OCR Interpretation

The Kansas herald of freedom. (Wakarusa, Kan. Territory) 1854-1860, October 21, 1854, Image 4

Image and text provided by Kansas State Historical Society; Topeka, KS

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn82006863/1854-10-21/ed-1/seq-4/

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$oetilj fohjijc Jiiijes.
Ssrs&r ye new, O, ray Brothers!
l-o I the Land of ihe .West twhcre the Free
.' man shaft rLe.
in the pride of hi birth, with hi standard on
.- high, '
And shall point to the East, where the flash of
, . the ?kis
Gi76j the promise of Freedom that never
st all d.e !
And theton as h wheel in his rhartot of day,
Jahati cenrey from the Last, and the token of
the North,
In the flash f hi tfim, and the light of his
.. , . . .
nosy tows oi m r reemen mat utter mem
ShaT thse plain mvr-ounl -ich ih rtv tf
the Javf '
hall lhM V 4 It-
rwr moan oYr l.a'"l
Sit. I hftili ?
HUk' thi Katies h"iT .fown witii i
w!th to
lb ffrari.
Reddened drops of iiu- hLai vrung 'in an-
guwh sud p.un ?
Say, oh Freeman! ran-:! tlioti in the Villeys
To the boud, and the ladi. and ih ni'ht of
To the grave of the soul, and ih. beau's ray- ; 'g l'' iUa!itirit ior.s of voter-', as Iierein
le? tomb. ' ."jfier piwctild, wlive term of senkv
Ctfuntlsw;ntoDgi that ihsil toll itrthir mi - 0)J, ;,,.. iva Veais. The house of
; repreinlntives : nrni, at its lir. t sefston,
Lfet the Southicn go hsk with hn Vhirahi. ' ;V5, .U of tWr-nty m nifinbets, iHtx!iii'
eUm ! ; ... . . . 'i v
Shali the Frmsn yirlj up nhaii )
hf ftikO '
, ,
L&t thd Evergloies ne'caino
Wh.le Freedom ihV.i;id; '.f viviittt fhal!
Thar is land enough n. w wiih the enr-: cf
Ar.dihe day rhall s,uv v. hen that, im, thai
he free
Stand ye fir to. Freeman a)) '. ye hal! now dig
the graire
Where the .hackh, and ch&in, and the fet
ter thall h..
Ef the tow that was awcrn on the altars of old.
Where our fathers, stood up an t appealod t
their God ;
fir the blood that wa. she t, rif her far than the
That a'iurr". t.) the .'. ! where the Indian lir-
By the free air re breath, and the .'tl that we
And the hopes spr.nin forth of the depths
of the soul i
By theEJOHTsor allmek hy the Ruler ahove,
Net s slave shall b found where the Kansas
doedioti '
" eihhn'l' mV "e" T0W
it i. Freedom that calls you from sleeping
td-day! '
If y cait yea l.ke men. re ahall cchothoPonjr,
6'er the hills and the vales, in yoar glorious
aim ma avo ctiau tiio until tu cu ruiuiir ui
, i i.ii v: ,i.
l,oj,0 .
And the land ehail bring forth of her treas-
area of peace,
Whi,efm7hni."Ped Slrean" ISap,"n? dwn Uame time declare the numWr of mem
Of the mountains of gold shall the riches in- j of thf council and house of fepresen
crease. j tatives to which each of the counties or
i , , -1 district shall lie entitled under this act.
Y ,nl'( j The persons "having the highest number
if-JlSiqliVC j of legal votes in each of said council dh-
J tricts for member? of tlie council shall le
Territorial Organisation cf Kanaas. j declared by the governor to he duly elect -
We give below that portion of the Act M t,t.hf connoiI 'an'1 'T3 Um'"F
fit . i i . . t' the highest number of legal voters for
of May 30th, 18d1, wh.ch relates to Kan- j ftf r,rirn(ai;v?ha U ,1t..
Ras. The eighteen preceding sections are j 0jr,r(ij ly tie gov rnor to be duly electe,!
duplicates of those which follow, with J members of sail house: Pro vided, That
the exception that they relate exchj: ivelr I 'n two or more pej sons v..ted for .-hall
to Nebraska. Wo have italicised those ! have au ft,ll,al nmlr f'0.ot' "I'1 i.n
. . ,-, - . ! case a vacancy 5-hall otherwi-e CMV-.ir in ei-
eertioia of the Act which reters to slavery. jther tranch of tbe legislative as.semlly,
It it headed, the governor shall cb?r a new elect ion ;
AX ACT to organize the Territories of and the person thus elected to the legisla
A'ey ru'i Kansas. tive assembly shall meet at such place and
1 9. An fl it further ennrted. t
Tha; all tliat jart of the territory of the but thereafter, the time, place, and mau
Unite.! States iucluded within the follow-' ner of holding and conducting ail flee
ing limit, except such portions thereof as i
are hereinafter expressly exempted from
the operations of this act, to wit: begin
ning at h point on the western boundary
of ihe State of Missouri, where the thirty
neventli parallel of north latitude crosses
the came; thence west on said parallel to
the eastern boundary of New Mexico; -
thence north on said boundary to latitude
thirty-eight ; thence following said loutid
ary of the Territory of Utah, on the sum
mit of the Rocky Mountains; thence
northward ou said summit to the fortieth
parallel of latitude; thence east on said
parallel to the western bouudary of the
State of Missouri ; thence south with the
western boundary of said State to the
place of beginniug, be, and the same is here
by create! into a temporary government by
the name of the" Territory-'' of Ivan.sas,
and when admitted a? a St.i.'e or' States,
. the said Ttrritor, or unit portion f
the same, shali be received into the Union !
with or without slavery, as their cetisti
tutions mat prescribe at The time of their
almtision: 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 f uch manner
and at such times as Congress shall deem
convetiiaat and proper, or from attachiug
any portion of said Territory to any oth
er State or Territory of the United States :
Provided further. That nothing in this
act contained shall be construed to impair
the rights of persons or property now
pertaining to the Indians in -aid Territory,
so long as such right shall remain unex
tinguished by treaty between the. United
States and euch Indians, or to include
any territoriea which by tteaty with auy
Indian tribe i not, without the consent of
said, tribe to b included within the terri
torial limits or jurisdiction of any State or
r2$rrthaf all such territory shall be
epteu out of the boundaries, and con
stitute no part of the Territory of Kansas,
until such tribe shall signify their assent
to the President of the United States to
b included within tha said Territory of
Saaaaa, or to affect the authority of the
government cf 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 nerer paxd.'
Ssc. 20. And be it further enacted,
That the executive power and authorit y j house shall agree to pass the bilk it shali
ia and over said Territory of Kansas shall j be sent, together with the objections, to the
be rested la . a governor, who shall hold ! other house, by which it shall likewise be
his oSce for five years, and until hi sue- j reconsidered, and if --approved by two
cessor shall be appointed and qualified, ud- i thirds of that house it shall become a law.
less sooner removed by the President of But in all such cases the votes of both
the United Suites. The governor shall re
side within said Territory, ' and shall be
commander-in-chief of the militia thereof.
He may grant pardons and respites for of
fences against the law3 of said Territory,
and repieve for offences against the laws
of the United States, until the decision of
the President can be made known thereon ;
- he shall commission alt Officers who shall
be Appointed to office. under the laws of
the jraid Territory, and shall take care that
the law be filthfallyLexecuteo. ,'; s ; ' ; " '
Ssc. 21. And' bU further enacted.
That there shall be ;a secretary , of said
Territory, who shall reside t&erela, 'and
hold his ofilce for five years, unless sooner
removed ft the President of the United
States; he-shalb record and preserve all
the bws and proceedings of the legislative !
assembly hereinafter constituted and all
the acts and proceedings of the governor
in hisexeeutive department; he shall traits
mit one copy of the laws and journ
als of
the legislative assembly within thirty day?
inn- tiifl lnlsr tr. u,h
year, to the President of the luitvd
States.and two copiesnf the law? to the
President of the Senate and to ll.. Sneaker
of tho House of Representatives, to
It i . i -t it
j here
rmvarnnr liimnnr siifh vnMncr
' .1 . . .. .1 1.
j , . . , , ..c , I ,
' v apjitit-I and 'ptahneit to fill snch
'iic', or uniu anoiner trovfrnor snail
Ski-, 22. And be it further enaelcd,
That thf .gid:iiiv pt.ttfr'aiid authority
of said Teriit'rv shall le vested in the
gowjiKir and a legislative assembly. The
lrgi.l:tive awmMy. shall consist ofacuiin
i il and hotisr. i( representative. The i-.im-
.-hall !i-i-.t of thirtefti meimVrs hav-
! in :-uui' iiii:jHi-.iU'ii.. as ori'scumi lor
I iiir-njl-r;
.f the eouncil, and whose term
alter the enl of cacti session, anil one j legislative assemMv; and shall lav on tne ; supreme, couit. oi tne uniteti states, inarseu uuwwiw. hmu -uiu . -i. iwuun wi -io .ii
copy of the executive proceedings and cf j tlie' ttAces?ary districts for niembeV of the j support the constitution of the United thirty.! in. each township in said Teni- j to register all claim? arwl other necessary
ficial correspondence semi-annnallv, on the coun.-;! and house of repreentati. and States, and faithfully to discharge, the do- i lory shall be, md the same are hereby, rerj matter, act m Secretary at all meetings of
tirst davs ol Jan
enoyiea in tne iiorancs oi congre5; ani : a.arv or cmoniruenis oi n uijn Fiiau nave , iarv ajuuiir iue fs.m? pnjtvungs; i -tii. uum "iwini j.n..... ..i -. .. v f r.. .
in rase oi me aeaiD, removal, resiernauon, j incrcasea wniie ue uas a meiutier, uurmg rtni ihrvuki j(tMij auu juni nu g:iui vi i .uiuwi iuj u uroi, ..v t..v., ..,...
oralnenceof the governor from the Ter-'theterm for which he vss elected, and and all other civil officer iu said Territory, the judicial necessity may dictate. The
ritorv. tli? secretary-shall be, and he is for one rear after the expiration of .such ' before thev act as suck shall take a like j araiem thejodges who may le . sppointeJ Association to ais in execntinsr the same. hew vomers or their taiml.ee may.thna he
? authorized and leouired toexecute ! term, but this restriction shall not be an-: oath or affirmation More the said govern-i tor said Territory to the several districts: j AH. Ihe limits ot this Association provided lor m tne r.fe.ssaiT interval wiucu
d tvrform all the powers and duties of ! plicable to members of the first legi-la-! or or secretary, or some nidsje or justice and also appoint the time and places tor shall be the water ot the akaiusa and jeiajise wuik- iney are making ineirseiec
. mnur ihirin noh mmtmt or ir nvinblr r nd ' no Trv.n hol.Iinor a J of the nesre A the Territorr. w ho mar holding courts in the several counties or Kans85 Rtrers, and; the territory between turn of & location. .
iha df j ih ofihejof set tice shall continue one year. The
minuter ot tit-o ntativesmav te moiea-
d by thu legislative a:.Nembly, ftom time
j to time, in propntion to the increa.e of
j .lualilied loters: Provided That the
rJl0)e llUI!lIr shall never ev.-d thirtv-
nine. An appointment t-hall be made, a:-
fieaily equal as ptaciicable, ainongthe sev-.-ral
counties or districts for the election of
the council and representatives, giving
each section of the Territory representation
in the ratio of in qualified voters as near
ly as may be. And the members of the
council anil the house of representatives
shall reside in, and le inhabitants, of, the
district or county or counties, for which
they may be elected, respectively. Pre
vious to the election, the governor shall
cause a census, or enumeration of the in
habitants and qualified voters of the sev-1
end counties and districts of the Territory,
to be taken by such persons and in such ,
,n(le the governor shall designate and
I aPP?int ? anJ the person so appointed shall
! receive a reasonable compensation there-
j for. And the firt election shall fie held
! at sucn time and places, and be conducted ;
! v. i . .1. .
f . ... . . ...
j iii fucu maimer, iaiu a-i 10 uie ih-"ioii:-
; noo miuii anperiiiieua sucu eieeitou ami
J the returns, thereof, as the governor shall
annoinr ami 1ircf nnH h stmll si tli,
on such day as the governor shall appoint ;
tioni by the people, and the apportioning
the representation in the several counties
or districts to the council and house of rep
resentatives, according to 'the' number of
qualified voters, shall be prescribed by law,
a well as the day of the commencement
of the regular sessions of the legislative
assembly ; Prodded, That no session in
any one year shall exceed the term of for
ty days, except the first session, which may
continue sixty days.
Sec. 23. And be it further enacted,
That every free white male inhabitant
aliove the age of twenty-one years who
shall be an actual resident of said territo
ry,:md shall possess the ijualitications here
inafter preserilted, shall be entitled to vote
at the first, election, and shall lie eligible
to any office within the said Territory ;
but the oualillcati.tn of voters and of
holding office, at all subsequent elections,
hall be such as shall be presenile I by th:
Legislative assembly ; Provided, That the
right of sufferage and of holding office
shall lie exercised only by citizens of the
United States and those who shall have
declared ou oath their intention to become
such, aud Khali have taken an oath tosup
oit the Constitution of the United
States, and the provisions of this act:
And provided further, That uo officer,
soldier, seamen, or marine, or other petson
in the army or navy of the United States
or attached to troop in the service of the
United States, 'shall lie allowed to vote or
hold office in said territory, by reason of
being on sei vice 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 imjiosed upou the
property of the United States; nor shall
the lands or other property of non-residents
lie taxed higher than the property
of residents. Every bill which shall have
passed the council and boose of represent
atives of the said Territory shall, before it
becomes a law be presented to the govern
or 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 shall have originated, who shall
enter the objections at large on their jour
nal, and proceed b reconsider it If af
ter such reconskleration, two-third of that
j houses shall be determined by vea ' and
nays. tole 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 bo a law in like manner as if he had
signed it," unless the assembly by adjourh-i
raent, prevent its return, in which case it
shall net be a law. - -
Sec. 25. And be it further enacted,
That all township, district; and county of
ficers, not herein ohorwi?e provided for,
shall be appointed or elected, as the case
may be, ia such manner as shall be pro
vided for 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 legis
lative council, appoint all officers not here
in otherwise provided for; and in the first
i instanep the governor alone, may appoint
all said officers, who hail hold their cm-
ces until the end of the firii f.
ion of the!
ll dl l.r nttr-r;
too. 2C. .And le t further enacted,
iThal no member the letr'isLitive as:m-
i blf --hall hold, wb tinpokt) to anv of-
l hVe which shall have bec-u created, or the
. f i i i r i l ilt
person, tiohting
j commission or appointment under the
United States except post-masters, shall
le a member of the legislative assembly,
or shall hold any office under the govern
ment of said Territory.
Sec. 27. And le it further enacted.
That the judicial power of said Territory
hhall be vested in a supreme court, dis
trict courts, probate courts and justices of
the peace. The supreme court shall con--it
of a chief justice and two associate
justices, any two of whom shall consti
tute a quorutn,andwhhall hold a term at
the seat of government of ?aid Territory
annually, nnd tlu-v .hall hold their ohVes
during the period of four 'ears, and until
their '.uccesoM t-ball Ite apjviinted and
qualified. The said Territory shall be
divided into three judicial district:', and a
f district cotnt shall le held in each of said
districts by one of the justices of the su
preme court, at such times and places a
may be pwcribed bylaw; and tho said
judges shall, after their apjtoiutments, re
spectfully reside iu the districts which
hall be assigned them. The jurisdiction
of the several courts herein provided for,
both appealate and original, and that ol
the probate courts, and of justices of the
peaee, shall lie. as limited by law: Pro
vided, That justices of the jteace shall not
have jurisdiction of any matter in contro
versy when the title or boundaries of land
may be in dispute, or when the debt' or
sum claimed shall exceed one hundred
lollars; and the said supreme and district
courts, respectively, shall possess chancery
as well as common law jurisdiction. Each
district court, cr the judge thereof, shall
appoint its clerk, who .shall al?o be the
tegister in chancet y, and shall keep hi3 of
fice at the place where the court may be
held. Writs ot error, bills ot exception.
d appeal shall bellowed in eases from j
iii.,. ci i , t :i i ....
me iiiiai ueeisiou! ui baiu uimrici couiim to
the supreme court, under such regulations
as may lie prescribed by law; but in no
case removed to the supreme court shall
trial by jury lie 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 ap
pointed. Writs of error and appeals from
the final decision of said supreme court,
shall 1-e allowed, and may te taken to the
supreme court ot the United .States, where
Ihe talue cf the property, or the amount
in controversy, to lie a'-ccrtained by the
oath or affirmation of either party, or
other competent witner, -hall exceed one
thousand dollars; except only that?. (
coxes int'oli'iiti) title to sat'e, ihe said
writs of error or npiieaU tdiall be allowed
and decided by
the e-aid supreme court,
without tegard to the value. ..t the matter, j
property, or title in controversy ; an
d ex- j
cept also tnat a writ ot eiror or ar
shall al.-o )-e allowed to tin- suprcine cout j
ct the Lnited Staler titun the decision otj niory if; hereby located temporarily at
he said supreme court created by this act, Fort Lei yen worth; and that fuch por
or of any judge thereof, or of the district j lions of the public buildings as may not
courts created bv this act, or of any be actually used and needed for military
I judge thereof, upon any -writ ol habeas
corpus, involving the question of personal j
freedom: Prorated, 1 hat nothing 7 fierem-
after contained shall apply to or effect
the provisions of the "act respecting fugi
tives from justice, and persons escaping
from the service of their masters? approv
ed FeWy tweltlh, seventeen hundred and
ninety-three, and the uact to amend, and
supplementary to the aforesaid act, ap
proved September eighteen hundred and
fifty ; and each of said district courts
t hall have and exercise the same jurisdic
tion in all cases arising under the consti
tution and laws of the United States as-is
vested in the circuit.and district courts of
the United Slates; and the said supreme
and district courts of the aid Territory,
and the respective judges thereof, hall
and may grant writs of halrf-as corpus in
all cases in which the same are granted to
the judges of the United States in in the
District of Columbia; and the first bix
days cf every term of said courts, or so
much thereof as may be necessary, shall
be appropriated to the trial of anises aris
ing under the said constitution and laws,
and writs of error and . appeal in all such
cases shall be made to tho supreme court
of said Territory, the 6ame as in other
cases. The said cieik shall receive the
6ame fees in all such cases which the
clerks of the district courts of Utah terri
tory now receive for similar services.
Sec. 28. And be it further, enacted,
That the provisions of the act entitled
uAn act respecting fugitives frwn justice,
and persons escaping from the service of
their ma$ters"approved February twelfth,
seventeen hundred and ninety-three, and
the provisions of the act entitled uAn act
to amend and supplementary to fie afore
said act? approved September eighteenth,
eighteen hundred and fifty, be and the
same is hereby declared to extend to,', and
to be in full force within the liinit of the
said Territory of Kansas. :
Sfo. '29. And bt it further enacted,
That there shall be appointed an attorney
for said Territory, who shall continue in
office for four yearsand until his successor
shall lie appointed, and qualified, unless
sooner removed by the President and who
shall receive the same fees and salary, as
the attorney of the Unite. 1 States for the
present Territory of Utah, There shall
also be a marshal for thu territory appoint
ed, who shall hold his office forfonr years,
and until his successor be appointed and
qualified, unless sooner removed by the
President, and who shall execute all pro
cesses issuing from the said ecu its when
exercising their jurisdiction as circuit and
district courts cf the Unite! States; . he
fhall perforin the duties, be subject to the
saine regulations and penalties, .and be
entitled to the same fees as the marshal
of the dttrict court of the United States
for, the present territory of Utah, and
shall, iu addition be paid-two hundred
dollars annually as a compensation f ir ex
tra services: -'
' Sec. SO. And be il further enacted,
That the governor, secretary, chief justice
and associate justices, attorney and mar
shal, shall be nominated, and. by and with
the consent and advice of the Senate, ap
pointed 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 admin-
J ister oaths and-affirmation bv the lair
now in force therein, or tetor the cliiet
justice, or sotne a?ieiate justice the
; lliPir rl-H'loe oioces. Hliii U NUil
oat hs, wnen u taken Miail oe ceitme'l nv
the person bv wiom the same .shall hjtvean.1 lt-rritorie riereirtatier U be erected
l-n taken; an.l mch feHitk-ate .all W j out of .the same. . .
'; leceiveJ and records! bv the Rail icre-
i . : . 1 .
peace ot tne territory, wuo may
be duly commissioned and qualified, which
said oath or affirmation shall be certified
and transmitted by the person taking the
same to the secretaiT V be by him re -
corded as aforesaid; and, afterwards, the
. . - . . .
like oath or affirmation shall be t iken,
certified, and recorded, in such manner
and form as may be prescribed by law.
The governor shall receive an annual sal
ary of two thousand five hundred dollars.
The chief justice and associate justices
shall receive an annual salary of twothou
saud dollars. The said salaries shall be
paid quarter-yearly, from the date of the
respective ' appointments, at the treasury
of the United States: but no such pay
ment Khali be made until said officers shall
have entered upon the duties of their re
spective appointments." The members of
the legislative assembly shall be entitled
to receive three dollars each per day dur
ing their attendance at the sessions there
of, and three dollars each for every twenty
miles' travel in going to and returning
from the said sessions, estimated accord
ing to the nearest usually traveled route ;
and an additional allowance of three dol
lars 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 dol
lars per day,' during the. session of the
legislative assembly ; but no other officers
shall be paid by the United States ; Pro
vided, 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 to
gether. There shall be appropriated an
nually, the usual sum to he expended by
the governor, to defray the contingent ex-
ine ooeriinr, o ueintv iue coiiuiigeni ex-
pnses of the Territory, including the sal-
ar) of a clerk of the executive department;
and there shall also ha appropriated, an
nually, a sufficient sum to be expended by
t he secretary of the Territory, and upon
an estimate to be made by the Secretary
of the Treasury of the United States,
to defray the expense of the legislative
assembly, the printing of the laws, and
other incidental exjensf-s ; and the govern
or and secretary of the Territory, chalhjn
the disbursement of all moneys intrusted
to them, lie governed solehy bv the in
structions of the Secretary of the Treas
ury of the Unite. I State-, and shall semi
annually, account to the said Secretary for
the manner in which the aforesaid mon
eys shall have been expended ; and no
extendilure shall' he 'made by raid legis
lative assembly for- objects not specially
authorized bv the acts of Congress rnak-
the appropriations,
nor beyond the
Hirm thun appropriated fo. -uch objects, i
Sec. 31. And be it further enacted,
That th scar or government of said
purposes may be occupied and used nnder
I he direction of the governor and legifhv
tive assembly, tor such public purposes
a may lie required under the provisions of
this act
Sec. 32. And be it further enacted,
That a delegate to the House of Repre
sentatives of the United States, to serve
for the term of two years, who shall be a citi
zen of the United States, may be elected by
the voters qualified to elect members of
the legislative assembly, who shall be en
titled to the same rights and privileges as
are exercised and enjoyed by the delegates
from the several other Territories of the
United Slates to the House of Represen
tatives but the delegate first elected sliall
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 be conducted In such manuer as
the governor shall appoint and direct;
and at all subsequent elections the times,
places, and manner of holding elections
sliall 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 accordiugly. 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 Tei
ritory of Kansas as elsewhere within the
United States, except the eighth section of
the act preparatory to th admission of
Missouri into the Union, approved
March sixth, eighteen hundred and heen
ty, which, being inconsistent with the prin
ciple of non-intervention by Congress,
with slavery m the State and Territories,
as recognized by the legislation of eight- j person who may wish to jiscertain the
een hundred and fifty, commonly called ' .;
the compromise measures, is hereby deA VII It shall be the duty c;f the Regis
dared inoperative and void; as being th tr to put every applicant upou proof, oath,
true intent and meaning of the act not to or , affirmation, that the claim offered for
legislate slavery into an y Territory or i registry is free from the claim of any other
State, nor to exclude it therefrom, but to j person.
leave the people thereof perfectly free VIIL Every application for registry
to form and regulate their domestic shall be made in the following form, viz :
institutions in their own tray, subject "I Pp'J for certificate of regirt ry for claim
only to the constitution of the 'Unitedl&wted and marked on' this : day of
States: Provided, That nothing herein -77 - 854, lying and being in , con-
routained shall be construed to revive or J taming 1 60 acres of prairie and 80 acres
put in force 'any law or regidation iehichl0? timber land, and declare upon honor
may have existed prior to the act of the that said claim was elected ; and marked
sixth of March, eighteen hundred and j on the ' of , ami that I am claim-
tteenty, either protecting, establishing, j ng but the one in my own right, and that
prohibiting or abolishing slavery. - : j it was not claimed : or selected by any
Sec, 33. And be it further enacted other prson.n To be signed by the ap
That there shall hereafter be appropriated, f plicsnt;' any person failing ;to make this
as has been customary for the territorial J certificate shall not be entitled to register,
governments, a sufficient amount to be ex- IX." We agree, upon the survey of the
pended under the direction of the said Territory, to mutually deed And redeedto
governor of the Territory of Kansas, not leach other, so as to leave a near as po?4
exeeedirig the sums heretofore appropri- ( bie as claimed.' "
atd for similar objects for the erection I X. The officers of this Anciation shall
if suitable public buildings at the seat of j be one Chief Justice, one (Register, one
government, and for the purchase cf a li-1 Marshal, and one Treasurer.
brary, to lie kept at the seat of govern-
raent for the use of the governor, legishv
five assembly, judges of the supreme court,
secretary, marshal, and attorney of sail
Territory, and such other persons, , under
such ' regulations, & shall : be prescrib
ed by law '- -4 5 .'V;'.'
Sec 34.' And te ii farther enacted,
That when the ksds in the said Territory
Tfaia section, so far as Fort LesreH worth b
concerned, was repealed hj a st&seqaeat ea
actment. . At oar present writing 'we are sot
informed ai to the precis point for fax&tiag tha
seat of government of the Territory, tot be
lievo it to be about three miles Fmih cf Fcri
ieTeavorta. - ' - -- - - -
shall be surveyed un.ier the .lirectton ot
i tne. government, oi me ,unia states,
preparatory'.: to .winging ,tho. ssra? into
St-ritl lur I m 'ttlLniw M ina ni'iuiru i
;sounin mhi irrruory, sua iu uie
, Ssc. Za. Ad be U further enacted
, rr
subdivisions in each of said judicial di&-
i -..tt,, w.rnr-iA.i Kir iit7 : -.o!i c- h of t h. la u-c t in - A cwm i.ir. tjimriiarv ArufnriOiitioi. on meirarnvsj.
tncts by proclamation, to he issued bylrusa up to the bhawnee purchase.
him: but the legislative asseml !y. at their
' first or any subsequent session, may organ -
I. - .-, ",'. .., . '
j ue, tne judges, ana alter tne times ana
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 Tecritary of
Kansas, who by the virtue of the provis
ions of any law not existing or which may
be enacted during the present. Congress,
are required to give security ior moneys
that may ie intrusted with them for dis
bnrsment, shall give such security, at such
time, and place, and in such manner, as
the Secretary of the Treasury; may pre
scribe. '.
Sec. 37. And be it further enacted,
That all treaties, laws, and other engage
ments made by the government of the
United States with the Indian tribes in
habiting the territories embraced within
this act, shall be faithfully and rigidly ob
served, notwithstanding anything contain
ed in this act ; and that the existing
agencies and superintendencies of said In
dians be continued with the .same powers
and duties which are now prescribed by
law, except that the President .jof the U.
States may, at his discretion, change
the location of the office of superintendent.
Approved May 30th, 1854.
Title to Lands.
The question is frequently a?ked u
-How do the settlers in Kansa1; evpe, t tol'3 4,1 w -'l"v .tmn-.,e., u, .o.
secure titles to their lands, since Govern .
; .
j ment ha )t 'igamed the territory
for settlement?" The lest answer we can
give is by quoting a cod of laws adopted
at a meeting of the "Actual Settlers," held
at the house of Mr. Miller, in Millersburgh,
in said Territory, on the 12th of August
last Public notice had been given of the
proposed meeting, and it was very well
attended. They adopted the name of th?
Mutual Settlers' Association of Kansas
Territory. The following is their code,
which every person iu the Territory will
see enforced, until the Government shall
super3-le the necessity of the organiza
tion by action of their own :
Whkreas, The law cf the United
States confer upon citizens the privilege cf
settling and holding lands by pre-emption
! right; and whereas, the Kansas valley, in
part, ii now open for the location of such
claims;, and whereas; we, the people of
Mpn convention, have and are about to se
riect homes in this alley, ami' in order to
protect the public good, and to 6ecure
equal justice to all, we solemnly agree aud
bind ourselves to be governed by the fol
lowing ordinances:
I. We recognize the right of every cit
izen of the United- States, of lawful age,
or who may be the head of a family, to
select, mark and claim, 240 acres of land,
viz: 160 acres of prairie and 80 acres of
timber land, and who shall within 60 days
after the treaty is ratified proceed to erect
thereon a cabin or such other improve
ments as he may deem best, and shall,
within 60 days after the ratifutatinn of the
treaties, enter thereon as a resident.
II. A claim thus marked and register
ed, shall be good 60 days from the ratifi
cation of the treaty, at which time, the
claimant, if the head of a family, shall
move upon and make his home on either
the prairie or timber claim, which shall
make them both good, and ;shall be re
garded so by the settlers. Single persons
or females making claims shall be entitled
to hold them by becoming residents of the
Territory, whether upon their claims or
otherwise. Any person making a claim
as above shall be entitled to? a day addi
tional for every five miles they have to
travel to reach their families.;
III. No person shall hold more than
one claim, directly or indirectly.
TV. No one shall be allowed to enter
upon any previously made or marked
V. All persons failing to commence im
proving or entering thereupon within the
time specified, shall forfeit the 6sme, and
it shall be lawful for any other citizen to
enter thereon.
VI. Each claimant shall, $t all reason
able times,' hold himself in readiness to
point out the extent of his claim to any
j -vl. 1 lie duty of the l-nief Justice
ishall he to try and decide all disputes lie-
tween settlers in reference jlo claims or
otherwise, and to try all crininals or per
sons guilty of the violation if the laws of
the Territory. The said $hief Justice
shall always take justice between man and
man as his r guide; sad uponj the demand
of either party shall snmnion ft jury 01
sit persons to try all dispute or vkttions
of law, the jury to be selected as follows,
vizr the Chief Justice to wtite down the
names of 1 8 persons, &&dTjaci party to
mark alternately until sis names only are
left, the defendant ' xnarkit first. The
Chief Justice shall al&o act as President
Ter-Xibh Convention, have and are about to se
;ot aJl meetings of tne Association, ana in
ui anwnce a presiaeni pro leiu. uau
uir ifcuiiciiiiJik ni:u up nv.i i v"rc. "
iu iu uw aowih-e, ue ic
j parly interested.
f XIII. The 3Jaish.-.Uhall execute all de-
ie.jwnsof the Chief Justice or Juries and
i the Eame, from the mouth of the aka-
XV. It shall be the dutv of the Mar
1 shal, on the complaint of any citizen, by
ill.?.. 11. '
himself or deputy, to summons and bring
before the Chief Justice the parties for
XVI. The officers of this Association
shall receive a suitable compensation for
their services, which sum shall be decided
by I he Association.
XVII. A Treasurer shall he appointed
by the Association, who shall give approv
ed security for the faithful disbursement of
all moneys that shall be received into the
XVIII. The Treasurer shall be author
ized to pay all drafts for the expenses of
the Association when presented to him
signed by the President and Secretary.
5 XIX. The officers shall be elected by
the Association, and, by a majority vote of
the same, removed.
XX. Officers of the Association shall
be residents of Kansas Territory.
XXI. The Coon River, Wakarusa and
all other Associations aie dissolved from
this date.
The Association elected permanent of
ficers as follows: Jonx A. Wakefield,
Chief Justice; J. W. Hates, Register;
Wm. Lvkiss, Marshal; Wm. LvoN'freas
Emigrant Aid Company.
For the purpose cf answering numer
ous inquiries, concerning the plan of op
eration of the Emigrant Aid Company,
j and the resources of Kansas Territory,
which it is projK.sed now tootle, the Sec-
p "" ...lining i..wa.,ou m
i i . fi , . ...j....-.
j "V4"1 '-
The object of this Association are
apparent in its name.
The imirieirv emigration to America
from Europe introduces into our ports a
large munlier of p.-i-ons eager to pass
westward. The fertility of cur western
regions and the cheapness of our public
lauds, induce many of the native bora
citizens of the old States to immigrate
thither. At the present time-public and
social considerations of ihe giavesf. char
acter render il desiiable to settle the ter
ritories west of Missouri and Iowa; and
these jiisid&i ationauu largely., UwMwaaing
the amount of westward emigration.
The foreiern arrivals in America last
year were 400,777. In the same year,
the emigration to Western Slates,of Amer
icans and foreigners, must hate amounted
to much more than '.'00,000 jtersons.
The emigration thither, this year, will be
larger -"till. And fiom the older Western
States laite liumbei aie removing into
nw brritity. : : . . .
Persons who tire t!Jmiii3r with the
course of movement of this large annual
thronsrof emigrants, know that under the
arrangements now:existing they surfer at
everv turn. -The frauds practiced upon
them bv 'runners" and ether agents of
transporting lines in the.State of New York
amonnt to a stupendous system of knave
ry : which has not been broken up even
by the patient endeavors of the State of
ficers, and by very stringent State legisla
tion. The complete ignorance of Our
customs in which the foreign emigrant
finds himself, and in more than half the
foreign emigration, his complete ignorance
of our language, subjects him to every
fraud, and to constant accident. It is iu
the face of every; conceivable inconven
ience that the country recedes every year
four hundred thousand foreigners in
to its seaports, and sends the larger por
tion of them to itii Western country. .'
The inconveniences and 'dangers to
health to which the pioneer is subject who
goes cut alone or with his family, only in
making a new settlement, are familiar to
every American.
The Emigrant Aid Company has been
formed to protect emigrants as far as
may be, from inconveniences. Its duty is
to organize emigration to the West and
bring it into a system. . Tim dnty, which
should have been attempted long ago, is
particularly essential now, in the critical
position of the "Western territories.
It has been decided to execute a deed
of trust in lieu of, the charter granted by
the Legislature, ahd it is believed that by
an immediate subscription to this fund of
two hundred thousand dollars, the Emi
grant may be protected ; a free State may
be secured to the lasting advantage of the
country; and possibly a valuable property
secured to the subscribers.
The emigrant suffers whenever he goes
alone into his new home. He surfers
from the frauds of others from his own
ignorance of the! sptem cf tra vel ; and
the country where he settles; aud again
from his want of Support from neighbor
which results iu the impossibility of any
combine.! assistance, cr of any division of
labor. : ;.:-:.', ; .-"'..- - ' . ,- '
The Emigrant Aid Company will re
lieve him from all these embarrassments
by sending out emigrants in companies,
ami establishing them in considerable num
bers. They will locate thee where they
please on arrival in their new home, and
receive from government their titles.
The Company propose to -carry them to
their homes more cheaply than I hey could
otherwise to enable them to establish
themselves with the lea-l inconvenience,
and to provide the most important prime
necessities of a new colony: It will pro
vide shelter and food at the lowest prices
after the arrival cf emigrants, while they
nwke the arrangements necessary for their
new homes. It will render all the assist
ance which the information of its agents
can pive. And, by establishing emigrants
in larsre numbers in the territories it will
give them the power of using at once
those social influences which radiate from
the church, the school, and the press, in
the organization and development : of a
community. J "
For those purposes,, it is recommended
that the .Trustees contract immediately
witheome of the competing lines of trav
el for the conveyance of 20,000 persons
from Massachusetts to that place in the
West which the t Trustees shall select for
their first settlement. -
Il b believed that passage may be ob
tained ia so large a contract, at a m-ch
less price than that paid by individuals.
We recommend that emigrants receive the
fall advantage of this diminution of price,
and that they l-e forwarded in companies
of two hundred, as they apply, at these
reduce d rates of travel.
! - . - -- -
j ...w .UD liUix ... v.
jseuiemeni, iney snail at once construct
a boarding lum w receiving housein
j rUku three hundrM persons may receive
3d. It is recommended that the Trus
tees procure and send forward steam saw
mills, grist mills, and such other machines
as shall be of constant service in a new
settlement which cannot however be pur
chased or carried out conveniently by in
dividual settlers. These machines may
be leased or run by the Company's agents.
At the same time it it desirable that a
printing press bo sent, out, and a weekly
newspaper established. This would be
the organ of the Company's agents.
Would -extend i&formation regarding its
settlement, and be from the very first, an
index of that love of freedom and of good
morals which it is to be hoped may char
acterize the State now to be formed.
till. 13 ICVUIIIUIITUUCU 1 11 .1 k lUf VUIUM
a .1. T. .r.. . 1,..
pany s agents locate, and take up for the
Company's benefit, the sections of land
in which the boardm.T houses and im hV
are located and no others. And further,
that ft lipnpfer t h. tpnilnrr shsll I ih or
ganized as a free Slate, the trustees shalfrXr
disnofeof all its interp.stAtbere. renlace bv
the sales the money laid outdeclare adiv-
j i. .i . it ii j
idend to the stockholders, and
5th. That thev select a new field, and
make similar arrangements for the fettle
ment and organization of another free
Stale of this Union. .
Willi the advantages attained by such
a teni of effort, the Territoiy selected
as the Kvne of operations, would, it is believe-1,
at once fill up with free inhabit
ants. There is reason to suppose that sev
eral thousand men of New England ori
gin, jiropor. to immigrate under the au
spices of some such arrangement this very
summer. Of the whole emigration from
Europe amounting to some 400.000
persons, there can le no ditticutty in in -
ducing thicty or forty thousand to take!
the same direction. Applications from
j German agents have already len made
lo metnbeis of the (.Vimphnv. We have
al.o intimations in corresjondence from
the free Slates of the West, of a wide
spread desire among thor-c who know what
it is to settle a new country to pass on, if
Mi.h an organization can be made into
that now thrown cjn. An emigrant
party of those intending to go, has been
formed iu Worcester couuty, and others
in other States.
Iu view of the establishment by such
agencies of a new Free State in that mag
nificent region, it is unnecessary to dwell
iu detail on the advantages which this-eriterjnk-f
.Lohhi. out .to . the country at
It detei mines in the right way the in
stitutions of the unsettled Territories, in
less time, than the discussion of them ha-requin-d
in Congress. It opens to those
who are iu want in the Eateni Stales, a
home an I a corajetence, without the suf
fering hitherto incident to emigration.
For the company is the pioneer and
provides before the settler arrive?, the
conveniences which he fust requires.
Such a removal of an overcrowded pop
ulation i one of the greatest advantage?
to Eastern cities. Again, the enterprise
opens commercial advantages to the com
mercial States, just in proportion to the
population which it creates, of free men
who furnish a market to our manufacture
and imports. Whether the new line of
States shall be Free or Slave States, is a
question deeply interesting to those who
are to provide the manufactures for their
consumption. Especially will it prove an
advantage to Massachusetts, if she create
the new State by her foresight supply
the first necessities to its inhabitants
and ojten, in the outset, communication
between their homes and her ports and
In return for these advantages, which
the Company's rapid and simple effort af
fords to the emigrant and to the country,
its Stockholders receive that satisfaction,
ranked by Lord Bacon among the very
highest, of liecoming the founders cf
States, and more than this States which
are prosperous and free. They secure
satisfaction by au investment which prom
ises large returns at no distant day.
Under the plan proposed, it will be but
two or three years liefore the Company
can dispose of its property in the Territo
ry first occupied and reimburse itself of
its first expenses. At that time in a
State of 70,000 inhabitants, it will pos
sess several reservations of 640 acres each
on which its boarding houses and mills
stand and the churches and school houses
which it has rendered necessary. From
these centers will the cettleraents of the
State have radiated. In other words,
these points will then be large commer
cial positions of the new State. If there
were only one such its value, after the
region should le so far peopled, would
make a very large dividend to the compa
ny which sold it, besides restoring its orig
inal capital, with which to enable it to at
tempt the same adventure elsewhere.
' . It is to lie remembered that all accounts
agree that the region of Kansas is the
most desirable part cf America now open
to emigrants. It is accessible in seven
days continuous travel from Boston. Its
crops are very liountiful its soil Wing
well adapted lo the - staples of Virginia
and Kentucky, and especially the growth
of hemp. In its eastern section the wood
land and prairie-land intermix in propor
tions very well adapted for the purpose
of the fet tier. Its mineral resource, es
pecially its coal, in the central and west
ern parts are inexhaustible. A steamboat
U already plying on the Kansas river,
and t he territory has uninterrupted steam
boat communication with New Orleans,
and all the tributaries cf the Mississippi
river. 'AIL the" overland emigration to
California and Oregon, by any of the eas
ier routes, passes of necessity, through its
limits. Whatever roads are built west
ward must begin in its territory. For it
is here that the emigrant leave the Mis
souri river. Of late years the demand
for provisions and breadstuff? made by em
igrants passing to California, has given to
the inhabitants of the peighboring parts of
Missouri a market at as good rates as they
could have found in the .Union.
It is impossible tnat such a region should,
not fill up rapidly. The Emigrant Aid
Company proposes to give confidence to
settlcrs.br eivingr system to emigration.
By dispelling the fears that Kansas will be
See Mr. ErKOtt'siSpeectx oathe Nebraska
J a slave State the Company will ieiIJirt4
the only bar which now hinder its or-,,
pation by fiee settlers. It is hojj
similar companies will 1 fouiied in otk
free States. The tnterprwe is of tj
character, that for thove who first tnur
it, the more compel ilion tho better,
Bj The fcUowinf poc iu. ftoiu Axaerir,
most favored poet, ia bettmifally decripuve . I
the Prairiea of Kan.u. The piopi.ei.ealluj
to the peopling of lboe plaina, now being
ified, induces as to girt them a place in tfcj,
number of the He rat 4 of freeJem. He cak V
who has seen those Prairies iu all their gru'. I
dear ran conceife of the faithfulness cf tbep. f
wi uiitn prEWfliea u un cutau rje-
. The Prairifta.
bt wuuaM ccluk sHraxr.
These are the gardens of the dc.ert, these
The anshora fields, boandicas and beamita)
For which ihe speech of England l:ee co nam-.
The prairies. I behold thetu for the first.
And tny heart swells, while the dilated tight
Takes in "the encircling vasiiies. Lo! thet
in airy undrJatiscs, tar away,
As if the ocean, in his gen Jest swell,
Stood BlilL with all his rounded billows fix'd,
And motionless foreTer: -Motionless
No, they are ail nuchain'd again. The clou
'weep over with the shadows id, bearatU
The surface rolls and fluctuates to the ee; '
Dark hollows been, lo elide atone nd rhs
The sunny ridges. Keeies t.f the south'
tV ho toss the golden and the name-hie flowers,
And pass the prairie-haw r, thai, poised on hirh
Flaps his broad wings, yet moves i.ot-yc hu.
' -.,! , f . j
j of Texas, and ha? cii?d the hmped troob
Thai from the iVintaiu of lunula ghde
i " ucai.u racibc hate ye faoued
A nobler or a lorelier scene than this '
Mau hath no part in all this glorious iroik
The hand that built the firmament hath hfatj
ud smoothed these rerdaul t wells, aud sun, f
their slopes
Wh l..,k.n. r,l., 1.4 ! .. V '.I. . j i
A "V . y 7Yr . "-iuu prove,
And hedgedatheott round witti foieats. FiU-c. L.
fl00f u
For ibis luagnifc-fiit temple of the tky I
With flowers who glory and hose lauii.tad t
Rival the coustellatioos! The great iit-areus f
Seem to utoop down upon the wene Juv,-. L.
A nearer vault, and of a. tenderer blue ' E
Than that which bends above the easteftj lulls
As o'rr the verdant waste I guide my Meed,
Ainoug the high, rank grass that sweeps his
The hollow beatiug of hi foot-ieep vet m
A sacrilegious ouud. I think of tho. e
t'pon whose lest he tramplcK. Areihc-y here
The dead of other day? and did the du-t
Of these fair solitudes once btir w ith tie
And burn with pa&siou? Let ihe ui.ghiy
That overlook the river, or that rie
1 in the dim forem. rmudd uh tc
Answer. A race that long has pass'd av.
Buih them: -a disciplined and populous iaoe
! ,Ifa J ' ''. r eauh. wh.lc yt a
Wan hewing the Pei,if hewn d. forms
Of symmetry, and rearing on its lock
The gliUering Parthenon. Thre ample f.eUs
Nourish 'd their harvests; here thrir herds wets
When haply by their talU the LiMn low'd.
And !oed his mailed shoulder to the yoke.
AH day this desert innrmnr'd with their loils,
Till twilight hlnsh'd, and lover6 walked and
In a forgotten language, r.d old tunra,
From instrument; of nnrr mernber'd form.
Gave Ihe soft wiuds a vci. e. The red rr.aa
The roaming hunter-tribes, warl.ke ander--.
And the mound-builders vanished fromtU
The solitude of reu.ones untold
Has settled hi ihey dwelt. The piair.e
wolf Hunts in their ineadows. and hi fre-dna den
Yawns by my path. The gopher uontsthe
Where stood their svtaimiug Citiffi. Ail is
AH save the piles of earth thai hold tl.pj
The platforms whete they wonhipp'd iiiikno;x
The barriers which they huitded from the i
To keep the foe at bay till o'er the fcsil
The wild beleagurers broke, and one by one.
The strongholds of the plain vrerc foiced,od
With corpses The LiOvvu vuliUif of the u wi
Flock'd to those vast, nncover'd sepulchres..
And sat nnscared and r-ilcnt, at their fr&st.
Haply some solitarv fugitive.
Lurking in marsh aud foretJ, till theteue
Of desolation and of fear became
Bitterer than death, yielded himself to die
Man's better natnre triumph'd. Kindlv word
Welcomed and soothed him; the rude con
querors Seated the captive with their chief . he chose
A bride amoog their maiden1, aud at hngih
Seem'd to forget yet ne'er forgot the wile
Of his firrt lore, and her weet little one
Uutcher'd amid the shrieks, with all his rare.
Thus change the forms of being, Thi.
Races of living things, ghrions in strength,
And perish, as the quickening breath of God
Fills them, or is withdrawn. The red tnaa,
Has left the blooming rild he ranged ro Liij,
And nearer to the Rocky Mountain, nought
A wider hunting-ground. The beaver tuiids
No longer by these streams, but far awar
On waters whose blue anrface ne'er rave rk
Ihe white man's fate among 5discLii'
Aud pool whose imues swell the Oiegon,
He reara his httle Venice, in these pla.t:
The bison feeds no mote. Twice twenty
Beyond remotest smoke of hunter' ramp.
Roams the majestic brute, in herds that shake '
The earth with thondering steps jet here 1
His ancient footprints stamped beside the pool.
Still this great solitude is quick with life.
Myriads of insects, gaudy as the flowers
f hey flatter over, gentle quadrupeds.
And birds, that scarce have iearn'd the fear cf
man, '. ,': -Are
here, and sliding reptiles ol the grosnd.
Slantingly beautiful. The graceful deer
Bounds to the wood at ray approach. The tee,
A more adventurous colonist than man.
With whom be came across the eastern deep,
Fills the savannas with his murmuring;.
And hides bis sweets, aa in the go Idea age,
Within the hollow oak. t listen long
To hi domestic hum, and think hear
sound of that tutrautin multitude
IVkiek soon shall fit these deserts. From the
rrcand . v -
Conies up the laugh of children, the scft voice
Of maidens, and the sweet and solemn hyrca
Of Sabbath worshipers. The low of herds
Blends with the rmsUiag of the heavy grain
Orer tho dark-brown fnrrows. Ail at once
A fresher wind sweeps byand brealt my
And I ara in the wilderness alone.-
' . -, ' A Deciaion. ; i
The Attorney General of. the United
States has prepared a long and elaborate i
document, presenting hi opinion in re-
gard to pre-emption inivansa and Ne- :
braska, which concludes thus : ' I
"In fine, my opinion is, that the act cf
Connress gives pre-emption only in tuch I
of those lands ceded aa are cot required
first to be offered at public sale; that tbe
lands ceded by the Delawares, Iowas, &ui
Wea under condition of being first offer- f
ed at public sale, are no more opened to
pre-emption by the act of Congress, tfca
was the military reservation at Fort Lesv-
en worth; that those lands cannot be taken
up by settlers under claim of pre-empticn ;
arid that all tlauiw of pre-emption there :
will be merely void in law, and will confer r
no right now or hereafter, on which to de- 1
mand the issue of a patent fiorn the Com-
nussioner ot ruwic lav as.
"Moreover, it will be the duly of tbe
President to maintain by force, if need be,
the plighted faith of tiie United States
in this befcaiL - -
'-The mouthlof Kansas river is in the f
latitude cf St 1 Louis, Cincinnati, ana t
VVEshingtoq ciy. The temperature is i
not so high as in thase cities, becaxe of
greater altiteide, . H . t
h r

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