Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1856-01-29
AFFA1Rs IN KANsAs.
MESSAGE on TnG PREsIDENT.
WAsuIxerov. Jenuary p, ls56.

10 me SSSE$tke e'leL 1gtLSG " 1LGpFeSoHtUEEGeS
Circumstances have occurred to disturb the
course of government organization III the Ter
ritory Of Kansas, and produce there condition
of things which renders it incumbent on me to
call your attention to the subject, and urgently
recommend the adoption by You of such meas
ures of legislation as the grave exigeucies OF the
case appear to require.
A brief exposition of the circumstances refer
red to, and Of their causes, will be necessary to
the full understanding OF the recommendations
which it is proposed 70 submit.
The act to organize the Territories of Sebras-
.lCa and Kansas was a manifestation of the legls-
latiye opinion of Congress on two great points
OF constitutional construction One, that the
designation of the boundaries of new Terrific
ry, and provision for its political organization
and administration as Territory, are measures
which Of right fall within tue powers of the
General Government; and the other, that the
Inhabitants of any such Territory, considered
As an inchoste State, are entitled, in the exer-
else of selEgoverument, to determine for them
selves what shall be their own domestic institU-
ton, subject only to the Constitution and the
laws duly enacted by Congress under it, and to
the power of the existing States to decide, ac-
cording to the provisions and principles of the
Constitution, at what time the Territory shall be
received as State into the Union. Such are
the great political rights which are solemnly de-
elared and affirmed BY that act
Based upon this theory, the act of Congress
defined for each Territory the outlines Of repub-
lican government, distributing public authority
among lawfully -created agents-executive judi
cial, aud legislative-to be appointed either by
the General Government or by the Territory
The legislative functions were entrusted to a
Council and House of Representatives duly
elected and empowered to enact all the local
laws which they might deem essential 10 their
prosperity, happiness, and good government
Acting in the same spirit, Congress also defined
the persons who were III the first instance to be
considered as the people of each Territory;
anacting that every free white male inhabitant
of the same above the age Of twenty-one years,
being an actual resident thereof, and possessing
the qualifications hereafter described, should be
entitled to vote at the first election, and be eigi
Bile to any office within the Territory; but that
the qualifications of voters and holding Office at
be prescribed by the Legislative Assembly:
Provided, however, 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 Oh cath their intention to
become SUCH and have taken an oath 10 support
the Constitution of the United States and the
provisions Of the act: And provided, further,
that no officer, soldier, seaman, or marine, or
other person III the army or navy of the United
States, or attached to troops in their service,
should he allowed to vote or hold office in either
Territory by reason Of being on service therein.
Some Of the public of1icersof the Territories
as, by the provisions of the act, were to be ap-
pointed by the General Government including
the Governors, were appointed and commissions
ed in due season--the law having been enacted
on the 30th May, 1854, and the commission of
the Governor Of the Territory of Nebraska be-
ing dated on the 2d pay OF August, 1851, and
Of the Territory of Kansas on the Goth day of
june 1851.
Among the duties imposed by the act on the
Governors was that Of directing and superin-
tending the political organization of the respec-
tive Territories, The Governor Of Kansas was
Iequired to cause census or enumeration the
inhabitants aud qualitie,t voters Of the several
counties and districts Of the Territory to be ta-
ken by such persons and in such mode as he
might designate and appoint to appoint and di-
rect the time and places ofhOdiug the first cleo
tons, and the manner of conducting them, both
rs to the persons TO Superintend such elections
and the returns thereof; to declare the number
Of the members of the Council and House of
Representatives for each county or 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 dcvolvcd on the
Governor OF Nebraska
While, by this act, the principle of constitu-
tion for each of the Territories was one and the
same, and the details OF organic legislation re-
gardiug both were as nearly as could be identi-
chi, and while the Territory. of Nebraska was
TRANQUILITY and successfully organized in the due
course of law, and its first Legislative Assembly
met on the 10th of January, 1866, the organiza-
zion of Kansas was long delayed, and has been
attended with serious difficulties and embarrass-
Eaents, partly the consequence of local mal-ad-
ministration, and partly Of the unjustifable in
reference of the inhabitants of some of the
States, foreign by residence interest, and rights
to the Territory.
The Governor of the Territory of Kansas,
commissioned, as before stated, on the o9th of
June, 1854, did not reach the designated seat of
government until the 9TH Of the ensuing Octo-
Der; aud even then failed to make the first step
inits legal organization-tha of ordering the
census or enauleration5of its inhabitantS-unti
SO latea day that the'election of the membersof
the Legislative Assembly did not take place un-
til the both Of March, 1850, nor its meeting I'M
til the second of July, 1855; so that, for year
after the Territory was constituted by the act of
Congress, and the officers to be appointed by
the Federal Executive had been commissioned
it was without complete government, without
any legislative authority, without local law, and
OF course without the ordinary guarantees of
peace and public order
mother respents the Governor instead of ex.
ercising constant vigilance and putting forth all
his energies to prevent or counteract the tcnien-
cies to Illegally which are prone to exist in all
imperfectly organized aud newly associated com.
tnupiieS, allowed his attention to be diverted
from official oblgationby other objects and HIM
self sstan exampleGf the violation of law in the
performance Of acts which rendered it my duty.
in the sequel, to remove him from the office Of
chief executive magistrate Of the Territory.
Before the requisite preparation was accom-
pGshed for election of Territorial Legislature
an election of Delegate to Congress had been held
10 the Territory on the S9th day of November,
1851. and the Delegate took his seatiin The House
Of Representatives without challenge. IfarTange-
ulcpts had been perfected by the Governor sothat
the election for members Of the Legislative As
senlblY niget be held in the several precincts at
the same timeas for Delegate to Congress, any
question appertaining to the qualification of the
persons voting rs people Of the Territory would
hayepsssed necessarily and at once under the
Supervision Of Congress, as judge of the validity
tde retarl Of the Delegate, and wouldhave