Edward Bates to the Whig Committee of New York, February 24, 1859

St. Louis, Feb. 24, 1859.

To Messrs. J. PHILIPS PHOENIX, WILLIS BLACKSTONE, H. M. BININGER, DAVID J. LILET AND H. R. SMITH, Committee, New York.

Sirs: A short time ago I was favored with your note of the 7th inst., covering a resolution of the Committee, to the effect that it is inexpedient at this time further to discuss or agitate the Negro question, but rather to turn the attention of the people to other topics — "topics of general importance, such as our Foreign Relations, including the Extension of Territory; the building of Railroads for National purposes; the improvement of our Harbors, the navigation of our Rivers to facilitate Internal Commerce; the subject of Currency, and a Tariff of Duties, and other means of developing our own internal resources, our home wealth, and binding together by ties of national and fraternal feelings, the various parts and sections of our widely extended Republic."

Your letter, gentlemen, opens a very wide field, in asking for my "opinion upon the subject, and my views as to the signs of the times." Books have been written upon these matters, and speeches delivered by the thousand ; and yet the argument seems as far from being exhausted as it was at the beginning ; and I take it for certain that you do not expect or desire me to discuss at large, all or any of these interminable quarrels. That I have opinions upon all or most of them, is true — not the opinions of this or that party, ready to be abandoned or modified to suit this or that platform, but my own opinions — perhaps the more fixed and harder to be changed because deliberately formed in the retirement of private life, free from the exigencies of official responsibility and from the perturbations of party policy. They are my own opinions, right or wrong.

As to the Negro question — I have always thought, and often declared in speech and in print, that it is a pestilent question, the agitation of which has never done good to any party, section or class, and never can do good, unless it be accounted good to stir up the angry passions of men, and exasperate the unreasoning jealousy of sections, and by those bad means foist some unfit men into office, and keep some fit men out. It is a sensitive question into whose dangerous vortex it is quite possible for good men to be drawn unawares. But when I see a man, at the South or the North, of mature age and some experience, persist in urging the question, after the sorrowful experience of the last few years, I can attribute his conduct to no higher motive than personal ambition or sectional prejudice.

As to the power of the General Government to protect the persons and properties, and advance the interests of the people, by laying taxes, raising armies and navies, building forts and arsenals, light houses, moles, and breakwaters, surveying the coasts and adjacent seas, improving rivers, lakes, and harbors, and making roads — I should be very sorry to doubt the existence of the power, or the duty to exercise it, whenever the constituted authorities have the means in their hands, and are convinced that its exercise is necessary to protect the country and advance the prosperity of the people.

In my own opinion, a government that has no power to protect the harbors of its country against winds and waves and human enemies, nor its rivers against snags, sands and rocks, nor to build roads for the transportation of its armies and its mails and the commerce of its people, is a poor, impotent government, and not at all such a government as our fathers thought they had made when they produced the Constitution which was greeted by intelligent men everywhere with admiration and gratitude as a government free enough for all the ends of legal liberty and strong enough for all the purposes of national and individual protection. A free people, if it be wise, will make a good constitution; but a constitution, however good in itself, did never make a free people. The people do not derive their rights from the government, but the government derives its powers from the people; and those powers are granted for the main, if not the only, purpose of protecting the rights of the people. Protection, then, if not the sole, is the chief end of government.

And it is for the governing power to judge, in every instance, what kind and what degree of protection is needful — whether a Navy to guard our commerce all around the world, or an Army to defend the country against armed invasion from without, or domestic insurrection from within; or a Tariff, to protect our home industry against the dangerous obtrusion of foreign labor and capital.

Of the existence of the power and duty of the Government to protect the People in their persons, their property, their industry and their locomotion, I have no doubt; but the time, the mode and the measure of protection, being always questions of policy and prudence, must of necessity be left to the wisdom and patriotism of those whose duty it is to make laws for the good government of the country. And with them I freely leave it, as the safest, and indeed the only, constitutional depository of the power.

As to our Foreign Policy generally, I have but little to say. I am not much of a progressive, and am content to leave it where Washington [Jefferson] placed it, upon that wise, virtuous, safe maxim — "Peace [. . .] with all nations; entangling alliance[s] with none." The greedy and indiscriminate appetite for foreign acquisition, which makes us covet our neighbor's lands, and devise cunning schemes to get them, has little of my sympathy. I view it as a sort of political gluttony, as dangerous to our body politic as gluttony is to the natural man — producing disease certainly, hastening death, probably. Those of our politicians who are afflicted with this morbid appetite are wont to cite the purchase of Louisiana and Florida, as giving countenance to their inordinate desires. But the cases are wholly unlike in almost every particular. Louisiana was indispensable to our full and safe enjoyment of an immense region which was already owned, and its acquisition gave us the unquestioned control of that noble system of Mississippi waters, which nature seems to have made to be one and indivisible, and rounded off the map of the nation into one uniform and compacted whole. Nothing remained to mar and disfigure our national plat, but Florida, and that was desirable, less for its intrinsic value, than because it would form a dangerous means of annoyance, in case of war with a Maritime Power, surrounded as it is, on three sides by the ocean, and touching three of our present States, with no barrier between. The population of Louisiana and Florida, when acquired, was very small compared with the largeness of the territory; and, lying in contact with the States, was easily and quickly absorbed into and assimilated with the mass of our people. Those countries were acquired, moreover, in the most peaceful and friendly manner, and for a satisfactory consideration.

Now, without any right or any necessity, it is hard to tell what we do not claim in all the continent south of us, and the adjacent islands. Cuba is to be the first fruit of our grasping enterprise, and that is to be gotten at all hazards, by peaceful purchase if we can, by war and conquest if we must.² But Cuba is only an outpost to the Empire of Islands and continental countries that are to follow. A leading Senator³ has lately declared (in debate on the Thirty Million bill⁴) that we must not only have Cuba, but all the islands from Cape Florida to the Spanish Main, so as to surround the Gulf of Mexico and Caribbean Sea, and make them our "mare clausum" like the Mediterranean, in old times, when the Roman Emperor ruled both its shores, from the pillars of Hercules to the Hellespont.⁵ This claim of mare nostrum implies, of course, that we must own the continent that bounds our sea on the west, as well as the string of islands that inclose it on the east — that is, Mexico, Central America, and all South America, so far south at least as the Orinoco.⁶ In that wide compass of sea and land there are a good many native governments, and provinces belonging to the strongest maritime powers, and a narrow continental isthmus which we ourselves, as well as England and France, are wont to call the highway of nations. To fulfill the grand conception, and perfect our tropical empire, we must buy or conquer all these torrid countries, and their mongrel populations. As to buying them, it strikes me that we had better waite [sic] awhile, at least until the Government has ceased to borrow money to pay its current expenses. And as to conquering them, perhaps it would be prudent to pause and make some estimate of costs and contingencies, before we rush into war with all maritime Europe and half America.

I am not one of those who believe that the United States is not an independent and safe nation, because Cuba is not a part of it. On the contrary, I believe that we are quite capable of self-defense, even if the "Queen of the Antilles" were a province of England, France or Russia; and surely, while it remains an appendage of a comparatively feeble nation, Cuba has much more cause to fear us than we have to fear Cuba. In fact, gentlemen, I cannot help doubting the honesty of the cowardly argument by which we are urged to rob poor old Spain of this last remnant of her Western empire, for fear that she might use it to rob us.

But suppose we could get, honestly and peaceably, the whole of the country — continental and insular — from the Rio Grande to the Orinoco, and from Trinidad to Cuba, and thus establish our mare clausum, and shut the gate of the world across the Isthmus, can we govern them wisely and well? For the last few years, in the attempt to govern our home Territories of Kansas and Utah, we have not very well maintained the dignity and justice of the nation, nor secured the peace and prosperity of the subject people.⁷ Can we hope to do better with the various mixed races of Mexico, Central and South America, and the West India Islands? Some of those countries have been trying for fifty years to establish republican governments on our model, but in every instance have miserably failed; and yet, there was no obstacle to complete success but their own inaptitude.

For my part, I should be grieved to see my country become, like Rome, a conquering and dominant nation; for I think there are few or no examples in history, of Governments whose chief objects were glory and power, which did ever secure the happiness and prosperity of their own people. Such Governments may grow great and famous, and advance a few of their citizens to wealth and nobility; but the price of their grandeur is the personal independence and individual freedom of their people. Still less am I inclined to see absorbed into our system, "on an equal footing with the original States," the various and mixed races (amounting to I know not how many millions) which inhabit the continent and islands south of our present border. I am not willing to inoculate our body politic with the virus of their diseases, political and social — diseases which, with them, are chronic and hereditary, and with us could hardly fail to produce corruption in the head and weakness in the members.

Our own country, as it is, in position, form and size, is a wonder which proclaims a wisdom above the wit of man. Large enough for our posterity, for centuries to come: All in the temperate zone, and therefore capable of a homogeneous population, yet so diversified in climates and soils, as to produce everything that is necessary to the comfort and wealth of a great people: Bounded east and west by great oceans, and bisected in the middle by a mighty river, which drains and fructifies the continent, and binds together the most southern and northern portions of our land by a bond stronger than iron. Beside all this, it is new and growing — the strongest on the continent, with no neighbor whose power it fears, or of whose ambition it has cause to be jealous. Surely such a country is great enough and good enough for all the ends of honest ambition and virtuous power.

It seems to me that an efficient home-loving Government, moderate and economical in its administration, peaceful in its objects, and just to all nations, need have no fear of invasion at home, or serious aggression abroad. The nations of Europe have to stand continually in defense of their existence; but the conquest of our county by a foreign power is simply impossible, and no nation is so absurd as to entertain the thought. We may conquer ourselves by local strifes and sectional animosities; and when, by our folly and wickedness, we have accomplished that great calamity, there will be none to pity us for the consequences of so great a crime.

If our Government would devote all its energies to the promotion of peace and friendship with all foreign countries, the advancement of Commerce, the increase of Agriculture, the growth and stability of Manufactures, and the cheapening, quickening and securing the internal trade and travel of our country ; in short, if it would devote itself in earnest to the establishment of a wise and steady policy of internal government, I think we should witness a growth and consolidation of wealth and comfort and power for good, which cannot be reasonably hoped for from a fluctuating policy, always watching for the turns of good fortune, or from a grasping ambition to seize new territories, which are hard to get and harder to govern.

The present position of the Administration is a sorrowful commentary upon the broad democracy of its professions. In theory, the people have the right and ability to do anything; in practice, we are verging rapidly to the One-Man power.

The President, the ostensible head of the National Democrats, is eagerly striving to concentrate power in his own hands, and thus to set aside both the People and their Representatives in the actual affairs of government. Having emptied the Treasury, which he found full, and living precariously upon borrowed money, he now demands of Congress to entrust to his unchecked discretion the War power, the Purse and the Sword. First, he asks Congress to authorize him, by statute, to use the Army to take military possession of the Northern Mexico, and hold it under his protectorate, and as a security for debts due to our citizens⁸ — civil possession would not answer, for that might expose him, as in the case of Kansas, to be annoyed by a factious Congress and a rebellious Territorial Legislature.

Secondly: Not content with this, he demands the discretionary power to use the Army and Navy in the South, also in blockading the coast and marching his troops into the interior of Mexico and New Granada, to protect our citizens against all evil-doers along the transit routes of Tehuantepec and Panama.⁹ And he and his supporters in Congress claim this enormous power upon the ground that, in this particular at least, he ought to be the equal of the greatest monarch of Europe. They forget that our fathers limited the power of the President by design, and for the reason that they had found out by sad experience that the monarchs of Europe were too strong for freedom.

Third: In strict pursuance of this doctrine, first publicly announced from Ostend,¹⁰ he demands of Congress to hand over to him thirty millions of dollars to be used at his discretion, to facilitate his acquisition of Cuba.¹¹ Facilitate how ? Perhaps it might be imprudent to tell.

Add to all this, the fact (as yet unexplained) that one of the largest naval armaments which ever sailed from our coast is now operating in South America, ostensibly against a poor little republic far up the Plate River,¹² to settle some little quarrel between the two Presidents.¹³ If Congress had been polite enough to grant the President's demand of the sword and the purse against Mexico, Central America and Cuba, this navy, its duty done at the south, might be made, on its way home, to arrive in the Gulf very opportunely, to aid the " Commander-in-Chief " in the acquisition of some very valuable territory.

I allude to these facts with no malice against Mr. Buchanan, but as evidences of the dangerous change which is now obviously sought to be made in the practical working of the Government — the concentration of power in the hands of the President, and the dangerous policy, now almost established, of looking abroad for temporary glory and aggrandizement, instead of looking at home, for all the purposes of good government — peaceable, moderate, economical, protecting all interests alike, and by a fixed policy, calling into safe exercise all the talents and industry of our people, and thus steadily advancing our country in everything which can make a nation great, happy, and permanent.

The rapid increase of the Public Expenditures (and that, too, under the management of statesmen professing to be peculiarly economical) is an alarming sign of corruption and decay.

That increase bears no fair proportion to the growth and expansion of the country, but looks rather like wanton waste or criminal negligence. The ordinary objects of great expense are not materially augmented — the Army and Navy remain on a low peace establishment— the military defenses are little, if at all, enlarged — the improvement of Harbors, Lakes and Rivers is abandoned, and the Pacific Railroad is not only not begun but its very location is scrambled for by angry sections, which succeed in nothing but mutual defeat. In short, the money to an enormous amount (I am told at the rate of $80,000,000 to $100,000,000 a year) is gone, and we have little or nothing to show for it. In profound peace with foreign nations, and surrounded with the proofs of National growth and individual prosperity, the Treasury, by less than two years of mismanagement, is made bankrupt, and the Government itself is living from hand to mouth, on bills of credit and borrowed money!

This humiliating state of things could hardly happen if men in power were both honest and wise. The Democratic economists in Congress confess that they have recklessly wasted the Public Revenue; they confess it by refusing to raise the Tariff to meet the present exigency, and by insisting that they can replenish the exhausted Treasury and support the Government, in credit and efficiency, by simply striking off their former extravagances.

An illustrious predecessor of the President is reported to have declared "that those who live on borrowed money ought to break." I do not concur in that harsh saying; yet I am clearly of opinion that the Government, in common prudence (to say nothing of pride and dignity), ought to reserve its credit for great transactions and unforeseen emergencies. In common times of peace, it ought always to have an established revenue, equal, at least, to its current expenses. And that revenue ought to be so levied as to foster and protect the Industry of the country employed in our most necessary and important manufactures.

Gentlemen, I cannot touch upon all the topics alluded to in your letter and resolution. I ought rather to beg your pardon for the prolixity of this answer. I speak for no party, because the only party I ever belonged to has ceased to exist as an organized and militant body.

And I speak for no man but myself.

I am fully aware that my opinions and views of public policy are of no importance to anybody but me, and there is good reason to fear that some of them are so antiquated and out of fashion as to make it very improbable that they will ever again be put to the test of actual practice.

Most respectfully,

EDWARD BATES.

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² This was the substance of the Ostend Manifesto which Buchanan as Minister to Great Britain had joined Ministers John Y. Mason and Pierre Soulé in promulgating. As Secretary of State under President Polk, Buchanan had tried to buy Cuba. In his second, third, and fourth annual messages he urged Congress to cooperate with him in securing it by negotiation.

³ Robert Toombs of Georgia: Whig state legislator, 1837-1840, 1841-1844; states' rights Democratic congressman, 1845-1853; U. S. senator, 1853-1861. He was later a leader in the Georgia Secession Convention, and congressman, brigadier-general, and secretary of State under the Confederacy.

⁴ January, 1859, Senate Reports, 35 Cong., 2 Sess., ser. no. 994, doc. no. 351. The bill purposed to appropriate $30,000,000 "to facilitate the acquisition of Cuba by negotiation." Senator Slidell (infra, Nov. 24, 1859, note 89) introduced it on January 10. 1859 (Cong. Globe, 35 Cong., 2 Sess., 277) ; it was reported favorably by the Committee on Foreign Relations of which he was chairman, on January 24, 1859 (ibid., 35 Cong., 2 Sess., 538) ; it was debated at great length on January 24, February 9-10, February 15—17, February 21, and February 25 (ibid., 35 Cong., 2 Sess., 538-544, 904-909, 934-940, 960968, 1038, Appendix [155-169], 1058-1063, 1079-1087, 1179-1192, 1326-1363) ; but because of opposition, it was withdrawn on February 26 (ibid., 35 Cong., 2 Sess., 13S51387). At the next session, on December 8, 1859, Senator Slidell reintroduced this bill (ibid., 36 Cong., 1 Sess., 53), had it referred to the Committee on Foreign Relations on December 21 (ibid., 36 Cong., 1 Sess., 199), reported it out favorably to the Senate on May 30, 1860, but because of opposition did not push it (ibid., 36 Cong., 1 Sess., 2456). He promised to call it up again at the next session, but when that time arrived was too busy seceding to bother about Cuba.

⁵ On January 24, Toombs had said, "Cuba has fine ports, and with her acquisition, we can make first the Gulf of Mexico, and then the Caribbean Sea, a mare clausum. Probably younger men than you or I will live to see the day when no flag shall float there except by permission of the United States of America . . . that development, that progress throughout the tropics [is] the true, fixed unalterable policy of the nation." Ibid., 35 Cong., 2 Sess., 543.

⁶ I. e., as far as Venezuela.

⁷ Bitterness over the slavery question had reached the point of armed conflict, raids, and murder in Kansas in 1855-1856, and Utah was at this time subject to frequent Indian raids. It was in 1859, too, that the Republicans tried to prohibit polygamy in Utah and the Democrats succeeded, probably with slavery in other territories in mind, in preventing Congressional legislation on the subject.

⁸ Dec. 6, 1858, James D. Richardson, Messages and Papers of the Presidents, V, 514. See infra, Feb. 15, 1860.

⁹ J. D. Richardson, op. cit., V, 516-517.

¹⁰ Supra, April 20, 1859, note 2.

¹¹ J. D. Richardson, op. cit., V, 508-511.

¹² Rio de La Plata in South America.

¹³ An expedition of some 19 ships, 200 guns, and 2.500 men which was sent against Paraguay because a vessel of that nation had fired upon the United States steamer Water Witch. A mere show of force sufficed to secure both an apology and an indemnity on February 10, 1859. The President of Argentina was so interested and so pleased that he presented the commander with a sword.

SOURCE: Howard K. Beale, Editor, Annual Report of The American Historical Association For The Year 1930, Vol. 4, The Diary Of Edward Bates, pp. 1-9

Diary of Gideon Welles: Tuesday, May 8, 1866

The subject of admitting Colorado was to-day before the Cabinet. The bill has passed both houses after having been once rejected. Congress in 1863 authorized the formation of a State constitution, and the people refused to take upon themselves local State government. Subsequently the people formally adopted it by a small majority in a vote of some six thousand, and elected Senators, who are here anxious to get their seats. After the proposition and Senators were rejected, it was ascertained the latter would vote with the Radicals, and that their votes would contribute to overrule and defeat the Executive. This new light led Senators to revise their votes. The Constitution restricts suffrage to the whites, but Senators and others who insist on negro suffrage where the blacks are numerous, and in States where Congress has no right to intervene, voted for Colorado.

Seward, McCulloch, and myself were against admitting the State. She had a population of less than twenty thousand, as claimed by some, and not exceeding thirty or thirty-five thousand, as insisted by the most strenuous for admission. As a principle I have uniformly opposed recognizing and admitting States with a population below the ratio for one Representative. This has always ruled. The slaveholders thrust in Florida and Arkansas as an offset to Free States; and Kansas was authorized under peculiar and extraordinary circumstances to form a constitution with, I think, less than sixty thousand. There was, perhaps, some excuse for admitting and authorizing Colorado to frame a constitution when the difficulties of the country and the attempts of the Rebels to lessen the number of States was before us. But the people then refused self-government.

I therefore had no difficulty in coming to my conclusions on general principles. Stanton thought it might in this instance be well enough to let them in and avoid further trouble. Harlan argued for admission with some ability and tact, but did not meet the great underlying principle. He thought it expedient, and with so much effect as to cause Dennison to doubt, who was at first opposed to the bill. The question was deferred.

The subject of sending naval vessels to attend the laying of the Atlantic telegraph was considered. Seward, Dennison, and Harlan in the affirmative. McCulloch and Stanton opposed. I felt very indifferent; had advised Field to go to Congress. Told him I should not act without authority from Congress or an order from the Executive. Stated to the President that we could, without any difficulty or much additional expense, detail a vessel, Mr. Seward having said we did not require all the four ordered to the fishing-ground. Although my faith in the success of the ocean telegraph is not great, yet, in view of the fact that Congress had once ordered a vessel and of our present ability to spare one, and the further fact that a vessel had been ordered to assist or be present at laying the Russian telegraph, it might be expedient to show a friendly feeling as regards this, and I would assent, though unwilling to advise it.

The President thought it would be well for Congress to take up the subject, or, at all events, that we should delay a day or two before deciding. This I approved as the better course. Stanton, who had seen my previous indifference, immediately slapped me on the shoulder and said I could decide readily with the President. I said I could, for he usually was not far wrong. Stanton was vexed.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 2: April 1, 1864 — December 31, 1866, p. 502-4

Senator David R. Atchison* to Senator Robert M. T. Hunter, March 4, 1855

PLATTE CITY, [Mo.], March 4, 1855.

DEAR HUNTER: The Elections in Kansas came off on the 30th ult, the pro slavery ticket prevailed every where as far as heard from, by overwhelming majorities; we stormed Lawrence or New Boston as it is called; The Abolitionists did "hang their guilty heads," now let the Southern men come on with their slaves 10,000 families can take possession, of and hold every acre of timber in the territory of Kansas, and this secures the prairie. Missouri will furnish 5000 of the 10,000; and the whole State will guarantee protection. We had at least 7,000 men in the territory on the day of the election and one third of them will remain there. We are playing for a mightly stake, if we win we carry slavery to the Pacific Ocean if we fail we lose Missouri Arkansas and Texas and all the territories, the game must be played boldly. I know that the Union as it Exists is in the other scale, but I am willing to take the holyland. You never saw a people better up to the mark than ours. It was hard to get up but now the only difficulty is to keep within bounds. When the returns are all in I will send them to you. You will no doubt see your humble servant held up by the Abolition press as a Bandit, a ruffian, an Aaron Burr, dont believe a word of it. I have saved hundreds of their necks, and kept their cabins from being burnt to the ground; there was not the least disturbance where I was present, and that was on the Nemaha, elsewhere in a few instances the hickory was used upon the most impudent of them.

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* A Senator in Congress from Missouri, 1843-1855.

SOURCE: Charles Henry Ambler, Editor, Annual Report of the American Historical Association for the Year 1916, in Two Volumes, Vol. II, Correspondence of Robert M. T. Hunter (1826-1876), p. 160-1

John L. Dawson* to Senator Robert M. T. Hunter, June 2, 1855

BROWNSVILLE, [PA.], June 2, 1855.

DEAR SIR: I have just received your favour of the 26th ult. Tomorrow morning I leave for Detroit to meet Gov[erno]r Bright by arrangement, and from thence we go to "Superior." I will with pleasure attend to the suggestions contained in your letter, and will write to you from "Superior." I have heard nothing special from there since the adjournment of Congress.

The troubles in Kansas have attracted much attention here and I fear will give trouble in the end The Whigs, or rather the opposition to the democracy, fatten on these difficulties and are determined to make the most out of them. I am glad that you succeeded so well in Virginia, she is a better battle-field than Pennsylvania. With my best wishes for your success.

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* Democratic Representative in Congress from Pennsylvania, 1851-1855, 1863-1867.

SOURCE: Charles Henry Ambler, Editor, Annual Report of the American Historical Association for the Year 1916, in Two Volumes, Vol. II, Correspondence of Robert M. T. Hunter (1826-1876), p. 163-4

Diary of George Mifflin Dallas, April 21, 1858

First at the Botanic Garden, second at Northumberland House, and third at the Prime Minister's. Got myself presented to Pélissier, who immediately asked how the Kansas question stood? With all their affected indifference, these European politicians have a keen eye for American differences! Conversed long with Lord Derby about the leading forms of legislation in the two countries; here, every important measure is matured by and introduced from the government; no standing committees, as we have.

SOURCE: George Mifflin Dallas, Diary of George Mifflin Dallas, While United States Minister to Russia 1837 to 1839, and to England 1856 to 1861, Volume 3, p. 264

H. B., an Old Missionary to John Brown, November 28, 1859

New Haven, Connecticut, Nov. 28.

Dear Sir: Permit a friend of liberty and equitable law to address you a few brief thoughts, which I hope may be acceptable to you and your family. Prayer was yesterday offered for you in a colored congregation in this city, to whom a descendant of Africa, a son of Georgia, a minister of Liberia, and also the writer of this farewell letter, preached the true gospel.

You may be gratified to know that I remember with interest your interview, some two years since, with the cordial friends of Kansas in this city, while that injured territory of our common country was subject to the scorpion lash prepared for the honest advocates of the rights of man, and especially of that freedom which you struggled to establish. These, your New Haven friends, some of whom so ably and so kindly expostulated with our Chief Magistrate in reference to the wrongs of Kansas, remember you with Christian sympathy in your present sufferings.

Take it to your heart that a God of Justice and of Mercy rules, and the Deliverer of Israel from their bondage in Goshen, has mercy in store for a greater number of bondmen and bondwomen, truly as wrongfully oppressed. He has not granted you the full measure of your wishes, but he has allowed you the opportunity of conspicuously and emphatically showing your sympathy for the injured Slave population of our otherwise happy country, and of preaching the duty of giving "them that which is just and equal."

Forty years ago I went among the savages of Polynesia, and preached the gospel of Him whose office it was to proclaim liberty to captives. I plainly taught kings and queens, chiefs and warriors, that He that ruleth men must be just, ruling in the fear of God. I freely exhibited the opposition of God's law and our Saviour's gospel to oppression and every sin found to be prevailing there, and aided my associates in giving them the entire Bible in their own language, and in teaching their tribes to read it and use it freely in all the ranks of life.

Though I labored with them a score of years, and have corresponded with them a score of years more, I have not, lest I should damage my mission, ever told them that I belonged to a nation that deprives three or four millions of their fellow-subjects of Jehovah's Government, of their dearest rights which God has given them one of which is the free use of his own Holy Book.

But when the story of your execution shall reach and surprise them, I will no longer hesitate to speak to my friends there of your sympathy for four millions of the inhabitants of our Southern States, held in unchristian bonds in the only Protestant country on the globe that endorses Slavery.

I can, next week, well afford to endeavor to give them an echo of that protest against the whole system of American Slavery, which on and from the day of your execution, will be louder in the ear of High Heaven than its abettors have been accustomed to hear; rising from the millions of freemen in this noble cordon of Free States, and other millions of now slaveholding freemen, and some slaveholders themselves, in the Slave States.

Have you a kind message to send to the Christian converts at the Sandwich Islands, or to the heathen of Micronesia, a month's sail beyond, where my son and daughter are laboring to give them the Bible and the richest blessings of Christianity? I would gladly forward it to them if you have time to write it.

And now, dear sir, trust in your gracious Saviour; forgive those that have trespassed against you; leave your fatherless children, God will provide for them, and tell your widow to trust in Him, in His holy habitation. "The hairs of your head are all numbered," and not one "shall fall to the ground without your Heavenly Father." Should a lock of your hair fall into my lap before the execution shall help you to shake the pillars of the idol's temple, it would be valued. The Lord bless you, and make your life and death a blessing to the oppressed and their oppressors. Farewell!

Yours faithfully,

H. B.

SOURCE: James Redpath, Editor, Echoes of Harper’s Ferry, p. 403-5

Dr. Seth Rogers to his daughter Dolly, February 25, 1863

February 25, 1863.

This afternoon our regiment was reviewed by Gen. Saxton in the presence of Gen. Hunter. The staff and body guards of these two Generals made about a hundred horsemen. I quite enjoyed the bugle notes as they gallopped into camp and thought how much more exciting a cavalry regiment must be than infantry. In the course of the battalion drill our boys were ordered to make a charge toward them and I verily believe that if the Col. had not been in front, the order "Halt," would have passed unheeded till the cavalry had scattered over the field.

All this evening I have been squeezing Kansas history out of Col. Montgomery, a history with which he himself is so completely identified that I have really been listening to a wonderful autobiography. Col. M. is a born pioneer. Ashtabula County, Ohio, is his native place. Forty-nine years ago, Joshua R. Giddings and Ben Wade were young men and Montgomery in his boyhood was accustomed to hear their early pleadings at the bar. So you see how birth and early surroundings fitted him for a fiercer frontier life. New England life seems puny beside the lusty life born on the frontier. Of the Colonel's eight children two of his sons are to hold commissions in his regiment. They are young but as “they don't know the meaning of fear,” and hate slavery he is sure they will get on. In medicine he has a weakness for pellets instead of pills. It is humiliating that our two strong colonels should exhibit such weak points. So long as we remain in good health I don't know but this foible of homoeopathy is as harmless as any of the popular vagaries. . . .

Yesterday Mingo Leighton died. Many weeks ago, I saw him step out of the ranks one day when upon the double-quick and discovered that he had slight disease of the heart. He was a noble fellow, black as midnight, who had suffered in the stocks and under the lash of a savage master, and did not accept any offer of discharge papers. Later he realized some of his hopes up the St. Mary's, so that he was very quiet under his fatal congestion of the lungs. He was ill but a few hours and was very calm when he told me on my first visit that his work was finished. He never gave me his history, though he regarded me as his friend, but one of his comrades confirmed my convictions of his worth. This same comrade, John Quincy, a good old man, who for eight years, paid his master twenty dollars per month for his time and eight dollars per month apiece for mules, and boarded himself and animals, this man told me that Mingo was deeply religious, but said little about it, and that he himself had been "trabblin by dis truth sometin' like twenty-five year." I have rarely met a man whose trust in God has seemed to me more immediate and constant.

SOURCE: Proceedings of the Massachusetts Historical Society, Volume 43, October, 1909—June, 1910: February 1910. p. 367-8

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