The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1856-02-16
Gbt Weeklq Minnesutiuh.
Message q the President.
WASHINGTON, Jan. "a, 1856.

WASHINGTON, Jan. "a, 1856.
To the Senate and House of Representatives:
Circumstances have occurred to disturb
the course of governmental organization in the
Territory of Kansas, and produce there
condition of things which renders it incum-
bent on me to call your attention to the sub
ject, and urgently recommend the adoption
by you of such measures of legislation as the
grave exigencies of the case appear to re-
quire.
A brief exposition Of the circumstances
referred to, and of their causes, will be ne
cessary to the full understanding of the re-
concentrations which it is proposed to sub
NIT.
The act to organize the Territories of Ne
braska and Kansas was q manifestation of the
legislative opinion of Congress on two great
points of constitutional construction: One,
that the designation of the boundaries of a
new Territory, and provision for its political
organization and administration as Terri
tory, are measures which of right fall within
the powers of the General Government; and
the other, that the inhabitants of any such
Territory, considered as an inchoate State,
are entitled, in the exercise of self-govern-
ment, to determine for themselves what shall
be their own domestic institutions, subject
only to the Constitution and laws duly en-
acted by Congress under it, and to the
power Of the existing States to decide, &C
cording 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 political 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
of republican government, distributing pub
lie authority among the lawfully created
agents-executive, judicial and legislative
to be appointed either by the General Gov
eminent or by the Territory. The legisla-
tive functions were intrusted to Council
and House of Representatives, duly elected
and empowered to enact all the local laws
which they might deem essential to their
prosperity, happiness and good government
Acting in the same spirit, Congress also de-
fined the persons who were in the first in
stance to be considered as the people of each
Territory; enacting that every free white
male inhabitant of the same above the age
of twenty-one years, being an actual resi-
dent thereof, and possessing the qualifica-
tons hereafter described, should be entitled
to vote at the first election, and be eligible
to any Office within the Territory but that
at all subsequent elections should be such as
might be prescribed by the Legislative As
sembly: 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 Constitu-
ton of the United States and the provisions
OF the act: And provided, further, that no
officer, soldier, seaman or marine, or other
person 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 SER
vice therein.
Such of the public officers of the Terri
tories 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 hav-
ing been enacted on the 30th 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 Goth 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 required to cause 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 he might desig-
nate 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 superintend such elections
and the returns thereof; to declare the num-
Der of the members of the Council and House
of Representatives for each county or dis
trict; to declare what persons might appear
to be duly elected and to appoint the time
and place of the first meeting of the Legis-
lative Assembly. In substance, the same
duties were devolved on the Governor of
Nebraska.
While, by this act, the principle of consti-
futon for each OF the Territories was one
and the same, and the details of organic le-
gislation 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, 1888, reorganization of Kansas
was long delayed, and has been attended
with serious difficulties and embarrassments
partly the consequence of local mal-adminis-
tration, and partly of the unjustifable inter-
ference of the Inhabitants of some of the
States, foreign by residence, interests, and
rights to the Territory.
The Governor of the Territory of Kansas,
commissioned as before stated, on the goth
of June, 1854, did not reach the designated
seat of his Government until the 7th of the
ensuing October; and even then failed to
make the first step in its legal organization
that of ordering the census or enumera-
ton of its inhabitants-until SO late day
that the election of the members of the Lee
gislative Assembly did not take place until
the Both of March, 1855, nor it's meeting
until the I'd of July, 1855; so that, for a
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 author
ity, without local law, and Of course, without
the ordinary guarantees of peace and public
order
In other respects the Governor, instead of
exercising constant vigilance and putting
forth all his energies to prevent OF counter
act the tendencies to illegality which are
prone to exist in all imperfectly-organized
andnewly-associatedc communities llowedhis
attentions to be diverted from official obliga-
ton by other objects, and himself set an
example OF the violation of law in the per-
Torrance of acts which rendered it my duty,
IN the sequel, to remove him from the Office |
of chief executive magistrate of that Ter
ritory.
Before the requisite preparation was &C.