_____ £ ,?*■*•>' ~. *■*
BV GEO. W. BOWMAIV.
NEW- SERIES.
Select jXo £ t V .
- >4;V-jV v" *
• ;' rv -_.
ANSWER TO
< ; V. ILL iOl LOVE MC VVHEN 1 AM OLD."
A LYRIC.
Ye?, ah yes, e'en then IM! loVelhee,
When the day of hie deefmes;
When -'nt*ih shadows daflptbove thee,
And n<v ray of p!easorelKines:>
When -thy fojiri, now Lh'the and grace.'id,
Bend? beneath the wei;:!it of years- '
And thy sntil, .so calm and peaceful, '
f iorti the world s corroding cares.
When thme so.t bright eyes are faded,
That so fondly look on me;
And the y loom of aye has shaded
All that's beautiful ro thee;
When thine ear forgets it- hearing
And can never know again,
he..' w : use dulcet tone- nre r!]perir tr
Then, ah yes, i'.i love thee then.
When the hand of t.ter effaces
\out!; > bright rose- from thy cheek;
Leaving there .Ts furrowed traces,
1 hat a mournful language speak;
When thy trust in earth is shaken.
Faithless proves the world and when
By all olh'-rs thou'it forsabei ,
I, in truth, shall love thee then.
V\ i.en the hill oi 1 iie descending,
Wearily we travel on;
Then as now our p rits btending,
I di in love they are but one,
Vj:otts ot tfi° pas; shall cheer u3
io the liaven of our rest;
Faith in tuture hli-s shall bear us
To the mansions of the ble-t.
eeneyuamrtoe* - WJHWW
IfSSKE
GOV. JOIIA W. CESEV,
To the Legislative Assembly of Kansas
Territory.
Cent.',-wen of fhe Council an lof the House,
of Represent nti vrs :
i re alt-w i>e and beneficent Being, who con- j
trols alike the destinies of individuals and of na
tn, has permitted yon to convene this day,
cftrged with ■ grave responsibilities.
lint of the are upon von, watch
ing with anxietv the result of your dtdibera
fiorand of your joint action i"; the execution
of the delicate and important duties devolving !
upon us.
Selected at a critical period in the history 11
the ci.untrv to discharge the executive 'uncti ms
of this Territory, the obligations I was required i
to assume were of the rr.ost vv ightv import
ance. And when I fame seri. uslv to contem
plate their tt-agnoode, I would have shrunk
ircun the responsibility. vwre it not tor an im
. licit reliance up n Doone ai i. and a f i.: I con-;
iitii-r.ee it) th vi<;ue, g-a. arid patiintism oi the
citizens, w ill.out vv! ich the wisest executive
sugg. lions must lie futile and inoperative.
To Veil, legislate.rs, invested with sovereign
authority, ! h k for that hearty co-operation
which will enahlt* u successfully to guide the
ship ;.f Slate through the troubled waters, into j
th-* 1 aven of sati v.
It is with feelings of profound gratitude to ;
Almighty God, the bount< •>). giver of ail good,
1 i.ave tile pleasure of announcing tlmt alter j
the fitter contest of opinion through which vie
have recently p.-osed, and which has urwdrtu- j
lai'.eJv dt i fratricidal irife. that p. ace vv loci: j
J have e'.eiv Pas.:: t> Sieve vet'! i.e perm.il- i
t-fd, now reigns ti rougie i:f toe Territory am!
2 idderis with its g.-i iai mil. "uncos, h ires an.
warts which but lately w- -e sail and desolate ;
t: ■-( the robber an! the murderer have been j
driven from our soil : that burned cabins have ■
n replaced bv substantial dwellings : tiiat a
•' •"liieg ■>(' confidence and kindness has taken
the pi ice of di.it: ust and hate; that all good
citi/ens ar--disposed to deplore the errors and
exc >s>*s of the past, and unite with f aternal
d in repairing its injuries, and that this Ter- '
' ary—nnsurpas.-ed bv am portion of the con
tinent lor the salubrity of its climate, the fertil
ity of its soil, lis mineral and agricultural
wealth, its ti,tiher-f inged streams, and fine
77
quarries of building-stone —has entered upon a
car- t of unparalleled prosperity.
To maintain the advance we have made, arid
realize the bright anticipations of the future ; to
buiid up a model commonwealth, enriched with
a . t ie treasures of learning, of v irtue and reii
gi n. and make it a choice heritage for our chil
dren and generations vet unborn, let me, not
only as your Executive, but a a Kansan,devo
ted t, t lie interest of Kansas, and animated sol—
ly by patriotic purposes, with ail earnestness
inv-( ke von, with one heart atui soul to pursue
so high and lofty a course in your deliberations,
a-, by is moderation and justice, will commend
itself to the approbation of the country and
coin nand the respect of the peopl**.
Tiusjieir.g the first occasion afforded me to i
"peak to the Legislative Assembly, it is but
proper, and in accordance with general usage,
that I should declare the principles which shall j
give shape and tone to my administration.—
principles without elaboration, 1 will
condense into the narrowest compass.
tEqual and exact justice" to all men, of
whatever political or religious persuasion;
peace, comity atui friendship with neighboring
Mates and Territories, with a sacred regard for I
Mate rights and a reverential respect for the in
tegrity and perpetuity of the Union; a rever
ence tor the Federal Constitution as the concen- ;
trated wisdom of the fathers of the Republic,
an'i the Vr-rj ark of our polltical -TrS-tv; the
culti vat!■ :i . ! a pur-* and energetic im'.kmalitv,
ano df ; :j:jjj''ot of an exalted and -
■ V vlf**i pal riot ism;, a .fba.'ous regasd fr>r the e
lecliy-* franchise and (tie entire sturdy and
sane t i(y tit a tir in- determination
tu4.!hTP to the douj.tines of -H
a:;d popular soverignfy as guarantied bv !►• Or
ganic Act; ftnq.ttalt(ied submissj^n(yghe will of
the rnaj .rity: the election of aft <&ieiW!>y :lm
people themselves ; tin- supremacy of the civij
over the military authority; strict economy it
pu -i!Cexpenditure's with a rigid accountability
of a,l officers; the preservation of the
public fUvlh and a currency based up ui and e
tjnal to gold an ! silver: free and sate immigra
tion from e'my fjnarter of the country: "the
cultivation of a proper Territoiia! pride, wit i a
firmination to submit to* no in vasion of
""'WFt' ignl -V > ,ht * fostering rare of agricul
t uri^^Wmdacttires, mechanic arts, and a!! works
of inthrna! improvement; the liberal and free
| education of all the children of the Territory;
: e'litire religious freedom, a IV. e prues, free
! V ''' "' 1 ' Ifi d ! 'tl-.e f acva':! right h, assemblean<:
| discuss-all qtt*s'in> of public interest; trial by
•urns impartially selected: the sanctity of Mm
| habeas corpus; the repeal of the la ws *con*is
itent with the Constitution of the linitvd States
j and (he Organic Act, and the steady adminis
tration of the government so as to best secure
;the general welfare.
1 i hese sterling maxims, sanctioned hv the
| wisdom and experience of the past, and tfie' ob
js- rvahce of v. Inch has brought ouw-roontrv to
| IthsiMpnarneug "ti. af. <ns of the
earth, witT\hej?M"lvJkfa# W.y which n,v
; administration wiffl.^g4gW."
A summary view of the state of the Terrifo
| r . v u P ' f ' '■> adv. r.t, with an pome of
• n: V "'dcial acts, may nc-t be inappropriate to (hi#
oca-ion, and may serve to inspire votir courj
| rip with tnat wisdom and prude nee, by a cou
\ femjdation of+he frightful excesses of the past
i so essential in the adoption of measures to pre
; vent their recurrence, and enable von wisely to
I lay file broad and solid foundations of a future
j commune, eailii which may give proteilioii arid
happiness to millions Qf freemen.
I: accords not with my policy or intention, i
to do the least injustice to any citizen or part v
of m' ii in this J erritory or elsewhere. Pied
j ,-l! ,0 do "equal and exact justice," in rnv -x
--| ecntivH capacity,T am inclined to throw the
1 veil of oblivion over the errors and outrages of
'he period antecedent to my arm,:!, xr. pt so
iar as reference lo them may be necessary fur
sulistantial justice and to explain and dewlope
the policy which !m shed the-benign inflnVn
c> s of peace upon Kansas, and winch, ifr. spnn
'yhfi-Zthteidirti itiy' kWfl 1 1Wt ib f :mtn - t t* -
these feelings of bitterness and contention,;
which i: 1 the past ' r ;ught upon us such ur-'old
I arrived at Fort Leavenworth on the ninth '
day of Septett. ; last, ami jtnnt. diate v
med the executive fnncti ns. 0:; th" eleventh
T issued n v In-.ngnral Add res-, declaring the
general p: incipi. s upon which i intended ;oad
roinisler tlie governne r;t. In tins adure.-s 1
otrmlv pledge.) mvs.-Jf to snpp rt fhe t 'oriMi'::-
t i n of the L nit.-d Stat- , and !•> doc barge n. y
doti-s as (Jovernor of Kan.-as Wj.i. 1; ■ 1 ity ;to
sustain a!! Ihepr w ,-ions of tiie n. Act,
which I pronounced to be "rmip.-nlly ju-' and
beneficial;" to stand by the docli ine of pc.pu...r
sovereignty, or the will of the majority oi the 1
actual, bona fi'! iol aidants n i n legitimately
expressed; Wl'i'.'i; I characterized "the i;, ; ■ : i.
live ru!" ( i'civil acti ii r every bra-ab; g
citi/.'-n."' The gigantic evi;< c: r u loch
Territory was groaning, wer. attri! uteri lo out
side influences, and the people of Kansas were
earnestly in\ iked lo suspend im .ituiul strife,! >
benivh a:l exti iii'. us and imp- -pi r influences i
fi 'in their de.i >erati i:s. and m tlie spirit p!
reason and nicii.ai com-i;;.iti"i) to a pet tln-i:
own differences. Such suggestions in relation .
to u.oiiifica 1 i ns of the p. sent statib.v a-; 1 dec*
niej! io.- the puidic ilit r.st, Mere pieiuo -d id
; the pr. per tin-. 11 ua> • 'ei lai .d t. ;,t this f• r
! ritoiy is the common property of the people of
jibe swera! States, and that in obstacle > u;d
;oh iiiferpos>d to its fr >... -t. wf.il in a
Teiritmi r condition, ' \ the citizens of every
State of ilie i . nion. A jiof '! err;!.-' ml | • id-*
vas sought to he infused; a j>i■ ge was so; nui
iv rrjven to know no i ;rtv, no >•, t: >n, iiotniag
; but Kansas and the t ni in—and the peuph
' were earnest !y invoked to bin v the past in of.- j
1 livion: to suspend I.- tdit: s :.nd lo r> fraiti from .
.the indulgence of hitter feeling: to hegin anew:
• devote then s'dvi st > the true and suhstan- :
ti l! interests of Kansas; dt-vej- ye for ricii ag
rii idtiiral and mineral res >urc. ; hm'd tipir.an
| nlai'tures ; make pufdic t- ad- and other woiks
of internal improvernent; prepare amply for
tf)e educati n of their cltiidren: devote th- m- ;
'selw; to all the arts of p. ace, sirii! r. ike ibis
Territory the sanctuary oflho.se cherish ! prill- j
i ijib-s which pr.tect the inalienable rights of
tli-individual and elevate States 1:1 their sover
eign capacities.
The foregoing is a ! rief summary of the .
principles upon which my administration was
commenced, f have steadily adhered to their., j
and time and trial have but served to strength
en rriv convictions of their justice.
Coincident with n;v Inaugural were issued
two Proclamations, the one, disbanding lb'*
i Territorial militia', composed of a mixed force
of citizens arid others, and commanding "ail
bodies of men, combined, armed ami equipped .
with munitions of war, without authority of
the government, instantly to disband or quit the
Territory, as they would answer the contrary
at their peril;" the other, ordering "all tree,
male citizens qua I i tied to bear arms, bet ween
the ages of eighteen and forty-five years, to en- ,
red themselves, that they might be completely
j organized by companies, regiments,, brigades
i and divisions, and hold themselves in readiness i
,to be mustered, by my order, into the serv ice
jof the United States, upon requisition of the i
commander of the military department in which ;
?.nd Opinion.
JFFJDAf PA. ITB. G, 1857.
Kansas is ••mr-iar-'.;. for the' Mipprewi.ift o S
Urtlau in] ati(ifv • •
of piutiic order and *| rt
The j-Micy fi i'sieprnc!ari*fc<s-% so'*' t,
dent, ami their b-ftrfi. ri res.nifs have 'bee; :
apparent as to require no vfi iicatjon.
T! ■ 'fVrrrtT y ua; f bv.sV ftr v,
Governor, to jw jfi a s fc|„ of Voireryion:
ciw! autjiuritv u ji's j !
t-a i; • vindicate tiw* :. a; ?t v *? •
ami- uru&fii v" Uw I:
tfcfhreS <o^.a '•?#'<,,<j f <. (Minpiir,-!!,. ; ,;{,ar: t
ter than I had ; predalorv haw t
whose sole aim, unrelieved hy fh> tpj'igatiof
political causes, was "a*4ssi nation, arson, ph i'
i tier and iapiru>, lead undisturbed possession '<g
some portions of while eHlt
part of It was kept m constant a iarm and ter-ri<
y tiie ;< 1 v.ii at"s <T political sentTniU.'-y .Tntn"
according to theft" respective sympathies, p,
formidable bodies of armed men, corp|fieteiy it
quipped- with monition? of war, and r<-\so!vtl(
; "port mutual extern.in tion as the only hope <\
; peac^„tttKdff:idinj; and peaceable citizens weij;
: duveriTrom tb. ir homes; .others murdered is
I tin ic own dwellings, which were given to tbi
] " "ti 'n : that sacred it-spec? £>r woman, wfiic t
j has characterized' all civilized nations, S eeme
| in the hour of mad excitement to be ftirgotierAi
: paiiiz-in t on al! sides, intensely* excit'.j
| "V a on -.thin u ;im !I entire natiurrp
{almost closed the niindn ot the people againsji
| me; idle and mendacious tumors, well calcuiai:
j l ""_ f o produce exasperation and destroy confij
| df/ice, were everyu here rife;.; tire most uhiorU
i t ' ,natf * ipicions in--vay.!^|^|^atedcountr 4.
places no man's life an'.{.
■ murders were of 'iJpS nearly eve
iry ad#! no traveller
u:•
:*n escort. This si a I**£L3OTII s n'as ereativ
uggni\ *hy of prominent
pol i fciato owtMci^^^gPntorv.
• ("lit line of (n.e
f- arful dpPr^ti figs which ruled Kansas
and convftlsed life nation. The full picture
Will lie drawn hy the iron pen of impartial j
i history, arid the actors in the various scenes!
: will be assigned their tru- positions.
f came here a stranger to your difficulties,
without prejudice, with a solemn sense of rue
official and with a lofty resolution
to pet a speedy termination to events so fraught
witn evil, and which, it unchecked, would
have fi. ated the country into the most bloody
civil war.
Hesitation, or partisan affiliations. wonlrlU>ve
resulted in certain failure, and only sieved fur
ther to complicate affair.?. Fo restore n>-ac •
and order, an<; relieve the people troua !1,-:< cv i',
■saTt-nraf-sm nrparrrar, n-cent and pa-l ~
policy should he adopted, which would end race
in it- protection ali good citizens, without dis
tinctly of party, and sterniv punish ail !a-i
mm who c nimue.l to cirsturii t: e puhiic tran
cuiii'v. Ai- irdingly mv Ir-augural Acdiess
a: I t';oclama!ions were immediate)v ciiculated
..ii : z the | ople, in order tr.a! tlu-y i. ight
hare . a"iv notice of f y intentions.
On ttv ,'hurteen'li • -v of Svutemner, relia! le
in! ru .if'mrj was i o ived that a large I '"iv of
aruifd n were marching to at'ack Hklctv
r.'ir.t 1-0. til- no; - ': -• le oi the Ku; i.-ver.
I imm.-d.;de|y di-; ..tche i a souadrou ! I niled
St„o - drag, s• his, wilii instructions to capture and
i.ring t - this place anv persons w horn ti;ey
might ii.'t.'l at ting in \i■ ••!a 1 i >n of my l'roclan - -
lion. In pursuance o' t'wst instruct: -is e;;-
huri li-ed and one pr>---u r> were tat.- n and
■ll it (:■•!' , a'. I C 'Oilllitt"! i ti i a!.
While i • irtwn of t lie army were j erl -rniitfe
Ibis duty, I was advis-d that a large h. v of
nun were a[ pmuc'.ing the town of"i.awrelce
determined upon its destruction. lal once or
dered three hundr *d ! nited States troops to
that place, and repaired there in person. With
in {hop miles of Lawrence I found a force ef
twentv-sev. n hundred men. consisting of citi
zens of this Territory, a-ttdh f other places, or
ganized as Territorial u slit -i, under a Pi oc la
mat i >tt of the late acting (j ivoior. i di-Taru'vd
t'-is fere, ordeiing tls- vart'ius eon jutni
prising it to repair to their r> spectivo plac soj
it"., zvons, tio re! . lie nils'.. ;-, d<u! of service*
Mv orders were iwyed ; trie mil ilia retire.! '■>
t!. ir hi .ire <. the ; llu-i m of Mood was prevent
ed, the pre.-orvati >n of Lawrence effected, and
a great step made toward the restoration oi
peace and confidence.
To recount anv various official arts, follow
ing each other in quirk succession under your
immediate o s> tvQtion, would lie a work of su
pererogation, and would occupy more spacp
than the limits of an executive m< .-.-age would
utstifv. Mv Lx'-cutive Minutes, containing a
truthful lost .r v of mv official transactions, with
the policy which dictated them, have been for
warded to the General Government, and are
open to the irisp cti-m o! th- country.
In relation to any all rations or modifications
of the Territorial Statutes which I might deem
advisable, 1 promised in my Inaugural Address,
toi!ir-ct public att-ntion al the proper time.—
In the progress of events that time has arrived,
and vnil are the tribunal t<> which tin sugges
: tiotis must be submitted. On this sulj-ct 1 he
speak your candid attention, as it tins an ins-p
--! err.ble connection vxitli the prosjierity and l.ap
piness of the people.
It has already been remarked that the terri
tories of the United States- are the common pr<-
j pert vof the citizens of the several States. It
. may he likened to a joint ownership in an es
i fate, and no conditions should be imposed or re
strictions placed upon the equal enjoyment ol
all the benefits arising therefrom, which will do
the least injustice to any of the owneis, or
which is not contemplated in the tenure by
which it is In Id, which is no less than the Con
stitution o! the United States, th - sole bond of
the American 1 nion. This being the true po
sition, no obstacle should b- interposed to thei
free, speedy and general settlement ot this leH
I rit,-rv * —. . -.r
; The durability and imperative authority oi a
;ta!r* Constitution, when the interests of trie
)eopb v require a St3te Government," arid a di
ect popular vote is necessary to give it sanc
ihn and effect, wUt be the proper occasion, once
or a!!, to decide the grave political questions
which underlie a well regulated Common
wealth.
Let this, then, be the touchstone ofyour de
liberations. Enact no law which will not
:!ear!v hear the constitutional test : and ii any
laws have been passed which do not come up
In this standard it is your solemn duty to sweep
them from the statute book.
The Territorial Government should abstain
from the exercise o! authority not clearly dele
g dlO it, atjd should permit all doubtful ques
tions tiiTemain in abeyance until the formation
of a State Constitution.
On the delicate and exciting question of sla
very, a subject. which so peculiarly engaged
the attention of Congress at the passage ut our
Organic Act, J cannot too earnestly invoke
you to permit it to remain where the Constitu
tion of the United Sta'es and that act place it,
subject to tiie decision ol the courts upon all
points arising during our present infant condi
tion.
The repeal of the Missouri line, which was a
restriction on popular sovereignty, anew con
secrated the great doctrine ol self-government,
jand restored to the people their full control ov-r
leverv question ot interest to themselves, both
ifiorUi and south ol that line.
I Justice to the country and ?h dictates ol
j sound policy, require that the - Legislature
ishould < inline itself to sucl. subjects as w.;i pre
serve the basis of entire equality, and when a
so.f ctent population is here,and they chocv to
adopt a Stale Government, that they shall be
"perfectly free," without let or hindrance, to
; formal! their domestic institutions "itr tnrir
own vvav," and to dictate that form of govern
ment which, In their deliberate judgment, may
;>e deemed proper.
Any attempt to incite servile insurrection,
|atd to interfere with the domestic institutions
■of/yver, ign States, is extremely reprehensible,
!arw shall receive no countenance from me.—
'Such intervention ran result in no good, but ts
p_regnar.t wjtli untold disasters. Murder, ar
son, rapine and death follow in its vvak\ while
riot one link in the Mters of the slave is weak
ened or broken, or any arneiioial. m in his con
dition secured. Sin It interference is a direct
iiii'o>ion of Siate rights, only calculated to pro
duce irritation and estrangement.
livery dictate of self-respect—every ron-id-
JjHtion of State equality—>.the glories of the past
■ n : the hopes oj ilie future —ail, with soul stii
iM-;r .-Idrfiieitce, constrain us to cultivate a rev-
WWf 11 wlwyi njn —u?o'"nsptn grxm nu:uy
to carry out nil - provisions.
M .try of in -- statu'. -• are excellent and well
suit, d to our w ants and condition : but in order
that they ii.av rer.-ive that respect and sanction
wl ; b i So vi' i! r tinciple rf ail law, !.-t such
he abolish. ■! a ar ■ t.d eminently just, and will
not receive the fullest approbation cl the peo
pe. I tost \o'i wi I te.*.f them of! he the
light : the general and fundamental pr: .ciples
of government, ami that all thai w ill n.;
■ ar tins ordeal, be revised, amended, or reneai-
To s - rre i them which strike v v mind as
>'c!i • ah!- - , yoirv candid and special a!: :ti m
is r- s; - (1 fully invited
!>, car, lully comparing the Organic Act, as
printed in the statutes, with aceilifjed copv of
the same {■■ -m the Department of State, impor
tant b crepancies, omissions ami additions will
be discovered. I therefore recommend the ji-
I 'inliTient of a c rmmittee to compare the print
ed statutes wit it theoi iginal rolls on file in the
S.-cretary'tf otl.ee, to ascertain whether the
same lih-rtv bus been taken with them as ap
p-ars to have been taken wsth the act under
Which tin v were ii •'! '.
Oft lie numerous ei: ■■■■rs discovered hv me in
Ihe copv of t!'• e Organic Act, as printed in the
-tat tit ♦ s. i. will refer i.i -me iii il lust rat ion of my
I - .;.'aning. In the 29 th s. ction, defining the E\-
••cutive authority, will i>" found the ihik.vy
ing striking omission—"again.t the laws of
si'd Tend TV, un.l reprieves for "in-no s."—
,'iiis mission in-pairs the Executive authoiiiv,
.in! deprives the Governor of the pardoning
. over for nib ncs con;.nil I e;l "against the laws
>f the Territory," which Congress, for the uis
.->! and most humane reasons, has conferred up
on him.
The Organic Act reonires every bill to be
]">s ;iie(i to the C .veruur, and demand his sig
nature, as tlm evidence of his approval, before
it can become a law. Tin- statutes are defective
ithis t>sp ,as they do not contain the date
ofappn v.il, nor the proper vidence of that fact,
bt having the Governor's .signature.
Your attention is invited to chapter 30, in
r- lit ion to county boundaries. The boundary
of I) nglas (ounfv is imperfect, and in c nnec
?i l with Shawnee c untv. is an a 1 sunlitv for
hotb cnunti s. The b- undary lin.-s of ail the
counties should be absolutely established.
jTapter 44>, establishing tt;> - Probate Court,
alsi requires attention. The Act is good geti
erijlv, so far as it relates to the organization
an) (hitns of the Court. But all provisions in
Ihi and other acts vesting the appointment of
Prif.ate Judges, County Commissioners, and
otirr public officers in the Legislative As-ernb! v,
shi!d at once be repnled, and the unqualified
ri Jit i f election conferred upon the people,
wf.se interests are immediately affected I v the
acfi of those officials. The free and unrest rict
• ■dright of tb.e people to select al! them own
ngints, is n maxim so well settled in political
ettics, and springs so legitimately from the
doitrin**s of s> ! (-government, that 1 need only
to jllutie to the question to satisfy every one of
its justice. Th- "people must be perfectly
tret" to regulate their own business in their
own vvav : and when the voice of the majority
is (lirjy • 'xpressed, ail will how to it as the
voce of God. L- tthe people, then, rule in
evtrvthing. I have every confidence in the
virtic, intelligence, and "sober thought'' of tiie
toiling millions. The deliberate popular
rrient is never wrong. When in time? oj ex
citement the popular mind may be temporarily
ft ure l from ti>" dear", n t coned in!
lion, or the mist* of pus-. m, the day '-f retnbu
lion and justice spe< (fily follows, and a s'urnma
i v reversal is the certain result. Just and pa
triotic sentiment is a sure reliance for every
honest public servant. Ihe so vei flinty oi tn<
people must be maintained.
Section 15th oi this Act ai. ivvs writs of U
heas corpus to be issued l.v the pro ate Judge,
but leaves him no authority to hear the case and
grant justice", but rejers the matter to trie "next
term of the District Court. ' Ihe several
"terms" of the District Court are at stated peri
ods;*ft;ht the provision alluded to amounts to a
denial o! iuslice ami virtually a suspension ol
the sreat writ liberty." •. ••v.rarv "tie- let
ter and spirit of live Constitution of the C-nitec
Slates.
Man v provisions of chapter 6C, entitled "E
--!• cii are .-! ; ctt 'i..d !■ . -• -cti-.a 1 lib. re
quiring certain "test oatr.s 1 as pre-ivquisitej; to
{lie t of suffrage, is wrong, unfair, and une
qual upon citizens of different sections of the
Union. It is exceedingly invidious to require
obedience to any special enactment, doe pe
culiar features ol the test oaths should ' e abol
ished and all citizens presumed '•> !••• law-a 1 til
ing ami |.-atifolic until the cor.'r.iry nearly
pears. Sworn obedience to particular statutes
Kas seldom, secured that object. Ju'iee vvi.i
ever commend itself to the support of ah holi
est men, and the surest means of insuring the
ready execute n of law, is to make it so pre
eminent! v just, equal, and im; a.';.: . as to c m
mand the ol those whom it is intended
to alb ct.
ST! ;.>n 30 deprives i>c tors of !'.<• : rout srt -
guard of the purity and independence of'tin 3
elecijve franchise. I mean the right to vote
by halio'V and after the first day of November,
iSfxi, requires alt voting to be viva voce. This
provision, taken in connection with section 9th,
which provides that "it all the votes offered
cannot be taken before the hour appointed ior
closing llie polls, the judges shall, by pu! uc
proclamation, adjourn such election until tr.t
following dav, when the polls shall again bt
opened and the electn n continued as before,*
>sc., offers great room for fraud and corruption.
Voting voce, the condition of th" poll can
he ascertained at any moment. li the party
having the election officers are likely to be de
feated, thev have the option ot adjourning 1 .'I
the purpose oi drumming up votes, c>r in the
insane de-ire :hr vo l. v. t. y •• •:: {•'• d ! > re
sort to other.tnnan-; even more repreiw nsd le. —
The right of voting by ballot is now iocorjiora
ed sacred. The arguments in its favor are se
nurneiuiis and overwhelming that 1 have nc
•'•esitati- ii in recc-ir. mending its adoption. Th
election law should be carefullv examined, ami
such guard.- thrown around it as will most effec
tively secure the sanctity of Hie bailot-box ami
preserve It irorn the taint of.a single illegal
vote. ihei. au who wili deliberately lane ■ r
u'i'.h the elective franchise and dare to oiler an
illegal vote, strikes at the fountain of justice,
undermines tb • puhars of society, applies the
torch to the te.uj ie of our liberties, and should
receive severe punishment. .As .i quail fir at ion
tor voting, a definite period of actual inhabitan
cy in the IVrntorv, to the exclusion of a home
elsewhere, should be rigidiv pr—ctibed. NO
man s nub. he permitted to vote upon a floating
residence. He should 1 uve resided within the
territory for a period of not less than ninety
days, and in the district where lie oilers to vote
at least ten days immediately proceeding such
election. All the voters should be registered
and published for a certain time previous to the
electi >n. false voting should be severely pun
ished, ami false swearing to secure a vote visit
ed wail the pains arid penalties of perjury.
In tiiis connection your attention is also in
vited to chapU r 92, entitled "Jurors." Tnis
chapter ieav.s llieselection of Jurors to the ab
solute discretion of the Marshall, Sheriff', or Con-
Ma.de, as ttie case may be, and affords great
room for partiality and curruption. The names
••fall properly qualified citiz-ns, without party
distinction, should be thrown into a wheel or
box, and at stated periods, under the cyder of
the Courts, Jurors should be publicly drawn by
responsible persons. 'oo manv safeguards can
not be thrown around the right of trial by jury,
in order that it may still continue to occupy
that ci erished place in the affections of the
people so essential to its preservation and sanc
tity.
S .me j ■ :'l ,-ns of chapter 110, "Militia," in
fringes the Executive prerogative, impairs the
Coventor's Usefulness, and cbarh conflicts
with the Organic Act. This Act requir- s the
Executive to reside in the territory and makes
him 'Commander-in-chief of the militia.' This
power must be vested some place, and is al
ways conferred upon the chief magistrate.—
Section 26th virtually confers this almost sov
ereign prerogative, "upon anv commissioned
officer," and permits lum "whenever and as of
ten as anv invasion or danger may c me to his
knowledge, to order out the militia or volun
teer corps, or any part thereof, under hi- com
mand, for the defence ol the Territory,"Sec. ;
thus almost giving "any commissioned officer"
whatever, at his option, tiie power to involve
the Territory in war.
Section 12th provides for a general militia
training on the first Monday of October, the
clay fixed for the general election. This is
wrong, arid is well calculated to incite terror
ism. ihe silent ballots ol the people, unawed
by military display, should quietly ai.d defi
nitely determine all questions of public interest.
The other sections of the hiw, requiring the
appointment of field and commissioned officers,
should l.e repealed. All officers should derive
their authority directly from their respective
commands, by election. To make the military
system complete and effective, there must he
entire subordination and unity running Irotn
TEAMS, sa PES TEAK.
VOL XXV. NO. 23.
1 ■ c ■ umnaoder-in-i i' fto the humblest sol
' dier. and ones; nit must auimate the entire
system.
: " The 122 nd chapter, in relation to "Patrols,"
is nnn<>cpssai_v. jt renders a!I tfher property
liable to heavy taxation for ti.e protection of
slave property, thus operating unequally upon
citizens, and is liable to toe odious charge ot
ein-r a system of i pionage, as it authorizes the
Patrols, an imb finite oambe; of whom u.ay he
;,r ;• int.d, to visit nt only •• -int quarters, but
anv otlu-r place.-" suspected oi unlawiul as
semblages of slaves.
Chapter 12], "Pis - 'if lion," squanders the
sebool-tuod by appropriating the school sec
tions contrary to the Organic Act, which pro
vides |hat sections numbered sixieen and thir
ty-si?; in each towmhip in Kan.-as lerritoty,
shall he and the same are hereby reserved for
tile purpose of b*iog applied to schools in said
Tei! '• rv, arid in the and i erritories to
he erected out of the same;"' contravenes the
United Stat-s pre-emption laws, which forbid
traflicking in chums and molding more than one
claim, aml 'ir< li.e (1 .vernor '* gv**H pat
ents for lands ' longing to the t. nited States
arid only conditiinailv granted to the Territo
ry. This act T directly calculated to destroy
ti;e effect ola munificent grant cl lands by
Congress f>r educational purposes. The lerri
torv'is till- trustee of this valuable gift, and pos
leniv las -i right to d marc) ol US Il.at this sa
cred trust shall remain unimpaired, in order
that the blessings • ' iic-iiun may be shed
upon our children.
Every State Cm-,hi have the best educational
■vstern which an intelligent government can
ivide. The physical, moral anu mental (ac
uities should be cultivated m harmonious uni
s and that system of education is the best
which will effei-t these objects. Congress has
already provided for the support of common
schools. In addition to this, 1 would recom
pile n I the Legislature to csk Congress to donate
land K ing in this Territory for the establish
ment of a university, embracing a normal, ag
ricultural. am! a mechanical school. A uni
vcrsitr thus endowed, would be a blessing to
, :ir p.-ople; d;>s- j iTiir>ate useful and scientific
inteilig. rice; provide competent teachers for
our primary schools, and furnish a complete
svst'*T: of **(!iicfs?i 'P. to cur wants in
ii!l the of lih*.
T . 1 subject of roads, bridges, and highways,
3V , its your special attention. Nothing adds
ore to comfort, convenience, prosperity and
hrr : in -s, and more greatly promotes social in
tercoms and kind feeling, than easy and con
veni'-nt inter-comuvuni at ion. Beads should
•e wide and traighf,and the various rivers and
ravines substantially bridged.
; rrrcwjr, mnr r "Wui -art--riu
'log ciiarti rs, the Legislature should have in
I view the interests of th* whole people. The
■ -;•••! ;'y of fh-- Territory is intimately con
.' i! v. itb the early and general construction
j of this rapid and nwans of transit.
While on tiie sir ject of internal improve
- I w old call t r vour notice, and solicit
y or u< cof--id oration, the opening.
t lie earliest nericd, of a more eay means of
< .... • v. :th t e sea-hoard than we at
jc - ent ,njov. ( >:•' great olistacle to our pros
ri'v is the iron,►■use distance we occupy from
: • • g, a'm;'.o iie dep.!" of the country hv
any of the routes rrnw tiaveled. This can be
rem v :| 'v tiie construction of a railway, corn
rvnei*? - at an appropriate place in the Territo
ry, and runmngs nt >war !y through the Indi
an Territory and Texas, to the most eligible
' int on the (iulf (,f Mexico. The entire
length of such a road would net exceed six hun
t; iles, (much Its<ban haif the distance to
t!,• - Atlantic. :v ! at an ordinary speed of rail—
r ad travel, could I. - traversed in less than
twer:tv-fho 1 :*?. If would pass through a
c -intry r'-marl aid- f r beauty ol' scenery, fer
t . ' v r.f soil and s-.' : "i'v of climate, and which
lias properly been styled "the Ed. n of the
world;" ami would t [en u.p new sources of
Wrahh superior to any that have yet been dis
covered on the easier n division of the continent.
It would place Kansas. i;-r hated as she now is,
in as favorable a p Ton for commercial enter
pr'-v as very rnanv <-{ the most prosperous
States of the 5 ni r, and funl-li her a sure,
. ami pr<-.' able market for her products, as
well ns a safe, expeditious and -economical
means f obtaining ol! her needed supplies ot
ever}- s rs-.in of the year. Ten will not fail ot
or.ee t: • rc ivo ti i nr-ortance of this sugges
tion. A"i;t only Kansas and Nebraska, but the
entire country west of the Mississippi will he
. vastly benefitted bv its adoption. The advan
tages to Twos would ho incalculable; and
should von he favorably impressed with the fVa
s.'.-ilitv of the plan, I would advise that you
• omrrumi ate iri --our legislative capacity, with
the Legislature of that State, and also with that
of the T- rritorv of Neb: od.a, in regard to the
most effectual measures far its speedy arcom
plishment.
Chapter E! 2, pes milting settlers to hold three
htimlr d ar. I twenty acn < of land. is in viola
ti ;i oi the p: • -eiTipti )U lows, and b ads to con
tention and litigation.
Charter lff, relating to ' slaves,*' attacks
the . r,unfit v which underli-s the very theory of
our Territorial Ciovernment ; destroys the free
dof spo. ca unit privilege of discussion,
so essentia! t • uncloak error and enable the peo
ple properlv to ir. >uM their institutions in their
own way. The freedom of speech and ol the
pn ss, and th" right of public discission upon
oil matters affecting the interests ot the people,
are the great constitutional safeguards ot popu
lar tights, liberty and happiness.
The Act in relation to a "Territorial Libra
rv," makes the Auditors exotficio Librarian, and
give him authority to audit his own accounts.—
These offices should be distinct, as their duties
conflict.
The congressional appropriation for n Terri
torial Library. has been exp-nded in the pur
chase of a very valuable collection ot books.
Time and sjiace will not permit me to point