The Kansas-Nebraska Act, May 30, 1854

An Act to Organize the Territories of Nebraska and Kansas.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the territory of the United States included within the following limits, except such portions thereof as are hereinafter expressly exempted from the operations of this act, to wit: beginning at a point in the Missouri River where the fortieth parallel of north latitude crosses the same; then west on said parallel to the east boundary of the Territory of Utah, the summit of the Rocky Mountains; thence on said summit northwest to the forty-ninth parallel of north latitude; thence east on said parallel to the western boundary of the territory of Minnesota; thence southward on said boundary to the Missouri River; thence down the main channel of said river to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory Nebraska; and when admitted as a State or States, the said Territory or any portion of the same, shall be received into the Union with without slavery, as their constitution may prescribe at the time of the admission: Provided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two or more Territories, in such manner and at such tin as Congress shall deem convenient and proper, or from attaching a portion of said Territory to any other State or Territory of the United States: Provided further, That nothing in this act contained shall construed to impair the rights of person or property now pertaining the Indians in said Territory' so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial line or jurisdiction of any State or Territory; but all such territory shall excepted out of the boundaries, and constitute no part of the Territory of Nebraska, until said tribe shall signify their assent to the President of the United States to be included within the said Territory of Nebraska. or to affect the authority of the government of the United States make any regulations respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to the government to make if this act had never passed.

SEC. 2. And Be it further enacted, That the executive power and authority in and over said Territory of Nebraska shall be vested in a Governor who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The Governor shall reside within said Territory, and shall be commander-in-chief of the militia thereof. He may grant pardons and respites for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the aid Territory, and shall take care that the laws be faithfully executed.

SEC. 3. And Be it further enacted, That there shall be a Secretary of said Territory, who shall reside therein, and hold his office for five years, unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the Legislative Assembly hereinafter constituted, and all the acts and proceedings of the Governor in his executive department; he shall transmit one copy of the laws and journals of the Legislative Assembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence semi-annually, on the first days of January and July in each year to the President of the United States, and two copies of the laws to the President of the Senate and to the Speaker of the House of Representatives, to be deposited in the libraries of Congress, and in or case of the death, removal, resignation, or absence of the Governor from the Territory, the Secretary shall be, and he is hereby, authorized and required to execute and perform all the powers and duties of the Governor during such vacancy or absence, or until another Governor shall be duly appointed and qualified to fill such vacancy.

SEC 4. And be it further enacted, That the legislative power and authority of said Territory shall be vested in the Governor and a Legislative Assembly. The Legislative Assembly shall consist of a Council and House of Representatives. The Council shall consist of thirteen members, having the qualifications of voters, as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall, at its first session, consist of twenty-six members, possessing the same qualifications as prescribed for members of the Council, and whose term of service shall continue one year. The number of representatives may be increased by the Legislative Assembly, from time to time, in proportion to the increase of qualified voters: Provided, That the whole number shall never exceed thirty-nine. An apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the council and representatives, giving to each section of the Territory representation in the ratio of its qualified voters as nearly as may be. And the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, the district or county, or counties for which they may be elected, respectively. Previous to the first election, the Governor shall 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 the Governor shall designate and appoint; and the persons so appointed shall receive a reasonable compensation therefor. And the first election shall be held at such time and places, and be conducted in such manner, both as to the persons who shall superintend such election and the returns thereof, as the Governor shall appoint and direct; and he shall at the same time declare the number of members of the Council and House of Representatives to which each of the counties or districts shall be entitled under this act. The persons having the highest number of legal votes in each of said council districts for members of the Council, shall be declared by the Governor to be duly elected to the Council; and the persons having the highest number of legal votes for the House of Representatives, shall be declared by the Governor to be duly elected members of said house: Provided, That in case two or more persons voted for shall have an equal number of votes, and in case a vacancy shall otherwise occur in either branch of the Legislative Assembly, the Governor shall order a new election; and the persons thus elected to the Legislative Assembly shall meet at such place and on such day as the Governor shall appoint; but thereafter, the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the Council and House of 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: Provided, That no session in any one year shall exceed the term of forty days, except the first session, which may continue sixty days.

SEC. 5. And be it further enacted, That every free white male inhabitant above the age of twenty-one years who shall be an actual resident of said Territory, and shall possess the qualifications hereinafter prescribed, shall be entitled to vote at the first election, and shall be eligible to any office within the said Territory; but the qualifications of voters, and of holding office, at all subsequent elections, shall be such as shall be prescribed by the Legislative Assembly: Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States and those who shall have declared on oath their intention to become such, and shall have taken an oath to support the Constitution of the United States and the provisions of this 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 the service of the United States, shall be allowed to vote or hold office in said Territory, by reason of being on service therein.

SEC. 6. And Be it further enacted, That the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. Every bill which shall have passed the Council and House of Representatives of the said Territory shall, before it become a law, be presented to the Governor of the Territory; if he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Assembly, by adjournment, prevents its return, in which case it shall not be a law.

SEC. 7. And be it further enacted, That all township, district, and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the Governor and Legislative Assembly of the Territory of Nebraska. The Governor shall nominate, and, by and with the advice and consent of the Legislative Council, appoint all officers not herein otherwise provided for; and in the first instance the Governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the Legislative Assembly; and shall lay off the necessary districts for members of the Council and House of Representatives, and all other officers.

SEC. 8. And be it further enacted, That no member of the Legislative Assembly shall hold, or be appointed to, any office which shall have been created, or the salary or emoluments of which shall have been increased, while he was a member, during the term for which he was elected, and for one year after the expiration of such term; but this restriction shall not be applicable to members of the first Legislative Assembly; and no person holding a commission or appointment under the United States, except Postmasters, shall be a member of the Legislative Assembly, or hold any office under the government of said Territory.

SEC. 9. And be it further enacted, That the judicial power of said Territory shall be vested in a Supreme Court, District Courts, Probate Courts, and in Justices of the Peace. The Supreme Court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually, and they shall hold their offices during the period of four years, and until their successor shall be appointed and qualified. The said Territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the Supreme Court, at such times and places as may be prescribed by of law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and districts courts, respectively, shall possess chancery as well as common law jurisdiction. Each District Court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may, be held. Writs of error, bills of exception, and appeals, shall be allowed in all cases from the final decisions of said district courts to the Supreme Court, under 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 from the final decisions 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 to 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.

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 entitled “An act to amend, and supplementary to, the aforesaid act,” approved September 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 I 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 appointed 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 regulation 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. 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 a Secretary 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 salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the Treasury of the United States; but no such payment shall be made until said officers shall have entered upon the duties of their respective appointments. The members of the Legislative Assembly shall be entitled to receive three dollars each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route; and an additional allowance of three dollars shall be paid to the presiding officer of each house for each day he shall so preside. And a chief clerk, one assistant clerk, a sergeant-at-arms, and doorkeeper, may be chosen for each house; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day, during the session of the Legislative Assembly; but no other officers shall be paid by the United States: Provided, That there shall be but one session of the legislature annually, unless, on an extraordinary occasion, the Governor shall think proper to call the legislature together. There shall be appropriated, annually, the usual sum, to be expended by the Governor, to defray the contingent expenses of the Territory, including the salary of a clerk of the Executive Department; and there shall also be appropriated, annually, a sufficient sum, to be expended by the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the Legislative Assembly, the printing of the laws, and other incidental expenses; and the Governor and Secretary of the Territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the Secretary of the Treasury of the United States, and shall, semi-annually, account to the said Secretary for the manner in which the aforesaid moneys shall 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 years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the Legislative Assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed 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 the Congress to which he shall be elected. The first election shall be held at such time and 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 elections, shall be prescribed by law. The person having the greatest number of votes shall be declared by the Governor to be duly elected; and a certificate thereof shall be given accordingly. That the Constitution, and all Laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Nebraska as elsewhere within the United States, except the eighth section of the act preparatory to the admission of Missouri into the Union approved March sixth, eighteen hundred and twenty, which, being inconsistent with the principle of non-intervention by Congress with slaves in the States and Territories, as recognized by the legislation of eighteen hundred and fifty, commonly called the Compromise Measures, is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form an regulate their domestic institutions in their own way, subject only to the Constitution of the United States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of sixth March, eighteen hundred and twenty, either protecting, establishing, prohibiting, or abolishing slavery.

SEC. 15. And Be it further enacted, That there shall hereafter be appropriated, as has been customary for the Territorial governments, 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 the same into market, section; numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same.

SEC. 17. And be it further enacted, That, until otherwise provided by law, the Governor of said Territory may define the Judicial Districts of said Territory, and assign the judges who may be appointed for said Territory to the several districts; and also appoint the times and places for holding courts in the several counties or subdivisions in each of said Judicial Districts by proclamation, to be issued by him; but the Legislative Assembly, at their first or any subsequent session, may organize, alter, or modify such Judicial Districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient.

SEC. 18. And be it further enacted, That all officers to be appointed by the President, by and with the advice and consent of the Senate, for the Territory of Nebraska, who, by virtue of the provisions of any law now existing, or which may be enacted during the present Congress, are required to give security for moneys that may be intrusted with them for disbursement, shall give such security, at such time and place, and in such manner, as the Secretary of the Treasury may prescribe.

SEC. 19. And be it further enacted, That all that part of the Territory of the United States included within the following limits, except such portions thereof as are hereinafter expressly exempted from the operations of this act, to wit, beginning at a point on the western boundary of the State of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence west on said parallel to the eastern boundary of New Mexico; thence north on said boundary to latitude thirty-eight; thence following said boundary westward to the east boundary of the Territory of Utah, on the summit of the Rocky Mountains; thence northward on said summit to the fortieth parallel of latitude, thence east on said parallel to the western boundary of the State of Missouri; thence south with the western boundary of said State to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory of Kansas; and when admitted as a State or States, the said Territory, or any 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: Provided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States: Provided further, That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the Territory of Kansas, until said tribe shall signify their assent to the President of the United States to be included within the said Territory of Kansas, or to affect the authority of the government of the United States to make any regulation respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to the government to make if this act had never passed.

SEC. 20. And be it further enacted, That the executive power and authority in and over said Territory of Kansas shall be vested in a Governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The Governor shall reside within said Territory, and shall be commander-in-chief of the militia thereof. He may grant pardons and respites for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said Territory, and shall take care that the laws be faithfully executed.

SEC. 21. And be it further enacted, That there shall be a Secretary of said Territory, who shall reside therein, and hold his office for five years, unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the Legislative Assembly hereinafter constituted, and all the acts and proceedings of the Governor in his Executive Department; he shall transmit one copy of the laws and journals of the Legislative Assembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence semi-annually, on the first days of January and July in each year, to the President of the United States, and two copies of the laws to the President of the Senate and to the Speaker of the House of Representatives, to be deposited in the libraries of Congress; and, in case of the death, removal, resignation, or absence of the Governor from the Territory, the Secretary shall be, and he is hereby, authorized and required to execute and perform all the powers and duties of the Governor during such vacancy or absence, or until another Governor shall be duly appointed and qualified to fill such vacancy.

SEC. 22. And be it further enacted, That the legislative power and authority of said Territory shall be vested in the Governor and a Legislative Assembly. The Legislative Assembly shall consist of a Council and House of Representatives. The Council shall consist of thirteen members, having the qualifications of voters, as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall, at its first session, consist of twenty-six members possessing the same qualifications as prescribed for members of the Council, and whose term of service shall continue one year. The number of representatives may be increased by the Legislative Assembly, from time to time, in proportion to the increase of qualified voters: Provided, That the whole number shall never exceed thirty-nine. An apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the Council and Representatives, giving to each section of the Territory representation in the ratio of its qualified voters as nearly as may be. And the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, the district or county, or counties, for which they may be elected, respectively. Previous to the first election, the Governor shall 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 the Governor shall designate and appoint; and the persons so appointed shall receive a reasonable compensation therefor. And the first election shall be held at such time and places, and be conducted in such manner, both as to the persons who shall superintend such election and the returns thereof, as the Governor shall appoint and direct; and he shall at the same time declare the number of members of the Council and House of Representatives to which each of the counties or districts shall be entitled under this act. The persons having the highest number of legal votes in each of said Council Districts for members of the Council, shall be declared by the Governor to be duly elected to the Council; and the persons having the highest number of legal votes for the House of Representatives, shall be declared by the Governor to be duly elected members of said house: Provided, That in case two or more persons voted for shall have an equal number of votes, and in case a vacancy shall otherwise occur in either branch of the Legislative Assembly, the Governor shall order a new election; and the persons thus elected to the Legislative Assembly shall meet at such place and on such day as the Governor shall appoint; but thereafter, the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the Council and House of 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: Provided, That no session in any one year shall exceed the term of forty days, except the first session, which may continue sixty days.

SEC. 23. And be it further enacted, That every free white male inhabitant above the age of twenty-one years, who shall be an actual resident of said Territory, and shall possess the qualifications hereinafter prescribed, shall be entitled to vote at the first election, and shall be eligible to any office within the said Territory; but the qualifications of voters, and of holding office, at all subsequent elections, shall be such as shall be prescribed by the Legislative Assembly: Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States, and those who shall have declared, on oath, their intention to become such, and shall have taken an oath to support the Constitution of the United States and the provisions of this 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 the service of the United States, shall be allowed to vote or hold office in said Territory by reason of being on service therein.

SEC. 24. And be it further enacted, That the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other properly of residents. Every bill which shall have passed the Council and House of Representatives of the said Territory shall, before it become a law, be presented to the Governor of the Territory; if he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which, it shall likewise be reconsidered, and, if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house, respectively. If any bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Assembly, by adjournment, prevent its return, in which case it shall not be a law.

SEC. 25. And be it further enacted, That all township, district, and; county officers, not herein otherwise provided for, shall be appointed or elected as the case may be, in such manner as shall be provided by the Governor and Legislative Assembly of the Territory of Kansas. The Governor shall nominate, and, by and with the advice and consent of the Legislative Council, appoint all officers not herein otherwise provided for; and, in the first instance, the Governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the Legislative Assembly; and shall lay off the necessary districts for members of the Council and House of Representatives, and all other officers.

SEC. 26. And be it further enacted, That no member of the Legislative Assembly shall hold, or be appointed to, any office which shall have been created, or the salary or emoluments of which shall have been increased, while he was a member, during the term for which he was elected, and for one year after the expiration of such term; but this restriction shall not be applicable to members of the first Legislative Assembly; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the Legislative Assembly, or shall hold any office under the government of said Territory.

SEC. 27. And be it further enacted, That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The Supreme Court shall Consist of chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually; and they shall hold their offices during the period of four years, and until their successors shall be appointed and qualified. The said Territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the Supreme Court, at such times and places as may be prescribed by law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction. Said District Court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals shall be allowed in all cases from the final decisions of said district courts to the Supreme Court, under 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 from the final decisions 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 writ of error or appeals shall be allowed and decided by 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 eighteenth, 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 may 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 the same fees in all such cases, which the clerks of the district courts of Utah Territory now receive for similar services.

SEC. 28. And be it further enacted, That the provisions of the act entitled "An act respecting fugitives from justice, and persons escaping from, the service of their masters," approved February twelfth, seventeen hundred and ninety-three, and the provisions of the act entitled "An act to amend, and supplementary to, the aforesaid act," approved September eighteenth, eighteen hundred and fifty, be, and the same are hereby, declared to extend to and be in full force within the limits of the said Territory of Kansas.

SEC. 29. 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 appointed and qualified, unless sooner removed by the President, and who shall execute all processes issuing from the said courts where 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. 30. 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 Secretary 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 receive As an annual salary of two thousand dollars. The Secretary shall receive an annual salary of two thousand dollars. The said salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the Treasury of the United States; but no such payment shall be made until said officers shall have entered upon the duties of their respective appointments. The members of the Legislative Assembly shall be entitled to receive three dollars each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route; and an additional allowance of three dollars shall be paid to the presiding officer of each house for each day he shall so preside. And a chief clerk, one assistant clerk, a sergeant at-arms, and door-keeper, may be chosen for each house; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day, during the session of the Legislative Assembly; but no to other officers shall be paid by the United States: Provided, That there shall be but one session of the Legislature annually, unless, on an extraordinary occasion, the Governor shall think proper to call the Legislature together. There shall be appropriated, annually, the usual sum, to be expended by the Governor, to defray the contingent expenses of the Territory, including the salary of a clerk of the Executive Department and there shall also be appropriated, annually, a sufficient sum, to be expended by the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the Legislative Assembly, the printing of the laws, and other incidental expenses; and the Governor and Secretary of the Territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the secretary of the Treasury of the United States, and shall, semi-annually, account to the said secretary for lit the manner in which the aforesaid moneys shall 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. 31. And be it further enacted, That the seat of government of said Territory is hereby located temporarily at Fort Leavenworth; and that such portions of the public buildings as may not be actually used and needed for military purposes, may be occupied and used, under the direction of the Governor and Legislative Assembly, for such public purposes as may be required under the provisions of this act.

SEC. 32. And be it further enacted, That a delegate 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 States, may be elected by the voters qualified to elect members of the Legislative Assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed 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 the Congress to which he shall be elected. The first election shall be held at such time and 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 elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the Governor to be duly elected, and a certificate thereof shall be given accordingly. That the Constitution, and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Kansas as elsewhere within the United States, except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March sixth, eighteen hundred and twenty, which, being inconsistent with the principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of eighteen hundred and fifty, commonly called the Compromise Measures, is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of sixth of March, eighteen hundred and twenty, either protecting, establishing, prohibiting, or abolishing slavery.

SEC. 33. 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 Kansas, 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. 34. 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 the same into market, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same.

SEC. 35. And be it further enacted, That, until otherwise provided by law, the Governor of said Territory may define the Judicial Districts of said Territory, and assign the judges who may be appointed for said Territory to the several districts; and also appoint the times and places forholding courts in the several counties or subdivisions in each of said judicial districts by proclamation, to be issued by him; but the Legislative Assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts as to them shall seem proper and convenient.

SEC. 36. And be it further enacted, That all officers to be appointed by the President, by and with the advice and consent of the Senate, for the Territory of Kansas, who, by virtue of the provisions of any law now existing, or which may be enacted during the present Congress, are required to give security for moneys that may be intrusted with them for disbursement, shall give such security, at such time and place, and in such manner as the Secretary of the Treasury may prescribe.

SEC. 37. And be it further enacted, That all treaties, laws, and other, engagements made by the government of the United States with the Indian tribes inhabiting the territories embraced within this act, shall be faithfully and rigidly observed, notwithstanding any thing contained in this act; and that the existing agencies and superintendencies of said Indians be continued with the same powers and duties which are now prescribed by law, except that the President of the United States may, at his discretion, change the location of the office of superintendent.

Approved, May 30, 1854.

SOURCE: National Archives and Records Administration, Washington, D. C., Accessed April 22, 2022

Enabling Act For Missouri, March 6, 1820

[SIXTEENTH CONGRESS, FIRST SESSION.]

An Act to authorize the people of Missouri Territory to form a constitution and State government, and for the admission of such State into the Union on an equal footing with the original States, and to prohibit slavery in certain Territories.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of that portion of the Missouri Territory included within the boundaries hereinafter designated, be, and they are hereby, authorized to form for themselves a constitution and State government, and to assume such name as they shall deem proper; and the said State, when formed, shall be admitted into the Union upon an equal footing with the original States in all respects whatsoever.

SEC. 2. And be it further enacted, That the said State shall consist of all the territory included within the following boundaries, to wit: Beginning in the middle of the Mississippi River, on the parallel of thirty-six degrees of north latitude; thence west along that parallel of latitude to the Saint François River; thence up, and following the course of that river, in the middle of the main channel thereof, to the parallel of latitude of thirty-six degrees and thirty minutes; thence west, along the same, to a point where the said parallel is intersected by a meridian-line passing through the middle of the mouth of the Kansas River, where the same empties into the Missouri River; thence from the point aforesaid north, along the said meridian-line, to the intersection of the parallel of latitude which passes through the rapids of the river Des Moines, making the said line to correspond with the Indian boundary-line; thence east, from the point of intersection last aforesaid, along the said parallel of latitude, to the middle of the channel of the main fork of the said river Des Moines; thence down and along the middle of the main channel of the said river Des Moines to the mouth of the same, where it empties into the Mississippi River; thence due east to the middle of the main channel of Mississippi River; thence down, and following the course of the Mississippi River, in the middle of the main channel thereof, to the place of beginning: Provided, The State shall ratify the boundaries aforesaid: And provided also, That the said State shall have concurrent jurisdiction on the river Mississippi, and every other river bordering on the said State, so far as the said rivers shall form a common boundary to the said State and any other State or States, now or hereafter to be formed and bounded by the same, such rivers to be common to both; and that the river Mississippi, and the navigable rivers and waters leading into the same, shall be common highways, and forever free, as well to the inhabitants of the said State as to other citizens of the United States, without any tax, duty, impost, or toll therefor imposed by the said State.

SEC. 3. And be it further enacted, That all free white male citizens of the United States, who shall have arrived at the age of twenty-one years, and have resided in said Territory three months previous to the day of election, and all other persons qualified to vote for representatives to the general assembly of the said Territory, shall be qualified to be elected, and they are hereby qualified and authorized to vote and choose representatives to form a convention, who shall be apportioned amongst the several counties as follows:

From the county of Howard, five representatives.

From the county of Cooper, three representatives.

From the county of Montgomery, two representatives.

From the county of Pike, one representative.

From the county of Lincoln, one representative.

From the county of Saint Charles, three representatives.

From the county of Franklin, one representative.

From the county of Saint Louis, eight representatives.

From the county of Jefferson, one representative.

From the county of Washington, three representatives.

From the county of Saint Genevieve, four representatives.

From the county of Madison, one representative.

From the county of Cape Girardeau, five representatives.

From the county of New Madrid, two representatives.

From the county of Wayne, and that portion of the county of Lawrence that falls within the boundaries herein designated, one representative.

And the election for the representatives aforesaid shall be holden on the first Monday and two succeeding days of May next, throughout the several counties aforesaid in the said Territory, and shall be in every respect held and conducted in the same manner and under the same regulations as is prescribed by the laws of the said Territory regulating elections therein for members of the general assembly, except that the returns of the election in that portion of Lawrence County included in the boundaries aforesaid shall be made to the county of Wayne, as is provided in other cases under the laws of said Territory.

SEC. 4. And be it further enacted, That the members of the convention thus duly elected shall be, and they are hereby, authorized to meet at the seat of government of said Territory, on the second Monday of the month of June next; and the said convention, when so assembled, shall have power and authority to adjourn to any other place in the said Territory, which to them shall seem best for the convenient transaction of their business; and which convention, when so met, shall first determine, by a majority of the whole number elected, whether it be or be not expedient at that time to form a constitution and State government for the people within the said Territory, as included within the boundaries above designated; and, if it be deemed expedient, the convention shall be, and hereby is, authorized to form a constitution and State government; or, if it be deemed more expedient, the said convention shall provide by ordinance for electing representatives to form a constitution or frame of government; which said representatives shall be chosen in such manner, and in such proportion, as they shall designate, and shall meet at such time and place as shall be prescribed by the said ordinance; and shall then form for the people of said Territory, within the boundaries aforesaid, a constitution and State government: Provided, That the same, whenever formed, shall be republican, and not repugnant to the Constitution of the United States; and that the legislature of said State shall never interfere with the primary disposal of the soil by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to the bona-fide purchasers; and that no tax shall be imposed on lands the property of the United States; and in no case shall non-resident proprietors be taxed higher than residents.

Sec. 5. And be it further enacted, That, until the next general census shall be taken, the said State shall be entitled to one Representative in the House of Representatives of the United States.

SEC. 6. And be it further enacted, That the following propositions be, and the same are hereby, offered to the convention of the said Territory of Missouri, when formed, for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory upon the United States:

First. That section numbered sixteen in every township, and when such section has been sold, or otherwise disposed of, other lands, equivalent thereto and as contiguous as may be, shall be granted to the State for the use of the inhabitants of such township, for the use of schools.

Second. That all salt-springs, not exceeding twelve in number, with six sections of land adjoining to each, shall be granted to the said State, for the use of said State, the same to be selected by the legislature of the said State, on or before the first day of January, in the year one thousand eight hundred and twenty-five, and the same, when so selected, to be used under such terms, conditions, and regulations as the legislature of said State shall direct: Provided, That no salt-spring, the right whereof now is, or hereafter shall be, confirmed or adjudged to any individual or individuals, shall, by this section, be granted to said State: And provided also, That the legislature shall never sell or lease the same, at any one time, for a longer period than ten years, without the consent of Congress.

Third. That 5 per cent. of the net proceeds of the sale of lands lying within the said Territory, or State, and which shall be sold by Congress, from and after the first day of January next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals, of which three-fifths shall be applied to those objects within the State, under the direction of the legislature thereof; and the other two-fifths in defraying, under the direction of Congress, the expenses to be incurred in making of a road or roads, canal or canals, leading to the said State.

Fourth. That four entire sections of land be, and the same are hereby, granted to the said State, for the purpose of fixing their seat of government thereon, which said sections shall, under the direction of the legislature of said State, be located, as near as may be, in one body, at any time, in such townships and ranges as the legislature aforesaid may select, on any of the public lands of the United States: Provided, That such locations shall be made prior to the public sale of the lands of the United States surrounding such location.

Fifth. That thirty-six sections, or one entire township, which shall be designated by the President of the United States, together with the other lands heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of said State, to be appropriated solely for the use of such seminary by the said legislature: Provided, That the five foregoing propositions herein offered are on the condition that the convention of the said State shall provide, by an ordinance, irrevocable without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of January next, shall remain exempt from any tax laid by order or under the authority of the State, whether for State, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale: And further, That the bounty-lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees, or their heirs, remain exempt as aforesaid from taxation for the term of three years from and after the date of the patents respectively.

SEC. 7. And be it further enacted, That in case a constitution and State government shall be formed for the people of the said Territory of Missouri, the said convention or representatives, as soon thereafter as may be, shall cause a true and attested copy of such constitution, or frame of State government, as shall be formed or provided, to be transmitted to Congress.

Sec. 8. And be it further enacted, That in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the State contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be, and is hereby, forever prohibited: Provided always, That any person escaping into the same from whom labor or service is lawfully claimed in any State or Territory of the United States, such fugitive may be lawfully reclaimed, and conveyed to the person claiming his or her labor or services as aforesaid.

APPROVED, March 6, 1820.

SOURCES: Benjamin Perley Poore, Compiler, The Federal and State Constitutions, Colonial Charters, and Other Organic Laws of the United States, Part 2, p. 1102-4

William T. Sherman to Thomas Ewing Jr., February 17, 1860

BATON ROUGE, Feb. 17, 1860.

DEAR TOM: . . . I am down here at the legislature log rolling for a bill to the interest of our institution. I have no doubt of success. I cannot but laugh in my sleeve at the seeming influence I possess, dining with the governor, hobnobbing with the leading men of Louisiana, whilst John is universally blackguarded as an awful abolitionist. No person has said one word against me, and all have refrained from using his name in vain.

As to your prospects, I see as chief justice you ran ahead of your ticket. I doubt not you can be elected as senator. For the chances it is best, though for a firm solid foundation the judgeship is preferable. Still I think I know enough of you to say your mind is made up and like the fellow engaged to some girl goes round and asks advice leaves room for but one side to the question. I advise you then to go to the senate, be moderate and take the chances.

If they find me advising with you and John, two desperate Blacks, they will suspect me of treason and hang me. No, this is not so, we discuss all public questions here with fairness. Louisiana is not ultra. She has property valued at four hundred millions of dollars which is all based on slave labor. It is no new open question to them; they must be prejudiced in favor of their interests, and I know and often assert that such persons as you and John are not inclined to molest this property. I state your position thus: in Kansas the party known as Democratic did endeavor to impose slavery on Kansas and resorted to extraneous force and fraud. This led to force and violence on the other side, and then, as in all similar contests for colonizing, the North beat, because she has one hundred who can emigrate where the South has one. I understand the moderate Republicans to be opposed to slavery in the abstract, to its extension, but not committed to its molestation where it now exists. I hope the party will not attempt the repeal of the Fugitive Slave Law, and that courts and legislatures will not take ultra ground, individuals and newspapers may, but judges and legislatures cannot without committing whole communities.

The relation between master and slave cannot be changed without utter ruin to immense numbers, and it is not sure the negro would be benefitted. If John had not signed that Helper book he could have been elected and would have had a fine chance of showing fairness and manliness at a time of crisis. As it is now he can only growl over expenses and waste; that the Devil himself cannot stop.

Louisiana will not join in any South Carolina measure, but her people and representatives are nervous on the nigger question, and I have to be on my guard all the while as Ohio is looked on as a regular Bogey. Bragg and others here know me to be national, and they back me up too strong, so that I am coaxed and begged not to leave them. I know this sentiment to be sincere and the professors begged me by all the considerations possible to stand by the Institution, as they think that I can make it successful and famous. If too by being here, with such relatives as you and John, I could also do something to allay fears and apprehensions which I believe unfounded I could do patriotic service. Yet the itching for change and adventure makes me strongly inclined to go to London. My life here would settle down into a plain, easy berth.

The Democratic Party will try to keep Kansas out by manoeuvre, but I take it if a fair square vote can be had Kansas must be admitted as she is. I shall be glad to see your name as senator. I dined yesterday with Governor Moore, to-day with the attorney-general, so you see I am in the land of clover as well as molasses.

During our first term many defects in the original act of the Legislature, were demonstrated, and, by the advice of the Board of Supervisors, I went down to Baton Rouge during the session of the legislature to advocate and urge the passage of a new bill, putting the institution on a better footing. Thomas O. Moore was then Governor, Bragg was a member of the Board of Public Works, and Richard Taylor was a senator. I got well acquainted with all of these, and with some of the leading men of the state, and was always treated with the greatest courtesy and kindness.

In conjunction with the proper committee of the legislature, we prepared a new bill, which was passed and approved on the 7th of March, 1860, by which we were to have a beneficiary cadet for each parish, in all fifty-six, and fifteen thousand dollars annually for their maintenance; also twenty thousand dollars for the general use of the college. During that session we got an appropriation of fifteen thousand dollars for building two professors' houses, for the purchase of philosophical and chemical apparatus, and for the beginning of a college library. The Seminary was made a State Arsenal, under the title of State Central Arsenal, and I was allowed five hundred dollars a year as its superintendent.

These matters took me several times to Baton Rouge that winter, and I recall an event of some interest, which must have happened in February. At that time my brother, John Sherman, was a candidate, in the national House of Representatives, for speaker, against Bocock, of Virginia. In the South he was regarded as an "abolitionist,” the most horrible of all monsters; and many people of Louisiana looked at me with suspicion, as the brother of the abolitionist, John Sherman, and doubted the propriety of having me at the head of an important state institution. By this time I was pretty well acquainted with many of their prominent men, was generally esteemed by all in authority, and by the people of Rapides Parish especially, who saw that I was devoted to my particular business, and that I gave no heed to the political excitement of the day. But the members of the state Senate and House did not know me so well, and it was natural that they should be suspicious of a northern man, and the brother of him who was the "abolition" candidate for speaker of the House.

One evening, at a large dinner-party at Governor Moore's at which were present several members of the Louisiana legislature, Taylor, Bragg, and the Attorney-general Hyams, after the ladies had left the table, I noticed at Governor Moore's end quite a lively discussion going on, in which my name was frequently used; at length the governor called to me, saying: "Colonel Sherman, you can readily understand that, with your brother the abolitionist candidate for speaker, some of our people wonder that you should be here at the head of an important state institution. Now, you are at my table, and I assure you of my confidence. Won't you speak your mind freely on this question of slavery, that so agitates the land? You are under my roof, and, whatever you say, you have my protection.

I answered: "Governor Moore, you mistake in calling my brother John Sherman, an abolitionist. We have been separated since childhood - I, in the army, and he pursuing his profession of law in northern Ohio; and it is possible we may differ in general sentiment, but I deny that he is considered at home an abolitionist; and, although he prefers the free institutions under which he lives to those of slavery which prevail here, he would not of himself take from you by law or force any property whatever, even slaves.”

Then said Moore: “Give us your own views of slavery as you see it here and throughout the South.”

I answered in effect that "the people of Louisiana were hardly responsible for slavery, as they had inherited it; that I found two distinct conditions of slavery, domestic and field hands. The domestic slaves, employed by the families, were probably better treated than any slaves on earth; but the condition of the field-hands was different, depending more on the temper and disposition of their masters and overseers than were those employed about the house;" and I went on to say that, were I a citizen of Louisiana, and a member of the legislature, I would deem it wise to bring the legal condition of the slave more near the status of human beings under all Christian and civilized governments. In the first place, I argued that, in sales of slaves made by the state, I would forbid the separation of families, letting the father, mother, and children, be sold together to one person, instead of each to the highest bidder. And, again, I would advise the repeal of the statute which enacted a severe penalty for even the owner to teach his slave to read and write, because that actually qualified property and took away a part of its value; illustrating the assertion by the case of Henry Sampson, who had been the slave of Colonel Chambers, of Rapides Parish, who had gone to California as the servant of an officer of the army, and who was afterward employed by me in the bank at San Francisco. At first he could not write or read, and I could only afford to pay him one hundred dollars a month; but he was taught to read and write by Reilley, our bank-teller, when his services became worth two hundred and fifty dollars a month, which enabled him to buy his own freedom and that of his brother and his family.

What I said was listened to by all with the most profound attention; and when I was through, some one (I think it was Mr. Hyams struck the table with his fist, making the glasses jingle, and said, “By God, he is right!” and at once he took up the debate, which went on, for an hour or more, on both sides with ability and fairness. Of course, I was glad to be thus relieved, because at the time all men in Louisiana were dreadfully excited on questions affecting their slaves, who constituted the bulk of their wealth, and without whom they honestly believed that sugar, cotton, and rice, could not possibly be cultivated. . . .

SOURCE: Walter L. Fleming, General W.T. Sherman as College President, p. 173-9

Jonathan Worth to Joseph John Jackson, November 29, 1860

RALEIGH, Nov. 29, '60.

You will have seen that all the important elections are over excepting that of Senator. The papers announce that Clingman has received the caucus nomination. I am confident that this is a mistake. On the contrary the understanding here is that the Caucus laid on the table the motion to nominate a Senator. I presume Union Democrats are unwilling to vote for him. I hear that some of them prefer Bedford Brown. I am not in the secrets of those that can control the election, but should not be surprised if Brown should be the man. The Disunion influence here is less potent than it was at the opening of the session. I hope no action will be taken as to our Federal relation before the Christmas holidays and that we shall then adjourn until the inauguration of Lincoln. If he should pledge himself to execute the Fugitive Slave Law, and do it, I care nothing about the question as to Squatter Sovereignty. If he adopt the Southern doctrine that a State may disregard an act of Congress at pleasure and such State should not be coerced—If S. C., for instance, seize the U. S. magazine and refuse to pay duties or seize the public arms in the National Capital Arsenal and he refuse to coerce the obedience—it follows that he ought not to enforce the execution of the Fugitive Slave Law in the nullifying free States——and in that case there is virtually no Union to dissolve; upon this idea we have no government, and it will be expedient to establish one.

SOURCE: J. G. de Roulhac Hamilton, Editor, The Correspondence of Jonathan Worth, Volume 1, p. 124

Gerrit Smith’s Speech on the Fort Pillow and Plymouth Massacres: Peterboro, Massachusetts, April 26, 1864.

The whole civilized world will be startled and horrified by this slaughter of probably not less than five or six hundred persons. The excuse in the case of a part of the slaughtered is, that they were traitorous citizens of the Confederacy: in the case of another part, that they were whites fighting by the side of blacks: in the case of the remainder, including women and even children, that they were blacks. That these were blacks, was cause enough why, though numbering three or four hundred, they should be murdered — murdered in utter contempt of all the sacred rights of prisoners of war. It is of the crime against these, I would now speak.

Who are to be held amenable for this crime? The rebels. Yes, but not the rebels only. The authorship of this crime, so matchless in its worst features, is very comprehensive. The responsibility for it is wider than our nation. England shares in the authorship and responsibility, because it was she who planted slavery in America, and because it is slavery out of which this crime has come. Our own nation, however, is the far guiltier one. The guilt of this crime is upon all her people who have contributed to that public sentiment, which releases white men from respecting the rights of black men. Our highest Court says that this satanic sentiment prevailed in the early existence of our nation. Certain it is, that it has prevailed in all the later periods of that existence. Who are they who have contributed to generate it? All who have held that blacks are unfit to sit by the side of whites in the church, the school, the car and at the table. All who have been in favor of making his complexion shut out a black man from the ballot-box. All who have been for making a man's title to any of the rights of manhood turn on the color of the skin in which his Maker has chosen to wrap him. All, in short, who have hated or despised the black man.

Even President Lincoln, whom God now blesses and will yet more bless for the much he has done for his black brethren, is not entirely innnocent of the Fort Pillow and Plymouth massacres. Had his plan of “Reconstruction” recognized the right of the black men to vote, it would thereby have contributed to lift them up above outrage, instead of contributing, as it now does, to invite outrage upon them. By the way, it is a pity that he undertook “Reconstruction.” It was entirely beyond his civil capacity to do so: and it was entirely beyond his military capacity to have a part in setting up any other than a military or provisional government. Moreover, this is the only kind of government which it is proper to set up in the midst of war. The leisure and advantages of peace are necessary in the great and difficult work of establishing a permanent government. In this connection let me advert for a moment to the doctrine, “Once a State always a State” — a doctrine so frequently wielded against “Reconstruction” on any terms. Where is the authority for this doctrine? In the Constitution, it is said. But nowhere does the Constitution say that a State may plunge into war, secure at all hazards from some of the penalties of war. But amongst the penalties of war is whatever change the conqueror may choose to impose upon the conquered territory. I admit that it is very desirable to have all the revolting States reestablished — reinstated. But that there is any law by which this becomes inevitable is absurd. Nowhere does the Constitution say that a State is to be exempt from the operation of the law of war. Nowhere does it undertake to override the law of war. How clear is it, then, that by this paramount law these revolted States will, when conquered, lie at the will of the conqueror! And how clear is it, that it will then turn not at all upon the Constitution, but upon this will of the conqueror, backed by this paramount law of war, whether the old statehood of these States shall be revived, or whether they shall be remanded to a territorial condition, and put upon their good behavior!

There is another instance in which the President has contributed to that cruel public sentiment, which leaves the black race unprotected. I refer to his so strangely long delay in promising protection to the black soldier, and to the even longer and not yet ended delay in affording it. The President is a humane as well as an honest man; and the only explanation I can find for his delay to protect the black soldier and to put an end, so far as in him lies, to the various, innumerable, incessant outrages upon the freedmen is in the continuance of his childish and cowardly desire to conciliate his native Kentucky and the Democratic party.

I argued that even President Lincoln is responsible in some degree for that public sentiment, which invites outrage upon the black man and leaves him a prey to the wicked. Those Members of Congress, who are opposing the reasonable measure of letting the black man vote in the Territories, are also guilty of favoring that public sentiment which broke out in the crime at Fort Pillow and Plymouth. Similarly guilty are those members who would make the pay of a black soldier less than that of a white one. And so are those members who consent to leave a fugitive slave statute in existence. In a word, all should tax their consciences with the sin of this public sentiment and with the resulting crime at Fort Pillow and Plymouth, whose influence, by either word or deed, has been to keep up in this heathen land the caste-spirit—that preeminent characteristic of heathenism. I call this a heathen land. To the Christ-Religion — that simple religion of equal rights and of doing as you would be done by — there can be no greater insult than to call a nation in which, as in this, the most cruel and murderous caste-spirit prevails, a Christian nation.

Both on the right hand and on the left, I hear that our nation is to be saved. But my fears that it will not, often become very strong. That the Rebellion is to be crushed, I deeply believe. Often in the course of Providence a wicked people, which is itself to be afterward destroyed, is previously to be used in destroying another and generally more wicked people. There are striking illustrations of this in the Bible. The duty of abolitionists and anti-abolitionists, Democrats and Republicans, to work unitedly, incessantly, and unconditionally for the overthrow of the Rebellion I have not only never doubted, but ever urged. I hold it to be unpatriotic and even traitorous for the Abolitionists to make any conditions in behalf of their specialty, and to propose, as some of them do, to go against the Rebellion only so far as going against it will be going against slavery. So too are those Democrats unpatriotic and even traitorous who can favor the War, only under the stipulation that it be so conducted as to harm neither the Democratic party nor the Constitution. To put down the Rebellion is an object immeasurably higher than to save a party or to save the Constitution, or even to save the country. No man is right-minded, who would not have it put down, even though it be at the expense of the last man and the last dollar.

If anything makes me doubt that the Rebellion will be crushed it is the omission of Congress to abolish slavery, now when it is so clearly seen that the abolition of slavery is an indispensable means to the abolition of the Rebellion. The proposed Amendment to the Constitution I take no interest in. One reason why I do not, is, that it is not a proposition to abolish slavery now. Another is, that war is not the time to be tinkering at constitutions. I see it denied that Congress has the power, even as a war measure, to abolish slavery. Amazing delusion! There is in every nation an absolute power for carrying on war. The nation that disclaims it may as well give up being a nation. In our own, this power is vested in Congress. Congress is to declare war: and Congress is “to make all laws necessary and proper (itself of course the sole judge of the necessity and propriety) for carrying into execution” the declaration. Is it the institution of apprenticeship, which it finds to be in the way of the successful prosecution of the war — then is it to sweep it out of the way. Is it the abomination of slavery? — then is it to strike at that.

There is, however, one thing more which sometimes, though not often, raises a doubt in me whether the Rebellion will be crushed. It is the premature agitation of the Presidential question. When the Rebellion broke out, I assumed that it would be put down in a few months — for I assumed that this greatest crime against nationality and humanity would arouse and unite the whole North. How greatly was I mistaken Very soon the Democratic party was seen to prefer itself to the country. The Republican party stood by the country. But at the present time there is no little danger that the country may be sacrificed in a strife between the members of the Republican party. For, taking advantage of this strife, the Democratic party may succeed in getting the reins of Government into the hands of one of its pro-slavery peacemakers. But I may be asked — will not the rebels be conquered and the country saved before the next Election? I still hope so — and until the last few months I believed so. But is there not some reason to fear that the North will be wrought up to a greater interest in this year's Presidential than in this year's military campaign In other words, is there not some reason to fear that, for the coming six months, politics instead of patriotism will be in the ascendant?

I still say, as through the past winter I have frequently said, written, and printed — that the Presidential question should not have been talked of, no, nor so much as thought of, until midsummer. The first of September is quite early enough to make the nomination; and in the mean time, undistracted by this so distracting subject, we should be working as one man for the one object of ending the Rebellion — and of ending it before reaching the perils of a presidential election. And such working would best educate us to make the best choice of a candidate. Moreover, it is the condition the country will be in three or four months hence, rather than the condition it is now in, that should be allowed to indicate the choice. Great and rapidly successive are the changes in the circumstances of a country in time of war. To nominate a President in time of peace, six months earlier than is necessary, all would admit to be great folly. But greater folly would it be to nominate him in time of war even a single month earlier than is necessary. The Baltimore Convention is understood to be a movement for renominating President Lincoln, and the Cleveland Convention one for nominating General Fremont. Would that both Conventions were dropped Would indeed that the whole subject were dropped until July or August! — and would too that it were dropped with the understanding, that it should then be taken up, not by the politicians, but by the people!

The people would present a loyal and an able candidate: and whether it were Lincoln or Fremont, Chase or Butler, Dickinson or Dix, the country would be safe.

I recall at this moment the large and respectable meeting for consultation held in Albany last January. What a pity that the meeting took fright at the temperate and timely resolutions reported to it! What a pity that the meeting saw in them danger to the country, or perhaps, more properly speaking, to a party! One of these resolutions and its advocates urged the importance of postponing until the latest possible day the whole subject of a Presidential nomination: and, had it been adopted and published, it would not unlikely have exerted sufficient influence to bring about such postponement. Time has proved the wisdom of the other resolutions also. I wish I could, without seeming egotism, say that slavery, and slavery alone, having brought this war upon us, they, who have given but little thought to slavery, should be too modest to toss aside indignantly and sneeringly the suggestions of those who have made it their life-long study. Were these resolutions now published, almost every man who opposed them, would wonder that he had so little foresight as to oppose them.

And there is still another thing which should perhaps be allowed to suggest a doubt whether the rebellion will be crushed. It is, that we are so reluctant to pay the cost of crushing it. Our brave soldiers and sailors give their lives to this end. But we who stay at home shrink from the money tax which is, and which should be far more largely put upon us. Our nation is imperiled by the incessant outflow of a big stream of gold. Wise and patriotic as he is, our Secretary of the Treasury will nevertheless labor in vain to diminish this stream unless importations shall be taxed far more heavily. Deeply disgraceful are these importations when it is by all that is precious in the very life of our nation that they are forbidden. Surely it is no time now to be indulging in foreign luxuries: and as to necessaries, our own country can furnish them all. Luxuries, whether foreign or domestic, should all come now with great cost to the consumer. And only a small return for protecting their estates from the rebels would it be for the rich to pay over to Government one fourth, and the very rich one half of their incomes. Let me add in this connection that the State Banks should be so patriotic, as to rejoice in the national advantage of an exclusively National currency.

I expressed my belief that the rebellion will be crushed — but my doubt whether the nation will be saved. A guilty nation, like a guilty individual, can be saved through repentance only. But where are the proofs that this nation has so much as begun to repent of the great sin, which has brought the great calamity upon her? She has, it is true, dome much to prove that she regards slavery as a political and economical evil, and a source of great peril to the nation: but she has done exceedingly little toward proving that she has a penitent sense of her sin in fastening the yoke of slavery on ten to twenty millions of this and former generations. It is only here and there — at wide intervals both of time and space — that has been heard the penitent exclamation, “We are verily guilty concerning our brother;” — only at these wide intervals that has been seen any relaxation of the national hatred and scorn for the black man. “Abolitionist,” which, when the nation shall be saved, will be the most popular name in it, is still the most odious and contemptible name in it. That the fugitive slave statute is still suffered to exist, is ample proof that this nation has still a devil's heart toward the black man. How sad that even now, when because of the sin of slaveholding, God is making blood flow like water in this land, there should be found members of Congress, who claim this infernal statute to be one of the rights of slaveholding! As if slaveholding had rights! As if any thing else than punishment were due to it! — punishment adequate to its unmingled, unutterable, and blasphemous wrongs!

I shall, however, be told that slavery will soon be abolished by an Amendment of the Constitution. And what will such an Amendment say? Why, nothing more than that slavery ought not to be — must not be — when it shall no longer be constitutional. What, however, the American people need to say, is, that be it constitutional or unconstitutional, slavery shall not be. So they are always prepared to say regarding murder. But slavery is worse than murder. Every right-minded man had far rather his child were murdered than enslaved. Why, then, do they not affirm that, in no event, will they tolerate slavery any more than murder? The one answer is — because it is the black man, and the black man only, on whom slavery falls. Were white Americans to be enslaved in a Barbary State, or anywhere else, our nation would respect no pleadings of statutes or even of constitutions for their enslavement. In defiance of whatever pleas or whatever restraints, she would release them if she could. The most stupendous hypocrisy of which America has been guilty, is first professing that there is law for slavery — law for that which all law proclaims an outlaw — law for that in which there is not one element of law, but every element of which is an outrage upon law; and second, in professing it, not because she has a particle of belief in it — but simply because blacks instead of whites are the victims of her slavery. America declared that John Brown was “rightly hung.” How hypocritical was the declaration, may be inferred from the fact that had they been white instead of black slaves whom he flung away his life to rescue, she would have honored him as perhaps man has never been honored. And she would have made his honors none the less, but heaped them up all the more, if, in prosecuting his heroic and merciful work, he had tossed aside statutes and broken through sacred constitutions. Oh! if this nation shall ever be truly saved, it will no longer regard John Brown as worthy of the fate of a felon; but it will build the whitest monuments to his memory, and cherish it as the memory. of the sublimest and most Christ-like man the nation has ever produced! Some of the judgments of John Brown — especially such as led him to Harper's Ferry — were unsound and visionary. Nevertheless, even when committing his mistakes, he stood, by force of the disinterestedness and greatness of his soul, above all his countrymen.

Would Congress contribute most effectively to put down the rebellion, and to save the nation by the great salvations of penitence and justice — the only real salvations? Would it do this? — then let it pass, solemnly and unanimously, a resolution that there never was and never can be, either inside or outside of statutes or constitutions, law for slavery; and then another resolution that whoever shall attempt to put the yoke of slavery on however humble a neck, black or white, deserves to be put to death.

A word further in regard to the proposed Amendment. Were the impudent and monstrous claim of its being law set up for murder, no one would propose an amendment of the Constitution forbidding murder. The only step in that case would be to make the penalty for the crime more sure and if possible more severe. Such an amendment would be strenuously objected to, in that it would stain the Constitution with the implication that murder had been constitutional. And now, if we shall have a Constitutional Amendment, which, in terms, forbids slavery, (it is already forbidden by the spirit, principles, and even provisions of the Constitution,) shall we not be virtually admitting to the world and to posterity that this nation had been guilty of tolerating, if not indeed of positively authorizing, in its Constitution the highest crime of earth o God save us from an admission, which shall serve both to stamp us with infamy and to perpetuate the infamy!

PETERBoro, April 26, 1864.

SOURCES: Octavius Brooks Frothingham, Gerrit Smith: A Biography, p. 260; Gerrit Smith, Speeches and Letters of Gerrit Smith (from January 1863, to January 1864), on the Rebellion,  Volume 2, p. 7-13