Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-07-24
X A N 5 A 5.
GOVERNOR KEEDER,s MESSAGE.
To the honorable, the Council and House Of Repre-.


bodies have organized for the performance of your
official functions, herewith submit TO you the
usual executive communication relative To sub
jects of legislation, which universal and long con-
tinued usage in analogous cases would seem to
demand, although no express requirement of it is
to be found in the act of Congress which has
brought us into official existence, and prescribed
our several duties.
The position which we occupy, and the solemn
trust that is confded TO us for originating the laws
and Institutions, and moulding the destinies of a
new republic in the very geographical center Of
our vast and magnificent confederation, cannot
but impress us with deep and solemn sense Of
the heavy responsibility which we have assumed,
and admonsh us to lay aside all selfish and equiv
ocal motives, to discard all unworthy ends, and
III the spirit of justice and charity to each other,
with pure hearts, tempered feelings, and sober
Judgments, address ourselves to our task, and so
perform it in the fear and reverence of that God
who oversees our work, that the star we expect
to add to the national banner shall be dimmed by
no faint or tarnish of dshonor, and that when
viewed from the. trying and scrutinzing stand
point OF the future, we shall be subject to no re-
proach save that which springs from the newt
able fallibility Of just and upright men.
In the business of legislation, the very first ne
cessity is the ascertainment Of the existing law;
as it is impossible to determine what we need in
that respect, until we ascertain what we already
possess. 1t will be found, think, upon slight in
yestigation, that we are already provided with an
ample and valuable store Of laws for the redress
of civil wrongs, and the punishment of criminal
offences, which will materially diminish your la
bors.
The present Territory of Kansas has been at
various periods since the treaty of April 80, 1903,
with the French Republic, portion Of the Dis
trict Of Louisiana, Of the Territory of Louisiana,
the Territory of Indiana, and the Territory Of
Missouri and it becomes necessary to take brief
review of the legislation Of Congress relating to
it, during each Of these periods Immediately
after the acquisition of the Territory of Louisiana
by the treaty before mentioned, provision was
made, by act of Congress passed 3lst October,
1903, for its temporary government; which con-
tinued the civil, military, and judicial powers
then existing, until the expiration of the first SEES
sion of the Eighth Congress. On the Goth of
March, 1904, being the day before the close of
said session, the said Territory was divided into
the Territory of Orleans and the District of Lou
isiana; and the thrty-th parallel of north lat-
tude from the Mississippi river West, was desg-
mated as the boundary line between the two-thus
including the present Territory of Kansas in the
northern division; and by the same act, this por-
ton, by the name of the District of Louisiana,
was subjected to the government Of the Territory
of Indiana, and became part of it. The Terri
tory OF Indiana had been portion OF the old
Northwestern Territory, which was first organ
lied by the Ordinance of July Is, 1887. This
ordinance was subsequently adapted to the prov-
sions Of the Constitution Of the United States, by
act of Congress Of August 7, 1888; and by act of
Congress, passed May 7, 1900, portion of this
Northwestern Territory was organized as the
Territory of Indiana, to which, as already stated,
the District of Louisiana was annexed. On the
Sd day of March, 1905, the District of Louisiana
was again severed from the Territory Of Indiana,
and organized by the name of the Territory of
Louisiana, and on the 4th day of June, 1912, was
converted into the Territory Of Missouri with
bla IF tha rulac for tie
eminent
1t will thus be seen, as have stated, that the
country composing our Territory has been sue
cessively subjected TO the French code, existing
at the acquisition of Louisiana, by the treaty of
Paris-to the laws of Indiana, derived from the
Northwestern Territory, as well as those enacted
for Indiana after its severance-to the law of the
Territory of Louisiana, and the law of the Terri
tory Missouri. The severance of portion of the
latter Territory and its erection into the State Of
Missouri, in the year 1921, did not, in my opin-
Ion at all affect the laws in force outside of the
bounds of the State, which remained as valid
after that event as they were before.
Under the ordinance of 1887, amended in 1889,
il was provided that a certain legislative power
should be invested in the Governor and Judges,
who were directed to adopt and publish such
laws, criminal and CIVIL of the original States,
they might consider necessary which were TO re-
main in force unless altered by the Legislature
1t was also provided by authority of Congress,
among other things, that the inhabitants should
"always be entitled to the benefit Of the writ of
habeas corpus and Of the trial by Jury, of pro-
portionate representation o. the people in the
Legislature, and Of judicial proceedings accord
ing TO the course Of the Common law"
BY the act Of May Z, 1900, erecting the Terri
tory of Indiana, Government was provided Sin
all respects similar TO that provided by the ordi-
nance of Congress passed July 10, 1887, for the
government of the Territory Of the United States
north of the river Ohio and the inhabitants shall
enjoy all and singular, the rights, privileges, and
advantages granted and secured to the people by
the said ordnance" and the same powers were
conferred and duties enioined upon its officers as
had been exercised by the officers Of the North
western Territory under the said ordinance.
BY the act Of the Goth March, 1904, annexng
the District Of Louisiana to Indiana Territory,
power was given TO the Governor and Judges ''to
make all laws which they may deem conducive
TO the good government Of the inhabitants there
OF, and il was also further provided, othat the
Judges shall possess the same jurisdiction they
possess in the Indiana Territory" This arrange
ment, however, was of short duration, for in less
than year the Territory Of Louisiana was erect
ed by law which took effect on the fourth day
Of July following, and Congress then vested the
entire legislative power in the Governor and
Judges, securing trial by jury in all criminal pros
ecutions and in all civil cases involving over one
hundred dollars; if demanded, and saving of all
laws previously in force in the district and not in
consistent with the act Of Congress.
The act Of 1912, changing the name Of the Ter
ritory to Missouri, and taking effect on the firts
Monday of December following provided a more
efficient and thorough organization, and was
much more comprehensive in its details, vesting
the legislative power in General Assembly, but
taking care TO provide that the people should
"always be entitled to judicial proceedings nc
cording TO the course of the common law and the
laws and usages in force in the Territory, and
that the laws and regulations in force in the Ter
ritory of Louisiana, at the date of the act, and
not inconsistent Herewith, should continue in
force until changed by the Legislative Assem-
bly,"
The act Of Congress organizing the Territory
of Kansas does not alter the Congressional lcgis-
lation as left on the first Monday Of December, |
1912, andits results through the Territorial Leg
isature, except that il repeats all former laws re-
cognizing or prohibiting slavery, and applies all |
laws Of the United States not locally inappcable,
by which we are TO understand all United States
statutes enacted for other localities which are ca
Pable Of being transplanted and adapted to our
Territory.
The Legislatures Of the Territories Of Louisiana