The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1856-02-19
HILLsDALE MICH, TUESDAY, FEBRUARY 49, 1856
TO The Senate and Hosss Of Representatives.

TO tie Senate and House of Representatives:
the course Of governmental organization in
the Territory OF Kansas. and produce there
condition Of things which renders IL in
cumbent on me to call your attention 10
the subject, and urgently TO recommend
the adoption by you Of such measure OF
legislation as the grave exgencies of the
case appear to require.
| A brief exposition Of the circumstances
referred to, and of their causes, will be ne
cessary TO the full understanding of the
recommendations which it is proposed TO
submit.
The act 10 organize the Territories of
Nebraska and Kansas was manifestation
OF the legislative opinion Of Congress on
two great points Of constitutional construc-
ton one. that the. designation Of the
boundaries of new Territory, and pro-
vision for its political organization and ad-
minsiralion as Territory. and measures
which of right fall within the powers of
the general government; and the other,
that the inhabitants of any such Territory
considered as an inchoate State, are enti-
tied, 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 existing States 10 decide ac
cordng to the provisions and rinciples of
the constitution at what time the Terrific.
ry shall be received as State into the
Union. Such are the great political rights
which are solemnly declared and affirmed
by that act.
Based upon this theory. the &C. of Con-
gress defined for each Territory the out.
lines Of republican government, distribu-
ting public authority among lawfully Great
ed agents executive, judicial aud legis-
laive-to be appointed either by the gen.
eral government or by the Territory
The legislative functions were entrusted
to Council and House of Representa-
tives duly elected and empowered to enact
all the local laws which they might deem
essential 10 their prosperity, happiness, and
good government. Acting in the same
spirit, Congress also defined the persons
who were in the first instance to be con.
sidercd as the people Of each territory;
enacting that every free white male inhab-
liant of the same above the age of twenty
one years, being an actual resident there
OF, and possessing the qualification here
after 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 Office
at all subsequent elections should be such
as might be prescribed by the legislative
..sCi.. rru,Iueu, nuwe,er, that the
right of suffrage and Of holding office sho'd
be exercised only by citizens Of the United
States, and those who should have declar-
ed 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 provided, fur
lher, that no officer, soldier, seamen, or
marine, or other person in the army or
navy of the United States, or attached to
troops in ther 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 Terri
tories as, by the act. were to be appointed
by the general government, including the
governors, were appointed and commits
stoned in due season; the law having been
enacted on the 3Olh Of May, 1854. and
the commission of the Governor Of the
Territory of Nebraska being dated on the
Cd day Of August, 1854. and of the Ter
ritory of Kansas on the 29th day Of June,
1854.
Among the duties imposed by the act
IL. 4 hot IF orI
experimenting the political organization
of the respective Territories. The Cover
ernor of Kansas was required to cause a
census or enumeration Of the inhabitants
and qualified voters Of the several coun
ties and districts of the Territory, to be
taken by such persons and in such mode
as he might designate and appoint; TO
appoint and direct the time and places of
holding the first elections. and the man.
ner of conducting them, both as to the
persons to superintend such elections and
the retarns thereof; to declare the number |
of the members of the Council and House
Of Representatives for each county or dis
trict; to declare what persons might ap- |
pear to be duly elected; and TO appoint
the time and place of the first meeting of
the legislative assembly. In substance,
the same duties were devolved on the
Governor of Nebraska.
While by this act the principle Of con-
stitutional law for each of the Territories
was one and the same, and the detains of
organic legislation regarding both were as
nearly as could be identical, and while
the Territory Of Nebraska was TRANQUILITY
and successfully organized in the due
course of law, and its first legislative as
sembly met on the 10th of January, 1855,
the organization of Kansas was long de-
layed, and has been attended with serious
difficulties and embarrassments. partly the
consequence of local mal-administration,
and partly Of the unjust6cable interference
of the inhabitants Of some Of the States
foreign by residence, interests and rights
Of the Territory. u
The Governor of the Territory of Kan
sas. commissioned. as before stated, on the
29lh OF June. 1854. did not reach the de-
signated act Of his government until the
9TH of the ensuing October; and even then
failed to make the FIRST step in its legal or
ganization-that ordering the census or