Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-05-31
SPECIAL MESSAGE OF THE PRESI-
DENT OF THE UNITED STATES
WAsHINGToN, Jan. "a, 1856.

circumstances have occurred 10 ulstuIo INC
course Of governmental organization III the
Territory of Kansas, and produce there con-
dilion of things which renders IT lncumpenton
me to call your attention TO the SUBJECT, ana
urgently recommend the adoption by you OF
such measures of legislation as the grave exl
gencies of the case appear TO require.
A brief exposition OF the circumstances re-
ferred 10, and of their causes, will be necessary
TO the full understanding Of the recommends.
tons which it is proposed to submit.
The act to organize the Territories of Ne
braska and Kansas was manifestation OF the
legislative opinion of Congress on two great
points of constitutional construction: One,
that the designation Of the boundaries OF
new Territory, and provision for its polltlcai
organization and administration as Territory,
are measures which of right fall within the
powers of the General Government; and the
other. that the inhabitants OF any such Terri
tory. considered as an inchoate State, are en-
titled. in the exercise of selt-government, 10
determine for themselves what shall be their
own domestic institutions, subject only 10 the
Constitution and the laws duly enacted by
Congress under it. and to the power of the eX-
listing States to decide, according to the provl-
sions and principles of the Constitution, at
what time the Territory shall be received as
State into the Union. Such are the great po-
litical rights which are solemnly declared and
affirmed by that act.
Based upon this theory, the act of Congress
defined for each Territory the outlines OF re-
publican government, distributing public au-
thority among lawfully-created agents-execu,
tive, judicial, and legislative-to be appointed
either by the General Government or by the
Territory The legislative functions were en-
trusted to Council and House OF Represen-
tatives duly elected and empowered to enact
all the local laws which they might deem es-
sential to their prosperity, happiness, and good
government. Acting in the same spirit Con
gress also defined the persons who were in the
first instance to be considered as the people OF
each Territory: enacting that every free white
male iuhabitant of the same above the age of
twenty-one years, being an actual resident
thereof and possessing the qualifications here
after described, should be entitled to vote at
the first election. and be eligible TO any office
within the Territory; but that the qualihca-
tons of voters and holding Office at all subse-
auent elections should be such as might be
prescribed by the Legislative Assembly: Pro
vided. however, that the right OF suffrage and
of holding Office should be exercised only by
citizens of the United States, and those who
should have declared on oath their intention
10 become such, and have taken an oath 10
support the Constitution of the United States
and the provisions Of the act And provided,
further, that no officer, soldier, seaman, or
marine, or other person In the army or navy OF
the United States, or attached to troops IN
their service, should be allowed to vote or hold
Office in either Territory by reason of being on
service therein.
Such of the public officers Of the Territories
as, BY the provisions of the act, were to be ap
pointed by the General Government, including
the Governors, were appointed and commits
stoned in due season-the law having been en-
acted on the 30th of May 1854, and the com
mission Of the Governor Of the Territory of
Nebraska being dated on the % day of Au-
gust 1854, and of the Territory of Kansas on
the 29th day Of June, 1854.
Among the duties imposed by the act on the
Governors was that Of directing and superin-
tending the political organization of the re-
spectve Territories. The Governor of Kansas
was required to cause a census or enumeration
Of the inhabitants and qualified voters of the
several counties and districts of the Territory
10 be taken by such persons and in such mode
as he might designate and appoint; to appoint
and direct the time and places of holding the
first elections, and the manner Of conducting
them, both as to the persons to superiniend
such elections and the returns thereof; TO de-
clare the number Of the members of the Coun-
ell and House of Representatives for each
county or district; to declare what persons
might appear TO be duly elected and TO APP
point the time and place Of the first meeting Of
the Legislative Assembly In substance, the
same duties we're devolved on the Governor Of
Nebraska.
While, BY this act, the principle of constitu-
ton for each Of the Territories was one and the
same, and the details Of organic legislation re
garding both were as nearly as could be ident
ical, aud while the Territory of Nebraska was
TRANQUILITY and successfully organized in the due
course Of law, and its first Legislative Assem-
bly, met on the 10th of January, 1855, the or.
ganizaton Of Kansas was long delayed, and
has been attended with serious difficulties and
embarrassments, partly the consequence Of
local NAL administration and partly Of the un-
iusti6able interference Of the inhabitants Of
some Of the States, foreign by residence, inter
ests, and rights Of the Territory.
The Governor Of the Territory Of Kansas
commissioned, as before stated, on the 18th of
June. 1854, did not reach the designated seat
Of his government until the 9TH Of the ensuing
October: and even then failed to make the first
the census or enumeration Of its inhabitants-
until 50 late day that the election Of the mem
bers Of the Legislative Assembly did not take
place until the 30th Of March, 1855, nor its
meeting until the second Of July, 1855; so that,
for year after the Territory was constituted by
the act Of Congress, and the officers to be ap
pointed by the Federal Executive had been
commissioned, il was without complete gov
eminent, without any legislative authority, with
ont local law, and Of course without the ordi.
nary guarantees Of peace and public order.
In other respects the Governor, instead Of
exercising constant vigilance and putting forth
all his energies TO prevent or counteract the
tendencies 10 illegality which are prone to exist
in all mperfectly-organized and newly-asso
ciated communities. allowed his attention TO
be diverted from official obligation by other
objects, and himself set an example Of the
violation Of law in the performance Of acts
which rendered it my duty, in the sequel, 10
remove him from the Office Of chief executive
magistrate Of the Territory.
Before the requisite preparation was accom-
plshed for election Of a Territorial Legisla.
ture an election OF Delegates 20 Congress had
been held IN the Territorv on the Doth day of