The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1856-01-31
AFFAIRS IN KANSAS
PRESIDENTS nEssAGE.
Gentlsmea of&e Ssnats


condition Of things which renders it incum
bent on me TO call your attention 10 the sub
ject, aud urgently recommend the adoption
by you ofsuch measures Of legislation as tht
grave exigencies of the case appear to re
quire.
A brief exposition OF the circumstance
referred to, and their causes, will be neccs
sary to the full understanding of the recon-.
mendation which il is proposed to submit.
The act TO organize the Territories o.
! Nebraska and Kansas wa, a manifestation o
the legislative opinion of Congress on two
great points of constitutional constructions
One, that the designation Of the bouduariet
ola new territory, and provision for it's polit
cal organization and administration as .
Territory, are measures which of right fal
within the powers Of the General Govern
ment; and the other, that the inhabitants o.
any such Territory, considered as an incho
ate state, are entitled, in the exercise OF sell
government, to determine for themsei Ives
what shall be their own domestic institu
tons, subject only TO the Constitution ant
the laws duly enacted by Congress under it
and to the power of the existing States tc
decide, according to the provisions and prin'
ciples OF the Constitution. at what time the
Territory shall be received as a State iEtc
the Union. Such are the great politicu
rights which are solcmny declared and af
fiimed by that act.
Based upon this theory, the oct OF Con
gress defined for each Territory the outlines
Of republican government, distributing pub
lie authority among the lawfully created a.
gents-executive, judiaial and legislative
to be appointed either by the General Gov
ernmenl or by the Territory. The legisla
tive functions were intrusted to Counci
and House Of Representatives, duly elected
and empowed to enact all the local laws
which they might deem essential to thei
prosperity, happiness and good government
Acting in the same spirit, Congress also de
fined the persons who were in fhe first in
stance to he considered as the people of cacl
Territory; enacting that every free whit
male inhabtant OF the same above the ag
Of twenty-one years, being an actual rcsiden
thereof, and possessing the qualification
hereafter described, should be entitled t
vote at thefrst election, and be Ilegible t.
any office witkin the Territory; but that tn
qualifications of voters and those holdin!
Office at all subsequent elections should b.
such as might be prescribed by the Legisla
tive Assembly; provided, however, that tn
right of suffrage and of holding office shoul
be exercised only by citizens of the Unite
States, and those who should have declare
on oath their intention to become such, an
have taken an oath to support the Cunsiilu
ton of United States and the provisions c
the act. And provided, further, that no off
Ger, soldier, seaman or marine, or other pei
son N the army or navy Of the Unite
States, or attached to troops in their service
should be allowed to vote or hold office in E
ther Territory by reason of being on servic
therein. .....
Such of the public officers of the Terrific
ries as, by the provisions of the act, were t
be appointed by the General Government
including the Governors, were appointe
and commissioned in due season--the lay
having been enacted on the 30th of May, le
81, and the commission of the Governor c
Nebraska being dated on the I'd day Of Al
gust, 1854, and of the Territory of Kansa
on the 29th day Of June, 1854.
Among the dnties imposed by the act o
the Governors was that of directing and su
perintending the political organization OF tn
respective Territories. The Governor Q
Kansas was caused to require census or C
numeraton of the inhabitants and qual6e
voters of the several counties and district
of the Territory to be taken by such per
sons and such mode as he might designat
and appoint; to appoint and direct the tim
and places of holding the first elections, an
the manner of conducting them, both as II
the persons to superintend such elections
and the returns thereof, to declare the mum
Der of the members of the Council ant
House Of Representatives far each county o
district; to declare what persons might ap
pear to beduly elected; and to appoint tn
time and place of the first meeting of tn
Legislatives Assembly. In substance, tn
same duties were devolved on the Govcrno
OF Nebraska. a
While, by this act, the principle OF tn
constitution for each of the Territories wa
one and the same, and the details of organ
ic legislation regarding both were as nearI
as could be identical, and while the Terrific
ry Of Nebraska was TRANQUILITY and success
| fully organized in the due course of law, an
its first Legislative Assembly met on tn
18th of January, 1855, the organization o
Kansas was long delayed, and has been IT
tended with serious difficulties and embar
rassments, partly the consequence of ioca
NAL administration, and partly of the unjusti
fiable interference OF the inhabitants of som
of the States, foreign by residence, interest
and rights of the Territory.
The Governor OF the Territory of Kan
sas, commissioned, Gs before stated, on tn
29th of June, 1854, did not reach the desig
mated seat of his Government until the 1t
OF the ensuing October; and even then fail
ed to make the first step in its legal organ
zation-,hat OF ordering the census or emu
meration OF its inhabitants until SO late
day that the election of the members of th
legislative Assembly did not take place u,
til the 3Oth day OF March, 1866, nor its NEE
inc until the I'd of July, 1856 so that for
wear after the Territory was constituted b
The act of Congress, and the officers 10 b
appointed by the Federal Executive had bee
commissioned, it was without a compile
e Government, without any Legislative autho
t itv. without local law, and, of course witho
r the ordinary guarantees of peace and publ
order.
In other respects the Governor, instead
exercising constant vigilance and puttil
forth all his energies to prevent or counte
n act The tendencies TO illegality which q
k prone to exist in all imperfectiy -organiz
g and newly-associated communities, allow
his attention to be diverted from official OBJ
CATION by other objects, and himself set
It example of the violation of law in the pt
y formance of acts which rendered it 10y du
s. in the aequel, to remove him from the Off
, ofchief executive magistrate Of the Territ