Year: 1859

of our Territory at the earliest possible
period. Here, then, we had provided for
the future so far as we could but in the
interim, before the action of Congress, we
would be without government of general
character, and without legal redress for the
thousand of personal grievances which
necessarily arise, and the more particularly
in an unorganized community. The only
resource left US was the exercise of that
inherent right of self government which
every community of American citizens is
held to possess. The necessities of the time
being, gave rise to the formation of the
government of which your honorable bodies
form the legislative branch. And though
the right which we have to form and main
tain provisional government in the absence
of regular organization cannot be success
fully questioned, yet it behooves US, in the
formation of this government, to give to the
world, in distinct terms, our reasons for
proceeding to take this step.


OurTerritory occupies an isolated position
separated from the seats of government of
Kansas and Nebraska by distance ofabout
seven hundred miles, two hundred of which
is an almost sterile plain. Our interests and
avocations differ so widely from those of the
citizens of either of the aforementioned
Territories, or any other from which our
Territory is formed, that it is utterly impos.
sible for US to be successfully incorporated
with them in the same civil organization.
An organization of a county or counties has
been attempted by the Legislature of Kansas
Territory, but which action has been utterly
abortive and imperative in its effect. 1t
is apparent that any jurisdiction of Kansas
Territory over this country is expressly
prohibited by the 10Th section of her organic
act. Hence this pretended organization has
proved totally inadequate to our wants,
having only the shadow without the living
substance of a government.


We have had no courts of either criminal
or civil jurisdiction, either original or appel
late. Life and property were insecure and
crime was unpunished, and to great ex-
tent unrebuked.


There can be no conflict with the laws of
the United States, nor any disrepect shown
to the Federal Congress, by taking the first
and best course for the mutual protection,
safety and happiness of the people of the
Territory oil Jefferson, when the exigencies
of the case so imperatively demanded action
in the premises.


That the necessity for government was
felt, and that the government meets with
the appreciation of large majority of the
people, is shown by the overwhelming vote
in its favor at the late election for its
adoption. 1t now becomes the officers elect
under this government to use their best en-
deavors to meet the ends for which the gov
ernment was established.


A great responsibility rests upon the first
Legislature of any commonwealth. 1t be-
comes you we'll to consider the Importance
of all your actions. 1t is not the mere ex-
igencies of the present which you are to
meet, but your works will give cast and
character to the future of this country. The
foresight and calm delberation of the sage
will be required in the first moulding of the
the laws and institutions of our embryo
State. The eyes of the Union are upon US,
and there are those ever ready to criticise
every step which may be taken amiss let
US then not underrate the Importance of the
task before us, but go to work like true
citizens and patriots devoted first and last to
the we'll being of our country


The developments of the past season have
conclusively proven that the gold mines will
yield immense treasures to our enterprising
citizens, and the explorations which have
been carried on so indefatigably in every
gulch and cannon extending even over the
Snowy Range open up field for future in
duStrV of immense extent


Then the mines of silver, iron, copper,
lead, coal and the quarries of limestone,
marble gypsum, grit, and other useful pro.
ducts of the mineral kingdom, furnishes a
guaranty of future wealth unsurpassed by
any country.


That it will be your early care to pro-
tect the miner in his arduous labors, and
secure him the fruits of his toll, I sincerely
trust.


The agricultural and horticultural re.
sources of this country have been this sea-
son sufficiently developed to warrant US in
believing that the cereals and other vege-
table productions OF this latitude may be
very successfully and profitable cultivated.
ANY legislation which may tend to encour-
age the agriculturist should receive atten-
ton. seuA> #4 l4&


1t will become your duty to establish civ
il and criminal code of practice, to be plain,
certain and easy Of construction, which will
afford to the party aggrieved, a speedy, i'm
partial and adequate remedy. 90


The criminal law should be plain in its
specification OF crimes, with penalties that
can be inflicted, attached ITO each offence as
it is the certainty punishment that causes
the law to be obeyed and respected.


would recommend a statute providing
for Miners courts, by giving jurisdiction Of
cases wherein mining interests are at stake,
to certain officers, with the right of jury
trial, and appeal to the District Court and
that all courts, whether oloriginal or appel
late jurisdiction, shall be bound to recognize