The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1856-08-27
CADIz, OHIO WEDNESDAY: AUGUST 81, 1856
The fiAecnth and sixteenth sections or n,

suits, process and proceedings, civil and Grimm
al, at law, and in ehaneery, and all indictments
and intormationsw shall be pending and
undetermined in the courts Of the Territory of
Kansas or New Mexico, when this act shall
take effect, shall remain in said courts where
pending, to be heard, tried prosecuted and de-
termincd in such courts as though this act had
not been passed: P,oltded nevertheless That
all criminal prosecutions now pending in any of
the courts Of Kansas, imputing to any person or
persons the crime of treason against the United
States, and all criminal prosecutions, by inform
alton or Indictment, against any person or per-
sons for any alleged disregard whatever of what
are usually known as the laws of the legislature
Of Kansas shall be forthwith dismissed by the
courts where such prosecution may be pending,
and every person who may be restrained of his
liberty by reason of any of said prosecutions
shall be released therefom without delay
Nor shall there hereafter be instituted any
criminal prosecution in any of the courts of the
United States, or ofsaid territory, against any
person orpersons, for any such charge of trea-
son in the said Territory prior to the passage Of
this act or in violation or disregard of said leg
islatiye enactments at any time.
SEC. 16. And Je Il fmfEer enacted That all
justices of the peace, constables, sherilfS, and
all other judicial and ministerial officers who
shall be in office within the limits of said terrific
ry when this act shall talso effect, shall be, and
they are hereby, authorized and required to
continue to exercise and perform the duties of
their respective Offices and officers of the Terri
tory of Kansas, temporarily, and until they, or
others, shall be duly appointed and qualified to
till their places in the manner herein directed
or until their oifcesshall be abolished.
1t will be observed that these two sections re-
cognizc the validity and binding force in the en-
tire code Of laws enacted at the Shawnee Mis-
sion by the legislature ofKansas Territory, and
provide for the faithful execution Of all those
enactments except the criminal code All JUS
tees OF the peace, constablcs, sheriff3 and all
other judicial and ministerial officers, now in Of
flee all are required to continue to exercise and
perform the duties Of their respective Offices
Al these officers with the exception Of the gov
ernor, three judges secretary and marshal, and
district attorney, were elected or appointed un-
der the laws enacted by the legislature of Kan
sas territory while their powers, functions and
duties arc prescribed by those laws AMI none
others. These officers are all required to con
tinuc to perform the duties Of their respective
Offices by observing and enforcing all the laws
enacted at the Shawnee Mission, except tho
criminal code. "All suits process, and
proceedings civil and criminal, at law and
in chanccay and all indictments and infornq-
tons which shall be pending and undetermined
in the courts oftho Territory of Kansas or New
Mexico, when this act shall take effect, Shall re-
main in said courts where pending to be heard
tried, prosecute and determined, in such courts
! as 6toagt this blu hat not been passed." The ell
ectlon laws, and the laws concerning slaves and
slavery, and all laws protecting the rights Of
persons and property and affecting all the rela-
tons ofliIc are recognized as valid and required
to beenlorcod, excepting criminal prosecutions.
by Information or Indictment for violating or
dlsreSalding the laws ofthe legislature of Kan
sas, all suchprosecutions are required to be
forthwith dismissed, and the prisoners set at
liberty, and no new prosecutians are. to be COM
menced for Gany violation or disregard of said
legislative enactments at any time Such is
the legislation provided form these two sections
OF the bill. They recognize the validity ofthe
laws enacted at Shawnee Mission, and provide
Tor the enforcement ofall Of them except in ca
scs OF criminal prosecution. Your committee
are unable to perceive how the passage of such
aplll would restore peace, quiet and security
| to the people of Kansas 1t has been alleged
that there are in that Territory organized hands
oflawless ana desperate men, who are in the
cunstant habit of perpetrating deeds ofyiolence
numbering and pundering the inhabitants,
! stealing their property burning their houses,
and driving peaceable citizens from the polls on
election day. and even from the Territory. -
The remedy proposed in the bill is to grant to
the perpetrators OFT these crimes general aim
ncsy for the past and full license in the future
to continue their bloody work. VI 1ghpI Iil (
There is no law in force in Kansas by which
murder, robbery, larceny, arson, and other crimes
tlnownto the criminal codes of albcivilizod state
can be punished, except under the code enacted
| by the Legislature Of Kansas at the Shawnee
Mission. The provisions of AN act for the ptn.
ishment of crimes against the United States y
approved April 30, 1850, is, by its terms, conf
nedm its application to such crimes as shall be
committed 'within any fort, arsenal, dock yard
magazine, or any otherplac or district of coun-
try under thcsole and exclusive jurisdiction q
The United States, and upon The high seas and
Tnavigablc waters out Of the Jurisdiction of An,
particular statc'' bus has never becnhcld or con.
strned to apply to the Territories ofthe United
States. The act Of the Sd Of March, 1917, "to
provide for the punishment Of crimes and often,
ccs committed within the Indian boundaries 4
extends the provisions the act of l79O to the
Indian country but expressly restricts its appli.
cation, az its title imports to crimes committee
"Sithin any town, district,or territory bei6nqi,o
toa,3 ''qtEeaor "atiots, tribe tribesQf L.laas .
Hence the moment the Indian title is cxtin.
guished and the country placed Under the iuris-
dction of a territorial government, it ceases "a
be under the sole and exclusive jurisdiction oj
the United States,nanl is no longer subject tc
the provisions ofeither Of the above cited acts
Thus it will be- seen that If the bill from Tic
House Of Representatives should becoms, law
with the provisions granting q general amnesty
inrespect to all past crimes, and unlimited license