A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce
Pierce, Franklin, 1804-1869; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
Based upon this theory, the act of Congress defined for each Territory
the outlines of republican government, distributing public authority
among lawfully created agents--executive, judicial, and legislative--to
be appointed either by the General Government or by the Territory.
The legislative functions were intrusted to a council and a house of
representatives, duly elected, and empowered to enact all the local laws
which they might deem essential to their prosperity, happiness, and good
government. Acting in the same spirit, Congress also defined the persons
who were in the first instance to be considered as the people of each
Territory, enacting that every free white male inhabitant of the same
above the age of 21 years, being an actual resident thereof and
possessing the qualifications hereafter described, should be entitled
to vote at the first election and be eligible to any office within the
Territory, but that the qualification of voters and holding office at
all subsequent elections should be such as might be prescribed by the
legislative assembly; provided, however, that the right of suffrage and
of holding office should be exercised only by citizens of the United
States and those who should have declared on oath their intention to
become such and have taken an oath to support the Constitution of the
United States and the provisions of the act; and provided further, that
no officer, soldier, seaman, or marine or other person in the Army or
Navy of the United States or attached to troops in their service should
be allowed to vote or hold office in either Territory by reason of being
on service therein.
Such of the public officers of the Territories as by the provisions
of the act were to be appointed by the General Government, including
the governors, were appointed and commissioned in due season, the law
having been enacted on the 30th of May, 1854, and the commission of
the governor of the Territory of Nebraska being dated on the 2d day of
August, 1854, and of the Territory of Kansas on the 29th day of June,
1854. Among the duties imposed by the act on the governors was that of
directing and superintending the political organization of the
respective Territories.
The governor of Kansas was required to cause a census or enumeration
of the inhabitants and qualified voters of the several counties and
districts of the Territory to be taken by such persons and in such mode
as he might designate and appoint; to appoint and direct the time and
places of holding the first elections, and the manner of conducting
them, both as to the persons to superintend such elections and the
returns thereof; to declare the number of the members of the council
and the house of representatives for each county or district; to
declare what persons might appear to be duly elected, and to appoint
the time and place of the first meeting of the legislative assembly.
In substance, the same duties were devolved on the governor of Nebraska.
Public-domain text, read in full here on John Shaqi.
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