Evening star. [volume] (Washington, D.C.) 1854-1972, 1856-01-26
EV ENING STAR.
MESSAGE OF THE PRESIDENT.
To tie Senate anR

L " "Io t1tHttc anu .- F
... House of Representatives;
Circumstances have occurred to disturb the
course OF 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 recommend the adoption by you
of such measures of legislation as the grave
exigencies of the case appear to require.
brief exposition of the circumstances re-
ferred to, and of their causes, will be necessary
to full understanding Of the recommenda-
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 q new
Territory, and provision for its political or
ganlzatlon 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 Terri
tory, considered as an inchoate State, are en-.
titled, in the exercise of self 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 e1-
lstlng States to decide, according to the pro-
Visions and principles of the Constitution, at
what time the Territory shall be received as
a State into the Union. Such are the great
political rights which are solemnly declared
and affirmed by that act.
Based upon this theory, the act of Congress
defined for each Territory the outlines Of re-
publican government, distributing public au-
tborty among lawfully created agents-ex-
ecutlve, Judicial, and legislative--to be ap-
pointed either by the General Government or
by the Territory. The legislative functions
were entrusted to 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 to be considered as
the people of each Territory enacting that
every free white male inhabitant of the same
ABOVE the age of twenty one years, being an
| actual res1deet thereof, and possessing the
qualifications hereafter described should be
entitled to vote at the first election, and be
eligible TO any Office within the Territory; but
that the qualifications of voters and holding
| om;e at all subsequent elections should be
such "a might be prescribed by the Legisla-
tive Assembly Provided, however, that the
right of suffrage and Of holding Office should
be exercised 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 Constitu-
ton OF the United States and the provisions of
the act; And provided, further, that DO Of
ncer, soldier, seaman, or marine; or other per-
| son 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 Ter.
| ritory 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
appointed by the General Government, in
cludlng the Governors we appointed and COM
missloned in due seasOn-the law having been
enacted on the 30th of May, 1854, and the
commission of the Governor Of the Territory
of Nebraska being dated On the % day of
August, 1884, and of the Territory of Kansas
| on the 29th day of June, 1854
Among the duties imposed by the act ON the
dovernors was that of directing and supeIin-
| tending the political organization of the re-
spective Territories. The Governor of Kansas
was required to cause a census or enumeration
OF the inha bitants and qualified voters of the
sel raj counties and districts of the Territory
to bo taken by such persons and in such mode
rs he might designate and appoint to appoint
and direct the time and places of holding the
hrst elections, and the manner of conducting
them, both as to the persons to superintend
such elections and the returns thereof; to de-
clare the number Of the members of the Coun-
Gil and House Of Representatives for each
county or district; to declare what persons
might appear to be duly elected and to ap-
point the time and place of the first meeting
OF the Legislative Assembly. In substance,
the same duties were deYolyed on the Cover
nor Of Nebraska.
While, by this act, the principle OF consti-
tuition for each of the Territories was one and
the Same, and the details Of organic legisla-
latiOn regarding both were az nearly as could
be Identical, and while the Territory of Ne
braska was TRANQUILITY and successfully organ
lsed IN the due course of law, and its frst
Legislative Assembly met on the 18th of Jan
uary, 1885, the organization Of Kansas was
long delayed, and has been attended with Sc
rious difficulties and embarrassments, partly
the consequence of local NAL -administr alton,
and partly of the unjustifable interference of
the inhabitants of some Of the States, foreign
by residence, interests, and rights to the Ter
ritory.
The Governor Of the Territory Of Kansas,
commissioned, as before stated, on the 10Th Of
June, 1854, did not reach the designated seat
of his government until the 7th Of the ensu-
ing October; and even then failed to make
the first step in its legal organization-that of
ordering the census or enumeration of its in
habltaDts-until so late day that the cleo.
tion Of the members Of the Legislative Assem-
bly, did not take place until the 30th of March,
1875, 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 sfhcers to be appointed by the Federal
Executive had been commissioned it was
without a complete 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 counteract
the tendencies to iilegality which are prone
, 70 exist In all imperfectly- organized and new
ly- associated communities, allowed his atten
ton to be diverted from official obligations by
other objects, and himself set an example of
the violation Of law in the performance of acts
which rendered it my duty, in the sequel, to
| remove him from the Office of chief executive
magistrate of the Territory.
Before the requisite preparation was accom-
plished for election Of Territorial Legislature
an election of Delegate to Congress had been
held in the Territory on the 29th day of Nc.
vember, 1854, and the Delegate took his seat
in the House of Representatives without chal.
lenge. If arrangements had been perfected
by the Governor 80 that the election for mann