The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1861-04-06
GOV. R0BINSON'S MESSAGE
FIRST LEGISLATIVE ASSEMBLY
THE STATE OF KANSAS.


ssnE1tioes Of the State of Kansas:
! It Is source of congratuation that the people
of Kansas, after pupilage of more than six years,
are permitted to iRaugurate government of their
own. Probably no Territory of the United States
has had such q vsried history as that eeled by
France, and of which Kansas is part. From
September 18th, l7l2, until -ceded to the United
States, April 3Oth, 1903, the civil code as modi-
fed by France and the regulations of Spain, was
the law of the Territory. In March, 1904 the
Territory was divided by line corresponding
with the thirty third degree of north latitude and
the northern portion called the District of Louis-
ana. The executive power of the Governor of In
diana was extended over the Territory eu bracng
the present State of Kansas, and the Governor and
| Judges of Indiana were authorized to establish
inferior courts, prescribe their jurisdiction and
duties, and make laws for the government of the
people. In 1905 Territorial Government was
granted to the northern province, and it was call
ed the Territory of Louisiana. Under this gov
eminent the legislative power was vested in q
Governor and three Judges.
| In 1912 the Territory recognized, and
named Missouri Territory, its legislative power
Representatives. In 1920 Missouri was admitted
into the Union, leaving Kansas without any or
ganized government.
On the 30th of May, 1854, Kansas and Ne
braska were organized, with an Executive and
Judiciary appointed by the President, and legis-
lature elected by the people. Under the Organic
Act it was claimed that the people were left per-
| fectly free to form and regulate their domestic
institutions N their own way, subject only to the
Constitution of the United States. This perfect
freedom resulted in an earnest co.. test upon the
question of slavery, which enlisted one side or
the other the sympathies of the people of the States
generally. Tie temptation to plant that institu-
ton in the Terrtory before consecrated to freedom
TO strong to be resisted and to carry out that
purpose the first Legislature was elected by non
residents, citizens of an adjoining State. This
proceeding was earnestly protested against, and
the Legislature thus elected, with its enactments
repudated by the inhabitants. The usurping
Legislature elected ali county and local officers
for term of four years, and provided such tests
and restrictions for voting as to exclude from the
polls all Free-State men possessed of selfrespect,
thus rendering its rule perpetual. The usurpation
was Endorsed by the President, and there was no
way out of the difficulty short of revolution, ex-
| cept in the formation of a State Constitution
Accordingly, in October, 1855, Delegate Con-
vention met at Topeka, framed Constitution and
| provided for State Government. This instru-
ment, although repeatedly ratified by the people,
was rejected by the U. s. Senate. After vainly
endeavoring to enforce the Territorial usurpation
| and after the removal of several Governors for
their inability refusal to ensave the people, the
obnoxious tests and restrictions were removed
from the ballot box, and the people allowed their
rights under the Organic Act
In the meantime q movement originated under
the auspices of the usurPers which resulted In the
instrument known as the Lecompton Constitution.
This Constitution, like the Legislature providin G
it, was repudiated by our citizens and condition
ally rel ccted by Congress, although approved by
| ton was pending in Congress, the people, in Or
der to secure a government of their own, called
another Convention, which assembled at Leaven-
worth and framed third Constitution that was
also rejected by Congress.
Persistent in their efforts to secure their polti
cal rights, another Convention was called by the
people, through their Legislature which met at
Wyandot, July 5th, 1859. and framed the Consti-
called upon to legislate This Constitution has
been approved by Congress, and by the Act of
Admission placed on equal footing pc
litieally with all the States of the Union.
The necessity for SO much Constitution making
and strife Kansas has experienced during the
past six years, has been caused chiefly by the ques
ton of slavery That que stion, so far as the Con-
sttution and laws can settle it, 10 now settled.
Whether not there is vestge of the institution
remaining, is for the Judiciary to decide. 1t is
truly cause for rejoicing that this disturbing ell
ement is forever removed from our local politics,
and that our domestic institutions are such are
best calculated to develop the ana
the highest good of the State.
The formation of many Constitutions was
made necessary by the slavery contest, and this
contest was opened by the action of Congress III
removing the slavery restrictions, and continued
by its rejection Of the Topeka and Leanveworth
Constitutions.
1t is customary for Congress to pay the expenses
of making Constitution in all new States, and
as it owing to fault action of the people
that Kansas was not admitted under her first
third Constitution, but to the failure of Congress
to respond to the popular sentiment in the Terri
tory, the General Government should defray the
expenses incurred in framing them.
The attempt to fasten upon Kansas an institu-
ton distasteful to large majority of the people,
in direct violation of the letter and spirit OF the
Orga mic Act caused much suffering and pecuniarV
loss. 1t is the duty of all governments to pre-
the peace. 1t is for this that they organ
lied and supported. Thc citizen who is taxed to
defray the expenses of q government has Gght
to full protection of life and property, and the
IA n q il
responsible for the 1t is notorious that the
peace of Kansas was not preserved by the Govern
ment, but on the contrary, In many instances, the
officers were the aggressors. In short, had 1t not
been for the interference the part of the Fed
eral Administration, and its attempt to fasten
| slavery upon us in opposition to the wishes of
large majority of our people, but little if any loss
! would have been suffered by our citizens.
The Territorial Legislature of 1859 provided for
a Commission to audit the losses incurred during
the disturbances, and they awarded, as due to our
people, nearly S500000. This amount it clearly
the duty of the Federal Government to pay. and 1t
Is believed that appropriation will be made at
the next session of Congress for that purpose. As
the Legislature provided for issuing warrants on
the Territorial Treasurer for the amount of the
awards of the Commissioners, 1t would avoid con-
fusion and do justice to all parties should Congress
provide that the money paid should be to the
claimant In person, or his attorney on the surren
der of his warrant, to the State Treasurer, who
should pay it out in like manner. This method
would protect all parties, and relieve the State
from all liabilities, should any now exist, without
loss to itself and without mourning the odium in
separable from reputation. The claimants are
very numerous, and for the most part worthy citi-
zens who suffered in just cause, and it is highly
proper that the State should render all aid posi-
BILE In procuring from Congress their due, while it
protects all parties from loss.
From the report of the Territorial Auditor to the
Territorial Legislature, it will be seen that the
present Indebtedness of the State cannot be less
than 500 900. On the principle that taxation and
representation inseparable. this debt should
be assumed by Congress. Kansas has not only
had no Representative in Congress, but the CON
troll of the Territorial Government has been with
the Federal Administration. While We have fur
nshed our proportion of revenue to the Federal
treasury without representation. it is not too much
TO ask that the expenses of the Territorial Govern
ment should be met by that treasury.
In the act of admission, Congress rejected the
ordinance attached to the Constitution, and pro-
posed instead to give the State the 10th and 36th
sections in each township for schools; seventytwo
sections for O university; ten sections for public
buildings six sections to each salt spring, not
exceeding twelve in number; and five per cent.
of the sales of the public lands, with the follow
ing proviso: :" That the foregoing propositions
hereinbefore offered are the condition that the
people of Kansas shall provide by ordinance,
irTevocabie without the consent of the United