The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1856-02-05
PRESIDENTS MESSAGE
IN RELATION TO
KANSAS AFFAIRS.
WASHINGTON, January "a, 1856

|
| the Territory of Kansas, and produce there
a condition of things which renders it in,
cumbent on me to call your attention to the
subject, and urgently recommend the adop-
tion by you of such measures of legislation
as the grave exigencies of the case appear
to require.
A brief exposition of the circumstances
referred to, and of their causes, will be
necessary to the full understanding of the
recommendations which it is proposed to
| submit.
The act to organize the Territories of
| Nebraska and Kansas was manifestation
| of the Legislative opinion of Congress on
two great points of constitutional construc-
ton: One, that the designation of the
| boundaries of a new Territory, and pro-
vision for its political organization and ad-
ministratiOn as a Territory, are measures
which of right fall within the powers of the
General Government; and the other, that
the inhabian of any such Territory, con-
| sidcrcd as an inchOate State, are entitled,
| in the exercise of self-government, to de-
| termine for themselves what shall be their
| own domestic institutions, subject only to
| the Constitution and the laws duly enacted
by Congress under it, and to the power Of
the existing States to decide, according to
tuition, at what time the Territory shall be
received as a State into the Union. Such
are the great political rights which are
sOlcmnly 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 lawfully created agents
executive, judicial, and legislative-to be
appointed either by the General Government
or by the Territory. The Legislative func-
tioms were entrusted to a Council and
House of Representatives, duly elected and
empowered to enact all the local laws which
they might deem essential to their pros
perity, happiness and good government
Acting in the same spirit, Congress also
defined the persons who were in the first
instance to be considered as the people of
each Territory; enactlng that every free
white male inhabitant of the same, above
the age of twenty-one years, being an actual
resident thereof, and possessing the qualifi-
cations hereafter described, should be en-
titled to vote at the first election, and be
eligible to any office within the Territory;
but that the qualifications of voters and
should be such as might be prescribed by
the Legislative Assembly: Provided how
ever, that the right of suffrage and of hold
ing office should be exercised only by
citizens of the United States, and those who
should have declared on oath tho ho;r intention
to become such, and have taken an oath to
support the Constitution 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 service therein.
Such of the public officers of the Terri
tories as, by the provisions of the act, were
to be appointed by the General Govern
ment, including the Governors, were ap-
pointed and commissioned in due season.
the law having been enacted on the Both of
May, 1854, and the commission of the
Governor of the Territory of n ebraska being
dated on the I'd day of August, 1854, and of
the Territory of Kansas on the Doth day of
June, 1854.
Among the duties imposed by the act on
the Governor was that of directing and
superintending the political organization of
the respective Territories. The Governor
of Kansas was required to cause census
or enumeration of the inhabitants and quail
fed voters of the several counties and
districts of the Territory to be taken by
such persons and in such mode as he might
designate andappOint; 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 number of the members of the
Council and House of Representatives for
each county or district; to declare what
persons might appear to be duly elected;
and to appoint the time and place of the
first meeting of the Legislative Assembly.
In substance, the same duties were devolved
on the Governor of Nebraska.
While, by this act, the principle of con-
stitutiOn for each of the Territories was one
and the same, and the details of organic
Legislation regarding both were as nearly
as could be identical, and while the Terri !
tory of Nebraska was TRANQUILITY and sue
cessfnlly organized in the due course of
law, and its first Legislative Assembly met
on the 10th of January, 1855, the organiza-
tion of Kansas was long delayed, and has
been attended with serious difficulties and
embarrassments, partly the consequence of
local mal-administration, and partly of the
unjustifable interference 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 Doth
of June, 1854, did not reach the designated
seat of his government until the 9TH 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
Legislative Assembly did not take place
until the Both of March, 1855, nor its meeting
until the second 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 COM
plete government, without any legislative
authority, 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 or counter
act the tendencies to illegality which are
prone to exist in all imperfectly organized
and newl y-associated communities, allowed