Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1856-02-07
3Dplitiital
Special MESSAGE from THE PRESIDENT.


houses of Congress, on Thursday, in relation to
the Kansas question::
To the Senate and House Of Representatives: :
Circumstances have occurred to disturb the
course 9 governmental organization in the
Territory of Kansas, and produce there con-
dition of things which renders it incumbent on
me to call your attention to the subject, and
urgently to recommend the adoption by you Of
such measures of legislation as the grave ext
gencies of the case appear to require.
A brief exposition of the circumstances re-
ferred to, and of their causes, will be necessary
to the full understanding of the recommends
tions which it is proposed to submit
The act to organize the Territories Of Ne
braska and Kansas was manifestation of the
legislative opinion of Congress on two great
points of constitutional construction; one, that
the designation of the boundaries of new Ter
ritory, and provision for its political organiza-
ton and administration as Territory, are
measures which of right fall within the powers
of the general government; and the other, that
the inhabitants of any such Territory considered
asan inchoate State are entitled, in the exercise
of fself.government, to determine 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 the provisions and principles of the consti-
tuition, at what time the Territory shall be re-
ceived as State into the Union. Such are the
great political rights which are solemnly de-
clared and affirmed by that act.
Based upon this theory, the act of Congress
defined for each Territory the outlines of repub-
lican government, distributing public authori-
ty among lawfully created agents-executive,
judicial and legislative-to be appointed either
by the general government or by the Territory.
The Legislative functions were intrusted to a
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 defined
the persons who were in the first instance tobe
considered as the people of each Territory !;
enacting that every free white male inhabitant
of thesa above the age of twenty-one years,
being an actual resident thereof, and possessing
the qualifications hereafter described, should be
entitled to vote at the first election, and be ell
gible to any Office within the Territory; but
that the qualifications of voters and holding
Office atall 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 exerci-
sed 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 constitution of the United
States and the provisions of the act: And pro-
vided, further, that no officer, soldier, seaman,
or marine, or otherpersons 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 Territories
as, by the provisions of the act, were to be ap,
pointed by the general government, including
the governors, were appointed and commission
ed in due season; the law having been enacted
on the a0th 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 29tf
day of June, 1854.
Among the duties imposed by the act on the
governors was that of directing and superin,
tending the political organization of the re-
spective Territories. The governor of Kansas
was required to cause census of enumeration
of the inhabitants and qualified voters of the
several counties and districts of the Territory
to be taken, by such persons and in such mode
as be might designate and appoint; to appoint
and direct the time and places of holding the
first elections, and the manner of conducting
them, both as 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 ap
pear to be duly elected and to appoint the
time and place of the first meeting of thelegis
lative assembly. 1nsubstance, the same dutie:
were devolved on the governor Of Nebraska.
While, by this act, the principle of costitu
tion for each of the Territories was one and the
same, and the details of organic legislation re,
garding both were as nearly as could be iden
tical, and the Territory of Nebraska was tran
gully and successfully organized in the due
course of law, and its first Legislative assembly
met on the 18th of January, 1855, the organi
zation of Kansas was long delayed, and has
been attended with serious difficulties and EN-
barrassments, partly the consequence of loca
mal-administration, and partly of the unjusti
fable 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 29th ot
June, 1854, did not reach the designated seal
of his government until the 7th of the ensuing
October; and even then failed to make the first
step in its legal organization of ordering
the census or enumeration of its inhabitants
until so late day that the election of the mem
bers of the legislative assembly did not take
place until the Both of March, 1856, nor it:
meeting until the second of July, 1855 S.
that, for year after the Territory was const
tuted by the act of Congress, and the officer,
to be appointed by the Federal Executive hat
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