The national era. [volume] (Washington [D.C.]) 1847-1860, 1856-04-24


act and whs actual residents Of the Territory"
These, sir, are limitations imposed by the organic
act upon the Territorial legislation of Kansas Let
see whether the enactments of this self consttu-
ted legislative body violate these provisions of the
organic act. If they DO, would like to know by
what process of reasoning gentlemen arrive at the
conclusion that anybody is stopped by them. The
election enactment Of this Legislative Assembly,
which told has tho authority of law and that
it concludes us. in my judgment is and fla
grant abuse of the powers intended to be conferred
by the organic act, and also gross violation of that
act. 1 refer, Mr. Speaker to the election law un-
der which the sitting Delegate was chosen. 1t will
be found on page $50 of this volume before me- pur-
porting to be the Statutes Of the Legislature of Kan
sas.
Section first provides that, on the first Monday OF
October 1855, there shall be election in that Ter
ritory for Delegate to Congress Section four pro-
vdes that in there be court house in the
sra counties of tho Territory the election shall be
held there but that in there be court house.
the county commissioners shall fix the place Of cleo
ton; and in the commissioners shall fail to fix
the place for the election in any county twenty days
before any election it shall be the duty of the sheriff
of such county to designate the place of holding the
commissioners may establish such additional elect
i've precincts as may seem to them proper, not ex
ceeding one precinct in any municipal town
ship. This Legislative Assembly, it viii thus be
the places of election (which by the organic act
conferred exc!uiUely upon the Legislative Assembly
of Kansas) to the county commissioners first, and
then if the commissioners do not exercise the power
to the sh criffs of the several counties submit TO
tho House whether delegated authority of this
kind be thus transferred and exercised through
irresponsible agents. If this Assembly in Kansas,
which are told is the valid, legally constituted
Legislative assembly " of the Territory; could
transfer to the county commissioners, and after
them to the county sheris, the power Of fixing tho
places of election, which this organic act conferred
exclusively upon them could they not, in like man
ers the power of also fixing the and of
elections? Is thore any who is willing to stuti
fly himself by saying that it would be within the
power of the Legislature to do this Why sir, the
organic act does not contemplate that any Aegtsia-
tiUe orvev the time, place and manner of cleo
tions in that Territory, shall vest in the county
sherifs or county commissioners. On the contrary,
L read in the organic act this strange language,
E" that the legislative power and authority of that
Territory shall be vested IN a Goreynor and Legis-
Lativs ASSEMBLY," and that the paces as well as tho
time and manner of election shall be prescribed by
law"
The place Of the election of the first Monday of
October last not prescribed by law, as requir
ed but that power as said before, was upon GER
tain cary probable contingencies strangely delegated
to the county sherifs and county commissioners. Is
not that unusual sort of legislation BY this
enactment, the people were advised that in what
ever county there is court the election shall
be held there but if there is court house then
the election shall be hold at such place the
W commissioners or snerlns may prescribe: prOvl-
ded, however, that the county commissioners may
establish an election precinct in every municipal
township, and it is supposed place for the election
therein Sir, this election law, it is called passed
by this body of usurpers assuming to be tho Leets-
lattice assembly of Kansas violates the org act
of that Territory in another very important particu-
lar The eleventh section of the Kansas election act
provides for the qualification of electors, and de-
clares, among other things, that "every FREQ male
Indian, who is mado citizen of the United States
by treaty oheroise who is over twenty-one years
OF age who shall be nhabitant Of the county and
Territory, who shall have paid Territorial tax.
shall be qualified elector." The otherwise - used
in this statute is supplied by tho succeeding clause
of the same enactment; which clause is in the Sc
words: "And all Indians who arc inhabitants of
this Territory, and who have adopted the customs
the white man. and who liable to pay taxes shall
be deemed citizens"
1t is understood, believe, that all the Indian
tribes in that Territory are not made citizens by
treaty. 1t is understood and so expressed in the
thirty section of tho organic act that the
Government of the United States has entered into
sundry treaties with the several tribes of Indians re-
siding in that Territory. treaty, believe, is a
contract entered into between sovereign Powers.
believe the several treaties contemplated by the
orgaLi c act were made by and between a sovereign
Power, known as the people o. the United States
the one side, and other several sovereign Powers,
known the Indian tribes" in that Territory,
upon the other side.
Mr. PHELPS. desire to inquire of the gentle
man from Ohio if he asserted that no treaties had
been made with the Indians inhabiting the Territory
of Kansas, by which they made citizens of the
Mr.. BINGHAM. say that the organic statute it.
self implies that there is treaty making all the In
dams within that Territory citizens.
Mr.. PHELPS. / desire to inform the gentleman
ding in tho Territory of Kansas made citizens Of
the United States.
Mr. BINGHAM. beg leave to ask the gcntlem an
whether that treaty makes oil the Indian tribes in
habiting that Territory citizens.
Mr.. PHELPS. l assert that only in reference to
one tribe
Mr. BINGHAM. That does not help this Kansas
statute because this statute irrespective of the fact
that large numbers of these Indians are not citizens
but allie Ms provides that all Indians who are in
habitans of the Territory and who may have adopt
ed the customs of the white man. and are liable to
pay taxes, shall be deemed citizens" Now sir where
was the necessity of this provision if all the Indians
nhabitng that Territory had been made citizens by
treaty. and were, in fact, already citizens of the
United States? And if they not citizens of the
United States, whence did this Assembly derive the
power to make them citizens, contrary to the ex-
press prohibition of the organic act-they neither
having declared their intentions nor taken the oath
as required by the act?
This organic act provides, that the "qualifca-
tions OF voters and of Office shall be such shall be
prescribed by the Legislative Assembly, provided
the right of suffrage shall BIO exercised oniy by citi-
zcns of the United States and those who shall have
declared on oath their intention to become such
anu VINO snail nave taken an 0ath to support the
Constitution of the United States. and also the
Kansas NEBRASKA act" take it. sir, that all these
Indian tribes, with whom the Government of the
United States has treated are not citizens of the
United States 1 never before heard of Govern
ment which entered into treaty stipuatons with its
own citizens except in this remarkable case of these
Kansas people. i understand that the present act
ing Governor of Kansas has recently entered into
treaty, offensive and defensive with the people of
that Territory, known as the Lawrence Treaty! 1t
is the only treaty that know of, which has been
negotiated within the memory of man where there
was bus one sovereign party asserting to it, In the
case OF this Lawrence treaty believe the only
erelgnty known as 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 ex-
traordinsry provisions of this election enactment 1t
Is enough to know that it confers on courts and
sheritfs the power to egisate over the people and
on Indians the right tf 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 legally constituted Legislative AssezabIy
was there convened. We are told that by all this
legislation the petitioner here is estopped from in
curing as to its legality and that is only modest
way of telling us that this House is in like manner
estopped by it from inquiring into the legality of this
Assembly, because it is conceded that if this cues
ton be cognizable by the House at ALL it is so on
the memorial OF any citizen of the United States
and also that the House may of its swn motion raise
the question. We are told, as already stated that
all the legislation of this Territorial Assembly works
estopPel. And such legislation Has the world seen
anything like it since Draco wrote his laws in blood
Consider it, and then tell me whether there are not
upon its face proofs as strong Holy Writ" that
1t never emanated from Legislature chosen by free
men to represent freementhat such atrocious lecis
latiOn never was enacted by the mere servants Of
free people for the government of their masters nv
creatures for the cor troll of their creator
find on page u.s. ZIG, and III, of this volume of
Kansas laws passed by this Territorial Assembly an
enactment by the fourth section of which IL ia madc
felony, punishable with death, for any person to
carry away out of that Territory any slave belonging