The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-14

Offices All these officers with the exception Of the gov
ernor, three judges, secretary and marshal and AIS
enacted by the legislature of Kansas while their powers
functions and duties all prescribed BY those laws and
others These officers all required to continue
TO perform the duties Of their respective Offices, by obse
wing and enforcing all the laws enacted at the Shawnee
Mission except the criminal code All SUITS process and
proceedings civil and criminal at law and in ehancery
and all indictments and nformations which shall be pend
ing and undetermined in the courts of the Territory OF
Kansas New Mexico, when this act shall take effect
shall remain in said courts where pending to be heard
tried prosecuted, and determined in such courts AS
THOUGH PASSED" The election laws,
and the laws concerning slaves and slavery and all laws
protecting the rights Of persons and property ana Affecting
qured TO be enforced, EXCEPTING CRIMINAL PROSECUTIONS
INFORMATION INDICTMENT for violating disregardng
the laws of the legislature Of Kansas all such prosecu
tons are required to be forthwith dismissed and the prison
es set at liberty and prosecutions are TO be com
nenced for any violation disregard of said legislative
enactmens at any time" Such Is the legislation provided
for in these sections of the bill They recognise the
validity Of the laws enacted at Shawnee Mission and pro-
vide for the enforcement of all Of them except in cases OF
criminal prosecution Your committee unable to per-
ceve how the passage of such bill would restore peace
quiet and security the people of Kansas 1t has been al
legged that there in that Territory organized bands OF
lawles and desperate men, who in the constant habit
OF peperatng deeds of violencemurderng and plumber
ing the inhabitants stealing their property burning their
houses and driving peaceabe citizens from the polls on
election day, and from the Territory The remedy
proposed in the bill is to grant to the perpetrators OF these
crimes general amnesty for the past and fall license in
the future to continue their bloody Work.
There is law in force in Kansas by which murder,
robbery larceny arson and other crimes known to the
criminal codes Of all civilized States be punished
cep under the code by the legislature Kansas at
the Shawnee Mission The provisions of an for the
punishment of crimes against the United States approved
April 3d. $780, is by its terms, confined in its application
to such crimes shall be committed "withn any tort ar
sena dockyard magazine any other place or district
of country under the sole and exclusive jurisdiction OF the
United States" and upon the high seas and navigabe
waters of the jurisdiction of any particular State but
held construed
es Of the United States The act of the Sd Of March, 1877
ITO provide for the punishment of crimes and offences com
mted within the Indian boundaries extends the provis
ions of the said act of 100 to the Indian country but ex
pressy restricts its application, as its title imports to
crimes committed within any town. district or territory
belonging any nation nations tribe or tribes Indians
Hence the moment the Indian title is extngushed and
the country placed under the jurisdiction of territorial
government be "under the sole and exclusive
Jurisdiction of the United States and is longer subject
the provisions OF either of the abovected acts Thus
will be that if the bill from the House of Representa-
ves should become law with the provisions granting
general amnesty in respect to all past crimes and unlmit
ed license in the future to peperae such outrages as
their bad passions might instgate there would be no
in force in Kansas to punish the guilty or protect the
innocent
Inasmuch the House of Representatives by the passage
of the bill under consideration and the Senate by its biz
for the admission Of Kansas into the Union have each
ognised the validity of the laws cnaci by the Kansas
Legislature at Shawnee Mission 30 far as they are Consist
mt with the constitution and the organic act and affirmed
the proprety and duty of enforcing the same except
the extent of the differences Of opinion between the House
Representatives and the Senate respect partcu-
lar laws which ought not to be enforced The Senate has
already declared in the bill for the admission of Kansas
into the Union that all laws and in said Terri
tory which repugnant to- in conflict WITH the great
principles of liberty and justice guaranteed by the
situton of the United States and the organic act and i'm
bodied in the 18th section of that BILL shall be null and
void and that such shall be enforced or executed
in said Territory.
The said eighteenth section is in the following words
hat ipaam tba
constitution of the United States and the organic act of
said Territory has secured to the inhabitants thereof
tain inaenabe rights of which they cannot be deprived
by any legislative enactment therefore no religious test
shall ever be required qualification &c any Office or
public trust no law shall be in force or enforced in said
territory respecting an establishment of religion or pro-
ooing the free exercise thereof or abrdgng the free
dom OF speech of the press of the right of the peo
pie peaoeahy to assemble and petition for the redress
persons aouses papers and effects against unreasonable
Srches and seizures shall not be violated and war
rant shall issue but upon probable cause supported by
oath or armation and particularly describing the place
be searched and the person things be seized
shall the rights of the people keep and bear be
hinged No person shall be held 70 for capital
otherwise Infamous crine unless presentment ndic
ment OF grand jury shall any person be subject for
the same offence to be twice put in jeopardy Of life limb
nor shall be compelled in any criminal to be wit
ness against himself be deprived of life liberty
property without due process Of law shall private
property be taken for public without Just compensa
ton In all criminal prosecution the accused shall enjoy
Il
OF the district wherein the crime shall have been commit
ted which district shall have been previously asceraned
oy lew and TO be informed Of the and of the
accusation; TO be confronted with the witnesses against
him. TO have compulsory process OF obtaining witnesses
his favor and TO have the assistance Of counsel for his de-
fence The privilege of habed corpus shall not be sus
pended unless when in Of rebellion or INVASION the
public safety may require H. In suits at common law
where the value In controversy shall exceed twenty dol
lara the right Of trial by jury shall be preserved and
fact tried by jury shall be otherwise reexamined
court OF the United States than according the rules Of
the common law Excessive bail shall not be required
nor excessive fines imposed cruel and unusual pun
shments inflicted. No law shall be made have force
effect in said Territory which shall require oath or
oath to support any act Of Congress other legislative
act as qualification for any civil Office public trust
for any employment profession, TO a Juror
or condition to the exercise Of the right Of suffrage by
qualified voter, which shall restrain prohibit the
free discussion Of any law subject Of legislation in the
said Territory or the free expression OF opinion thereon
by the people Of said Territory"
By this provision Of the bill which has twice passed the
Senate, and now remains the Speakers table Of the
House OF Representatives Enacted upon and only awaits
the favorable action Of the House TO enable IL to become
law with the Presidents approval all the obnoxious laws
which have been the subject Of much censure and
complaint are swept out Of existence leaving none in
force In said Territory except such usual proper
and necessary in all civilized communities for the proec
ton OF life liberty and property. Your committee have
not yet renquished the hope that the House Of Represent
aves will with the Senate in the passage Of that
BILL and thus restore peace and security 10 the people Of
Kansas by declaring all those obnoxious laws null and
void, and providing for the faithful enforcement Of the
Kansas CODE the validity Of which has thus been frankly
and soemny acknowledged by the and action Of each
house Of Congress The two houses Of Congress having
their action each arrived at the conclusion that the Kansas
valid