To His Excellency, Franklin Pierce, President of the United States:
The undersigned, your memorialists, members of the Council and House of
Representatives of the Territory of Kansas, respectively represent that a crisis
has at length arrived in the affairs of this Territory which makes it imperative
that you should interpose, so that our Government (the wheels of which have been
dragging so heavily heretofore, and which have at last come to a stand) may be
relieved of the clog which has been attached to it, and be enabled to move once
more in its regular course. A brief history of our Territory written and
unwritten, since its organization, will enable you to see the causes which have
conduced to this end; and the remedy being in your own hands, we trust and
believe you will not hesitate immediately to apply it.
On the 30th of May, 1854, more than one year since, the bill opening the
Territory for settlement, west of Missouri and Iowa, was passed. The public,
excited by the glowing descriptions of those who had been in the Territory, and
by the debates in Congress regarding the future political destiny of this
newly-opened country, immediately rushed in by thousands from every quarter of
our widespread Union. No Territory, ever organized by this Government, has been
peopled with half the rapidity of this, save California, owing to the unnatural
stimulus above alluded to. A people thus numerous - thus diversified from birth,
education, previous associations, and present intention and object required, it
seems to us, for their government, the most prompt action on the part of those
called on to preside over them. From the month of May until October, there were
no officers here; the Governor appointed to organize the Territory under the
provisions of the bill, arriving in the latter month. So soon as it was
ascertained, by rumor, that he had arrived (for he never in any way made it
public), it was presumed that he would immediately order the census of the
Territory to be taken, an election for members of the Legislative Assembly to be
held, and call them together at once, so that laws might be enacted for the
preservation of the public peace and weal. But what was the course pursued by
that official? The citizens of our Territory received him with open arms, and
even in Missouri, the State bordering on our line, he was tendered a supper on
the day of his arrival, to enable him to meet with the distinguished gentleman
of that section of Missouri, together with the private citizens of the vicinity.
Received thus frankly and cordially, both in Kansas and on the border, urged
time and again to provide for the election of a Legislature - the people knowing
of no laws in force. and the Governor, having no settled opinion upon the
subject. appointing Justices of the Peace in various sections of the Territory,
some of whom enforced the Pennsylvania, some the Ohio and some the Missouri
code, acting, as a matter of course, under his instructions - still with all
these various imperative necessities urging his compliance, he heeded them not,
but assumed himself to act as the law-making power, by prescribing the various
codes above, and usurping the powers of the judiciary in issuing the writs, and
sitting as an examining court upon a charge of "assault with intent to kill,"
the prisoner being at the time incarcerated within the walls of a prison, and
before discharging him demanding his recognizance, which was taken however by a
Judge whose district had, as yet, not been assigned him. In the midst of all
this confusion, turning coolly from those who had thus warmly welcomed him,
associating with those only from one particular section of the Union, persisting
in not adopting that course which alone could produce order from this chaos, it
is not singular that loud complainings should be heard, and that sinister
motives should be attributed to him for his conduct.
The Governor then commences his course of speculation, beginning by arraying
himself directly in opposition to the opinions of the General Government, as
expressed by the Attorney General in relation to Delaware lands, by purchasing
property on those lands, and stating that the opinions of the law officer of the
General Government were incorrect, and of no force if correct, thus setting an
example of insubordination to those less informed, and which may end in a
conflict between the people of this Territory and the General Government, unless
the rights of the squatters on those lands are recognized in conducting the
sales of them. He then commences a tour of observation through the Territory for
the ostensible purpose of preparing for a census, etc., but which from his
subsequent conduct, proved to be only one of speculation, for he was known to be
a large shareholder in many of the various town companies throughout the
Territory. Finally, in the month of February, when the snow was some two feet in
depth, he ordered a census to be taken (the herculean task which had so much
alarmed him), and it was so taken in about three weeks, under the unfavorable
circumstances above stated.
A proclamation was then issued for an election of members to the Legislative
Assembly to be held on the 30th of March, 1855, said proclamation containing a
section claiming by the Governor the right to decide contested elections,
thereby virtually claiming the right to override the will of the people, as
expressed through the ballot box, and to fill the Legislature with whomsoever he
chose - virtually disfranchising every man in Kansas Territory, and also
enacting a Maine Liquor Law, by providing for the destruction of liquor under
certain circumstances. After the contest was over, and the result known, he
delayed the assembling of the body until the 2d day of July, more than three
months afterward, and that, too, when the whole Union was convulsed on account
of alleged outrages in Kansas Territory, and yet no law for the punishment or
prevention of them. When at last they did meet upon the call of the Governor, at
a point where they had previously in an informal manner protested against being
called, with an avowal of their intention to adjourn to the point at which they
are now assembled, for the reasons that the requisite accommodations could not
be had; where there were no facilities for communicating with their families or
constituents; where they could not even find the common food to eat, unless at
an enormous expense, there being no gardens yet made by the squatters; where the
house in which we were expected to assemble, had no roof or floor on the
Saturday preceding the Monday of our assembling, and for the completion of which
the entire Sabbath, day and night, was desecrated by the continued labor of the
mechanics; where at least one-half of the members, employes and almost all
others who had assembled there for business or otherwise, had to camp out in
wagons and tents during a rainy, hot season, and where cholera broke out as a
consequence of the inadequate food and shelter, and where under all these
circumstances of annoyance, they finally passed an act adjourning to this point,
where ample accommodations are provided, and where the Governor himself had
previously made it the seat of government, they were met by his veto, which is
herewith transmitted. The bill was reconsidered by the House in which it
originated, and passed by the majority prescribed by the organic act, then acted
upon by the other House, and also passed by the same prescribed majority - a
copy of which proceedings is herewith transmitted. Upon our assembling at this
point. in accordance with a concurrent resolution passed as contemplated by the
law, transmitted to you, we passed various bills, which were sent to the
Governor for his approval. On the 21st of July, he returned the bills with his
objections to signing them (all of which we herewith transmit), addressed to the
"House of Representatives of Kansas Territory," and "to the Council of the
Territory of Kansas," respectively - by which he assumes that we are not the
"House of Representatives of Kansas Territory," nor the "Council of the
Territory of Kansas," which to say the least of it, is a glaring inconsistency,
yet not more so than the rest of the document, which you will perceive by
reading the points made by him. We will briefly state them, without an argument
to show their utter fallacy, so shown by himself as we are confident that you
will perceive them at a glance. One point is that Fort Leavenworth is the seat
of government, made so by the organic act, that a law passed anywhere else than
at the seat of government would be illegal.
That he had the right to call the Legislature to meet at a point not the seat of
government (that is, Pawnee), and that laws enacted there (though not the
seat of government) would be legal, thereby destroying the preceding
proposition.
That we could have passed an act at Pawnee, though not the seat of government,
and therefore illegal, establishing a permanent seat of government, and by an
ILLEGAL ADJOURNMENT - because passed at a point not the seat of government -
have met at such permanent seat of government, and there have made legal and
binding statutes; or, by the same ILLEGAL process have adjourned to Fort
Leavenworth, the seat of government, and there have made legal and binding
statutes.
We would respectfully represent that if the above are the honest opinions of
Governor Reeder, you must admit his utter incompetency to discharge the high
duties imposed upon him, and he should be removed. If they be not his
honest opinions, then he is acting with the sinister design of defeating the
whole object for which we are assembled.
If he believes that Fort Leavenworth is the seat of government. and that laws
passed anywhere else than at that point would be illegal and void, then to call
us to Pawnee to legislate is a willful, deliberate and base attempt to render
all our acts, of whatever character, wholly illegal and void, because, by his
own showing, Pawnee is not the seat of government, and acts passed anywhere else
than at the seat of government are of necessity void, and for which he should be
removed.
We will not proceed further with this, but will simply aver that, from the
action of Congress, Fort Leavenworth is not now the temporary seat of
government. The bill provides, in the 31st section, that Fort Leavenworth shall
be the temporary seat of government, and that such buildings as may not be
needed for the purpose of the military shall be used by the Governor and
Legislative Assembly. A subsequent clause of an appropriation bill provides for
the appropriation of $25,000 to be expended upon the contingency, or rather the
appropriation made upon the contingency, that the requisite buildings could not
be obtained from the military or War Department.
That appropriation having been made and paid over, proved conclusively that the
contingency mentioned has arisen, and that the buildings are refused. A
subsequent appropriation made on the 3d of March, 1855, provides that the sum of
$25,000 be appropriated, and that, in addition to the amount already
appropriated, shall be expended in making suitable buildings at the permanent
seat of Government. Now, if Fort Leavenworth is the seat of government and the
place for the Legislature to meet and transact business, then this absurd
consequence follows: That they must meet and transact business at Fort
Leavenworth; that they shall not use any of the buildings already erected there;
and that they shall not have any of the money to erect other buildings which
could be occupied.
Now, as the law never contemplated an absurdity such as this, forcing a
Legislative Assembly, even though composed of squatters, to meet out of doors,
and forbid their erecting houses, we infer that the 31st section of the bill is
virtually repealed; and having no seat of government created by competent
authority, the selection of the point for the temporary seat of government
legitimately belongs to the Legislative Assembly whenever and wherever convened.
And we further submit that, according to the spirit and letter of the law, we
have that right, even if Fort Leavenworth be the seat of government. We submit
that as all government is for the good of the governed, and as this is one of
the legitimate subjects of legislation vested in the people of every State in
the Union, and as there could have been no intention on the part of the wise and
good men who framed this bill, when they fixed the seat of government
temporarily, to have done so other than for the comfort and convenience of the
sovereigns; that they never intended to fix an arbitrary rule which the people
could not alter, if found convenient; that it was more a permission
granted by Congress that we might have the use of those buildings or sit at
that point than a command that we should not select another point, if
more desirable.
We will and do further represent that the position assumed by the Governor is a
despotic and tyrannical one, calculated to lead to the worst consequences if he
is not forthwith removed.
Already threats in advance have been made that no respect will be shown to any
act passed by this Legislative Assembly, whensoever and wheresoever such act or
acts may be passed. Several papers in the Territory boldly advocate this
position. A man professing to have been elected to this Legislature (M. F.
Conway), who afterward tendered his resignation, advocates this doctrine of
resistance. The Governor is, and has been, on terms of intimacy with these very
persons; and with him as their leader, they may be led to the commission of acts
which will inevitably result in widespread strife and bloodshed.
Now, we submit that the course pursued by the Governor is unwarrantable and
factious, even if he be right in the opinions advanced, that our acts are
illegal and void. The courts are the tribunals to decide this issue, and no man,
Governor or private citizen, has a right to set the laws at defiance, even if
unconstitutional and void, until so decided by the proper courts.
This principle is so well understood that we are not prepared to imagine that
Gov. Reeder is ignorant of it, even taking his own arguments as an index of his
intelligence; and there must be a willful and base design to lead the less
informed into the commission of treasonable acts, for which he should be
removed.
In conclusion, we charge the Governor, A. H. Reeder, with willful neglect of the
interests of the Territory; with endeavoring by all the means in his power to
subvert the ends and objects intended to be accomplished by the "Kansas and
Nebraska Bill"; by neglecting the public interests and making them subservient
to private speculation; by aiding and encouraging persons in factious and
treasonable opposition to the wishes of the majority of the citizens of the
Territory and the laws of the United States in force in said Territory; by
encouraging persons to violate the laws of the United States, and set at
defiance the commands of the General Government; by inciting persons to resist
the laws which may be passed by the present Legislative Assembly of this
Territory; and, finally, by a virtual dissolution of all connection with the
present Legislative Assembly of this Territory.
For these, and many other reasons, we respectfully pray Your Excellency to
remove the said A. H. Reeder from the exercise of the functions now held by him
in said Territory; and represent that a continuance of the same will be
prejudicial to the best interests of the said Territory. And as in duty bound,
we will ever pray, etc., etc. |