State Gazette. (Austin, Tex.), Vol. 7, No. 36, Ed. 1, Saturday, April 26, 1856 Page: 2 of 4

                                
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ffimcnxjtmA
5BfiS--i5tii dfAHTUfit. Cirronwr Keederad-
saBMSSi- tiA fen Tlpnirtfiieflt F eiatc.-ac-
iAiiirmlfri.il BM4! vV F'V - --- -
?-!! . il. rMAkitif ttf a tfommoBiouoC!
aawr iac avw- - - - .
IlrlPwe?fe was notified t In come-
" JgaarV J-""- Governor Bceder'sj purchase
l?2twriw.l ?aaa. and -"wore espca-
StaB. to IWf dfl-jy :
&-wrep6rtihrJy u Tw taw wawmrftlie
fSik&e sMeBiWr ? Twriwij to meet at
oh f the pUee referred to. denominated in
srwjroSoki proclamation 'I'awbc City' I hate
lWrcfere btbe direction of the President to
isoiHr jv& thai war function and authority a
jMYMpac of thTerritory of Kansas arc hereby
Oftth lGlfaof August thejouraal of the haw
afareretBteil y: .  r
'"rhs 'fettewtefc message was received from
W&1.E Reeder. by Mr. Lowry Iris pri-
vate Secretary;
"To &jko9ttMiht wessfer of the Council and
Jf Sue y Jhprtttnlatiret of iht Territory of
Jieenu :
3cmEJVHSt Although in ray taeseage to
:-r bodies under date of the 21st instant fultl
Iftxted that I was unable to convince myself of
the Iepiiry nx your session ai mis piace ior rea-
sons then given and although tbat opinion still
remain nacbang ed yet. inasmuch ai tnv reasons
were not satisfactory to your body and the bill
1passed by yonr houses bavo been up to this time
'sent to me for approval it is proper that I should
inform yon tbat nfter your adjournment of yes-
terday I received official notification tbat or
f MCtioni as governor of the Territory of Kauea's
Secretary Woodson will of course perform the
dalles ol the omce as acting governor.
"A. H. REEDER."
Inasmuch a Governor Reeder dissolved his
officiil relation with the legislature and denied
the validity of tbeir act solely upon the ground
tbat they were enacted in the wrong place it be-
come material to inquire whether it was com-
petent for them under tha organicact to remove
the seat of government temporarily from "Paw-
nee City" t the Shawnee .Mission. The 24th
section of the organic net provide "that the le-
gislative pc-wer of the Territory shall extend
to all rightful subjects of legislation consistent
with the constitution of the United States and the
provision of this act"
That the location of the eat of government
and the changing of tbc same whenever the pub-
lie .Interests and convenience may require it is a
rightful subject of legislation" is too plain to
.admit of argument; hence the power i clearly
Included in this general grant and may be exer-
cised at pleasure by the legislature unless it
shall be made to appear tbat Congress by come
other provision has imposed restrictions or con
diHons upon its exercise.
4Thi thirty-first section of the organic act pro-
VMM "that the temporary seat of government of
itla territory is Hereby located at J: ort .Leaven
worth; end that such portions of the public bull
ding a may not be actually used and needed for
military purposes may oo occupiea. nnu useu.un
under the direction of the governor and legisbv
uve. Msembiy ior sucu putuic purposes as may
e requires under toe provisions ot uns act; ' and
the twentyecond section of the same act pro-
vide that "the persons thus elected to tho Iegis-
lafivejwsemlly shall meet at such place and on
sucu day as the governor shall appoint" for the
first meeting. These two provisions being parts
of ibejtame act and having reference to the-same
subject-matter must be taken toother and re
ceive sucn a construction as wiu e juii eiioct
to each and not render either nugatory. While
therefore the governor was authorized to con-
vene the legislature in the first instance at such
place as lie should appoint still be was required
by that provision which made Fort Leavenworth
the temporary seat of government with the view
of using some of tho public buildings to desig
uete as the place some one of the public buil-
dings within the military reservation of Fort
Leavenworth. TJad not 'Congress in the mean
time Interposed and changed the law as hero
presented tho governor would not have been au-
thorized to have convened tho legislature at
"Pawnee City" or at any other place in tbcTer-
ritory than some one of the public buildings at
Foft Leavenworth as provided in tho organic
act
In view of the fact that tho Secrctanr of "War
had intimated an opinion that all of the public
buildings at Fort Leavenworth wore needed for
military purposes and that tho location of tho
seat of government even temporarily within the
lines of a military reservation where the milita-
ry law must necessarily prevail would bo incon-
venient if not injurious to tho public service tho
follawimr nrorision was adoDtod intheannrnnria-
tion bill of tho 5th of August 1654 for the pur-J
iub vi i-ueuuu iuu gureniur 10 creci ouiiaings
for the temporary eat of government at somo
more suitable and convenient point in the Terri-
tory! "That in the event that tho Secretary of War
shall deem it Inconsistent with tho interest of tho
military service to furnish a sufficient portion of
the military building at Foit LeaveHnorth for
tbc use of tho Territorial government of Kansas
thesmn of twenty-five thousand dollar shall be
and in that contingency is hereby appropriated
for the erection of public buildings for tho use of
tho legislature of the Territory of Kansas to be
expended under tho direction of tho governor of
saidTcrritorr." '
Under this provision lnkcn in romip-vinn with 1
that clsuto of the organic act which authorized j
inegovernor to conveno tho legislature at such
place as ho should appoint ho would have had
the right to establish tho temporary seat of go-
vernment and erect tho public buildings at Paw-
neojDity or any other place he might have selec-
tedtn tho Territory instead of Fort Leaven-
worth but for the fact that on the 3d of March
1653 and before any portion of tho money had
been expended or even tho sit selected Con-
gress made a further appropriation of twentv-
nve tnousaud dollars Tor public buildings with
tho proviso "that said monev or any part there-
of orany portion of tho money heretofore ap-
propriated for this purpose shall not be expend-
ed until tho legislature of said Territory shall
have fixed by law the permanent seat of govern-
ment" This provision did not confer upon tho
legislature any power in respect to the location
oi tne seat ol government either temporarily or
iiciuumcuuj uicu it uiu not previously possess;
lor the general grant extending to all "rightful
sabjects of legislation" necessarily included tho
rjghtto determine tho place of holding its ses-
sions. The object as well as legal effect of this
provision mi to restrain ihe governor from ex-
pending the appropriation nntil the voice or the
people of Kansas should be expressed through
their legislature in the selection of the place;
leaving the governor to perform hi whole dutv
under the Sid section of tho organic act Ivan"
pomting the place ana day of tho first meeting of
the legislature and of expending tho money ap-
propriated by Congress for the erection of public
bUUdinrs.it such dIsca thn liwriLtm .Vn. .i
igBstofrtho permanent seat of government of
Under this view of the subject it is evident
ulT uilT cimed with legitimate
m Jsontr to enact the law in obedience to which
Uisionw adjourned from Pawnee City to
BmteVumm i and that it enactments made
veMitj that they would have possessed h&dnot
the-resiovtl taken place.
Those who sees to find uim ... a
un which to destroy the validity of the fegtsla-
5!???aatLy cannotV
a7'-rrirxTw7 !
The second article grantedjfcc house la which
tbesJc3sTa$Sc$iisensahc
the lnd upon which the hoaso stood to the Ses-
sionary society of the Methodist Episcopal Church
South In thc words :
"Of the land lying cast ot tne parallel line
tio8stEor upon the absence of legal authority to
ttallata to remove the trnVRomtSrS
Salter theaiMlres that thev have recently discov-
ewffcnew Jict which will extricate them from
difficulty tndcnabh them to accomplish
tfcw purpose. It is that by the treatieTof PNo-
Tmber71IS25aaaofWst 8 ifflM t
SE&SZSrL'Z 0h& a. of
itha the bouads or any State or Territorv nor
Khlectte the law thereof" and thaTthe1 19A
a K the Kacsas-Kebrashaact provide that
tofedade any territory which by treatv witt
W?to-J? jBda!cd t the territorial
tatt vrjumsdichoa of any State or Territorv-
fih territory shall U excepted "nTSe
i " titate no part of the Terri-
SS.5SS" P0B ofthSe
SSliSLS&J!? of Con-
a33Sfflsrjtt
dbi itiSSrJS?! Plce where the le-
SSla-SKaBSSK
anr cxv
itoiaurraL that. XiS&& .Sedon
afsssssLsssi
'proper to call the
act record
Har.JS5(c
if !. TL"---
sct.1 a-treaH-.w".ylT.1u"JC-
Ia. teikafinfaato rfSJiTSl?"
grate to ttea fey the said treati tJ ao s i
1SS1 were cedei to taeiJcdllf B-na
Wfaterjm.iacluded withiaXjUt
f&s5
aforesaid there shall first be set apart to the
musionarv tocietr of the Methodist EnUconal
Church South to inrlude the improTemcnts of
tho Indian manual-labor school three sections of
land; to the Friends' Shawnee labor school in-
cluding the improvements there three hundred
and twenty ecrcs of land; and to the American
Baptist Union to include -the improvements
where the superintendent of the schoolTsow re-
sides one hundred and sixty acres of land ; and
also fire acrcof land to the Shawnee srethodist
Church including the mceting-houta and grave-
yard ; and two seres' of land to the Shawner Bap-
tist Church including the meeting-house and
grave-yard."
The othrrarticlpsfof the trcatv provide for the
survey of theselandir and fofgraatirig two hun-
dred acres to cach'Shawnee'Indian to be held as
private property subject to such conditions as
Congress should impose and recognise the right
of the legislature to lav out roads and public
highwav across the Indian lands on the sarao
term n the law provides for tbeir location
through the land of citizens of the United States.
The Bev. Thomas Johnson who was president
of the Kausas legislative council and also agent
of the missionary society of tho Methodist Epis-
copal Church to which the lands and improve-
ment belonged authorized the legislature to uso
and occupv such portions of the buildings or
which he "held the lawful possession as they
should find convenient in the exercise of their
legislative functions.
Upon a careful review and examination of all
tho facts laws and treaties bearing upon the
point your committee are clearly of the opinion
!t.. k Ri.strnffA manual-labor school was a
place to which the legislature might lawfully ad-
journ and enact valid laws in pursuance of the
.; nxfiir th Territory.
We do not deem it necessary to inquire into
the expediency of the removal of the scat of go-
vernment for tho reason that it cannot afTect tho
validity of the legislative proceedings. It is suf-
ficient to state tbat the reasons assigued by tho
governor against tho expediency of tho measure
were: first "tbo loss of time (more valuable be-
cause limited) which our organiclawallots to tho
legislative session ;" and secondly "because it
will involve a pecuniary loss iu view of tho ar-
rangements which have been made at this place
for our accommodation." As an ofTset to the un-
fortunate circumstance that the people of Kan-
sas would bo deprived for the period of ten days
of all tho advantages and protection which were
expected to result from tho wholesomolaws which
the governor had recommended them to enact
upon all rightful subjects of legislation and to
the pecuniary loss which would bo sustained in
consequence' of the removal from Pawnee City
the members of the legislature in thcirmemori-
al to iho President of the United States asking
him to remove tho governor stato their reasons
as follows for the allegation that there was an
unnecessary loss of three months' timo after tho
election in convening the legislature and that
Pawneowasnotasuitableplaceforthemtomaet:
"After the contest was over and the result
known ho delayed the assembling of the body
nntil the 2d day of July more than three months
afterwards and that too when the whole Union
was convulsed on account of alleged .outrages in
Kansas Territory and yet no law for tho punish-
ment or prevention of them. "When at last they
did meet upon tho call of the governor at a point
where thev had previously in an informal man
ner protested against being called with an avow-
al of their intention to adjourn to the point at
which they are now assembled for tho rensons
that tha requisito accommodations could not be
had; where there were no facilities for commu-
nication with theirfamiljes or constituents; where
thev could not even find the commonest food to
eat unless at an enormous expense (here being
no gardens yet made by the squatters; where
the house iu which wo were expected to assem-
ble had no roof or floor on the Saturday prece-
ding tho Monday of" our assembling and for the
completion of which the entire Sabbath day and
night was desecrated by tho continual labor of i
the mechanics ; where at least one-half of the
members employees and almost nil others who
had assembled there for business or otherwise
had to camp out in vngons and tente during a
rainy hot season and where cholera broke out
as a" consequence of tho inadequate food and
shelter; and when under all of theso circum-
stances of annoyance they finally passed an act
adjourning to this point Shawneo manual-labor
school where ample accommodations are provided
and where the cavernor himself had previously
made it the seat of government tbey wore met
by his veto which is herewith transmitted"
Your committee have not considered it any part
of their duty to rxamino and review each enact-
ment and provision of tho largo volumo of laws
adopted by the legislature of Kansas upon almost
iac nearly every relation and interes't inlifo with
a view either to their approval or disapproval by
Congress for the reason that they arc local laws
confined in tbeir operation to the internal con-
cern of tho Territory tho control and manage-
ment of which by the principles of the federal
constitution as well as by-the very terms of the
Kansas Nebraska act are confided to tho people
of the Territory to bo determined by themselves
through theiv- representatives in their local legis-
lature and not oy tho Congress in which they
have no representatives to give or withhold their
assent to tbo laws upon which their rights and
liberties may all depend. Under these laws
marriages have taken place children have been
Horn ueatlis uave occurred estates navo been
distributed contracts have been made and rights
have accrued which it is not competent for Con-
gress to divest Jf thcra can be a doubt in re-
spect to the validity of theso laws growing out
of the alleged irregularity of the clecon of the
members of the legislature or the lawfulness of
tho placo where its sessions wero held which it
iscompetent for any tribunal to inquire into
with a view to its decision at this day and after
tko series of events which have ensued it must
be a judicial question over which Congress can
havo no control and which can be determined
only by the court of iustice under the protec
tion and sanction of tho constitution.
When it was proposed in tho last Congress to
annul the acts of the legislative assembly of Min-
nesota incorporating certain railroad companies
this committeo reported acainst tho nrooositinn.
and instead of annulling the local legislation of
tno iemtory recommended the repeal of that
clause of the organic act of Minnesota which re
serve to Congress tne right to disapprove its
laws. That recommendation was based on the
theory tbat tho people of the Territory being cit-
izen of tho United State wero entitled to the
privilege of self-government in obedience to the
constitution ; and if in the exercise of this right
they had made wiso and juBt laws they ought to
bo permitted to enjoy all tho advantages resulting
from them; -while on. tho contrary if they had
madeunwise and unjust laws they should abide
tno consequences of their own acts until they dis-
covered acknowledged and corrected their er-
ror. It has been alleged that gross misrepresenta-
tions have been made in respect to the character
oi tne iaw enacted oy tne legislature ot Kansas
calculated if not designed to prejudice tho pub-
lic mind at a distance. againBt those who enacted
thehi and to create the impression that it was tho
duty of Congress to interfere and annul them.
In view of the violent and insurrectionary mea-
sures which "wero being taken to resist the laws
of the Territory a convention of delegates re-
presenting almost every portion of the Territory
of Kausas wa held at the city of Leavenworth
on the 14th of November 1S55 at which men of
all snades ot political opinions "Whigs Demo-
crats Pro-slavery men and Free-State men all
met and harmonized together and forgot their
former differences in the common danger that
seemed to threaten the peace good order and
prosperity of this community." This convention
wa presided over by the governor of the Terri-
tory assisted by a majority of tho judges of tho
supremo court; sad the address to the citizens
of tho United States among other distinguished
names bears tho signatures of the United States
district attorney and marshal for the Territory.
It i but reasonable to assume that the inter-
pretation which theso functionaries have given to
the acts of tho Kansas legislature in -this address
will be observed in their official exposition and
execution of the same. In reference to the wide-
spread perversions said misrepresentations of
those laws this address savs :
-
"The laws passed by the legislature have been
most grossly misrepresented with Ujo view or
prejudicing tho public agaiast that body ana as
an excuse for the revolutionary movements in
this Territory. The limits or this address will
not permit a correction or all theso misrepresen-
tetjon; but wo will notice some oflhemthat
have had the most wide-spread circulation.
"It has been charged and widely circulated
that the legislature in order to perpetuate their
rule bad passed a law prescribing the qualifica-
tion or voters hy which it is declared 'that anv
ono may vote who will swear allegiance to the
fugitive slave law the Kansas and Nebraska till
and pay one dollar. Suchis declared to be the
evidence or citizenship sneh the qualification or
voters. In Teply to this we say that no such
law was ever passed by tho legislature. Thelaw
prescribing tho qualification of voter expressly
provide thai to entitle a person to vote he must
betweaty-cneyeariofage.an actual inhabitant
of thi Territory and of the county or district
.in which he offer to vote and shall havepaid
a Territorial to?. There i no law xequiringhim
to pay a dollar-tax a a. qualification to vote. lie
must pays tax iti.true.andihisis bv nn means
'aatmuEual TeqUirenient lnrthe States ; but wheth-
? taxi levied on hispersonalorrealprb-j
T
' h '
pertv. his monev aj. Tntoreat. or- aa poll-tax
"make nbifferehcethdiaytatorShrTcrri-
terial tax entitles the person to vote provided he
ha the other qualifications provided by law.
The act seems to be carefully drawn with the
view of excluding all illegal and foreign votes.
The voter must be an inhabitant of the Territory
and of the county Or district in which he offer to
vote and must have paid a Territorial tax. The
judges and clerks are required to be sworn and
to keep duplicate poll-boxes; and ample provis-
ion is made fur contesting ejections awl purging
the poll or all illegal vote. It is difficult to ec
how a more guarded law could be framed for the
purpose of protecting the jiuritj f electionsand
the saucf ity of the ballot-box. The law does not
require the voter to nvear ti support the fugi-
tive slave law or the Kansas and Nebraska bill
unledbc is challenged; in that case he is requi-
red to take an oath to support each of these law.
As'to the dollar law (so called) it is merely a
poll-taX-and has no mure connexion with the
'right of suffrage than anyotber tax levied by tho
Territorial authority and i to be paid whether
the partv vote or not It is a mere tcninorarv
measure having jio force beyond thii. year and
was resorted to ns such to supply the Territorial
treasury with the necessary means to carry on the
government.
"It has also been charged against tho legisla-
ture that they elected all of the officers of the
Territory for six years. This it without any
foundation. They elected no officer for sixyears;
and the onl; civil officer they retain the election
of that occurs to cs at present are the auditor
and treasurer of state and the district attorneys
who hold their offices for four and not six years.
By the organic act tho commissions issued by the
governor to the civil officers of the Territory all
f mired on the adjournment of tho legislature.
To prevent a failure in tho local administration
and from necessity the legislature made a num-
ber of tenmorarv appointments such as probate
judge and two county commissioners and a sher-
in I . .......a... PI. a n.nt.bla l M.-1.TA otH ..fit
III fll fJl(Il UlUULT.. 1UU U UIUIV UU IIUU VUUU'
tv commissioners constitute the tribunal for the
transaction ol county uusmesa ami are i:ivesicu
with the-oowerto appoint iuBticea of the peace
constables county surveyor recorder and clerk
&c Probatcjudgescountycnnimi3sionerssher-
ifik &c are all temporary appointments and
are made elective by the people at the first an-
nual election in 1S57. Tho legislature could not
have avoided meeting some temporary appoint-
ments. No election could have been held with-
out them. There wereno judees justices of the
peace or other officers to conduct an election of
any hind until appointed by tho legislature. It
was the exercise ot a power wmen tne nrsi le-
gislative assembly in every Territory mut ofne-
cessitv oxercisel in order to put the local go-
vernment in motion. We seo nothing in this to
justify revolution or a rosort to force. Tho law
for th'c protection of slave property has also been
much misunderstood. The right to pass such a
law is expressly stated by Governor IJeederin
his inaugural message in which he says: 'A Ter-
ritorial legislature may und( notedly act upon the
question to a limited and partial extent and may
temporarily prohibit tolerate or regulate slave-
ry in the Territory aiid in an absoluto or modifi-
ed form with all the force and effect of any other
legislative act binding until repealed by the same
power that enacted it.' Thoro is nothing in tho
net itself as has been eharged to prevent a free
discussion of tho subject of slavery. Ita bearing
on society its morality or expediency or wheth-
er it would be politic or impolitic to lmtke this a
slave State can bo discussed here as freely ns in
any State in this Union without infringing any of
the provibions of tho law. To den- tbc right of
a persou to hold slaves under tlic law in tins Tcr-
no restriction to tho discussion of the slavery
question in any aspect in which it is capable of
being considered. Wo do not witli to be under-
stood ns approving of nil thn laws pss.sed by the
legislature ; on tho contrary we would state that
there are some that wo do not npprovo of and
which arc condemned by public opinion here
and which will no doubt bo repealed or modified
at the meeting of tho next legislature. But this
is nothing morp Jhan what frequently occurs
both in the legislation of Congress and of the va-
rious State legislature. The remedy for such
evils is to bo found in public opinion to which
sooner or Inter in a government like ours all
laws must copform."
A fnv dnys after Gpvernor feeder dissolved
his official relations with the legislature on ac-
count of tho removal of the seat of government
and whilo that body w;i3 still in session a meet-
ing was called by "many voters" to assemble at
Lawrence on the 14th or 15th of August 1855
"to take into consideration the propriety of call-
ing a Territorial convention preliminary to the
formation of a State government nnd other sub-
jects of public interest." At that meeting tho
following preamblo and resolutions were adopted
with but one dissenting voice:
"Whereas the people of Kansas Territory havo
been since its setfluuienr and now are without
any law-making power : therefore
"Be it Rcsotrcd That we the people of Kan
sas Territory in mass meeting assembled irre-
spective of party distinctions influenced by a
common necessity and greatly desiious of pro
moting tho common good do hereby call upon
and request all lona-Jiilo cififecus of Kansas Ter-
ritory of whatevor political views or predilec
tions to consult together in their respective elec-
tion districts and. in mass convention or other-
wise elect three delegates for each representa-
tive of the legislative assembly by proclamation
of Governor Rceder of dutu 10th March 1855 ;
said delegates to assemblo in convention at the
town of Topeka on the 19th day of September
1855 then aud thero to consider and determine
upon all subjects of public interest and particu-
larly upon that having referenco to tho speedy
formation of a State constitution with an inten-
tion of an immediate .tpplication to be admitted
as a State into tho Union of the United States of
America."
This meeting so far as your committeo have
been able to ascertain was the first step in that
scries of proceedings which resulted iu tho adop-
tion of a constitution and State government to
be put in operation on the 4th of tho present
month in supervision of the Territorial govern-
ment established under the authority of Congress.
The right to set up the Stato government in defi-
ance of the constituted authorities of the Terri
tory is basted on the assumption "that the people
of Kansas Territory havo been since its settle-
ment aud now are without any law-making pow-
er;" in tho face of the well known fact that the
lerntonai legislature wero tnen in session in
pursuance of the proclamation of Gov. Boeder
aud tho organic law of tho Territory. On the
5th of September a "Territorial delegate conven-
tion" assembled at the Big Springs "to take into
consideration the present exigencies of political
affairs" at which among others the following
resolutions were adopted :
"Uesoletd That this convention in view of its
recent repudiation of the acts of the so-called
Kansas legislative assembly respond most hearti
ly to the call made by the people's convention of
the 14th ultimo lor a delegate convention of tho
people of Kansas to be held at Topeka on tho 19th
insiaui iu conswei iuo propriety oi mo I urina-
tion of a State constitution and such matters as
may legitimately como before it.
"Resolced That wo owo no allegiance or obe-
dience to the tyrannical enactments of this spuri-
ous legislature ; that their laws have no validity
or binding force upon tho people of Kansas ; and
that every freeman among U3 is at full liberty
consistently with his obligations as a citizen and
a man to defy and resist them ir he choose so to
do.
"Rcsohtd Tbat we will endure and submit to
theso laws no longer than the best interests of the
Territory require aB tho least of two evils and
will resist them to a bloody issue as soon as wo
ascertain that peaceable remedies shall fail and
forcible resistance shall furnish any reasonable
prospect of success ; and that in the meantime
wo recommend to our friends throughout the Ter-
ritory the organization and discipline of volunteer
companies and tho procurement and preparation
of arms.'
Ti '. . ..- 1 .. .li.'it. imm
MSiSISJS' v.
-ri1":
imcntuij
fKKRSSKHKnHirnti:
"In witncM whereof Avo-oavetiereuniu ec
handsthi sixteenth day of August one thousand
cfebthundredand fifry-fiv .
"Grand General.
J. IL G00D.W1N
"Grand Quartermaster."
Tbcconsiitutlon-coniist or six articles regu-
lating tho organization r the "Grand Lncapp-
ment" which i "composed t.r rcprekcntature
elccted from each subordinate regiment existing
in the Territory as hereafter provided. The of-
ficer i-f the Grand Encampment ball consutof
a Grand General Grand Vice General Grand
Quartermaster Grand Paymaster Grand Aid
two Grand Sentinels and Grand Chaplain
"The Grand Encampment shall make all nom-
inations for Territorial officers at large aud im-
iEcdiatelv.after such nomination-) shall have beoa
made the Grnud General shall con-municate tho
rinH: fn rrarv reffuuent in the Territory."
The officer of the "Gn.i.XD EscAJirMiarr"
are Grand General Rev. G. . Hutchinson i.aw-
Gra'ud" Vice-General C. K. Holiday Topeka
K T
Grand Quartermaster. J- K. Goodwin Law
rence h. J.. . ..' i -r
Grand Paymaster Charles Loib.-IL D. Leav-
enworth city K. T.
By "the constitution" of the -subordinate en-
campment" "the officers nf each subordinate re-
giment shall consist or a colonel a lieutenant
colonel a quartermaster aid and two sentinels.
The regiment located in each and every election
district shall make nominations for all candidates
for offices in their Tespectivo districts; butwhero
there shall be two or more regiments iii any ono
election district of whatever kind theJ nomi-
nations shall be inadu by delegates from the re-
spective encampments within said district."
The "ritual" continues tho order of business
and modes of proceeding in the subordinate en-
campment under tbc following heads:
1st. Rcadiugtbc minutes by the quartermaster.
2d. Proposals for new recruits.
'3d. Voting for some.
4th. Initiation of recruits.
5th. Reports of committees.
6th Unfinished business appearing on the min-
utes. 7th. Miscellaneous business.
Sth. Adjournment.
The "opening ceremony" of tjie subordinate
encampments is as follows :
"The colonel lieutenant-colonel quartermas-
ter paymaster aid and sentinels being in their
respective places the regiment Bhall be called
and thus addressed by the colonel :
"Colonel. Fellow-soldiorsin the free-State ar-
my: The hour lias arrived when we must resume
the duties devolving upon us. Let us each with
a heart devoted tojustice patriotism nnd liberty
attend closely to all the regulations laid down for
our government and action; each laboring to make
this review pleasant'and profitable to ourselves
and a blessing to our country. Aid are the sen-
tinels at their posts with closed doors ?
"Aid. They are.
"Colonel. Aid you will now review the troops
in the regiment's passwords.
"Aid. (After examination.) I have examin
ed them personally and find each correct.
"Colonel. I pronounce this regiment ti
and read lor service."
Then follow the process of initiating new re-
cruits who ure properly vouclu d for by members
of tho order the preliminary obligations to ob-
serve secrecy the e.iteehism to which the candi
date is subjected and the explanations of the co
lonel hi respect lo the objects of the order vWuch
aro thus stated :
"First to secure to Kansas tho blessing and
prosperity of being n free Stato ; nnd secondly
to protect the ballot-box from the leprous
touch op uxi'utxctpi.nn men."
Thcsa and all other queatiom being satisfacto-
rily answered tho final oath is thus administered:
"With theso explanations upon our part we
shall ask of you that you take with us an obliga-
tion placiu yourself in tho same attitude as be-
fore. "OW.IGATIOX.
"I . in the most solemn manner
here in tho presence ot Heaven and theso wit
egiment arrayed
..-t-. -i ?-. !... t -i:i..'
one greas ODjecr never swerving ym iuii
pressinKon; as- did'the wise men' who"ff'tIowed'
the star to the raangcr looking back only ior fnah
cucoursgement He counselled that peaceful re-
sistance" ho mado to tho tyrannical aud unjust
laws of the spurious legislature; that appeals to
the courts to the ballot-box aud-to Congress be
made for relief from this oppressive load ; that
violence should bo deprecated as Ion as a single
hope of peaceable redress remainea ; out 11 at
last all these should fail if in the proper tribu-
nals there is no hope for our dearest right out-
raged and profaned - if wo are still to uuffer that
corrupt men may reap harvests watered by our
tears then there is one more chance for justice.
God has provided in the eternal frame of things
redress for every wrong; and there remains to
us still tho steady eye and tbc strong arm and wo
must conquer or minglo the bodies of the op-
pressors with those or tho oppressed upon the
soil which tho Declaration of Independence no
longer protect. But he wasnotat all apprehen-
sive that such a crisis would over arrive. Ho
believed that justice might be found far short of
ko dreadlui extremity; anu utcu suumuuu ap-
peal to arms come it was his opiuiou that if wo
aro well prepared that moment the victory is
won."
In purouauee of the recommendation of the
mass meeting held at Lawrence ou tho 14th of
August anil eudorsed oy the convention nem at
the Big Springs on the 5th and 6th of September
a convention was held at Topeka on the 19th and
20th of September at which it was determined
to hold another convention at tho same place on
the fourth Tuesday of October for the purpose
of forming a constitution aud State government;
and to this end such proceedings were had as were
deemed necessary for giving the notices conduct-
ing the election of delegates making the returns
and assembling the convention. With regard to
tho regularity of theso proceedings your com-
mittee see no necessity for further criticism other
than is to be found iu tho fact that it was the
movement of a political party instead of the
whole body of the people of Kansas conducted
without the sanction of law and in defiance of the
constituted authorities for the avowed purpose of
overthrowing the Territorial government estab-
lished by Congress.
(TO BE CONTINUED.)
mAHSHALXj & OLDHAM Editors.
AUSTIN SATURDAY APRIL. 26 lg56
" ' " ' I-.
DEMOCRATIC TICKET.
ELECTORS FOR STATE AT LARGE
FRANK BOTTDEN W. R. SCURRY.
DISTRICT ELECTORS
A J HOOD A. J. BfABnfcTOBT.
FOR COMPTROLLER
JAMES B. SHAW.
FOR TREASURER
JAMES H. RAYMOND.
FOR ATTORNEY GENERAL
JAMES "mOLXIE.
We are authorized to announce It. T. BROWNRIGG
of Austin as a candidate for District Attorney of the 2d
Judicial District composed of the counties of Bsstrpp
Caldif ell. Guadaloup'o Hays Trayfs Burnett and WUUani-
son at the ensuing August election.
w aro i) nth nriii in .innounce Mai. JAMES S.
GILLETT as a. candidate for tha office of Clerk of the Coun-
ty Court of Travis county. Election en the first Monday In
August next:
gETVe are authorized to announce I. G. L. McGEHEE
of Lockhart as a candidate for District Attorney of the 2d
Judicial District composed of the counties of Bastrop Cald-
well.'Guadaloupe.Hays Travis Burnett and Williamson at
the ensuing August election.
ST" We are auUiorized to announce KISX. II. CHAL-
MERS of Austin as a candidate for District Attorney of
the 2d Judicial District composed of the counties of
Bastrqp Caldwell Guadaloupe Hays Travis Burnett and
Williamson at the ensuing August election.
With the view to a distinct understanding of
tho meaning of so much of this resolution as re-
lates to tho "organization and discipline of volun-
tcer companies and tho procurement and prepar-
ation of arms" it may be necessary to state that
there was at that timo existing in the Territory a
secret military organization which had been
formed for political objects prior to tho alleged
invasion at the election on the 30th of March
and which held its first "grand encampment at
Lawrence February Sth 1855." Your commit-
tee have been put in possession of a small printed
pamphlet containing the "constitution and ritnal
of tho grand encampment and TCgiments of the
Kansas legion of Kansas Territory adopted April
4th 1S53" which during the recent disturbances
m that Territory was taken on tho person of one
George Warren who attempted to conceal and
destroy the same by thrusUng it into his mouth
a4 whng and chewing it. Although somewhat
mutilated by the "tooth nrinrc i;Ut ;t....i
evidence of being a genuine document authenti-
cated b the original signatures of-G. WtHutch- j
msoD graou general ami "J. K. Goodwin grand
quartermaster " On the last page was a charter
oT the Kansas legion authorizing tho satiGeorge
Warren from whose mouth the document was
taken to form a new regiment as follaws t
"Charter ef the Kansas tat.
"United States of America Yf
Territory of Kansas. J
"Know all men by these presents that we the
Grand Encampment or the Kansas Legion .of
Kansas Territory havo created chartered and
empowered and by these presents do create
charter and empower George F. Warren
to be regiment-- Xo.
of the Kansas Legion; and as such they are
hereby invested with all and singular the author-
ity and privileges with which .eachtand even: reg-
nesses 01110 imselt that l will never reveal nor
cause to be revealed either by word look or I
sign by writing printing engraving painting or
in any manner whatsoever anything pcrtaiuing to
this institution save to persons duly qualified to
receive tho same. I wjll never reveal tho nature
of the organization the plapc ofisneeting the fact
that any person is it member of ihe same or even
the existence of the organization except to per-
sons legally qualified to receive tho same. Should
I at any time withdraw or be suspended or ex-
pelled from this organization I will keep this ob-
ligation to the end of life. If any books papers
or moneys belonging to this organizitinn ho in-
trusted to my caro or hooping I will fuithfully
and completely deliver tip tho same to my succes-
sors in office or any ono legally authorized to re-
ceive tlicm. I wijl never knowingly propose a
person for membership in this order who is not
in favor of making Kansas a free State and whom
I feel satisfied will exert his entire influence to
bring about this result. I will support maintain.
and abide by any honorable movement made by
the organization to secure this great end which
will not conflict with tho Jaws of the country and
tho constitution of the United States. I will un
flinchingly vote for and support the candidates
nominated by this organization in preference to
any and all others.
"To all of this obligation I do most solemnly
promise and affirm binding myself under tho nen-
alty of being expelled from this organization of
uaving my name puousiieu 10 iuo several Territo-
rial encampments aB a perjuror before Heaven
and a traitor to my country of passiug through
life scorned and reviled by man frowned on by
devils forsaken by angels aud abandoned by God."
Tho "closing ceremony"' is ns follows :
"ColotteLW Fellow-soldiers: I trust this re-
view has been both pleasant and profitable to all.
Wo met as friends ; let us part as brothers re
membering mat wo sees no wrong to any ; and
our bond of union in battling for the right must
tend to make us bettor men better neighbors and
better citizens. Wo thank jou fur your kindness
nnd attention and invite you all to be present at
our next review to bo holdeu at  on
next at o'clock p. m. Sentinels you will
open the doors that our soldiers may retire pleas-
antly and in order."
Your committee have deemed it important to
give this outline of tho "constitution and ritual
of the grand encampment and regiments of the
Kansas legion" as constituting the scciet organi-
zation political and military.in obedience to which
the public demonstrations havo been made to sub-
vert thonuthority of tho Territorial government
estauusnea oy uongres? oy setting up a stato go-
vernment either with or without the assent of
Congress ng circumstances should determine.
The endorsement of this military organization
and the recommendation by the Big Springs con
vention for "the procurement and preparation of
arms" accompanied witli tne distinct declaration
that we "will resist them tho laws enacted by
the Kansas legislature to a bloody issue as soon
as wo ascertain that peaceable remedies shall fail
and forcible resistance shall furnish any reasona
ble prospect of success" would seem to admit of
no other interpretation than that in the event that
the courts or justice shall sustain tho validity of
those Jaws and (Jongress Bhall refuse to admit
Kansas as- a State with tho constitution to bo
formed at Topeka they will set up an independent
government iu defiance of tho federal authority.
The snme purpose is clearly indicated by the
other proceedings of this convention in which it
is declared that "wo with scorn repudiate the elec-
tion law so called" and they nominate Governor
Reeder for Congress to bo voted for on a differ-
ent day from tbat authorized by law at an elec-
tion to bo held by judges and clerks not appointed
in pursuance of any legal authority and not to be
sworn by any person authorized by law to admin-
ister oaths; and tho returns to be made and re-
sult proclaimed and certificate granted in a mode
and by persons not permitted" to perform these
acts by any Jaw in or out of the Territory.
In accepting the nomination Governor Reeder
addressed tho convention as follows ; and among
other things said:
"In giving him this nomination in this manner
they had strengthened his arms to do thair work
and in return he wonld now pledge to them a
steady unflinching pertinacity of purpose never-
tiring industry dogged perseverance and in all
the abilities with which God had endowed him to
the righting of their wrongs and the final triumph
of their cause. Ho believed from tbo circum-
stances which had for the last eight months sur-
rounded hhn and which at the same time placed
in his possession many fads- aud bound him heart
The Campaign is at Sand !
WITHOUT A
DEMOCRATIC PAPER
SO CLUBS!
We have resolved to reduce our terms to Clubs so that
Democrats in counties where there are no Democratic
papers printed may form Clubs and circulato the Gazette.
TWO DOLLARS PER YEAR EOR THE
WHERE CLUBS SEND US
FIFTEEN SUBSCRIBERS.
Subscription to be paid Invariably in advance.
fS Remit to us directly through the Post-Office at our
RISK.
Our Advo rtiscrs.
0
EtSr" We announce Mr. Chalmers for District Attorney
which should have appeared last week.
Cs?- Henry L. Rankin offers $25 reward for the de-
livery of mules and horses at Rock Island Austin co.
O" Mr. Brady has lost a fine bay horse
reward.
Offers 10
2T Legal notice James Jeffries clerk district court
of Milam connty.
S37" Messrs. Fisk&EzeU are well prepared for carding
wool. They also have connected with this department
a grist mill and furniture skop.
- The great discovery mado byD. O. Gregory M. D.
of LaGrange Texas Is worthy the notice of the com-
munity at large. He has secured a patent for his
invention from the Patent Office Washington City.
"5?Mr. Robertson offers town lots for sale In the
well situated town of Robertson Hill county. Those
wishing to retire into a quiet and healthy portion of the
State ought to be present at the sale.
f The attention of our friends is called to the
large stock of ready made clothing just received by
R. D. Carr & Co. on Congress Avenue. They are able
to please tvery taste from the Broadway dandy to the
plain farmer and to supply every demand wholesale or
retail. We invite the especial attention of all our
friends citizens and visitors to the above unfailing
fashionable clothing depot. When the Legislature shall
convene each member can clothe himself In a handsome
legislative suit fit to adorn the law-makers of Texas.
Carr la one of the most accommodating of men and de-
lights to exhibit his goods.
Tlio District Convention.
Tho time set by tho Democracy for the meet-
ing of this Convention is Satnrday next 3d May
in the city of Austin. 'We are informed that
Guadalupo County has appointed delegates
(Messrs. Haly Rust and Johnson) and that Col-
orado and Haya intend doing the same. Tho
time set will probably be the samo in other part8
of the district
CF Tho Young Men's Democratic Association
met in the New Court room on Saturday evening
last and wero addressed by Messrs. Byrd and
Oldham. The audience were highly gratified and
frequently manifested it by their applause. The
next meeting takes placo on Saturday next the
3d May on which occasion Messrs. Haralson nnd
Moore will address the Association.
Important decision of the United State
Supreme Court.
We publish on our out side an important de
cision in the case of John F. McKinney plaintiff
in error rz. Manuel Saviego and Pilar. It will bo
seen that neither the language of our Jaw of dis.
tribution and descent nor the policy of the Stato
as it may bo discovered from its constitution and
laws authorises in the opinion of the court the
conclusion tbat an alien claiming real property
in Texas can transmit it by descent to an heir who
is also an alien; aud second that the various stipu-
lations of the treaty of Guadaloupe Hidalgo are
Tlif i-rtlll fV A tts m .. j... .3 A T At. .
to&!? -olly inapplicable to persons who before the
their grievances. revolution in Texas had been citizens of Mexico
'He said that day by daj- a crisis was coming and who by that revolution were separated from it.
upon us; war in aiter-times this wonld oeto
posterity a turning-point a marked period as are
to us the opening of the Revolution the adoption
of the Declaration of Independence and the era
of the alien and sedition laws ; that we should
take each carefully so that each Be a step of pro-
gress and so that no violence Ik done to the tie
which binds the American .people together. He
alluded to theunprecedented trrannvunder which
wo arc and have been; nnd gajd that H any one j
supposed that institutions were to be imposed by j
uicunpon a tree ana cmigntencd people tney
neyectnew orhad forgotten tho history of our
fathers. American citizens bear in their breasts
toomtfthof the spirit or ofherand trying days
acJ have lived too long amid tho blessings of lib-
erty to submit in on..: r ......
gf bmL mswf was fit to bo a slave.
StwTrsS tSWS5ta!S'neuvorKansas to for-
JftSPST -MnpunucdeTcrmbedIy the
j W.
-sir.. K
ami'
Tlsc loan Bill. '
Wo publish to-day. on our outside tbo loan bill
as introduced into the Senate by Mr. Palmer of
Houston.
Wo have before our readers the bills of Messrs-
Sullivan Merrick and "Palmer and we propose
publishing also the bill of Mr. Sherwood in order
that every facility may be riven our people to
investigate the subjept dnrinthe adjournment of
111c legislature.
Tlso JLand XScnnu.
We call the attention of Railroad men and cap"
italists to the land .bonus act published in another
column. The acicontemplates the munificent
b6nus of upwards of'a THOUSAND ACRES
'OF HSND t1heTmnef6feach mile of railroad
constructed in TexaL -- . ".-
Tcacaa and tizc Taylqrnnd. yil I more '
w-Hl"'"dmlnIsl'raMo'n'?l'r "" t""r" "'"
We desire to note the fbllowim; to refrc!! the
memory or our people upon a subject which
seems tuhave been brought forward by tho Know-
Nothings to strengthen their claims to tho sup
port or Texas :
"Tho State Times or tho 12th instant com-
ments at some length upon an articlo from the
San Antonio Herald in which tho latter attempts
w ousnvi duauivicituiu iuc Jicicui; auu naiCu
we did not reply to as. in our opinion it did not
touch the point at issue to-wlt: "That Texas
had" in the Herald's opinion "as much right to
claim the samo amount of Territory in tho moon
as tho Santa Fe country." The Times quotes
from Mr. Polk as having said "New Mexico and
Upper California wero among the territories con-
quered and occupied by our forces" etc and
asks how. "if ho considered the Now Mexicau
Territory as rightfully belonging to Texas could
he designato itas a conquered country 1"
In our opiuiou tbat portion of New Mexico
formerly claimed by Texas did not constitute
oue-third of the whole territory of New Mexico
and Mr. Polk in Bpeakingof it might as well have
alluded to the territory lying west of the Rio
Grande. Bo that as it may. wo aro slow to ad.
init that he included Texas or auy portion there-
of in sueakimr of NewMeiicn milfc it vin h
 ... - . -"' -"- w
shown Dy air. .folk's plain language. Seguin
Mercury.
Wo do not know what tho "Heralxl" predicates
its opinion upon. Texas as far back as tho vear
1635 after tho successful battle of San Antonio
asserted her right to the Rio Grande as her west-
ern boundary. Monday laBt was the anniversa-
ry of the battle of San Jacinto a period renown-
ed in the annals of the progress of republicanism.
After that decisivo battle tho Mexican comman-
der entered into a solemn treaty the Sth article
of which declares that tho Rio Grande from its
mouth ou tho western bauk to its headwaters or
source aud from thenco on a line from the prin-
cipal head branch of that source running due
North to tho boundary line of the United States
&b established between Spain and said govern-
ment and subsequently made the treaty or limits
between Mexico and the United States ; and from
this point of intersection 011 tho lino already es-
tablished by former treaties and continuing to the
mouth of the Sabine shall bo the boundarie's of the
Republic of Texas. It is that Mexico true af.
ter receiving all the benefits of this treaty refu.
sod disgracefully to confirm it; but with our own
people there could be no doubt entertained of tho
justness of our claim. In 183G. the fWrn nf
Texas established the boundary linos which sini-
ply carries out the tonus of tho treaty :
"Beginning at the mouth of the Sabiue River
and running west along the Gulf oLMoxico three
leagues from land to tho mouth of tho Rio
brnnde thence up the principal stream of said
river to its source thenco due north to the for-
ty-seconu uegree of north latitude thence aloug
tho boundary line iu defined in the treaty be-
"tween the United States and Spain to the be-
ginning: and that the President bo nudishero-
.. b)' a"tbnrlzel and required to open a negotiation
with the goveqmicpt of the United States of
Amcncq so iWpn i;sin his opinion the public in-
terest requires it to acertni and define the
boundary hue ns agreed upon in said treaty'
HThc treaty of limits between Texas and tho
United States was also subsequently ratified.
In 1836 a joint resolution of the two houses of
tho Texas legislature declared
"That the exclusive right to the jurisdiction
"over the soil included iu the limits of tho late
"Republic of Texan was acquired by the valour
"of the people thereof and was by them vested
"iu the Government of the said Republic ; that
"such exclusive right is now vested in and be-
longs to tho State excepting such jurisdiction
"as is vested in tho United States by the Consti-
tution of the Uuited States and by the joint
"resolution of annexation subject to such rcu-
"lations and control as the government thereof
"may deem expedient to adopt; that wo recog-
"niso no title in tho Indian tribes resident with-
"iu tho limits of tho State to auy portion of tho
"soil thereof; and tbat wo recognise u ri"ht in
"the Governmont of tho United States to "make
"auy treaty of limits with the said Indian tribes
"without the consent of tho government of this
"State."
In 18o0thu two houses of tho legislature adop-
ted tho following resolution:
"llcsolccd by the Legislature of the State of Tex-
"as That all that territory which lies east of tho
"Rio Grande and a lino running north from the
"source of tho Rio Grando to the fiirty-uecond de-
"grce of north latitude and south of the forty-
"second degreo north latitude and west and
"south of the line designated in the treaty be-
tween the United States mid the lato Republic
-oi xexas 01 nguioeiongs to tne State of Texas
"is included within her rightful civil and political
"jurisdiction aud tho Stato of Texas will main-
tain the integrity of her territory"
Thus so far as the course of Texas is concern-
ed the claim to the "Santa Fo country" has al-
ways been insisted upon. At the same time.Mcr-
ico always acted upon tho presumption that par-
ties found east of the Rio Grande wero unfriond-
Iy to her government. Tho United States iu tho
resolutions or aunexation expressly stipulated
for the application of tho Missouri Compromise
to the territory ofTosns not only south butnorth
of 3Cdeg. 30m. when States might hereafter bo
carved out of said territory.
But we are not left to doubt tho action of the
government of tho United States. In tho nego-
tiation of a treaty with Mexico we all well know
that one of the reasons for the dismissal of Mr.
Trist was supposed to be tho assertion on his
part of the probability of our government enter-
taining favorably the proposition to surrender
that portion of the sovereign State of Texas be-
tweeu the Nueces and the Rio Graude.or any part
or Upper California and when Mr. Slidell was
afterwards appointed to conclude the treaty we
are informed by Gen. Rusk tbat the treaty be-
fore him and placed in his possession as a portion
of his instructions designated all the territory
east of the Rio Grande aud up to the 43d degree
of north latitude as being part of Texas. The
Rio Grando runs through New Mexico from its
northern to its southern boundary and tho whole
Santa Fo country lies-east of this river It rises
in the Rocky Mountains in the territorv of Utah
aud if we run a lino thence due north to the 42d
degree of north latitude we should get as farnorth
as tho territory of Nebraska.
During the pendency of negotiations the Mex-
ican commissioners themselves declared that
"After the defeat of San Jacinto in April 1S3C
"that the Rio Bravo was the territory which we
"(Mexico) stipulated to evacuate and which we
"accordingly did evacuate by falling back on Mat
"amoras. In this place was afterwards stationed
"what was called the army or the north and
"though it is true that expeditions and incur-
"sions have been mado there even as far as Bex-
"ar we (Mexico) have very soon retreated leav-
ing the intermediate space absolutely free."
Nor are we left in doubt as to the position of
Mr. Polk's administration. Elected oittheisaue
of annexation tlu feelings and opinions of Mr.
Polk as well as the cabinet were warmly in fa-
vor of Texas. President Polk's sentiments were
quoted by Gen. Rusk in 1850 to show tbat tbc
President and his administration sought to main-
tain the boundaries of Texas. We give his own
language :
'This territory has costherdearly; and indeed
" all her rights have cost her dearly. For the sake
"of those rights she with less than 30000 people
"was bound to go to war with and run the risk
" of extermination from a nation of eight millions
"Her sous weut to tho field of battle and her
"daughters liad to leave tueir homes and seek
"safety from a merciless enemy and from the In-
"dian tomahawk this side of tho Sabine. All
" these risks and dangers were incurred in defence
"of this boundary l'es.sir; she tood by it then
"and sfcee she has been annexed it has been fully
respectedbythisGovermueiit: in proof of which
"allow me to refer to President l'olk's mes.atrp
" of 34th July 184d: ge
Extract from Jfr. I'ULU Jfeaage of 15131
"Under the circumstances existing duriDg the
" pendency of the war andhlle the whole ofVew
Sfv t.rjAA mrm jhl&am.rt f .- . lull
cu mujcu oyour enemy wm in our
"military occupation I was not unmindful of the
rights or Texas to that portion which she claimed
"to be within her limits. In ansnvr i.. "
- 'I! "te to 4th of
".." ;7' "-ucwciary 01 state by my
"directum lpforpcd mm in a letter of I2th Feb-
ruary 17. that in tBe;prpsdent' annual mel
. cctved that New Mexico is at present fn the
.temporaryoccupationofthc troops of the United
. btatw.and the government pver it is military in
'its character. Itis nnn1r..i . .
1 "..the inhabitants and will tease on thejgmchzsion
"of a treatr of peace with Mexico xfifthing
"therefore can be more certain than that this tem-
" porary government resulting from necessity can
"never injuriously affect the RIGHT which tho
"President believes to bo JUSTLY ASSERTED
"BV TEXAS TO THE WHOLE TERRITORY
"ON THIS SIDE OF THE RIO GRANDE
"whenever tho Mexican claim to it shall havo
" been cxtinguishsd by treaty. But this is a sub-
ject which more properly belongs to tho legis-
" lative than the executive branch of tho Govcrn-
"ment.' The result or the whole is that Texas
"had asserted a right to that part orNow Mexico
" cast or the Rio Grande which is believed under
" tbo acts or Congress fur tho annexation and ad-
mission of Texas into tho Union as a State and
" under the Constitution and laws of Texas to bo
"well founded; but this right had never been rr-
"duced to her actual possession and occupancy.
"The general Government possessing exclusively
" tho war-making power had tho right to tako
"military possession of this disputed territory
" and until the title to it was perfected by a treaty
' of peace it was their duty to hold it and to cs-
" tablish a temporary military government over
"it for tho preservation of the conquest itself tho
"safety of our army and the security of the con-
" quered inhabitants."
"Aud also Mr. Polk's annual message of IS49
" relating to Texas New Mexico and California:
Extract from J. PulVs Mintage qlt5.
" Tho existing condition of Californin and or
"that part or Now Mexico lying WEST or tbo
" RIO GRANDE and without the limits of Texas
" imperiously demanded that Congress should at
" its present'session organize Territorial Govern
" ments OVER THEM.
" Upon the exchange of the ratifications of tho
" treaty of peace with Mexico of the 30th of May
" last tho temporary goverments which had been
" established over New Mexico and California by
" onr military and naval commanders by virtue
" of the rights of war eeaso to derive any obliga--tory
force from that source of authority; and
" having been ceded to the United States all gov-
" eminent and control ovor them under the au-
" thonty oTMexIco bad ceased to exist.
"Impressed with the necessity of establishing
"Territorial Governments over" them I recom-
" mended the subject to the favorable considera-
" tion of Congress in my messago communicating
"tho ratified treaty of peace on the Gfh-or Jnly
" last and invoked their action at that session.
" Congress adjourned without making any provis-
"ion fi)r their government.
" Tho inhabitants by transfer of their country
" had become entitled to the benefits of our laws
"and Constitution and yet wero left without any
"regularly organized government.
" Since that time tho very limited power pos-
" sesscd by the Executive has been exercised to
"preservo" and protect them from the inevitablo
" consequences of a state of anarchy. The only
" government wliieh remained was that established
" by 'tho military authority during the war. Re-
" garding this to be a de facto government and
" that by the presumed consent of the inhabitants
" it might be continued temporarily they were
" advised to conform and submit to it for the short
" intervening period before Congress would again
' assemble aud could legislate on tho subject.
" The Tiews entertained by tho uxecutivo on this
' point aro contained iu a communication of tho
" Secretary uf State dated the 7th of October last
' which wa-! forwarded for publication.'"
"The claim of Texas to this territory bus found
" uo question from Mexican authorities and has
" found none except in tho United States. This
"territory is hors by every titlo; it is hers now."
Nor is thero any doubt of the opposition of tho
Taylor and Fillmoro adtuiuistratiuu to the pre-
tentions of Texas. Sam Houston ably vindicated
in tho Senate chamber in 1350 the right of Tex-
as to the Santa Fe country. And when resistance
to Texas was proposed through tho instrumen-
tality of tho recipients of pay from tho Taylor
and Fillmoro administration he declared that
"The powers vested in tho Executive or Texas
"gives him the right to call out the militia incase
"or insurrection or invasion. If he has made the
"call let the consequences bo what they may I
"FASTEN THEM UPX THE INHABITANT OF THE
"White Houan."
Before Congress had taken any action theTiiy-
Ior aud Fillmoro administration claimed the arbi
trary right to deuide that Texas had uojust claim
to Simta Fe.
"The Executive (says Sam Houston in the
'same speech) is not hero directly charged but
"the Administration is and whatever has necn
"dono amiss the President is responsible for. He
"Has attempted to trample down the rights of a
"sovereign fatate aud thus by military power to
"vindicate the wrongs inflicted. The outrage 11 p-
"011 Texas has been enforced by military rowcit
"contrary to tho authority of tho Constitution. Is
"this military power a portion of the "sovereign
"power" which wo hear spoken of ? I hope sir
"that it is not becoming a favored principle at tho
"White House. If it is not only Texas but every
"Stato in tho Union may tremble for her rights
"and her institutions."
Agaiu: "Congress has taken no action upon
"it; the Supreme Court has made no decision;
"but tho President of tho United States has cxer-
"cisedtho sovereign right of deciding tlat Texas
"has uojust claim to San te Fe and the country
"east of the Rio Grande."
Tno new Oitj-.Ciiartc.-y
A-wrTTer Th the test-mimlcr.Qr the ;
exception. tPaar article upon.f ho he ott--
ter which appeared inourpaperof tholSttfhwit.
Tho wrjtcr thinks.that " JudgQltftajn-pg-could
havo sanctioaed much less could eVre
written the articlo" &c. Judge OSES? Bj!-
leavo to inform tho gentleman that hj firth-
sanctions the article. Ha further informs the
gentleman that such remarks are graialtonvaad
uncalled for and further ho desires no credftfh
the manner in which the Gazette ts cesdatfej
which is not equally shared by hie partaeraad
associate ami he avows the desire to share eqw.
ly tho blame. It is becoming very aeeraott pffeft.
for gentlemen to suppose that oao of us woaM
not sanction what the other ha- done. Wa desire
no such excuses and hope they will iwti&eBs&le
in future. Our readers will see by reference to Mh
charter published ia the paper in wkfcfc tin
article excepted to appeared that every objdciitfi
we made to it exists in fact.
We take an interest and a deep interest Uiji
improvement. We would like te se or swetjjjir
improved necessary city edifiees erected of&r
preserved offenders against tho Taws arrfilajy
punished. For thi we desired oorpowte ponm
to be conferred upon the city.
The same number of the Times whieh .
tains the article under eonsideratloa give -&
account as to how this has been efTeeted. J
In an article headed " Sunday Doings: m A4fcstr
ono account is given ofa row "in Horait IJitrkid
saloon' parties "notarrested." Ifcw reported
that two worthies entered Mr. Steussy"s $&"
shop and broke various bottles vials" tk; (be
Marshal did not arrest thaw. - ;
A Koman who had been emoyia fceitt Sa. Sr
imbibing " arduous" spirits was iakenaml trVffeatt
ofT to tho lock up. '-
We could point out a good many other f"rf'i
to tho mode in which improvement are priftrjsjb
ing but do not deem it necessary te do s. -
Tho correspondent of tho Times makes a (Th--
at us by callim- the Gazette "th 8?lf tl4l
leading newspaper of tho Stato '
Inasmuch as we have never styled ottrs'tife
leading newspaper in tha State wa an wi!tfnt-
for all scribblers to sneer sriw wheH Uhij wW do
it at the expense of truth.
'-MlS-OAO
Wo suppose this is thosouicoof tho "Herald's'
authority for asserting "that Texas had as much
right to claim the same amount of territory in tho
Moon as tho Santa Fe country." Well as this
matter has been brought forward by the Know-
Nothings we desire that the "Taylor aud Fillmoro'
administration shall claim full paternity to the act.
Thus it must stand in the history of this State
and it may not "00 inappropriate to give the sca-
thing rebuke which Gen. Houston administered
so justly on this occasion :
"Sovereign power does not reside iu the White
House at the other end of the avenue nor in the
adjacent department buildings. No sir the hov-
ereign power of this Union is shared by every
freeman its embodiment passing through tho
States from the pengle : a portion of it is center-
ed in the Federal Constitution and thereby that
becomes tho supreme law of the land and is tho
only embodiment of sovereignty. Tho President
is but the agent of the Constitution and I protest
against its violation by his subalterns at Santa Fe.
It was an unseemly exercise of the sovereign
power to attempt to remove the difficulties before
referred to inciting a portion of the people with-
in tho limits of a State and without its consent
to erect themselves into a Stato govormnent.
Thin is a naloable violation of the Federal Cou-
stitutiou ; and sir such usurpation cannot long
remain sovereign in Texas I trust her rights
will soon be restored and exist for ages invio
late contributing a full share to the perpetuity of
th s Union liut the consummation 01 tuis great
Ubject can only be achieved by proper respect on
tho partorthe federal uoverument ior uic nguis
of States by which it is constituted and not by
permitting the Federal authorities to trespass
upon tbo members of the Union because they
may suppose tbat the State are unable to resist
military oppression. For aught I know Texas
may be regarded by the Executive or his Cabinet
as a mere picquct or a corporal's guard and may
be treated accordingly. Accustomed to the camp
and field he may imagine that he has only to is
sue his order to 00 ooeyeo ana mas nie soiuiem
and tho bayonets which have upheld his power
for forty years are to be instrumental in carrying
out his present purposes. If this be his idea of
sovereign power it is fallacious. And sir. when
the Executive taunts Texas and says that there is
no danger of any practical interference on her part
he is wrong. Texas is loyal and devoted but she
is sensitive too. She always appreciates her ad-
versaries she loves her friends nnd when duty
bids her take her stand she never counts her en-
emies. The army of the United States marched
there to enforce a wrong upon her would bo
weak and powerless. She will not submit to
wrong; she asks for nothing but what is right.
Every military act which has taken place at San
ta Fe calculated to embarrass the exercise of her
authority there has been an encroachment upon
her rights ; and every attempt now made to coun
tenance or sustatn the action which has been ta-
ken already will bo but the continuance of ag-
gression and an effort to destroy her authority as
a State."
The authority of tho "Herald" had its origin in
the administration of Taylor and Fillmore.
It had its origin with a party which has always
been ready to exercise doubtful powers under the
Constitution. Having traced it to that adminis-
tration of which Mr. Fillmore the present nom-
inee orthc Know-Nothings was closely identified
there we leave it as a warning to the people
of our State and ot the South how they remit
their vigilance over the destinies of the nation
aud allow them to fall into the band r political
enemies to be controlled to the ultimate destruc-
tion and crushing out or Republican liberty and
constitutional freedom.
The evident intention of the administration of
Taylor'was not only to deprive Texas of New-
Mexico but'to make it a free State. That samo
free soil party are still in existence at the North
aud in the election of Fijlworc tjier would seek
to exert a bouudless license of power whichn"-
Thc K an ill tiliCNtlon.
The continuation orDouglas' report in to-day's
paper is deeply interesting.
One ortho great prinuipls or the Mis-wari Oo-
promiscact that which was brought into lhu-
troversy by Clay was the sulrniision or the act
to tho people or the Stato. It was theffrstrat.
tempt by Congress to lenvu matters or (hsjiufetu-
concorn to tho control of the community in which "
they exibt. The Nebraska Kansas bill onl)' carries
out with more fiirce the same principle. It leaves
the question of slavery to the people oftiitrri-
tory where it may exist and when they chk fo
form a Constitution for tltemelvcs they art) at
liberty to adopt or reject that institution.
Wo regard nil the profession- of regard for the
Clay Compromise whether made by Notthera
or Southern Know-Nothings as hollow hearted
and insincere. A brief history of that net wiM
show this to be so.
The bill to authorize the paople or Metiri to
frame a State Constitution first p-sed tho House
of Representatives with a clause prohibitory ol
tbo institution of ulavery. The Senate bill ittir
dnccd by Mr. Thomas of Illinois omitted th ob
jectionable clause bet the prohibitory lino of 3f"j
30 was inserted and in this shape the bill fiwlly
passed both houses and was approved (Hh March
1S20. When Missouri acted upon it and asked
for admission at the session of 121 the Senate
agreed to admit her but the House refused to do
so. It was at that hour that Mr. Clay brought
forward his compromise and what was it ' Simply
a resolution in which under tho term "fimdetKnlal
condition" it was sought to restrain31iwouri within
constitutional limits in adopting laws iu regard to
the migration of free negroes and to which the
State was required to declare her agent in the
form of "a solemn public act." It was needless
legislation on the part of Congress but Missouri
gave her ussunt and President Monroe finally is.
sued his proclamation declaring tho admioswH of
Missouri to bo complete.
In tho progress of republican institutioM it k
now deemed the right of tho people of the terri
tory to declare their assent to all "fundamental!
conditions" necessary for their convenience aad
welfare. Tho right of soir-govormiiont is extended
aud the true source of all political power more
fully asserted. Ah to a compromise in referpiico-
to geographical linos tho North never yioWedber
assent to any compromise under the control of
Congress. Mr. Thomas' bill without the clswse
of Mr. Clay had been rejected by the North. Iu
the admission of Arkansas in 130 the -tune priu
ciples were again rejected by the North in tho
speeches of members nnd it wa reiterated hy
them that Congress never had surrendered any
power over tho slave question by. tho coinprnrnkk)
act of 1821. About fifty Northern votes) were
cast against tlu admission of Arkansas with her
slave institution. I the acquisition of owrl'Acific
territory tho North surceMfully refitted fo nm-
tho line or 3fi 30 to tho Pacific. At every step
tho North ha- refused to act upon tho geographical
lino or the compromise act in tho spirit or a bind-
ing compact.
It is proper then that w should apply right
names to things. The opponeiiti of Kansof North
or South have no good ground to stand upon and
in tho struggle to make Kaunoa a free State wo
must deem all those who in any way aid that tarty
by seeking to stifle or defeat the will of the pedpkj
of Kansas ns seeking also to subvert a prinoipU
placed in the compromise by Mr. Clay hi'olf
and which alone caused the final pcunage or tkat
act. They are the enemies! of the Denwerooy thn
cnemit-s of the South and the- eHcurim of tins
Union.
Look at the map! Kansas lies South of th-j
North line of Missouri and of Virginia and her-
ders on Indian Territory. It m within a few ifeyr
ride ofa portion of our frontier. Fre-siku ooa
only seek to absorb it to render Ivet worthless1
in Missouri next in ArkarHa-.aiul finally in Texas'
until the under-ground railroad etre4cM from
Canada to Mexico.
i aa must exist under the law of -.-- ;i r.
war to preserve order and protect the right" of ' thing short of revolution would'putfdown.-
Democratic Ulccf ius !n WailiiBifloa'
mill Jfustrop.
On our first puge we publish th-" proeeedi-njs
of the Democracy of Bastrop and of Waohiaf-
ton. We are glad to know that the party u or-
ganizing iu the-e counties for the coming elec-
tions. In Washington we see that speeches
were made by those sterling wen WHKmhwd
Willie Tarver. and Shephard. The tieket kan
excellent one and must be successful. Tha fc-td-ing
Democrats of Washington are iTtnmA
that the party shall not he shorn of it stwwgtfe
by factious division-.
In B.vtrop the ticket presented Is a8rt'0fie.
and all with whom we have eenvewed saftfcafc
the best of feeling prevails sweats' th Dawr8-
cy. In all parts of the State ttw am wjpWKS-
tion of the Democracy w sjoing on.
The want of a State Libkakv. It vnet
a great pity that somo speeial provision foe pr
serving the book of the State library wa t
madeatthelastlesislatiin'. Thereis avaeattt roow
overthe supreme court room in which the
library of the court and tho Stato library mU
be well kedt under the f upervwjon and eare of
the samo librarian who now attend te th
supreme court. We learn that uW l'tr'i---
tion of the con-ressional Clones "
Sf-ri- bv Gen. 'J J. Rusk atihe la && im
probably already scattered uo one knows wfow.
It Win a valuable gift and if it had k H-
undor the charge of a jibrarhw M h!?'teH
still pre-crved. Wo hope ttt the 4
'entirely lost.
H -
VW-
t.
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