The Kansas herald of freedom., 1859-07-16

Printed pursuant to o Resolution Of the Consti-
tutional Convention, passed July ii, 1859.
To the Convention to frame Constitution
and State Government for the State Of
Kansas:
Pursuant to the provisions of the Act
of the Territorial Legislature, approved
Feb. Z, 1853, entitled "An Act to provide
for the Adjustment and Payment of
Claims" the undersigned Commissioners,
duly appointed under said Act, respect
fully report as follows:
That in view of the unfortunate circum-
stances that had attended the organiza
ton of the Territorial Government, the
destruction of property that had taken
place during the internecine war, and the
excited state of public feeling arising from
losses and cutrages that the people Of the
Territory complained Of, Governor Geary,
in his Message, dated January II, 1857,
used the following language:
ain travelling through the Territory have
discovered grea. anxiety in relation to the dam
ages sustained during the past civil disturb
ances, and everywhere the question has been
asked as to whom they should look for indemni-
Is. These I'M Understanding houses, plumber
ing fields and stealing horses and other proper
ty-haVe been fruitful source Of irritation and
trouble. and have impoverished many good citi-
Zens. They cannot be considered as springiDg
from purely local causes, and as such, the SUBJ
jects Of Territorial redress. Their exciting
cause has been outside Of this Territory, and the
agents. in their preparation, have boon the eiti
Iens of nearly every State in the Union. Ii has
| been species If national warfare waged upon
the soil of Kansas, and it should not be forgot
| ten that both parties were composed OF men
| rushing hero from various sections of the Union
| that both committed acts which no law can JUS
| tify, and the peaceable citizens Of Kansas have
been the victims, In adjusting the question Of
damages, it appears proper that o broad and
| comprehensive view of the subject should be
taken; and have accordingly suggested to the
General Government the propriely Of recon-
mending to Congress the passage Of an Act pro-
viding for the appointment Of a commissioner
to take testimony and report to Congress for final
action. az as early day as possible
Thereupon an Act was passed by the
Legislature and approved February 23d,
1857, authorizing the appointment of a
Commissioner, "to audit and certify
Claims" in accordance with the provi-
sions therein specified. Hon. Hiram j.
Stricken, who had served as Adjutant
General of the Territorial Militia under
the laws of 1855, and was presumed to
have full knowledge of the late condi-
ton and events of the Territory, was APP
pointed such Commissioner. Pursuant to
said Act, Gen. Strickler proceeded to the
discharge of The duties specified, and pub
lished a notice containing the following
paragraphs, and commenced taking tssti-
mony Sept l, 1857:
"NoTIcE TO CLAIMANTs.-Whereas under the
provisions Of IN Act to provide for the audit
to- both passed and approved Februar sn sd
le01, the undersigned has been appointed com.
missioner TO audit and certify all claims of all
and every person or persons who may present the
same for consideration for
Il. Public Moneys actually and necessaril,
expended for The purpose of maintaining anG
carrying into effect the laws Of this Territory. OIL
lnsurrectiOn, v neither in sustaining the militis
or any posse of The Marshal or any Sheriff Of AM
county Of the Territory.
=. tFrigdte Claims Of all persons who ma!
have sustained any loss or damage in conseuuPnc,
Of, or growing cut of the difficulties in this Ter
ritory, by way Of loss of property OF consequent
expenses, Mt any time since the passage OF tn,
Act to OulaniZe this Territory, viz MAY 81 1854
The said Act provides for the taking of testimo
. ny in support Of all such claims, collection ant
certifcation OF vouchers, and making true anC
I tOTTScV statement In duplicate OF all such
counts-one 10 be laid before the next Congress
OF the United States, and the other before til,
next Legislative Assembly of Kansas Territory
to the END that proper and united efforts may b.
made 60 obtain from Congress compensation anC
indemnity Tor the losses, expenses and damage
incurred b. the citizens of this Territory, with
out distinct ton of party"
The paragraph contained in Governo
Geary's Message was the foundation 70
the presentation of a Bill in Congress b,
Gen. Whitfield, in January 1857, de
signed to secure an appropriation for tn
objects specified; but the prevailing ex
element in regard to Kansas affairs pre-
vented final action upon it at that session
During the session of Congress il
March, 1858, Gen. Strickler forwarded t.
, Washington, for presentation, his repor
3 aud the testimony taken, as required b,
the said Act of February 20, 1857. Tn
Territorial Delegate, Hon. NJ. j. Parrott
had the matter referred, and at the sam
0 session presented Bill in relation to tn
| losses sustained by the people of Kausa.
4 the provisions of which he believed woul
meet the views and wishes of his constit
1 uen;s. The unsettled condition of Kan
: sas affairs AID the continued troubles i
the southern portion of the Territory
+ were regarded as sufficient excuse for til
=, committee to refrain from making prac
i teal report.
In January, 1858, General stritkle
: reported to the Legislature in regar
!, to his proceedings. Upon that repol
r no action was had. The Legislaiur
of 1858 was the first in which the peopl
Of Kansas had had control. Upon th
t old issues of "Free State" and ''Pro.slave
9 ry," party feeling continued excited
n Owing to the position that large Dol
ton Of the Free State settlers had previ
ously assumed, antagonistic to volunta
~ recognition of the laws passed by tn
1 Legislature of 1855, it was well know
q that many sufferers had not presen.e
their claims, which would mostly rang
under the private class ;" while, on tn
other hand, the amounts proven by an
, allowed to individuals for contribution
Q and expenses sustained, under the hea,
OF public class" were of a character tina
the Free State men in that Legislator
did not feel themselves bound to aid il
4 obtaining compensation for. The Who'll
r subject consequently, was again passed b,
without legislative action.
At the late session of the Legislature
1859, Governor Medary presented Gen
Strickler's report in full. The report wa
. printed. from which it appears that o,
357 claims presented, he awarded OF
the private class $254,279 25; publi
class, S39,942 80. His report contained
the names of claimants and amounts
awarded, but furnished no clue to the ma
: ture of the claims, except by perusal o
, the actual testimony taken in each case
Hundreds of claimants throughout the
Territory, without distinction of party
had already made known their views II
regard to the incompleteness of the re.
port, (not through any intentional neg.
lect on the part of Gen. Strickler, but
, fOr raaunpc alr rafor.aI