lowed in all cases from the final decision of | entitled "An act to amend, and supplementary said district courts to the supreme court, un- to, the aforesaid act," approved Septembei der such regulations as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court, or the justices thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error, and appeals froin the final decision of said supreme court, shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the Circuit Courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars; except only that in all cases involving title to slaves, the said writs of error or appeals shall be allowed and decided by the said supreme court, without regard to the value of the matter, property, or title in controversy: and except also that a writ of error or appeal shall also be allowed to the Supreme Court of the United States, from the decision of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus, involving the question of personal freedom: Provided, That nothing herein contained shall be construed to apply to or affect the provisions of the "act respecting fugitives from justice, and persons escaping from the service of their masters," approved February twelfth, seventeen hundred and ninety-three, and the "act to amend and supplementary to the aforesaid act," approved September eighteen, eighteen hundred and fifty; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the Constitution and laws of the United States as is vested in the circuit and district courts of the United States; and the said supreme and district courts of the said territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are granted by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said Constitution and laws, and writs of error and appeal in all such cases shall be made to the supreme court of said territory, the same as in other cases. The said clerk shall receive in all such cases the same fees which the clerks of the district courts of Utah Territory now receive for similar services.

eighteen, eighteen hundred and fifty, be, and the same are hereby, declared to extend to and be in full force within the limits of said Territory of Nebraska.

Sec. 11. And be it further enacted, That there shall be appointed an attorney for said territory, who shall continue in office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President, and who shall receive the same fees and salary as the attorney of the United States for the present Territory of Utah. There shall also be a marshal for the territory appointed, who shall hold his office for four years, and until his successor shall be ap-. pointed and qualified, unless sooner removed by the President, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be entitled to the same fees as the marshal of the district court of the United States for the present Territory of Utah, and shall, in addition, be paid two hundred dollars annually as a compensation for extra services.

Sec. 10. And be it further enacted, That the provisions of an act entitled "An act respecting fugitives from justice, and persons escaping from the service of their masters," approved February twelve, seventeen hundred and ninety-three, and the provisions of the act

Sec. 12. And be it further enacted, That the governor, secretary, chief justice and associate justices, attorney, and marshal, shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of the United States. The governor and secre tary to be appointed as aforesaid, shall, before they act as such, respectively take an oath or affirmation before the district judge or some justice of the peace in the limits of said territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the chief justice or some associate justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the said secretary among the executive proceedings; and the chief justice and associate justices, and all other civil officers in said territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid; and, afterwards, the like oath or affirmation shall be taken, certified, and recorded, in such manner and form as may be prescribed by law. The governor shall receive an annual salary of two thousand five hundred dollars. The chief justice and associate justices shall each receive an annual salary of two thousand dollars. The secretary shall receive an annual

salary of two thousand dollars. The said sala- | years, who shall be a citizen of the United ries shall be paid quarter-yearly, from the dates States, may be elected by the voters qualified of the respective appointments, at the treasury to elect members of the legislative assembly of the United States; but no such payment who shall be entitled to the same rights and shall be made until said officers shall have privileges as are exercised and enjoyed by the entered upon the duties of their respective delegates from the several other territories of appointments. The members of the legisla- the United States to the said House of Repre tive assembly shall be entitled to receive three sentatives, but the delegate first elected shall dollars each per day during their attendance hold his seat only during the term of the Conat the sessions thereof, and three dollars each gress to which he shall be elected. The first for every twenty miles' travel in going to and election shall be held at such time and places, returning from the said sessions, estimated and be conducted in such manner, as the goyaccording to the nearest usually travelled ernor shall appoint and direct; and at all route; and an additional allowance of three subsequent elections the times, places, and dollars shall be paid to the presiding officer of manner of holding the elections, shall be preeach house for each day he shall so preside. scribed by law. The person having the greatest And a chief clerk, one assistant clerk, a ser- number of votes shall be declared by the govgeant-at-arms, and door-keeper, may be chosen ernor to be duly elected, and a certificate for each house; and the chief clerk shall re- thereof shall be given accordingly. That the ceive four dollars per day, and the said other Constitution, and all the laws of the United officers three dollars per day, during the session States, which are not locally inapplicable, shall of the legislative assembly; but no other off- have the same force and effect within the said cers shall be paid by the United States: Pro- territory of Nebraska as elsewhere within the vided, That there shall be but one session of United States, except the eighth section of the the legislature annually, unless on an extraor- act preparatory to the admission of Missouri dinary occasion the governor shall think proper into the Union, approved March sixth, eighteen to call the legislature together. There shall hundred and twenty, which, being inconsistent be appropriated, annually, the usual sum, to with the principle of non-intervention by Conbe expended by the governor, to defray the con- gress with slavery in the states and territories, tingent expenses of the territory, including as recognised by the legislation of eighteen the salary of a clerk of the executive depart- hundred and fifty, commonly called the comment; and there shall also be appropriated, promise measures, is hereby declared inoperaannually, a sufficient sum, to be expended by tive and void; it being the true intent and the secretary of the territory, and upon an meaning of this act not to legislate slavery into estimate to be made by the secretary of the any territory or state, nor to exclude it theretreasury of the United States, to defray the from, but to leave the people thereof perfectly expenses of the legislative assembly, the free to form and regulate their domestic instiprinting of the laws, and other incidental ex- tutions in their own way, subject only to the penses; and the governor and secretary of the Constitution of the United States: Provided, territory shall, in the disbursement of all That nothing herein contained shall be conmoneys intrusted to them, be governed solely strued to revive or put in force any law or reguby the instructions of the secretary of the lation which may have existed prior to the act treasury of the United States, and shall, semi-of sixth March, eighteen hundred and twenty, annually, account to the said secretary for the either protecting, establishing, prohibiting, or manner in which the aforesaid moneys shall abolishing slavery. have been expended; and no expenditure shall be made by said legislative assembly for objects not specially authorized by the acts of Congress making the appropriations, nor beyond the sums thus appropriated for such objects.

Sec. 13. And be it further enacted, That the legislative assembly of the territory of Nebraska shall hold its first session at such time and place in said territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for said territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly.

Sec. 14. And be it further enacted, That a delegate to the House of Representatives of the United States, to serve for the term of two

Sec. 15. And be it further enacted, That there shall hereafter be appropriated, as has been customary for the territorial governments, a sufficient amount, to be expended under the direction of the said governor of the territory of Nebraska, not exceeding the sums heretofore appropriated for similar objects, for the erection of suitable public buildings at the seat of government, and for the purchase of a library, to be kept at the seat of government for the use of the governor, legislative assembly, judges of the supreme court, secretary, marshal, and attorney of said territory, and such other persons, and under such regulations as shall be prescribed by law.

Sec. 16. And be it further enacted, That when the lands in the said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing same into market, sections numbered sixteen and thirty-six, in each township in said territory, shall be, and the same are here

by, reserved for the purpose of being applied | ritory of Kansas, and Daniel Woodson, of to schools in said territory, and in the states Virginia, secretary. and territories hereafter to be erected out of the same.

and resolved to repudiate the acts of the territorial legislature, and organize a state govern

ment.

A convention was accordingly called, and held by them, at Topeka, on the fourth Tuesday of October, and framed what was called the Topeka Constitution, and set on foot a state government which, figuratively speaking, was put in motion, and bringing the officers elected under it in conflict with the regularly constituted authorities, resulted in the indictments against them for treason which followed.

litical rights which are solemnly declared and affirmed by that act.

Based upon this theory, the act of Congress defined for each territory the outlines of reput lican government, distributing public authe rity among lawfully created agents-executive, judicial, and legislative-to be appointed either by the general government or by the territory. The legislative functions were intrusted to a Council and a House of Repre sentatives, duly elected, and empowered to enact all the local laws which they migh In the mean time General Whitfield was deem essential to their prosperity, happiness. elected delegate to the 34th Congress without and good government. Acting in the same opposition, under the act of the territorial spirit, Congress also defined the persons who legislature prescribing the mode and man- were in the first instance to be considered as ner of holding elections, &c. The free state the people of each territory; enacting that men asserted said election to be null, held, as every free white male inhabitant of the same it was, under a law passed by a legislature above the age of twenty-one years, being an which was, as they contended, in itself no actual resident thereof, and possessing the legislature, but an assumption. They accord-qualifications hereafter described, should be ingly, on the 9th of October, held an election entitled to vote at the first election, and be of their own, and polled their votes for Gov. eligible to any office within the territory; but Reeder as delegate. that the qualifications of voters and holding office at all subsequent elections should be such as might be prescribed by the Legisla tive Assembly: Provided, however, that the right of suffrage and of holding office should be exercised only by citizens of the United States, and those who should have declared on oath their intention to become such, and have taken an oath to support the Constitution of the United States and the provisions of the act: And provided further, that no officer, soldier, seaman, or marine, or other person in the army or navy of the United States, or attached to troops in their service, should be allowed to vote or hold office in either territory by reason of being on service therein.

The President, in his annual message, referred to the condition of affairs in Kansas; but they assumed so frightful a mien during January, 1856, that he made them the subject of a special message to Congress, before yet the House had been organized.

That message was read to both Houses on the 24th of Jan., 1856, and is as follows:To the Senate and House of Representa

tives:

Circumstances have occurred to disturb the course of governmental organization in the territory of Kansas, and produce there a condition of things which renders it incumbent on me to call your attention to the subject, and urgently to recommend the adoption by you of such measures of legislation as the grave exigencies of the case appear to require.

A brief exposition of the circumstances referred to, and of their causes, will be necessary to the full understanding of the recommendation which it is proposed to submit.

The act to organize the territories of Nebraska and Kansas was a manifestation of the legislative opinion of Congress on two great points of constitutional construction: one, that the designation of the boundaries of a new territory, and provision for its political organization and administration as a territory, are measures which of right fall within the powers of the general government; and the other, that the inhabitants of any such territory considered as an inchoate state are entitled, in the exercise of self-government, to determine for themselves what shall be their own domestic institutions, subject only to the Constitution and the laws duly enacted by Congress under it, and to the power of the existing states to decide, according to the provisions and principles of the Constitution, at what time the territory shall be received as a state into the Union. Such are the great po

Such of the public officers of the territeries as, by the provisions of the act, were to be appointed by the general government, including the governors, were appointed and commissioned in due season; the law having been enacted on the 30th of May, 1854, and the commission of the governor of the territory of Nebraska being dated on the 2d day of August, 1854, and of the territory of Kansas on the 29th day of June, 1854.

Among the duties imposed by the act on the governors was that of directing and superintending the political organization of the respective territories. The Governor of Kansas was required to cause a census or enumeration of the inhabitants and qualified voters of the several counties and districts of the territory to be taken by such persons and in such mode as he might designate and appoint; to appoint and direct the time and places of holding the first elections, and the manner of conducting them, both as to the persons to superintend such elections and the returns thereof; to declare the number of the members of the Council and House of Representa tives for each county or district; to declare what persons might appear to be duly elected: and to appoint the time and place of the first meeting of the Legislative Assembly. In sub

stance, the same duties were devolved on the Governor of Nebraska.

While by this act, the principle of constitution for each of the territories was one and the same, and the details of organic legislation regarding both were as nearly as could be identical, and while the territory of Nebraska was tranquilly and successfully organ ized in the due course of law, and its first Legislative Assembly met on the 16th of Jan. 1855, the organization of Kansas was long delayed, and has been attended with serious difficulties and embarrassments, partly the consequence of local mal-administration, and partly of the unjustifiable interference of the inhabitants of some of the states foreign by residence, interests, and rights to the terri

tory.

The governor of the territory of Kansas, commissioned, as before stated, on the 29th of June, 1854, did not reach the designated seat of his government until the 7th of the ensuing October; and even then failed to make the first step in its legal organization-that of ordering the census or enumeration of its inhabitants-until so late a day that the election of the members of the Legislative Assembly did not take place until the 30th of March, 1855, nor its meeting until the 2d of July, 1855. So that for a year after the territory was constituted by the act of Congress and the officers to be appointed by the federal executive had been commissioned, it was without a complete government, without any legislative authority, without local law, and of course without the ordinary guarantees of peace and public order.

In other respects, the governor, instead of exercising constant vigilance, and putting forth all his energies to prevent or counteract the tendencies to illegality which are prone to exist in all imperfectly organized and newly associated communities, allowed his attention to be diverted from official obligation by other objects, and himself set an example of the violation of law in the performance of acts which rendered it my duty, in the sequel, to remove him from the office of chief executive magistrate of the territory.

forded for systematic interference of the people of individual states.

This interference, in so far as concerns its primary causes and its immediate commencement, was one of the incidents of that pernicious agitation on the subject of the condition of the colored persons held to service in some of the states which has so long disturbed the repose of our country, and excited individuals, otherwise patriotic and law-abiding, to toil with misdirected zeal in the attempt to propagate their social theories by the perversion and abuse of the powers of Congress. The persons and the parties whom the tenor of the act to organize the territories of Nebraska and Kansas thwarted in the endeavor to impose, through the agency of Congress, their particular views of social organization on the people of the future new states, now perceiving that the policy of leaving the inhabitants of each state to judge for themselves in this re spect was ineradically rooted in the convictions of the people of the Union, then had recourse, in the pursuit of their general object, to the extraordinary measure of propagandist colonization of the territory of Kansas, to prevent the free and natural action of its inhabitants in its internal organization, and thus to anticipate or to force the determination of that question in this inchoate state.

With such views, associations were organized in some of the states, and their purposes were proclaimed through the press in language extremely irritating and offensive to those of whom the colonists were to become the neighbors. Those designs and acts had the necessary consequence to awaken emotions of intense indignation in states near to the territory of Kansas, and especially in the adjoining state of Missouri, whose domestic peace was thus the most directly endangered; but they are far from justifying the illegal and reprehensible counter movements which ensued.

Under these inauspicious circumstances the primary elections for members of the Legislative Assembly were held in most, if not all, of the precincts at the time and the places, and by the persons designated and appointed by the governor according to law.

Before the requisite preparation was accomplished for election of a territorial legislature, Angry accusations that illegal votes had an election of delegate to Congress had been been polled abounded on all sides, and impuheld in the territory on the 29th day of No- tations were made both of fraud and violence. vember, 1854, and the delegate took his seat But the governor, in the exercise of the power in the House of Representatives without chal- and the discharge of the duty conferred and lenge. If arrangements had been perfected imposed by law on him alone, officially reby the governor so that the election for mem-ceived and considered the returns; declared bers of the Legislative Assembly might be held a large majority of the members of the Counin the several precincts at the same time as cil and the House of Representatives "duly for delegate to Congress, any question apper- elected;" withheld certificates from others betaining to the qualification of the persons cause of alleged illegality of votes; appointed voting as people of the territory would have a new election to supply the place of the perpassed necessarily and at once under the sons not certified; and thus at length, in all supervision of Congress, as the judge of the the forms of statute, and with his own official validity of the return of the delegate, and authentication, complete legality was given to would have been determined before conflict- the first Legislative Assembly of the territory, ing passions had become inflamed by time, and before opportunity could have been af

Those decisions of the returning officers and of the governor are final, except that, by the