Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1856-02-01
KANSAS AFFAIRS.
The Border RuHlans Sustained.
MEssAeE o. THE PREsIpENT!
WASHINGTON, Jan. "a, 1856.
10 The Senate and
House of Representatives.

House Of Representatives.
Circumstances have occurred to disturb
the course of governmental organization in
the Territory Of Kansas, and produce there
q condition Of things which renders it incum-
bent on me to call your attention to the sub
iect, and urgently recommend the adoption
bv YOU of such measures of legislation as
the grave exigencies Of the case appear to
require.
A brief exposition of the circumstances
referred to, and of their causes, viii be nee
essary to the full understanding of the rec
concentrations which it is proposed to
submit.
The act to organize the Territories Of Ne
braska and Kansas was a manifestation OF
the legislative opinion of Congress on two
great points of constitutional construction
One. that the designation Of the bounda-
ries of new Territory, and provision for its
political organization and administration as
q Territory, are measures which of right fall
within the powers of the General Govern
ment; and the other, that the inhabitants Of
any such Territory, considered as an incho-
ate State, are entitled, in the exercise of
selfgovernment, to determine for themselves
what shall be their own domestic institu-
tons subject only to the Constitution and
the laws duly enacted by Congress under it
and to the power of the existing States to
decide, according to 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 politi-
cal rights which are solemnly declared and
affirmed by that act.
Based upon this theory, the act of Con-
gress defined for each Territory the Outlines
ofrepublican government, distributingpublic
authority among the lawful created agents
executive, judicial and legislative-to be
appointed either by the General Govern
ment or by the Territory. The legislative
functions were intrusted to a CouRcil and a
House of Representatives, duly elected and
empowered to enact all the local laws which
they might deem essential to their prosper
ity, happiness and good government. Act
ing in the same spirit, Congress also defined
the persons who were in the first instance to
be considered as the people Of each Terri
tory; enacting that every free white male
inhabitant of the same above the ago of
twenty-onc years, being an actual resident
thereof and possessing the qualifications
hereafter described, should be entitled to
vote at the first election, and eligible to any
Office within the Territory: but that the
qualifications of voters and holding Office at
all subsequent elections should be such as
might be prescribed by the Legislative As
sembIy; 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
on oath their intention to become such, and
have taken an oath to support the COnsti-
tuition of the United States and the provis-
ions of the act: And provided, further, that
no officers, soldier, seaman or marine, or
other persons in the army or navy of the
United States or attached to troops in their
service, should be allowed to vote or hold
Office in either Territory by reason of being
on service therein.
Such of the public officers of the Terri
tory as, by tho provisions of the act, were 10
be appointed by the General Government,
including the Governors, were appointed
and commissioned in due season-the law
having been enacted on 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 of the
Territory of Kansas on the 29th day of June,
1854.
Among the duties imposed by the act on
the Governors was that of directing and
experimenting the political organization of
the respective Territories. The Governor of
Kansas was caused to require a census or
enumeration of the inhabitants and qualified
voters Of the several counties and districts
of the Territory to be taken by such per-
sons and in such mode as be might desig-
nate and appoint; to appoint and direct the
time and places of holding the first elections,
and tie manner of conducting them, both
as to the persons to supeEintend such cleo
tons 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 for the first meeting of
the Legislative Assembly. In substance,
the same duties were devolved on the Gov
ernor of Nebraska.
While, by this act, the principle Of con-
stitution for each of the Territories WAS one
and the same and the details of organic
legislation regarding both were as nearly as
could be identical, 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 1855, the organization of Kan
sas was long delayed, and has been attended
with serious difficulties and embarassments,
partly the consequence of local mal-ad-
ministration, and partly of the unju3tifable
interference of the inhabitants of some Of
the States, foreign by residence, interests
and rights of the Territory.
The Governor of the Territory of Kan
sas, commissioned, as before stated, on the
Goth of June, 1854, did not reach the des-
ignated seat of his Government until the
9Th of the ensuing October; and even then
failed to make the first step in its legal or
ganization-that of ordering the census Oh
enumeration Of its inhabitants-until SC
late a day that the election of the member:
of the Legislative Assembly did not take