HISTOET OF KAXSAS.
 

81
 

dcictrines enunciated, from which he never sw-erved thereafter. It con¬
tains the gist of all the arguments ever offered in extenuation or justifica¬
tion of the measure, and was tis follows.

As this ditscussiOQ has begun, I feel it to be my duty to say a word in explanation, I
am glad to hear the Senator from Kentucky say that the bill, as it now stands, accomplishes
all that he desired to accomplish by his amendment, because his amendment seemed to my¬
self, and to some with whom I have consulted, to mean more than what he now explains it
to mean, and what I am glad he did not intend it should mean.

We supposed that it not only wiped out the legislation which Co..gross has heretofore
adopted, excluding Slavery, but that it affirmatively legislated Slavery into the Territories,
The object of the Committee was neither to legislate Slavery in nor out u! the Terrilones; neither
to introduce nor exclude it, but to remove whatever obstacles Congress had put tlien, and
apply the doctrine of Congressional non-intervention in accordance with the principles of
the Compromise measures of 1850, and allow the people to do as they pleased upon this as
well as all other matters affecting their interests.

The provisions of the bill, as last presented, w-cre known to be in ac¬
cordance with the wi,shes and designs of nearly all of the Southern mem¬
bers, to have been accepted, before being presented, by President Pierce
and a majority of the members of his Cabinet, and to have the assured
support of a sufficient number of Northern Administration Democrats to
insure its passage beyond a doubt. The minority, however, hot w-ith in¬
dignation, fought the bill at every sttige, and for four months prolonged
the discussion, which wtis more exciting and bitter than at any time (lur¬
ing the memorable session of 18.50. The contest ended i\Itiy 37, 1S54, by
the passage of the bill, which was approved, Alay 30, by tlie President.
The analysis of the vote on the final passage is int'crcsting as show-ing the
 

sectional and political di\'isions, and the elements favoring and opposing it
at the time of its passage

The final vote on the bill in House was 113 ye.is to 100 nays, Tbe
slave States giive seventy-nine yeas—fitly seven Democrats and twelve
Whigs—10 nine nays—two Democrats and seven AVhigs, The free States
gave forty-four yeas—all Democrats—to ninety-one nays—forty-four Dem¬
ocrats, forty-four AVhigs and three ,straight Frce-soilers. The solidity of
the Southern vote left no room for doubt at the North as to their intention
to nationalize slavery at all hazards. The day of compromises was passed.
The abrogation of one had destroyed the sacredness of all. The North
was at last fairly aroused, and Congress, having relegated the question to
the people, they accepted the issue thus forced upon them. It is unneces¬
sary to repeat the story of the excitement which follow-cd the consumma¬
tion of the crime The indignation at the North knew no bounds. It was
no longer confined to fanatics and sentimentalists, but permeated all classes
and parties wherever dishonesty was despised or repudiation abhorred. It
promptl}- took practical form. The territory thus wrongfully opened to
slavery w-as yet to be sctlled before its final destiny was sealed. The con¬
flict was thus transferred from the halls of Congress to the yet unsettled
Territories. It wiis determined to acceiu the ne«- doctrine of popular sov¬
ereignty as avowed in the act, and, under the guarantees it gave, in place
of the compact it repudiated, to settle the Territories tmd vote them free
forever.
 

TERRITORIAL   HISTORY.
 

THE  ORGANIC  ACT,

THE act organizing Nebraska and Kansas contained thirty-seven sec¬
tions. The provisions relating to Kansas were embodied in the last
eighteen sections, of which the following is a summary:

Section 19.—Defines the boundaries of the Territory, gives it the name
of Kansas, and prescribes that "when admitted as a State or States, the
said Territory, or an}-portion of the same, shall be received into the Union
with or without slavery, as their constitution may prescribe at the time of
their admission," It further provides for its future division into two or
more Territories, and the tittaching of any portion thereof to any other
State or Territory; and for the holding inviolable the rights of all Indian
tribes till such time as they shall be extinguished by treaty.

Section 30.—The executive pow-er and tiuthority vested in a (iovernor,
appointed by the President, to hold his office for the term of four years, or
till his successor is appointed and qualified, unless sooner removed b}- the
President of the United States. Duties, not unlike those of" other Territo¬
rial Governors.    Alust reside within the Territory.

Section 31.—Secretary of State appointed and subject to removal by
the President of the "United States; term of office, five years, unless sooner
removed; his ordinary clerical duties prescribed; to be Acting (Iovernor,
with full gubernatorial powers and functions, in case of the absence of the
Governor from the Territory, or a vacancy occurring.

Section 33.—Legislative power and authority of Territory vested in the
Governor and a Legislative Assembly, consisting of two branches—a Coun¬
cil and a House of liepresentatives.

The Council to consist of thirteen members, having the qualifications
of voters as elsewhere prescribed, and holding the office for two years.
The House of Representatives, at its first session, to consist of tw-enty-six
members, having the same qualifica.tions as members of the Council; the
term of service to continue one year. The number of Reiircsenttitives may
he increased by the Legislative "Assembly from time to time, in proportion
to the increase of qualified voters, to the maximum number of tliirty-nine.
An apportionment to be made, as nearly equal as practicable, among the
several counties or districts, for the election of the Council and Represent¬
atives, so as to .give to each section of the Territory a representation in the
ratio of its qualified voters, as nearly as jiossible.

Previous to the first election, the Governor to cause a census or enum¬
eration to be taken of the inhabitants and qualified voters of the several
counties and districts of the Territory, by such persons and in such mode
as he may designate. The Governor to appoint time and place of holding
the first election, and declare the number of members of the Council and
House to which each of the counties and districts is entitled. The per¬
son having the higliest number of legal votes, as members of either branch,
to be declared by the Governor dul}' elected. In case of a tie vote, or
vacancy from other cause, the Governor to order a new election in the
county or district where the vacancy occurs.

The Governor to appoint the time and place of holding the first meet¬
ing of the Legislative Assembly ; " but, thereafter, the time, place and man¬
ner of holding and conducting all elections by the people, andthe apportion¬
ing of the representation in the several counties or districts to the Council
and House or Representatives, according to the number of qualified voters,
shall be prescribed by law, as well as the day of the commencement of the
regular sessions of the Legislative Assembly." The sessions of any one
year not to exceed the term of forty days, except the first, -which was
liniited to sixty days.
 

Section'33 prescribes the qualifications of voters as follows :

Every hvii white male inhabitant above the age of twenty-one years, who shall be an
actual resident of said Territory, and the qualifications hereinafter prescritied, shall be
entitled to vote at the first election, and shall be eligible to any office within the said Terri¬
tory; but the qualifications of voters and for holding office at all subsequent elections shall
Lie sueh as shall be prescribed by the Legislative .\ssembly; Provided, that the right of
sulfrage and of holdiug ottiee.shall be exercised only by ciluens of the United States and
those who have declared, on oath, their intention to I.ecoiiie such, and shall have taken an
oath to support the Constitution of the Uniled States and the provisions of this act; And
provided fixrtlier, that no officer, soldier, seaiiiau or marine, or others attached to troops in
the service of the United States, sh.ail be allowed to vote or hold office in said Territory by
reason of being on service therein.

Section 34 limits the scope of Territorial legislation, and defines the
veto power of the Governor.

Section 35 iirescrilies the manner of appointing and electing oflloers
not otherwise provided for.

Section 30 precludes members from holding any ofiice created, or the
emoluments of which are increased during any session of the Legislature,
of whicli they are a member, and declares all persons holding offices or
commissions under the United States Government, except Postmasters,
ineligible as members of the Legislative Assembly.

Section 37 vests the judicial power in a Supreme Court, District Courts,
Probate Courts and in Justices of the Peace. The Supreme Court to con¬
sist of a Chief Justice and two Associate Justices, who shall hold a term
at the seat of government of the Territory annually. Their term of office
to be four years. It also provides for the organization of the lower courts,
and defines their jurisdiction.

Section 'iA declares the Fugitive Slave Law of 1850 to be in full force
in the Territory.

Section 3ii provides for the appointment of an Attorney and Marshal
for the Territory—to hold for the term of four years—unless sooner removed
by the President of the United States.

Section 30 treats ot the nominations by the President of Chief Justice.
Associate Justices, Attorney and Altirshal, and their confirmation by the
Senate, prior to their appointment, and further prescribes the duties of
said officers, and fixes their salaries.

.Section 31 locates the seat of government of the Territory, temporarily
at Fort Leavenworth, and authorizes the use for public purposes of the
government buildings.

Section 33 provides for the election of a delegate to Congress, and abro¬
gates the Alissouri Compromise.    It reads as follows :

And be it further enacted. That a Iielegate to the House of Representatives of the United
States, to serve for the term of two years, who shall be a citizen of the United Statca, may
be elected by the voters qualified to" elect members of the Legisltitive .\3sembly, who shall
be entitled to the same rights and privileges as are exercised by the delegates from .the
several other Territories of the United States to the said House of Representatives; but'the
delegate first elected shall hold his seat only during the term of Congress to which he shall
be elected. The first election shall be held at such times aud places and be conducted in
such manner as the Governor shall appoint and direct: and at all subsequent elections the
times, places and manner of holding the election sh.Ul be prescribed by law. The person
ha\ ing the greatest number of voles shall be declared, by the tiovcriior, to be duly elected,
and a certificate thereof shall be given accordingly. That the Constitution and aU laws of
the United Slates which are not locally inappUcable shall have the same force and ett'ect
within the said Territory of Kansas as elsew-here within the United Slates, except theeigbth
section of the act preparatory to the admission of Missouri into the Union, appro\csi March
sixth, eighteen hundred and twenty, which being inconsistent wilh the principle of non¬
intervention by Congress with slavery in the states and Territories, as reeognuied by the
legislation of eighteen hundred and fifty, c..mmonly calle.i tho comprombe mea.-.ures, i*
hereby declared in,.perative and void, it being tbe true intent and meaning of this act nut
to legislate Slavery into any Territory or state, nor to exelu.le it therefrom, but to leave the
people thereof perfectly free to form and regulate their domestic institutions in their own

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