Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1856-03-27

organic act were made BY and between a SoV.
sIgn power known as the people Of the United
States on the one side. and other several sOVer.
eign powers known Ss the "Indian tribes" in
that Territory upon the other side.
Mr. PHELPS. l desire 10 inquire Of the
gentleman from Ohio il be asserted that no
treaties had been made with the IndiaHS inhab-
ting the Territory Of Kansas, BY which they
we're made citizens Of the United staIesi
Mr. BINGHAM | say that the organic
statute itsell gives Us TO understand that there
vas no such treaty, making all citizens, for it
contemplated them as distinct from the citizens
and as the subjects Of distinct laws
| Mr., PHELPS. desire to inform the gen.
lleman that there is treaty BY which certain
Indians residing in the Territory Of Kansas are
made citizens Of the United States
Mr.. BINGHAM. l beg leave to ask the
gentleman whether the treaty makes all the In,
dian tribes inhabitng that Territory citiSsns.
Mr.. PHELPS. assert that only in refer.
ence to one tribe.
Mr.. BINGHAM. That does not b elp this
Kansas statute, because this statute, irrespec.
tive of the fact that many of these Indians are
not citizens, but aliens, provides that "all In.
dians who are inhabitants of the Territory,
and who may have adopted the customs Of the
white man, aud are liable to pay taxes, shall
be deemed, citizens" Now, sir, where was
the necessity Of this provision If all the indi.
ans inhabitiag that Territory had been made
citizens By treaty, and were, in fact. already
citizens of The United States I? And If thew
were not citizens of the United States, whence
did this Assembly derive the power to make
them citizens, contrary TO the express prohibi.
ton OF the organic act-!hey neither having
declared their intentions, nor taken the oath as
required by that act
This organic act provides, that the "quali
cations Of voters and Of officers shall be such az
shall be prescribed by the Legislative Assem-,
bly,, provided the right Of suffrage shall be ex.
ercised only by citizens of the United States,
and those who shall have declared on their oath
their intention to become such, and who shall
have taken an oath to support the Constitu-
ton Of the United States, and also the Kan.
zas.Nebraska act" take it, sir, that all tn ese
Indian tribes with whom the Government of
the United States has treated are not citizens
of the United StateG. never before heard
of Government which entered into treaty
stipulations with its own Citzsns, except in this
remarkable case Of these Kauzas people. L
understand that the present acting Governor of
KanEas has recently entered into a treaty, Of
fensive and defensive, with the people of that
Territory, known IS the Lawrence Treaty 1t
is the only treaty that know of which has
been negotiated within the memory of man,
where there was but one sovereign party as.
senting to it. In the case of this Lawrence
treaty the only sovereignty known as a party
to it was the people of this Territory. What
right the Governor had to stipulate by treaty
with them leave to him and his friends to find
out at their leisure.
But. sir, stop not further to inquire into
the extraordinary provisions of this election
enactment. 1t is enough to know that il con-
fers on courts and sheriffs the power to legis-
late over the people, and on Indians the right
of suffrage in violation Of the organic law
But, sir we are referred to all the legislation of
this famous body as evidencing the fact that a
legally constituted Legislative Assembly was
here convened. We are told that by all this
legislation the petitioner here is eslopped from
nquiring as to its legality; aud that is only |
a modest way of telliug US that thiS House is
in like manner estOpped by it from inquirirg
into the legality of this Assembly, because it
is conceded that, if this question be organize.
bic by the House at all, it is SO on the memo.
rial of any citizen Of the United States, and
also tina! the House may of its own motion
raise the question. We are told, as already
stated, that all the legislation Of this Territor
al Assembly works estopped. Aud such legis-
lation +! Has the world seen anything like it
since Draco wrote his laws in blood! Consid
er it, and then tell me whether there are not
upon it's face 'proOfs as strong as Holy Writ"
that it never emsnated from Legislature chO.
sen BY freemen to represent fresmen -thatsuch
atrocious legislation never was enacted by the
mere servants of free people for the govern
ment Of their masters, by creatures Tor the
control Of their creator.
fnd on page u.s. 7l6 and I'll Of this vol
ume Of Xsnsas laws, passed by this Territori'
al Assembly, an enactment by the fourth Sec
ton of which it is made 9 felony, punishable
with death. fOr any person to carry away out
of that Territory any slave belonging to an
other, with intent to effect the freedom Of such
slave.