The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-08-14
KANSAS AFFAIRS SENATOR D0UGLAs's RE-
PORT


bill from the House Of Representatives entitled An act TO
reoganze the Territory OF Kansas and for othepupose
beg leave to report . .4.u.. .f .s.i7tH
The first section of the bill provides @TLat all that part
of the territory Of the United States whchs between tho
parallels of thrysx degrees and thirty minutes and forty
SegnssrV V be Tsrros ab ba soohsa
thereof and east of line thence due south to the said par
ael of thirtysix degrees thirty minutes and
Is bounded the east by the western boundary Of the
State of Missouri shall constitute Territory and shall
be- and hereby s constituted and organized into tenn
porary government, by tie name Of the Territory OF
Kansas" .f4yala
BY reference to the map will be perceived that in ad
dton all the couatry embraced within the limits Of the
present Territory of Kansas it proposed to include in tho
Territory all the country between the southern boun
Diary of the Territory defined by law aud the par
ale of SO deg 80 min, extending from the western boun
Diary of the State of Missouri than twelve and
half degrees of longitude and being about thirthve
miles in width the eastern and hundred and FIVE at
the western extremity The eastern portion of this strip of
country which II is now proposed TO incorporate within
and render subject TO the jurisdiction of tho Territory of
Kansas ceded with other territory to the Cherokee In
dan by the treaties of the 9th of May 1929 April 18TH
1882 and May as 1896 for 9" psrana hea ana s gh,e
Be and remain theirs forepeA HOME THAT SHALL NEVER IN
FUTURE TIME EMBARRASSED B2, aHAviEGf EXTENDED
LINES PLACED OVER 1T rHR JURISDICTION,
OF TERRrroRY OR STATE Be pressed pon the exen
sion IL sOay Of any the limits OF any existing Terrific
ry or State" ...a J ~ aDi,p1a
In view of this "ost solemn guarantee of the United
States to the Cherokees your committee cannot refrain
from the expression OF the hope and belief that the House
Of Representatives in passing bill to extend around this
Indian country the lines of Kansas and render it subject
the jurisdiction of that Territory acted without due
consideration, and probably without full knowledge OF
these treaty spuatons When the organic act OF Kansas
passed in 1854 the parallel Of fixed
upon the southern boundary of the Tertoyinstead OF
the line of thrtsx degrees and thirty minutes with the
view to the preservation Of faith the part of the United
States towards these Indians and lest injustice might be
done to other Indian tribes who held their lands under
treaties with the United States it was expressly provided
that nothing in this act contained shall be construed to
rnhfo
the Indians in said Territory long such rights shall
remain unexngushed by treaty between the United States
sna such or to = any ts
said tribe to be included within the aterorid limits or
jurisdiction of any State Terrory bat such territory
shall be excepted out of the boundares and cosue no part
Of the Territory of Kansas In these considerations your
committee find insuperable objections to- that portion OF
the bill from the House of Representatives which proposes
to include within the limits and render subject to the Ju-
sdicon of the Territory Of Kansas any part Of the coun
try which is thus secured to the Indians by solemn treaty
stpulations nti nv II
Nor are the objections less formidable incorporating
within the limits of Kansas that portion of Territory OF
New Mexico which lies north Of the line o3S deg 30 min
and east of the Rio Grande and subectng AZ to the ope
ration of the other provisions of the bill That part OF
New Mexico, containing about $4,000 square miles, was
purchased from Texas by OF the acts known as the
compromise measures Of $780, and formed part OF the
territory for which the United States paid the State OF
Texas ten millions Of dollars The second section OF the
act OF Congress which contains the terms and
the compact between the United States and Texas for
the purchase of that territory incorporates the same In the
Territory of New Mexico with the following guarantee
"And provided further, that when admitted as STATE the
said Territory any portion of the shall be received
into the Union with wom siavey as their eonsftu'on
may prescribe at The time Of their adnsisson.n
After asserting this great principle of State equality as
suton and as guaranteed in the compact with Texas by
fair ntendment far the country was acquired from
that State the seventh section of the same act provides
tina the legislative power of the said Territory shall eI
tend 10 All ohul subjects Of legislation, consistent with
the constitution o. the United States and the provisions
of this ac-hus leaving the people perfectly Tree to form
and regulate their domestic institutions in Their own way
subject only to the constitution ii is proposed In
the bill under consideration to repudiate these guarantees
and violate these great fundamental principles by amer
ing to Kansas all portion of the country acquired from
Texas which lies north Of SO deg 30 mn- and imposing
upon prohibition of slavery forever from and ater
the first day of January 1863 regardless Of the gh ana
wishes Of the people who may nhabit the Territory
The twenty fourth section Of the bill Is In the following
words
Src "a And Be further enacted That so much of the
fourteenth section and also mach OF the
section of the passed at the first session OF the thirty
third Congress commonly known as the
act reads as follows to wit; Except the egh,n secon
Of the act preparatory TO the admission OF Missouri lno
the Union approved March 1906 which, being lncons
with the principles of non-ineryenon by Oongess
with slavery in the States and Territores
the legislation OF 1850, commonly called the eomPr0Se
measures is hereby declared imperative and VoiG " e
the true intent and meaning OF this act not TO
slavery into Territory or State nor 70 exclude e
and regulate their domestic institutions in thelr own way
subject only 10 the constitution Of the United States: Pro
Vided That nothing herein contained shall be construed
to revive put in force any law or reguianon %ncn @
may lave existed prior to the act Of 9Th March, iSzo
either protecting, establishing prohibiting or aboshi9g
slavery-be and the Is hereby repealed ana 'ne
said eighth section Of said act Of 9th March 1871, ID
hereby revived and declared to be in full orce ana
effect within the said Territories of Kansas ana Ne
braska: Provided however, That any person Lawfully ne,u
TO service in either of said Territories shall not De aus
charged from such service by Of such repeal ana
revival Of said eighth section II such person shall be per
maneny removed from such Territory Territories ror
TO the ls day Of January 1858 and any child or children
born In either of said Territories of any female lawfully
held 20 service In like manner removed without sald
Territories before the expiration OF that date shall not be-
by Of anything in this act eancpated from any
service might have owed had this act been passed
And provided further That any person lawfully held to
service in any other State Territory of the United States
and escaping into either the Territory Of Kansas Nebras
k may be reclaimed and removed 70 the person or place
where such service Ia due under any law Of the United
States which shall be in force upon the subject
In the opinion Of your committee there various grave
and serious objections 70 this section OF the bill In the
first place IL expressly padiaes and condemns the great
fundamental principles Of and State equal
braska act to maintain and perpetpste ss affirmed in the
following provision ut being the true intent and mean
ing Of this not legisate slavery into any Territory
State nor 10 exclude II thereom but 70 leave the pco
pie thereof perfectly free TO form and regulate ther domes
tic institptons in their own y~asubectopp to the con-
Not content with repeating this wise and just provision,
and condemning the sound principles assert
ed in IL the bill proceeds to legaze and establish for
limited time hereditary slavery not only in the Territory
Of Kansas (where there s other local or affirmative
law projecting II than the enactments OF the Kansas terri
toid and which the House Of Representatives by amend
ments I'd the REORGANIZATION bs have instructed the pTes