The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-07-22

/ Of The Tsrrttory Of Kansas
Having been duly notified that your respective bodies
have organized for the performance of your official uno
TONS herewith submit TO you the usual executive com
munication relative subjects Of legislation which unlrer
sal aud ong-continued usage in analogous cases would
demand although express requirement OF 1t Is
be found in the of Congress which has brought us
into official existence and prescribed our several duties
The position which occupy, and the solemn trust
that is conhded for originating the laws and insttu
ons and moulding the destnes OF new republic III the
very geographical OF and magnificent con-
federation but impress with deep and solemn
Of heavy responsibility which have assumed
and admonish lay aside all selfish and equivoca mo
tvcs discard all unworthy ends, and in the spirit OF
justice and charity each other with pure hearts TEN
peed feelings and sober Judgments address ourselves 70
task and perform it in the fear and reverence OF
that God who work that the star we expect
10 add the national banner shall be dimmed by no tam
or arnsh of dshonor and that when viewed from the
trying scrutinzng standpoint of the future we shall
be subject eproaeh that which springs IRON the
! inevitable fallibty ofjust and upright men, !.
In the business of legislation the very FIRST necessity Is
the asoertanmen of the existing law is impossible to
determine need in that respect until we ascertain
what we already possess 1t will be found think, upon
slight investigation that already provided with an
ample valuable of laws for the redress Of civil
wrongs and the punishment Of criminal Offences which
| will materially diminish your labors.
The present Territory Of Kansas has been at various Pc
RODS since the treaty of April 30 1903 with the French
republic portion of district Of Louisiana of the Terri
tory Of Louisiana the Territory Of Indiana, and the Terri
tory Missouri and il becomes necessary to take brief
review Of the legislation of Congress relating to it during
each of these periods. Immediately after the acquisition
Territory of Louisiana by the treaty before mem
toned provision made by act of Congress- passed 3lst
October 1903 for its temporary government which conn-
ued the civil military and judicial powers then existing
until expiration of the first session of the 9Th Congress
On the 26h March, 1904 being the day before the close OF
said session. said Territory divided into the Territory
the district of louisiana and the Bad parallel
of north latitude from the Mississippi river west was de-
sgnaed the boundary line between the twohus inclu
ding the present Territory of Kansas in the northern d.
vision and by the this portion by the name OF
the district of louisiana subjected to the government
Of the Territory of Indiana and became part oil It. Inc
Territory Indiana had been portion OF the old North
western Territory which first organized by the ord-
Of July 49, 1887 This ordinance was subsequently
adapted to provisions of the constitution of the United
States by act Congress of August y 1885, and by the
act OF Congress passed May I, 1900, portion Of this
Northwestern Territory organized as the Territory OF
indiana which, already stated, the district OF Louis
lana annexed On the 3D. of March, 1905 the district
of Louisiana again severed from the Territory OF In
diana and organized by the the Territory of Louis
ana the 4h day of June 1872 was converted into
the Territory Of Missouri with considerable modification
( Of the rules for its government
1t win thus be seen, have stated, that the country
composing Territory has been successfully subjected to
the French CODE existing at the acquisition OF Louisiana
by the treaty Parso the laws of Indiana derived from
The Northwestern Territory well rs those enacted Tor
Indiana after the law Of the Territory of
Louisiana and the law Of the Territory OF Missouri The
of portion of the latter Territory and its cree
ton into the State of Missouri in the year 1921 did not
in my opinion all affect the laws in force outside OF the
bounds Of the State which remained valid after that
| event they were before.
Under the ordinance Of 1887 amended in 1885, it
provided chat certain legislative power should be vested
in the governor and Judges who directed to adopt
and publish such laws criminal and civil OF the original
States rs they might consider necessary which were to
in force unless altered by the legislature II was
also provided by authority of Congress- among other
things that the inhabitants should always be entitled to
the benefit the writ Of hd6eas corpus and of the trial by
jury of poportonae representation Of the people in the
legislature and of judicial proceedings according to the
| course of the common law
By the act Of May l. lsoo erecting the Territory OF In
DIANA government provided "in all respects similar
that provided by the ordinance OF Congress passed July
49, 1887 the of the territory OF the United
States north Of the Ohio and the inhabitants shall
enjoy all and singular the rights privileges, and advan-
tages granted and secured the people by the said ord
nancen and the powers conferred and duties
enoned upon its officers had been exercised by the Off
of the Northwestern Territory under the said ordi
/ nance.
By the act 26th March, 1904 annexng the district
Louisiana Indiana Territory power was given to the
governor and Judges ITO make all laws which they may
deem conducive the good government OF the inhabitants
thereof also further provided shat the judges
shall possess the jurisdiction they possess in the In
diana Territory This arrangement however, was OF short
duration for in less than year the Territory OF Louisiana
was erected by law which took effect the fourth day
of July following and Congress then vested the entire
legislative power the governor and judges securing trial
by jury in all criminal prosecutions and in all civil cases
involving hundred dollars if demanded, and
saving all laws previously in force in the district and not
inconsistent with the net of Congress.
The OF 1872 changing the Of the Territory to
Missouri and taking effect the first Monday of Decenl-
Der following provided for efficient and thorough
organization, and much comprehensive in its de-
tails vestng the legislative power in general assembly
but taking provide that the people should aways
be entitled judicial proceedings according to the
Of the common and the and usages in force in
the Territory and that tho laws and regulations in force
in the Territory of Louisiana at the date of the and
inconsistent herewith, should continue in force until
changed by Legislative assembly,
The act of Congress organizing the Territory Of Kansas
does alter the congressional legislation left the
first Monday Of December, 1872 and its results through
the territorial Legislature except that it repeats all former
laws recognising prohibiting slavery and applies to oil
laws Of the United States not locally inappicabe by
which we are to understand all United States statutes
transpanted and adapted to our Territory.