Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1856-02-01
suec,a1 Message from the President.

A
Special Message from the President
The subioined message from the President of the
United States was transmitted TO both houses of Con-
gress last week.
To the Senate and House of Representatives
Circumstances have occurred to disturb the course
of governmental organization in the Territory of Kan
sas, and produce there cordltlon OF things when
renders 1t incumbent On 10 call your attention 10
the subject, and urgently to recommend the adoption
by you of such of legislation as the grave
exigencies of the case appear TO require.
A brief exposition of the circumstanceAreterred to-
and of their causes will be necessary TO the full un
derstanding of the recommendations which 1t is pro-
posed to submit
The act 10 organize the Territories of Nebraska
and Kansas was manifestation OF the legislative
opinion of Congress two great points of Constu-
tonaI construction one that the designation of the
boundaries of new Territory, and provision for its
political organization and administration Terri
tory are measures which of right fall within the pow
els OF The general government and the other, that
the inhabitants of any such Territory considered as
an nchoate State entitled, in the exercise of self
government to determine for themselves what shall
be their domestic institutions subject only to the
constitution and the laws duly enacted by Congress
under it, and to the power of the existing States 10
decide according 10 the provisions and principles OF
the constitution at what time the Territory shall be
received as a State into the Union. Such are the
great political rights which are soemnIy declared and
affirmed by that act.
Based upon this theory, the act of Congress de.
fined for each Territory the outlines of republican
government distributing public authority among law
fuly-created agenls-execuhye, judicial and leglsia-
tve-to be appointed either by the general govern
ment or by the Territory The Legislative functions
were Entrusted TO a council and house OF represen
taives duly elected and empowered to enact all the
local laws which they ght deem essential 10 their
prosperity, happiness and good government. ACHING
in the spirit, Congress also defined the persons
who were in the first instance to be considered the
Of
white male inhabltan of the same above the age OF
twentyone years, being an actual resident thereof
and possessing the qualifications hereafter described
should be entitled to vote at the first election, and be
eligible 10 any Office within the Territory but that
the qualifications of voters and holding Office at all
subsequent elections should be such might be pre-
scribed by the legislative assembly: Provided, how
ever, 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 TO become such, and have taken an
oath TO support the constitution of the United States
and the provisions of the act: And provided, further
that no officer soldier, seamaI., marine, or other
person in the army navy of the Uni ed States,
attached to troops in their service, should be allowed
to 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 appointed by
the general government, including the governors,
were appointed and commissioned in due season the
law having been enacted the 3Oth of May, 1854
and the commission of the governor of the Territory
of Nebraska being dated on the I'd day of August
1854 and the Territory of Kansas on the 29Ih day of
June, 1854.
Among the duties imposed by the act on the 60
yernors that of directing and experimenting the
political organization of the respective Territories.
The governor of Kansas required to cause
census enumeration of the inhabitants and quail
fled voters of the several counties and districts of the
Territory to be taken by such persons and in such
mode as he mil ht 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 superntend such elections and
the return thereof; to declare the number of the
members of the council and house of representatives
for each county district to declare what persons
might appear to be duly elected and to appoint the
time and place of the first meeting of the legislative
assembly. In substance, the same duties were de-
volved on the governor of Nebraska.
While, by this fact, the principle OF constitution
for each Of the Territories was and the same,
and the details of organic legislation regarding both
were nearly as could be Identical and while the Ter
ritory of Nebraska TRANQUILITY and successfully
organized in the due of law and lis first legis
lative assembly met on the 10th of January, 1855,
the organization of Kansas was long delayed, and
has been attended with serious difficulties embarrass-
ments partly the consequence of local NAL admins
traton and partly of the ustifaoe interference Of
the inhabitants of some of the States foreign by
residence, interests, and rights to the Territory
The Governor of the Territory of Kansas, commits
stoned, before stated, the goth of June, 1854,
did not reach the des grated seat of his government
until the 18th of the ensuing October and even then
failed to make the first step in it's legal organization
that OF ordering the census enumeration of its
Inha blants-unul so late day that the election of
the members of the legislative assembly did not take
place until the 3Oth of March, 1855 nor its meeting
until the second Of July, 1855. So that for year
after the Territory constituted by the act of
Congress and the officers to be appointed by the fede
raj Executive had been commissioned, it without
complete government, without any legislative au-
thority, without local law, and of course without
the ordinary guarantees of peace and public order.
In other respects, the governor, instead of exerc
sing constant vigilance and putting forth all his
gles 10 prevent or counterfeit the tendencies to lie
galty which prone to exist in all mperfectly-
organized and newl associated communities allowed
his attention to be diverted from official obligation by
other biects and himself set an example of the VIC
ation of law in the performance Of acts which rem
dered 1t my duty, IN the sequel, 10 him from
the office of chief executive magistrate of the Terri
tory.
Before the requisite preparation was accomplished
for election of territorial legislature, an election Of
delegate 10 Congress had been held in the Terri
tory on the 29th day of November 1854, and The
delegate took his seat in the House of Representa-
tives without challenge. If arrangements had been
perfected by the governor so that the election for
members of the legislative assembly might be held
in the several precincts at the same time as for dele
f gate 10 Congress, any question appertanng to the
qualification OF the persons voting people of the
Territory would have passed necessarily and at once
under the supervision of Congress, as the Judge of
the validity of the return of the delegate and would
have been determined before conflicting passions had
become infamed by time, and before opportunity
could have been afforded for systematic interference
of the people of Individual States
lhls interference so far as concerns it's primary
causes and immediate commencement, was one of the