Kansas weekly herald., 1855-07-14


dustriously prosecuted IN the past history o
our country by the destructive spirit of alb.
olitionism can never be productive of aught
4 but evil andtls calculated inan eminent de-
gree to obscure the glories of the past, tc
evoke the foulest spirit of discord among the
citizens OF our common country, and also
to mar our brilliant future, if not to endan-
i ger the existence Of our cherished Union.
A want of fidelity to the solemn compacts
of the constitution and an attack upon the
rights of the States which are guaranteed
/ by it, can have no justification or excuse.
This view of the case however is not to be
confounded with the discussion and settle
ment of the slavery question In our Terri
tory In its bearings upon the formation of
our institutions. That has been referred
to US as an open question by the legitimate
action of the Nation, and here il is not only
the privilege but the duty of every man to
speak his opinions freely and enforce them
peaceably and fairly. Advocate and op-
ponent stand on the same ground and must
| mutually concede to each other the identi-
cal measure of right which they claim for
themselves. Freedom of opinion and free
dom of discussion without hcentiousness are
of the very essence of republicanism at all
times are peculiarly to be respected here.
The permanent character and high author
ity of State Constitution and the fact of
its submission to direct vote of the peo-
pie of the Territory indicate that event as
a signal occasion for the decision of that
peculiar question. In the meantime, how
ever, Territorial Legislature may un-
doubtedly act upon the question to limit
ed and partial extent, and may temporarily
prohibit, tolerate or regulate slavery in the
Territory, and in an absolute or modified
form with all the force and effect of any
other legislative act binding until repealed
by the same power that enacted it.
Among the several objects of legislation
which are referred to your action by the act
organizing the Territory, is the creation
and defining of counties. The non-com-
pletion of the surveys would seem at first
to require resort to natural boundaries in
the performance of this work, but from a
flee Of the Surveyor General and kindly
furnished me for the purpose it is probable
the county lines may be designated in ad-
vance at least over portion of the Terri
tory. You will decide whether it is expe-
dient to provide that the said designation
shall be made before the lines are run on
the ground. Ofthe Eighteen ranges east
On the base line, and the thirty-five town
ships south, the lands lying within town
ships one to fifteen South of Range nine
to eighteen East, and continuing on to the
Missouri river and State line will be first
surveyed. Outside of these limits it per-
haps would be premature to adopt the pro-
jected lines of survey as boundaries of
counties. The map alluded to is submitted
with this communication.
The census of the Territory taken, under
the provisions of the act of Congress ex-
hibits a return of two thousand nine hund-
red and four qualified voters, and an entire
population of eight thousand fve.hun-
dred and twenty -one persons, exclusive of
Indians and officers, soldiers and employ
ees of the army Of the United States, not
residing in the Territory. The census re-
turns which are submitted for your inspec-
ton contain a considerable amount of sta
tistical information, such as the place of
emigration, ages, occupations, Sc. This
population consists of ye-thousand one
hundred and thirty-eight males, and three
thousand three-hundred and eighty-three
females, and 1t is fact worthy of remark
as peculiar to great extent to this Terrific
ry that they are not as usual, collected
about one point or along frontier line,
but are dispersed over district of more
than $4,000 square miles. This state of
things, although it has its inconvenien-
ces at present, is nevertheless highly
gratifying, as it indicates that our Territory
has many points of strong interest, and
promises an early development of our re-
sources.
In obedience to the act of Congress
ded the State into Judicial Districts, desig-
mated the places for courts, and assigned
the Judges as stated in my proclamation
of the 26th of February last, which to-
gether with all the other proclamations.
from the Executive department will be
submitted to you. The designation of
terms of the Supreme Court was purposely
omitted for the reason that my action was
only provisional until the subject could be
committed to your charge, and the jurisdic.
ton of the court as yet being probably
only appellate there could be for some time
no business to evoke its action.
The provisions for County Courts and
the officers connected with them, and the
other officers of the Territory which you
may consider necessary-the laws for reg
ulating and holding elections-the qualif-
cations of voters-the Jurisdiction of the
Supreme and District Courts-the election
or appointment of Justices of the Peace and
Constables-their powers and jurisdiction
the means Of settling decedents estates
$50 far as their several matters are unpro-
vided for by existing laws, together with
other obvious subjects, need no special COM
ment from me. In regard to Constables
and Justices, however, I desire to state