The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1859-01-29

indemnify 10 Kansas SuuereTf.
In another column will be found the
Bill presented by Mr.. Clark, "to provide
for the payment of claims" of sufferers bv
the Kansas difficulties, to which we invite
the attention of our readers. Il presents
feasible plan for arriving at correct and
just estimate of the losses, and proposes a
mode of relief which is worthy of calm
consideration. The Bill, perhaps, is not
perfect, and at first glance, without expla-
nation, may not be received as favorably in
all respects, as circumstances require, and
the interests involved would warrant; but
it can readily be amended so as to answer
the object designed, without necessarily
opening the door to class of claims
against which the feelings of the mass of
the people of the Territory naturally re-
volt.
For some time past, the subject has
been under consideration by several gen.
tlemen who were appointed committee
on behalf of the sufferers without distinct
ton of party, and they have correspondent
with various members Of Congress, and
through them virtually ascertained the
views and feelings of the Government,
concerning the claims, as matter of Just
indemnity. From the information OBJ
tanned, It is evident that no Congressional
action thereon can be had at the present
session, for the following reasons 1st.
Because Of the carly expiration of the
term, and the pressure of general business.
End. The claims are not yet collected
together in such shape as to warrant their
presentation Sd. The Secretary of the
Treasury opposes the introduction of any
matter having tendency to deplete and
embarrass the public Treasury under pres
ent circumstances. 4ih. The Administra-
ton members of Congress are opposed to
having the subject presented in any form
that may revive former discussions on
Kansas affairs
1t is known that Mr.. Buchanan has, in
private conversations, expressed himself
favorable to proper indemnity of indi-
viduals, provided the Government can
have the claims presented in such form
that the Territory stands as voucher and
sponsor for the reality and business of the
several demands; and that awards be
made, on the auditing of claims, accord
ing to some general rule equally appli-
cable to men of all parties, or by a tribu-
nal fairly constituted and representing
the several interests and views of the po-
litical parties involved. Many members of
both Houses of Congress coincide in these
views, but they will never consent to the
appointment of rowing commission with
power to come to Kansas and hear and re-
dress grievances al lbitum. The whole
subject must be compressed in a nutshell,
and so presented, as not only to avoid dis
cussion, but to secure the support of men
Of all parties The next House of Rep
resentatives will probably be opposition
the Senate Democratic Whatever meas
ure of indemnity is proposed, must have
such fair and harmonious antecedents in
the Territory that Representatives of both
parties may be called upon to stand to-
gether in rendering justice to their friends
or fellow partisans in the Territory. Un-
less liberal policy be pursued, all parties
unite their efforts here, success in Congress
will be very doubtful.
The Bill proposed looks to the General
vernment for indemnity for losses sus-
tanned by great number of our citizens,
on the general principle that a govern.
ment is bound to protect the rights, per-
sons and property of its subjects in return
for the ful6lment of the duties of loyalty,
obedience, support and contribution which
the latter are compelled to yield. The
duties of the Government and the gov
erned are reciprocal By surrender
of portion of his natural rights on be-
coming an integral part of civil society,
man virtually places himself and his
property at the control of the govern
ment, and is entitled to protection of his
individual rights. This doctrine was re-
cognized in the Roman Civil Law, be-
came portion Of the Common and Statute
Law of England, was specially declared
in the "Code Napoleon" and has long
received the sanction and hearty approval
of the people of our own country. When
the Government has neglected or been
unable to protect the people of different
localities in their lawful rights, or the
latter have been damniied through the
action, non-aciion or neglect of the gov
ernment, indemnity has been given repeat
edly, as the claims of aud allowances
made to California, Oregon, Washington
Territory, Florida aud several of the
States, for Indian depredations and other
wise, will show. The repeal of the Mis-
souri, compromise revived the excitement
and called to activity all the elements of
strife, which had portended serious diff
Guilty in 1920. Statesmen readily under
stood what might be apprehended as
natural result of the measure. However,
proper in itself might be the wipipg out
of merely geographical line, as incom-
patible with the equality and unity Of the
States in pclitica, rights, the opening of our
Territory to settlement under circumstan-
oes and in manner calculated to invite
hitler sectional interests which it was
s.t5ant ,eo,,ld cortan1 ,,-;th a..b 49,