The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-03-15
CONGRESSIONAL.
SENATOR DOUGLASS REPORT ON KAN
SAS AFFAIRS. ...
Sutmatea 10 hs Senate AareA ~, 1866.
TcoHoLUpED

Sutnaatea 10 Lhe Senate Mdreh ~, 1866
[coSoLUDED,
Those who seek find tenabe ground upon which
to destroy validity OF the legislative acts OF Kansas
ing that they cannot safely rely upon the alleged rregu
ary OF The elections nor upon the absence of legal
thor IN the legislature TO the seat of govern
men Halter themselves that they have recently discovered
new fact which viii extricae them irom their difficulty
and enable them TO accomplish their purpose IL is that
by The treaties Of November 1925 and of August s. 1884,
win the Shawnees OF Missouri and Ohio large tract OF
land including the Shawnee Mission where the legislature
held B session. and the governor established the executive
oces was secured TO those Indians, with the guaran-
tee ON the part OF the United States "hat said lands
shall never bo within the bounds OF any State Territory
nor subject TO the laws thereof and that the 9 section
OF the Nebraska act provides that "nohing in
this ACT contained shall be construed to include any ter
utory which, by treaty with any Indian tribe isno with
out the OF said tribe included within the
ritorai limits or Jurisdiction Of any State Territory
but all such territory shall be excepted out OF the bounda
res and constitute part of the Territory Of Kansas
Upon the authority OF these clauses of the treaties and Of
the act OF Congress organizing the Territory it is assumed
that the Shawnee Mission where the legislature enacted
those laws was not within the limits jurisdiction OF the
Territory of Kansas and hence they were null and void
Without admitting, even By implication, that the place
where the legislature should enact its laws would any
extent impair their validity 1t proper TO call the atten-
ton OF the Senate the fact recorded its Journal that
on the 10th Of May 1854 (ony few days before the pass
age OF the kansas-Ne Nebaska act) treaty made with
these same Indians by the first article OF which all the lands
granted to them by the said treaties of 1926 and 1881
ceded to the United States and being thus exempted from
the operation OF the guarantees in those treaties were
the terms OF the organic OF Kansas included within the
limits and rendered subject to the Jurisdiction, of said Ter
rltory
The second article granted the house which the legis
aure afterwards held its sessions and the land upon which
the house Stood TO the missionary society of tho Methodist
Episcopal Church South, in these words: OF the lands
lying of the parallel line aforesaid there shall first be
set apart to the missionary society of the Methodist Epis
copal Church South to include the improvements of the
indian nanuaabor school, three sections of land to the
Friends Shawnee labor school, includi q the improve
nens there three hundred and twenty of land and
to the American Baptist Union, to include the improve
mens where the superintendent OF the school resides
one hundred and sixty Of hand and also 1--WE Of
land to tho Shawnee Methodist Church, including the
meeting house and grave yard and two acres of land 10
the Shawnee Baptist Church. including the meeung-iouse
aud grave-y ard"
The other articles Of the treaty provide for the survey Of
these lands and for granting hundred TO each
Shawnee Indian TO be held as private property subject
such conditions Congress should impose and recognise
the right of the legislature TO lay roads and public
highways across the Indian lands the terms the
law provides for their location through the lands of
of the United States The Rev Thomas Johnson who
president of the Kansas legislative council aud also
agent Of the missionary society of the Methodist Episcopal
Church. 10 which the lands and improvements belonged
authorized the legislature and occupy such portions
Of the buildings Of which be held the lawful possession as
they should find convenient in the exercise of their egsa
tive functions +"
Upon careful review and examination of all the facts
laws and treaties bearing upon the point your committee
are clearly Of the opinion that the Shawnee manuaa
school place which the Legislature might lawfully
adjourn and enact valid laws ia pursuance of the organic
act of the Territory
We do deem il necessary TO inquire into tile expe-
dency Of the the seat of government for the
that it cannot affect the validity of the Legislative
proceedings IL is sufficient to state that the
signed by the governor against the expedency of the
rs "the loss Of time (more valuable because
limed) which organic law alots TO the legislative
session and secondly, "because It will involve pecun
AIRY loss, in view OF the arrangements which have been
made at this place for accommodation As Offset
to the unfortunate circumstance that the people Of Kansas
would be deprived for the period Of days OF all the ad
q
from the wholesome laws which the governor had
meuded TO them To upon all rghu subjects Of egs
ation and 10 the pecunsry loss which would be sustained
in consequence of the removal from Pawnee City, the
bers OF the legislature in their memorial TO the President
Of the United States asking him TO the governor
state their follows for the allegation that there
unnecessary loss Of three months time after the
election in convenng the legislature and that Pawnee
not suitable place for them 10 meet
Amer the contest over, and the result known he
delayed the assembling Of the body until the I'd day Of
Juy-more than three months afterwards-and that too
when the whole Union conyulsed account of al
legged ouraees in Kansas Territory and law for the
punishment prevention Of them When at last they did
upon the call Of the governor point where they
had previously in informal manner protested against
being called with avowAl Of their intention to adjourn
the point which they assembled for the
that the requisite accommodations could not be had
where there faciliues for communication With
their families constituents; where they could even
expense there being gardens yet made by the squat
ers where the house Ia which expected
ding the Monday OF assembling and for the COM
pleuon Of which the eutre Sabbath day and night was
desecrated by the continual labor OF the mechanics where
least oneba OF the members employees and almost all
Others who had assembled there for business otherwise
had camp out in wagons and tents during rainy hot
and where cholera broke out consequence
the inadequate food aud shelter; and when under all Of
these circumstances Of annoyance they finally passed
adournng this point Shawnee mauualabor school,
where ample accommodations provided and where the
governor himself lad previously made u the Of gov
ernment they met by his Veto which is herewith
transmitted"
Your committee have considered Il any part OF their
duty examine and review each enactment and provision
Of the large volume Of laws adopted by the legislature Of
Kansas upon almost every ghta subject Of legislation
affecting nearly every relation and Interest 10 re with
view either to their approval disspproya by Congress
for the that they local laws confined in their
operation 10 the internal Of the Territory the
contro and management Of which, by The principles OF the
federal constitution, well BY the very Of the
Nebraska act confded 70 the people Of the
Territory 20 be determined by themselves through their
representatives In their local legislature and by the
Congress- in which they have Representatives TO give
withhold their assent 10 the laws upon which their
rights aud liberties may all depend Under these laws
marriages have taken place. children have been born
deaths have occurred estates have been distributed
tracts have been made and rights have accrued which il is
competent for Congress diyest II there can be
doubt in respect the validity Of these laws growing
OF the alleged rreguary Of the election Of the members Of
the Legislature the lawfuness Of the place where i
sons held which Il copetentor any tribunal
quire uto with view 10 its decision at this day and
the series Of which have cnsued be judicial
question: which Congress have control, and
which be determined only by the OF Justice
der the protection and sanction Of the constitution
When II proposed in the last Congress annul the
af If