, ~............_..............M.W , , --- 1 ~ _ • . - . . - .. ;i ' • . • 1 : . . 1 111 1 LI ' .' ' 0 . .. ~. i , 4:::10.'„,,. d , '''• ', l i .' _ - , . .r . ... ~; . .-1 ... . .. . .. ........ ; . . .. ~.... . i , s ..,„ ~ ... ; . __... ~..,. I I._ .i• .. , i ... . A. •1 i i 1 .. /4 - 1 / 1 1 1 . ' '' : '.. ' ~ . . . , . p . .._ .... , . . _ ■ sf,ior . ge . l.:-. tijost;., Vabtbitr, Affairs of *ansas, ' E PORT • of Territories, to the Sen-1 States on the affairs of the. aionittee ate of the (Mite Kassa*. . .: . ontiude4 • - : ' .: , . In view of the act that the Secretary of .War had: intimatedan opinion that ail of the publiC buildings l t .Fort . Leavenworth' were needed for military purpos:es.,And that . the lo 'caiion of the seat Of government , even tem- Poraily,within the lines.of a - military. reser vation, where the Military law must - necessa rily prevail, would be inconvenient, if not in luritilh - iii': the Tublic sdivice,.the following. provision, was adopted in the 4ppiopriatiou bill - of.the stlOofl;l,ugust, 1854, for the pur pose of enabling the governor to erectlmild ings forqhe tempoary .sest.of government at some mere suitabl and ~convenient point, in the Territory :. ," at itOhe event that the i , :Sectetary.of War sball deem it inconsistent with the interest of the .military service to, furniSh a, sutEcien,. portion of the military . building-at Fort L--‘,.atwenworth, for the use Of Territorial governmelat of KaUsas, the _Sum .of twenty-five thouSatd dollars shall . be; and in -that. contingency i, 'hereby approp,iated, for the erection . of public building 3 l . for the use of the legislature of t le , TerritOy of K.Ansas,, to he e x pended under the . direction..of the gov ernor of said Terri ory." Under', this rprosision, taken in connexion with the clause:of the orgartip..,act. r% bleb au- . thcsized the governor to ,convene the legis lature at such place as he should .appoint, he would have had' the right: to esmbliSh the temporary seat of ,government,a, ed erect the public buildinkSat Pawnee Cit, - or anv.oth erVace he: might have selected in 'the -Terrl tot\,,..-instead 'of Po 4, Leaveni.vortli,but for the fact that_Orr the 3d of March '1855 - ,.and *be fore any iportion,of the 'money had been ex pended, di even the site - selected,. Congress made a frirtlier.appropriation of twenty-five thousand dollar Or public buildings:, .with the previSe "that s i aid • tnoney,. Cy' any part thOreof, or.any portion of the mcnev hereto-. fore appropriated fin. thii• purpose,Sitall- not be evirended• until the legislature of said Territo ifshall have fixed by law the permanent seat ofgowermitent." ..This prrivision did pot con fer.upon. the legislature any power in respect to the, loCation of the seat' of 'government, eikeeternporstrilv ,r permanently, ihich it d not previonsit possess ; for the ~.getic..ral grAt, extending• t , . all "rightful subjects of , t) le,i,iislation," necess.arilv- incltided the right to \; determine the place of holding its sessions'.—•l The objeet, as well as legal efree.rt.of this pro-' visien, was to restrain the goverpOr from ex- pending' the appropriation until "-the yoil.of i the people •of Kansas should be expressed-, I through, their legi+ture, in the selection of;.. the plaee; leaving,the governor. to perform : his whole rimy undhr 22.1 section .of .the or gariie!act, by appointing the place ,and!day Of the-first meeting Of the legislature, and of expending the money appropriated by' Con,- gress for:the:erect on of public buildings, at *li place as thel lisiatrire should designate (411! permanent . t of government of the Territory. • . . . Under this View 'przthe subject, it is,eyident that the legislature Was Clothed with legiti• mate authority - to 'enact the law iii obedience to!which its session was adjourned' cm Paw nee City to Shawcc ?Mission; and that its t i knamments, made t the •laitez; .place; must have the same fore, and - validity that .they 4vlml4llfave posses had not the removal taken place. . '• • Those wird seek,4 &ad some tenable ground upon which to destroy the validi;:v of the legislative acts of Kansas, seeimr , that they cannot safely rely-.upon the alleSged irregu larity of the elactions, nor upon the absence of legal , authority' . in the legislature.mreMove the spat of givrarnmetit, flatter themselves that they. hate recently discovered a new= fact which will extricate them from their diffieul ty, and enable their to accompish their pur pose. ? It is,',that by the treaties of November 7,1825,;ancl of August . 'B, 1831, with the Shawnees of Missouri and Ohio, a large ,tract -of land,; including the Shawnee Mission, where the leoistafure held its session, and the \ governor 1 -- - 2 , • established • the -executive offices, ras secured to those Indians, with. the guar anty on the part of the United States " : that Saidlands shall never be within the. bounds - ofany State or Territory, nor subject to the laws thereof ;" and:that the .19th section of the Kansas-Nebraska act provides that" noth ing in' thiS act contained. shall .be construed to include any territory Which, by . treat}' of .any Indian,tribe,is not; without the ! Consent of said trine, to be included within. the terri torial litnits - or jurisdiction of any State or Territorftit all-such territory shall 'be ex- Cepted nut orthe boundaries, and constitute, no part of the Territory. of Kansas." Up . on the - authority of these clauses of the treaties, and of the act of, Congress organizing the Teriitory, it is assumed that the Shawnee. Mission, where-:the legislature enacted 'those laws, was riot 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-anfextent, impair their validity, it is prop e;r to call the attention of the . Senate.to the fact recorded on its journal; that,on the 10thl of May, 1 . .854, (only a few -.days before `the. passage of the Kansas Nebraska 011,) a trea ty was made with these same Indians, by- the' :first article of which all the lands granted to them by the said treatiesof 1825 and 1831; - Were ceded'tlAthe United - States, and, being thus exempted from . the ' operations - of the . gni/rarities in those. treaties, - were,, - by . t he. terinsOf the organic act of Kansas,- included 'within the hunts, and rendered subject 'to the 11 The of said Territory'. , 11. 1 1 The second article, granted the ' house - in Which the - legislature afterwards held its see ' laions, and the land upon which.] . the houire !stood; to the miisionary society Of the Metho..., •!dist Episcopal Church South, in- these words : ;`‘ Of the lands tyinii east of the parallel line 'aforesaid, there shall: first be set apart. to - the: fnissienary society Of the Methodist Episco , . ' 'Church ElCuth, to include the - improvementi •;of the Indian manuel-labor school, three see tious.of land ; .to the Priends' Shawnee -labor: 'school,including the improvements' ere, ,three hundred and twenty acres of laud'; kid to the American Baptist Union, to. ine de . i the improvements where . tbe. superintendent of the, school now resides, one hundred and 441 acres-of. land; and' also - five acres of . . land to the Sim*nee Methodist Church ; iii eluding the meeting-liouse and graYe-yard; aud-two acres of land to the Shawttee 84- tist'Church, including'the meeting-house i \ t4l grave-yard." . : :s .• - 1 , I - - A The other_artieles of the treaty' priiiide f4.r the survey of these lands, and for granting two hundred acres to Caeh Shawnee Indian, to be held as priyatel. property, - sUbject to such-condiffons as Congress should impost, ankrecognize the right of the, legislature 4o lay out roadi and public highsrayeticross :the the. f ndiati lands;.on the sarneflertas as the law provides for their location!.; through the lands of citizens of the , Unite - if States.:. The Rev: Thomas Johnson,;, who was Presidentlef the Kausati.legislative"nouncilAnd also agept of the . missionary society of , the Method : l4 ' Episcopal ,Chnrch, to ;which the lands. a d' ituprovement&belonged, - authorize4 - the l r islature to use and ocCupy such pOrtione'of the buildings of which] be; held . the lawful possession, as they . slionld. find ConYenientln the exorcise of theii:legislative functions. !: • - Upon ti. careful revie w and 'examitiation . :pf all the facts, laws, and ';treaties bearing tipm :the point, your committee tire clearly of cie i opinion that theShawneeteariiial-tlabor sclittl , was a place to which the . legiilature tni!rlitl lawfully adjourit'andenact valid laws in per- I -suance of the organic act or the Territory., '. I We do not deem it necessary - to inqu i re ? into the expediency .of the removal of lie I seat of government, for the reason" that. : it cannot alre,et the.validi , Y of the legislat ye i proceedings. It is sufficient to 'state, t int tile reasons. assigned by the governor agai.:.st the expediency of- the! tireasure, were: 11 it, " the loss of tit. e (more valuable i been '.e I limited) which our organic law allots 0 ti l e I legislative session ;" and secondly, 't het:alse t it will involve a peepiaiy losS, in view'Of 1 the arrangements which have le.en•lniade; at I this place for our accommodation As- ti l ' -offset to the unfortunate. circumstance tl it I the people of Kansas would be deiirived, ';:r I the period Of ten -days, Of all the • advanta es 1 and-protection which .- were expected to e - - I ult from th e wholesome laws - which; the. g ' V:, 1 . emir had recommended them . to enact u. ''n I all rightful subjects of legislation, and to ie. I the pecuniary loss which would be i:tistaii ,:d , in consequence of the rornoval from! Paw i . t.e. I City, the members of the legislature; in di .ir memorial to the ;President of tilt? . Unit :4.1 States, asking him to remove the gover r,: state their reasons as folloWs, for the alit a-1 tion ,t h at . there *as an 1. unnecessary loss f l three months' time after, the electiea - ih et - i-1 . veniiig the legislature, and that Pawnee wlrs I" 'net' a - Suitable place for thetato meet : : 1 ". After- the contest. Was over,- and the le- t suit-known, he delayed the assembling ifor I the body until the :id ..iiir of .July—no r, 1 if thanlthree months afterwards-and ;that, t Co wherf.the whole Union Was convulsed on 6- count of alledgetl outrages in Kanl,as Te 1 , 1 tory,. and yet no law fore the punishment :ir prtweati-on,44.lie,i i i: vv-).T..,ii at . heft 3114 , t1 11, 1 meet, upori_tbe - "tail of i the governor, a point where they-bad previously, in an ! in ,:•- 1 mai manner, protested against Ceingt Call, ' , vitlOn avowal of•theii: intention to! adjou'l to the point at which they are now, i'semb ed 1 for the reasons that the requisite ac:conintO...l .datiOns could not be had ; where there wep i . no facilities for commlinication with t4ir 1 . fautdies or 'constituents; where they cord I not even find. the commonest food 0 eat, ill- I less ht an enormous expense, there being 1 1 4) gardens yet made by the squatters; ;here I the house in which we were expected . toe 's- I senible had no roof er door on the LSatutitiy I preceding the Monday of our assembling,aPd for the coinpletibii.of Which the entire S.4b- I bath day, and -night was: desecrated by,,, , ,the I continual labor of the mechanics : IwhersVat least,one half of the . Members, 'employ . es,: and almost all others who had iasseinqed I 1 1 ther4. for business or otherwise, had to c.,irip i cut in wagons and tents, during a ;rainy, 'tot.'; mason, and where cholera broke :out, • . al. consequence of :the inadequate fond; and s;el.: I ter ;;and when, under all of these circumSjand f ces.of annoyance, they finally passo wiper.' adjourning to this point; Shawnee inatral labor school, •- w - here ample accominodattens are:Provided, and where the governor hittVelf -had previously - made it the seat -of go rn ment, they were met-by' his Veto' whi is *. l berewith transmiited.' ' ,I): ,n: ;t Your cominittee have`, - not eonsidere i i : it 1 any, part of their duty to examine - and .;ire view each enactment and provision o, i the :large volume of laws adopted by -the le,!t9s- tare:of Kansas - upon almost every.. ri ' yet subject of legislation, and • affeCting n Orly every, relation and interest in life, wi ; i a I view ei,ther'to their approval or dis.spp 4val i by Congress, for the reason that they - a0 lo- I cal_laws, confined in their operation tttlie 1 internal concerns of the Territorv• the - 10 n - and Inana,gemetituf which, by.the :prin ciples of the federal constitution, as welt as by the very terms of ' the Kansa's-NebeOka act, are -confided to the:people of the Terkito 'ry, - to be deterrhined by themselv.thrt4tigh their representatives in:their lotal.ilegisl4Sure, and: not by the CongreSs, in. Which they lave I no representatives to give or withhold "their.' assent to the, _laws upon which, their r ' hts,, mid, liberties may all ° depend'. Under iese laws marriages have - taken place, cl • Oren have beer - born, death-have o6carr ii es-- i f tates have been distributed; contracts :have been made, and ri , slits have accrued wh eh it is net competent . for Congress to; dives if there can be a doubt to 'respect tti the,,vnlidi ty of these laws; growing - out of tie alWged irregularity oftbe.eleettowof meinbers re the. 1 legislatu, or the laWfulnese of. the • lace where' it:sessions were held, which it is*.om peOnt for any -tri bun al to inquire into,svith a view to its decision at this day, and 'after, the series of events tehtch - have ensued,itlinust he .a judicial question, over which. Congress .cablhaVe no control, sad which lean l dc- Itertained only by the ;courts of justice, ii:nder 7thelpiotection and sanction - Of - the coniOitu .on : 0. •i : , 0 tz .: • . , • When it was proposed in the fat t Cott' rests to rinnul the acts of the-leg-haat:4 absig e . 'ably of AFinnesoti, ineorporating certain rai ;road --stiek this con:airlift. , " ---- • - ni l . 7 .lle ' P cornpaniei, this cointitittee reported a " inst thelproposition,'end, instead of annuili : the loes.l legislation - of the Territorp, recopy , en dOrtlie repeal of that clause ofole or ;fillip 1 aet Of Minnesota which'reserves;to Co t' tees • t 1 : -. the right to disapprove its laws; - That,,rec ornmendation was based on - t 4 1 theory 4hat ihepeople of the , Territory being eiti Yis of , the; United States; "ere entitled( to The =priv ilege of seltgoverninent in obedience the constitution; - and if, in the exereise .. this right, : they had in4e -wise find list law 4hey ougbt2tobe permitted to enjoy all the van ' 1 .4'. - - r • 0 , 7 VEEirlf SOMINAL-DEVOTED TO POLITICS, NEWS, MTKaTtIIE, AGIIIC4TURE, SCLEN6E,' koivazy. tages re-Sating - from - them; while, on the contrary, if they had made unwise - .unjust laws, they should abide the. •consepleaces of their own act. until . they discovered, tic knowledgeil, and corrected their errors. • It.hasibeen alleged that gross :inistepre sentations have been made in respect to the character Of the laws 'enacted by the legishf tura of :Kansas, calculated, if not designed, to prejudice the public mind at a distance aginst those who enacted them; and torcreate the impreSsion that it was the duty of Con= gress to interfere and annul them.; In view of the violent Sad insurrectionary .maesures which were being taken to resist the laws of the Territory of Kansas, a, convention of delegates lepresentin v , e• almost every.• portion • of the Territory of Kansas, was held at the city of Leavenworth on the 14th "of ,Novem her, 1855, at which men of all shades of po litical opinions, " Whigs, Democrats, Pro slavery men,-and Free-state men, all met and harmonized together, and't forgot their former diffei.enees, in the comnuiti dang,er - that seem- ed to threaten the 'peace s - , good order, and prosperity of this community." This con vention Was presided over by the 'goVernor 'of the •Tetritory, assisted by a majority of the judges 0f the supreme court; and , the ad dr.t.s to the citizens of the United States, ntnong - Othisr distinguished names, bears the signatures of the United Stales district attor ney andtnarshal for the Territory. • It is but reasonable to assume that the in terpretation ,which these functionaries have given lei the nets of the KallSdS legislature, in this a , ldress will be observed in their official expositien and . execution of the : same. In reference td the wiJe-spread perversions and misrept i..etitations of those laws, this address says: . • The laWs passed by the. legislature have been inoit grossly-- misrepresented, with the view of prejudicing the public against that, body, ruid as an excuse fur the revolutionary moyenients in this Territory. The limits of this rvidre.ss . 'will not permit a correction of thesis misrepresentations ; but we will no- 1 lice some of them, that have. had the most 'wide-spread circulation. 7 " prescribing the v i nalitication of voters ex&k , ssly' provides that; to entitle . vtrson teq 4 'ote, he lutist be tw e nty-one y e ars of age, an actual inhabitant of this Territory.' and of the 'county or distiiet in, which he of fors to Yot4, and shall kayo-pail a territorial. tax. Tlielic is no law requiring him to -pay a dollar-!ta[x as a quallifleation to vote.-' must pad , ta tat, it is true, (and this Is by no means an . ntiusnal requirement in the states;) but wbeilter this tax . is levied on personal ox real proprirty, his money- at interest, or is a poll-tax,,Makes no iliffn.ence; the paynient of any Territorial tax entitles the reNOll to vote, prOqded he has the other Analifications provided 1:;y law. The acts scents to be care fully drain,' with the view of exeltaling all illegal and foreign cotes: Then:terJun- i v-4u , - TiMiEtFri“ Ili VI , and cv s. tue eountrOidistrict in which he pliers to. vote, and be Must hai-e paid s Territorial tax.— The judgqis and clerks are requited to be sworn, mid duplicate boll-poxes . ; and. Ample p:rovisions is made for. contesting elections; and pur[g.ing the polls of all illegal votes: it is difficult to see how a more gear (led taw ,•coul4 be framed, for the purpose . of protecting the- purity of. elections and the sanctity of the ballot-box. The law does not require the voter to swear to support the Cu gitive-slave law, or the Kansastand Nebraska bill, unlei-ss he is . challenged,; in that c*,tte is reqnired -to take an oath to support each of these laWs. das to the' dollar law, (so called) it is meiely a poll tax, and has no connexion With the right of suffrage any more than,any other tax levied 4 the Territorial authority, : and is to be paid whether the party votes or not. '4 is a mere temporary measure,having no' force beyond this year, and was resorted to as such to, supply the Territorial treasury . with the necessary - means to carry on the goy. ernment. . "Ithas also been charged against the legis, lature that they elected all . of the ofrpers of. the Territory far six years. This is without any feandalion. Th'ey, elected no officer for; six years; mid the only civil officers they re tain the election of, that occurs to us at Ares` ent, arc" the auditor and treasurer of state,and the district attorneys,-whO hold theirs oflic'es I for fotir, and not six years: By the organic -1, act, the commissions issued by the governor to - the civilo I fficers of the Territory all 'expir- ed on the adjournment-of the legi , lature.-- To pr'event a failure in the kcal administra tion, and from necessity,the legislature made -a:number of temporary appointments,such as probate judge,and two county commissioners, land a sheriff of each : county. The probate judge and coinity , commissioners ,cotistittite the, tribunal for the transaction of county! business, and are invested with the power to. appoint justice S of the peace, constables cowl- - ; ty surveyors, recorder, and clerks, ike. Pro bate judges,' county commissioners, sheriffs, &ie., are all temporary appointments, and are made elective by the people at-the first annual election in 1855. The, legislature could. not. hare avoided meeting, some tem porary appointments. No election could have beeriheld without them. There were. no judges, justices of-the peace, or other offi cers toconduct - en election of any kind, un til appointed by the legislature. It was the exerciseof a power'-Which the first legislative' assembly in every Territory inust,of necessity, ,exercise, in order to put. the.. local 'govern tnent in Motion., We see nothing in this to Justify, revolution or a . resort to force. The I la*. for 'the- protection of.slave property has also been much misunderstood. The right' to - pass 'such- a law is expressly stated by Goverlor Reeder in his inaugural niessage,in which he says : "A territorial legislature may undouhtedly.act upon the question to a lim ited avid - partial extent, and may temporarilyl prohibit,tolerate,or regulate slavery- in the Territory,aud in •an absolute 'or _mortified Term, with all the force and effect of any oth er legiStative act, binding until repealed by the_same power that enacted it." There.is nothing, in the act itself, as has been, charg e(l,Lte prevent a free discussion of the 'subject of 'slavery. Its bearing on society, its moral ity or expediency, or whethe' it. would be politic' or impolitic to make this a slave State, Ican be' discussed here as -freely as in any State hi . the Union, without infringing any of the proiisions of the. law.. To deny the;right' .of a person to hold slaYes under 'the.law . in this Territory is• made . - penal • but .beyond this,..there is no . restriction inAhe discussion of the slavery question,in Any aspeet in which I IVis . ..capable of being considered.- We dO not wish to be understood as approving of all Santrose, Sasqiirilanna. Cattittg,lenn'a, T)lnrsitaa St oruinl, luta 3, 18 11. the laws, pas.sed by the legislature '; on the oonttary, we would state,that-Abere Are some that .we do. not minor() 0f,.. and . which .are condemned by public opinion - here,and which will no dotibt be*pealed.or modified at the meeting:of the nett -legislature. ; But this is nothing more tlit(a what fequently occurs, both in the legislation'of Congress and of the various State • legitilatittes. • The remedy for such evils is to . beifotind in publicopinion,to :which, Sooner or Inter, in a government like ours, All laws must,:conform." fe* days aftat Governor Reede l r dissolv ed his official relations with the legislature, on account of the ;removal of the seat of gov ernment,. and white that-body was still in ses= sion, a. meeting oohs callers . by "many voters" , to assemble at LaWrence on the 14th or 15th of Argust, 1855, "to take into consideration the propriety of calling a Territorialconven tion; preliminarft:O.the formation of , a State 'government, and Other subjects of public in terest." I At that,. meeting the following preamble and resnlutions were_ adopted with nut. otie'eiSsehting; voice "Whereas the people Of Kansas Territory have been since 'settlement, and now are, without any law-ti aking power : ' therefore, "Bell resolved, l That we, the *pie of Kansas Territoryda mass meeting assembled, irresvective of party ilistinctions• influenced by. a common necessity, and greatly I, desirous of ,promoting the '.hommon good; d' hetebyy call upon and ropiest all bone fide citizens of Katl4RA Territory,' wh'atever political views' l or predilections, is ,eonsult togethei in their respective election] districts, and, in a mass .covention or otherivisc, elect three delegates for each representntive of the legislative ns s.embly, by pwclathation of Governor Reeder of date 117th March, 1855 ; said delegates to assemble in cohve j ntion at the town. of Tope on the 19th dly or September, 1855,then and there,totonst4er and deterrninel upon all subjects o f public interest, and particularly upon that having deference to the speeds' for mation of a State "I.:Onstitution, with an inten tion of an immedia:te application to he'admit - ted as a State into; the Union of the United States of Amen . This meeting. So far aSs,. your Committe have been able to4ocertain; was thel first step in that series ofFace 9 4 dings which I resnited in the adoption - Mlle constitution and State . government, to be:jputin Operation! on the 4th' of the present :Month, in sub4rsioti of the Territorial aroOrnment,establishedinntler the authority t4mgress. ,The right to set *up the State government de9anOO of the constituted, anthatlities of the Territory, is based on the assuinption :"that the .people of Kanias Terrifory have been since its settle 'went, and now arc, withotit any.lavrmaking power;" in the face of the well-known fact, that the TerritoriaPel,rislature were then in session, in pursuatfpe of the . proclamation of Governor Reeder, 4nd the organic law of the . I r;tortro deteg-atti convention assemosea. at the Big Sprin-g "to. take into .cor.Sideration the present exigencles of politicai affairs," at arnong cit4rs, the following resole -dons were adopted;: "Resolved, That this convention, in view of -its recent repudiation of the nets Of the so, called -Kansas legislative assembly; respond most heartily to the.call-maile by the people's convention on the 114th ultimo,for A! delegate convention of the ;people of: 'Kan'sas, to be held at Topeka., on, the 19th instant, to con 'shier the propriety ')f.the fortnationief a State constitation i 'and such matters as may legiti mately come before!it. "I?esolved, That ]we owe no alhigiance or obedience to the tyrannical enactments of this spurious legFlature; that their laws hare no validity or,binding force upon the people orliansav, jand that every freeman among us is at tullllalerty, consistently with his obligations a citizen and a man, to defv ancVresist.thent if he choose so to do. "Rcsoktai, Thaf iwe will 'endure - and sub, mit to ttiese laws ,ito longer than the best in terests of •the and require, as the least of two evils, and williresist them to ajdoody is, SIM as soon as we ascertain • that'peaceable remedies •shall fail, and forcibly ;reisstance . shall furnish any riasonable prospect of suc cess; and that in the meantime •we recom mend to our tiien4s throughout the Territdry the organization and discipline of , volunteer .compAnies,.and tbe'prccurernent and prepar ation of arms." . • With the. view to a distinct understanding. of the meaning-Of so much . of this' resolution as relates to the; "organization. and discipline of volunteer companies,. and the procurement and preparatioh of arms,' it may be neceSsa- Ty to state that. there was at that time exist ing in the Tefritery secret tnilitary organi zation, which had been formed for political objects prior to the. alleged itiVabton, ut the election on ;the 30th: of March, and which held : its- firli- t'grami encampment at Law rence, Felumry Bth, 1855." Your committee have been put in possession of a Sinall printed pamphlet., containing the. "constitution and ritual of the grand encampment, and regi ments.of lie Kansas legion of Kansas Terri tory,adopted April 4th, '1855," which during theieeet4 di.iturbancicsin that Territory ,was taken out,: the person of one. George-F. War ren, who!atternpted to conceal, and destroy the - samq by thrusting it into his mouth,and biting acid chewing it. Although ;somewhat -mutilated' by the"tooth prints," it • in ternal elidenee ofteing a genuine document, .atithentreated by. the original signatures of "G. \V .1 - Litchi-iron, granted general," and K. ;the Kansas legion,. authorizing the said thierge F. Warren, from • !hese mouth the document was taken, to form a new reg iment; its follows: "Charter of the Kansas Legion. "Usti lib STATES OF. AM ERICA ,• , rfrritory afKazisas. . • "KtiOw all tnen by -these presents, that we, the G4nd Encampment of the Kansas Legion of Karina Territory, have created,:chartered, and entpowered, and by theie presents do ere • ate, and empower - George F. Warren • to be *giment ---- N. of the Kansas Legioti ; -and, as sueli, they are hereby inves ted wt h. all and singular the authority and privil4p-es withwhich. each s and.. every • regi, 'went invested, working under a, character from lobe Grand Encampment. ~. "Inlwittiess whereof, we have hereunto set our hands this sixteenth day of August, one thousand eight hundred and 03410. , . • ,EL,lluxcurrisosr,"Grand.General.. K. GOODWISI, "Grand Quartermaster.'-' Tke.constitittion consists of sit articles regulitting . the.: organization of -the. "Grand Lneappme.at,' which is "compoied.ofrepres entatiles elected from-eaeb subordinate .regi- merit existinf , ,, in the Territory,. provided. I The officers of the Gran shall cons* cf n Grand-Gerieral,Gi General, Grand • Quartermaster, Gr master, Gratid Aid,. two Grand Sem Grand Chaplain. •; `The Ginnd Encampment shall • nominations for Territorial officers And immediately after such nominal have been .f made, ;the 'Grand Gen communicate the: , result to 'every', in the Teriitory."l "The officers of the "Grind• Ertel are Grand; General Rev. G. W. E . Lawrence .IK. T. "Grand;,VieelGeneral, C. K. - 111 l PCka, K. T. Grand QUartermaster,J. K. Goo;;; Fence, K. Grand ,Paymaster, Charle.s Le Leavemfoith city, K. T. -. . i l By "theconstitution of the suhO en campment,"."the officers . of each s bOrdinate regiment shall consist of colonel,. a_ lieuten ant-colonel, a quartertunster„ rad 4 and two sentinels. The regiment located in each and every. election district shalt make ndminations for all candidates for office in their:respec tiie,districts; but where there shill be -two or moreregiments in any - one election dis trict, of whatever _ kind, these nnrninatious shall be male by delegates from tll ice encampments within said distril The "riiuni"euntinues the grde, ness and: modes of rirpeeeciino• b itt.tbf nate enearnpmeni.under thefolietv • . Ist.Reiding. the minutes by tti I 2d. Proposals for new recruits, 3d. Voting.fOr same. 4th. Initatien of recruits.' :, sth. Reports of committees. , '6 th. Unfinished _business appeari minutes. 7th. I.ocellaneous -blisiticis. dth. Adjournment: . . . The 'opening cermony"k)f the sl encampments is as follows ; ' 1 ."The .colonel , lieutenant-colonel' .qinirtcr master., piymaster, aid .and sentinel in t heir respOctive.places, the; regimer shall - be called'and thug addressed Iby the dlonel .. `'Co/onii. Fellow-soldVers in:the free-State army : The hour has-arrived 41erfl we - must res.ume the duties devolving upon us:- •- Let us (melt, With a heart' devoced to ju,tice, ' ipat riotism, and liberty, attend closely Ito all the resrulstions laid down for I rtr.7overament:and action ; each laboring temake. ibis review 1 pleasant and profitable to, ourselves, and a blessing to our country. ;Aid, aret i he senti nels at their posts, , with - closed dooisf "Aid. ', They are. . • I • 1 I "'Colonel. Aid, you, will now rf troops in ,the regiment's passwords, "Aid.., (After examination.) ' II amined tem personally, and find 1 1 " Colo4d. I prOnotince tins reg . raved and ready rot serviee!' Then , follows the process of initihting, new recruits, Who are properly , vouched for by members of the order, theipreliminarilyObli gatiens tai observe secrecy; the catechism to which the candidate is subjected, 4nd the -ex planation's of the colonel in respect' to the oh.; jests of the order, which are thus stated. " First i 'to secure to Kansas . the blessing of being a free State . ; and, secondly, to pro tect the ballet-box froth the LEPEROUS roucn OF UNPRINCIPLED IiEN." t These and all other questions b factorily "answered, the final oath ministered•: . . , " With these explanations upon our part we shall ask of you that you -take With us an obli g ation placing yourself in_thesame atti tude as, before. . i " OBLIGATION. • " 1,-------,in the solemn manner, here, in the presence of Ileavan.and those'witness ers, bind; my s elfthat I never will reveal; nor cause to'he revealed, either by word,' look or sign, by4riting, printinn., engraving, paint ing, or in, any manner Antsoever,' anything pertaining to the institution, savelto persons duly onalitiei to ' receive' the same. I will never reveal the nature cf the organization, the plach 'of meeting, the fact that any person is a meinber of the same ;or even the exist ence of the • organization, except i to persons legally, qualified to receive the same. Should I at any, time withdraw, or be suspended or expelled from this organization, •Ii will keep this obligation to the 'end of life. If any books, papers, or moneys belonging to the or ganization be intrusted to my care or keeping I will faithfully and completely deliver to my successor' in office, or any one legality author ized to receive them. I will never knowing in* propose a person for membership in this order who is not in favor of making Kansas a lice State, and, whom I feel satisfied will exert his entire influence to bring about this result. il l will scfpport, maintain,. and. abide ~ by any onorable anoveinent made by the or ganisation to secure this great end, 'which will not conflict with the laws of the country and thei constitution of the United States.--. I will tiutl!nebingly, vote for a support of the candidates nominated by this' organization, in 'pref , #ence to any and lilt othera. '• Toall of this obligation I dci most sol emnly promise and atrium, binding myself un der tile; penality of being, expelled; frona this organilatt in, of having my name publi'shed to the 1 4everal Territorial std as a perjures before thavan apd a ' tra tor to my country, of passing through life scorned and reviled by man, frowned on by deliilsfursaken by angels, and abandoned by God." The:‘ closing _ceremony" is as fllows .4 Leolonell Fellow-soldiers :'I; trust this has been both pleasant and profitable to - all We met as friends, let us part as t . rothers, re membering that we'seek no wron to any ; and our bond of union in battliiig forlthe right Must tend to make its bettet men,better neighbors, and better 'citizens; '' tWe thank you for your kindneSs and attention, and in.; rite you all to be present at our t:hext review, to be holden at—A—, on--- , -tiext, at------ o'clock p. m. Sentinels, you will open the doors, that ourtoldiers may retire pleasantly and inorder." , , Yottr eonunitted bave deemed 1, important to give this outline of the " const tution and ritual: of the grand m emcampen 'and regi mentS of the Kansas legion," as onstituung the secret organization, political And Military' in 'obedience to which . the . detionstrations have been made trisubv*t the authority_ of I the Territorial government established by Congress, by setting up, a State riverstrrient, either with or Withotit - tae assen .of Congress as circumstances should determizo. The en- hereafter 'dorsement of this military orgeniiation, ;aed the recommendation of the Big.. Briring - 'crin4 . vention for" the procurement and .prep e ja,.. thin of aunt;," accompanied with.the 'distinct declaratien that " we willl.,resist...them • [the laws enacted by. the Kans&S.leiritilatitre] to . a bloody issue, as soon, as we ' entertain' that peaceaeble remedies shall fail ford re-' sissance - shall furnish any reasonable prospect ofsuccess," would seem to ado it rtes. , other interpretation than that, in theevent'that the courts of justice shall sustain the. validity :of those laws, And Congress shall refuse' to , ad mit Kansas as a to with the constitution' 'to!be forned'at Topeka, they will set tip :an independent government in defiance of . the federal authority.. • . - • ;The same purposels clearly indieated . Ity tlinether' proceedings of this convention, .in which it is declared that " we. with Benin re-: ptidiate the election-law, se.called. ' and morn, - mate Governor Reeder for Congress to be ve 7 . ted for- on a different day from that. author- . ized bylaw, et' an• election to . be: held . • by . . jnlges and clerks not appointed ' .in pursu ance of any legal authority, and not to be sworn by any person ,authorized by taw to administer oaths . ; . and., .the returns to .be made, and result proclaimed, and certificate.. granted, in a triode and by 'persons :not. per, witted .to perform these acts by any . laW, in or 4iut - of the Tel ritory. •In accepting the . nomination, Governor' Reeder addressed to. convonti in 'as follows ; and,. among other things, said : " In, giving him this 'tiontitiatiott tn: this manner, they bad 'strengthened his arms ‘ to. do their iwork, 'and; in return, he would . now pledge to them a steady. -unflinching, _perti nacity purpnie, never-tiring industry,. dog ged perseverane,C, and in all the abilities with which God has endowed him, to the righting ortheir wrongs, and the final. triumph of their cause, He believed, from the Circum=,. stances which had 'fur the htst eight , months ::surrounded him, and which bad at . the: sarne•' time pliiCed in his_ possessionmany facts; and bound hint ;heart and senl,to the. oppres s ed voters of Kansas, that he could do much to . - 1 wards Obtaining a redress of the grievances.- lle said that, day by : day,. a. crisis: •stris veining. upon us; that, -in after-times this would be to ,posterity •it turning-point, a. marked period, as are to: us the opening -of the Revolution, tile adoption of the Declara tion-Of Independence, and the era of the' alien and. sedition laws ;that we should . take eaeh. carefully; so that each be -a step .of . progress,_ arid so that-no vielenCe be: done to the tie which binds the A 111.2 rican.petiple`togetliei.— He alluded to the unprecedented tyranny un-. der which we are and •haVe been ; and said that if any one supposed that institutions were to be imposed by foiCe Upon a fre:e and enlightened *people; they never knew, cir forgotten the history of our fathers. Anifpi- can citizens bear in their breasts tor.) - ire hritio fen irnii7r.tiirti.._ of liberty, . .to submit to oppression from any ..gearter.; and the man -.v he, having. onee• been..fMe., could tamely.submit to tyranny, was.fit to be a . slave. . Etroamp- Ond Vice rand Pay line's, and aka all at large, ions. shall • • rat shall regiment tinpterW ) Exam %viti,Law M. D. o respect- lr of boliki irtislbleoaratlsi; luarter- , g on file bordinate view the have cor, it oii ai lie urged the Free-State men of Itanga.s to forget all miaor issues, and . pursue deter minedly the oee great object, never swerving but steadily pressing on, as did the wise men who followed the star to the Manger, looking back only for fresh encoaragenient. sealed that peaceful resistance be made' to the tyrannical and unjust lays of the spurious legislature ; that appeals to the courts, to the ballot-box, and to Congress, be made. for re lief from this oppresSive Wad that vielence should he depreciated as long as a singl4 Intl* of peacepple redress remained ; but if, at, last all these . should fail—if, in the proper trihd nals, there is no hope for our dearest right., Outraged and profaned—if we are still to suf fer, that corrupt men may reap harvests wat ered by our tears—then there is no more chance for justice. God has provided, in the: eternal frame of things, redress for ev,ery wrong and there remains tons still the steady eye and the strong arm, and we must con quer, or mingle the bodies of the oppressors with those of the ,oppressed upon the' soil which the Declaration of Independence no longer protects. But he 'was not at, all ap prehensiire that such a crisis would - ever. ar rive. lie believe& that justice might be found far short of so dreadful an extretriity ; and, oven should an appeal to arms come, it Was his opinion, that. if wire preplred, that moment the victory is wen.'-' . In pursuance of the' reconimendation Of the mass meeting held at Lawrence. on, the 14th of August, and endorsed by the conven tion held at the Big Springs on the sth and_ 6th of September, a convention was held at Topeka on the 19th and 20th of 'September, at which it was_deterinieed to hold another convention at the same place `on, the ..fonrth Tuesday of October, for the purpose 'of' form a constitution and State - government ; and to this end such proceeding were had as ware deemed necessary for giving, the notices Conducting the election of delegates, niaki ng the returns, and assenibTyitig the cottventiou. With regard to the regularity of these pro ceedinge-, your committee see no necessity . for further criticism than is to be found in the fact that it was the Movement' of a polit ical party instead of the whole body of the people of Kansas, conducted without the ,law, of overthrowing the. Territorial govern: ment established by Congress. . . . The - constitutional convention met ~at at To: peke on the-fourth Tuesday of October, - and organiied by electing - Colonel ,J. H. Lane president, who returning - his acknowledge meats for the honor, repudiated the validity lof the Territorial legislature and its acta , in I.these words • • " Gentlemen of the convention ',C. For -the po,ition assigned me, aceePt iriy" thanks.-- , 7 You have met - gentlemen on no ordinary : 643- oasion,. to accomplish, no ordinary Purpose.-- You are Ihe_first legal representatives the teat twitters of Kansas have ever had. Yen . coni: : prise the'first eleoted .representritive bed) , ever assembled in the -Tertitery,7 " -Ptiit 2 Yr,Ociober 26. —Mr. - Satit4 offered the, .follawieg resolution, ,histylictibg the standing . conithittees "liesoliled, - That the . -various committees of this oonirention he, and they. are _ hereby, instructed to frame the work, having in:-: view an immediate organisation of a State govern- • meat.," " Oltotier the,eveniog.seastoif the dehatee'Vart.high upon Mr. Smith's monition itrfor e ionootto an iminelliate - Stete' organize': z00..,'.T1M mover _ of the .reaolutions Was 'la favor of electing tate officals fit . once: lig would advise nehesitaticiu ; he would rimed eink satis is. thus ad- 001-11114 ta; a bold ftont and waver.nOt. Te6 l . ritory was without : la wa;life and' were unprotected..: govein - .went had broken 4own..- could_not leave it, an hour for the action of Conkrelis attar an, • appliestion - -fer adMissiok hut *Mild _set ups:• an independent Coin of goverortmot."4M; Mr. Emery said ",.tiewi ChaitrlA!kk - ' - what - doek this reso lution: eptiteMPlatit" _What is proposed td be dettal_ that Peo:- . poses - to supersede the - present wine-it efficient, Territotial government, and hails' it enunciates the fundamental idea of the con- stitutional movement.: Ay, it does more. 7 11 Ptoposes to proteinto a fact the leading WO' the Declaration of Independence, theingiitst:: human authority in American politics, is this . : Whenever Any •. of government _ becomes destructive of the•ends,for- whit:kit was instituted, it, is the Tight. of the , people td, • alter or, abolish it, and to .ittstitute_- - nelro, I government. .It.proposes to-ferea,tbeories of - human rights into facts, to practically..-apply this great principlrp to thet wants Ma. Ate ne t cessities of the doWn-trodden people _ of sax. Ido not question this right orthe peck ple, 'and certainly:no gentleman on-this - flea will disagtee with me. If he does, jia' °Ceti; pies a most extraordinary position ; and Dolt sistency would suggest that ,he withdraw from this. body. No, Whet. we say that, Wo7 will take measures to supersede and ; _tander - . unnecessary that thing ,noiv.lixtended liver - 11d called a Territorial ,government—wheo, !ire' say and maintain:that we have a nght_ guar.: artier' by the constitution; to have a - - fotmo-f -gOvertinient resting On our .own consent and free will ; we the'only doing whit,. aa_Anteri - can citizens, .we have aright tri.d6; . propose to carry out. the, doctrine, Mutat, a bitsed and grossly misrepresented.' in it hail been—l Mean the doctrine of squatter sover eignty, under which we are assembled . ' hem to-day, and , in pursuance of the principlesof ive . hope. to-,extrieate citirsebT our presin unhappy c,onditiOn.” It is but just:to_ state * . that; in'anOthir part of this same speech, Mr. Emery declared bbneilftip; .posed to In immediate; lectiori "under thek.fiew, constitut tied an immediate session of the . general; ssembly, - when all - the *betel 'of State: governtn eat shall be put inmotion, irreaPartire - - • of the action . of Congress, upon Aue - applinatioi, fur adruiSsion.. Mr. E.. presented his'objectlemi to the position of Mr. Smith, and maintained the' views above indicated::'. He: contended : _that, - in,4- asnmeh' as this Territorial form ot. Gevernmint. was recognized by the Supreme Cenrt ofttfi r-- United States, and hence a legal form - ,ofiguiertt- ment, no other government eoujd be substituted . „ so long as that was in existence;Without risking the most-serious consequences; to say the In reply to the advocates of immediate State org,anization, - Mr. Delahay, of Leaveevioithl, . • . . "Under the , de fi nedAiglits of squatter sower:: • eighty, as enunciated "by the- Kansas Nebraska ac t. is - tra,rdfehrifitki-m i selve4 - the bardeaa . people of Kartsaath organize.a new governmen if its authority is to come in 'Conflict:with that of the government created. "b " y-Congtes&—Tke g&itleman from Lawrenie (Col. Lane} has its. sumed as a fundamental position, in advOcating. an immrdiate Siete ,organization, that neither government nor local law exists in this Territi: ry. sir I must dissent from that position. I - deny, Air. Chairath, that a Territorial germ:v. :tent can be legally abolished by the-election or anotheriovernment; "'I "hold, on the contrary - A '. and I think - . that thy " pealtion would be suppertr ed'by our highest legal authoritiea;that the pnitt-T. or of a Territorial - govertimenceasee only -lid' ' the enactment of the body which created;at; Other words, that the governnietttatellaws of Kansas can be ati,ilis'hed by Contrress.idoney And: are beyond. the reach of, this ..Territorycor tutir others power. - I do not pretend to - deny that,as all civil poWer is derived front - the pople, liter have the-mornl right to abolish unjust lawn, - or . to overtbrow-obnoxions governments by force but I'do. quesiion the expedienCi of effecting a reform in. Kansas brainy overt not of rebellion: For I must confess, Air. Chairman, -while I. cast not the shadow of suspicion on the .motives of - the advocates of this niesitire, that fq•ri the Void; of view from which I re - gard this question, it ap. pears to me - to be an act of rebellion." • - ' Yotir committee lhave made these voliittun' , extracts from the' - beat authenticated .reporte ... which they. have been able te obtain. of . the pro l , ceedings of.the converitiod, -for the purpose of '! showing that' it was 'distinctly -understtiod on alf ,. sides that .the adoption fit the proposition fbr'ON ,aanizitig the State-government before the assent` of Congress . for the,admission of the State should be )btaiued, was a decishin in laver of ropildia; Ling' the laws, and overthrpiing the' Tertitorkt governirctit in dell'arte° of- the authority of Cott:' press.. By this decision, aiincorporatedinto dui • schedule to the - constitution, the vete on. *Ova: ification to the ,Censtitution was to be helttori,.,, the 15th of Deeember ' 1855 , and the election for all State officers on the third Tuesday of Sanaa: ry, 1856. The third seetion of the schedule is follows , . • "The general aisenibly shall ineet.ori day of 31;ircli, A. D. 1850, , at. Topeka, at IS_- :, m., at which time and place the governor; torten t, governor, secretary of state, judges,,it ati; ictne" court, treasurer, auditor, State prtatef t porter and clerk of Supreme"court, and attorney -, - gencral,shall appear, take ;the oatb. of OS* and - - enter upon the discharge of thi duties of theb respective offices under . this_ denstiteticiii shall continue irt_office in the sane manner, arid" during the saute period; they= would have done had they been elected , on the first IliondaYotflu.`' ' gust, A. D. 1156:' - • • The elections of all, these °ulcers at the times specified ; atitlen the 4th darer thsi-, present month:the newgeoternelOut win s to hem i i 1' been put in operatio 1, n conflict with "" the .: -• Ter rit3riat government established by CoUgvess, Sad for the avowed gurpose 6f tfribverting and over- - - - . - throwing . the same, Willie* - !•efermicelfi the SC: tie nof Coongress, irrni„their applictitiOrt hi= - . : :- , mission into tho Union. ' - -Your-committee s*not aware of tiny - tau a the history: of our tiWrt °email which can 'y cited as an example, winch leisrijirstitleitt* for these extrionlinarriiroceedlngs.Qum* ha s t'o_ occurred in which the - inhabitants of.partasulat,' Territori.es have been Permitted td forot tutions acid take the ate* - gasizatiorice Stath governmentsfprOaterifto their admission into the-,Uniorii withostkiilitaira ing the previous assent of Ceogrinur 'ery instance the proceeding' . r" l and hiien eonduetedin ordination 10; 4jit thorny of the local ; governments _establla W - ,resagati e d by "the • goYeruntent " o r ow wawa, States: Michigani ArWeas, and csilik fornia, are sornetimed cited :as eases 3n paint; - Michigan - was ermined-Into Tan .irrinaratiia inciiet the ordiuMent'ot-the 13th of !!as reeogulsed tuid,earried- into_ effect by** ol . cofii-gress-adwoopt • 0014" o 1.4a016;;•:- 'Oral conititation; in that, ordlOalra it wittrltve" eidedthat the TerritOrtriorthwestaf river. iheuld be divided into notlees'thartWear ner.iitore' than five Meta; "acid wheneTtirnq of said States shell havetrlAtt ll4 -4 4 alui free Ind tabiiauts therein, such `State shalt biltedmitisdf!. by its delegates, itste. - thcquigolailtArto 614t0i, On au equal 'fingui!!..Yrkitti Ilte-sirtinatH States in atr teetteitti - :-Msamr — . - qn,iuut - 4411110 , See fourth ear e: EMS :.„ ~, ,: , : •_e: ';'-:•1::)---''
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