True American. [volume] (Steubenville [Ohio]) 1855-1861, 1856-03-26

SsSN'e%S'Ses1 NPOh tliC AZ : St''NN'~ -%0'N'-'S'y
OF kansas) TO the county commissioners
first, and then if the commissioners do not
exercise the power, to the sheritfs of the
several counties. submit to the House
whether delegated authority of this kind
can be thus transferred and exercised
through irresponsible agents. If this as
sembIy in Kansas, which we are told IS
the valid, legally constituted Legislative
assembty' Of The Territory, could trans
fer TO the county commissioners, and af-
Ter them to the comfy sherilfs, the power
of fixing The places Of election, whIchIhis
organic ACT conferred exclusively upon
them, could they not, in like manner,
transfer 10 the sherifs and county com
missioners the power Of also fixing the
time and manner of elections =! Is there
any man who is willing 10 slpItily him,
self by saying that it would be within the
power of The Legislature to do this >
Why, sir, the organic act does not con
template that any Legislative power over
the time, place, and manner OF elections
in that Territory shall vest in the county
sherIlls or county commissioners, On
the contrary, read in the organic act this
strange language, that the legislative
power and authority of that Territory
shall be vested ina Governor and Legis-
latire assembly, and lhat 'the places as
well as the lime and manner Of election
shall be prescribed by law.
The place of the election of the first
Monday Of October last was not 'prescrl-
bed by law IS requred but that power,
as said before, was upon certain very
probable contingencies, strangely de!ega-
ted to the county sherifis and county COM
missioncrs. Is not that an unusual sort
of legislation! By This enactment the
people were advised that in whatever
county there is a court house The election
shall be held there but if there is no
court house. then the election shall be
held at such place as the county commits
stoners or sheriff may prescribe: provi-
ded however, that tie county commission.
ers mag establish an election precinct in
every municipal township, and it is sup
posed, place for the election therein
Sir, this election law, as it is called, pas
sed by this body Of usnrpers, assuming 10
be the Legislative Assembly Of Kansas,
violates the organic act Of that Territory
in another very important particular. -
The eleventh section Of the Kansas cleo
ton act provides for the qualifications of
electors; and declares, among other things
that every free male Indian, who is made
citizen of the United States by treaty or
otherwise who is over twenty one wears
of age, who shall be an inhabiIant Of the
county and territory, who shall have paid
a territorial tax, shall be qualified eIcc-
tor. The 'olhcrwIse' used in this statue
is supplied BY the succeeding clause Of
the enactment; which clause is in these
words and all Indians who are inhabi
lanjs ofth's territory. and who have adopt
ed the customs Of The white man, and who
are Liable to pay taxes, shall be deemed
citizens
Ii is understo ID, | believe, that all the
Indian tribes in that Territory are not
made citizens by treaty. Il is understood
and so expressed in the thirty seventh
section Of the organic act, that the Gov
ernment Of The United States has entered
into sundry treaties with the several tribe:
of Indians residing in that Territory. A
treaty, believe, is a contract entered in
to between the sovereign powers. | be
lievc the several treaties contemplated by
the organic act were made by and between
sovereign power known as the peoplt
of the United States on the one side, ant
other several sovereign powers known a
The Indian tribes in the Territory upol
the other side.
Mr.. PHELPS. ] desire to inquire @
the gentleman from Ohio if lie asserle,
that 10 treaties had been made with tht
Indians inhabiliug the Territory of Kan
sas, by which they were made citizens o
the United States
/ Mr.. BINGHAM. say that the OF
sanic statue itself implies that thero is II
treaty making all Indians therein citizens
Mr.. PHELPS. desire to inform Nh
gentleman that there is treaty by whic
certain Indians residing in the Terri.oI
; Of Kansas are made citizens Of the Unite
Siqes.
, Mr.. BINGHAM. beg leave to as
& the gentleman whether the treaty max,
all The Indian tribes nhabling that Te
lilory citizens!
e Mr.. PHELPS. assert that only
reference to one tribe.
Y Mr. BINGHAM. That does not he
j. this Kansas statue, because this statue,
: respective of The fact that large numhe
r of these Indians are not citizens, but
e icns-provides that all Indians who a
q inhabitants Of the Territory, and who IN
At have adopted ,he customs of the wh
!, man, and are liable to pay taxes shall
y deemed cilizens.' Now, sir, where "
Y The necessity of this provision if all
Sc Indians inhabiting that Territory h
y been made citizens by treaty, and w
:" ~ in fact already citizens of the Uni
/ States And if they were not cIliZt