The New York Herald Newspaper, January 6, 1856, Page 6

AFFAIRS IN KANSAS. Our Kansas Correspondence. ‘Hovas on Tum PRI, } Near Levomrton, Dec, 20, 1866. Voyage through Kansas—Hotels en Route—Aspect of the Country—Labor and Land—Lawrence— Account of the Clark: Disturbances—Gov. Shannon, de., dc. We left. Westport at 9 A.M. yesterday in an open wagen, loaded with doors, carpenter tools, &c., (this being the first conveyance for Lecompton,) wita the un- derstanding, duly entered into between ourselves and the driver, that we should walk up the bad hills and down the steepiones, which, as it was no more than we have ‘been doteg for the benefit of Kimbu!l, Moore & Co.’s stage line ever@ince we left St. Louis, (not to mention ‘ psck- tng a rail!) seemed no very great hardship. We lat for company on the road, besice the driver, (who had ‘deem raised in Ilinois,”") an Emypise Stat man, going to seek his fortune in Lecompton, (which, a8 your readers “ought to kmow,” has been selected as the capital of Kansas Terrttory,) who, with certain Mr. Stewart, the reetntly appointed Superintendent of Public Buildings at «the capital,” made up our complemen: ot bipeds, To Mr. S, we are indebted for much courtesy and some valu- ‘able information, in re Kansas and her prospects. At 2 o'clock P. M. we halted at “ Donaldson’s,”’ a Kentuckian, who married the daughter ef a Shawnee chief, (Captain Parks,) and is therefore entitled to reside upon the “ Indian Reserve ;’ his dwelling, « new stone house, just erected, at a cost of $2,800, is, fort rese diggings,” qui'e an aristocratic affair, being two stores in height, with Coors, windows and such like luxuries; and, wonderful to relate, lathed and plastered inside, he:e we dined at “two bite” (i. ¢, York shillings. per head on hog meat and wild honey, and then progressed (feeling, so fat 4s our individual self was concerned, consicerab'y better) om our way to Beban’s Hovel (?) on Wakansa creek, where we proposed halting fer the night. As we jour- neyed, our friend Stewart pointed out to usa rude en- closure standing solitary and alone upon a ridge of the prairie, “There,” said he, ‘1 witnessed a strange cere- mony Inst apring.”” The friends of a Shawnee brave whose spirit had sought the huuting grounds of his fathers, were burying their dead out of their sigh*, be- neath yon grass grown mound. As [rode up the inter- ment bed been completed and the mouli filled in, the horse of the dead chieftain wax then ied forth and shot beside the grave, with a favoriie hound of tae deceased. Forit ia the custem of their people when the red man gees forth upon that unknown srail, to send his favorite steed and faithful dog to pear him company. Our way lay for the most part over lorg rolls of up: swelling prairie, with here anc there a long line of tim- ber, marking the location of some c-eek or “buttom ‘sad,’’ but as a general thing the eartn bossied neither bush nor shrub. Poets who praise prairies ought to ride over them in the teeth of a December blast, on toe top of a loxied wagon—with his eyes a fountain of waters—and his nove an indigo blue, and we will venture to say that he will quote from Shakespeare, as we Leurd an Irishman do once, aud declare, like honest Pat, tha: a prairie is just “flat, sale and unprofitable.” We know that “your correspondent” found it so—for as the sun went down end the biting va ¢ came piag o’e: unprotected “rolls,”’ we woud have given ali the romance of our sitvation for the creature cmfo ts of a warm com ands hot supper. Yes, #e will be candid—ve it oontessed, then, that we shivered and sh wk untii,botween the influence of the hour, and the indigestion natural coming {rom a hog and hominy dinaer, we got the blu grew de: perate—wished Kaneas, ‘‘the war’ and the New York Hersvp in that extremity, aud your bumble ser vant, the writer, safely back in the Empire State. But ‘Bean's Ho‘el’’ (interrogutiva mark again) brougat us up agin at 6 P. M., and we assure yu that we had mot taken our halt frozen body out of the wagon over halfan hour, before we thawed out, and, unlike Mark Dapler, “tursed up jolly”? under the genia! influences of a biglog fire and @ hot cup of coffee. But wa should do you, our self and mine host, Mr. Beban, an ivjustice if we ne- giected to describe his ‘hotel’ inside und out. It is a log cabin, or rather two log cabins, witha connecting link between, in the shape ef ® porch, waich 14 obtained by combiring the flooring and root, amd omitting thy sides—te either end of this Siamese tein houa- 8 attached a huge chimney, of such tremendous dimensions that it quite carries out an idea which we NEW YORK HERALD, SUNDAY, JANUARY 6, 1856. were fain to postpone our pilgrimage to this shrine until more convenient season. OTA P.M. we entered the woods where the capitol of Kemsas Territory—partly is, and principally ts to be— érove up toa shanty that covers a sort of general store, which will doubtiess expand in the progress of the place, ked soft place, jumped off, somewhat to the de- himemt of our boots, was introduced by oor Saat nm oo] , Stewart toa small crowd of yb gen us , & little rot ood. fell Governor was at good fellows for ',) distant some three miles from 1 just’ ‘putting out” on fri nd Stewart's mule, (which he had very kindly placed at our disposal,) when a better posted informant sug- ested that the Governor and of State—Mr. ocdson—were in another part of ‘the towa,” which he designated. Rode through a piece of woods, for the “* part of the town;”’ saw the anel- a la Gen. Taylor. cerly geutleman, on a white Found the Governor looking dignified, but goo natured. After su; we entered into conversation with Gov. Sbannon and bis Secretary upon the multiplicity of matters which you have made it our duty to inquire into, aud Governer Shannon, most kindly promised to give us a bistory of “the war.”” ‘And now it seems proper to ray something of Major Clarke—from whose hospitable mansion we are writing— ‘as well oe to put your readers in possession of some of the dangers to which « newsjaper correspondent may be (posed, even, in the pacitic and law abiding Territory of es. To go back to “‘the beginning.” Major Clarke (who is trom ‘arkansas, act formerly edited a paper, and was a member ofthe State Legislature,) has aker, or has the credit of baving taken, a very decided pro- slavery stand during the recent dificulties in Kansas, He was, moreover, cne of the two men (his companion being from Weston, Mo.,) who firei upon Barber These’ acts’have made hie particularly obnoxious to the free rtatemen of Lat and as residence is within eight miles of that towa, he has been reptatedly threatened with violence, in proof of whick the following may be stated:—Fven’ before Barber was killed @ party of some ten or twelve free states men, armed to the teeth, surrounded Mr. Donpt, (a brotber in-law of the sinjor’s, who resiles with him,) a3 he wasreturning home Lecompton, and told’ hiw that ‘now was the time; that they were going to have the difficulty with Major Clarke settled; that he, the Major, could no? live,” &c. Sinee the death of Barbe: some twenty men stouged at the dwelling of Judge Wakefieldf(a prominent free states man, on the California trail,) come three miles from Major Clarke’s, and there swore, in the presence of “Squire Crane,” (a very re- Hable man,) that “Clarke should not live; tuat he must dic, alleging, at the same time, asa reason, that ne was with the party who killed’ Barber.” Barber’a two brothers are said to have been with these men. In ac- dition to these matters, of which Major Clarke has been notified, it may be mentioned as an additional proof of the hostile intentiors of his enemies, that a Dr. Johnson, @ son of the present Governor of Vir- ginia, who bas been residing at the Mujor’s for the fast two weeks, (his own resicence being in the immediate neighborhood), to assist in defending Clare e’s house against any attack that might be made guinst it—bas deen fired upon no Jess than three times ; the ball (upom the last occtiou) passing through nis coat. ‘Ibe circumstances under which hese a.cacks were made wre as foliows:—In tne fist instance, which oc- curred some two weeks ago, three suspicions lv oking men and Lis party. rode up in front of Clarke’s house; this was utter night; Doetor Jobnson stepped into ‘the yard und haued them; to this they returned no satisfactory reply; Doctor Johraen then fired upon them with his pistol; two ot n turned and fired upon him, and immediate y rode No person was vit, as far as could be ascertained, upon either site. Upon the second occasion (on Monday evenicg Jas the Doc’or was walking up from Benisa, some two miles from Major Clarke’a, and whea a.0ut way between the two p.azes, @ man mounted on & gray borse, rode oat from the bushes and called out, “Is Jour name Doctor Johnscn?” to which the Doster an- ered “Yes.” The man replied, “Then you are the d—i rascal I have been waiting for,’’ and immesiately 1 fired vpom bim with @ pistol, (he had po gun), the ball, as above stated, passmg tareugh the stirt of the Bocto:’s cout, Before the Doctor could draw bis pistol to returs the fire, the man had turned his horse and ridden off into fhe bush. bieJor Ciarke’s house has now been regularly gui for upwards of two weeks; Loaded rities rest agaius! the wails, ond six shooters “lie handy” upon the tables. Some of Clarke's friends are constantly here, and if an attack is ma‘e the assailants may count \pou # most determired resistance. There is barcly any rocm to doubt that it apy overt act is comm ittea in this quarter, a war of extermina*iou would be the result. Were Major Clark’s resicenge to he mo- lested in bis absence, the Missourians would be almost certain to crors the frontier and level Lawrence with the ground: at Jeast such 18 the impres ion of those well Guinlitien to jucge. To give soum idea of the state of ex: Ciwment ant apprehension whish exists among the mem- be rs family, we may men ion that Major ke las alresoy fired upon some friends who wore ap roaching his house after nightfall, under the impres- at they were enemies. Indeed, a knock a; the cor, thls very evening, caused ‘a muster of the is,” aed it war ot until’ the name and business of the strarger was fully uuderstood that the door was opeced for his admission, For ourselves, we are free t» ccnfes: and we dou’t care who knows it—that we shall, ouring our stay in Kansas, deny ourselves the pleasure of moor light rembles or paying visits after sundown. The anpexed letter will come in very properly bere. It heard bazarded cnce of ‘a house built to a chimney; bat fuel is cheap in a new country, and there are worse hinge after « long winter day's ride then a heaping wood five. with ite sparkles and fiaanes of light, and its great red comis, which peep out like fiery e¢yes-mo* to mention the. glowis g pictures which the dey dreamer fancies 4s he watches with thoughtiul brow the upward ccurse of the giowiag. sparks; and then forfaraiture a pile of bovis, a chest of crawers, a table, a big bed. little do., witha swall asmory of rifles, completes the inventory. Aud then there's the group round the fire; but it would re- quire or Doe sticks, or 3 cross between the two, to do Justice. So we will leave it to abler pens— in hemor bound to write a, truce, then, to any cescription of ty ever so striking, or the ever rogrest. Suffic) 'tto say that we siept ‘ofa weary man—on « feather bed, (wl We Aeimeh ot Backy monntala snow drifts), ina thy ¢raft, with a door balfa foot too short oa one side, eade window with the panes of glass absent with. out leave on the other. And so ended our first day and night f> Kansas. We breakfasted, and started betimes this mor: ing, reached the town of Franklin about non, where, a: our orders include the “ indus:rial and agricul: tural state and proapects of the Territory,” we o>tsiaed the following facts, baving first, without usual prulence, deducted twenty per cent for any personal interest which our informant might have had in rettling ia that particu- lar vieinity ‘ Franklin, (Kansas Territory,) is pleasantly situate! one hill or prairie ridge. It was first settled by . Wallace, ot Iowa, in October, 1853, but manent buildings were ‘not commenced uni! | of the present year, town lots 60 feet by 120 fee!, be ng, sccording to location, trom $25 to $100. Timber (princ:- pally oak and black walou:,) is to be had in abunda at dietance of little over a mile from the town. cellent water may be obtained by digging to a dep from 25 to 26 feet. These wells sometimes go dry. iumber may be obtained at Kansas City (the ueare: t,) at @ cost, including transportation to Franklia, $o0 por thousand fect. The yield of corn in the vicis! (first erop,) taking a range of two miles from Fraok! as been 60 busheis to the acre on lands on the Wataru- sa bottom, and 26 bushels on sod in the prairie. A two story frame building 42x32 fee:, comfortably fiuisbed in side, bas just been put up at a cost of $1,400. There are nome twenty houses and cabins batlt or in process of erection. The population of the place is from 75 to 100 souls. It is a strong pro-slavery town, and furnished a large quota —nearly & men to the Governor's forces for “the war. Tt has ® steam raw mill of 18 horse power. Taey have had no cares of fever and ague there ax yet but we should eay that the vicinity wae favorabie to the pioluc- tion of swamp miazmas. Franklia is distant some 08 | miles from Westy Mo., 55 from Inde pendene Lawrence, and 15 from Lecompton, the capitol of Territory. “The fotioning “facta and figures,” which we have de rived from those well qualified to give accurate informa- tion, may prove ureful to those wh contemplate moving to the Territory. These calculations will apply to a large portion of Eastern Kansas. Day laborers command $1 25 per day anc find themselves; mechanics from $1 75 to $2 per day, without board; washing (as there ii males as yet,) is high; tay $1 25 per dozen. + wag: ns, (salenlating the average day's travel at 2 may be had at from $4 60 to $9 per day. You may reckon 30 bushels to the wagon. Fencing may be es:imatet at $4zper hundred rails. Thi-{includes every thing—aplitting havling and setting. It would be a great saving to tne emigrant if he were to purchase his buiding materials, fully manufactured in St. Louis, and transpor. them to the rite selected. When we speak of building we refer to doors, sashes, frame, work, floortog, &. I not only a savirg in the transportation of bulk, which of course is greater in the uncressed material ; but the dif- ference of prices will make @ saving upou the articles urchased in St. Louis of nearly 20 per cent. Fracne fouses, which are built entire in St. Louis, have bean transported to Kaneas for erection at @ great saviog to the owner. For instance, the auditor of the State, Mr. Donaldson, has such o wnsae house at Lecompton : it is two tories high, has two rooms ; the tower story is line with dressed pine bosrés inside, and has two rooms above way 16 2 48 fect each, which’ cost ite owner, when ficial ? (includicg transportation by steamer to Kansas city, calves thence by on to Lac rime $80). Weare informed that m many Fparta of the Territory, coa- cree is the cheay building ee it can be put up t an ex 14 cents per solid foot. Of building stone aad quarries we shail speak more particula ly when we inform you as to the geological tormations of the Territory. It costs abont $8 per acre (lowest es- timate) to “improve a claim.” c And now, having given you thus much of sober do‘lar and cent facts, we will goon with our peneillings by the way. Tia P.M, as we rolled up ‘a rise,” our delighted eyes beheld for the first time the far-famet city of |awrense How shall our feeble pen express our sensations’ We the scene na did the patriarch of old when he ort sy land. But {n good earnest, we telt a d interest in Lawrence, and as we watched her nov, Fee (Gt emblem of the purity of her princip'es) floet. ing in the breeze, we spuifed up the pure—albelt somewhat freesing—geles of the prairie ® keener relish, and murmorec “ this air Lawrence.’ We didn’t apostrophise her, becanve we didn’t feel equal to the task. We didn’t curse her, because the men ot that city are stern free State mev and we have the misfortune to bail from the Koicker becker #tate-—we dion’t drimk her he th, because we were out cf whirkey—but thor we didn’t any much, we fcllowed the example of that s»gucions bird, the owl, 1m keeping up ad—I of a thiok, and what we thought shall be chronicled so s90n wa (in Missonri phrase) we “get shut of Kaveas.”” To be serious, how ever, Lawrence (even without coking into consideration ber mildtary reputation) is © consiaerable of @ town,’ and that large stone buivlieg, the Ka eas Emigrant Aid Society Hotel, that is to be, looued out prominent; we would fain hve approached to a i: reverence; but as we were en route to Lecompton, to vint hia Excelleacy (pvernor Sbanuon, aud as the wagon wouldn't atop, we iss commutication from Major Clarke to Gov. Snannon, cated Camp Clarke, Dee 3, 1855, and addreased to his Excellency, at Shawnee Mission. The following is a lite- ral copy ma Caw CharKe, Dee. 3, 1855. Pear Sim—1 fasten to write you by an express that ‘s now «n its way (120’clock at night). My house is a for- tific I ‘am compelled to keep a guard with senti- nels ight. Unless the violators of the law are dis- armed, the country ia ruined. If the troops should with. draw without this being done, a partisan war will con- tinve. Murders, house burnings, aud all the out: 3 inci¢ent to civil war will follow; or we (the law-abiding men) will huye to withdraw from the Territory, to our great pecuniary istrese. The outlaws have marked our men. They keep their movements secret, and we know no: who is first to be at- tacked, cr when it wil be made, We have upea smple authority that more than one hundred ‘Sharge’s rifles are ¢i-tributed in the immediate neighbortiood. My next door neighbors have them in possession, and only two day# go ten armed men surrounde3 a member mily with threateniog Jangasge, end ended the iew with a threat t dispose of myself. We, the law abiding men, appeal to you, and insist that nothing lees than the surrender of the arms now held by the traitors csn satisfy the community. Toey are in open rebellion—ibey have their arms for the special pur- pose of resixtivg the laws and avenging snppored iojuries —with theee arms in band they have torcibly rescued prisoners from the hands 0! the officers—they threaten to rereue oth they are protecting men who have broken custcdy, and in every sense they are traitors, and giving aid ane comfort to traitors, In haste, your friend and obedient servant, GE JRGE W. CLARKE. To Gov, Wita0n Snannon, Shawnee Mission. Mojor Clarke, it rhould be remempered, has been ‘or the last three years (as Indian agent of the Povtawottemies) an officer of the General Gov- siationed in this Territory. He is repre- aa an impetuous but kisd bearted man; a crat, ard ultra pio-slavery in his politi on fact. what is commonly called a thorough going Soutbern man. it is admitted that the Major was with the pro-slavery men from Weston whea that most uofsr- tunste reneontre took place, which resulted in ths kill- ing of the free State man, Barber. And, as it seems prope: to farm h you with a correct statemem: ot this deplorable transaction—which we have gathered trom the most reiaple sourees—we will introduce it here, pre- suming that if the leading inen at Lawrence have an; Cifferent version to render, the Hrravp will give ir sice cf the story alzo, We are, however, inslined to be. lieve that the main facts of the case, a4 rendered in the follewiog varcative, will not, and cannot be contro- verted :— On the 7 h of Decetaber, «t noon, Major Clarke, in cov- pany with apotner gentleman, Mr. —, (the name is not given for obvious remeons,) of Weston, Mo, wete riding on horseback from the p. o-tlavery camp at L#compton ty the pro-rlavery camp at the Wakarusa. As they were g@ outsice of the picket guard of the Lawrence np, they met three men, also mounted. Two of them were armed. As regards the third, he drew no arms and tock no vert in the difficulty which ensued. They could t, therefore, sey whether he was supplied with weapons Clarke or bis companion—which of them y--hailed toe Lawrence men, thus:— ‘ou trom’ They answered, “We have .” “Where are you guing?”? asked the ta which they replied, » We sre going you ave not in the fight”? ‘* upon circumstances. y then said—"We hope you are law and order men!” ) this one or more of them replied by anawering that {nce was no law or order in the Territycy.”” | Upon this the Clarke party ordered the Lawrence men o surrerder themsetves as prisoners. This, tue Law- rerce men swore they wou'd not do, and both pirties, (with the exeeption, a be'ore stated, of one of tue Law. rence men, who sat upon bis horre a little asi‘e from his | compepions, with a switen in bis hand, taking no part in the sffuir) unmediately began drawing their weapons. The Lowrence mex were armed only with pistols. On the part of the pro-slavery men, Major Clark had a amall- tized Colt’s revel and his companion s “navy re vorver,”’ of the same patent. Both parties fired simul:a- veously, two shots ou each side. Tue Lawrence men then rode off ata gallop, presenting no appemrance of beirg burt Neicher Clarke nor his companion had the slightest suspicion that they bad wounded one of theic antegoniats, until news was brought at @ late hour thar cight to the Wakoruse camp, that » Lawrence man hat bren killed in ‘his revecntre. Gen. Richardson, military commander-in chief of the pro-slavery forces, as ala» Judge Cato, of the Supreme Court of this Territory, were within bearing of the firing, a3 also Judge Woo is, ‘of the Kanses Police Court tor Douglas county. eae gentle- men beard but the four shote, which goes to confirm the etatement of the as made by Clarke’s party. rderstoud that ‘eston min (who had tie r) left the pro-slavery camp and started ints ly after hearing that Barber hai been jarke remained upon the ground. Un the fo lown g cay, ® gentieman who visited Lawrence saw what he unr erst od to be the body of Baber, covered with a rheet, ard /aying in one cf the second story rooms of the Emigrant Aid Society Hotel. As we have stated in a for- mer letter, Rarber lett a wife and two children, who re- sive in the vicinity ot Lawrence. He is represented by his own party as having been a harmless, inoffensive and very kind bear ted an, much attached to his family, and ct fine personal appearance. Neither Clarke nor his com- panion knew any of the men with whom they had the dispute; there was, theref.re, no personal matise nor previous quarrel between them. It is proper to add that Major Clarke not only coes not wish to shuns thorough Judicial inquiry foto his own conduct in this affair, bat sctuully decires such an investigation. He is, moreover, willrg to abide by the reeult. It is understood that the jor 18 af present at St. Louls, upon bustaess connected Indian ageney, but will return in a short time to his /esddence near Ls ermpton. Ard now, es ovr ‘etter is of the longest, we will forbear forther letter writing until Gen, Whitfield’s mules shall heve haved us ty Shawnee Mission, from which we hope to date our next epiatle, HIAWATHA. Address of the Kareae Pro-Slavery Conven- 70 THE CITIZENS OF THR UNITED STATES AND OF Ata large and table meeting « senting almost very portion of the Territory of Kansas, held af the elty of Leavenworth, on the Ith inst., the undersigned were Areca s comaltte to address the citizens of the Uni'e 1 states, and o! the Ti of Kan- sas, and to lay before them @ true siatement of tae past Be present state of thi im thie Tesritory. Tois meet- ug was compored entirely of citizens of the ‘Territory, without regard to former party names or distiuc ions. Whigs and democrats, pro slavery men and free State mer, all met and harmonized together, and forgot their former diffeiences im the common danger that cemed to eee the Ree: Bot Ce aor community, e great ol mee was waintin iw and order in the Territory, and to adopt such means as in their judgment seemed most advisable to Giseipate the vast amount of errorand unfounded dice existing in the public mind in relation to afs! in Kansas. It cannot be denied that mis- zapleeniation at falsehood, cages com- mer , ane wl ‘inaciously adhere assuming all the boldness and circumstantiality of truth, has created a pubiic optnion in the North, and also to some extent im the South, unfavorable to po.itical ami so- cial condition of this Territory. To remove these errors pes ly ae Cnforuunatsin Mila distant Tent, ourselves. . distant Lerii- tag bee been selected by » Northern geographi:al party, ast rable for the faoricatioa of ail kind of political material with which to agitate the public mind, and te array one section of the country against the other, and to keep up party excitement for mera party purposes. Newspaper bave been established, aud the Territory tied wih ® corps of mendacious letter writers, whore sole business, it would seem, has been to misrepresent apd ftalaify everything that occurred in the Territory, snd to manufacture the grossest falwh wis, with the view of exciling the people of the tree State: serine thore of the slave States, at the expense ot harmony of the people and perhaps tne very ex- istence of the Union itself. Our distance from tre i agene cn, and the lengh of time re- most mvastrous tulsehoods can be Known here, and corrected, rexders this Territory a most parent pay from which to send forth to the abolition press of the country whatever material may be desired, to produce the reaults, and secure the objects, they bave in view. Weare fully awsre that the heavy drafts recently wade on the credulity of the public, by these papers and letter writers, hava nearly, if not’ en- tively destrcyed their power to co mischief, but we would be derelict in our duty, if we cid not call on tae Ameri: can people, to pause at least, hereafier, betore makiog up their opinicu on the condition of things ia Kansas upen testimony eminatiog from such « source. In discharging the duty assigned us we desire to ad- drees the rea-on uné petrivtism of the Ameri:un people and to present tacte aud arguments upon wich a just and correct opinicn can be formed. A crisis Las arisen in this fers itory which must pot only be met here, but in the halls of Cougress. Indeed we have no hesi:atioa i expressing our belief that tae movemsnts made in this Territory have been mainiy with the vi-w of mubing issues to be xubmivied to Congress, tor the purpore of keeping up sectional excite: went and party strife on the slavery ques- tion. The difficul i*s in which we are involved here ave been, frrm (he fir-t, made to areume a na- tional character, arc suil 1 former tine, Under these ety the American people, we trust, wil not be considered inappropriate or cut of place, Binctly. etter tha: emovallot Gavecibe’ adder Grbia office, the course of avtion adopted by him and his party in this Territory, was foreshadowed in reveral pabdli> prints in the Fast, sed the people of this Territory were udvieed to denounce ‘he Legislature as an illegal body declare their acts void, end rerist thelr execution. It was pr claimed in advance that he would be rua for delegate to Congress by the people, and would obtaia his sea), und that a free Stute titation would be formed by she fiee State party, and admission into the Union, under i, would be dewanded These fiets furnist very satisfactory evidence ‘hat (he moyemeots here, made ia coformity with the grogrmmme laid down tu Eastern pape s, had their auvivers und origigators, not in this Territory, but elseshece. In pursuazee to tue: svggestions, a few individuals comm-nced the ¢ gativetion ‘of & party in this Tecritory haviog fi teir avowed object the nullification of the Legisia- ture and (he laws of the Terrttory, the electioa of their own celegate to Congress, aud the formation, by them- selves, @r a party, cl a five Stace cousttutioe, with the view of demwancing admission into the Union’ under it. ‘This party,aiter seme preliminary meetings m-tin conven- tion on the 5th of Octoder Jast, at what is called the Big Sprivge, and proclaimed open ‘rebellion and hostili:y to the lawe passed by the Legislature, and bid defiance to all legal au nority, denounced « ms jority of the jacges of the supreme Court, who herd their offices under the gene- ral government, assumed that the Legisiatuce was an illegul bedy, and that their acts were void, snd that os the least cf two evils they would ‘resist the legisiative enpetuents to a ‘bloody issue’ ay soon as they ahould aecertain that peacratie remedies should fail and they recommended to thelr fiieués throughout the Territur: vhe organizetion cf volunteer compacies and the procur ment and pre} ion of arms; they alvo res ave in tayor of taking steps for the formation of a fee State :on- stitution, It is these declarations snd avowals, sccompanied and followed up by public tweetizgs and conventions, with the view of carryidg them out, that have iw: pressed on the mincs of the law and order portion of this community the beliet that a orisis of real darger to the peace and good order of suciety has arrived. and that it was necessary to take all proper steps to avert ine thieatened evil. ‘en engaged in ilegal acts, baving in view revolutionary movements, slweys seck to olsguise their motives under the pre- terce of serving the people, or justify themselves by claiming that their rights and liberties hava been rutolesely invaded, and that they are crushed by the hand of despotign. Such waa the case wheo the Hartford Conveniin met during the war of 1912, to plot treason sgaicst the Union, and such ix the cese now with oe arty in this Territory, who reek to nullify the latuse and their enactments, apd propcee to resist the execution of the lawa by violence and force. We propose on this ocvasice to inquire into the ruth and justice of their varior causes and complaints ss embodied in their public revolves pested a: the Big Spring Convention. In 8, among other things, they assume that the Legislative Assembly of this Territory was an illegal tecy, and that consequenly their acts have no binding f1ce. The grouuds cn which they predicate this assumo- tion are two, first that the members composing th Le- gisiative Assembly were elected by illegal votes, and ce. concly that the 8bawnee Mission, where the Legistutive Assembly held their cession, and enacted nearly all their laws, was rot a place where valid laws could be made, or in other words i, was nota legal iegisiative body staying at the SLawnee Miselon, If neither of tzese grounds are well taken, those wo propose to reist the laws are left without a shadew of cefence for the steps they have taken oF prepore to tuke. As to the first objection, that the members of the Legislative As-eably were elected by illegal votes, itis too lete at this day to assume that position,’ and it swely comes with » bad grace from Governor Reeder apd bis purty. Af‘er the memoers have recelved tbeir certificates of election from the Governor; have teen envened by bitn a a legislative body, sworn into office, ard token thir seate, and atter they have organised ‘as a legislative bedy at a place admitted 10 be legal. having been named by the Governor himself, and atter laving received the inavgursl message of the Governor, enacted laws and transacted all their official business and adjourned witbout day, it seems to ua that it ts too late to callin quex'ton the legality of the votes Uy which the members were elected. There is, and of necessi'y must be, a time for raising a question’ of this hind. The low usually provides the mo’e by which the certificates and teats of members may be con'ested and the polls purged of illegal vores. In the case under cor sideration, Governor Reecer him- self preserived tre mode in whieh the right toa certifi cave of election might te contes‘ed. This mode, pre veribed by theGovernor, add published in bis proclam:- tion ordering the election, constitutes the law of the case, and parties sre bourd to conform to it; and failing t 4046, thay bave 00 remedy except lo eomtent the one ofthe member betore the body to which he belongs. What right has Gov. Reeder ond bis party to claim, et this la'e day, that the Legislative Assembly was illegal, vecaure il'egs) votes were reseivel at some of the pre- cincts. by the orgapic law the Governor was entrusted with the entice supervision of the first election, He it was that bad the census teken and apportioned the coun. cilmen and representatives. He it was that designated the election precincts and sppointed the jadges of the election at each precinct. aad presertbed the form of onth to be taken by the judge: and clerks of the slection, and directed the mode in which the pelis chould by kept, certified and retu-.ed to himseli; and he it was rho pre seribed the mode in which elections shou'd be contested. All this was done by ov. Reeder, and embodied with great particnlsiity in bis public proclamation, sven and teed by every one cetrre the election, for it was the law by which the erection was to be condue‘ed, We find the following mode prercrived for contest ing elections:—‘‘In case any person shall desire to contest the election of any dirtriet of the Territory, hey shall make # written statement directed to the Governcr, setting forth the periicular precine: or dis trict they iniend to contest, the candidate whose elec- tion they cispute, ang the specific causes of com: in the conduct or return ef -aid election, which com. pleint sba'l be signed ty not less than ten qualided yo- wre of the Territory, and with the afidavit cf one or more of such voters to the truth of the feta cot forth h wiitten starement must be prevent) to the Governor, at bis office, en or before the 4th day of April, 1866, a: it it sboll appear that the result of ‘the election in’ any ecuneil district might by changed by suid contest, a dry wili be fixed for bearing the same.” Now here is a plein and very sucple mode pyin’ed out by the Governor for contesting elecriona, A day is to be appeinted to hear ard de ermine the con yb party ix to beve en oppcriunity of producing ‘ ness, and being heard in the cave. Ifany member ha | been elected by 1 votes, why did not those who now cemplain so ily of election frauds, ani of “armed rvfliens’’ having taken possession of the poll, file their complaint in writing, as required by the Covernor’s preclamation, sud have # day appriated for a fuli abd fair bi om both sides, ond protace ther evicence to prove the € enormous frauds which they now allege existed. That wae the time t» have acted in tre matter, and to have obtwined a reiceas +f thelr gelevances, if any exirted; enrely yee to Governor Reeder acting #% judge in the matter if the f auds bad been eo grorsand palpable ax ia now cinimed, or itthere bad Leen auy fravds whatever, that woul bave changed {he result, tuere would have’ been to éifienlty while the fasta were ail fresh and the wit nesies at hard to have proved their case. But instead of taking the course required by the Governor's proclawa- tion, not # sygle effort wax inade in a single district in the Territory, to contest, under the proclamatfon, ‘he election of: giememlr They preferred then to take the benefit of the unqualified assertions and cenuncia- ticpe cf certein public popers and letter-writers, rather then run the risk of a full investigation of the facts be fore the l.ader of their own party. ltmay be, that as that e werd to a change of revenue the bells of Congress, where misrepresentation ont falrenood could eubstituted for truth and (a without the adequate monns of detection. [t it t ay, they looked for m this Torritozy to ‘there was in several cases protes' one or two electors, not ; i } E i i ty iS , ES es Fa a3 g F s é t i & E ' H 5 it teveral this was done without giving any op total disregai oclains ‘ide the ranted certificates to been duly elected at the first election. Prerentatives is composed of twenty-six members, certify! and the Governor set aside the election six cases, and ordered new elections, certificates to twenty members, so that there certificates nted to a large majority in both houses 4 the first e! — Pater g get reer gptoatcs not ary event have al tical complexion of either branch of the ture. Those elest- ed at the second election, two inthe council and mx in the hovse, took their seats at the orgaumzation of the Le- Jature by virtue ot the Governor’s certificates. ‘Their seats were contested by those to whom the Governor, without a hear had refused to give certificates at the first election. whole matter was referred to an ap- piopriate committee ineach branch, and underwent an elaborate investigation, which resulted in the contesting members getting their seats, on the ground that they bad received a majority vote at the first election. The returns in right of avy legislative body to judge of the election and qualification of its own members will not be contruvert- +d, The members of the Legislature clected and com- mistioned, as we bave stated, were convened by the Gov- ener’s proclamation at the city of Pawnee, and were organized asa legislative body, took the oath of office, elected their efficers, and received from the Governor his izavgural . Surely Governor Reeder is estopped from se at that time and place they were mot a legal legislative . Did Sieg. do anything subsequent to that time to render them an filegal body? and thie brings ws to the second t made by the Brig Spies Convention against the legality of the legislature. ‘they right to adjourn legislative session from Pawnee city to the Shanee Mission? We say they had. The law ad- vurzing their session from Pawnee city to the Shawnee jission, although vetoed by the Governor, is admitved to bave been passed by a two-thirds vote, in each house iu conformity to the requirements of the orgauic act. it is c'elmed that the Governor had the right, under the organic to designate not only the place where the leginlature ould meet but the pee where they should hold their session. Whether he is invested with this power ornot depends upon the organic act i-selt. This is the chart which gives him all the power he had on this subject. After pointing out the mode of con. dueting the election of the first Legislative Assembly, the ect provides that, the persons thus elected to tae is- lative Assembly shail meet at such place and on such day as the Governor shall appcint.”” This is all the power given to the executive on this subject. has uot the power of fixing the temporary seat of govern- ment. vor of saying where the Legislative Aisembly shall bold their legislative sevaton, but Lge power to convene them at ths ptace he may name. This is the whole extent of bis power, and when he had once exer- cised it by issuing his proclamation convening them at Pawnee city, his power was exhausted, and he had no further control over them, There was a good reoson, and indeed 9 recessity, f.r giviug the executive the pow- er to name the place where the Legislature should first convene, but when ‘uae senvesat ant organized as a legirlative bedy, and capable of expressing a legislative will, there is no reason why he shouid have any farther control over their sessions. They are the proper judges us to the placs where they should hold thelr sess‘ons, wnd where they can best perform their official duties, and ave amenable to tne people for all their acts. The power 10 adjeurn from glace to place, to fix the tempo- rary as Well4s permanent ceat of government, is a legia- Jw ive, not an executive power, which the Legislature Les the undoubted to exercise unless restraied by some permanent law. It will mot be claimed ‘hat there is any express permsnent law restraining the Legislative Avsembly tom the exercise of this power, but that the restriction is implied from the power vested in the executive to designate the placs where they +Lail first meet. Ihe power expressly eeiegated to the executive dees not as we have already remarked give the Geverncr the right to fix the temporary seat of go- verpment or to say where the Legislature shall hold their fret seseion, It, then, the Executive has this pcwer, as claimed, he has it only by implication, and not by express grant. The attewpt is therefore mace to take from the Legislature, Ly mplication, ®Jecislative power, acd to give it by im: ylication to the “txecutive to whom, in the general dis- tribution cf powers between tue executive and legislative depertwents of government, it does not ivlong. Now it ny be ssid Gown as @ general rule, tre correctness of which will net be centrovorted, that tte executive de. par‘ment can rightfully claim the exercise of no legisla- hive power by implication, If that power is exercised by the executive it must be by express grant. That ex- press giavt in the case under consideration, is, that be sbell name the pince where they sha'l first ‘meet, not where they shall holi thtirsession. The 13th sec- lion CL this seme act in relation to Nebraska, fur- pistes a ¢ ne‘usive argument on this point.’ That provides that ‘the Legislwive Assembly of the Texitory of Nebraska shall held its first sessiva at such time wud plece as the Governor thereof shall ap- pont and divect.”” ibe power delegated to the Governor of Nebraska in this came act is to fix the place where the first Legislature sball hold its session, not mere y where they shall meet. The meaniog of the word session, ag etized in Bouvier’: Low Lictionary, a standard Amer!- can work, “is the time which a legislative body site for the trapsaction of business. a session of which ecrmences on the day appointed by law and ends when Ccngress finally ucjourns.”” It it had been the in- tention of Congress to vest in the Exezutive of this Ter- ritory the power to fix the places where the Legis- istwe should hold their first session, and not merely the pjuce where they should first meet, they would bave wed the same er equivalent language to tht used in vesting this power in the Governor of Nebraska. if we sve correct in ihe view which we have taken of this joint, there is nothing io the organic act that ndlitates egninst the valicity of the act of the Legislature jovrni: g theirsessicn trom Pawnee city to the Shawnee it is claimed that if the Legislature adjourned from Pawnee ci'y, they were bound to adjourn to Fort Leaven- worth: and this claim is bared on the supposition that Firt Leavenworth is rhe temporary seat of goverament. it is true that the 81s: section of the ic Act pro- vices, “tbat the seat of government of said Leritory, is hereby lecated at Fort Leaveaworth, and that such por- ons of the public buildings as may not be actuslly used ond needed for military purpores, may be occupied and ueed under the directioa of the Gove: nor aud Legislative Assbinbly for such public purposes aa may be required uncer the provirions of this act.’? Now when Congress wade this provision they were under the impression shat iLere were public buildings at the Fort that were not 100, and would not be aeeded Sor mall gay’ purpose, 11g thas the Legislature and public officers of the Ter- iitory could be accommodated in euch buildings. The cle mducement Congress bad in establishing the Fort as the temporary seat of government was to save the necessity of an appropriation for the erection of public “buileings, But it was subsequentiy found that there were mo public buileings in the Fort rot used and needed for military purpo-es, and on the 5th of August, 1854. Covgress passed another act, by which they proviced “tbat in the event the Secretary of War shell ceem is inconsistent wi-h the interest of the wolitary service to furnish & portion of the military bnidings at Fort Leavenwortn for the use of the Terrtto- iia! government ot Kanras, the sum of twenty-five thou dovars shel. be, and in that contingency, is hereby apy. opriated for the’ erection of public uildings for tue use of ‘he Territory ot Kaneas, te be ex; ended under the direction of the Governor of the Teri ory.” This law Was passed at the same session of the Te:ritorial act, and was Intended to furnish the means to erect buildings for ihe aceen modation of the Legislalure in case the build- ings at the fort could not be odtained for that purpose. The able head of the War Department, for reasovs ne coubt satisfactory, determined that the buildings at the fort were needed for military parposes, and consequently + Terrilorial government could not be accommodated that place. Ifthe law stopped here, the twenty-five heusand dollars could bave been used, under the direc | tion of the Governor, in the erection of buildings at the jort for the accowmedation of the Legislature. But it ees not. engi, by the act of 2d of March, 1855, provides “that there is appropriated an additional sum of 3$25,- (C0 for tke erection of builaings for the uve of tie Logis- ‘ature cf Kansas Territory, to be expended under ihe cheetion of the Goyernor ; provided +aid money or any jart. thereof, or uf any money beretofue appropriated ‘or this purpose, sball not be expended until the Legislu- tere of suid Territory shell have fixed by law the per- rerent reat of gover: ment.” Now this law takes away the power to apply a single dollar of the appropriations 10 Ibe erection of buildings for the use of the Legisla. (are until the permanent seat of government is fixed. It is dm insult to common sense to ray that the Legisla ture could only acjuurn fiom Parsnee city to Fort Lea- cnworth when they are prohibited trom using any of the boilcings at the latter place and denied the use ot vil meam "oo provite others—Congress by their legis- jaiion haxing rendered it wholly impractizable for be Legislaiure to hold their session at Fort Lea- ‘nwo th, as virtually #pnulled that section of the organic ‘act which “makes the frt the tempo rery feet of goverrment, as if they had repealed in so many words. There being them, in fact, no aly seat of government estaoliched by law, and veiner bavirg po power only to name the place ¢ the Legislature should first eet, and there veing no pa smernt law prehibiting them from adjourmax *Leir cession or establishing @ temporary seat ot govera- ment, it follews t they bad a right by law to adjourn iLcir session from Pawnee City to the Shawn e Mission, oy opy other place within the limits of the Territory. ot of convenit g the Legislature at Pawnee City, 140 ia the interirr, and on the wes'ern verge of the po- inticn of the Territory, a place where no printing or joc ft faciliries cxisted, where toe members haa to get all heir supplier srem t'¢ Missouri river, prepare thee owa u cola, 624 camp cut in the open plain, is wi hout excuse or palliation, but the stempt to retain members at lawnee City, Burrounced as they were by pestilence and cath, is en attempt at the exercise of arbitrary power whieh fortunately has no parallel in the bis‘ory of our country. But to set up tr: | «djournment whieh was re- jvred by am overruling ve sty, a8 an exouse of justl teetion for sesisting by foes the laws passed by the Le- ileture can find no coun'+) nes, we trust, with an in- c) igent and law abidicg pros). ‘he Shawnee Mission wax tic orly place in the Terri cry where suitable accommecs ios could be od ained ‘or the aeecmm ation of the «yiriatura, without the expenciture of money, which 1) ct of Congress pro- Litived, aa we hve shown. Ii w+. im fact, the place that Gov. Reeder himself had red and used fr the tempcrary coat of government. I!) ce his advent into the Territory, and commenced bis « ‘cial career, on the Tih dsy of Cetober, 1854, at Fort iss - vvorth, and kept the Fxecntive cffice at that place uns the 2th of the following Notetter, when, finding hy « be no longe cecmmodatod at the Fort, he remove che Executive cfice from that place to the Shawnee Mission, and from hat time to the present the Executive flice has been, nd is etill at the Mission, except the few days it was in onsifuficm the Shawnee Miseion to ia vnee City and Lock again, at the time the Legislature wes convened at the latter place, There fs just as much reason in requirs | 1 i ing the Fxecutive office to be kept at the sest of govern- mentas the Legirlature to hola their session there. A va- giant Executi-e office is just as inconvenient to the people . in the transaction of business, and quite ue objectionable in every point of view us an unsettied legislative body, and there is just as much law and reason in requiring the former to be located at the seat of government ax the latter. The acts of Congress being silent in both enees. But we wholly deny that the acta of a legislative body are necessarily oid ssed at a Giffereat place from the reat of government. ‘To make 80, 6ome mount law ceclaring euch a result must be shown, or at least rome prohibitory act foroidding an adjourument from the seat of government, or requiriug tue Legtsla- ture in express terms to bold their session ‘ome speci- fied place. The act of Congress is certainly rilent as to the place where the Legislature shall hold their session; tu. it only « irceta the place where they shali first meet. ‘Tue lawe passed by the ‘ture have been mort grossily misrepresented, with the view of prejudicing the pue ‘against that body, and as an excuse fur the revo- juticpary movements in this Terri‘ory. The limits of this a¢dreas will not permit a correction of all the-e mis- yvepresentationr, but we will notice some of then that have bed the most wide spread circulation. It bas been charged and widely circulated, that the Le- gislature in créer to perpetuate their rule had passed @ 1aw prescribing the qualification of voters by which it is Cec'ared “that apy one may vote who will swear allegi- e1 ce to the fugitive slave law, the Kansas and Nebraska Vill, and pay ove dollar.” such fs declared to be the evi- dence of citizensbip, such the qualincation ot voters, in eply to this we sey that no such law was ever passed by he Legislature. The law prescribing the qurlification f voters expressly provices that to enti'le a person vo ote, he must be tweaty-one years of age, an actual in- habitont of this Territory and of the county or districtin which he offers to vote, and shall have paid 9 Territorial ‘ax, There is no law requiring bim to pay a dollar tax 8 a qualitication to vote. He must pay a tax, it is true, and this is by no means sn unusual requirement in the tates,) but whother this tex is levied ou his persoual or eal property, his money atinterest, or is a poll tex, makes no difference, the payment of any Ter- sborisl tax easitles the person to vote, provided he has the ogee ag meena juired by law. Che act seems to be carefully drawn with the view of excluding all egal and satis ‘The vcter must be an inhabl- ten’ of the Territory, and of the county or distiict in which he offers to vote, and he must have paid a Territo- tia! tax. The judges and clerks are required to be sworn, end to keep cuplieate poll books, and ample provision is r nde for contesting elections and purging the polls of all itgalvotes. Itis difficult to see how a more guarded 1. w could be framed for the purpose of protecting the pu- ity of elections and the sanctity of the ballot box. the ie W does not Tequire the viter to swear to support the | ugitrve Slave law, or the Kansas and Nebraska bill, un- less he is challenged; fn that case he is required to ‘take an oath to support each of these las. As to the aollar law, ao called, it is merely a poll tax, and has no more connection with the right of suffrage than any other tex'eried by the Territorial sathoelly and iv to be paid whether the party votes or not. It a mere temporary measure, having no force beyond this year, ard was esorted to as such, to supply the Territo- ial (reasury with uhe necessary teaus to carry on the government, It bas alao been charged against the Legislatu-e that they elected oll ot the offices of the Territory for six yeme. This is without any foundation. They élected no ofticer for six years, upd the only civil officers they retain the election of, that cccurs to us at present, are the Au- oitor and Treasurer of State, and the District Attornies, who hold their office for four, and not six years. By tae Organic Act, the commissions issued by the Governor to the civil officers of the Territory, all expired on the ad- jounment cf the Legislature. Yo prevent a failure iu the local administration, and from necessity, the Legisls- ure mace a number of temporary sppointmen a; such as Probate Jucge, aud two County Commissioners and a theriff of each county. The Probate Judge and County Com. iscior ers constitute the tribunal for the traasas- tion of county business, and are invered with the power to appoint Justices of the Peace, Constables, County Sur- veyor, Recorder, Gerk, &. Probate Judges, County Com- mirsiovers, Sheriffs, &c., are al temporary appoint- ments, and are made elective py the “peopls at the first annual election in 1657. Tue Legislature could not bave avoided rceeting some temporary appoint: ments, No election could have been held wi hous them. ‘There were no Judg:s, Jasfices of the Peace or other cfiicers to conduct an election of any kind antil appoiated by the Legislature. It was the exercise of a power which the first 1agislntive Assembly in every Territory exercise in or’er to put the local government ir motion, We see nothing in this to justify revolution or a resort to force. ‘Tve law for the ‘protection of slave property has also been much misunderstood. The right to pass sucha law ts expressly stated by Governor Reeder ia his inaugural wessngé, in which he says “a Territorial Legislatare may undoubtedly act upon the question to 9 limited and par- tial extent, and may operas prohibit, tolerate or re- gulate slavery in the Territory, and ia an absolute or nmooified form, with all the force and effect of any other Legislative act bincing until repeated by the sane power that enacted it.” There is nothing in the act itself, us bas been charged, to prevent a free discus- sicn of the subject of slavery. Its bearing on society, i's morality er expediency, or whether it wouid be politic ¢r iwpolitic to make this a slave State, can be discussea Lere as frecly as in any State ‘n this Union withoat in- fringing any of the picvisions of the law. To deny the right of a perton to held slaves unaer the law in this ‘lerritory is made peval, but beyond tbis there is no re sicticn to the Ciscussioa of the slavery question in any seyect in which it is capable cf being considered. We do rot wish to be understocd as spproving of all the laws yursed by the Legislature; on the contrary, we would stave that there ai¢ rome that we do not approve of, and which are condemned by public opinion here, and which will, no doubt, be repealed or modified at the’ m-eting of the vext Legislature. But this ia nothiog more than what fiequenily oceurs both in the legislation of Con- gre8 and of the various State tures. The remedy cr such evils is to be found in public opinton, to which, sc ber or later, ina government like our;, all laws must cofem, The Big Spring convention, above alluded to, resolved that an election should be eld. tn. the severul election distr cts in this Territory on the 9th of O:tober, for the e ection of a deiegate to Congress; the Legisla‘ure, by virtue of an express provision of the orgaaic act, baviag established the firet day of October as the dey for hold- ing seid election. The reason asai by that Conven tion, in their printed proceedings, for having an election cna cay different from that fixed by law, was that “ to vote upen the rame day and at the same polls wou'd be an acknowle igment of the right of the late legislatu'e to cal! an election. Having shiwn that the Legislature was a legal body, sitting a: a legal place, it follows that the electiva on the Sth of Ucted jas a nullity, The party of the Big Spring Convention refused to vote on the day fixed by lew, because it would be recognizing the legality of the Legislature. Tbe law and order party ef tne Lerritory rejured to yote on the 9.b of October ; and at a’l other elections apyointed and held by their opponents, for the 1eason that3t would have been giving their sanction to p'! ceedings they believed to be Jlegal and subversive of wlorder, the eorsequence has been that the selt-styled Free State party have held their election tor delegates to Cengirre, aud for delegates to the Free State Convention at ‘Toy oka, without the participation in any way of the Law auc Order party ol the Territory Of the monstrous fraud® sbich are said to have characterized toat election we will rot row «peak: it ts wegthy cfremark that the whole pro- ecdings were without the sanction of law; that none of the va os which the law throws around both the ballot box wod the poll beoks existed in this case. The judges and viéths of the e’ection were not sworp, or i’ sworn at ali ty persons baving no right to admiuis'er an oath, and who viclsted ‘aw in every act of administeriag an oath vithout authority. Such dm ¢lection, conducted and wnnoged by a band of unserupulous revolutionary spivits, carocteommand muck confidence with an iutelligent enue law abicing peoyle, in view of the formation of a constitution, the first cal! ‘Wos for the fiee State party to convene and consul; toge- Iber as to the proper steps to be takea for the parpose of sorming # free state constitution. Timus it was announc- «6 in edvance what was intended to be done to form a ve State constitution, and those only favorable to that ect wie invited wo participate in tue proceedings. In € ore about to origtuate an organization for the concert of poiticnt action im electing our own officers aad moulding +0 own institu'ions, and reoslved, that this convention in view of its recent repuciation of the acta of the so "ed Kansos Legislative Assemtly, respond most heartily , the call made by \he a ow ct Kansas Te:ritory, to be cle at Topeka on the 19th instant, to consiiter the pro- j-tety of the formation ct a state constitution.” Re- svived second, “that the free state commi:tee take steps to collect such fucts relative ‘o the political condition of the Territory which will be valuable and needed in Con- urees at ite coming session.” It will be perceived that bovghc ut the whole preliminary proceedings, prepara- ‘ory to holding @ fiee state convention to form « free state @ nstitulion a* Topeka, it was avowedly the free etate party aloue who participated roware invited to par- tlapate in their rvededings. The delegates to the con- 5 ttutions! convention at Topeka were elected on the 9th o' Oetorer, a day wher it was known the Jaw and order perty of the Tertito-y would not vote, and (oud Lot vote without giving their sanction to what they deemed a revolutimary movement. ibe coueequence was that the delegates were clected to the Topeka convention to form o free ‘ate constitution, by a mere party, and upon a party move without avy regard to the opinions or wishes of a large majority of the citizers of this Territory. We have no hesitation in believing that a large por- tion of the real free State men of the Territory but who wre averse to abolitionists, have reyer in oy, way par- ticipated in the movements that led to the Topeka con- vcition Bf There men arrogate to themselves the name ot he free State party when it is notorious that a large rortion of ‘hat party wholly disepprove of their move ments, A mere henéful of men convene first at Law- eroe, then at the Big Spring, and finally estimate at the Tr pekn convention, call themselves the people, "cr of the pec ple’s convention, end the people’s constitution, when it is # notorious fact bere, that. very small por- iy of the people in this Territory hes any sympathy with them. Ail th's, like everything eise emanating ficm the same quarter is doxe for effect at a distanue, Accnsitution tormed by a mere party can bring no ipore to the trobled waters in this Territory; it can only wvate the excitement and add to impending, difficuliies. If the principle recogniz- eo iu the Keneas bill ie frithfully and houestly carried nf, the question of siavery in this Territory will be a¢‘tled by the rightful authority without disturbance or uity, But to carry out that principle in good faith, stair opportunity must be given to every inhabitant of ibis Ter ttory to Vote bis sentiment. ‘Any mere party at- te fein @ conativution and ob‘ain admission iato ite Union, under it, is such @ monstrous violation ot the giont prieiple reccguized in the Kansas bill, that the yeople of the Territory baye a right to determine for themselves whether they will or not have slavery, pat we ieel conficent such @ movement can receive no fiver from spy portion of the community unless it ‘that cloes ot people who are swayed by prejudice, or cauicd awey by 1he untamed spirit of wild fanatt- com If it is destratlo in the judment of the coua- iry te hove the question of slavery settled ia this Territs ry, the law and order party ‘wil interpore no cijections. We do not believe that We are prepared, or rh 11d be to our best interest, at this time, to as- burcens unc respontlbi ities of a State go- veinment. Weare willing at any time to sacrifice our local interest for the ha:muny of the country and the in- tegrity of the Union. But we bape singe! anticipate on Con; at its 9 0, wi proseedings of the” et Hmm Fatrners end truth require us to state that Kansas hax not the je site population to justi us, with a constitution fairl formed, to sek for admission into the Union. Gei Whitfield received about three thousand votes for Con- yess. Lt is sad that about the same uumber was cast Governor Keeder. Assuming as true, for the sake of argument, that no illegal votes were cast st either elec- tion, it will at least be tair to assume that there are not more than seven thousand voters in the Territory. Now in this new country there is an immensely greater num- ber of men without families heir in the cope: ana end an estimate of fonr, or at most five persons to the your is as large as the facts will justify. This will give from twenty-cight to thirty-five thousand inhabitants to the Territory, or about one-third *he number, which would entitle Kansas to a representative in Congre But t! dmission of Cahfornia is frequently referred to in suppcrt of this Topeka movement. Neithe: the com- ative population nor any other fa:ts connected with 6 movement in Kansas, wany correspondence be tween the two cases. The population of California at the time of her admissioo foto the Union was over one hun- dred thousand, The Koa bbe! to form a constitution were elected under @ proclamation issued by Gen. Kicy, the military Governor of the Territory, aud the whole proceedings were conducted frm first to last ia stri:: conformity to Fegulations emanating from the legal a.- thorities of the tory, and without xarious opposidon Later 7 nomen nceed _y of sua cenarsen Pp of Congress. ongress, however, ‘dim rhould deem it for thetefost of tio in their wh: whole country that Kansas should be admitte! as a State to the Union, and snould at the same time in conformity to custom and urage press a law authorizing the people of this Territory to form a constitution and State govera- ment, for the purpose of being udmitted into the Union on an equal footing with the original States, the law and order party of this Territory will most cheerfully acquiesce in such a measure. Then every voter in the Tertitory will have a fair opportunity to his sen- timents on the subject of slavery. There will then be ne ground for cne party to say the other has taken the ad- vantege. The majority thus fairly secertained will de- termine the qaestion. The will of that majority when fairly expressed, whether for or against slavery, will 9® acquiesced in by a large mejority, no: only ot the peoole of this Territory, but it is believed of the Union. The setilement of the question in this way, will bring tepose to the whole country, whilst to give countenance constitution formed. by a mere party—a portion of the people—would greatly increase tno existing excitement, and might pp up the fire of civil war, and consume the fair fabric of our glorious Union. im corelusion we have to say, that, whig and democrat, pro-slavery men und fice State men, mek- ing @ sasrifice of #ll party names and organizations upon the altar ot the puolic good, have reswlved to be known hereafter as the law and order party or “State shts Party’? of Kaneas, and have given to the world, and pledged their united faith in mupport of lutions @ platform ‘ef principles laid down in the reso which follow. Upon that platfo:m they will stand insist- ing upon the execution of the laws; the maintenance of the principles of the Organic Act of the Territory, affirm. ing for the citizens of Kansas the right to frame their own instituticns in their own way, resisting and re- pelling all interference from abrcad, let it come from what quarter it may, claiming for ourselves the capacity of self-government, to be the friends of tae Union, and of the rights of the Sta es. We ask of our friends abroad only the benefit of thelr advice, sympathy and prayers for our sugcess, and hope to merit their approving judg- ment, Wilson Shannon, John Calhoun, Geo. W. Perkins, "4 G, W. Johnson, Johu A. Halderman, A, Rodrigue, Tra Norris. LeaVeNWortH Cry, Kancas Territory, Nov. 30, 1855. 1. B. Donalsy CounrerizS on Fire IN PENNSYLVANIA. — Toere are now four coilieries on fire a varivus parta of tae ccal region, The firstis at Coal Castle, the second at Tawaqua, the third at Beaver Meadow, and the fourth on the Mill Creek, between St. Clair and Port Carbon, in a colliery which belongs to Wallace & Kothermell, which has been unworkaoie for the Jast three weeks, though we are informed that the fire has been smouldering there for teveral years, and as yet, we believe, no steps have been token to extinguish it—neither has any attempt been inade, as far as we can learn, to extinguish the fire at Beaver Meadow. At Coal Castle the “Bucnii ‘alar’? has for many years attracted attention and afforded para- gyapbs for the papers. The fire still smouiders ia its erns beneath the Broad Mountain, but its pro- gress 1s evidently slow, as the small quantity of atmos pheric air that can pemerrate through the thick strata of eurth and ashes which cover i: is not enough to support ecmbustion; neither can it penetrate beneath w water level, and its ravages have beon and still are con- neo ina western direction. Ifthe Jugular unites with tke Mammoth, as it undoubtedly does, there may be reagon to suppose that it will, in time, if not subdued or cut off, communicate with it—but ‘the danger can- not be great, since the cos! in that direction has been generally extracted above water level. there is every prospect of extinguishing the fire in the Tamaqua vein, votwithstanding publicopinion to the contrary. ‘Tne former unsuccessful attempt does not by any m-any ren- der future attempts abortive. On the contrary, the re- sult of the firs: trial was such ag to warrant new efforts to extinguish it, and so complete are they now, that there teems to be no chance for a second failure, Tne mode made use ef by Mr. R. A. Maingy, which is the seme as that need for the same Purpose, ‘with invariable success, in the mines cf Great Britain, will extioguish the most xtensive fire if properly brought in contact with it, ae flectunily as if the burning mass was plunged into the acific, The gas will be ejected into thy burning mine, or two or three weeks longer, until the ignited body is entirely enveloped and satursted with it, and then the locality of the fire will be allowed to remain for two or three months, completely enclosed and iso'ated from the atmesphere before being sgain opened. The aus- tained by the burning of the coal will be very small. The fire having fortunately originated in an old pillar, many hundreds of yards from the main body of coal, above water level, and the ocat cf extinguishing it will ‘be, for the object to be attained, comparatively trifling —Potts- ville Miners? Journal, Obituary, The Danville (Ky.) Zritune ann2unces the death of Mr. John Sneed, of Bayle year of hisage, and adds county, Virginia, the 2d day of February, 1755, was for some years the Secretary of Thomaa Jeffe-son, then vol- unteered in an expedition egainst the Cherokee Indians, and after that beeame a soldier in the Revolutionary stroggle, in whi-h service he continued until the close of the war. He was with Washingion at Valley Fo oui the privations of that disastrous peri wards fought under the same great chiefrsin at Mon- mouth, and was one of that gallant army who received the thanks of Congress for their conduct in this engage- ment. He was tEen detailed, witha number of picked men from various regiments, to the command of Colonel Mo:gan, and finally went to the South with Green, under whom ke served until the expiration of the war. ‘At the battle of Guilford he was taken prisoeer, and when con- ducted into the presence of Lord Cornwallis, the follow- ing question was put to bim by that nobleman:—“Where ix the baggage of the American army?” “Out of your reach, sir,” was the reply. “Why sc?” ‘Because the American’army is between you and it.”” When peace re- turnes, he emigrated fron) Virginia to this State, and here lived until almost 101 years old. His one hundredth birthday was cele rated in Febcuary last, at the residence ot his von, by a centennial dinner, where he met many of his relations and friends. THE PENNSYLVANIA Coat Trape.—The Miners? Journal (Pa.) states that nearly all the colieries are sus perded in that region for the present; the operators are engaged in rettiing up the year’s business, and from pr sent prospects but little coal will be mined ia the region during the winter season, except that which is taken ous of the working of pangwaye, ‘and other ‘dead work,’? which is nesessary to be done to prepare the mines for next spring’s business, county, in that State, in the 10st He was born in Albemarle Powrrican INTELLIGENCE. of Utica, is not reported a Clerk of the Assembly. ———————— FINANCIAL AND ‘COMMERCIAL. MONEY MARKET. Satvrpay, Jan. 5—5 P, M. The stock market was a little more buoyant this morn- ing. There was considerable activity in Erie and Nica- ragua, but the aggregate transactions were leagthan the usua! amount, At the first board Nicaragua Transit 22.+ vanced 1; per cent; Cumberland Coal, 3; Cleveland and Toledo, 34; Chicago and Rock Island, 14; Ecia Railroad, %4; Harlem, 34. Raflroad bonds remain without change. Erie hos taken another start, and there appear to be some strong buyers in the market. I: opened at 507% and cloned at 613, percent. There were large salos, prin- cigally on time, The absence of steamers overdue from Europe, has a tendency to check transactions, The brokers are waiting further advices from the other side. There is no +peculaiion in the market, and we doubt it favorable news from Kurope would just now give an up- ward impetus to prices. A# a general thing they are al. ready £0 much inflated that outsiders dare not touch any Kind of stocks, The market was well sustained this afternoon. E:ie was quite active, and improved % per cent. Nicaragua remains without change. Harlem advanced 4 per cent; Cleveland and Toledo, 1; ; Michigan Central Railroal, . The steamehip Pacite, from this port for Liverpool to. day, carried out $21,615,50 in specle, The total export for the week amounted to $23,210 50. The New Amsterdam Fire Insurance Company have de- clared a semi annual dividend of six per cent. The Bank of Whitestown, a semi-annual dividend of four per cent. The Fizemen’s Insurance Company, of Boston, a semi- annual dividend of twelve per cent. The Hamilton Woollen Company, Southbridge, Mass., five per cent. The Sandwich (Maee.) Glass Company, four per cent. The warrants entered at the Treasury Department, Washington, on the 34 inst., were as follows: — For the redemption of stoo! For the Treasury vepartmen For the Interior Department. For the Customs,..... tees From miscellaneous sources, From Iand@.....ceeeeeee The following is today’s business at the Assistant ‘Treasurer’s office :— ‘Mr. Ellis H. Roberts, candidate for the office of Paid on Treasury account,..... $74,880 66 Received do. « 136,016 66 Balance do. 206,750 22 Paid for Asray (fice 169,023 18 Paid on disbursing checks... 90,436 41 Balance credit on ali account 10,338,377 20 ‘The annexed statement exbibite the quantity and value