it be spread on the journal of the house, which was accordingly done in the following words:

"Protest.

Representatives of Kansas Territory, believe the or"We, the undersigned, members of the House of ganic act organizing the said Territory gives this house no power to oust any member from this house who has received a certificate from the governor; that this house cannot go behind an election called by the governor, and consider any claims based on a prior election. We would therefore protest against such a proceeding, and ask this protest to be spread upon the journal of this house.

"JOHN HUTCHINSON,
WILLIAM JESSEE,
AUGUSTUS WATTLES,
E. D. LADD.”

tinctly recognizes the council and house of representatives as constituting the legislature of the Territory of Kansas, elected and organized in conformity to the act of Congress creating the Territory.

The reasons of the governor for returning the

bill, was spread upon the journal, and upon reconsideration, it was passed by a two-thirds' vote in each branch of the legislature, and thus be came the law of the land, "the objections of the governor to the contrary notwithstanding.'

On the same day the following resolution was adopted by both houses:

"Resolved by the House of Representatives of the Territory of Kansas, (the Council concurring therein,) That the legislature of said Territory do adjourn on the 6th day of July, A. D. 1855, to meet again on Monday, the 16th day of July, 1855, at 2 o'clock, P. M., at the Shawnee Manual-labor School, in the said Territory."

And on the same day the following resolution was also adopted by both houses:

"Resolved, That a Committee of three be appointed on the part of the Council, to act in conjunction with a Committee on the part of the House of Representatives, to inform his excellency the Governor that the Legislative Assembly will adjourn this afternoon, to meet on Monday, the 16th instant, at the Shawnee Manual-labor School, in the Territory of Kansas."

On the 16th of July, the two houses assembled, in pursuance of the adjournment, at the Shawnee Manual labor School, known as Shawnee Mission, and proceeded to the discharge of their legislative duties. In the mean time the Governor had also repaired to Shawnee Mission, it being the place of his residence in the Territory, and the seat of the executive offices as established and continued by himself, during the whole period he exercised the executive functions.

On the 21st of July, a message was received from the Governor, by his private secretary, Mr. Lowry, directed "To the House of Representatives of the Territory of Kansas," in which he says: "I return to your House, in which they originated, the bill entitled 'An act to prevent the sale of intoxicating liquors, and games of chance, within one mile of the Shawnee Manuallabor School, in the Territory of Kansas,' and the bill entitled 'An act to establish a ferry at the town of Atchison, in Kansas Territory,' without my approval. I see nothing in the bills themselves to prevent my sanction of them, and my reasons for disapproval have been, doubtless, anticipated by you, as necessarily resulting from the opinion expressed in my message of

the 6th instant."

The Governor then proceeds to argue the question at great length, whether the legislature is now in session at a place which can be recognized as a seat of government, where the business of legislation can be legally or legitimately carried on.

He does not question the fairness and legality of the election of the members composing the legislature; nor the regularity and validity of their organization; nor their competency as a legislature to pass all laws which they may deem necessary and proper for the best interests of the people of Kansas, provided it shall be done at the right place. Upon this point he says:

"It seems to be plain that the legislature now in session, so far as the place is concerned, is in contrasession, so far as the place is concerned, is in contravention of the act of Congress, and where they have no right to sit, and can make no valid legislation. Entertaining these views, I can give no sanction to bill that may be passed; and if my reasons are not satisfactory to the Legislative Assembly, it follows that we must act independently of each other."

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In conclusion the Governor says:

"If I am right in these opinions, and our Territory shall derive no fruits from the meeting of the present Legislative Assembly, I shall at least have the satisfaction of recollecting that I called the attention of the Assembly to the point before they removed, and that the responsibility, therefore, rests not on the

Executive."

The Governor having thus suspended all offioial intercourse with the two branches of the

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legislature, refusing to examine their acts with a view of either approving or disapproving them, they appointed a joint committee of the two houses to draught a memorial to the President of the United States, asking his removal from the office of governor; which memorial was signed by the presiding officers and members in joint session. The memorialists, after reviewing the causes which had led to such serious difficulties, and vindicating the right of the legislature, under the organic act, to remove the seat of government from Pawnee City to Shawnee Mission, concluded as follows:

“In conclusion, we charge the Governor, A. H. Reeder, with willful neglect of the interests of the Territory; with endeavoring, by all means in his power, to subvert the ends and objects intended to be accomplished by the Kansas and Nebraska bill,' by neglecting the public interests and making them subservient to private speculation; by aiding and encouraging persons in factious and treasonable opposition to the wishes of the majority of the citizens of the Territory, and the laws of the United States in force in said Territory; by encouraging persons to violate the laws of the United States. and set at defiance the commands of the general Government; by inciting persons to resist the laws which may be passed by the present Legislative Assembly of this Territory. For these, excellency to remove the said A. H. Reeder from the and many other reasons, we respectfully pray your exercise of the functions now held by him in said Territory; and represent that a continuance of the same will be prejudicial to the best interests of the said Territory. And, as in duty bound, we will ever pray," etc., etc.

[Signed by the officers and members of both houses.] On the 15th of August, Governor Reeder addressed a note to the Department of State, acknowledging the receipt of a communication from the acting Secretary, under date of the 28th July, in which he was notified that "in conse quence of your [Governor Reeder's] purchase more espeof Kansas half-breed lands," and cially the undertaking of sundry persons, yourself included, to lay out new cities on military or other reservations in the Territory of Kansas," and "more particularly, as you have summoned the Legislative Assembly of the Territory to meet at one of the places referred to, denominated in your official proclamation 'Pawnee City,' I have, therefore, by the direction of the that President, to notify you functions and your authority as Governor of the Territory of Kansas are hereby terminated."

On the 16th of August, the journal of the House of Representatives says:

"The following message was received from Governor A. H. Reeder, by Mr. Lowry, his private secretary:

"To the honorable the members of the Council and House of Representatives of the Territory of Kansas:

“GENTLEMEN: Although, in my message to your bodies under date of the 21st instant, (ult.) I stated that I was unable to convince myself of the legality of your session at this place, for reasons then given; and although that opinion still remains unchanged, your body, and the bills passed by your houses have yet, inasmuch as my reasons were not satisfactory to been up to this time sent to me for approval, it is proper that I should inform you that after your adjournment of yesterday I received official notification that my functions as governor of the Territory of Kansas were terminated. No successor having arrived, Secretary Woodson will of course perform the duties of the office as acting governor.

"A. H. REEDER."

Inasmuch as Governor Reeder dissolved his official relations with the legislature, and denied the validity of their acts, solely upon the ground that they were enacted in the wrong place, it becomes material to inquire whether it was competent for them, under the organic act, to remove the seat of government temporarily from "Pawnee City" to the Shawnee Mission. The 24th

section of the organic act provides "that the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the provisions of this act.”

That the location of the seat of government, and the changing of the same whenever the public interests and convenience may require it, is a * rightful subject of legislation," is too plain to admit of argument; hence the power is clearly included in this general grant, and may be exercised at pleasure by the legislature, unless it shall be made to appear that Congress, by some other provision, has imposed restrictions or conditions upon its exercise.

The thirty-first section of the organic act provides "that the temporary seat of government of said Territory is hereby located at Fort Leav enworth; and that such portions of the public buildings as may not be actually used and needed for military purposes may be occupied and used, under the direction of the governor and legislative assembly, for such public purposes as may be required under the provisions of this act;" and the twenty-second section of the same act provides that "the persons thus elected to the legislative assembly shall meet at such place and on such day as the governor shall appoint" for the first meeting. These two provisions, being parts of the same act, and having reference to the same subject-matter, must be taken together, and receive such a construction as will give full effect to each, and not render either nugatory. While, therefore, the governor was authorized to convene the legislature, in the first instance, at such place as he should appoint, still he was required, by that provision which made Fort Leavenworth the temporary seat of government, with the view of using some of the public buildings, to designate as the place some one of the public buildings within the military reservation of Fort Leavenworth. Had not Congress, in the mean time, interposed and changed the law, as here presented, the governor would not have been authorized to have convened the legislature at "Pawnee City," nor at any other place in the Territory than some one of the public buildings at Fort Leavenworth, as provided in the organic

act.

of Fort Leavenworth, but for the fact that on the 3d of March, 1855, and before any portion of the money had been expended, or even the site selected, Congress made a further appropriation of twenty five thousand dollars for public buildings, with the proviso "that said money, or any part thereof, or any portion of the money heretofore appropriated for this purpose shall not be expended until the legislature of said Territory shall have fixed by law the permanent seat of government." This provision did not confer upon the legislature any power in respect to the location of the seat of government, either temporarily or permanently, which it did not previously possess; for the general grant, extending to all "rightful subjects of legislation," necessarily included the right to determine the place of holding its sessions. The object, as well as legal effect, of this provision, was, to restrain the governor from expending the appropriation until the voice of the people of Kansas should be expressed, through their legislature, in the selection of the place; leaving the governor to perform his whole duty under the 22d section of the organic act, by appointing the place and day of the first meeting of the legislature, and of expending the money appropriated by Congress for the erection of public buildings, at such place as the legislature should designate for the permanent seat of government of the Territory.

Under this view of the subject, it is evident that the legislature was clothed with legitimate authority to enact the law in obedience to which its session was adjourned from Pawnee City to Shawnee Mission; and that its enactments, made at the latter place, must have the same force and validity that they would have possessed had not the removal taken place.

Those who seek to find some tenable ground upon which to destroy the validity of the legislative acts of Kansas, seeing that they cannot safely rely upon the alleged irregularity of the elections, nor upon the absence of legal authority in the legislature to remove the seat of Government, flatter themselves that they have recently discovered a new fact which will extricate them from their difficulty, and enable them to accomplish their purpose. It is, that by the In view of the fact that the Secretary of War treaties of November 7, 1825, and of August 8, had intimated an opinion that all of the public 1831, with the Shawnees of Missouri and Ohio, buildings at Fort Leavenworth were needed for a large tract of land, including the Shawnee military purposes, and that the location of the Mission, where the legislature held its session, seat of government, even temporarily, within and the governor established the executive of the lines of a military reservation, where the fices, was secured to those indians, with the military law must necessarily prevail, would be guaranty on the part of the United States "that inconvenient, if not injurious to the public ser- said lands shall never be within the bounds of vice, the following provision was adopted in the any State or Territory, nor subject to the laws appropriation bill of the 5th of August, 1854, for thereof;" and that the 19th section of the Kanthe purpose of enabling the governor to erect sas-Nebraska act provides that" nothing in this buildings for the temporary seat of government act contained shall be construed to include any at some more suitable and convenient point in territory which, by treaty with any Indian tribe, the Territory: "That, in the event that the Sec- is not, without the consent of said tribe, to be retary of War shall deem it inconsistent with the included within the territorial limits or jurisdicinterest of the military service to furnish a suffi- tion of any State or Territory; but all such tercient portion of the military buildings at Fort ritory shall be excepted out of the boundaries, Leavenworth for the use of the Territorial gov and constitute no part of the Territory of Kanernment of Kansas, the sum of twenty-five thousas." Upon the authority of these clauses of sand dollars shall be, and in that contingency is hereby, appropriated, for the erection of public buildings for the use of the legislature of the Territory of Kansas, to be expended under the direction of the governor of said Territory."

Under this provision, taken in connection with that clause of the organic act which authorized the governor to convene the legislature at such place as he should appoint, he would have had the right to establish the temporary seat of government and erect the public buildings at Pawnee City, or any other place he might have selected in the Territory, instead

the treaties, and of the act of Congress organizing the Territory, it is assumed that the Shawnee Mission, where the legislature enacted those laws, was not within the limits or jurisdiction of the Territory of Kansas, and hence they were null and void. Without admitting, even by implication, that the place where the legislature should enact its laws would to any extent impair their validity, it is proper to call the attention of the Senate to the fact recorded on its journal, that on the 10th of May, 1854, (only a few days before the passage of the Kansas-Nebraska act,) a treaty was made with

these same Indians, by the first article of which that Pawnee was not a suitable place for them } all the lands granted to them by the said trea- to meet: ties of 1825 and 1831 were ceded to the United States, and, being thus exempted from the operation of the guaranties in those treaties, were, by the terms of the organic act of Kansas, included within the limits, and rendered subject to the jurisdiction of said Territory.

"After the contest was over, and the result known, he delayed the assembling of the body until the 2d day of July-more than three months afterwards-and that, too, when the whole Union was convulsed on account of alleged outrages in Kansas Territory, and yet no law for the punishment or prevention of them. When at last they did meet, upon the call of the governor, at a point where they had previously, in an informal manner, protested against being called, with an avowal of their intention to adjourn to the point at which they are now assembled, for the reasons that the requisite accommodations could not be had; where there were no facilities for communication with their families or constituents; where they could not even find the commonest food to eat, unless at an enormous expense, there being no gardens yet made by the squatters; where the house in which we were expected to assemble had no roof or floor on the Saturday preceding the Monday of our assembling, and for the completion of which the entire Sabbath day and night was desecrated by the continual labor of the mechanics; where, at least, one-half of the members, employés, and almost all others who had assembled there for business or otherwise, The other articles of the treaty provide for had to camp out in wagons and tents during a the survey of those lands, and for granting two rainy, hot season, and where cholera broke out, hundred acres to each Shawnee Indian, to be as a consequence of the inadequate food and held as private property, subject to such condi- shelter; and when, under all of these circumtions as Congress should impose, and recognize stances of annoyance, they finally passed an act the right of the legislature to lay out roads and adjourning to this point-Shawnee Manual-lapublic highways across the Indian lands, on the bor School-where ample accommodations are same terms as the law provides for their loca- provided, and where the governor himself had tion the lands of government, they States. The Rev. Thomas Johnson, who was were met by his veto, which is herewith transpresident of the Kansas legislative council, and mitted." also agent of the Missionary society of the Methodist Episcopal Church, to which the lands and improvements belonged, authorized the legislature to use and occupy such portions of the buildings of which he held the lawful possession as they should find convenient in the exercise of their legislative functions.

The second article granted the house in which the legislature afterwards held its sessions, and the land upon which the house stood, to the missionary society of the Methodist Episcopal Church South, in these words: "Of the | lands lying east of the parallel line aforesaid, there shall first be set apart to the missionary society of the Methodist Episcopal Church South, to include the improvements of the Indian Manual-labor School, three sections of land; to the Friends' Shawnee Labor-school, including the improvements there, three hundred and twenty acres of land; and to the American Baptist Union, to include the improvements where the superintendent of the school now resides, one hundred and sixty acres of land; and also five acres of land to the Shawnee Methodist Church, including the meeting-house and graveyard; and two acres of land to the Shawnee Baptist Church, including the meeting-house and grave-yard."

The Rev. The Citizens of the United previously made it the seat of

Upon a careful review and examination of all the facts, laws, and treaties, bearing upon the point, your committee are clearly of the opinion that the Shawnee Manual-labor School was a place to which the legislature might lawfully adjourn and enact valid laws in pursuance of the organic act of the Territory.

Your committee have not considered it any part of their duty to examine and review each enactment and provision of the large volume of laws adopted by the legislature of Kansas upon almost every rightful subject of legislation, and affecting nearly every relation and interest in life, with a view either to their approval or disapproval by Congress, for the reason that they are local laws, confined in their operation to the internal concerns of the Territory, the control and management of which, by the principles of the Federal Constitution, as well as by the very terms of the Kansas-Nebraska act, are confided to the people of the Territory, to be determined We do not deem it necessary to inquire into by themselves through their representatives in the expediency of the removal of the seat of their local legislature, and not by the Congress, government, for the reason that it cannot affect in which they have no representatives to give or the validity of the legislative proceedings. It withhold their assent to the laws upon which is sufficient to state, that the reasons assigned their rights and liberties may all depend. Under by the Governor against the expediency of the these laws marriages have taken place, children measure were: first, "the loss of time (more have been born, deaths have occurred, estates valuable because limited) which our organic have been distributed, contracts have been made, law allots to the legislative session;" and se- and rights have accrued which it is not compecondly, "because it will involve a pecuniary tent for Congress to divest. If there can be a loss, in view of the arrangements which have doubt in respect to the validity of these laws, been made at this place for our accommoda- growing out of the alleged irregularity of the tion." As an offset to the unfortunate circum-election of the members of the legislature, or the stance that the people of Kansas would be deprived, for the period of ten days, of all the advantages and protection which were expect ed to result from the wholesome laws which the governor had recommended them to enact upon all rightful subjects of legislation, and to the pecuniary loss which would be sustained in consequence of the removal from Pawnee City, the members of the legislature, in their memo- When it was proposed in the last Congress to rial to the President of the United States, asking annul the acts of the legislative assembly of Minhim to remove the governor, state their reasons nesota, incorporating certain railroad companies, as follows, for the allegation that there was an this committee reported against the proposition, unnecessary loss of three months' time after and, instead of annulling the local legislation of the election in convening the legislature, and | the Territory, recommended the repeal of that

lawfulness of the place where its sessions were held, which it is competent for any tribunal to inquire into with a view to its decision at this day, and after the series of events which have ensued, it must be a judicial question, over which Congress can have no control, and which can be determined only by the courts of justice, under the protection and sanction of the Constitution.

clause of the organic act of Minnesota which reserves to Congress the right to disapprove its laws. That recommendation was based on the theory that the people of the Territory, being citizens of the United States, were entitled to the privilege of self-government in obedience to the Constitution; and if, in the exercise of this right, they had made wise and just laws, they ought to be permitted to enjoy all the advantages resulting from them; while, on the contrary, if they had made unwise and unjust laws, they should abide the consequences of their owu acts until they discovered, acknow ledged, and corrected their errors.

It has been alleged that gross misrepresentations have been made in respect to the character of the laws enacted by the legislature of Kansas, calculated, if not designed, to prejudice the public mind at a distance against those who enacted them, and to create the impression that it was the duty of Congress to interfere and annul them. In view of the violent and insurrectionary measures which were being taken to resist the laws of the Territory, a convention of delegates, representing almost every portion of the Territory of Kansas, was held at the city of Leavenworth on the 14th of November, 1855, at which men of all shades of political opinions, "Whigs, Democrats, Pro-slavery men, and Free-state men, all met and harmonized together, and forgot their former differences in the common danger that seemed to threaten the peace, good order, and prosperity of this community." This convention was presided over by the governor of the Territory, as sisted by a majority of the judges of the supreme court; and the address to the citizens of the United States, among other distinguished names, bears the signatures of the United States' district attorney and marshal for the Territory.

It is but reasonable to assume that the interpretation which these functionaries have given to the acts of the Kansas legislature in this address will be observed in their official exposition and execution of the same. In reference to the wide-spread perversions and misrepresentations of those laws, this address says:

It is difficult to see how a more guarded law could be framed, for the purpose of protecting the purity of elections and the sanctity of the ballot-box. The the fugitive-slave law, or the Kansas and Nebraska law does not require the voter to swear to support bill, unless he is challenged; in that case, he is required to take an oath to support each of these laws. As to the dollar law, [so called.] it is merely a polltax, and has no more connection with the right of suffrage than any other tax levied by the territorial authority, and is to be paid whether the party votes force beyond this year, and was resorted to as such or not. It is a mere temporary measure, having no to supply the territorial treasury with the necessary means to carry on the government.

The

"It has also been charged against the legislature that they elected all of the officers of the Territory for six years. This is without any foundation. They elected no officer for six years; and the only civil officers they retain the election of, that occurs to us at presdistrict attorneys, who hold their offices for four, and ent, are the auditor and treasurer of state, and the not six years. By the organic act, the commissions issued by the governor to the civil officers of the Ter ritory all expired on the adjournment of the legislalature. To prevent a failure in the local administration, and from necessity, the legislature made a number of temporary appointments, such as probate judge, and two county commissioners, and a sheriff of each county. The probate judge and county commis sioners constitute the tribunal for the transaction of county business, and are invested with the power to appoint justices of the peace, constables, county surveyor, recorder, and clerk, etc. Probate judges, county commissioners, sheriffs, etc., are all temporary ap pointments, and are made elective by the people at not have avoided making some temporary appointthe first annual election in 1857. The legislature could ments. No election could have been held without them. There were no judges, justices of the peace, or other officers to conduct an election of any kind, until appointed by the legislature. It was the exercise of a power which the first legislative assembly in every Territory must, of necessity, exercise, in order to put this to justify revolution or a resort to force. the local government in motion. We see nothing in law for the protection of slave property has also been much misunderstood. The right to pass such a law is expressly stated by Governor Reeder in his inaugural message, in which he says: A territorial legislature may undoubtedly act upon the question to a limited and partial extent, and may temporarily prohibit, tolabsolute or modified form, with all the force and ef erate or regulate slavery in the Territory, and in an fect of any other legislative act, binding until repeal "The laws passed by the legislature have been mosted by the same power that enacted it.' There is nothgrossly misrepresented, with the view of prejudicing the public against that body, and as an excuse for the revolutionary movements in this Territory. The limits of this address will not permit a correction of all these misrepresentations; but we will notice some of them, that have had the most wide-spread circulation. "It has been charged and widely circulated that the legislature, in order to perpetuate their rule, had pass ed a law prescribing the qualification of voters, by which it is declared that any one may vote who will swear allegiance to the fugitive-lave law, the Kansas and Nebraska bill, and pay one dollar. Such is declared to be the evidence of citizenship, such the qualification of voters. In reply to this, we say that no such law was ever passed by the legislature. The law prescribing the qualification of votera expressly provides that, to entitle a person to vote, he must be twenty-one years of age, an actual inhabitant of this Territory, and of the county or district in which he offers to vote, and shall have paid a territorial tax. There is no law requiring him to pay a dollar-tax as a qualification to vote. He must pay a tax it is true, (and this is by no means an unusual requirement in the States;] but whether this tax is levied on his personal or real property, his money at interest, or is a poll-tax, makes no difference; the payment of any territorial tax entitles the person to vote, provided he has the other qualifications provided by law. The act seems to be carefully drawn with the view of excluding all illegal and foreign votes. The voter must be an inhabitant of the Territory, and of the county or district in which he offers to vote, and he must have paid a territorial tax. The judges and clerks are required to be sworn, and to keep duplicate pollDoxes; and ample provision is made for contesting elections, and purging the polls of all illegal votes.

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ing in the act itself, as has been charged, to prevent a free discussion of the subject of slavery. Its bearing on society, its morality or expediency, or whether it would be politic or impolitic to make this a slave State, can be discussed here as freely as in any State in this Union, without infringing any of the provis ions of the law. To deny the right of a person to hold slaves under the law in this Territory is made penal; sion of the Slavery question, in any aspect in which but beyond this, there is no restriction to the discusit is capable of being considered. We do not wish to be understood as approving of all the laws passed by the legislature; on the contrary, we would state that there are some that we do not approve of, and which are condemned by public opinion here, and which will, no doubt, be repealed or modified at the meeting of the next legislature. But this is nothing more than what frequently occurs, both in the legislation of Congress for such evils is to be found in public opinion, to and of the various State legislatures. The remedy which, sooner or later, in a government like ours, all laws must conform.”

his official reiations with the legislature, on acA few days after Governor Reeder dissolved count of the removal of the seat of government, and while that body was still in session, a meeting was called by "many voters," to assemble at Lawrence on the 14th or 15th of August, 1855, "to take into consideration the propriety of calling a Territorial convention, preliminary to the formation of a State government, and other subjects of public interest." At that meeting the following preamble and resolutions were adopted with but one dissenting voice :

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