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Wkftj (Braminn.
■ M P>PP*feX
ATLANTA, JANUARY 17, 1856.
tV P. M. Sitton, Esq-; is authorized to re"
ceive and receipt for monies due this office.
Traveling Agents for the Examiner.
John H. James, T. Gorman, P. Gobman,
Joseph K. Bubke.
Citizens’ Tlcls-ct.
FOB MAYOR.
WM. MARKHAM.
FOB MEMBERS OF COUNCIL.
First (JOHN G. WESTMORELAND,
Ward. f W. W. ROARK.
Second ) JAMES E. WILLIAMS,
Ward, f L. C. SIMPSON.
Third 1 L. P. GRANT,
Ward, j JOHN M. SPANN.
Fourth 1 JOHN B. PECK,
Ward, j JARED J ; WHITAKER.
Fifth ) J.. A. HARDEN,
Ward, [ WILLIAM P. ORME.
Snow.
At the time we write (Friday night) the
streets, house-tops &c., are white with enow,
which has been falling incessantly all day.
Speech of Mr. Stephens.
We give place to-day to the recent speech of
Mr. Stephens on the organization of the House
of Representatives, and commend it to the at"
tention of our readers.
Forsyth County.
The entire Democratic county ticket was
elected in Forsyth ; and a ticket embracing of
ficers better qualified for their respective posi
tions has not been put forth in any county ’.in
the State, by either party.
Belting and Card' Manufactory.
The attention of all interested is directed to
the advertisement of Mr. Jno. H. Haskill, of
Baltimore, whose Manufactory, on Eutaw Street
in that city, turns out yearly large quantities of
Cards for cotton and woolen Factories; Leath
er Belting of all descriptions, Leather Hose
&c., of excellent quality. Seo card in another
column.
unicipal Election.
We present to day an independent citizens’
ticket for Mayor and Aidermen. If there is
one man upon it of second rate ability, or one
in whoso bounds the affairs of the city would
be improperly managed, we are ignorant of it.
The ticket has been selected from the most en
terprising mon in the city, men whose known
probity and large interest in the welfare of the
city, guarantee the proper management of our
muucipal affairs.
‘ MIMIC LlFE—Before and Behind the Curtain”—
By ANSA Coax Bitchin, formerly Anna Cora Mow
at. Tickuor &. Flelda. Publtehere, Boston. Brlee
t'or rale at Kay’s cheap Book Btorea.
Those who have read “Autobiography of an
Actre*," by Mrs. Mowat, will be glad to fol
low this gifted lady through another volume
upon the interesting subject she so truthfully
and beautifully treats. Mimic Life needs no
encomiums from us—the book itself, and the
pen that wrote it, nre its own critique.
Kansas.
Believing aa wo do that every man in the South
fa immediately interested in the affairs of Kan
sas, and should, therefore, be thoroughly acquain
ted with the relative positions ot parties there, we
surrender our entire space to-day to an “Address
to the People of the United States and Kansas,”
by a committee appointed by the recent Conven
tion tn tfint Territory for that purpose. It is a
well written and highly interesting paper, logi
cal, argumentative and dispassionate, and can
bo relied upon.as giving an accurate and faithful
history of the Kansas troubles. We commend it
to the thoughtful attention of every Southerner
whose eye retts upon it.
Kansas and Georgia.
It |a not our purpose to indicate a lino of
policy for Georgia iu relation to Kansas affairs.
The Governor’s able message brings the subject
before the Legislature in terms that call upon
it for immediate and decisive action, and our
own knowledge of the scuse of that body upon
the question leave* no doubt that it will give
the matter all the consideration due from it as
the representative of a noble aud chivalrous
people. Our object is to direct attention to
the peculiar relations which exist between the
Territory of Kansas, and our own State.—
Aside from the affinity of interest natural be.
tween Stalos embodying the same institn.
tious, and the still more binding interest we
have iu the pro aud anti-slavery issue being
made there, Kansas has an additional claim
upon us it) the position she occupies with
regard to her future. The Hou. D. R. Atchi
son, whose intimate acquaintance with the af
fairs of the territory gives authority to his
opinions, distinctly declares, (and he sjieakn the
sentimc its of the people of the Territory) in
the able letter from his pen which we published
yesterday, thut in tlie event of the refusal of
Congress to admit Kansas as a slave State, aud
with a Constitution similar to that of Georgia,
he will contend “ Kansas is a State, sovereign
he and indedendent, out of the Union.” This is
precisely the position of Georgia. If Kansas
is refused admission into the Union after she
baa complied with the constitutional requisitions
and because her Constitution is “similar if not
Identical with that of Georgia.'' then Georgia
herself is proscribed, and has no business in a
Union which docs not recognize her sovereignty
nor has any other Southern State. Ter
ritories have rights as well as States.—
They have the right of sovereignty as soon
as they attain a population coequal with
the requisitions of the Constitution, and Con
gress has no right to refuse their admission
upon any other ground than that of non-com
pliance with constitutional icquisites. To yield
tt that right would establish a principle that
might operate to'cx elude Georgiu from the Union
whenever an anti-slavery majority in Congress
thought proper to do so. Georgia has firm’y
declared that iu the event of the exercise of
such a right by Congress she will sever eve
ry tie that binds her to the Union. So will
Kansas. Both occupy the same position. Now
•vhut are their relative duties ? Kansas is shed
ding her best blood in defense of Georgia insti
tutions; her Citiit'n- have jepardized their
•• persons afiJ their property’* in an effort to se
cure to Georgia the recognition of her consti
tutional right of equal participation in the ter
ritories of the United States; they are strug
gling, not only to prevent the extension of the
anti-slavery numerical power in Congress, but
to preserve the Missouri delegation from free
soil influence,~which has been shown by Mr.
Atchison, necSSsarily result from Kansas
becoming a'/ree State. All this has Kansas
done, and still doing; and shall Georgia
bound to her by ties of more than sisterly in
terest, see her prostrated by a common foe, and
not lift her hand to stay the work of destruc
tion? Our hdnor, interests—all, all are at
stake upon the Kansas issue. What, compared
to these, are the few thousands for.which our
suffering defenders in Kansas ask, not for them
selves, but for the protection of one of Geor
gia’s constitutional rights! The chivalrous
people of this noble State would indignantly
repel an imputation that money would weigh a
moment in the scale with their honor—no par
simonious spirit has ever characterized their
action, and none ever will.
But money alone will accomplish nothing.—
The people of Kansas call upon us to act. The
Governor’s, plan of action—providing for the
calling of a Convention—seems to be favored
by our Kansas friends as calcinated to intimi'
date the’agressive anti-slavery men. Let us
give the Governor the power he desires, and
let the giving be accompanied with such “ma
terial aid” to Kansas as shall warn the fanati
cal North that what we say we mean. Noth
ing that we can do should be left undone. The
people expect much from the Legislature—it
will not disappoint them.
FOB THE EXAMINEE.
TO MIBB 0. T. D.
Ou seeing some flakes of snow fall on her bosom du
ring the recent fall of inow.
Those envious flakes come down in haste
Thy breast to prove less pure and fair,
But grieve to find themselves surpassed
Dissolve into a sorrowing tear.
And now it forms a beauteous globe
There softly floating on a tide of sighs;
Then mirrors bark the angel features
Os one whose life is a scene of smiles.
And when its envious mission’s ended,
Then yields its life to the passing breeze;
Thus softly quitting its peaceful Haven
Retires to embalm fond Angels dreams.
: So thus when life’s fond dreams are ended
Will thy tranquil spirit be exhal’d to Heav'n,
And there thy magic voice be blended
With the Warblers of that joyous Haven.
Atlanta, January 12, IBM.
For the Atlanta Examiner.
Decatur, DeKalb Co., Jan. 9,1856.
Messrs. Editors :
Believing you and the public will hear many
false reports in relation to the election of Sher
iff in this county, I have thought proper to give
you the facts in the case, with which you may
do aS you please.
Oapt. John W. Fowler, as yon know, was
the candidate of the Democratic party, and J.
W. Goldsmith of the Know Nothing.—Gold
smith denied being a K. N., and claimed to
be Democrat, and thus got many Democratic
votes.
But to the points about which there are false
reports. When, on Tuesday, the returns were
brought in from the different precincts, it was
found that there was no affidavit of the mana
gers at Stone Mountain or Shallow Foru, ,:o
oompanying the returns—and when the ques
tion was raised as to whether the managers at
these two precincts bad taken aud subscribed
the oath prescribed by law, the Justice bring
ing the returns from Shallow Ford, at once,
frankly admitted that they did not, at that
place. But the Justice from Stone Mountain
first contended that there was no oath necessa
ry : then stated that they hod, at the Mountain,
taken the proper oath, but hod not subscribed
it; but finding that that would not do, he then
said that they all took and subscribed the oath
required by law, and that it must have been
left through mistake. The rest of the consoli
dating managers then agreed to wait till he
could go to the Mountain and get the lost af
fidavit.
He went and came, and then admitted that
there was no oath administered, but to one of
the managers—a freeholder—and that accord
ing to the old law, which was repealed in 1852;
aud not the oath now required, and that it was
not in writing.—Whereupon, the vote from
those two precincts was ruled ont, without a
dissenting voice.
It is proper here to state that two-thirds of
the consolidating managers, including those from
Stone Mountain and Shallow Ford, were Gold,
smith, men.
I should have stated before that counting
the votes at these two places, Goldsmith would
be elected by 16 to 18 votes; und throwing
them away Fowler is elected by three votes.
All the rest of the Democratic ticket is elect
ed by large majorities.
TRUTH.
Rail Road Meeting in Hall
A respectable portion of the citizens of Hal|
county, irrespective of parties, assembled in the
court-house, in Gaiusville. on Tuesday the Bth
of January, 1856, when on motion of Col.
James Roberts. Mr. John Garner was called to
the Chair, and J. W. Roark, requested to aet
as Secretary.
E. W. Johnson, Esq., being called on to ex
plain the objects of the meeting, made a few
appropriate remarks, showing the various con
nections and importance of the Chattahoochee
Ridge Rail Road, and introduced tlie following
preamble and resolutions, which after some
discussion, were unanimously adopted, to wit:
Whereas, efforts are making before the Leg
islature of Georgia, to procure the aid of the
State for various Rail Road enterprises and
whereas we believe there is no project contem
plated, of more importance to the State, and
the whole community, than the proposed Rail
Road from the Rabun Gap to Atlanta, or some
other suitable point on the Georgia Road, known
as the Chattahoochee Ridge Road, os nature
seems to have prepared said ridge for the pur
pose—therefore.
Resolved, That we the people of Hal! eonn
ty are in favor, and deeply impressed with the
importance of said Rond, and earnestly request
our Senator aud Representative, to use their
best efforts to procure the aid of the State, suf
ficient to ensure the completion of said Rail
Road.
On motion of Col. J. Roberts,
Resolved, That the proceedings of this meet
ing be signed, and the Atlanta, and Milledge
ville papers, be requested to publish.
And tl» meeting adjourned.
JOHN GARNER. Cha.
J. W. Roark. Secy.
[COMMUNICATED.]
Americans shall Rule America.
It is respectfully submitted to the citizens of
the Rail Road City that, in order to more ful
ly'carry out the above principles, and to en
courage the "office-seeking the man, instead of
the man the office,” that they request the Mar
shal and Deputy to resign their stations, and that
Painter Smith be appointed Chief Marshal,
with power to choose’his Deputy. Since those
two distinguished Americans, Major Andrew
Gillom and Capt. Matthew Lester, have had
their claims acknowledged—the first by receiv
ing the appointment of Night-Watch, and the
latter as Captain of the Watch—it is certainly
due to the oldest American (Painter) that he
should be one of the rulers.
PRY IN A CORNER.
Duiaocratic Meeting in Forsyth.
Cumming, Ga., Jan. 8,1855.
A portion of the Democrats met in the
Court House here to-day, for the purpose of
appointing delegates to the Milledgeville Con
vention, to be held on the 15th inst.
On motion of Curtis Green, Esq., Hon. Har
dy Strickland was'called to the Chair, and A.
G. Hutchins, appointed Secretary.
The Choir briefly expressed the object of the
meeting, after which, Curtis Green, Esq., made
a move to the effect that, H. Strickland, G. H.
Julian and M. E. Cunningham, Esqs., onr Sen
ator and Representatives in the Legislature, be
appointed delegates to said Convention, which
motion was unanimously adopted.
Mr. A. G. Hutchins offered the following
resolution which was adopted by the meeting.
Resolved, That we approve of the adminis
tration of Franklin Pierce, and recommend him
to the favorable consideration of the people of
these United States.
On motion of H. Barker, Esq.,
Resolved, That the proceedings of this meet
ing be published in the Atlanta Examiner.
On motion, the meeting then adjourned.
H. STRICKLAND, Ch’m.
A. G. Hutchins, Sec’y.
Remarks of Mr. Stephens on the Organi
zation of the House.
M. Stephens. Is the resolution of the gen
tleman from Pennsylvania [Mr. Broom] now
before the House ?
The Clerk. Yes, sir-
Mr. Stephens. Mr. Clerk, lam opposed to
that resolution, just as I was opposed to the
resolution of the gentleman from Tennessee.
tMr. Etheridge.] I think the suggestions made
y the gentleman from Pennsylvania, or rather
his plan for an organization, wholly impracti
cable. We cannot organize the House, sir, in
that way, in my opinion, and I should be op
posed to doing it, if we could. One or two re
marks, however, fell fiom that gentleman, which
I wish to reply to before making the motion
which I intend to submit. He said that the
members of the American party, to which he
is attached, of this House, as I understood him,
were elected upon the principles of that party,
as paramount to all other questions, and his
whole object seems to be to invoke and effect
an organization of this House- upon the basis
of the principles of the American party. What
the strength of that party is in this House I do
not know; but the gentleman from Kentucky
[Mr. Humphrey Marshall] the other day in
formed ns, if I did not misunderstand him. that
there was a majority upon this floor belonging
to that party. It may be, then, that the House
could be organized upon the principles of that
party, paramount, we are told, with them to all
other questions; but I wish to ask the gentle
man, and the House, and the country, what a
spectacle would be presented to the world by
such a result ? It may be, I say—for Ido not
know—that there is a majority in this House
say one hundred and seventeen or one hun
dred ■■ .nd eighteen members—who have joined
that party, but there are only about thirty-four,
all told, who vote with the gentleman from
Pennsylvania [Mr. Broom] and the gentleman
from Kentucky, [Mr. Humphrey Marshall,]
and but sor 6,1 believe, from the entire North
who stand with them for Mr. Fuller, against
Mr. Banks. All the other member’ of that
party—amounting, if this statement be true, to
more than two-thirds, and perhaps three-fourths,
of the party —stand in solid phalanx agair,st
one whole section of this Union, for Mr. Ranks
has not received a single vote from the entire
South. Now, sir, if such be the American
party, what a spectacle docs it prerent to the
country! Might I not appeal to the gentleman
from Pennsylvania himself, us well as to his as
sociates from the South, and ask, if the party
iu its beginning, not much over two years old,
has become so thoroughly corrupt that at least
two-thirds, if not three-fourths of its members,
are arrayed in solid phalanx against one whole
ection of the Union, ought it not to be put
down?
I am, therefore, sir, opposed to the organiza
tion of this House upon the basis of the princi
ples of a party so organized and so constituted
—one that presents no better ground than this
to my consideration. But the gentleman said
that the American party were elected upon the
principles of that party as paramount to all
others. How gentlemen were elected iu differ
ent portions of the country, or what questions
were considered as paramount in the canvass, I
shall not undertake to say. So far as my own
election was concerned, I will say this, howev
er : I was elected upon the principle of main
taining the Constitution of the United States
iu all its length and breadth, height aud depth
—every clause and every section of it. This
with me, sir, was paramount to all other ques
tions.
Mr. Broom. Allow me to say that so was I.
Mr. Stephens. Then tet us see, Mr. Clerk,
if I understand the principles of that party, and
the gentleman can set me right if I am in er
ror, because we outsiders have got only the lit
tle glimmering light that is occasionally shot
forth from tlie dark caverns of the secret "order.'’
[Laughter and applause.] If I understand, I
say, the principles of tlie gentleman's party, on
the principles of which, as a basis, he desires an
organization, of the House, it sets out with this:
that no member of it shall ever vote for any
body, for any office, who is not a native-born
American, who is not in favor of -Americans
ruling America.” nor if ho be a Roman Cath
olic. I ask the gentleman if that is not the
corner-stone of bis party. This I understand
to be true—and, perhaps, hereon -hangs a tale"
which may explain why some gentlemen from
the South, cannot vote for tlie gentleman from
Illinois, [Mr. Richardson.] He, it is true, may
be a native-born American: he may be no
Roman Catholic; but he does not subscribe to
their creed of “Americans ruling America"—
that is, of excluding all foreign-horn citizens
from office. Hence their inability to vote for
him consistently with their obligations. Sir.
the Constitution of this country does not ex
clude foreign-born citizens from’ office > and be
cause the gentleman from Illinois [Mr. Rich
ardson] will not assume a position higher than
and above the Constitution; and niak? a test for
office that it never makes, there is an “impossi
ble barrier between the gentleman from Penn
sylvania and the gentleman from Illinois, and
e very other man that is not iu favor of “Amer
icans ruling America,” or of excluding for
eigh-bom citizens from office.
Now, sir, the next principle of that party, as
I understand it, is. that if an individual is elect
ed by it to office, he never shall confer office
upon any foreign-born citizen, or upon a Roman
Catholic, and shall remove all such from office
where it can be done. Your President, sir,
would be bound by the principles of that party
—and bound, too, I believe, by an oath—never
to appoint a Roman Catholic to office. as well
as to remove all such who now hold office, where
he could do it. Now, sir, the gentleman says
i that he is iu favor of maintaining the Consritu
tioa of tlie countr . Tlie Constitution save
that no-religious test shall ever be required for
any office or public trust under the United
States ; but this principle 'of the American
party makes it the duty of the President,’ and
of any other officer elected by them, never to
appoint a Roman Catholic to office; that is, it
makes it the duty of those they elect to require
a test in their appointments. It is, therefore,
in d irect opposition to that great principle of
the Constitution. Now, is an officer elected by
that party to comply with the obligations of
the party, or with the obligations of the Consti
tution ?
Mr. Reade, (interrupting.) Will the gentle
man allow me to ask him a question ?
Mr. Stephens. Yes sir.
Mr. Reade. Suppose a candidate for office
were to admit to you, or, if he did not admit it,
you were yourself satisfied of the fact, that he
held religious opinions inconsistent with the
freedom and safety of the country, would you
vote for him ?
A Member. That is an impossibility.
Mr. Stephens. lam not here, Mr. Clerk,
to discuss questions of “religious opinion.” 1
judge men by their acts—by their deeds—by
their works. “By their fruit ye shall know
them,” and not by their professions, their faith,
or their creeds in matters spiritual. If a man
—a candidate—should hold “political opinions”
inconsistent with the safety of the country, I
should vote against him. His religion is a
matter between himself and his God.
Mr. Reade. The gentleman allowed me to
ask him the question ; I hope the House and
the country will mark that he will not answer
it.
Mr. Whitney. I should like to ask the gen
tleman from Georgia a question.
Mr. Stephens. I will hear the question.
Mr. Whitney. I understand that the gentle
man declines answering the question propound
ed to him by the gentleman from North Caro
lina. I will ask him another, which he may
perhaps be able to answer.
Mr. Stephens. What is it ?
Mr Whitney. I would ask that gentleman
to suppose a person should apply to him for
an appointment to an office of public trust, and
that person should avow, or the gentleman
should possess satisfactory evidence of the fact,
that the person applying entertained political
opinions hostile to the institutions of this Repub
lic, would he in that case appoint such person
to office ?
Mr Stephens. I would not.
Mr. Whitney. That is all; it is the political
character of the Papacy which affords the sole
basis of my opposition to its encroachments in
this country.
Mr. Stephens. The gentleman says that is
the basis of his party's opposition to Papacy;
that is the reason they will allow no Roman
Catholic to hold office by election or appoint
ment ; and that assumes that every"'man who
holds that religious faith, native-born or not, is
an enemy to our country, which assumption I
spurn in behalf of that church, thousands of
whom I believe to be as true patriots as ever
breathed American air.
Mr. Eustis, (interrupting.) I have no desire
to interrogate tlie gentleman from Georgia.—
The opinions of that gentleman are perfectly
well known,and I take occasion to say in this
House, and I desire it to go to the country,
that I coincide with him in every respect with
regard to his opinion on the subject of this reli
gious test.
Mr. Walker. So do I.
Several members. So do I-
Mr. Eustis. The State of Louisiana has
repudiated in the most formal and emphatic
manner the action of the national American
party of this country.
Mr. Stephens. The American party of the
State of Louisiana, I had heard, sir, have repu
diated that doctrine ; and that other States
have done, or will do the same, I have no doubt.
They have done, or will be compelled to do it,
State by State, council by council, until the
grate fabric of Americanism, as at first reared
by its secret, unknown architects, growing
“small by degreees and beantiftilly less,” will
be extinct and and defunct in less than twelve
months. [Laughter.] It is founded in error—
concocted m it; thrown into existence from it;
the diverse changes and mutations it has under
gone in different places show thie ; and what
remains of it rests still upon errors equally
flagrant.
Am I wrong, then, sir, in being opposed to
an organization of this House upon the prin
ciples of such a party ?• Those principles—
those of the national American council—are as
I have stated then, at least as I understand
them. A House so organized wc aid be thrown
into the hands of men, in my opinion, whose
objects and aims, so far from sustaining the
Constitution, would be to strike it down in
some of its most esential particulars- —some of
the most characteristsc ideas and principles of
that “true Americanism” which I was reared to
approve, and to cherish and admire. In ap
pointment or ebjetion to office of men who are
citizens, either,by birth or adoption, within the
constitutional/llmitations, merit alone—in which
I include no', only ability and personal integri
ty. but poli deal principles —should be put into
the scale, and it is immaterial to mu where
they are 'corn, or what is their religion. This
isone of J the glorious features of American
institutions. Are they true to the Constitution?
Do th<iy come up to its requirements touching
qualifications, and otherwise suitable for the
office. If so, no question of eligibility arising
from, "birth-place, religious faith, or creed, should
ever be raised in odious and unjust discrimina
tion against classes or sects.
The Clerk, (interrupting.) The Clerk must
remind the gentleman from Georgia that his
ten minutes have expired. [Cries of “Go on!”
“Go on!”] The gentleman will proceed by un
animous consent.
Mt. Campbell, of Ohio. I make the same
motion now that I made when the gentleman
from Georgia [Mr. Stephens] objected to my
colleague's proceeding the other day. I move
that the gentleman be permitted to proceed.
Mr Stephens. I will not proceed, as there
s objection.
Later from Europe—Arrival of
the Arago.
New Yobk, Jan. 7.—The steamer Arago
-1 with despatches from Havre to the 19th Dec.
has arrrived here.
From the Crimea. —Crimea accounts say
that the British.army, next Spring, will be di
vided inte coup d’arme, to be plaeed under the
command of Generals Campbell and Eyre.
Au Odessa letter mentions the occurrence of
a destructive fire at. one of the Russian military
settlements, by which a large quantity of mil
itary stores were, destroyed.
The winter iu the Crimea had fully set in.
Russia Refuses to Negotiate.—An inter
view between Baron Wartier, the Prussian am
bassador, and Count Nesselrode, is said to
have taken place, in which the latter is repor
ted to have declared that Russia would never
enter into negotiatioi* while a foreign soldier
reminded on Russian territory.
New Yobk, Jun. 7. —The U. S. Mail steam
ship St. Louis has arrived from Aspinwall.—
The troops carried out by h»r from Norfolk
were transferred, toimediately upon her arrival
to the steamers Golden Gate mud Oregon, with
out accident. They were all in good health.—
The Orejstm est Panama on the 26th Dec.
and the Gotten Gate would leave immediate
ly before the arrival of the s ten mor which left:
New York on the 26th of Dee.
Australia. —The St. Loais brings dates I
from Sidney. Australia, to the Ist October, I
Valparaiso to the 30th Oct, Callao to the 10th j
Dec., and Paha. Dec. 15.
The Australian news contains little of im- j
portance, Gallego Flonr at Sidney, sold at
Bs.
Chili.—A .treaty of amity and commerce
had been signed between Chili and Great Brit
ain.
The Valparaiso market was dull, owing to
limited arrivals.
Peru.—Another revolution was brewing in I
Peru.
Gallant.—A lady, playing on a pianoforte,;
on being called on for a dead march, asked a .
celelfrated professor of music what she should i
play ? He replied, “Any march that you may
play will be a dead one. for you're sure to mur-.
der it” j
To the Citizens of the U. States
and of the Territory of Kansas:
At a large and respectable meeting of dele
gates, representing almost every portion of the
lerritory of Kansas, held at. the city of Leav
enworth on the 14th inst., the undersigned were
appointed a committee to address the citizens of
the United States and of the Territory of Kan
sas and to lay before them a true statement of
the past and present state of things in this Ter
ritory. This meeting was composed entirely of
citizens of the Territory without regard to for
mer party names or distinctions. Whigs and
democrats, pro-slavery men and freo-State men,
all met and harmonized together and forgot
their former differences in the common danger
which seemed to threaten the peace, good order,
and prosperity of this community. The great
object of this meeting was, to maintain law aud
order in this Territory, and to adopt such means
as in their judgment seemed most advisable to
dissipate the vast amount, of error and unfound
ed prejudice existing in the public mind in re
lation to affairs in Kansas. It cannot be de
nied that misrepresentation and falsehood, un
scrupulously commenced, and pertinaciously ad
hered to, assuming all the boldness and circum
stantiality of trutli, have created a publiqopinion
in the North, and also to some extant iu the
South, unfavorable to the political and social
condition of this Territory. To remove these
errors and unfounded prejudices is alike due to
tlie American people and ourselves. Unfortu
nately this distant Territory has been selected
by a Northern geographical party, as the most
suitable place for the fabrication of all kinds of
political material with which to agitate the
public mind, and to array one section of the
country against the other, and’to keep up party
excitement, for mere party purposes. Newspa
per presses have been established, and the Ter
ritory filled with a ccrps of mendacious letter
writers, whose sole business, it would seem, has
been to misrepresent and falsify everything that
occurred in the Territory and to manufacture
the grossest falsehoods with the view of exciting
t.e people of tlie free S ates against those of
the slave States, at the expense of the harmo
ny of the people and perhaps the very existence
of the Union itself. Our distance from the
masses to be operated on, and the length of
time required before the most monstrous false
hoods can be known here, and corrected, ren
der this Territorv a most convenient point
from which to send forth to the abolition press
of the country whatever material may be de
sired, to produce the results, and secure the ob
jects, they have in view. We are fully aware
that the heavy drafts recently made on the cre
dulity of the public, by these papers and letter
writers, have nearly, if not entirely destroyed
their power to do mischief, bnt we would be
derelict in our duty, if we did not call on the
American people, to pause at least, hereafter,
before making up their opinion on the condi
tion of things in Kansas upon testimony eman
ating from such a source.
In discharging the duty assigned us we desire
to address the reason and patriotism of the
American people and to present facts and ar
guments upon which a just and correct opinion
can be formed. A crisis has arisen in this
Territory which must not only be met here, but
in the halls of Congress. Indeed wc have no
hesitation in expressing our belief that the
movements made in this Territory have been
mainly with the view of making issues to be
submitted to Congress, for the purpose ofkeep
ing up sectional excitement and party strife on
the slavery question. The difficulties in which
we are involved here have been, from the first,
made to assume a national character, and still
more so, at this, than any former time. Under
these circumstances an address to the American
people, we trust, will not be considered inap
propriate or out of place.
Shortly after the removal of Gov. Reeder
from office, the course of action adopted by him
and his party in this Territory, was foreshad
owed in several of the public prints in the East,
and the people of this Territory were advised
to denounce the legislature as an illegal body,
declare their acts void, and resist their execu
tion. It was proclaimed in advance that he
would be run for delegate to Congress by the
people, and would obtain his sea.., and that a
free-State constitution would be formed by the
free-State party, and admission into the Union,
under it, demanded. These facts furnish very
satisfactory evidence that the movements here,
made in conformity with the programme laid
down in Eastern papers, had their advisors and
originators, not in this Territory, but elsewhere.
In pursuance to these suggestions a few individ
uals commenced the organization of a party in
this Territory having for their avowed object
the nullification of the legislature and the laws
of the Territory, the election of their own dele
gate to Congress, and the formation, by them
selves, as a party, of a free-State constitution
with the view of demanding admission into the
Union under it. This party, after some pre
liminary meetings, met in convention, on the
sth day of October last, at what is called the
Big Springs, and proclaimed open rebellion and
hostility to the laws passed by the legislature
and bid defiance to all legal authority, denounced
a majority of the judges of the Supreme Court,
who hold their offices under the general gov
ernment, assumed that the legislature was an
illegal body and that their acts were void, and
that as the least of two evils they would “resist
the legislative enactments to a “bloody issue”
as soon as they should ascertain that peaceable
remedies should fail, and at the same time they
recommend to their friends throughout the Ter
ritory the organization of volunteer companies
and the procurement and preparation of arms,”
they also resolve in favor of taking steps for
the formation of a free-State constitution. It
is these declarations and avowals, accompanied
and followed up by public meetings and con
ventions, with the view of carrying them out,
that have impressed on the minds of the law
and order portion of this community the belief
that a crisis of real danger, to the peace and
gqod order of society has arrived, aud that it
was necessary to take all proper steps to avert
the threatened evil. Men engaged in illegal
acts, having in view revolutionary movements,
always seek to disguise their motives under the
pretence of serving the people, or justify them
selves by claiming that their rights and liber
ties have been ruthlessly invaded and that they
are crushed by the hand of despotism—such
wm the case when the Hartford convention
met daring ths war of 1812 to plot treason
against the Union, and such is the case now
with the party in this Territory, who seek to
nullify the legislature and their enactments, and
propose to resist the execution of the laws by
violence aud force. We propose on this occa
sion to enquire into the truth and justice of
their various causes of complaint as embodied
in their public resolves passed at the Big Spring
convention. In these resolves, among other
things, they assume that the legislative assem
bly of this Territory was an illegal body and
that consequently their acts have no binding'
force. The grounds on which they predicate
this assumption are two, first that the mem
bers composing the legislative assembly were
elected by illegal votes, and secondly that the
Shawnee Mission, where the legislative assem
bly held their session and enacted nearly all
their laws, was not a place where valid laws
could be made, or in other words it was not a
legal legislative body staying at the .Shawnee
Mission. If neither’of these grounds are well
taken, those who propose to resist the laws are
left without a shadow of defence for the steps
they have taken or propose to take.
As to tlie first objection, that the members
of the legislative assembly were elected by il
legal votes, it is too late at this day to assume
that position, and it surely comes with a bad
grace from Governor Reeder and his party.—
After the members have received their certifi
cates of election from the Governor; have
been convened by him as a legislative body,
sworn into office and taken their seats, and af
ter they have organized as a legislative body at
a place admi ted to be legal, having been named
by the Governor himself, aud after having re
ceived the inaugural message of the Governor,
enacted laws, and transacted all their of
ficial business and adjourned without day, it
seems to us that it is too late to call in ques
tion the legality of the votes by which the mem
bers were elected. There is. and of necessity
must be, a time for raising a question of this
kind. The law usually provides the mode by
winch the certificates and seats of members may
be contested and tlie polls purged of all illegal
votes. In the case under consideration Gov
ernor Reeder himself prescribed the mode in
which the right to a certificate of election might
be contested. This mode, prescribed by the
Governor, and published in his proclamation
ordering the election, constitutes the law of the
ease, and parties are bound to conform to it;
and failing to do so they have no remedy ex
cept to contest the seat of the member before
the body to which he belongs. What right
has Governor Reeder and his party to claim at
this late day, that the legislative assembly wa»
illegal because illegal votes were received at
some of the precincts? By the organic law the
Governor was entrusted with the entire super
vision of the first election. He it was that had the
census taken and appointed the councilmen and
representatives. He it was that designated the
election precincts and appointed the judges of
the election at each precinct and prescribed the
form of oath to be taken by the judges and
clerks of the election and directed the mode in
which the polls should be kept, certified and
returned to himself, and he it was who prescrib
ed the mode in which elections should be con
tested. All this was done by Governor Ree
der and embodied with great particularity in
his public proclamation, seen and read by ev
ery one before the election, for it was the luw
by which the election was to be ci nducted.—
We find the following mode prescribed for
contesting elections’: “In case any person
shall desire to contest the election of any dis
trict of the Territory, tliey shall make a written
statement directed to the Governor, setting
forth the particular precinct or district they
intend to contest, the candidate whose election
they dispute and the specific causes of com
plaint in the conduct or return of said election,
which complaint shall be signed by not less
than ten qualified voters of the Territory and
with the aflMo’te of one or more of such voters
to the truth of the facts set forth therein, such
written statement must be presented to the
Governor at his office on or before the 4th day
of April, 1856, and if it shall appear that the
result of the election in any council district
might be changed by said contest, a day will
be fixed for hearing the same.” Now here is
a very plain and simple mode pointed out by
the Governor for contesting elections. A day
is to be appointed to hear and determine the
contest, each party is to have an opportunity
of producing his witness and being heard in
the case. If any members had been elected
by illegal votes, why did not those who now
complain so loudly of election frauds, aud of
“armed ruffians" having taken possession of the
polls, file their complaint in writing as requir
ed by the Governor’s proclamation, and have
a day appointed for a full and fair hearing on
both sides and produce their evidence to prove
these enormous frauds which they now allege
existed. That was the time to have acted in
the matter and to have obtained a redress of
their grievances if any existed. Surely they had
no objections to Governor Reeder acting as
judge in the matter. If the frauds had been
so gross and palpable as is now claimed, or if
there had been any frauds whatever that would
have changed the result, there would have been
no difficulty, while the facte were all fresh aud
the witnesses at hand to have proved their case.
But instead of taking the course required by
the Governor’s proclamation, not a single effort
was made in a single district in the Territory,
to contest, under tne proclamation, the election
of a single member. They preferred then to
take the benefit of the unqualified assertions
and denunciations of certain public papers and
letter writers rather than rnn the risk of a full
investigation of facts before the leader of their
own party. It may be, that at that early day,
they looked forward to a change of venue from
this Territory to the halls of Congress, where
misrepresentation and falsehood could be sub
stituted for truth and facts without the ade
quate meaus of detection. It is true there was
in several cases protests against the legality of
certain elections, nut they were signed only by
one or two electors, not verified by affidavit
and did net claim to conform to the requisitions
of the Governor's proclamation, yet on the
strength of these and his own motion, the Gov
ernor set aside the [polls in several election dis
tricts and ordered new elections, and this was
done without giving any notice to the [ arty
affected thereby, without appointing a day for
hearing, or giving any opportunity of produ
cing testimony, and in tot J disregard of the
rules he himself had prescribed in his procla-<
mation. The council is composed of thirteen
members, and in the case of two of the council he
set aside the election returns and ordered a new
election and granted certificates to eleven, cer
tifying that they had been duly elected at the
first election. The house of representatives is
composed of twenty six members and the Gov.
set aside the election returns in six cases, and
ordered new elections, and granted certificates
to twenty members so that there were certifi
cates granted to a large majority in both houses
at the first election. The subsequent elections
could not in any event have altered the politi
cal complexion of either branch of the legisla
ture. Those elected at the second election, two
in the council and six in the house, took their
seats at the organization of the legislature by
virtue of the Governor's certificates. Their
seats were contested by those to whom the Gov.
without a bearing, had refused to give certifi
cates at the first election. The whole matter
was refered to an appropriate committee in
each branch and underwent an elaborate in
vestigation which resulted in the contesting
members getting their seats; on the ground
that they had received a majority vote at the
first election. This right of any legislative
body to judge of the election and qualfication
of its own members will not be controverted.—
The members of the legislature elected and com
misioned as we have stated were convened by
the Governors proclamatian at the city of Pan -
nee, and they there organized as a legislative
body, took the oath of office, elected their of
fleers and received from the Gov. his inaugural
message. Surely Gov. Reeder is estoped from
saying at that time and place they were not a
legal legislative body. Didfthey do anything
subsequent to that time to render them an ille
gal body ? and this brings us to the second
point made by the Big Springs convention
against the legality of the legislature.
Had they a right to adjourn their legislative
session from Pawnee city to the Shawnee Mis
sion? We say they bad. The law adjourning
their session from Pawnee city to the Shawnee
Mission, although"voted by the Governor, is ad
mitted to have been passed by a two thirds vote,
in each house in conformity to the requirements
of the organic act.
It is claimed that the Governor had the right,
under the organic act, to 'designate not only
the place where the legislature should meet but
the place where they should hold their session.
Whether he is invested with this power or not
depends on the organic act itself. This is tlie
chart which gives him all the power be had on
this subject. After pointing out the mode of
conducting the election of the members of the
first legislative assembly the act provides that,
“the persons thus elected to the legislative as
sembly shall meet at such place and on such
day as the Governor shall appoint.” This is
all the power given to the executive on this;
subject. He has not the power of fixing the
temporary seat of Government, nor of saying
where the legislative assembly shall hold their
legislative session, but simply the power to
convene them at the place he may name. 'This
is the whole extent of his power "and when he
had once exercised it by issuing his proclama
tion convening them at Pawnee city, his power
was exhausted and he had no further control
over them.
There was a good reason and indeed a ne
cessity for giving the executive the power to
name the place where the legislature should
first convene; but when thus convened and
organized as a legislative body and capable of
expresssing a legislative will, there is no reason
why lie should have any further control over
tlieir sessions. They are the proper judges as
to the place where they should hold their
sessions aad where they can best perform their
official duties and amendable to the people or
all their acts. The power to adjourn from
place to place, to fix the temporary as well ss
permanent seat of Government, is a legislative,
not an executive power, which the legislature
has the undoubted right to exercise restrained
by some permanent law. It will not be daim-
ed that there is any express permanent law re
straining the legislative assembly from the
exercise of this power, but that the restriction
is implied from the power vested in the execn- j
tive to designate the place where they shall i
first meet. The power expressly delegated ! -
the executive does not us is ulrewiy remark -
ed give the Governor the right to fix tlie tem
porary seat of Govcrment or to i : #y where the
legislature shall hold t»dr first session. II
then the executive the power as claimed, he -
has it onl<» byTmplication and not by express
grant.
The attempt is therefore made to take from
the legislature, by implication, a legisla
tive power, and to give it by implication to
the executive to whom, in the general distribu
tion of powers between the executive and legis
lative departments of government, it does not
belong. Now it may be laid down as a gener
al rule the correctness of which will not be con
troverted. that the executive department can
rightful'y claim the exercise of no legislative
power by implication. If that power ts exer
cised by the executive it must be by express
grant. That express grant in the case under
consideration is that he shall name tho place
where they shall first meet, not where they Shall
hold their session. The 13th section of this
same act in relation to Nebraska furnishes a
conclusive argument < n this point. That sec
tion provides that “the legislative assembly of
the Territory of Nebraska shall hold its
first session at such time and place as
the Governor thereof shall _apppoint and
direct.” The power delegated to the Gov
ernor of Nebraska in this same act is
to fix the place where the first legislature shall
hold its session not merely where they shall
meet, The meanfosr °l' the word session as de-
SncJ hi Bouvier’s law dictionary, a standard
American work, “is tho time which a legislative
body sits for the transaction of business as a
session of Congress, which fcomnienvcs 'on the
day appointed by law and ends when Congress
finally adjourns.” If it had been the intention
of Congress to vest in the executive of this Ter
ritory the power to fix the place where the leg
islature should hold their first session and not
i merely the place where they should fust meet,
they would have used the same or equivalent
language to that used in vesting this power in
i the Governor of Nebraska.
If we are correct in the view which we have
taken of this point , there is nothing in the or-
I ganic act, that militates against the validity of
the act of the legislature, adjourning their ses
:' sion from Pawnee city to the Shawnee Mission,
s It is claimed that when Legislature adjourned
from Pawnee City, they were bound to adjourn
i to Fort Leavenworth aud this claim is based
i on the supposition that Fort Leavenworth is
> the temporary seat of Government. It is true
i that the 31st section of the Organic Act pro
i vides, “that the seat of Government of said
' Territory is hereby located at Fort Leaven
l worth aud that such actions of the public
i buildings as may not be actually used and
i needed for military purposes may be occupied
! and used under the direction of the Governor *
I Legislative Assembly for such public purposes
1 as may be required under the provisions of this
I Act.” Now when Congress made this provis-
• ion they were under the impression that there
i were public buildings at the Fort that were
1 not used and would not be needed for military
, purposes, and that the Legislature and public
• officers of the Territory could lie accommodat-
> e<l in such buildings. The sole inducement
’ Congress had in establishing tho Fort aS the
I temporary seat of Government was to save the
I necessity of an appropriation for the erection
’ of public buildings. But i! was subsequently
, found that there were no public buildings at
i the Fort not used and needed for military pur-
> poses, and on the sth of August, 1854, Cou-
• gross passed another Act by which they pro-
■ vided “that in the event the Secretary of War
’ shall deem it inconsistent with the interest of
f the military service to furnish a portion of tlie
’ military buildings at Fort Leavenworth for
; the use of the Territorial Government of Kan
i sas the sum of twenty five thousand dollars
i shall be, and in that contingency, is hereby ap-
• propriated for tho erection of public buildings
• for the use of the Territory of Kansas, to be
i expended under tho direction of the Governor
■ of the Territory.” This law passed at the
■ same session of the Territorial Act and was in-
■ tended to furnish the means to erect buildings
i for the accommodation of the Legislature in
i case the buildings at the Fort could not be ob
i tained for that purpose. The able head of the
i War Department for reasons no doubt satis
’ factory, determined that the buildings at the
■ Fort were needed for military purposes and
i consequently the Territorial Government could
i not be accommodated at that place. If the
. law stopped here the twenty five thousand dob
I lars could have been used, under the direction
i of the Governor, in the erection of builings at
■ the Fort for the accommodation of the Legis
i lature. But it does not. Congress by the
i Act of 3rd of March, 1855, provides “that
- there is appropriated an additional sum of
■ twenty five thousand dollars for the erection of
> buildings for the use of the Legislatureof Kan-
■ sas Territory to be expended under the direc
tion of the. Governor; Provided said money or
■ any part thereof, or of the money heretofore
appropriated for this purpose, shall not lw ex
pended until the Legislature of said Territory
shall have fixed by law the permanent seat of
Government.” Now this law takes away the
power to apply a single dollar of the appropri
ations to the erection of buildings for the use
of the Legislature until the permanent seat of
Government is fixed. It is an insult to com-
mon sense to say that the Legislature could on
ly adjourn from Pawnee city to Fort Leaven
worth when they are prohibited from using any
of the buildings ut the latter place und denied
the use of all means to provide others—Con
gress by their legislative havidn rendered it
wholly impracticable for the legislature to hold
their sessions at Fort Leavenworth, as virtually
annulled that section of the Organic Act
which makes the Fort the temporary seat of
Government, as .if they had repeated in so
many words. There being then, in fact, no
temporary seat of Government established by
law, and the Governor having no power only
to name the place where the Legislature should
first mret, and there being no paramount law
prohibiting them from adjourning their session
or establishing a temporary seat of Government
it follows that they had a right by law to ad
journ their sessions from Pawnee City to the
Shawnee Mission, or any other place within
the limits of the Territory. The act of con
vening the Legislature at Pawnee City, one
hundred and forty miles in the interior and on
the western verge of the population of the Ter
ritory, a place where no printing or mail facil
ities existed, where all the members bud to get
all their supplies from the Missouri river, pre
pare their own meals, and camp out in the
open plain, is without excuse or palliation, but
the attempt to retain the members at Puwnee
£ity, surrounded as they were by pestilence
and death, is an attempt at the exercise of ar
bitary power which fortunately has no parallel
in the history of our country. But to set up
that adjournment which was required by an
overruling necessity, as an excuse of justifica
tion for resisting by force the laws passed by
the Legislature can find no countenance, wc
trust, with an intelligent aud law abiding peo
ple.
The Shawnee Mission was the only place in
the Territory where suitable accommodation
could be obtained for the accommodation of
the Legislature, without the expenditure of
money, which the act of Congress prohibited,
as we have shown. It was, in fact, the place
that Gov. Reeder himself had selected aud used
for the temporary seat of Government. He
made his advent into ths Territory and com
menced his official career on the 7th day of
October, 1854, at Fort Leavenworth and kept
the Executive office at that place until tlie 24 th
of the following November when finding be
could not be any*longer be accommodated at
the Fort, he remo ed the Executive office from
that place to the Shawnee Mission, aud from
that time up to the present the Executive office
has been, and still is at the Mission, except the
few days it was in transitu from the Shawnee
Mission to Pawnee Urey aud back again, at
the time the Legislature was convened ut the
latter place. There is just as much reason iu
requesting the Executive office to be kept ut
the seat of Government as the Legislutuie *
' a
hold their gfeidqus A vagrant Executive
office Is j W fj»««ffconvement to the people m
the lr:msa**™i><tf business, and quite ns ob
jecljnr.tfiTe in every jioirit of view as an unret- z
I etai legislative body, and there is’just as much t
law and reason in requiring the former to be
localeil at the seat of Government as the lat
ter. The acts of Congress being silent in both
cases.
But wc wholly deny that the acts of a legis-
Jaf Wo bfidy are neceswriiy void if passed at a
iliff-Tcnt place from the scot of Government. — ■
To make them so, some paramount law de- i
daring such a result must be shown, or at least
some prohibitory act lorhiding an adjournment
from the seat of Government, or requiring the
Legislature in express terms to hold their nee
sion at some specified place. The Act of Con
gress is certainly silent as to where tho Legisla
ture shall hold their sessions; it only directs
the place where they shall first meet.
The laws passed by the Legislature have
been most grossly misrepresented with the "
view of prejudicing the public against that
body and us an excuse for the revolutionary
movements in this Territory. The limbs of
this address will not permit a correction of all
these mistepresentalkHis but wb'will notice
some of them that have bad tlw most wide
spread circulation.
It hus been charged and widely circulated,
that the Legislature in o der to perpetuate their
rule had passed a law prescribing the qualifica
tion of voters by which it is declared "that any
one may vote who will swear ulfegiimcc to the
fugitive slave law, the Kansas and Nebraska
bill and pay one dollar.” Such is declared to be
the evidence of citizenship, inch the qualifica
tion of voters. In reply to this wc say that no
such law was ever passed by the Legislature.
The luw prescribing the qualification of voters
1 expressly provides that to entitle a person to
vote, he must be twenty one years of age, an
actual inhabitant f this Territory and of the
1 county or district in which lie offers to vote I
and shall have paid a Territorial tax. There "
is no law requiring him to pay a dollar tax as
a qualification to vote. lie must pay a tax it
is true (and this is by no means an unusual
reqnirment in tlie States,) but whether this tax
■ is levied on bis personal or real property, his
money at interest, or is a poll tax makes no
difference, the payment of any Territorial tax
entitles tho person to vote provided he hus the
; other qualifications required by law. The law
act seems to be carefully drawn with the view
of excluding all illegal anil foreign votes. The
voter must be an inhabitant of the Territory
und of the county or district in which he offers
to vote, and be must have paid Territorial tax.
The Judges and Clerks are required to be i
sworn und to keep duplicate poll boxes, und I
ample provision is made for contesting elec- 1
tions and purging the polls of all Illegal votes. I
It is difficult to see how a more guarded luw
could bo framed for the purpose of protecting j
the purity of electione and the sanctity of the I
ballot box. The law does not require the vot- I
er to swear to support the fugitive slave luw or 1
the Kansas und Nebraska bill, unless he is
challenged, in this ense ho is required to lake
1 on oath to support each of these laws.
As to tlie dollar law, so called, it is merely a
poll tax and has no more connection with the g
right of suffrage than any other levied by the 5
Territorial authority, and is to be paid whether
the party votes or not. It is a mere tempora
ry measure, having no force beyond this year,
and was resorted to ns such, to supply the Ter
ritorial Treasury with the necessary means to
carry on the Government.
It has also been charged against the Legis
lature that they elected all of the officers of the
Territory for six years. This is without uny
foundation. Tiny elected no officer six years
and the only civil officers they retain the elec
tion of, that occurs to us at present, arc the
Auditor and Treasurer of State, and the Dis
trict Attornies, who hold their offices for four
and not for six years. By the Organic Act the
commission issued by the Governor to the
civil officers of the Territory, all expired on
the adjournment of the Legislature. To pro
vent a failure in the local administration and
from necessity the Leg'a'atura made a number
of temporary appointments; such as Probate
Judge, ami two connty Coiuniissioncrs and a J
Sheriff of each connty. 'The Probate Judge
and county Commissioners Chnstitute the tri
bunal for the transaction of county business
and are invested with the power to appoint
Justices of the Peace, Constables, County
Surveyor, Recorder, and Clerk, &c. Probate
Judges, county Commissioners, Sheriffs, &c.,
arc all temporary appointments ami nre in ide
elective by the people at The firet annual elec
tion in 1857. The Legislature could not have
avoided meeting some temporary appointments.
No election could have becu 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 tho exercise of a power which the first
Legislative Assembly in every Territory must
of necessity exercise in order to put the local
Government in motion. We see nothing in.
this to justify revolution or a resorts to force.
The law for the protection of slave property
has also been much misunderstood. Tne right
to pass such a law is expressly stilted by Gov.
Reeder in his Inaugural Message, in which he
says “a Territorial Legislature may undoubt
edly act upon the question to a limited and par
tial extent, and may temporarily prohibit, tol
erate, or regulate slavery in the Territory, and
in an absolute or modified form with till the
force and effect of any other Legislative act
binding until repealed by the same power that
enacted it." There is nothing in the act itself,
as has been charged, to prevent u free discus
sion of the subject of s’avery. Its bearing on
society, its morality or expediency, or whether
it would be politic or impolitic to make this a
slave State, cun he discussed here us freely us
in any Stute in this Union without infringing
any of the provisions of this law. To deny the
right of a person to hold slaves, under the law,
in this Territory is mado penal, but beyond
this there is no restriction to the din us ion of
the slavery question in any aspect in which it is
capable of being considered. We do not wish
to be understood as approving of ull the laws
passed by the Legislature, on the contrary, we
would state that there are some that we do not jj
approve of, and which ure condemned by pub
lie opinion here, and which will no doubt bo
repealed or modified at the meeting of the next 1
Legislature. But this is nothi.g more than '
what frequently occurs both in the legislation
of Congress and of the various State Legislo- ,
turcs. The remedy for such evils is to be 1
found in public opinion, to which sooner or la
ter in a Government like all laws must
conform. The Big Spring Convention above
alluded to, resolved that an election should be
held in the several election districts in this Ter
ritory pu the 9th of October, for the election of
a Delegate to Congress; the Legislature by
virtue of an express provision of the Organic 1
Aet, having established the first day of Octo
ber as the day for holding said election.
The reason assigned by that convention, in
their printed proceedings for bavingun election ;
on a day different from that fixed by law, was
tbut “to vote upon the same day and at the ,
same polls would be an ackuuwfidgemeut of |
the right of the late j>gtmturc to cull an
election.” Having that the Legislature •
was a legal body'sitting at a legal place, it
follows that the election on the 9th of October
was a nullity. The party of the Big Spring
Convention refused to vote on the day fixed by
law, because it would be recognising the legal
ity at' the Legislature. The Jaw and order W
party ol the Territory refused to vote ou ♦’ 1
9tb of October and at all other electior Jte
pointed and held by their opponents ap- |
reason that it would have been r' , for the J
sanction to proceedings they ’ ,?/ing their (
illegal und subversive of all ' believe to be
sequence has been that tber <rder. The con
party have held'thcil tier' .elf-styled free state
the free state Convcn*’ -don forfDelegatcs to <
the participation ic -*OU at Topeka without J
order party of lb*' • wu y of the law und
Irauds which »' - Territory. Os the monstrous
k* elcctio- -‘0 suid io have characterized >
worthy o' •* "o col uuw speak, but it is *
were w’ •ri inuik Lbat thq whole proceedings
the < .ithout the sanction of law, that none of
i). guards which tl»e law thn ws around both <
ballot box and the poll books existed in 1
Ithis case. The Judges aud Clerks of the elec ml
were not uworou ta nil, by persons