The Kansas herald of freedom., 1855-07-14
Governors Message.
To the Honorable, ,tAe Council and House
Of Representatives Of tie Territory d:
Kansas -

hsRsos -
Having been duly notified that you
respective bodies are organized for tht
performance of your official functions,
herewith submit TO you the usual exccu
tive communication relative to subject.
of legislation, which universal and lone
continued usage in analogous cases would
seem to demand, although no express re-
quirement of it is to be found in the act
of Congress which has brought US into
official existence, and prescribed our sew
eral duties.
The position which we occupy, and
the solemn trust that is confided to us,
for originating the laws and institutions,
and moulding the destinies of a new re-
public, in the very geographical center
of our vast and magnificent Confedera-
ton, cannot but impress uswith deep
and solenli sense of the heavy response
bilities which We have assumed, and ad-
monish us to lay aside all selfish and
equivocaEmotives to discard. all unwor-
thy ends and in the spirit of justice and
charity to each other, with pure hearts,
tempered feelings, and sober judgments
to address ourselves to our task, and so
perform it in the fear and reverence ei
that God who oversees our work, that the
star We expect to add TO our national
banner shall be dimned by no taint OF
tarnish Of dishonor; and that when re-
viewed from the trying and scrutinizing
stand-p point of the future, we shall be sub
ject to no reproach. save that which
springs from the inevitable of Just and
upright men.
In tie business of Legislation, the very
first necessity is the ascertainment of the
existing law; as it is impossible to deter
mine what We need, in that respect, un-
I'll we ascertain what we actually possess.
1t viii be found, think, upon slight in
Yestigation, that we are already provided
with an ample aud valuable store 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 periods since the treaty
of April 3Dth, 1908, with the French re-
public, a portion of the district of Louis
lana, 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
those periods. Immediately after the
acquisition Of the Territory OF Louisiana,
by the treaty before mentioned, provision
was made by act of Congress, passed 31st
October, 1868, for its temporary govern
ment, which continued the civil, military
and judicial powers then existing until
the expiration of the first session of the
eighth Congress. On the 26th of March,
1864, being the day before the close of
said session, the said Territory was divi-
ded into the Territory of Orleans and the
District of Louisiana; and the 33i par
allel of north latitude from the Missis-
sippi river west, was designated as the
boundary line between the two; that, in
cluding, the present Territory of Kansas
is the northern division; and by the same
act, this portion, by the name of the
District of Louisiana, was subjected to
the Territory of Indiana, and became a
part of it.. The Territory of Indiana had
been a portion of the old North Western
Territory, which was first organized by
The ordinance of July 13, 1897. This
ordinance was subsequently adapted to
the provisions of the Constitution of the
United States, by act of Congress of Au-
gust Z, 1889, and by act of Congress
passed May 7, 1900, a portion of this
North West Territory was organized as
the Territory of Indiana, to which, as
already stated, the District-of Louisiana
was annexed. On the Sd of March,
1905, the District OF Louisiana was again
severed from the Territory Of Indiana,
and organized by tire name of the Terri
tory of Louisiana, and on the 4th day oil
June, 1879, was converted into the Ter
ritory of Missouri, with considerable
modification of the rules for its govern
ment.
1t will thus be seen, as | have stated,
that the country composing our Territory
has been successfully subjected to the
French code existing at the acquisition
of Louisiana, by the treaty of Paris-to
the laws of Indiana, derived from the
North Western Territory, as well as those
enacted for Indiana after It's severance
to the laws of the Territory of Louisiana,
and the laws of the Territory of Mis-
souri,. The severance of portion of the
latter Territory, and It's erection into the
State of Missouri, in tie year 1891, did
not, in my opinion. 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 1877, amended
in 1909, it was provided that certain
legislative power should be vested in the
Governor and Judges, who were directed
to adopt and publish such laws, criminal
and civil, of the original States, as they
might consider necessary, which were
to remain in force unless altered by the
Legislature. 1t was also provided by
of Congress, among other
things, that the inhabitants should .ssal-
+" ways be entitled to the benefit of the
"writ of ha6eas eorpus. and of the.trial
"by jury of a proportional representa-
"tion of the people in the Legislature.
"and of judicial proceedings according
Ito the course of the common law"
By the act of May 4, 1900, erecting
the Territory of Indiana, government
was provided "in all respects similar to
"thst provided by theordinance of Con-
gress passed July l3, 1899, for gov
.'erument of the territory of the United
/" States north ofthe river Ohio: and the
inhabitants shall enjoy all and singular
!" the rights, privileges, and advantages
g granted and secured to the people by
. the said ordinance" And the same
powers we're conferred, aud duties en-
joined upon It's officers. as had been ex-
ercised By the officers Of the North West
ern Territory under the said ordinance.
By the act of March a6, 1904, annex
intr the District of T,onisiaDa Il, indiana