Indiana American, Volume 24, Number 8, Brookville, Franklin County, 8 February 1856 — Page 1
tittt SOCIETY. BROOKVILLE, FRANKLIN COUNTY, INDIANA, FRIDAY, FEBRUARY 8, 1856. WHOLE NUMBER 1204. VOL. XXIV-NO. 8.
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Fron Ik Colon MoWtlne. A FABLE THE SHOW-FLAKE. The followio IHlie plre, from the pan or a data Boot, Mr. H. O. Adam, may b regarded rhia likuiliw oanü. uduaM uneultl able for a Sunday School tearhar. Pat Into word-, JSm : ton aeeUmoBU would too Howe rar tNSM Dower, yon mat do rood, txtiniam upon and not elf pleading your motive. While you aiaaiar- won. na inawrconiDiiaanian u ''ki .,, tknn vnlnv thnn lit'.la mow-Sake. Ootr ertuff, qalrarief down Um ekjf What would'at bo doln thou little inow-nake, Learlac tfcl.k too realou on tugar Earth U au place fort fair lUlaf like thaw, Frajlte aj boauti ful, graceful U whiteMeet for an angsl to place oa hta brow, Whan he tun. by the UtroM of the Falber of light." "I aaa hut aaa of a emtarbood fair; We hare s work to perform upon earth; 0 wa come gaireriag dow a through the air, t i w mm j . w are coa,miaior.rd to ihe'ter and ahieid ? am .i . - a .L. Wai. atvtnin Loa Yin the Seoey clouds where we have birth. From the sharp froat and Um keen-sipping wind, The rooti tad the eedi Is U e garden and Seid, That fruit la due aeaaoa may grow for man "Bat dot thou know, 0! thou little nowisk, Lea Tin; thy home t r. the efione of air. That when brooch t low,Oi thou little mow-Sake, Dawk wltt i ty tot be. rod aad wilt thoa fare? ftaahVI tale piece-, and whlrl'd to and fro. Trod oa, 4eSled, aaa soon I oat lo the mlrs; Herer again to tlty homo halt thoa go, If sr Iks c loads with their edges on Are." .I Mhmh.1 uuUamt. hin no Itnr T ' , ... , m-v uuvn, ,v wur , God hath commanded, oar duty la clear. What ahaU befall us lis Ro moat decide. Although m earth wa be melted, defiled . Forma yet store beautiftl we thai 1 aaevne; E'en like the aoul or a dutiful child By tke Sun of Sslvstioa called oat of the tomb i Jntetslinj Stimj. ACOÜS3N3N NEED. On a dreary autumn day, more than a hundred years ago, a heavy travelling carriage was slowly lumbering along the muddy road from Potsdam to Berlin. Within it was one Denan onlr. who took no heed of
the slowness of the travelling; but. hw P'P6- he removed it trom his mou Ji crossing which he passed through a leaning back in a corner, was arrang- I nd addresaed Heinrich in this way: j gte in the wall into a narrow aideig a multiplicity of papers eontamed 4,I have been thinking over whit street, down which he conducted in a small portfolio, and making notes j 7ou haT5 been tel,,0tf m: j Heinrich, till they arrived at a private in B pocket book. Since he Wat dres- Phps. in a humble way I might be ( entrance to the palace. Heinrich bowed in a plain dark military uniform. ! aaatsi yoa, and thus act the gan to get exceedingly nervous; the if wae fatr tninnnoat that thra wee tie. i part of the cousin you have been aeek-, conviction that his idea waa not a
r r a. but to wh& grade of it nobody could ! . . 0 . . I determine, as a s urns of rantc naa been avoided. A dreary November 3 evening in-wo olosino- in. nd. thnno-h .i I..J r - t I , " .. Ä .....j ,L?J" the sky, Kave warninir'that a "weep- ' O D A ing darkness" was at hand. road grew heavier and hesviei least so it should have seemed rn. 1 . j
foot traveler who was plowing his way ! Dout d0,n8 8 '"dness may perhaps marshal continued to lead him through : in? rou OI parrconwinea a goou apthrough it. mire; and so. doubtless, it yon. And now." ( T,rious galleries until at last they j Pent at the University of Berlin, did seem to the carriage horses, who ' he conunued, "sa the road is iraprov-! reached the door of one situated in a aDd Bade Heinrich Meyer one of the at last floundered along so slowly that 1 1 must hun7 on lhe borse' d corner of a wing of the palace, where i ro7ftl P1-
the pedestrian whom tbey had over-1 taken kept easily by the side of the i coach though st s respectful dis tance, certainly, äffet the first bucketful of mud that it splashed over him. The gentleman inside the coach, when ha could see no lonrrer. ahnt un hi portfolio, and returned the pocket i B - - , r book to ite place'in the breast lining of hie coat. He then roused himself to look out of the window, and judge, from the mud aad darkness, how far it might be to Ber'in. For the 6rst ' time be perceived that a muddy young : man was walking at a distance from ! his horaes. Though more than rcasonably travel stained, be trudged on ' j 1 T l a a a asiinisiimos were strong ana nis heart light. Through the driztle 1 and the darkness, all that could be 1 in r.fhio far. .a. oon.iKlo onrl rrorvl
WVVil V IIIS IWVV ff HO V 1 1 . I S t Ks asiäag KVVU tempered. He had just finished a ! "Time will prove this, as it does all pipe as he attracted the traveller's at-' other things." thought Heinrich, as tention, and was in the act of shaking ne proceeded on his way. Somehow out the ashes and replacing the pipe or other the road appeared less weariin a wallet slung over his back, when ! n' nd he felt less tired and foot he beard himself addressed in the wr 8nce receiving the mysterious bit manner following, and inrather an 1 of PaPr- Hope w us stronger within authoritive tone of voice:- him lnan 8ne had been ,or mnJ R "Halloo! young man, whither are : day: and on her wings he was carried you bound this stormy looking night?" plently along, so that he reached That is more than I can tell you. j ßrlin by nightfall, not being at home in this part of the The noise and bustle of the .capital world. My wish is to reach Berlin; ! was new to bim; and he found some
but if I lind a restinir place before I get there to that I am bound. for I gm weary." "I should think ?ou must have a two hour's walk before you," was the unsatisfactory remark that followed. The young man madeTio reply, snd after a short pause the stranger said: i ' If it pleases you to rest on the step j of the carriage for a few minutes, you I are welcome to do so, Herr What's- ! your name." "My name is Heinrieh Meyer," replied the yountr man; "ohm of those wlio wisely never refuse the small benefit because the lariret one is not to be obtained." He thankfully accepted the not very clean place allot - ted to him. r rom insiae tn W-i.UOW the next jtinestron put to Hemr i.?h was: " v nat are you uoin . . aa i to Berlin for?' "To hunt for some cousins," was the reply. "And prsy who may they be?' asked the unknown. -wen, to ten you tnetruiu, i nave arm am it . a . em a not sn idea who they are, or where to look for them Indeed, it than doubtful whether I much as an acquaintance in Berlin, much less a relation. The questioner- who should hsve been sn American colonel looked . aiuweuHuu o tun 1 5 ne u as ne Buuircst - cd "Surely there must be some other motive tor vour going to Berlin, or what could have pat this idea into your head" Why," replied Heinrich, 'I have ,., n clergyman, without the oi getting anyiamgi
to do in my own neighborhood, I have no relative to help me, and not quite money enough to find me in necessaries." "But," said the Prussian, "what on earth has this to do with cousins in Berlin?"
Well, now, who knows? Many of my fellow students hare got good I appointments, and whenever I asked nointmenu, ana wnenever i asxea . ' i.., t,- ... r,n. LUIT 111 IU Cit LUD H LAU CT ii u ww I b ff (aay wwua was "A cousin i trave it to me," or, "1 got it through the interest of a cousin, who lives at ; Berlin." Now, as I find none of ! these useful cousins live in th coua. j try, I must go without their help, or ; alse hunt for them in Berlin." ' This was all said in a comical, dry ; way, so mat nis iisteuer iuuiu nut iv. .1. 1' a . A train from laughing, but he made no comment. However, he pulled out a piece of paper, and began to write up- j Vu . . v MW M v, turned round to Heinrich, saying thatj a aas 1 I on it. When he had finished, he he observed he had been smoking, and that he felt me ine d to do the same, but had forgotten to bring inrer der with him. Could Herr Mere oblige him with a light? "Certainlv, with great pleasure," was the prompt reply; and Heinrich ! taking a tinder box out of his wallet, immediately began to strike a light, Now, it has been said that the ere-1 nirnr wa damp. that there seemed little enough prospects of the tinder's light- j ing: moreover, the wind blew the sparks out almost before they fell. w . . .
"Well, if your cousins are not more ; pnse you to hear that I have written easily to be got at than your light is, j to these different gentlemen lo inquire I pity you, young sir," was the sole j your character, that I may know with remark to which the stranger conde- j whom I have to deal, and not be scened, as he watched Heinrich's Ja-j working in the dark." Ashe said borious endeavors. ! these words the marshal fixed his eyes "Nil denperandum is my motto," on Heinrich tosee what effect they answered the young man; and when j had, but the young man's counteuthe words were scarcely uttered ance waa unabashed; he evidently ed, the light had been ttiuck. In J feared no evil report: "I feel bound," his delight at succeeding Heinrich continued the marshal, "to tell you jumped upon the carriage step, and, all that they say of you is most favoraleaning through the window, thrust ble, and I am equally bound to bethe tinder eagerly in the direction of lieve and act upon their opinions. I the gentleman's face. "Hurra, sir, have now to beg of you to follow me puff away!" to a friend's house. After a short pause, during which The marshal descended a private
time the ger had been puffing at . . ,i . , . . Berlin," handing him he slip of pa-j nn .k V. V. . rt nun.. I r-' " -8 i.. 1 1 a. mäT t i II laKe 10,9 noMS 10 Ma" '?w wruraoaow i "bo i somewhat a friend or mine, and who will I think, be irlad to oblice i ind who will I think, be clad lo oblitre rn Rut mind! do exactly a. he bid. you. and abide strictly by his advice, I- A .! II 1 1 1 mm. If he SaVS he Will help YOU, rely upon wihirn h Arri- h..t ho i. rather eccenfric, and the wsy he sets . . aa a . . - I w. ",u Jou 8" evening, uupmg ywa i wilJ VV your new career. As Henrich began to express his thanks for the good wishes of hia unknown friend, the signal was given to increase the speed of the horses, and, 1 before he had time to mske any aea a . Knowieagemcnts. h found himself ( alone again. Theioung man was no little astonished at what had takea place; and as he gased on tho slip of paper, could not help bui wonder whether y good would become ot it. ThM were tne 7 word written on "Dcr Marabal, If you can forward the views of the bearer. Hem wtaVi lnua va-xas wawall --. n ,,,w" w'" """is frtnd. knw the result of interview With bim." F your little difficulty in making his wav to the Gasthaus, to which be bad been recommended by the pastor of the parish. The pastor having once been in Berlin, was considertd, in his part of the world, an oracle in all matt- rs connected with town life. The inn was, however, found at last, and after a frugal supper and u good night's rest our friend arose, ready to hope and believe everything! jrom the mysterious note, which he L started forthj to deliver immediately after breakfast. Obliged to ask his wav to Marshal i Grambkow's, he was amused and sei - r.rid at he aatoniuhmpnt oVnifiorl r, ! the countenances of thoM mrnnni aafl 1 whom he made the inquiry; as if tbey .,!, I m WK,.r K,..;nu.. mm. lay, have with the Marshal Grumhkow4" have with the Marshal Grumbkow?" The house was. however, at last gained, and having delivered his mis - sive to a servant, Heinrich awaited toe result in ine nan. in a few min - utes the servant returned, and request - ea mm in tne most respecttui rranncr, to follow him to the marshal's ores - ence Arrived there, ha wss received
is more most courteously; and the marshal Heinrich went to the church ap- and House of Representatives duly I the eubject of the condition of the colhave so i made many inquiries aa to his nast '. nointed. and was conducted to the' elected and embowered loenset sHthe! ored nerson s held to aawmtaa in mm
life and future prospects; requested to oe told i nc name of the village or town in which he had been Isst residintr: the SCbOOl in Which he had hrt . m wintu ne naa oeen t inn he was living forth. But still, no either to the note or 1 euucateu; at wnnt in Berlin; and so allusion was made to tne writer 01 it. The interview . I . . m . eema lasted aboul twenty minutes, st ths end of which time the marshal dismissed bim. deairinff that he would a train call that day fortnight. Heinrton Meyer employed the in
terval in visiting the lions of the town. There was a grand review of the troops on the king'" birth-day; and, like a loyal subject, our friend went to have a reverent stare at his majesty, whom he had never seen. Atone point of the re?iew the king stonoed almost opposite to Heinrich;
and then was sugei the reader probably aMMuiad in him. as ! M I giinnia that mj icuu uuu.; mm-, after all. he must have seen that lace - F . I somewhere before. Was it the friend wno oaiieu mm in mo muuuj ly. impoaaiuii ow auumu t a..uÄ traveling at that time of the day? At any rate, t vexed him to think that he had not treated the gentleman in the coach in a ceremonious manner. He had thrust tinder at his ncse, and cried tr Km l Puff a wow w At the time appointed for his seeHis ond visit to the marshal arrived. reception wag again mo! favorable. ine marsnai oeggeu mm to dc wsieu o at the table at which be was writing I J.J .a iL. ' - - iImia and proceeded at the same time to drawer, and business. Lnloexintra bringing forth a small bundle of pa P rs, he asked Heinrich, as he drew an l tt them forth, one by one, it he anew in whose handwriting the various superscriptions were?" Heinrich answered, that to the best of his belief one was that of Her Mu - del, bis former schoolmaster; another, that of Doctor Von Hummer, the ... , ii j principal of such a college, and so on. "Quite right." remarked the marshal, 'and perhaps it may notsurgtaircase leading to the court-yard, stronger and stronger. Could he I i I , - , 1 FT ! , u natu nia on wish, nemricn a a . . m. Meyer would would at that moment have been fortv miles from B. rlin. At loot Ka Anni kim.ir riir..;... At last an h found himself follnwincr H . 11" could not refrain from ekclsiming. h aaaa ... - "Indeed. Herr Marshal, there must hfl :.,.u.i.. No answer was vouchsafed as the - ' lQe marshal s knock was .answered by a short "come in.' As the door opened, one g'ance sufficed to convince Heinrich that his friend in the
mud, and his king, were one and the Special Message from the President. ; gnniiation that ot ordering t 0 censame nerson. The noor cousin m. l: -j ! sus or enumeration of its inbaitants,
er, greatly confused, knelt before r . - r . Frederick William, and began falter ing out contrite spoligies. "Rise, young man," said the king, "you have not committed treason. How on earth could y u guess -ho I whs? I should not travel quit ' if I meant to be everywhere recognised." After reassuring Henrich, the king told him that he was prepared to do what he could to push him forward in the profession he had chosen. "But first," he said. "I must hear how you preach. Oo Sunday next, therefore, a you shall preach before me; but mind I shall choose the text. You may retire." By the time Heinrich Meyer reached bis own room at the inn, he had fixed in his mind the fact that he was to preach to the king. The f ct was only too clesr, and all he could do was to set about his sermon as soon as he should have been furnished with the text. For the remainder of that day he never stirred out, every step on the stair was to his eais that of the bearer of the text. Nevertheless, evening and night passed, and the next day was far advanced, but still no text. What was to be done? There were ' only two days before Sunday. He must go and consult the marshal: but the latter could give him no further information all he could do was to promise that if the king sent the text through him, it should be forwarded with the utmost dispatch. That day and the next passed, and yet Heinrich heard nothing f r . n either king or marshal. Only an official intimation was sent, as wasensto1 mary.'.tha' he had been selected as i the Dreacher on the followincr Sundav at the chapel royal. I If it had not been that Heinrich 1 mmmm. V,;m.!f - ers of ora'.orv. and that Km eoulH von i eratemoorise in case of emertrener ' he would have certainly run away from Berlin and abjured his discovered cou isinl As it was. he abided the course j of events, and fortified himself by prayer and philosophy for the momen - 1 tons hour, Sunday mornintr arrived. ' but no fext. j sest always set apart for the preacher i of the day. The king, with the royal family, occupied their accustomed nlaeoa. piaces. The services commenced, but no text! The prayers were ended, and ' while the organ pealed forth Us solr w. emn sounds, tne preacher was led to the pulpit. The congregation were aelouiehed, not only at his jyouihfulness, but at hie being an utter stran ger. The pulpit steps were gair,ed, and
the thought flashed scrossed Hein- j
ricd's mind that possibly he might
find the text placed 'for him on the holding office at all subsequent elucdesk. j lions sb juld be such as might be preBut, as he was on the point of scribed by the legislative assembly: mounting the stairs, an officer of the j Provided, however, that the right of roval household delivered to him a 'suffrage and of holding office should
piece of paper saviny. "His Majesty His Matestv sends the text." . . r ... ... A fror Wviru- rente ( the nroliinino- - - r - ' ry prayers, the preacher opened the W a ... w, a
paper, and lol it was blank not a oath to support the Constitution of the word was written on it. What was to ! United States and the provisions of be done? Heinrich deliberately ex-(the act: And provided, further, that amined the whi:e sheet, and, after a ! no officer soldier, seamen or marine, short pause, held it up before the con-1 or other persou in the army or navy of gregation saying, "His Majesty has the United S ates, or attached to troops furnished the text for my sermon. i in their service, should be allowed to But you may perceive that nothing j vote or hold office in either Teriitory whatever is upon this sheet of paper j by reason of bing on service therein. 'Out of nothing God created the Such of the public officers of the world;' I shall, therefore, take the Territories as, by the provisions of the creation for the subject of my. discourse act, were to be appointed by the Qenthis morning." eral Government, including the OoverIn accordance with this decision, j nors, were appointed and commission the preacher went through the whole ' td in due season; the law having been of the first chapter of Genesis in a enacted on the 30th, of May, 1854,
! masterly way, bis style being fwrciIble and clear, and hit. fluency of lau-1 a a 1 w i guage remarkaoie. tits audience, accustomed to the king's eccentricities, were far mote astonished at the dexterity with which the preacher had ei;tncated himself from the difficulty, ! than at the dilemma in which he had been placed. At last the sermon was i.j 1. . j: ienueu, tue cougregatiuu uisuiisoeu, and Heinrich found himself in the sacristy receiving the congratulations of sever.il dignitaries of the church, who all prophesied for him a brilliant future. Heinrich endeavored to express his amazement at the singular proceeding of the king, but was told that he could only have arrived recently from the provinces, if he did not knew that such vageries were quite common to bis majesty. In the midst of the conversation a messenger arrived to conduct him to the royal presence- Be ing totally unaware what impression
bis sermon might have made upon the j to be duly elected; and to appoint the king, the cousin-seeker rather dreaded I time and place of the first meeting of the approaching audience. But Hein- j the legislativ assembly. In subrich had scarcely crossed the thresh ; stance the same duties were devolved hole of the king's room when his maj- j on the Governor of Nebraska. esty jumped np, and thrust a roll of While, by this act, the principle of paper into the young preacher's hand. constitution for each of the Territoexclaiming, "Hurrah, sir! puff awav rise was one and the same, and the de-
take this for the light you gave me!' inen throwing himselt back in a chair, he laughed heartily at the young preacher's look of surprise and confusion. The latter scarcely knew r. . . . . . WI"V wuai to uo. hll t lllsf u h hiH i.nt u c fur n ' ' V nil . 1 ....... . .. .1 .j r :. . I son ataar Srs l-ino in rorvii ntu.l i ""JC-V. mg ...m..ap mm. saying, "oiuae no nne speecues, I iro ' g home quietly, ated examine 'ÜiecontentgJf the paper. You came Belin to ek cousin; you have f,.iind Aftu wawVt n if etnii s. aw rln,l,UI found one' who ,f 7ou g on steadily, will not neglect vou." ; lt u nardly necessary to add. that il 11 a? A a . X X 1 ne suu uuieu messaire irom tue " President of the United States has been transmitted to both houses of Congress: To the Senate and House of Represe 'tatives' Circumstsnces have occurred todia - tnrb the course of trovcmmental or. ganisation in the Territory of Kansas, .. 1 m mm. aa I Vt n MA n Atrt J t 1 I ,tM AV ikiaaxavt ' which renders it incumbent on me To : can your attention to the subject, and j u,gently to recommend the adoption j Dy you of such measures of leuislaOOU prUUUl'C HICIC AWIltilUtfU Ul lUIIJais . T m . . .
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tion as the grave exigencies of the In otner respects the Governor, incase appear to require. I stead of exercising constant vigilance A brief exposition of the circum- and putting forth all his energies to stances referred to and of their causes 1 prevent or counteract the tendencies will be necessary to the full under-! to illegality, which are prone to exist
standing of the recommendations which it is proposed to submit. The act to orianise the Territories
of Nebraska and Kansas was a mani- j ligation by other objects, and himself testation of the legislative opinion of I set an example of the violation of law Congress on two great points of con- ir the performance of acts, which renstitutional construction : one, that the dered it my duty, in the sequel, to redesignation of the boundaries of a move him from the office of chief ex-
new Territory, ana provision lor iu Dolitical organization and administra tion aa a Territory, are measures which of right foil within the powers of the Gen. ral Government; and the other, hat the inhabitants of an v such Terri - l0ry considered as an inchoate State) !Are entitled, in the exercise of selfrnv.romnt to determine for them, selves what shall be their own domes -
tic instituuons, eubject only to the the election tor the legislative asConstitution and the laws duly enac- sembly might be held in the several ted by Congress under it. snd to the precincts at the same time as for delepower of the existing States, to de-1 g to Congress, any question spcide according to the provisions and ; pertaiuing to the qualification of the principles of the Constitution at what: persons voting as people of the T rritime the Territory shall be received as ( lory would have passed necessarily a Stat into the Union. Such are the and at once under the supervision of
grest political rights which are solemnly declared and affi.med by that act Based upon this theory, the act of 1 Conoress defined for each Territory the outlines of republican government, j distributing public authority among awfu v-created acents executive. judicial and legislative to be appoint1 ed either by the General Government 1 or bv the Territory. The letiislative I functions were intrusted to s Council ! local laws which they might deem es - sential to their prosperity, happiness; j snd good government. Acting in the mms inim Cnnirri-u a nn liin..il llw. same spirit, Vongress aiso aenneu tne J persons who were in the first instance; to be considered as the people of each! Territory; enacting that every free I ......... . u a ., M " - -- white male inhabitant of the same j above the age of twenty -one years, being an actual resident thereof, and possessing the Qualifications hereafter described, should be entitled to vote at the firat election, and to eligible to
to any office within the Territory ; bat I
that the qualifications of voters and be cxercisad only by citizens ot tue be exercisnd only by citizens . - - United States, and those wh should I. .. . ..... mmmm have dec ared on oath their intention . . . . . to oecomc sucn ana nave lasen an and the commission of the Governor of the Territory of Nebraska being II. a . 1 n 1 aa at n . dated on the 2d day of August, 1854, and of the Territory of Kansas on the 29th day of June. 1854. Among the duties imposed by the act on the Governors was that of directing and superintending the political organization of the respective Territories. The Governor of Kansas was required to cause a census or enumeration of the inhabitants and qualified veters of the several counties and districts of the Territory to be taken by such persona and in such mode as he might designate and appoint; to ap point and direct the time and places of holding the first elections and the; manner of conducting them, both as to the persons to superintend such elections and the returns thereof; to declare the number of the members of the Council and House of Representatives for each county or district; to declare what persons might appe u I tails of organic legislation regarding
Iroth were as nearly as could be iden- ajre of the country applied to the or- j ment- Congress, in these exprestical. and while the Territory of Ne- ranic law. it mav be conceded that sions. does not profess to be granting
braska was tranquilly and successfully organised in the due course of law and its firat Uolslativp. asaemhlv met on the 16th of January. 1855. the or - iraniZHtion of Kansas was lonir delay - a u a ww aj a w w aiwiuwa-' mmw w v w oil and ha heen flttendfl.l with serious WWamam a a v aawwaWaxaaWJ lavwvaa v w m m mm w w m iawe difficulties and embarrassments, partly the consequence of the local maj-ad ministraUon and partly of the unjuslltlin l I fl f T f. WO r r fT tltil in h U Kl I (. n I C ; tihahle inter erence ot the inhabitants! of some of the btates foreign by resi- ! dence, interests and rights to the lerritory. The Governor of the Territory of! Kansas, commissioned, as before gta - ted, on the 29lh of June. 1054, did not reach the designated seat of hi - itil the 7th, of the engovejnment until suinir October; and even then failed to make the first step in its lgal or until so late a uay mat ine election 01 j the members of the legislative assem- ; bly did not take place until the 30fh f March, 1855. nor its meeting nntil th 2d,of Ju,v-1 855' 60 that' f?r year after the Territory was constitu- ! by lhect of Congress, snd the . 1 j . .l . .l . i omcers to oe appo.nteu oy tne renerai Executive had been commissioned, it was without a complete government , i a l i niihraiif inv . ' fwlahvo uiiih. without any legislative au.nority. Wltn .ut ,oc.r Uw' and of cour8e without thek ord,naiT guarantees of peace and Publlc order. in all imperfectly organized and new ly associated communities, allowed his attention to be diverted from official obw "b""0"' " fcUC cinurjr. Before the requisite preparation was i accomplished for election of a Territori ' l Legislature, an election of delegates , congress uu ueeu ueiu in tue cr- ; ritory on the 29th day of November, 1854, and the delegate U ok his seat in the House of Representatives without challenge. If arianzeroents had ' beea perfec od by the Governor so Congress, as the judge of the validity of the return of the delegate, snd would have been determined before conflicting passions had become in11 1 med by time, and before opportunity could have been afforded for systematic interference of the people of individual States. This interference, in so far as concerns its primary causes and its immediate commencement, was one of the incidents of that ncrnicious acritation on 1 of the States which so long disturbed the repose of our country, and xcited individuals, otherwise patriotic and I law.uKiHin. tn tnll m;..l,....iu.l " j ..... . , . v .v.l nun lumullVtlOU law-aoiaing, to toil with misdirected zeal in the attempt to propagate their social theories by the perversion and abuse of the powers of Congress.--The persons and the parties whom the tenor of the actio organise the ; Territories of Nebraska and Kansas thwarted iu the endeavor to impose. through the agency of Congress, their particular views of social organisation
on the people of the future new States, '
now perceiving that the policy ot leaving the inhabitants of each State, to judge for thenselves in this respect, was ineradicahly rooted in the convictions of the people cf the Unioo, then had recourse . in the pursuit of their general object, to the extraordinary measure of propagandist colonisation of the Territory of Kansas, tc prevent the free and natural action ot its bv hsbitants in its internal organisation, and thus to anticipate or to force the determination of that question in this inchoate Stnte. With such views, associations were organised in some of the States, and their purposes a ere proclaimed thro' the press in language extremely irritating and offensive to those of whom the colonists were to become the neighbors. Those designs and acta had the neeesrary consequence to awaken emotions of intense indigna tion in States near to the Territory of Kansas, and especially in the adjoin- j incr state ot Missouri, whose domestic J peace was thus the most directly enj dangered; but thev are far from juati - I O . . "... fying the illegai and reprehensible counter-movements which ensued. Under these inauspicious circumstances the primary elections for members of the legislative assembly were held in most, if not all of the precincts at the time and the places, by the pereons designated and appointed by the Governor, according to law. Angry accusations that illegal votes had been polled abounded on all sides, and imputations were made both by fraud and violence. But the Governor, in the exercise of the power and the discharge of the duty conferred and imposed bylaw on him alone,
officially received and considered the ! unreasonable to suppose that by the returns; declared a large majority 0ft!rm of M e oaganic act, Congress i -
the members of the Council and the House of Representatives "duly elected;" withheld certificates from others h-caiiso nf allerred illetralitv of votes: annointed a new election lo sunnlv the ri place of the persons not certified: and thus at length, in all the' forms of statute, and with his own official authentication, complete legality was given to the first legislative assembly of the Territory. Those decisions of the returning officers and of the Governor are final, except that, by the parliamentary usj each house of the assembly must have I been competent to determine, in the i laat roanrl th nnalififufinn nnrl thi j 0 WW w l vuvi t luv u Ulti I u Vlttivu J iiui m 1 election of its members. The subject; ! was. bv its nature, one annerta nin ! ordinal vlr to tho inriarlirtinn of uM I VaWVIUWI W mj WV IV J I V I V V V local authorities of the Territory Whatever irregularities may have oc - cnrr.d in thfl eler-lions it ePmt too late now to raise that question At all
events it is a Question as tu I thU the legislative assembly had ZmlZ.2j?JlMW PoweMofix thepermLnt s time, has the least .possibV i ?"??
which ous authority been possessed by the Pres dentof the United States. For all present purposes the legislative body Uhus cmstitated and elected, was the! legitimate assembiy of the Territory. ; Accordingly, the governor, by proc lamation, convened tho assembly thus elected to meet at u place called Pawnee City; the two houses met and were du(y organized in (he ordinary parliamentary form; each sent to. and received from the Oorernor the official communications usual on such oecusions; an elaborate message opening the session was communicated by the Governor, and the general business of legislation was entered upon by the legislative assembly. But, after a few days, the assembly resolve-i to adjourn to another place iu the Territory. A law was accord ingly passed,' against the consent of the Governor, but in due form otherwise, to remove the seat of government temporarily to the Shawnee Manual -labor Mission, and thither the assembly proceeded. After this, receiving a bill for the establishment of a ferry at the town of Kicapoo, the I Governor refused to sign it, and, by special message, assigned tor reason ol refusal, not anything objectionable in the bill itself, nor any pretense of the illegality or incompetency of the assembly as such, but only the fact that the assembly had by its act transferred the seat of crovernment temporarily ; from Pawnee City to Shawnee Mis sion. For the same reason he continued to refuse to sign other bills, until in the course of a lew days he, by official message, communicated to the assembly to the fact that he had received notification of the termination of his functions as Governor, and that the duties of the office were legally devolved on the Secretary of the Territory; thus to the last recognising the body as a duly elected and constituted legislative assembly. It will be perceived that if any constitutions! defeat attached to the Legislative acts of the assembly, it is not pretended to consist in irregularity of election, or want of qualification of the members, but only in the change of its place of session. However trivial this objection may seem to be, it requires to be considered, because upon it is founded all that superstructure of acts, plainly against law, which now threatens the peace, not only of the Territory of Kansas, but of the Union. Such an objection to the proceedings of the legislative asssembly was of exceptionable origin, for the reason that, by the express terms of the organic law, the seat of government of the Territory was "located temporarily at Fort Leavenworth, " and yet the Governor himself remained there less than two months, and of his own discretion transferred the seat of govern ment to the Shawne Mission, where it in fact was at the time the assembly
rere called to meet at Pawnee Cily.lin le lernvory ot Kansas, be may
If the Governor had any such right to change temporat.ly the seat of government, still more had the legislative assembly. The objeetion is of exoep- .
tionable origin for the further reason
tbat the place indicated by the Gover nor, without having any exclusive claim of preference in itself, was a proposed town site only, wbl"b he and others were attempting to locale unlawfully upon land within a miliary reservation, and for participation in which illegal act the commandant of the post asuperior officer of the army had been dismissed by sentence of court martial. Nor is it eaay to see why the legislative assembly might not with propriety pass the Territorial act transferring its sittings to the Shawnee Mi -sion. If it could not, that must be on account of some prohibitory or incompatible provision of act of Congress. But no such provision exists. The organic act, as already quoted, says "the seat of government is hereby located temporarily at Fort Leavenworth," and it then provides that certain of the public buildings there "may be occupied and used under the direction of the Governor and legttlative assembly." These expressions 1 Mtg11 poasibly be construed to imply tL.i L 1 t . 1 at, when in a previous section of the act it was enacted that "the first legis lative assembly shall meet at such place and on such day as the Governor shall appoint," the word "place" means place at Fort Leavenworth, not place anywhere in the Territory. If so the Governor would have been the first to err in this matter, not only in nimselt naving removed the seat of government to the Shawnee Mission, but in again removing it to Pawnee ouj ucj.twiure from the letter of the law, therefore, City. If there was any departure it Vai KfW in KtK ina lomaoa mm ww ww iai a km vvklä IUO ttääJW O. But, however this may be, it is not tended to do impliedly what it has not done expressly that is. to forbid to the legislative assembly the power to I ChOOSO any place it might See tt 38 the I a . mi m. -mm - .am temporary seat of its deliberaii temporary seat of its deliberations. mat is provea oy tne signincant lan - guage of one of the subsequent acts March 3d. 1855. whrch, in making p - """ F ' ngso. uie Territory, enacts that the same shall not be expended "until the Legislature of said Territory ahall have fixed by law the permanent seat of governj toe power to fix the permanent seat of j ; government, bat recognises the pow-1 ' t"r as one already ''ranted. But how? m W undoubtedly by provision of the TT ii, a the comprehensive organic act itselt. i which declares that 'the lezislauve j power of the Territory shall extend to SSI ; r,8"llul uuiwc 01 legis ation conJ "ft-" S'Sient Wim me V. onstltUtlOn Ot the Msient wiiu tne 1 9T . I j . a unitea states ana the discretion, of course bv the same en actmenr it had the less and the includ - ed power to fix it temporarily. Nevertheless, the allegation thai the acts uf the legislative assembly were illegal bv reason of this remove of its place of session was brought forward to justify the first great movement in disregard of law within the Territory. One of the acts of the legislative assembly provided for the election of a delegate to the present Congress, and a delegate was elected under that law. But subsequent to this, a portion of the people of the Territory proceeded without authority of law to elect another delegate. Following upon this movement was another and more important one of the same general character. Persons confessedly not constituting the body politic, or all the inhabitants, but merely a party of the inhabitants, and without law, have undertaken to summon a convention for the purpose of trans-1 forming the Territory into a State, and
have framed a constitution, adopted it, ; f government, and entstand ta be and elected a Governor and other offi j heird n determination of its polcers, and also a representative to Con-1 7 "d . measures, and thai, thereirress ion, the highest considerations of perIn extenuation of these illegal acts orarPatrioüsmirwli it is alleged that the State, of Califor by whatever of pow Off
nia. Michigan and others were self-or-tvaniaed. and asnuch were admitted to the Union without a previous enabling act of Congress. It is true that, while in a majority of cases, a previous act of Congress had been passed to authorize the Territory to present itself as a Slate, and that this is deemed the most regular course, yet auch an act has not been held to be indispensible, .i rww r. a and. in some cases, the Territory hws
proceeded without it, and has, never- roachments from without, snd in the theless, been sdmitted into the Union , enjoyment of the rights of self-gov-as a State, lt lies with Congress to ernment assured to them by the Ooe-
autborize beforehand, or to confirm afterward, in its discretion; but in no in stance has a State been admitted upon ths application of persons acting against authorities duly constituted by act of Congress. In every case it is the people of a Territory, not c party among them, who have the power to form a constitution, jand ask adaiisuon as a State. No principle of public law, no practice or precedent under the Constitution of the United Stales, no rule of reason, right or common sense, confers any such power as that now claimed by a mere party in the Territory. In fact, what has been done is of a revolutionary character. It is avowedly so in motive snd in aim as respscts the local law of the Territory. It will become treasonable insurrection if it reach the length of organised resistance by force to tbe fundamental or any other f deral law, and to the authority of the general Government. In such an event the path of daty for the executive ts plain. The Constitution requiring him to take care that the laws of the United States be faithfully executed, if tbey be opposed , . m -i. i. . . i a . anu biiouiu piace at tne disposal or tb Marsball any public foree of the United State which happens to be within tne junwiiouon, to bemused aa a per
SB
tion of the potm tmmiUänt; and if that do not suffice to maintain order ttei he may call forth the militia of aoee or more States for that object, or employ for the same object any part at thg land or naval foree of the United States. 80 also if the obstruction be to the laws of the Territory, ana ifbe duly presented to him as a eaea of be surrection, ha may emp'jy for it Inpresaiou the militia 0 any ötatesupthe land aad naval fote of the U, or states . And if Um Territory ded by the eiUxens of other whether for the purpose of elections or for any other, cal authorities find themselves the In to repel or withstand it, they Baalim entitled to, and upon Um me will be fully aeeeitaiued they shall tawJy receive the aid of the Government. But it is not the duty of the President of the United States to volunteer interposition by fores to preserve the, - . - a, . a purny 01 elections either in a Blate or Territory. To do so wotld be enbversive of public freedom. And whether a law be wise or nwitj, jtet or unjust, is not a Question for him to jnctge. if it be eonstit is, if it be the law of Urn bis duty to cause it to be to sustain the authorities of any flaa). or Territory in executing it m Opposition to all insurrectionary ruoresassits uur system affords no justrncation , 0f revolutionary acts- for the rinn) m.. r i;; 1 t unjust administration and laws, by a change of public sgents sad by re ... . . pe:, are ample, and more prompt sad ' effective than illawal mUmM kaaW I a ' W m constitutional means must be lously guarded this great tive of popular sovereignty spec ted It it the undoubted riebt of tbt peaceable aad orderly people of tjse Territory of Kansas to elect tbeh aera larriftlativ hodw anaW tWoir nai to aaa QWu , ti withoat fo w J,CTUtion. interfereDO,t on tbe erne j UibitioQ Jf 8,tTe labor hM produced mischievous interterence; on the other, for its maintenance or introduction. On) wrong be gets another, i Statements entirely uxttouDded, or grossly exaggerated, sedulously diffused through states to teed the flame of animosity there; aad the there exert themselves lodefttigabty in return to encourage and stimulate the strife within the Territory. The inflammatory agitation, of which the present is bat a part, baa for twenty years produced aetbtnaT j u t mm -. i a . . .."? a ... f : ' k lu cuaracter 01 tue P.., f... :. l l . t . t--t f " u ,? LM a ltte ,olure J w üZoSV I tläW inuli tlttAna elaam fitlaaM I non Vom . P""y ov eoüee- ! ? W to P"amongtliem any po1 laical emotion. Climate, soil, nrodavs- , the pUraait 0f hgippitiegjs on the ! of the g,, themselves. With tion, hopes of rapid advancement aad part wood wishes, but with no interference from without, would have quietly determined the question, whiel . is at this time of such disturbing character. But we are constrained to turn our attention to the circumstances of embarrassment as tbey bow exist. It k the duty of the, people of Keaeee to discountenance every act or panrfttf of resistance to its lsws. Above eil. the emergency appeals to the r if i gens ot the States, and especially af those contiguous to the Territory, neither try interventions of non-residents in ejections, nor by unauthorised military force, to'attempl to encroach upon or usurp the authority of the inhabitants of the Territory. No citieen of our country aboard permit himself to forget that he is apart .... . -. Zr : .T ,nieSru7 01 tÖC ltW 01 toe Entertaining these views, it will be my imperative duty to mi lac whom power of the Federal Kxncntire to support public order in the Territory, to vindicate iu laws, whether federal or local, against all attempts of organized resistance; and so to protect im people in the establishment of their ! own institutions, undisturbed by ensutution and the organic aet of Con gress. Although serious threatening dis- ; turbances in the Territory of K j announced to me by the fioimmM m j December last, were speedily filahifl. without the effusion of blood, and ka a satisfactory manner, there is, I regret to say, reason to apprehend thai disorders will continue to ooonr there, wish increasing tendency to viofeaec, nntil some decisive measure to dispose ol tne question itself, WMeh cos the inducement or occasion of : agitation snd of external inl This, it seems to me, can beat ka accomplished by providing that, when tho inhabitants of Kansas may deeire it, and shall be af sufficient number to constitute a State, a convention af delegates, duly elected by the qualified voters, shall seanmble lo trnsne a consütutionrand thug prafata, Uwigemfc regular and inwmi nne eg. tor tss naV mission into tne union aa a State. T respectfully recommend taw I ment of n law ta tale sleet I reoommend. alto, thai a appropriation be made ta defray expense which may beoegne requisite in the execution of the laws or the maintenance of public order in the Territory of KaaaaA FRalKKLDT Wiiiium, Jam. .0, 1MI