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[Front Cover]

 

Council Journal 1855 [Vol. 2] Sec. Div.

 

[Inside Front Cover]

 

Class  Year 1855  Ac. No. 1266  ARCHIVES DEPARTMENT OF THE KANSAS STATE HISTORICAL SOCIETY, STATE CAPITOL, TOPEKA.  Deposited by J. R. Burrow from the office of Lec. Slate Topeka, Kansas November 1, 1906  160  KANSAS STATE HISTORICAL SOCIETY 1266 ARCHIVES DEPARTMENT.

 

[Index]

 

Brief Index. Counc J. Vol. 2 1855

Agriculture, 151, 207, 262, 271

Auditor Pub. Accts, 43, 137, 224, 252, 267,

Affor. For Legis, 235, 240, 257 

Arapahoe Co. 215, 223, 258, 267

30, 219

Banks, Atch & Leav., 31, 104, 115, 147, 203, 213.

Census, 57, 69, 119, 130, 131

Capital, 57, 64, 118 (Ft. Leav., 1st. see vol 8, p 331-3. Pawnee see Vol 1. [XXXXX] Counc. Jour 1815

Capital Lecompton, p 15 

Capitol, 38, 83, 105, 110, 145 

Centerville Sem. & Town Asso, 146, 159, 203, 224, 249

County Lines Estab. 58-9, see Arapahoe

Counties, Madison, Marion, Wash. (Monroe, Sullivan, 114) 213, 256, 267, 271

County Officers Electd Joint Sess. 163-177, 230-33, 247, & Dist Atty’s

Const. Conv Ele, 154, 93,

Coal mining, 8, 211, 260, 272 

Crimes, 98-9, 103, 143, 149, 249, 257, 260-1 &

Del Inds & other Del. Treaties, voting, 66-67, 36, 40, 88, 233, 234

Dramshops Etc. 107, 110, 268

Eujatah, on Ark. Riv. p. 132, 223, p. 14 also, Terr. road bill

Gov. Reeder, mess, Aug 16 ell to term of office [XXXXX] p. 28

Gov Woodson, acting, p 28, [xxxx]

[XXXXX] Aug 16, Reeder, p. 28

Aug. 22, signed bills p. 117

   “    25     “         “    p 160

   “    28     “         “    p 223-4

   “    30     “         “    p. 248-9, 266-274

 

[Index]

 

Halderman, J. H. Chief Clk resig. Aug 28, 1853, p 216-7, 227 successor [XXXXX] signature p 274

Hist. & Philosop. Society, 12, 109, 110, 209, 265, 268

Indians, 88, copy from Delaware Inds 

Insurance Co, Leav, 87, 96, 97, 157, 225, 248

Kan. Univ, See Univ, 

Lecompton, Capital, 15, see Capital & Capitol Capitol Bldg. 38, 83, 105, 110, 145 

Legislature, meeting of, Leav, p. 236-7 

Library, Terr. 56, 64, 198, 206, 252 

Map, Reams, $10 p. 250 

Medic. Univ Lecomp. 14, 120, 122, 125, 140, 225

Militia, apt. officers, 243-247, memor. rel. to 1000 arms, 251 org. of, 110, 123, 203, 259 

Mining Co’s 8, 31, 69, 73, 79, 121

Public Printer, 38, 127, 221, 240, 85, 93

_______

Vol 2.

Railroad & Teleg. Co’s, mcl. Central R.R; p 155, 195, 223 Kaw Val. Cent. p. 70 only; Leav. & Lecompton p. 70, 76, 262, 271; Leav. & Pawnee 271; Occidental Teleg. Co p. 70, 197, 249; Sou. Kaw. RR (p. 27, 36, 117, 27, 36, [80, 72], 117, 118, [119, 122,] 128, 144, 155, 195, 197, 219, 249, 250, 233

_______

Penitentiary, 83, 141, 142, 127

Proslavery Resol. p. 255

 

[Index]

Schools, & sch. Lands, 100, 101, 102, 104, 154, 9, 38, 69, 71, 95

Slavery & negro bills, 6, 136, 202, 218, 257, 264, 269, 266-274 

[XXXXX] Co, Kan, Neb, & Utah, p 242

Terr. Roads.

Treasury Dept., aud. & Treas apptd, 252, 254, 224, 

aud. Public Accts, John Donaldson, 252

Treasure T.J.B. Cramer, 224, 252. 

Town Comp’s. 

University of Kan. H. B. 147, at Douglas, 131

& Kan Univ.

University of Kan. p. 29, 49, 81, 82, 83, 84 106-7, 145, 225

       “  Territorial Univ. of Kan, lands for 83, 199, 207, 225

       “  Fort Scott, 81, 10, 70-1, 249 (signed by Gov)

       “  Leavenworth, 83, 80

       “  Lecompton 131

       “  Medical, Lecompton, 14, 120, 122, 125, 140, 225

Washington Monument, Com. To take subsc, 256-7 Concur, Resolv,

Woodson, Daul, Lec, acting Gov, see Gov.

 

[1]

 

Wednesday Morning 

15 Aug 1855 

Council met pursuant to adjournment  Prayer was offered by the Rev. Mr Peery  The Roll was called Absent Messrs Barbee, Chap-man, Lykins, rees and Strickler  Messrs Chapman and Lykins excused  The journal of the preceding day was read and approved  Mr Rees from the com-mittee on Judiciary reported back a bill entitled An act concerning crimes and punishments of offences against the persons of individuals with the following amendments  Amend Sec 2  Insert after “by” 2nd line confinement and hard labor, for a term of not less than ten years Amend Sec. 23. – Strike out “by” 2nd line, & insert after degree 2nd line by confinement and hard labor insert after degree 4th line by confinement and hard labor  Amend Sec 24 insert after by 2nd line “confinement and hard labor, for a term not exceeding three years or by imprisonment in

 

[2]

 

the county Jail not less than six months or by fine not less than five hundred dollars or by fine of not less than one hundred dollars and imprisonment in the county Jail not less than three months  Amend Sec 25 - Insert after “by” 2nd line confinement and hard labor” for a term of not more than ten years or by imprisonment in the county Jail not less than six months or fine of not less than five hundred dollars or by both a fine of not less than one hundred dollars and imprisonment in the county Jail not less than three months  Amend sec 26 Insert after “by” 4th line confinement and hard labor for a term of not less than five years.”  Amend Sec 28 - insert after “punished” last line, by con-finement and hard labor for a term not exceeding five years  Amend Sec. 29 insert after “by” 5th line confinement and hard labor not exceeding five years. Amend Sec. 30 insert after “by” 7th line confinement and hard labor for a term not exceeding

 

[3]

 

Five years  Amend Sec 31 - insert after conviction 13th line instead of the punishment declared in the preceding section  Amend Sec 33 – insert after conviction 6th line be punished by confinement and hard labor for a term of not less than five nor more than ten years  Amend Sec 34 insert after by 7th line confinement and hard labor for a term exceeding ten years  Amend Sec 35 insert after by 6th line confinement and hard labor not less than five nor more than ten years  Amend sec 36 insert after “by” 4th line confinement and hard labor not exceeding five years  Amend Sec 37 insert after “by” 4th line confinement and hard labor not exceeding five years or by imprisonment in the county Jail not less than six months or by fine not less than five hundred dollars or by both a fine not less than five hundred dollars or by both a fine not less than one hundred dollars

 

[4]

 

and imprisonment in the county jail not less than three months  Amend Sec 38  Insert after by 8th line confinement and hard labor not exceeding five years or in a county jail not less than six months or by fine not less than five hundred dollars or by both a fine not less than one hundred dollars and imprisonment in a county Jail not less than three months  Amend Sec 39  Insert after by 9th line imprisonment in a county jail not exceeding one year or fine not exceeding five hundred dollars or both such fine and imprisonment  Amend Sec 40  Insert after “by” 7th line confinement and hard labor for a term not exceeding ten years  Amend Sec 41  Insert after by last line confinement and hard labor for a term not exceeding ten years  Amend Sec 43  Insert after by last line confinement and hard

 

[5]

 

labor not exceeding five years or imprisonment in the county jail not less than six months or by fine not less than five hundred dollars  Amend Sec 44  Insert after by 5th line confinement and hard labor not exceeding five years or imprisonment in the county jail not less than six months  Amend Sec 45  Insert after “to” third line confinement and hard labor, and when so amended the committee recommend its passage  The amendments were read the first time, rule suspended, read a second time, and adopted  On motion of Mr Rees the Bill was considered as engrossed, read a third time and passed  An act to regulate

 

[6]

 

Executions, to which your committee propose the following amendments   Amend sec 40  strike out where they occur the words or of the count of Common Pleas in Saint Louis County  The amendments were read the first time, rule suspended, read a second time, and adopted  On motion of Mr Rees the Bill was considered as engrossed, read a third time and passed  An act concerning Dower  Which was considered as engrossed read a third time and passed  An act concerning Jails and Jailors  Which was considered as engrossed, read a third time and passd An act to enable held in slavery to sue for their freedom  Which was considered as engrossed, read a third time and passed  An act regulating pro-ceedings on the writ of Habeas corpus  Which was considered

 

[7]

 

as engrossed, read a third time and passed  An act concerning writs of [XXXXX] warrants  Which was considered as engrossed, read a third time and passed  An Act concerning Guardians and Curators  Which was considered as engrossed read a third time and passed  An act relative to insane Persons  Which was considered as engrossed, read a third time and passed  House Bill entitled An Act respecting Vagrants  Which has read the third time and passed  Your committe have hard before them a bill entitled “An Act for the punishment of certain crimes and offences and for the protection of slave property.  Your committee deem that the provisions of said Bill are sufficiently em-bodied in a bill which has already passed both Houses entitled “An act to punish offences against slave property

 

[8]

 

They therefore recommend that the Bill be indefinitely postponed   On motion of Mr Rees the same was accordingly done  Mr Forman from the Committee on Corporations and County organizations reported back a bill entitled  An act to incorporate the Alexandria Coal Mining company  Which was considered as engrossed read a third time and passed  Messers Forman and Grover from the Committee on Enrolled Bills reported that they had examined and found [XXXXX] enrolled bills of the following titles  An Act concerning Cor-oners  An Act to declare a certain road a Territorial road  An act concering setoff  An act for the speedy recovery of bonds and notes  An act concerning the Action of [XXXXX]  An Act concerning rescents and distributions 

 

[9]

 

An act concerning bonds and notes  An act incorporating the city of Lawrence in Kansas Territory  Which report on motion of Mr Richardson was received  On motion of Mr Rees leave of absence was granted to Mr Barbee  Mr Coffey from the Committee on credentials made a report (For which see appendix)  On motion of Mr Rees one thousand copies of the report were ordered to be printed  Mr Donaldson moved that five additional Enrolling clerks be appointed  On motion of Mr Coffey the motion was referred to the Committee on Enrolled Bills  Mr Lykins from the Committee on Education reported back a bill entitled  An act appropriating certain funds for the support of common schools with the following amendment  strike out after the word “applied”, the words “by the commissioners of the county”  The amendments were read the first time, rule

 

[10]

 

suspended, read a second time and adopted  The Bill was then read a third time and passed [XXXXX] An act entitled  An act to incorporate a University at Fort Scott the committee recommended the following amendements  After the name of Wm I Barnes, strike out the names of Thos. B. Arnett and George Oldham and insert the names of A M Coffey, William P Richardson, Lucian I. Eastin, H. I. Strickler, R R Rees A McDonald D A Grove John Donaldson I. [XXXXX]. Forman Wm I Godfroy, Jos. c. Anderson, Wm Heiskell, Wm Y. Mathias and Alexander Johnson,  On motion of Mr Eastin the name of D A N Grover was inserted in the report instead of D.A. Grove The amendments were read the first time, rule suspended, read a second time and adopted  On motion the Bill was considered as engrossed read a third time and passed

 

[11]

 

Mr Rees introduced a bill entitled An Act concerning Landlord and Tenant  Which was read the first time and on motion of Mr Rees the rules were suspended, the bill read a second time the rules again suspended, consid-ered as engrossed, read a third time and passed  Mr Rees introduced a bill entitled “An Act regulating writs and process”  Which was read the first time, and on motion of Mr Richardson the rules were suspended, the Bill read a second time, rules again suspended considered as engrossed read a third time and passed   On motion of Mr Richardson the rules were suspended in order that the committee on Roads & Highways might report.  Mr Richardson from said Committee reported back the following Bills and recommended their passage  An act to declare a

 

[12]

 

certain road a Territorial road  Which was considered as engrossed, read a third time and passed  An act to declare a road leading from Gerards old crossing on the Big Osage river by way of [XXXXX] to the mouth of [XXXXX] fork of the Arkansas river a Territorial road.  Which was considered as engrossed, read a third time and passed  An Act to declare a road leading from Fort Scott to the Missouri state line at or near Phillip’s crossing on the upper [XXXXX] a Territorial road  Which was considered as engrossed, read third time and passed  On motion of Mr Eastin a bill entitled  An act to incorporate the Historical and Philosophical society of Kansas was taken up and read for information  Mr Rees offered the follow-ing amendment  strike out the name of Wm H. Gorde and insert that of D. A. N. Grover  Which was read the

 

[13]

 

first time, rule suspended read second time and adopted  The Bill was then on motion considered as en-grossed read a third time and passed  Mr Rees introduced a bill entitled An act concerning mortgages  Which was read the first time, and on motion of Mr Rees the rule was suspended, the Bill read a second time, the rule again suspended, considered as engrossed, read a third time and passed  The following message from the Home of Represent-atives was received, by Mr Lyle Chief Clerk  Mr President I am instructed by the House of Representatives to in-form the Council that House bills of the following titles have passed the House  An Act to provide for paying the clerks of the Legislative Asssembly of the Territory of Kansas  An act to establish a ferry at the Town of Delaware  An Act to establish a 

 

[14]

 

Ferry at the mouth of the Kansas river across said river  An Act to charter a ferry across the Missouri river at the town of Palermo  An act to regulate elections  Also the following Council Bills  An act designating the pay of certain officers  An act establishing a Territorial road from the town of Iowa Point to Eujatah on the Arkansas river  Also  The following Bills have been introduced into the House  An act for a convention  An act to provide for paying the clerks of the Legislative Assembly of the Territory of Kansas  An act to authorize and establish the Lecom-ton Medical Univeristy  On motion of Mr Don-aldson the rules were sus-pended for reasons assigned  Mr Donaldson from the select committee to which was refined “An Act to locate the seat of

 

[15]

 

Government reported that they had considered the same and recoomend its passage They have also had before them and considered a conveyance of land by the corporators for the town of Lecompton to the Territory of Kansas for the location of the capital and other public uses dated 15th August 1855 and re-commend its acceptance  The bill was considered as engrossed, read a third time and passed  On motion of Mr Coffey  Resolved – that the conveyance and bond of the corporators for the town of Lecompton this day presented to the Council singed by [XXXXX] Rodrigue as Preisdent of said corporators and I.C. Thomp-son, C B Donaldson, and I. C. Thompson as attorney in fact for Wm E Thompson and acknowledged by them before Justice Elmore and bearing his certificate be deposited in the office of the Secretary of the Territory  Mr Rees introduced a bill entitled  An Act to recover Public Records  Which was read the first

 

[16]

 

time, rule suspended, read a second time, rule again suspended, considered as engrossed, read a third time and passed  Mr Rees introduced a bill entitled  An Act respecting [XXXX]  Which was read the first time, and on motion of Mr Rees, the rules were suspended, the Bill read a second time, rules again suspended, considered as engrossed, read a third time and passed  Mr Rees introduced a bill entitled  An act regulating Judgments and Decrees  Which was read the first time, rule suspended read a second time, rule again suspended, considered as engrossed, read a third time and passed  The following message received from the House of Representatives by Mr Anderson a member  Mr President – I am instructed by the House of Representatives to inform the Council

 

[17]

 

that the House has passed Counil Bill entitled  An act to locate the seat of Government  On motion of Mr Coffey the Council adjourned  Afternoon session  Council met at the appointed time House Bill entitled “An act to establish a ferry at the mouth of the Kansas river across said river, was taken up read the first time, rule suspen-ded, read a second time, rule again suspended, read a third time and passed  Home Bill 122 entitled  “An act to establish a ferry at the Town of Delaware was taken up read the first time, rule suspended, read a second time, rule again suspended read a third time and passed  House Bill 125 entitled  An act to charter a ferry across the Missouri river at the town of Palermo was read the first time, rule suspended, read a second time and referred to the committee

 

[18]

 

on Corporations and County organizations  House Bill 109 entitled  An act to regulate Elections was read the first time rule suspended, read a second time and referred to the Committee on Elections  House Bill 129 entitled  An act to provide for paying the clerks of the Legislative Assembly of the Territory of Kansas was read the first time rule suspended, read a second time and referred to the committee on ways and means  Mr Rees introduced a bill entitled  An Act defining the punishment for crimes affecting property public and private  Which was read the first time, rule suspen-ded read a record time and refined to the committee on Judiciary  Mr Rees introduced a bill entitled  An act defining the punishment of crimes affecting clemency, records and securities public and private

 

[19]

 

Which was read the first time, rule suspended, read a second time and referred to the committee on Ju-diciary  Mr Rees introduced a bill entitled  An act defining pun-ishment for crimes affecting the administration of Justice  Which was read the first time, rule suspen-ded, read a second time and referred to the com-mittee on Judiciary  Mr Rees introduced a bill entitled  An act defining the punishment of offences affecting public trusts  Which was read the first time, rule suspended read a second time and referred to the committee on Judiciary  Mr Rees introduced a bill entitled  An act defining the punishment of offences affecting the security of persons and property  Which was read the first time, rule suspended read a second time and referred to the committee of Judiciary, together

 

[20]

 

With the following amend-ments  Amend 1st Sec  strike out misdemeanor 5th line and insert “crime” strike out all after “by” 5th line and insert con-finement and hard labor for a term of not less than two years  Amend Sec 2  strike out misdemeanor 7th line and insert crime strike out all after “by” 7th line and insert “con-finement and hard labor for a term of not less than two years  Amend Sec 3  strike out misdemeanor 7th line and insert “crime” strike out all after “punished” 7th line and insert as in the last two sections spec-ified and no person con-victed under this or either of the last two pre-ceding sections shall be eligible to any office of honor trust or profit and all such persons so convicted shall be forever disqualified from sitting on any Jury or voting at any election  Mr Rees introduced

 

[21]

 

a bill entitled An act de-fining the punishment of offences against public morals and decency  Which was read the first time, rule suspen-ded, read a second time and refined to the Committee on Judiciary  Mr Rees introduced a bill entitled  An act in relation to the general provisions regulating crimes and punishments  Which was read the first time bil suspen-ded, read a second time and referred to the committee on Judiciary  On motion of Mr Rees a bill entitled  An act defining the boundaries of the several counties in Kansas Territory was made the order for to-morrow at 11 oclock a.m.  On motion of Mr Grover the council adjourned

 

[22]

 

Thursday Morning 

Aug 16th 1855 

The council met pursuant to adjournment  The Roll was called  Absent Messrs Barbee and Donaldson – the former on leave  The journal of the pre-ceding day was read and approved  Mr Rees from the committee on Judiciary reported back the following bills and recommended their passage without amendment  An act defining punish-ment for crimes affecting property public and private  Which was considered as engrossed read a third time and passed  An act defining the punishment of crimes af-fecting clemency, records and security public and private  Which was considered as engrossed, read a third time and passed  An act defining pun-ishment for crimes affecting the administration of Justice  Which was considered as engrossed, read a third 

 

[23]

 

time and passed  An act defining the pun-ishment of offences affecting public trusts  Which was considred as engrossed, read a third time and passed  An act defining the punishment of offences against public morals and decency  Which was considered as engrossed read a third time and passed  An act in relation to the general provisions regulating crimes and punishments  Which was considered as engrossed read third time and passed  Your committee have also had before them a bill entitled  An act defining the pun-ishment of offences affecting the security of persons and property with amendments reported yesterday, all of which they recommend for passage  The amendments were read the first time, rule sus-pended, read a second time and adopted  On motion the Bill was considered as engrossed, read a third time and passed

 

[24]

 

Mr Forman from the Committee on Corporations and County organizations reported back a bill entitled  “An act to define the boundaries of the several counties in the Territory of Kansas” and recommend that it be referred to the committee of the whole House. On motion the report has adopted, and the Bill so referred  Mr Richardson from the Committee on Roads and Highways reported back an act entitled  An act to authorize James Frindley to establish a bridge across the Wakarusa river, with the following amendment  strike out 3rd Section and as amended recommend its passage.  The amendment was read the first time, rule sus-pended, read a second time and adopted  The bill was read the third time and passed   Mr Coffey from the Committee on Ways and Means reported back a bill entitled  An act to provide for the

 

[25]

 

paying the clerks of the present Legislative assembly of the Territory of Kansas, with the following amendment  Add to Sec 2nd and also to Rev John T. Peery Chaplain for the two Houses at the rate of three dollars per day from the date of his appointment  The amendment was read the first time, rule suspended, read a second time and adopted  The Bill was read the third time and passed  Mr Strickler from the Committee on Engrossed Bills reported that the com-mittee had examined and found correctly engrossed a bill entitled  An act to establish a Probate Court with the powers and duties of a board of commissioners and to define its jurisdiction  The Bill was read third time and passed  Mr Richardson introduced “a Bill to provide for the removal of seats of Justice in certain cases  Which was read the first time, rule suspended read a second time and 

 

[26]

 

referred to the Committee on Judiciary  Mr Rees introduced a bill entitled ‘An act concerning Gaming”  Which was read the first time, rule suspended, read a second time and referred to the committee on Judi-ciary  Mr Rees introduced a bill entitled  An act respecting Aliens”  Which was read the first time, rule suspended read a second time and referred to the Committee on Judiciary  Mr Chapman from the committee on Enrolled Bills reported as follows  Mr President The committee on Enrolled Bills by leave to report that they have examined and found correctly enrolled, bills of the following titles  An Act to establish a ferry at Whitehead on the Missouri River  An act concerning the action of [XXXXX] An act concerning fraud-ulent conveyances

 

[27]

 

An act respecting Public Administrators  An act to regulate the limitation of Actions  An act concerning Attorneys at Law  An act to locate a Terri-torial road from the Missouri State line to Fort Atkinson  An act to authorize [XXXXX] B Booth to keep a ferry  An act to establish a Territorial road from the town of Kickapoo in the Territory of Kansas to intersect the military road leading from Fort Leavenworth to Fort Riley  An act concering [XXXXX]  An act to incorporate the South Kansas Rail Road Company  An act to incorporate the Kansas Valley Rail Road Company  An act concerning securities  The following message was received from the Governor by Mr [XXXXX] his private secretary  To the Hon. the members of the Council and House of Rep-resentatives of the Territory of Kansas

 

[28]

 

Gentlemen – Although in my message to your bodies under date of the 21st [XXXXX]. I stated I was unable to convince myself of the legality of your session at this place for reasons then given and although that opinion still remains unchanged, yet inasmuch as my reasons were not satisfactory to you, and the Bills passed by your Houses had been up to this time sent to me for approval it is proper that I should inform you that after your adjournnment of yesterday, I received official notification that my functions as Governor of the Territory were terminated.  No successor having [XXXXX] secretary [XXXXX] will of course perform the duties of the office as acting Governor 

Shawnee Man.}          A H Reeder

Labor School  }

 Aug 16, 1855 }

On motion of Mr Coffey the message was ordered to be spread upon the Journal

 

[29]

 

On motion of Mr Rees the Council went into Committee of the whole House to take into consideration a bill entitled  An act to define the boun-daries of the several counties of the Territory of Kansas, Mr Eastin in the chair  After considering the matter so referred, the committee rose, reported prog-ress and asked leave to sit again this afternoon at 2 o’clock  On motion of Mr Donaldson leave was granted  The following message from the House of Represent-atives was received, by Mr Lyle chief clerk  Mr President  I am in-structed by the House of Representatives to inform the Council that House Bills of the following titles have passed the House  An Act concerning Jurors  An act to incorporate the Kansas University  An act to prevent non-residents from Grazing stock in Kansas Territory

 

[30]

 

Also Council Bills passed with amendments  An act for opening and keeping in repair Roads and Highways  An act regulating Ferries  An act supplemental to an act to incorporate the city of Kickapoo  An act concerning Depositions  An act regulating conveyances  An act to organize the county of Arapahoe and to define the boundaries thereof  An act to incorporate the Cofachique association  An act concerning witnesses  An act regulating the practice in courts of chancery   An act concerning the office of county surveyor  An act to establish the office of County Recorder  An act to restrain intercourse with the Indians  An act conering Evidence  An act to establish and regulate Justice’s courts  Also that  The House has concurred 

 

[31]

 

in the Council amendment to Council Bill entitled  An act concerning the statues and Legislative Proceedings  Also  Council amendement to House Bill entitled  An act to establish a Territorial road from White-head to intersect the Fort Leavenworth and Fort Riley road  and that  The following Bills have been introduced  An act concerning Filed notes of Public Surveys  An act to incorporate the Kansas Mining Com-pany  An act to establish the Atchison Bank of Kansas Territory  An act to locate and establish a Territorial road from Lewis Point on the Missouri River to a point on the Grass-hopper creek  Mr Coffey from the Joint committee to whom was referred the resolution in regard to the form of Enrolled Bills, submitted a report  For which see appendix

 

[32]

 

On motion the report was received.  The council then adjourned on motion of Mr Chapman, until 2 o’clock P.M.  Afternoon session  Council met at the appointed time  The following message was received from the House of Representatives, by Mr Johnson a member  Mr President -  I am instructed by the House of Representative to inform the Council that the speaker of the House has signed Enrolled Council Bills of the following titles  An act concerning setoff  An act to declare a certain road a Territorial road  An act concerning Descents and Distributions  An act concerning Coroners  An act incorporating the city of Lawrence Kansas Territory  An act concerning bonds and notes

 

[33]

 

An act for the speedy recovery of debts due on bonds and notes  The following message was received from the House of Representatives by Mr [XXXXX], assistant clerk  Mr President  I am instructed by the House of Representatives to inform the Council that the speaker of the House has signed the following Enrolled council Bills  an act concerning divorce and alimony  An act licensing and controlling auctioneers  An act to incor-porate the [XXXXX] Plank and McAdamized Road Company  On motion of Mr Grover the Council went into Committee of the whole, Mr Eastin in the chair  After considering the matters referred to them, the committee rose, and through Mr Eastin chairman reported progress For report see appendix

 

[34]

 

On motion the report was adopted  On motion of Mr Rees a bill entitled  An act to define the boundaries of the several counties of the Terriotry of Kansas was laid on the Table and made the special order for to-morrow morning at 10 oclock  Mr Rees offered the following resolution  Resolved – that the Council will not agree to name any county after any member or officer of this Legislative Assembly  Mr Strickler moved to lay the resolution on the Table  The ayes and noes being called for the members Voted as follows 

Ayes Messrs Strickler, Coffey, Eastin and President

Noes Messrs Barbee Chapman Donaldson Forman House Lykins McDonald Rees and Richardson

And so the motion failed

 

[35]

 

The question recurring upon the adoption of the resolution  The members voted as follows

Ayes Messrs Barbee Chapman McDonald Rees and Forman

Noes Messrs Coffey Donaldson Eastin Grover Lykins Richardson Strickler Mr President 

And so the said resolu-tion was lost  The following mes-sage was received from the House of Representatives by Mr [XXXXX] Assistant Clerk  Mr President  I am instructed by the House of Representatives to in-form the Council that that the speaker of the House has signed Enrolled Council Bills of the Follow-ing titles  An Act to locate a Territorial road from the Missouri state line to Fort Atkinson

 

[36]

 

An act respecting public administrations  An act concerning securities  An act to incorporate the South Kansas Rail Road company  An act to establish a Territorial road form the Town of Kickapoo in the Territory of Kansas to intersect the military road leading from Fort Leaven-worth to Fort Riley  An act to incorporate the Kansas Valley Rail Road company  An act concerning the Action of Detinue  An act concerning fraudulent conveyances  An act concerning Attorneys at Law  An act to establish a ferry at Whitehead on the Missouri river  An act to regulate the limitation of actions  An act concerning inquests  An act to authorize Fox B Booth to keep a ferry  On motion of Mr Eastin the council adjourned.

 

[37]

 

Friday Morning

Aug 17th 1855 

The Council met pursuant to adjournment  Prayer was offered by the Rev. Mr Peery of the Methodist Church South  The Roll was called Absent Messrs Barbee and Strickler  The Journal of the preceding day was read and approved  Mr Richardson moved that a bill entitled  An act to define the boundaries of the several counties of the Territory of Kansas be now taken up, in accor-dance with the order of yesterday  Which was accordingly done  Mr Grover offered the following amendment to sec. 26  Provided that in no case shall the south boundary of Atchison county be so [XXXXX] as to include the town of Kickapoo or any portion thereof in the county of Atchison  Which amendment was read the first time, rule suspended, read a second

 

[38]

 

time and agreed to  The following message was received form the House of Representatives, by Mr Lyle Chief Clerk  Mr Preisdent –  I am instructed by the House of Representatives to inform the Council that the following bills have been introduced into the House  An act to provide for the erection of the Capitol and other public buildings  An act supplemen-tal to an act entitled an act to establish a Territorial road from a point opposite Boston Missouri to a point on the California road at or near the Half-way Grave in the Territory of Kansas  An act concerning roads  An act to provide for the establishment of common schools  An act to restrain Gaming  An act concerning a Territorial Printer  An act concering Mills and Millers

 

[39]

 

An act for the relief of Debtors  An act to provide for a call of a convention to form a state constitution  also that  The following House Bills have passed  An act to prevent obstructions across the Big Sugar Creek  An act to incorporate the Delaware Town company  Also  The following council Bills  An act to declare a certain road a Territorial road  An act regulating the unit of ad quod damnum  An act to provide for the support of the Poor   An act to establish the office of county Treasurer  An act to incorporate the Doniphan Town Company  An act regulating bills  An act to incorporate a ferry in the Territory of Kansas opposite the Town of [XXXXX] in Missouri  And also  That the council concurrent resolution relating to printing the Journals of the two Houses has passed the House with amendment

 

[40]

 

On motion of Mr Don-aldson leave of absence was granted to Mr Johnson  Mr Strickler offered the following amendment ot the Bill under consideration  Amend Sixth section by inserting after the word miles, to a point equi-distance between the limits embraced in the orginal plats of the Towns of Lecompton and Tecumseh  Which was read the first time, rule suspen-ded, read a second time and agreed to  On motion of Mr Richardson the vote adop-ting the report of the committee of the whole was reconsidered  On motion of Mr Rich-ardson the Amendment to the 38-th sec. offered by Mr Eastlin was disagreed to  Mr Strickler moved to amend by naming Indianola as the county seat instead of Calhoun  The motion was lost  On motion Mr Eastin the Council adjourned

 

[41]

 

Afternoon Session 

The Council met at the usual hour – Mr Rees in the chair  Mr Chapman from the Committee on Enrolled Bills submitted a report from the joint committee of Enrolled Bills  For which see appendix  Mr Forman from the Committee on Corpora-tions and County organiza-tions reported back an act entitled  An act concerning the Plats of Towns and villages, with the following amendment  Amend Sec 5th by adding Provided, that this section shall in no [XXXXX] apply to towns and villages heretofore laid out, or which shall be laid out prior to the organiza-tion of counties and the appointment and qualifI-cation of officers therein, but in all such cases the proprietor or propietors of such towns or villages shall fill within three months after the

 

[42]

 

establishment of the office of recorder in the respective counties, the plats or additions required to be filed by the 3rd sec of this Act  Amend by adding an additional Sec [XXXXX] as follows  The plats of all towns and villages which have heretofore been laid off, or which may hereafter be laid off on the public lands within this Territory shall be filed with the recorder as aforesaid, which plats shall accu-rately set forth the streets squares, alleys parks and avenues and the width and [XXXXX] thereof which are intended for public use and when so filed they shall be deemed a sufficient conveyance of such streets, squares, alleys, parks and avenues to such purposes, and any person occupying or in any [XXXXX] obstructing such streets, squares, alleys parks or avenues shall be held liable for damages as if such streets, squares, parks or avenues had

 

[43]

 

been absolutely conveyed to public use as in the third section specified  The amendments were read the first time, rule suspended, read a second time and adopted  The bill was then considered as engrossed read a third time and passed  The Committee rec-ommended the passage of the following bill without amendment  An act to establish a ferry across the Kansas river at the town of Law-rence Kansas Territory  Which was read the third time and passed  Mr Strickler from the Committee on Engrossed Bills reported that they had examined and found correctly en-grossed a bill entitled  An act to establish the Treasury Deparmtnet and to define the powers and duties of Treasurer and auditor, To which Mr Rees offered the following amendments  Insert after the words “Public Accounts” the words who

 

[44]

 

Shall hold their offices for four years and until their successors are duly elected and qualified and  Amend Sec 1  strike out elected 1st line and insert appointed strike out in 2nd and 3rd lines joint session of the two Houses and insert by the Governor, by and with the advice and consent of the Legislative Council  The amendments were read the first time rule suspended, read a second time and adopted  The bill was then read the third time and passed  Mr Rees from the Committee on Judiciary reported back the following bills without amendment and recommended their passage  An act to prohibit the Keeping of Billiard Tables  Which was considered as engrossed read a third time and passed

 

[45]

 

An act concerning Gaming  Which was considered as engrossed, read a third time and passed  An act respecting Aliens  Which was considered as engrossed read a third time and passed  Your committee have had before them a bill entitled  A bill to provide for the removal of seats of Justice in certain cases,  To which your committee propose the following amend-ments  Strike out in title “a bill” and insert “an act”  Amen Sec 35  strike out at the close ‘approved March 8 1845’ and as amended rec-ommend its passage  The amendments were read the first time rule, suspended, read a second time and adopted  The Bill was then considred as engrossed read a third time and passed 

 

[46]

 

Mr Grover from the committee on Elections reported back House Bill entitled  An act to regulate elections with the following amendments  In amendment to Sec 5th strike out the word “of” in sixth line and insert “or’  In sec 7th strike out all after the word “faithfully” in 5th line and insert “discharge the duties of clerk according to law and the best of their abiliites  In sec 9th strike out all after the word [XXXXX] in 3rd line  In Sec 10th strike out after the word “the” in 3rd line the words “vote of each elector” and insert name of each voter.  In sec 11th insert after the word “Territory” in 4th line “and of the county or District in which he offered to vote  In sec 12th insert after the word “presented” in 2nd line “and who shall have resided in this Territory thirty days prior to the election at which he may offer himself as a candidate 

 

[47]

 

In sec 35 strike out the word “by” in third line and insert “but”  Add to Sec 6th the certificates shall be in the following form to [XXXXX] – we the undersigned Judges of the Election in – election district certify that the foregoing is a correct list of the notes given at an election held on the day of – AD – as witness our hands this – day of – A D –

                                                            AB

Attest                                                  CD     

OHB} Clerks of Election                    Judges

CHG}

The amendments were read the first time rule suspended, read a second time and adopted  Mr Coffey offered the following amendment  All elections shall be by ballot  Which was read the first time, rule suspended, read a second time and adopted  The Bill was then read the third time and passed  On the passage of which 

 

[48]

 

The ayes and noes being called for the members votes as follows

Ayes Messrs Coffey Donaldson Forman Grove Lykins McDonald Rees Richardson Strickler

Noe Mr Chapman

Messrs Barbee, Eastin and President absent, the latter on leave  Mr Richardson introduced a bill entitled  An act to establish a Territorial road from the Missouri State line near Turkey creek bridge to intersect the Westport and Lawrence road near the Gum spring  Which was read the first time, rule suspended, read a sec-ond time, and referred to committee on Roads and Highways  Mr Grove introduced a bill entitled  An act providing for the office sheriff and prescribing his duties

 

[49]

 

Which was read the first time, rule suspended read a second time and refereed to Committee on Judiciary  Mr Grover introduced a bill entitled  An act to establish the office of District Attorney and to define his duties  Which was read the first time, rule suspen-ded, read a second time and referred to the committee on Judiciary  Mr Grover introduced a bill entitled  An act presenting the jurisdiction and terms of the District Court  Which was read the first time, rule sus-pended, read a second time and referred to the Committee on Judiciary  On motion of Mr McDonald the rules were sus-pended and House [XXXXX] taken up  House Bill 121 entitled  An act to incorporate the Kansas University was taken up read the first time, rule suspended, read a second time and referred to the Committee on Education

 

[50]

 

House Bill 190 entitled  An act to incorporate the Delaware Town Company was read the first time, rule suspended, read a second time and referred to the Committee on Corporations and County organizations House Bill 116 entitled  An act to prevent obstructions across the Big Sugar Creek was read the first time, rule suspended, read a second time and referred to the Committee on Roads and Highways  [XXXXX] entitled  An act to regulate mills, was taken up and House amendments thereto were read the first time rule suspended, read a second time, rule again suspended read a third time and adopted  House amendments to Council Bill entitled  An act to establish the office of County Treasureer were read the first time rule suspended, read a second time, rule again suspended, read a

 

[51]

 

third time and adopted  House Bill 127 entitled  An act concerning Jurors was read the first time, rule suspended, read a second time, and referred to the Committee on Judiciary  House amendments to Council Bill [XXXXX] entitled  An act to establish and regulate Justices Courts were read the first time, rule suspended, read a second time, rule again suspended read a third time and adopted  House amendments to council Bill 76 entitled  An act concerning Evidence, were read the first time, rules suspended read a second time, rule again suspended, read a third time and adopted  House amendments to council Bill entitled  An act concerning the office of County Surveyor were read the first time rule suspended, read a second time and referred to the committee on Judiciary  House amendments to Council Bill 80 entitled

 

[52]

 

An act concerning witnesses were read the first time, rule suspended and read a second time  On motion of Mr Rees that part of House amendment which strikes out council amendments the 21 sec of the Bill was disagreed to  The remaining amendments were then read the third time and adopted  House amendments to Council Bill 82 entitled  An act regulating the practice in courts of chancery were read the first time rule suspended, read a second time rule rule again suspended read a third time and adopted  House Bill 108 entitled  An act to prevent non-residents from grazing stock in Kansas Territory was read the first time, rule suspended read a second time, and referreed to the committee on Judiciary  House Amendments to Council Bill 91 entitled  An act regulating Ferries were read the the first time, rule suspended

 

[53]

 

read a second time, rule again suspended, read a third time and adopted  House amendments to Council Bill 12 entitled  An act to establish the office of County Recorder were read the first time rule suspended, read a second time, rule again suspended, read a third time and adopted  House amendments to Council Bill entitled  An act to restrain inter-course with the Indians was read the first time rule suspended, read a second time, and referred to the committee on Judiciary  House Amendments to Council Bill 78 entitled  An act regulating con-veyances were read the first time rule suspen-ded, read a second time, rule again suspended read a third time and adopted House amendments to Council Concurrent Resolution pro-viding for the printing of the Journals were read the first time, and referred to the Committee on Printing

 

[54]

 

On motion of Mr Coffey a bill entitled  An act regulating the interest of money was taken up,  On motion of Mr Coffey a committee of conference was appointed to meet a like committee from the House with the new of considering the provisions of the Bill  The chair appointed Messrs Coffey, Richardson and Grover as such committee  Mr Rees introduced a bill entitled   An act to incorporate the Leavenworth Jail association  Which was read the first time, rule suspended read a second time and referred to the Committee on Corporations and County organizations  Mr Rees introduced a bill entitled  An act respecting Notaries Public  Which was read the first time, rule suspended read a second time and referred to the Committee on Judiciary

 

[55]

 

 Mr Rees introduced a bill entitled  An act concerning Patrols  Which was read the first time, rule suspended read a second time and referred to the Committee on Judiciary  Mr Rees introduced a bill entitled  An act fixing the time of the meeting of the Legislative Assembly  Which was read the first time, rule suspended bill read a second time and referred to the committee on Judiciary  Mr Rees introduced a bill entitled   An act to provide for filling vacancies in the Legislative Assembly  Which was read the first time, rule suspended, read a second time and referred to the committee on Judiciary  Mr Rees introduced a bill entitled  An act providing for change of revue in civil cases  Which was read the first time, rule suspended

 

[56]

 

read a second time and referred to the Committee on Judiciary  Mr Rees introduced a bill entitled  An act to prevent certain trespasses  Which was read the first time, rule sus-pended, read a second time, rule again sus-pended, considered as engrossed read a third time and passed  Mr Rees introduced a bill entitled  An act for the reg-ulation and management of the Territorial library  Which was read the first time, rule suspended read a second time, and referred to the Committee on Judiciary  Mr Rees introduced a bill entitled  An act author-izing the Council and House of Representatives to punish for contempt & other purposes  Which was read the first time, rule suspen-ded, read a second time and referred to the com-mittee on Judiciary

 

[57]

 

Mr Rees introduced a bill entitled  An act providing for commissioner of the Permanet seat of Government  Which was read the first time, rule suspended read a second time, and referred to the Committee on Judiciary  Mr Rees introduced a bill entitled  An act regulating practice in the Supreme Court,  Which was read the first time, rule suspended read a second time and referred to the Committee on Judiciary  Mr Rees introduced a bill entitled  An act to provide for taking the census  Which was read the first time rule suspen-ded, read a second time and referred to the commit-tee on Judiciary  Mr Rees introduced a bill entitled  An act to provide for building Bridges  Which was read the first time, rule suspended

 

[58]

 

read a second time and referred to the committee on Judiciary  Mr Rees introduced a bill entitled An act to regulate actions on Penal Bonds  Which was read the first time, rule suspen-ded, read a second time and referred to the committee on on Judiciary  On motion of Mr Forman the vote adop-ting bill entitled  An act to define the boundaries of the several counties of this Territory was reconsidered  Mr Forman moved to amend by way of Rydor as follows  strike out in Sec 36 after the word “at” in 3rd line the words “the first” and insert “a special”  The amendment was read the first time, rule suspended, read a second time and adopted. The main Bill was then read by its title the third time & passed  Mr Strickler offered the following amendment,  Amend by organizing the counties of Johnson, Wash-ington and Shawnee, 20

 

[59]

 

miles wide and 24 miles deep.  The County of Johnson shall be bounded as follows. Beginning [XXXXX] the main channel of the Kansas river where said channel crosses the Missouri State line, thence South 24 miles, thence west 20 miles. Thence north to the main channel of the Kansas River, thence down the same to the place of beginning –  The County of Washington shall be bounded as follows. Beginning at the Northwest Corner of Johnson county thence south 24 miles, thence West 20 miles, thence north to the main chan-nel of the Kansas River, then down said channel to the place of Beginning.  The county of Shawnee shall be bounded as follows. Beginning as the North-West Corner of Washington County thence south 24 miles, thence west 20 miles, thence north to the main channel of the Kansas River, then down said channel to the place of beginning – which amendement was lost. Mr Strickler thereupon offered the following amendment,  Amend Sixth Section by inserting after the word mile to a point equidistant between the limits em-braced in the orginal plats of the towns of Lecompton and Tecumseh

 

[60]

 

which was read the first time Rule suspended, read a second time and agreed to on motion of Mr Coffey the council adjourned

 

[61]

 

Saturday Morning

Aug 18th 1855 

The Council met pursuant to adournment  The Roll was called  Absent Messrs Chapman, Donaldson, and McDonald  The Journal of the pre-ceding day was read amended and approved  Mr Rees from the Com-mittee on Judiciary reported that they had had before them the following Bills  House Bill entitled  An act to prevent non-res-idents from grazing stock in Kansas Territory  Your committee deem the subject of this Bill belongs to the committee on Agri-culture and having no disposition to reap the honors justly due to another com-mittee they respectfully recommend that this bill be referred to the committee on Agriculture  On motion of Mr Richard-son the report was disagreed to, and the bill being then before the Council was read a third time and passed  The Committee recommend

 

[62]

 

that the Council concur in House amendments to Council Bill entitled  An act to restrain intercourse with the Indians  The amendments were then read the third time and passed  House amendments to Council Bill entitled  An act regulating conveyances were read the third time and adopted  House amendments to Council Bill entitled  An act concerning the office of County Surveyor were read the third time and adopted  House Bill entitled  An act concerning Jurors, was read the third time and passed  Council Bill entitled  An act respecting Notaries Public was on moition of Mr Rees con-sidered as engrossed, read a third time and passed  An act regulating practice in the supreme court, was on motion considered as engrossed read a third time and passed

 

[63]

 

An act prescribing the jurisdiction and terms of the District Court, was on motion considered as engrossed, read a third time and passed   An act providing for the office of Sheriff and prescribing his duties was on motion considered as engrossed, read a third time and passed  An act providing for changes of revue in civil cases, was consid-ered as engrossed, read a third time and passed  An act to regulate actions on Penal Bonds was considered as engrossed, read a third time and passed  An act fixing the time of the meeting of the Legislative Assembly was considered as en-grossed, read a third time and passed  An act to provide for filling vacancies in the Legislative Assembly was considered as engrossed read a third time and passed  An act authorizing the Council and House of

 

[64]

 

Representatives to punish for contempt and for other purposes, was considered as engrossed, read a third time and passed  An act to provide for commissioner of the permanent seat of Government, was on motion considered as engrossed read a third time and passed  An act for the reg-ulation and manage-ment of the Territorial Library  To which Mr Strickler offered the following amendment  Sec 1st – strike out the “clerk of the Supreme Court” and insert “Auditor of public accounts”  The amendment was read the first time, rule suspended, read a second time and adopted.  The Bill was then considered as engrossed read the third time and passed  An act to provide for taking the census of the Territory, was on motion considered as engrossed, read the third time and passed

 

[65]

 

An act to provide for building bridges was on motion considered as engrossed read the third time and passed  An act concerning Patrols, was considered as engrossed, read the third time and passed  Mr Richardson from the Committee on Roads and Highways reported back the following bills and recommended the passage of same  An act to establish a territorial road form the Missouri state line near Turkey creek bridge to inter-sect the Westport and Lawrence Road near Gum spring.  Which was consid-ered as engrossed read a third time and passed  House Bill 116 entitled  An act to prevent obstructions across the Big Sugar creek  Which was on motion of Mr Coffey laid on the table  An act for opening and keeping in repair roads and highways, with House amendments

 

[66]

 

Which were considered as engrossed, read the third time and passed  On motion of Mr Grover the rules were suspended for purposes indicated  On motion of Mr Grover, Resolved  - That the House of Representatives be requested to return to the Council House Bill, entitled  An act to regulate Elections  Mr Chapman from the Committee on Enrolled Bill made the following report -   Mr President  The Com-mittee on Enrolled Bills by leave to report that they have examined and found correctly enrolled a bill of the following title  An act to locate the seat of Government  Mr Lykins from the committee on Indian Relations, to whom was referred a resolution provi-ding for the appointment of a committee to confer with the Delaware Indians in regard to changing

 

[67]

 

their treaty, reported back the same and recommended its adoption together with the propriety of of preparing a memorial to Congress on the subject of Indian lands in Kansas Territory  The resolution was read the second time and adopted  Mr Strickler from the Committee on Engrossed Bills reported back as correctly engrossed  An act to provide for the collection of Revenue  Mr Strickler offered the following amendment  strike out Section 21st  The amendment was read the first time, rule suspended, read a second time and adopted.  The Bill was then read the third time and passed  Mr Forman from the Committee on Corporations and County organizations reported back the following bills and recommended their passage  House Bill [XXXXX] entitled  An act to incorporate the Delaware Town Company  Which was read

 

[68]

 

the third time and passed  An act to incorporate the Leavenworth Jail com-pany,  Which was consid-ered as engrossed, read the third time and passed  Mr Rees introduced a bill entitled  An act in relation to certain citizens  Which was read the first time rule suspended, read the second time and referred to the Committee on Judiciary  Mr Rees introduced a bill entitled   An act to incor-porate the Town of Delaware  Which was read the first time, rule suspended, read the second time and referred ot the Committee on Corporations and County organizations  The following message was received from the House of Representatives by Mr Lyle Chief clerk  Mr President  I am instruct-ted by the House of Repre-sentatives to inform the council that the following bills have been introduced

 

[69]

 

into the House  An act to incorporate the Calhoun Town Company   An act to incorporate the Mount Vernon Town Company  An act to repeal all laws hitherto in force in the Territory  An act to provide for the taking of the census of the people of Kansas Territory  And that the following House Bills have passed  An act concerning Mills and Millers  An act to provide for the establishment of common schools  An act to incorporate the Kansas Mining Company  An act to locate and establish a Territorial road from Lewis Point on the Missouri River to a point on the Grasshopper creek  An act to provide for a call of a convention to form a state constitution and that  The House has amended Council Amendment to House Bill 129 entitled  An act to provide for paying the clerks of the Leg-

 

[70]

 

-islative Assembly of the Territory of Kansas  And that  The House has disagree to Council Amendment to House Bill entitled  An act to author-ize James Findley to establish a Bridge across the Wakarusa river  And that  The House has passed a Concurrent resolution to appoint a Joint committee to report a bill to lay off the Territory into Districts and to apportion representation in the Council and House of Representatives  And that the following Council Bills have passed  An act to incorporate the Leavenworth and Le-compton Rail Road Company with amendments  A Bill to incorporate the Kansas Valley Central Rail Road Company with amendments  An act to incorporate the Occidental Telegraph Company  An act to provide for the partition of lands and personal property with amendments  An act to incorporate a

 

[71]

 

University at Fort Scott Kansas Territory  An act to regulate the action of Ejectment with amendments  An act to regulate proceedings in criminal cases with amendments  and that  The House has concurred in Council amendment to House Bill entitled  An act appropriating certain funds for the support of common schools  Mr Richardson introduced a bill entitled  An act for the protection of Married Women  Whichh was read the first time, rule suspended, read the second time and referred to the committee on Judiciary  On motion of Mr Grover the vote on the passage of a bill entitled  An act to regulate Elections was reconsidered  Messrs Grover and Johnson proposed amendments but after discussing the same the Bill with the proposed amendments was laid on the table till Monday

 

[72]

 

Mr Rees introduced a bill entitled  An act to incorporate the Kaw River Telegraph Company  Which was read the first time, rule suspen-ded, read the second time and referred to the Committee on Corporations and County organizations  On motion of Mr Chapman the C. adjourned  Afternoon Session  Council met at the regular hour  On motion of Mr Barbee the rules were suspended.  Mr Barbee introduced a bill entitled  An act taking off of the sixth and adding to 5th Council District  Which was read the first time, rule suspended read a second time and referred to the Committee on Judiciary  Mr Barbee introduced a bill entitled  An act to declare the road leading from Fort Atkisnon to Bents old Fort a Territorial road,

 

[73]

 

Which was read the first time, rule suspen-ded, read a second time and referred to the Committee on Roads and Highways  House Amendments to Council Bill entitled  A Bill to incorporate the Kansas Central Rail Road company were read the third time and adopted  House amendments to Council Bill entitled  An act regulating the action of Ejectment were read the third time and adopted  House Bill 140 entitled  An act to provide for a call of a convention to form a state constitution was read the first time rule suppended, read the second time, rule again suspended, read the third time and passed  House Bill 132 entitled  An act to incorporate the Kansas Mining Company was read the first time rule suspended and read the second time.  Mr Grover proposed the following amendment  Insert before Kansas in enacting clause “the Territory

 

[74]

 

 

of” – Which was read the first time, rule sus-pended, read a second time and adopted  The Bill was read then referred to the Committee on Corporations and County organizations  House Bill entitled  An act locate and establish a Territorial road from Lewis’ Point on the Missouri River to a point on the Grasshopper creek  Which was read the first time, rule suspen-ded, read the second time and referred to the Committee on Roads and Highways  House Bill 129 entitled  An act to provide for paying the Clerks of the Legislative Assembly of the Territory of Kansas was taken up  On motion the House amendments to the Council Amendments were disagreed to  House amendments to Council Bill entitled  An act to regulate proceedings in criminal cases

 

[75]

 

were read the first time rule suspended, read the second time and referred to the committee on Judiciary  House Concurrent Resolution providing for laying off, [XXXXX] and distributing the proper representation was read the first time, rule suspen-ded read the second time and adopted  House Bill 74 entitled  An act to authorize James Findley to establish a Bridge across the Wakarusa River was taken up and on motion the council disagreed to the House Amendments  House amendments to Council Bill entitled  An act to provide for the partition of land and personal property were read the first time, rule suspended read the second time and adopted  House Bill 135 entitled  An act to provide for the establishment of common schools, was read the first time, rule suspended, read the second time and referred

 

[76]

 

to the Committee on Education  House amendments to Council Bill entitled  An act to incorporate the Leavenworth and Lecompton Rail Road company, were read the first time, rule suspended, read the second time, rule again suspended read the third time and adopted  On motion of Mr Coffey a bill entitled  An act to prevent obstructions across the Big Sugar creek, was taken up.  Mr Coffey offered the following amendment  Provided, that nothing herein contained shall be construed to prevent the building of bridges across said stream so as not to obstructs its free passage  The amendment was read the first time, rule sus-pended, & read the second time and adopted  The Bill was then read the third time and passed  Mr Coffey introduced a bill entitled  An act to incorporate

 

[77]

 

the Paola Town Company  Which was read the first time, rule suspended read the second time and referred to the Committee on Corporations and County organizations  On motion of Mr Eastin the Council adjourned 

Monday Morning 

Aug 20th 1855 

The Council met pursuant to adjournment  Prayer was offered by Rev. Mr Peery Chaplain  The Roll was called Absent Messrs Chapman Eastin and McDonald  The Journal was read and approved  The Committte on Enrolled Bills through Mr Chapman made the following report  Mr President  The Committee on Enrolled Bills beg leave to report that they have examined and found correctly enrolled

 

[78]

 

bills of the following titles  An act to organize the county of Arapaho  An act to incorporate a ferry in the territory of Kansas opposite the town of Iatan in Missouri  An act concerning Boatmen  An act supplemental to an act entitled an act to incorporate the city of Kickapoo  An act establishing a ferry at the town of Don-iphan in the Territory of Kansas  An act to incorporate the city of Pawnee  An act designating the pay of officers  An act to provide for the support of the Poor  An act to incorporate the Doniphan Town Company  An act giving meaning to the word state   The committee on Roads and Highways through Mr Richardson reported back without amendment a bill entitled  An act to declare the road leading from Fort

 

[79]

 

Atkisnon to Bent’s Old Fort a Territorial road  Which was considered as engrossed read the third time and passed  House Bill 132 entitled  An act to locate and establish a Territorial road from Lewis’ point on the Missouri River to a point on Grasshopper creek, with the following amendment strike out in 1st sec. all after the word Atchison and insert to Iola, crosses Inde-pendence creek  Which amendment was read the first time, rule suspended, read the second time and adopted  The Bill was then read the third time and passed  The committee on Corporations and County organizations through Mr Forman Chairman reported back the following bills  A Bill to incorporate the Kansas Mining Company with the following amendment  Add to Section 1st “neces-sary to carry out the objects of said company”  strike out section 14th entire and when so amended your committee recommend the passage of the bill

 

[80]

 

The amendments were read the first time, rule suspended, read a second time and adopted  The Bill was then read the third time and passed  An act to incorporate the Kaw River Telegraphic company  Which was considered as engrossed, read the third time and passed  An act to incorporate the Town of Delaware  Which was considered as engrossed, read the third time and passed  An act to incorporate the Paola Town Company  Which was con-sidered as engrossed read the third time and passed  Mr Lykins from the Committee on Education submitted the following majority report  An act to establish a university at Leavenworth has been examined and a majority of the Committee recommend its passage  House Bill entitled  An act to grant preemptions on school-lands in certain cases has been

 

[81]

 

under consideration and your committee recommended its reference to the Judiciary committee Mr Barbee from the same committee submitted the following minority report  The undersigned begs leave to offer the following minority report on the bill entitled  An act to incorporate the Kansas University  Which the minority of the committee has every disposition to favor the cause of Education, regard-less of local or sectional interests, he has no incli-nation to give any one point a monopoly of incorporated bodies, and having offered a similar bill at an earlier day, lo-cating a Territorial University at Fort Scott (a point much more central than the place asignated in this bill) the only objection to which is doubtless, in the minds of some, that it is not in the Northern third of the Territory but that it is in that locality of which they are jealous being so [XXXXX] supplied with buildings and other conveniences

 

[82]

 

as to excite the jealousy of less favored localities  Mr Barbee moved that the minority report be adopted in lieu of the majority  Which was lost  Mr Strickler offered the following amendment to the bill entitled  An act to incorporate the Kansas University  Amend Sec 14th  Provided that nothing herein contained shall be construed to give said university any preference or advantage over any other university or Insti-tution of learning incorporated by the present Legislative assembly, but that in reference to endowment or legislative aid by gift grant directly or by impli-cation all shall stand upon the same footing and be entitled to the same rights and advan-tages.  The amendment was read the first time rule suspended, read a second time and adopted

 

[83]

 

Mr Barbee offered the following amendment  Strike out the word Kansas and insert the word Leavenworth in title  The amendment was lost  On motion the Bill was considered as engrossed read a third time and passed  On motion of Mr Forman the bill entitled  An act to grant pre-emptions on school lands in certain cases was refer-red to the Committee on Judiciary  Message from the House by Mr Lyle Chief Clerk  Mr President  I am instruc-ted by the House of Represent-atives to inform the Council that Bills of the following titles have been introduced into the House  An act to incorporate the Louisiana Town Company  An act to provide for the erection of the Capitol and other buildings  An act for the location and government of the Peniten-tiary  An act creating a Territorial University

 

[84]

 

And that  The following House Bills have passed  An act to establish a Territorial Road from the Willow Springs to Douglas  An act supplemental to an act to establish a Territorial Road from a point opposite Boston Missouri to a point on the California Road at or near the Half-way Grove in the Territory of Kansas  and that  The House has agreed to Council amendments to Secs. 5, 34, 35, 36, 37, 18, 22, and 6  And has to sec 25 offered an amendment to the Council amendment  That the House has disagreed to the other council amend-ments ot the House Bill entitled  An act to define the boundaries of the several counties of the Territory of Kansas  Also that  The House has passed the following Council Bills  An act to declare certain roads public

 

[85]

 

Highways  An act to locate a Territorial road  An act to provide for the election of Public Printer  And that  The following Council Bills have been rejected  An act to locate a Ter-ritorial road from a point opposite Westpoint Mis-souri to Marysville Kansas Territory  An act to establish a Territorial road from Mr Kings to the Catholic Osage Mission  The Committee on Judiciary through Mr Rees chairman reported back the following bills  An act taking off the 5th and adding to the 6th Council District  Your committee are satisfied that the Legislature has the power to make the changes asked for as to the [XXXXX] of making the change, it is a subject which more properly comes under the consideration of another committee and they recommend its reference to the Committee on Elections

 

[86]

 

Which was accordingly done  Council Bill entitled  An act to exempt from sale on Execution certain lands and tenants  And House Bill entitled  An act to exempt Homesteads and certain other property from exe-cution  These Bills contain the same general principles differing only in details and the amount of the exemption  A majority of your committee are unwilling to recommend the passage of either of the Bills in their present form, they recognize the principle of a limited and properly guarded and restricted exemption but as they are desirous to have a full fair and unbiased expression of the Council upon the question of Homestead exemption they prefer to report these bills back to the Council without amendment or recommendation of passage or rejection

 

[87]

 

Mr Grover from the same committee made a minority report on the before mentioned bills  [XXXXX] Appendix  An act to regulate proceedings in Criminal cases, to which your committee recommend House amendments  Which were read the third time and adopted  On motion of Mr Coffey the two Homestead Bills were made the order for 3 o’clock this afternoon  Mr Rees from the committee on Judiciary made a special report on a bill entitled  An act for the protection of Married Women For which see appendix  On motion of Mr Richardson the bill was referred to the Committee of the whole  Mr Rees introduced a bill entitled  An act to incorporate the Leavenworth Insurance Company  Which was read the first time, rule suspended read a second time and referred to the Committee on Corporations and County

 

[88]

 

organizations  On motion of Mr Grover a bill entiled  An act to regulate Elections was taken up  On motion of Mr Lykins the Council adjourned  Afternoon Session  The Council met at the usual hour  Mr Coffey offered the following amendment to an act entitled  An act to regulate Elections  Amend in the 11th Sec. – after the word officers insert “and all Indians who are inhabiatants of this Territory and who may have adopted the customs of the white man, and who are liable to pay taxes, shall be deemed citizens  Mr Gover offered the following substitute for the amendment  Strike out all after the word Indian in 2nd line and before provided in 6th line and insert  Inhabitant above

 

[89]

 

the age of twenty one years who has resided in the Territory of Kansas one year and who is the owner of lands subject to taxation and who has adopted the habits and customs of white men shall be a legal voter and citizen  On motion to adopt the substitute the members voted as follows

Ayes Mesrs Barbee Eastin Grover

Noes Messrs. Chapman Coffey Forman Lykins Rees Richardson Strickler President 

And so the substitute was lost  The amendment offered by Mr Coffey was thereupon read the second time and adopted  The Bill was read the third time and passed  On motion of Mr Rees a bill entitled  An act concerning bills of Exchange and negotiable promissory notes

 

[90]

 

was taken up  Mr Richardson moved the adoption of the following amendment  Sec 15th Every promissory note for “the payment of money expressed on the face thereof, to be for value received negotiable and payable without defalcation shall be due and payable as therein expressed, and shall have the same effect and be negotiable in like manner, as inland bills of exchange  The ayes and noes being called for the members voted as follows 

Ayes Messrs. Eastin Lykins Richardson Strickler President 

Noes Messrs Barbee Chapman Coffey Donaldson Forman Grover Rees

And so the amendment was lost  Mr Richardson moved to lay the bill on the table [XXXXX]

 

[91]

 

The Bill was considered as engrossed read the third time and passed  On motion the Council resolved itself into the Com-mittee of the Whole, Mr Rees in the chair, to act upon the bills so referred  After considering the matters before them the committee rose and through Mr Rees chairman reported progress as follows  The committee recommend that House Bill be laid on the table and that Council Bill be passed with the following amendment  Insert Seven Hundred and Fifty instead of One Thousand wherever it occurs.  And that an act providing for married woman be adopted  The amendment was read the second time and adopted,  Upon the question being put shall the bill entitled  An act to exempt from sale on execution certain lands and tenements, be now passed, the ayes and noes were called for and the members voted as follows

 

[92]

 

Ayes Messrs Coffey Donaldson Eastin Grover Lykins Richardson Strickler President

Noes Messrs Barbee Chapman Forman Rees

And so the Bill passed  On motion of Mr Rees leave of absence was granted to Mr McDonald  On motion of Mr Donaldson the bill entitled  An act to provide for married women was considered as engrossed read the third time and passed  On motion the entire report was received  House substitute to Council Bill entitled  An act to prevent the firing of woods marshes and prairies was on motion referred to the Committee on Agriculture  House Bill 157 entitled  An act supple-mental to an act entitled

 

[93]

 

An act to establish a Territorial road from a point opposite Boston Missouri to a point on the California road at or near the Half-way Grove in the Territory of Kansas, was read the first time, rule suspended, read a second time and referred to the Committee on Roads and Highways  On motion of Mr Eastin House amendments to Council Bill entitled  An act to provide for the election of public printer were disagreed to  On motion of Mr Strickler the rules were suspended whereupon he offered the following resolution  Be it resolved by the Council and the House of Representatives concerning therein,  That the constitution of the United States and the spirit and genius of our Government contemplates that the Judiciary shall be and is free and independent of the control and supervision of the President or the appointing Power  That the act known as the Nebraska and Kansas Bill

 

[94]

 

approved the 30th May 1854 clearly defines the Tenure of the office of the Judges of the Supreme Court of the Territory of Kansas for the period of four years and until their successors shall be appointed and qualified  That the Tenure of office of the Judges being thus fixed by law the President has not the Power or the right to remove at his will or Pleasure and that an attempt so to do is in the opinion of this Legislature a violation of law and that it is the imperative duty of the Legislative department of this Territory and of all good citizens to resist this flagrant usurpation of Power coming from whatsoever quarter it way  The resolution was read the first time rule suspended, read a second time and adopted, by the following vote 

Ayes Messrs Barbee Chapman Coffey Donaldson Eastin

 

[95]

 

Forman Grover Lykins Rees Richardson Strickler President

Mr McDonald absent on leave  On motion an act entitled  An act to define the boundaries of the several counties of this Territory was committed to the Committee on Corporations and County Organizations  House Bill 104 entiled  An act to establish a territorial road from the Willow Springs to Douglas was read the first time rule suspended, read a second time and referred to the Committee on Roads and Highways  On motion of Mr Coffey the Council adjourned

 

[96]

 

Tuesday morning

Aug 21, 1855 

The Council met pursuant to adjournment  Prayer was offered by the Rev Mr Perry Chaplain  The Roll was called Absent Messrs Chapman Strickler and President  The Journal of the preceding day was read and approved  The committee on Corp-orations and County organ-izations through Mr Forman chairman reported back and recommen-ded the passage of a bill entitled  An act to incorporate the Leavenworth Insurance Company  Which was considered as engrossed read the third time and passed  A Bill entitled  An act to define the boundaries of the several counties in the Territory of Kansas  Your Committee find that all the Council amend-ments were agreed to except sec 4 which proposed to strike out “Bourbon” and insert Douglas

 

[97]

 

Also Sec 6th, which proposed to strike out Douglas and insert “Washington”  Also – substitute for Sec 25 proposed by Council amended by House, your committee recommend amendments to the House amendment as follows, strike out in 5th line the letters “N & S” and insert north & south  Insert in 10th line between the words “River” and “to” the words in the middle of the main channel thereof and when so amended your committee recom-mend that the House amendments be concurred in  The amendments pro-posed were read the first time, rule suspended, read a second time, rule again suspended, read a third time and adopted  On motion of Mr Grover the vote on the passage of the bill entitled  An act to incorporate the Leavenworth Insurance Company was reconsidered  Whereupon Mr Grover offered to amend by Ryder as follows  strike out the name of

 

[98]

 

[XXXXX] Snell and insert John W Martin in 3rd Sec, 3rd line  Which amendment was read the first time rule suspended, read a second time, rule suspended, read a third time and adopted  The Bill was then read the third time and passed  The committee on Agriculture through Mr Barbee chairman reported back a substitute for House Bill entitled  An act concerning Mills and Millers, and recommend the adoption of the substitute and re-jection of the House Bill   The substitute was read the first time, rule suspended, read a second time, rule again suspended, read a third time and passed  The committee on Judiciary through Mr Rees chairman reported back a bill entitled  An act organizing a chain gang  Your committee have found the

 

[99]

 

subject of punishment for crime to be one of the most difficult questions that has come before them during the session on which to come to a satisfactory conclusion the spirit of the aye seems to be against a system of corporal punishment a few maintaining the doctrine that it is a salutary regulation, but the majority pronounce it to be a relief of barba-rism in this conflict of opinion they had to seek for a system which while it may accommodate the different sentiment and must as far as possible the prejudices of the times may be within our means of appliance imperfect therefore as the system must be they recommend as a substitute a bill entitled  An act providing a system of confinement and hard labor  As the best they can devise and respectfully recommend the passage of this as the result of their investigaitons  The substitute was

 

[100]

 

read the first time, rule suspended, read a second time rule again suspended, read the third time nad passed  The original Bill entitled  An act to organize a chain gang was on motion of Mr Rees indefinitely postponed  The Committee propose the following amendment to a bill entitled  An act to establish the office of District Attorney and to define his duties  strike out of 6th line the words “Except the District comprising the seat of Government  strike out sec 9th entire  The amendments were read the first time rule suspended, read a second time and adopted  The Bill was then read the third time and passed  To an act entitled  An act to grant preemptions to school lands

 

[101]

 

in certain cases  Your committee rec-ommend the following amendments  Insert at the end of the 2nd line in 1st section “over twenty one years of age or the head of a family  Add an additional section 8th as follows  The tribunal trans-acting County business shall hear and determine all applications and proofs concerning rights of pre-emption under this act lying in the respective counties, and where two or more persons shall be located on the same quar-ter section and in all other cases where conflic-ting claims arise under this act, said tribunal shall be governed as near as may be by the regulations and law of the United States which may be in force in this Territory at the time of proving up such rights of pre-emption  Add at the close of the Bill  This act to take effect and be in force from

 

[102]

 

and after its passage  The amendment was read the first time rule suspended, read a second time, and adopted  Mr Strickler offered the following amendment  Where a settler falls upon a school section it shall be the duty of the board of commissioners to appoint an assessor to value the improvements made by the settler upon school section and the said settler shall receive the assessed value thereof and vacate the said claim  Which amendment was lost  The Bill was then read the third time and passed  House Bill entitled  An act to provide for the punishment of offences against the public health.  Which was read the third time and passed  An act in relation to certain citizens

 

[103]

 

Which was considered as engrossed read the third time and passed  On motion of Mr Richardson the vote on the passage of the bill entitled  An act providing a system of confinement and hard labor, was reconsidered  Mr Richardson proposed to fill the first blank in the bill with Two dollars and a half – the second with the same – the third with one dollar and a half  Which was adopted  The Bill was read the third time and passed  The Committee on Roads and Highways through Mr Richardson Chairman reported back without amendment  House Bill entitled  An act to establish a Territorial road from Willow Springs to Douglas  Which was read the third time and passed  An act supplemental to an act entitled an act to establish a Territorial road from a point opposite Boston Missouri to a point on the California

 

[104]

 

road near the Half-way Grove in the Territory of Kansas  Which was read the third time and passed  The committee on Education thorugh Mr Lykins Chairman reported back house Bill entitled  An act to provide for the establishment of common schools, and recommended its passage  Whereupon the Bill was read the third time and passed  On motion of Mr Forman resolved – That the President of the Council be authorized to employ additional Enrolling Clerks when the business of the council may require it – Provided the compensation to such additional clerks shall not exceed the amount paid Enrolling clerks  House Bill entitled  An act to incorporate the Atchison Bank of Kansas Territory was read the first time

 

[105]

 

rule suspended read the second time and referred to a select committee composed of Messrs Coffey Forman and McDonald.  On motion of Mr Forman to Council adjourned  Afternoon Session  The Council met at the usual hour  House Bill 151 entitled  An act supplementary to an act defining the boundaries of Atchison County  Which was read the first time, rule suspended, read the second time, rule again suspended, read the third time and passed  House Bill 139 entitled  An act for the relief of Debtors was read the first time, rule suspended, read the second time, rule again suspended, read the third time and passed  House Bill 149 entitled  An act to provide for the erecting of the capitol and other Public Buildings

 

[106]

 

was read the first time rule suspended, read the second time and referred to the committee on the seat of Government  House Bill 146 entitled  An act to incorporate the Calhoun Town Company was read the first time rule suspended, read the second time, rule again suspended, read the third time and passed  House Bill 150 entitled  An act to incorporate the Louisiana Town Company was read the first time, rule suspended read the second time and referred to the Committee on Corporations and County organizations  House Bill 147 entitled  An act creating the University of Kansas was read the first time rule suspended, read the second time, and referred to the Committee on Education  Mr McDonald offered the following resolution – Resolved – That the House of Representatives be requested to return to this House House Bill entitled  An act to incorporate

 

[107]

 

the Kansas University  Which was lost  House amendments to Council Bill entitled  An act to restrict Dram-shops and taverns, to regulate the sale of intoxicating liquors were read the first time, rule suspended, read the second time, rule again suspended, read the third time and adopted  House Bill 152 entitled  An act to incorporate the Douglas Town Company was read the first time rule suspended, read a second time and referred to the Committee on Corporations and County organizations  House Bill 145 entitled  An act to incorporate the Mount Vernon Town Company was read the first time rule suspen-ded, read the second time and referred to the committee on Corporations and County organizations  The following House Concurrent Resolution was read the first time rule suspended, read a second time and adopted  Resolved By the House of representatives the Council

 

[108]

 

concerning therein that the person appointed to copy the laws, be required to copy the titles of all bills which have passed this Legislative assembly, and furnish a list to the Council and House as soon as practicable, and that the Committeee on Accounts be authorized to certify his account for so doing to the Secretary of the Territory  House Bill 156 entiled  An act to incorporate the Osawkee Town Company was read the first time rule suspended, read the second time, rule again suspended, read the third time and passed  On motion of Mr Grover – Resolved by the Council the House of Representatives concerning therein that the two Houses of this Legislative Assembly of the Territory of Kansas go into Joint session on Saturday the 25th of August at 10 oclock a.m. for the election of such officers as may be provided for by the present Legislative assem-bly aforesaid

 

[109]

 

Mr Grover introduced a bill entitled  An act defining the meaning of certain words,  Which was read the first time, rule suspended read the second, rule again suspended, read a third time and passed  Mr Eastin offered the following resolution  Resolved – That two hun-dred and fifty dollars be allowed for making out a full and complete Index of the Journal of the Council, and that this shall include the pay for copying and revising the same, by the chief and assistant clerks of the Council  Which was read the first time and referred to the Committeee on ways and means  On motion of Mr Grover Resolved – That the President of the Council appoint three members of the Council to memorialize Congress for the donation

 

[110]

 

of a section of land to the Historical and Philosophical Society of Kansas Territory  Whereupon Messrs Grover, Lykins, and Strickler were appointed as such committee  Mr Strickler introduced a bill entitled  An act to organize discipline and govern the Militia of this Territory  Which was read the first time, rule sus-pended, read the second time and referred to the committee on Milita  On the passage of House amendments to Council Bill entitled An act to restrict Dram Shops and Taverns and to regulate the sale of intoxicating liquors the members votes as follows 

Ayes Messrs Coffey Eastin Forman Grover Lykins McDonald Rees

 

[111]

 

Richardson Strickler President 

Noes Messrs Barbee Chapman 

Mr Donaldson absent. And so the amendments were adopted.  On motion of Mr Strickler the council adjourned. 

Wednesday Morning 

Aug 22nd 1855 

The Council met pursuant to adjournment  Prayer was offered by Rev. Mr Perry Chaplain  The Roll was called  Absent Messrs Chapman and Eastin  Hutchison and Thompson were appointed and qualified as additional Enrolling Clerks of the Council  Mr Forman presented three petitions for certain roads  Which were referred without reading to the Committee on Roads and Highways  The Committee on Ways and Means through Mr Coffey

 

[112]

 

chairman reported back a bill entitled  An act to provide for the erection of the Capitol and other public buildings with the following amend-ment  Strike out the name of Samuel P. Jones and insert Thomas Johnson  The amendment was read the first time rule suspended, read a second time, and adopted  The Bill was then read the third time and passed  The Committee have also considered the resolution referred to them fixing the pay of clerks for copying and indexing journal and recommend the adoption of the following as a substitute  Resolved – That three Hundred and fifty dollars be allowed the chief and assistant clerks for copying the Journal of Council, making out a full and complete Index thereto, and superin-tending the printing  Which resolution was read the first time, rule

 

[113]

 

suspended, read a second time and adopted  The Committee on Corporations and County organizations thorugh Mr Forman chairman reported back the following bills  An act to incorporate the Louisiana Town Company with the following amend-ment  In first sec after the name of Jacob Buckley insert “H W [XXXXX]” and as amended the committee recommend its passage  The amendment was read the first time, rule sus-pended, read a second time and adopted  The Bill was then read the third time and passed  An act to incorporate Douglas Town Company  Which was read the third time and passed  An act to incorporate the Mount Vernon Town Company  Which was read the third time and passed  The Committee on Agriculture through Mr Barbee chairman reported back House substitute for Council Bill entitled  An act to prevent the

 

[114]

 

firing of woods, marshes and prairies without recommendation of passage or rejection  The Bill was read the third time and passed  The Committee report that they have examined House Substitute for Bill [XXXXX] 90 entitled  An act respecting Seed Houses, and respectfully recommend its passage  The Bill was acor-dingly read the third time and passed  The Select committee composed of the members worth of the Kansas River to whom was referred the following Bills,  An act to organize the county of Monroe in the Territory of Kansas and to define the boundaries thereof  An act to organize the county of Sullivan in the Territory of Kansas and to define the boundaries thereof and  An act to organize the county of Leavenworth  respectfully report that the bills before your committee have been suspended by

 

[115]

 

another Bill which has met the sanction of this Legislature, they therefore recommend that these Bills be indefinitely postponed  Your committee have also had before them the petition of M A Garrett and others in relation to County boundaries, which they have considered, but the subject matter is now disposed of and they report back the Petition without recommendation   On motion the report was adopted  Mr Coffey from the select committee to whom was referred a bill entitled  An act to incorporate the Atchison Bank of Kansas Territory reported back the same with the following resolution as embodying the views of a majority of the committee in regard to all bank charters at the present session of the Legislature  Resolved – That in the present early stage of our existence as a government the unsettled condition of the population on business relations of society, the doubtful policy of all [XXXXX] private bank incorporations, the absence

 

[116]

 

of any apparent necessity for instituitons of this character also of any expression of the people of the territory on the subject of banking, we deem it inexpedient to charter any banking institution at the present session of the Legislative assembly  A. M. Coffey  John W Forman  Mr McDonald from the minority of same committee moved to disagree to the report  The ayes and noes being called for on the motion the members voted as follows 

Ayes Messrs Barbee Eastin Grover McDonald Rees 

Noes Messrs Chapman Coffey Donaldson Forman Lykins Richardson Strickler President 

And so the motion was lost, and the report accepted  On motion of McDonald the Council took a recess of one hour

 

[117]

 

The Council met at the appointed time  The Sergeant-at-arms has instructed to enforce the attendance of absentees  The following message was received from Acting Governor Woodson  Executing Department 

August 22nd 1855 

To the Honorable Council of the Territory of Kansas  I have the honor to announce that I have approved of Council Bills of the following titles  An act to establish a ferry at Whitehead on the Missouri River  An act concerning descents and distributions  An act licensing and controlling auctioneers  An act concerning attorneys at Law  An act to incorporate the South Kansas Rail Road Company  An act concerning the action of detinue  An act concerning securities  An act to incorporate the Wathena Plank and Mc-adamized Road Company

 

[118]

 

An act for the speedy recovery of debts due on bonds and notes  An act concerning fraudulent conveyances  An act concerning divorce and alimony  An act to regulate the limitation of actions  An act to esetablish a Territorial Road from the Town of Kickapoo in the Territory of Kansas to intersect with the military Road leading from Fort Leavenworth to Fort Riley  An act to incorporate the Kansas Valley Rail Road Company  An act concerning setoffs  An act to locate a Territorial road from the Missouri State line to Fort Atkinson  An act concerning coroners  An act incorporating the city of Lawrence Kansas Territory  An act respecting Public administrators  An act to locate the seat of Government  An act concerning Bonds and Notes

 

[119]

 

An act to authorize Fox B Booth to keep a ferry  An act concerning inquests  An act to declare a certain road a territorial road  Dan Woodson  Acting Governor  The following message was received from the House of Representatives, by Mr Lyle chief clerk  Mr President – I am instructed by the House of Represntatives to inform the Council that the House has passed the following House Bills  An act to incorporate the Alexandria Town Company  An act to provide for the taking of the census of the people of Kansas Territory  An act to prohibit incor-porated companies from dealing in real Estate  An act for the location and government of the Penitentiary  An act to incorporate the Kansas River Rail Road Company

 

[120]

 

An act to confirm and make valid certain acts of the Judge of the First District Court of the Territory of Kansas  An act to permanently establish a Medical College at the Town of Lecompton  An act to incorporate the Indianola Town Company  Also  The following Council Bills  An act providing for the appointment of Constables and prescribing their duties  An act concerning Jails and Jailors  and  That the House has passed the Council Concurrent Resolution in regard to the indepencdence of the Judiciary form the Executrive, with amendment  And that   The House recedes from its amendments to Council Bill entitled  An act concerning Witnesses  And insists on its amend-ments to Council Bill entitled  An act to provide for the election of Public Printer also

 

[121]

 

The House disagrees to Council amendment ot House Bill entitled  An act to locate and establish a Territorial road from Lewis’ Point on the Missouri River to a point on the Grasshopper creek and also adhere to its disagreement to Council Amendment to House Bill entitled  An act to authorize James Findley to establish a Bridge across the Wakarusa river  And also recedes from its amendment to Council amendment to House Bill entitled  An act to provide for paying the clerks of the Legislative Assembly of the Territory of Kansas  And also  The House agrees to Council Amendments to following House Bills  An act to prevent obstructions across the Big Sugar Creek  An act to incorporate the Kansas Mining Company  Also that Council Bill has been rejected entitled  An act to admit

 

[122]

 

certain Indians to rights of citizenship  And that the following bills have been introduced into the House  An act to incorporate the Alexandria Town Company  An act to incorporate the Indianola Town Company  An act to permanently locate a Medical College at Lecompton  An act to incorporate the Kansas River Rail Road Company  An act to establish the statues of the Territory of Kansas and for other purposes  An act to establish a ferry  And that the following bill has been introduced into and passed the House  An act supplementary to an act entitled an act to incorporate the Atchison Town Company  The Committee on Enrolled Bills through Mr Chapman Chairman reported that they had examined and found correctly enrolled a bill entitled

 

[123]

 

An act respecting Exec-utors and administrators  Which report was received  The Committee on militia through Mr Eastin Chairman submitted the following report  Mr President  The Committee on militia to whom was referred the bill entitled  An act to organize discipline and govern the Militia of the Territory of Kansas, have had the same under consideration and respectfully report the bill to the council without amendment and recom-mend its passage  The Committee after examining the various Militia laws of the different states have come to the conclusion that the Bill now proposed is the best adapted to the situation of our country  It is deemed to be all important to have an organization of the Militia, and the bill now proposed being considered an improvement on the old militia system it was therefore adopted by the

 

[124]

 

Committee. The system here proposed may be subject to still further improvement by future legislation, and if deemed advisable, it can be amended as experience may teach what is necessary  All of which is respectfully submitted  Mr Strickler introduced a bill entitled  An act to incorporate the Tecumseh Town Association  Which was read the first time, rule suspended read a second time, rule again suspended, consid-ered as engrossed read the third time and passed  Mr Rees introduced a bill entitled  An act to provide for the location of the county seat of Leavenworth County.  Which was read the first time, rule suspended read the second time rule again suspended, read the third time and passed  House Bill 164 entitled  An act supplementary to an act entitled an act to incorporate the Atchison Town company was

 

[125]

 

read the first time, rule suspended, read the second time, rule again suspended, read the third time and passed  House Bill 163 entitled  An act to permanently establish a Medical College at the town of Lecompton was read the first time rule suspended, read the second time, and referred to the committee on Education  Council Concurrent resolution relating to the independence of the Judiciary was read, and House amend-ments thereto concerned in  Mr Johnson moved to reconsider the vote on the adoption of the resolution lost  House Bill 161 entitled  An act to incorporate the Indianola Town Company was read the first time rule suspended, read the second time, rule again suspended read the third time and passed  House Bill 74 entitled  An act to authorize James Findley to establish a Bridge across the Wakarusa river was taken up

 

[126]

 

On motion of Mr McDonald a committee of conference was appointed to meet a like committee from the House to consider the above mentioned Bill  Whereupon the chair appointed Messrs Rich-ardson McDonald, and Eastin as such committee  House Bill 132 entitled  An act to locate and establish a Territorial road from Lewis’ Point on the Missouri river to a point on the Grasshopper creek, was taken up  On motion of Mr Forman the Council insisted on their amendment  House Bill 154 entitled  An act to confirm and make valid certain acts of the Judge of the first District Court of the Territory of Kansas was read the first time rule suspended, read the second time, rule again suspended, read the third time and passed  House Bill 158 entitled  An act to incorporate the Alexandria Town Company, was read the first time, rule suspended

 

[127]

 

read the second time again suspended, read the third time and passed  House Bill 147 entitled  An act to provide for the taking of the census of the people of Kansas Territory was read the first time, rule suspended read the second time and referred to the Committee on Judiciary  Council bill 41 entitled  An act to provide for the election of Public Printer was on motion of Mr Eastin laid on the table  House Bill 148 entitled  An act for the location and government of the Penitentiary was read the first time, rule suspended, read the second time and refer-red to the Committee on Judiciary  Mr McDonald intro-duced a bill entitled  An act to incorporate the Town of [XXXXX]  Which was read the first time, rule sus-pended, read the second time, rule again suspended, considered as engrossed

 

[128]

 

read the third time and passed  House Bill entitled  An act to incorporate the Kansas River Rail Road Company was read the first time, rule suspen-ded, read the second time and referred to the Committee on Internal Improvements  The following message was received from the House of Representatives, by Mr Lyle Chief Clerk  Mr President – I am instructed by the House of Representatives to inform the Council that the speaker of the House has signed Enrolled House Bills of the following titles  An act respecting va-grants  An act to establish a ferry at the mouth of the Kansas river across said river  An act to establish a ferry at the Town of Delaware in the Territory of Kansas  An act appropriating certain funds for the support of Common Schools

 

[129]

 

Also  The following Council Bills  An act concerning Boatmen  An act supplemental to an act entitled an act to incorporate the city of Kickapoo  An act to organize the County of Arapaho in the Territory of Kansas  An act to incorporate the Doniphan Town Company  An act to provide for the support of the Poor  An act designating the pay of officers  An act to incorporate the city of Pawnee  An act to incorporate a ferry in the Territory of Kansas opposite Iatan Missouri  An act giving meaning to the word state  An act establishing a ferry at the Town of Don-iphan in the Territory of Kansas  An act concerning the action of [XXXXX]  On motion of Mr Grover the Council adjourned

 

[130]

 

Thursday Morning 

23 Aug 1855 

The Council met pursuant to adjournment  Prayer was offered by the Rev. Mr Peery Chap-lain  The Roll was called Absent Messrs Chapman and Strickler  The Journal of the preceding day was read and approved  Mr McDonald presented a petition, which was laid on the table without being read  The Committee on Judiciary through Mr Rees chairman reported back a bill entitled  An act to provide for taking the census of Kansas Territory with the following amendments  strike out in Sec 5th the words four dollars per day for the time he is employed and insert ‘for all under two thousand six cents, for all over two thousand and under three thousand five cents for all over three thousand and under five thousand four cents, for all over five thousand three cents

 

[131]

 

Add as sec 6th the census taker shall verify his return by affidavit  The amendments were read the first time, rule sus-pended, read a second time and adopted  The Bill was thren read the third time and passed  The Committee on Education through Mr Lykins chairman reported back House Bill 147 entitled  An act creating the University of Kansas and recommended its passage  To which Mr Strickler offered the following amendment  strike out Douglas wherever it occurs and insert Tecumseh  Which was read the first time rules suspended read the second time and lost *  The Bill was then read the third time and passed  Mr Strickler from the Committee on Engrossed Bills reported that they had examined and found correctly engrossed a bill

 

[Insert]

 

Mr Coffey moved to lay the Bill on the table, upon which the ayes and noes being called for the members voted as follows. 

Ayes Messrs. Coffey Lykins Strickler 

Nayes messrs. Barbee Chapman Donaldson Eastin Forman Grover McDonald Rees Richardson  President 

and so the motion was lost.

 

[132]

 

entitled  An act to regulate Practice at Law  Which report was received  The Bill was then read the third time and passed  Mr Chapman from the committee on Enrolled Bills submitted the following,  Mr President – The Committee on Enrolled Bills beg leave to report that they have examined and found correctly enrolled Bills of the following titles  An act regulating Conveyances  An act regulating contracts and promises  An act establishing a territorial road from the town of Iowa Point to [XXXXX] on the Arkansas river  An act regulating the action of Ejectment  An act regulating the unit of ad quod dammum  An act concerning the statues and Legislation Proceedings  An act to establish the office of County Recorder  An act to incor-

 

[133]

 

-porate the Cofachiqui Association Kansas territory  The Committee on Roads and Highways through Mr Richardson reported back sundry petitions, and asked to be discharged from further con-sideration of same, as the objects of which had already been attained  In answer to the petition of Harvey W Forman and 35 others praying for a road from Iowa Point to Marysville  your committee report a bill entitled  An act to establish a road from Iowa Point to the California Road  Which was read the first time, rule suspended, read a second time, rule again suspended, considered as engrossed read the third time and passed  The committee on Corpo-rations and County organizations thorugh Mr Forman Chairman report back House Bill 125 entitled  An act to charter a ferry across the Missouri River at the Town of Palermo with the following amendment  strike out of section 1st after the word “Kansas” the words, to the exclusion of any & all persons for a distance

 

[134]

 

of one mile above and below said town site “and when so amended, recommend its passage  The amendment was read the first time, rule suspended, read the second time, and adopted  The Bill was then read the third time and passed  On motion of Mr Coffey the Council adjourned  Afternoon Session  The Council met at the usual hour  Mr Rees introduced a bill entitled  An act more spe-cifically to define the Northern line of Atchison County  Which was read the first time, rule suspended read the second time, rule again suspended, considered as engrossed read the third time and passed  Mr Rees introduced a bill entitled  An act regulating fees of officers and others  Which was

 

[135]

 

read the first time, rule sus-pended read the second time and referred to the Committee on Judiciary  The following message was received from the House of Representatives by Mr Lyle Chief clerk  Mr President  I am in-structed by the House to in-form the council that the following House Bills have passed the House  An act to establish a Ferry  An act prescribing certain regulations touching Territorial Roads  An act concerning Field Notes  An act to incorporate the city of Lecompton  Also  That the House has agreed to Council Amendments to Secs. 4, 5, 6, 7, 10, 11, 12, and 35  And disagreed to the remainder of the Council Amendments to House Bill entitled  An act to regulate Elections  And that  The following Council Bills have passed  An act to establish a Probate Court with the powers and

 

[136]

 

of a Board of commissioners and to define its Juridiction  An act to incorporate the Town of Delaware  An act relative to fugitives from other states  An act to enable persons held in slavery to sue for their freedom  An act to incorporate the Paola Town Company  An act defining the punishment of officers affecting Public Trusts  An act to provide for filling vacancies in the Legislatve assembly  An act to incorporate a ferry at the Town of Palermo in the Territory of Kansas  An act to declare the road leading from Fort Atkinson to Bent’s old Fort a Territorial Road  An act to declare a road leading form Fort Scott to the Missouri state line at or near Phillips crossing on the upper Drywood  An act defining the meaning of certain words  An act to provide for the collection of the Revenue  An act to establish

 

[137]

 

the Treasury Department and to define the powers and duties of Treasurer and Auditor  Also the  Council Concurrent resolution in relation to going into Joint session on Saturday next for the election of officers and the council concurrent resolution for a Joint committee to confer with the Delaware Indians in regard to a new treaty  And that  The speaker was appointed  Messrs. Waterson, Marshall and [XXXXX] as the committee on part of the House for the above purpose  also that  The speaker has appointed Messrs Marshall, and Williams as the House Committee to appor-tion the Terriotry into Districts & - and that  The House has rejected the following Council Bills  An act to provide for taking the Census of the territory  An act to establish a Territorial road from the Missouri state line near Turkey creek bridge to intersect the Westport and Lawrence road near the Gum spring

 

[138]

 

A Bill to provide for the removal of seats of Jus-tice in certain cases  Also that  The House has agreed to council amendment to House Bill entitled  An act defining the boundaries of the several counties of the Territory of Kansas  The following House Bills have been introduced into and passed the House  An act to incorporate the town of Paola  An act to incorporate the town of Fort Scott  The House has rejected the Council Bill entiled  An act more specif-ically to define the Northern line of Atchison county  And introduced into and passed a substituted of the same title  Mr Strickler introduced a bill entitled  An act to incoproate the Lavinia Town Asso-ciation  Which was read the first ime, rule suspended read the second time, rule again suspended, consid-ered as engrossed, read the

 

[139]

 

Third time and passed  Mr Strickler introduced a bill entitled  An act to incorporate the Neosho Town company  Which was read the first time, rule suspended read the second time, rule again suspended, con-sidered as engrossed, read the third time and passed  House Bill 174 entitled  An act to incorporate the city of Lecompton was read the first time, rule suspended, read the second time, rule again suspended read the third time and passed  House Bill 177 entitled  An act to incorporate the town of Paola was read the first time, rule suspended, read the second time, rule again suspended read the third time and passed  House Bill 175 entitled  An act supplemental to an act to provide for the collection of the Revenue was read the first time, rule suspended, read the second time, rule again suspended read the third time and passed.

 

[140]

 

On motion of Mr Grover the Council adjourned 

Friday Morning

Aug 24th 1855 

The Council met pursuant to adjournment  Prayer was offered by the Rev. Mr Peery Chaplain  The Roll was called Absent Messrs  The Journal of the pre-ceeding day was read, amended and approved.  The chair appointed Messrs Forman and Lykins as the Council Committee to confer with the Delaware Indians in regard to a change of Treaty and to do certain other matters in the resolution expressed  The committee on Edu-cation through Mr Lykins reported back House Bill entitled  An act to permanently establish a Medical College at the town of Lecompton without amendment and recommended its passage

 

[141]

 

The bill was then read the third time and passed  The Committee on Judiciary through Mr Rees chairman reported that they had had before them a bill entitled  An act regulating the fees of officers and others  and having duly consid-ered the same they report as a substitute  An act to provide for the pay of officers and others  And respectfully rec-ommend the passage of the substitute  The substitute was read the first time, rule suspended read the second time, rule again suspended, considered as engrossed read the third time and passed   Your committee have before them House Bill entitled  An act for the location and Government of the Penitentiary  Your committee are of opinion that the subject of a system of government for the Penitentiary at this session is premature, and they are not aware of any Legislation on that subject which could lead to profitable results except such legislation as may tend

 

[142]

 

to devise the ways and means of the erection of a Penitentiary at the very earliest practicable time. Your committee therefore recommend that the subject be referred to the Committee on Ways and Means with instructions to report a memorial to the Congress of the United States asking an appropriation for building a penitentiary for this Territory.  On motion of Mr Rees the Bill was laid on the table indefinitely  The following message was received from the House of Representatives by Mr Lyle Chief Clerk  Mr President  I am instructed by the House of Representatives to inform the Council that House Bills of the following titles have passed the House  An act to prohibit incorporated companies from dealing in real estate  An act to encourage Agriculture in the Territory of Kansas  An act to establish

 

[143]

 

a ferry across the Kansas River opposite the Town of Lecompton  An act to incorporate the Port William Town Company  An act to establish a ferry at the town of Port William  Also that  The House has rejected the Council Bill entitled  An act to exempt from sale on execution certain lands and tenements  And passed and herewith [XXXXX] a substitute of the following title  An act to exempt Homesteads and certain other property from execution  And that  The following Council Bills have passed  An act providing a system of confinement and haard labor  An act to provide for building bridges  An act regulating units and process  An act to establish the

 

[144]

 

the office of District Attorney and to define their duties  An act concerning Mills and Millers  An act respecting aliens  An act in relation to certain citizens  An act to recover Public Records  An act to incorporate the Kaw River Telegraph Company  An act concerning Mortgages  An act concerning the plats of Towns and villages  An act concerning writs of two warrants  An act concerning Patrols  An act providing for change of revue in civil cases  An act to present certain trespasses  An act concerning Gaming  And that  The following council Bill has been rejected  An act to regulate marks and Brands

 

[145]

 

The House has agreed to Council amendment to the following House Bills  An act to incorporate the Kansas University  An act to incorporate the Louisiana Town Company  An act to grant pre-emptions to school Lands in certain cases  An act to provide for the erection of the capitol and other public buildings  And that  The House Bill entitled  An act to locate and establish a Territorial Road from Lewis Point on the Missouri River to a point on the Grasshopper, has been indefinitely postponed  Also that  The House still insists on its disagreement to Council amendment to House Bill entitled  An act to authorize James Findly to establish a Bridge across the Wakarusa river, and has appointed Messrs McMeekin, Mar-shall and Mathias as a committee on part of the House to confer with Council committee in regard to the matter

 

[146]

 

And that  An act providing for the office of Sheriff and prescribing his duties has passed the House  Mr Forman introduced a bill entitled  An act to incorporate the Centermill Seminary and Town Association  Which was read the first time, rule sus-pended, read the second time, rule again suspended, considered as engrossed read the third time and passed  Mr Forman offered the following resolution  Resolved – by the council the Hosue of Representatives concerning therein that the commissioners appointed to superintend the publication of the Laws and Journals be required to furnish our stiched copy of the Laws passed by the present Legislative assembly to each of the Probate Judges of this Territory at as early a day as possible  Which was read the first time, rule suspen-ded, read the second

 

[147]

 

time and adopted  House bill 168 entitled  An act to establish a ferry at the Town of Port William was read the first time, rule suspended, read the second, rule again sus-pended read the third time and passed  Mr Donaldson moved to reconsider the vote on the adoption of a resolution against incorporating Bank-ing Institutions in this Territory.  Whereupon discussion sum-ming, the chair decided such out of order  Mr Donaldson appealed to the Council  on the question being put shall the decision of the chair stand as the decision of the Council, the members voted as follows  Ayes Messrs Barbee Chapman Coffey Eastin Forman Lykins Rees Richardson Strickler President

 

[148]

 

Noes Messrs Donaldson Grover McDonald 

And so the decision of the chair was sustained  House Bill 179 entitled  An act to incorporate the Town of Fort Scott was read the first time rule suspended, read the second time, rule again suspended read the third time and passed  House Bill 153 entitled  An act to establish a Ferry was read the first time, rule sus-pended, read the second time, rule again suspended read the third time and passed  House Bill 134 entitled  An act concerning field votes was read the first time, rule suspended, read the second time and referred to the committee on Corporations and County organizations  House amendments to Council Bill entitled  An act to incorporate a ferry at the Town of Palermo in the Territory of Kansas were read

 

[149]

 

the first time, rule suspended read the second time, rule again suspended, read the third time and adopted.  House Bill 173 entitled  An act prescribing certain regulations touching territorial roads was read the first time, rule suspen-ded, read the second time, rule again suspended read the third time and passed  House amendments to Council Bill entitled  An act concerning Mills and Millers were read the first time, rule suspended, read the second time, rule again suspended read the third time and agreed to  House amendments to Council Bill 141 entitled  An act to provide for the collection of revenue were read the first time rule suspended, read the second time, rule again suspended, read the third time and adopted   House amendments to Council Bill entitled  An act providing a system of confinement and hard labor were read

 

[150]

 

the first time, rule suspended, read a second time, rule again suspended read the third time and adopted  On motion of Mr Coffey the Council adjourned  Afternoon Session  The Council met at the usual hour  On motion of Mr Forman the rules were suspended, for reasons expressed  The Committee on Corporations and County organizations through Mr Forman chairman reported that the Committee had considered and recommended the passage of a bill entitled  An act to more specifically define the boundaries of the county of Atchison, without amendment  The Bill was accordingly read the third time and passed  Mr Grover introduced a bill entitled  An act to incorporate

 

[151]

 

the Missouri and Kansas River Navigation Company  Which was read the first time, rule suspended read the second time and referred to the committee on Judiciary  Mr Strickler introduced a bill entitled  An act to prevent illegal banking and the creation of depreciated paper currency.  Which was read the first time, rule suspended read the second time and referred to the committee on Judiciary  Mr Eastin introduced a bill entitled  An act to incorporate the Leavenworth Improvement Association  Which was read the first time, rule sus-pended, read the second time and referred to the Committee on Corporations and County organizations  Mr Rees introduced a bill entitled  An act to incorporate the Territorial Agricultural Society  Which was read the

 

[152]

 

first time, rule suspended read the second time, rule again suspended, read the third time and passed  The Committte on Enrolled Bills through Mr Chapman reported that they had examined and found truly enrolled a bill entitled  An act to es-tablish a Probate Court with the Powers and Duties of a Board of Commissioners and to define its juris-diciton  On motion the report was accepted  Mr Richardson from the Committee of Conference to whom with House com-mittee was referred a bill entitled  An act to authorize James Findley to establish a bridge across the Wakarusa River, report that the com-mittee have agreed upon and recommend the passage of the bill with the following amendment  Amend – [XXXXX] Sec 6  Nothing in this act contained shall be so construed as to prevent any Indian who may

 

[153]

 

own lands in fee simple on said stream from erecting a bridge on their own land and within the chartered lim-its as provided in this act  The amendment was read the first time, rule suspended, read the second time, rule again suspended read the the third time and passed  The following message was received from the House of Representatives by Mr Lyle Chief Clerk  Mr President  I am instructed by the House of Representatives to inform the Council that the speaker of the House has signed the following Enrolled House bills  An act supplementary to an act entitled an act to incorporate the Atchison Town Company  An act for the relief of Debtors  An act supplementary to Act defining the boundaries of Atchison County  An act to prevent obstructions across the Big Sugar creek  An act providing for the establishment of Common Schools

 

[154]

 

An act concerning Jurors  An act to provide for the punishment of offences against the public health  An act to incorporate the Town company of Osawkee  An act entitled an act to establish a territorial road from Willow springs to Douglas  An act supplementary to an act entitled an act to establish a Territorial road from opposite Boston Missouri to a point on the California road at or near the Halfway Grove in the territory of Kansas  An act to incorporate the Calhoun Town Company  An act to prevent non-residents from grazing stock in Kansas Territory  An act to incorporate a ferry at the town of Lawrence in the Terrritory of Kansas  An act to provide for the call of a convention to form a state constitution  An act to grant preemptions to school lands in certain cases

 

[155]

 

An act supplementary to an act to provide for the collection of the revenue  and that the speaker of the house has signed the following enrolled Council Bills  An act respecting ad-ministrators and executors  An act to incorporate the central Rail Road company  An act for opening and keeping in repair Roads and Highways  An act concerning perpetuating testimony  An act to establish the office of District Attorney and to define their duties  An act regulating the practice in courts of chancery  An act regulating ferries  An act providing for the office of sheriff  On motion of Mr Richardson the council adjourned.  Saturday Morning Aug 25 /55  The council met pursuant to adjournment  Prayer was offered by the Rev Mr Peery Chaplain  The Roll was called.  Absent Mr Donaldson  The Journal of the preceding day

 

[156]

 

was read and approved.  The following message was re-ceived from the House of Rep-resentatives, by Mr Lyle chief clerk -  Mr President  I am instructed by the House of Repre-sentatives to inform the council that the following Bills have been introduced into and passed the House.  An act to incorporate the Marysville town association  An act supplemental to and amendatory of an act providing for the pay of the clerks of the present Legislature  An act to incorporate the Richmond Town Company.  An act to incorporate the Columbia Town Company.  An act to incorporate the Washington town company and that a Bill was passed entitled an act to establish a Territorial Road &c.  Also that  The House has disagreed to Council amendments to House Bill entitled an act to provide for taking the census of the People of Kansas Territory  Also  The following council Bills have passed.  An act respecting notaries Public

 

[157]

 

An act to incorporate the Leaven-worth Insurance Company  A Bill to incorporate the Histori-ical and Philosophical Society of Kansas.  An act concerning Guardians and Curators  An act defining the punishment for claims affecting Property, Public and Private  An act to incorporate the town of Benecia.  An act defining the punishment of offences against public morals and Decency.  An act to establish a Road from [XXXXX] Point to the California Road.  An act to incorporate the Tecumseh town Association.  An act concerning dower.  An act to incorporate the Alexandria coal mining company.  An act concerning Landlord and Tenant.  An act fixing the time of meeting of the Legis-lative assembly.  An act authorizing the council and House of House of Representatives to punish for contempt; and for other purposes,  An act concerning Bills of Exchange and Negotiate Prom-issory Notes,

 

[158]

 

An act to regulate actions on Penal Bonds.  An act regulating Practice in the Supreme Courts  An act to regulate Practice at Law.  Also that  The House has re-jected Council Bill entitled  An act to license and tax merchants and introduced into and passed a substitute of the same title  also that  The House has agreed to Council Amendments to House Bill entitled   An act to charter a ferry across the Missouri River at the town of Palermo.  The following message was received form the House of Representatives by Mr Lowe assistant clerk.  Mr President  I am instructed by the House of Representatives to inform the Council that the speaker of the House has signed enrolled House Bill of the following title  An act to define the boundaries of the several

 

[159]

 

counties of the Territory of Kansas  Council Bill  An act providing for the office of sheriff and prescribing his duties  The following message was received form the House of Representatives by Mr Lyle chief clerk  Mr President – I am instructed by the House of Representatives to inform the Council that the House is now ready and waiting to go into Joint Session for the election of officers  On motion of Mr Rees a Bill defining the boun-daries of the Judicial Dis-tricts was taken up read the first time, rule suspended, read the second time, rule again suspended, read the third time and passed  On motion of Mr Richardson the council insisted on Council amendments to a bill entitled  An act to regulate elections  Mr Eastin offered the following resolution  Resolved by the council and the House of Representatives concerning therein, that the following shall be

 

[160]

 

Pro hac vice order of the [XXXXX] for the joint session in election of civil officers  To [XXXXX] first district officers beginning with the first judicial district and ending with the third second county officers, beginning with the counties of the first judicial district at the north east- corner of the Territory in the following order – Doniphan Atchison Jefferson Calhoun Leavenworth & Douglas  Second Judicial District Johnson, Lykins Bourbon Allen, Anderson, Franlin, and Shawnee.  Third Judicial District Nemaha Marshall Ruby Breckenridge and Madison  Which was read the first time rules supended read the second time & adopted  The following message was received from Danl Woodson acting Governor 

Executive Department 

Aug 25th 1855

To the Hon. the council of the Territory of Kansas -  I have the honor to announce that I have signed council bills of the following titles an act adopting the common law as the

 

[161]

 

rule of action in this Territory an act concerning contracts and promises an act regulating the authentication of statutes and the taking effect of laws.  An act to establish a ferry opposite the town of St Joseph in the Territory of Kasnas an act regulating oaths and prescribing the forms of oaths of office  An act regulating weights & measures.  An act to declare a certain road a territorial road  An act for the organization of Townships.  An act supplemental to an act entitled an act to incorporate the city of Leavenworth  An act supplemental to an act entitled an act to incorporate the City of Kickapoo  An act to incorporate a ferry in the Territory of Kansas opposiste the town Iatan in Missouri  An act establishing a ferry at the Town of Douglass in the Territory  An act to incorporate the city of Pawnee  An act to provide for the support of the Town – An act designating the pay of officers.  An act giving meaning to the word state

 

[162]

 

An act to incorporate the Doniphan Town Company  An act to establish a probate Court with the powers and duties of a board of [XXXXX] and to define its Juridsiction  An act to provide for the office of sherif and prescribing his duties  Danl Woodson  Acting Govenor  Messrs Haley & Boyle were sworn and qualified as enrolling Clerks for the Council  On motion of Mr Rees the vote by which was adopted a concurrent resolution prescribing the order of business or the Joint session was reconsidered whereupon Mr Eastin offered the following amendment to the resolution in the order of business strike the word second and insert the word first and insert the word first and strike the word first and insert the word Second amendment read the first time rules suspended read a second time and adopted  On motion of Mr Eastin the resolution was laid on the table

 

[163]

 

On motion of Mr Strickler  The council proceeded to the House of Representatives to meet in Joint Session  Joint session was called to order Mr Johnson in the chair  Mr Eastin offered the following resolution  Resolved by the Joint session that the following shall be the order of business in the election of civil officers – to [XXXXX] First County officers  Beginning with the first medical district at the north east corner of the territory in following order Doniphan Atchison Jefferson Calhoun Leavenworth & Douglass – Second Judicial District Johnson, Lykins Bourbon Allen Anderson Franklin and Shawnee  Third Judicial District  Nemaha Marshall Riley Breckenridge and Madison  Second district officers beginning with first and ending with the third Judicial District which resolution was adopted  Mr Eastin offered the following Resolution  Resolved by the Joint Session that in the elections of civil officers the nominations offered by

 

[164]

 

The representatives of the respective Districts and Counties shall be first acted upon. And in case no nominations should be made for any District or County office or in case of failure of making a choice from the nominations so made, then it shall be allowable to offer other nominations till all District and county offices shall have been provided for Sec 2nd All votes in Joint Session shall be given viva [XXXXX]  Upon which Resolution the Coun-cil were voted as follows. 

Ayes messrs. Chapman Coffey Eastin Grover Lykins McDonald Strickler – 7 

Nayes Messrs. Barbee Donaldson Forman Rees Richardson President, 6 

The Resolution having failed to receive a majority of the votes cast, was lost

 

[165]

 

Nominations being in order  Mr Watterson nominated [XXXXX] P Blair for Probate Judge of Doniphan County – on motion of Mr Stringfellow resolved the votes be taken by ballot  The Councilmen voted as follows  For Mr Blair Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grove Lykins McDonald Rees Richardson Strickler President

Whole number of votes cast 37 

For Mr Bliar 35 votes 

For Mr Forman 2 

Mr Blair having received a majority of all the votes was declared duly elected Probate Judge of Doniphan County  Mr Richardson nominate [XXXXX]  A Dunning & E. B. Rogers for county commissioners Doniphan County.  Upon which the Council men voted as follows 

For Messrs Dunning & Rogers Messrs Barbee Chapman Coffey Donaldson 

Whole number of votes cast 37 

For Messrs Dunning & Rogers 36

 

[166]

 

Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President

Messrs Dunning & Rogers having received a majority of all the votes cast were declared duly elected county commissioners of Doniphan County  Mr Waterson nominated Carey B Whitehead for sheriff of Doniphan County upon which the council voted as follows - 

For Mr Whitehead Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 37 

For Mr Whitehead 36 votes 

Mr Whitehead having a received a majority of the votes cast was declared duly elect sheriff of Doniphan County

 

[167]

 

nominations for Atchison County being in order  Mr Kirk nominated Mr James A Headly for Probate Judge of Atchison County  Upon which the Council voted as follows 

For Mr Headly Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 37 

For Mr Headly 37 votes 

Mr Headly having received a majority of all the votes cast was declared duly elected  Probate Judge of Atchsion County  Mr Kirk nominated Messrs William Young & James M [XXXXX] for County Commissioners of Atchison County  Upon which the Council voted as follows 

For Messrs Young & [XXXXX] Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins 

Whole number of votes cast 37 

For Messrs Young & [XXXXX] 37 votes

 

[168]

 

McDonald Rees Richardson Strickler President

Messrs Young & [XXXXX] having received a majority of all the vote cast were declared duly elected county commissioners of Atchison County  Mr Kirk nominated Mr William C McVay for Sheriff of Atchison County  uupon which the councilmen voted as follows 

For Mr McVay Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 37 

For Mr McVay 37 votes 

Mr McVay having received a majority of all the votes cast was declared duly elected sheriff of Atchison County

 

[169]

 

Nominations for Jefferson County being in order  Mr McMilkin nominated a Mr C B B Lebbs for Probate Judge of Jefferson County

For Mr Lebbs Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 37

For Mr Lebbs 37 

Mr Lebbs having received najority of all the votes cast was declared duly elected Probate Judge of Jefferson County  Mr McMilkin nominated Messrs Napoleon Hopewell & Samuel Hudson for County commissioners of Jefferson County  Upon which the councilmen voted as follows 

For Messrs Hopewell & Hudson Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees 

Whole number of votes cast 37 

For Messrs Hopewell & Hudson 37 votes

 

[170]

 

Richardson

Strickler

President 

Messrs Hopewell & Hudson having received a majority of all votes cast were declared duly elected County Commissiones of the County of Jefferson  Mr McMilkin nominated Mr [XXXXX] Dyer for Sheriff of the county of Jefferson upon which the councilmen voted as follows - 

For Mr Dyer Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 37 

For Mr Dyer 37 votes 

Mr Dyer having received a majority of all the vote cast was declared duly elected Sheriff of Jefferson County  Nominations for the county of Calhoun being in order

 

[171]

 

Mr Lebbs nominated Mr James Kuykendall for Probate Judge of Calhoun County.  Upon which the council voted as follows - 

For my Kuykendall Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 37 

For Mr Kuykendall 37 votes 

Mr Kuykendall having received a majority of all the vote cast was declared duly elected probate Judge of Calhoun County  Mr Jebbs nominated [XXXXX] R.I. Fulton and R.D. Beeler County commissiones of Calhoun County -  Mr McMeekin nominate Mr William Alley  Upon which the councilmen voted as follows - 

For Beeler & Alley Messrs Barbee Chapman Coffey Donaldson Eastin 

Whole number of votes cast 37 

For Messrs Beeler & Alley 37 votes

 

[172]

 

Forman Grover Lykins McDonald Rees Richardson Strickler President 

Messrs Beeler & Alley having received a majority of all the votes cast were declared duly elected county commissiones of Calhoun County 

Mr [XXXXX] nominated James Wilson for sheriff of Calhoun County  Upon which the councilmen voted as follows - 

For Mr Wilson Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 37 

For Mr Wilson 37 votes 

Mr Wilson having received a majority of all the votes cast was declared duly elected sheriff of Calhoun County

 

[173]

 

Nominations for Leavenworth county being in order Mr Eastin nominated Mr John A. Halderman for Probate Judge of Leavenworth County Mr Richardson nominated Mr Amos Rees -  Upon which the councilmen voted as follows – For Mr Halderman Messrs Barbee Chapman Eastin Grover Lykins McDonald 

Whole number of votes cast 36

For Mr Halderman 24 votes

For Mr Rees 12 votes 

Mr Rees Messrs Coffey Donaldson Forman Rees Richardson President 

Mr Strickler was excused from voting  Mr Halderman having received a majority of all the votes cast was declared duly elected probate judge of Leavenworth County  Mr Grover nominate Mr J.M. Hall for county commissioner of Leavenworth County – Mr Harris nominated Mr Horace Gray

 

[174]

 

Upon which the councilman voted as follows 

For Messrs Hall & Gray Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins McDonald Richardson Strickler President 

Whole number of votes cast 37 

For Messrs Hall & Gray 37 votes 

For [XXXXX] Mr Rees 

Messrs Hall & Gray having received a majority of all the votes cast was declared duly elected county commissiones of Leavenworth County -  Mr McMeekin nominated G. [XXXXX] Todd for sheriff of Leavenworth county – upon which the councilmen voted as follows - 

For Mr Todd Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees 

Whole number of votes cast 37 

For Mr Todd 37 votes

 

[175]

 

Richardson Strickler President 

Mr Todd having received a majority of all the votes cast was declared duly elected sheriff of Leavenworth county  nominations for Douglass County being in order -  Mr Banks nominated Mr John P Wood for Probate Judge of the Douglass County - 

Upon which the councilmen voted as follows Messrs Barbee Chapman Coffey Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 37

For Mr Wood 37 votes 

Mr Wood having received a majority of all the votes cast was declared duly elected Probate Judge of Douglass County - Mr Brown nominated Messrs Geo W Johnson John M Banks for county commissioners  Douglass County  Upon which the councilmen voted as follows

 

[176]

 

For Messrs Johnson & Banks Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover  Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 37 

For Messrs Johnson & Banks 35 

Messrs Johnson & Banks having received a majority of all the votes cast were declared duly elected County Commissiones of Douglass County  Mr McDonald nominated Mr J. N. Hargus for sheriff of Douglass County – Mr Whitlock nominated Mr J M Wallace  Mr Brown nominated Mr [XXXXX] Jones -  Upon which the councilmen voted as follows 

For Mr Hargus Messrs Chapman Coffey Forman Lykins McDonald 

Whole number of votes cast 37 

For Mr Jones 23 votes 

For Mr Hargus 11 votes 

For Mr Wallace 3 votes

 

[177]

 

For Mr Jones Messrs Barbee Donaldson Eastin Grover Rees Richardson Strickler President 8  Mr Jones having received a majority of all the votes cast was declared duly elected  On motion of Mr McGee joint session adjourned until 2 oclock p.m. Evening session  The joint session met pursuant to adjournment on motion of Mr Stringfellow the roll was called Messrs Chapman Coffey McDonald & Strickler absent  On motion of Mr [XXXXX] of the House. It was ordered that the nomination for all county officers be balloted for at the same time  Nominations for the county of Johnson being in order  Mr Lykins nominated A.S. Johnson for Probate Judge.  John T Peery & Joseph Parks for County Commissioners

 

[178]

 

And Ben F. Johnson for Sheriff  Upon which the councilmen voted as follows 

For Messrs Johnson Peery Parks Johnson - Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 32

For Messrs Johnson, Peery, Parks, and Johnson - 30

[XXXXX] Johnson having a received a majority of all the votes cast was declared duly elected Probate Judge of Johnson County  Messrs Peery & Parks having received a amajority of all the votes cast cast was declared duly elected county commissioners of Johnson county county Mr Johnson having received a majority of all the votes cast was declared duly elected sheriff of Johnson County.

 

[179]

 

Nominations for Lykins County being in order  Mr Coffee nominated I Jacobs for probate judge  Henry Snyder & [XXXXX] Beets for county commissioners B. P. Campbell for Sheriff of Lykins County upon which the council voted as follows 

For messrs Jacob Snyder Beets & Campbell  Messrs Barbee Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 33 

Mr Chapman absent  Mr Jacobs having received a majority of all the votes cast was declared duly elected probate judge of Lykins County Messrs Snyder & Beets having received a majority of all the votes cast was declared duly elected county commissioners of Lykins county  Mr Campbell having received a majority of all the votes cast was declared duly elected sheriff of Lykins county

 

[180]

 

Nominations for Linn County being in order  Mr Younger nominated  R. E. Elliot for Probate Judge  Bristol Davis and L. Love for County Commissioners and John L Brown for Sheriff -  Upon which the councilmen voted as follows - 

For Messrs Elliott Davis Love & Brown – Messrs Barbee Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 34

Mr Chapman absent -  Mr Elliot having received a majority of all the vote cast was declared duly elected Probate Judge of Linn County  Messrs Davis & Love having received a majority of all the votes cast were declared duly elected county commissioners of the county of Linn – Mr Brown having received a majority of all the votes cast was declared duly

 

[181]

 

elected sheriff of Linn County  Nominations for Bourbon county being in order  Mr Anderson nominated S A Williams for Probate Judge Mr Williams nominated H.L. Wilson and Chas. Wingfield for county commissioners  Mr Barbee nominated Mr B.F. Hill for sheriff  Upon which the councilmen voted as follows - 

For Messrs – William Wilson, Wingfield & Hill Messrs Barbee Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 

Mr Chapman absent  Mr Williams having received a majority of all the votes cast was declared duly elected Probate Judge of Bourbon County. Messrs Wilson & Wingfield having received a majority of all the votes cast have declared duly elected, county commissioners

 

[182]

 

of Bourbon County  Mr Hill having received a majority of all the votes cast was declared duly elected sheriff of Bourbon County  nominations for Allen County being in order  Mr Williams nominated Mr Chas Papmore for Probate Judge Mr Barbee nominated B Owen & B W Crowden for County commissioners - & Wm. J. Godfroy for sheriff of Allen County  Upon which the councilmen voted as follows – For Messrs Papmore, Owen, Crowden Godfroy,  Messrs Barbee Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President  Whole number of votes cast 34 

Mr Chapman absent  Mr Papmore having received a majority of all the votes cast was declared duly elected probate judge of Allen County

 

[183]

 

Messrs Owen & Crowden having received a majority of all the votes cast were declared duly elected county commissioners of Allen County -  Mr Godfroy having received a majority of all the votes cast was declared duly elected sheriff of Allen County  Nominations for Anderson county being in order Mr Barbee nominated Mr G Wilson for Probate Judge – Wm R [XXXXX] and John Clark for county commissioners – and Mr P D Cummings for sheriff of Anderson County.  Upon which the councilmen voted as follows for Messrs Wilson [XXXXX] Clark & Cummings - 

Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 34

 

[184]

 

Mr Wilson having received a majority of all the votes cast was duly declared Probate Judge of Anderson County  Messrs Lowe & Clark having received a majority of all the votes cast were duly declared county commissioners of Anderson County  Mr Cummings having received a majority of all the votes cast was duly declared sheriff of Anderson County  Nominations for Franklin County being in order Mr Coffey nominate for Probate Judge J Yocum Wm McDow and [XXXXX] M Robinson for county commissiones  Richard [XXXXX] for sheriff   Upon which the councilmen voted as follows for Messrs Yocum, McDow, Robinson & Golding Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees  Whole number of votes cast 35

 

[185]

 

Richardson Strickler President 

Mr Yocum having received a majority of all the votes cast was declared duly elected probate Judge of Franklin County.  Messrs McDow and Robinson having received a majority of all the votes cast were duly elected county commissiones of Franklin County -  Mr Golding having received a majority of all the votes cast was decalred duly elected sheriff of Franklin County  Nominations for Shawnee being in order Mr Strickler nominated Mr William O Yager for Probate Judge E Hoagland & W Yocum for county commissiones – Mr McGee nominated Mr Geo W Berry for sheriff  Upon which the councilmen voted as follows. For Messrs Yager Hoagland Yocum & Berry –

Messrs Barbee Chapman Coffey Donaldson Eastin

Whole number of votes cast 35

 

[186]

 

Forman Grover Lykins McDonald Rees Richardson Strickler President 

Mr Yager having received a majority of all the votes cast was declared duly elected Pobate Judge of Shawnee County.  Messrs Yocum & Hoagland having received a majority of all the votes were declared duly elected county commissiones of Shawnee County.  Mr Berry having received a majority of all the votes cast was declared duly elected sheriff of Shawnee county.  Nomination for Nemaha County being in order Mr Kirk nominated J.C. Thomson for Probate Judge Jesse Adamson & John Ballon County Commissioners James E Thomsin for sheriff  Upon which the councilmen voted as follows, for Messrs Thomson Adamson Ballon & Thomsin

 

[187]

 

Messrs Barbee Chapman Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 35 

Mr Thomson having received a majority of all the votes cast was declared duly elected Probate Judge of Nemaha County.  Messrs Adamson & Ballon having received a majority of all the votes cast were declared duly elected county commissioners of Nemaha County.  Mr Thomson having received a majority of all the votes cast was declare duly elected sheriff of Nemaha county.  Nominations for Marshall County being in order Mr Marshall nominated James Doniphan for Probate Judge A. G. Woodward & T.J. Cramer for County Commissioners

 

[188]

 

And A.S. Clark sheriff  Upon which the councilmen voted as follows for Messrs Doniphan Woodward Cramer & Clark –

Messrs Barbee Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 34 

[XXXXX] Chapman absent  Mr Doniphan having received a majority of all the votes cast was declared duly elected Probate Judge of Marshall County  Messrs Woodward & Cramer having received a majority of all the votes cast were declared duly elected county commissioners of Marshall County  Mr Clark having received a majority of all the votes cast was declared duly elected sheriff of Marshall County

 

[189]

 

Nominations for Riley County being in order  Mr Donaldson nominated Mr Clay Thomson for Probate Judge Thos. [XXXXX] senior & William Cuddy for county commissioners and Mr John S. Price for sheriff  Upon which the councilmen voted as follows For Messrs Thompson, Reynolds, Cuddy, & Price Messrs Barbee Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President

Whole number of votes cast 34 

Mr Chapman absent 

Mr Thompson having received a majority of all the votes cast was declared duly elected probate Judge of Riley County  Messrs Reynolds and Cuddy having received a majority of all the votes cast were declared duly elected County Commissiones of Riley county

 

[190]

 

Mr Price having received a majority of all the votes cast was declared duly elected sheriff of Riley County  Nominations for Madison County being in order Mr McGee nominated Mr Thos Huffaker for Probate Judge H B Elliott & C.H. Withington for County Commissioners and Mr I Foreman for sheriff of the county of Madison and those attached  upon which the councilmen voted as follows for Messrs Huffaker, Ellitot, Withington & Forman

Messrs Barbee Coffey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 34 

Mr Chapman absent 

Mr Huffaker having received a majority of the votes cast was declared duly elected

 

[191]

 

probate Judge of Madison county  Messrs Elliott and Withington having Received a majority of all the votes cast were declared duly elected County commissioners of Madison County  Mr Foreman having received a majority of all the votes cast was duly declared sheriff of Madison county  Nominations for District Attorneys being in order  Mr Richardson nominated Mr Chas H Grover for District Attorney of the first Judicial District  Upon which the councilmen voted as follows 

For Mr Grover Messrs Barbee Coffeey Donaldson Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President 

Whole number of votes cast 32 

For Mr D. J. Johnson Mr Rees 

Mr Chapman absent

 

[192]

 

Mr Grover having received a majority of all the votes cast was declared duly elected District Attorney of the First Judicial District  Nominations for District Attorney of the second Judicial District being in order Mr A.S. Johnson nominated  Mr H.A. Hutchison  Upon which the councilmen voted as follows 

For Mr Hutchison Messrs Barbee Coffey Donaldson Eastin Forman Grover Lykins Richardson President 

Whole number of votes cast 33 

For Mr Hutchison 28 votes 

For Mr Martin 5 votes 

For Mr J W Martin Messrs McDonald Strickler 

Absent Mr Chapman 

Mr Hutchison having received a majority of all the votes cast

 

[193]

 

was declared duly elected District Attorney of the second Judicial District  Nominations for District Attorney of the third Judicial District being in order  Mr McGee nominated John Martin Mr Donaldson nominated Mr John L Brady  Mr Strickler withdrew the name of Mr Martin -  Upon which the councilmen voted as follows

For Mr Brady  Messrs – Barbee Chapman Donaldson Eastin Forman Grover Lykins McDonald Richardson Strickler President 

Whole number of votes cast 29 

For Mr Martin  Messrs Coffey Rees 

Mr Brady having received a majority of all the votes cast was declared duly elected District Attorney of the third Judicial District

 

[194]

 

On motion of Mr Anderson the Joint session was dissolved  The Council met in their Hall  The Committee on Corporations and County organziations through Mr Forman reported back House Bill entitled  An act concerning field notes and recommended that it be laid on the table, as a Council Bill containing the same provisions has already passed both Houses  On motion the Bill was laid on the table  The Committee recom-mend the passage of a bill entitled  An act to incorporate the Leavenworth Improve-ment Association  The Bill was consid-ered as engrossed, read the third time and passed  On motion of Mr Strickler the Council adjourned.

 

[195]

 

Monday Morning 

Aug 27, 1855 

The Council met pursuant to adjournment. Prayer was offered by the Rev. Mr Peery Chaplain.  The Roll was called  Absent Messrs Chapman and Donaldson  The Journal was read amended and approved.  Mr Chapman from the Committee on Enrolled Bills submitted the following report  Mr President  The Commit-tee on Enrolled Bills beg leave to report that they have exam-ined and found correctly enrolled bills of the following titles  An act regulating the practice in courts of Chancery  An act regulating ferries  An act to establish the office of District Attorney and to define his duties  An act to incorporate the Central Rail Road Com-pany  An act concerning perpetuating testimony  An act providing for the office of sheriff and prescribing his duties  An act for opening and keeping in repair Roads

 

[196]

 

and Highways  An act to establish a territorial road from the town of Neosho Missouri to Council Grove  An act to authorize Fox B Booth to keep a ferry  An act to regulate bills  An act to incorporate Fort Scott University  An act to declare certain roads public highways  An act to regulate proceedings upon writs of mandamus  An act defining the meaning of certain words  An act to establish a Territorial road from the City of Kickapoo through the valley of salt creek to the city of Leavenworth  An act respecting salvage  An act to establish the office of County Treas-urer  An act concerning evidence  An act to incorporate the Paolo Town Company  An act to establish a Territorial road from

 

[197]

 

Wyandotte via Jacksonville to Osawkee  An act to declare a certain road a territorial road  An act to incorporate the Occidental Telegraph Company  An act concerning forcible entries and detainers  An act providing a system of confinement and hard labor  An act respecting aliens  An act incorporating the Kansas River Telegraph Company  An act providing for the location of the County seat of Leavenworth County  An act to incorporate the town of Delaware  An act providing for the appointment of Constables and prescribing their duties  An act respecting Notaries Public  An act to incorporate the Town of Benicia  An act to incorporate a ferry at the town of Palermo in the Territory of Kansas  The following message was received from the House of Representatives by

 

[198]

 

Mr Lyle chief clerk  Mr President  I am instructed by the House of Representatives to inform the Council that the following Council Bills have passed the House  An act defining the punishment of crimes affecting clemency, records and securities, public and private  An act regulating Judgments and decrees  An act defining punishments for crimes affecting the administration of Justice  An act in relation to the general provisions regulating crimes and punishments  An act in relation to Insane Persons  An act for the regulating and managing the Territorial Library  Also the House has passed a Concurrent resolution providing for the appointment of a Joint Committee for the purpose of memorializing Congress for a grant of Public lands for the endorsement of Territorial

 

[199]

 

University of Kansas  On motion of Mr Eastin House Bill entitled  An act to exempt Homesteads and certain other property from Execution was taken up and referred to the Committee on Judiciary  Mr Grover introduced a bill entitled  An act to incorporate the Town of Iola in the county of Doniphan in the Territory of Kansas  Which was read the first time, rule sus-pended, read the second rule again suspended, considered as engrossed, read the third time and passed  On motion of Mr Rees-  Resolved That each member of the Council who may introduce a bill shall see that the same is enrolled in the event of its passage  Mr Eastin introduced a bill entitled  An act to authorize John G Mclelland and Clarkson Wallace to build a Toll Bridge  Which was read the first time, rule suspended

 

[200]

 

read a second time, rule again suspended considered as engrossed read the third time and passed  Mr Donaldson introduced a bill entitled  An act to incorporate the Saline Gypsum Association  Which was read the first time, rule sus-pended, read a second time, rule again suspended considered as engrossed read the third time and passed  Mr Coffey introduced the following Joint Resolu-tion  Resolved by the Council and House of Representatives of the Territory of Kansas that the Hon R. R Rees be and he is hereby author-ized to prepare and publish a book of forms for the use of the civil officers and others in this Territory, and that he submit the same to the next Legislative Assembly for approval  Which was read the first time, rule suspended read a second time, rule again suspended, considered

 

[201]

 

as engrossed, read the third time and passed  Mr Grover introduced a bill entitled  An act to define the meaning of certain words  Which was read the first time, rule suspended read the second time, rule again suspended, consid-ered as engrossed, read the third time and passed  Mr Coffey introduced a bill entitled  An act to approporiate money for House rent  Which was read the first time, rule sus-pended, read a second time, rule again suspen-ded, considered as engrossed read the third time and passed  Mr Coffey introduced a bill entitled  An act to amend an act entitled an act to punish offences against slave property  Which was read the first time, rule suspen-ded, read a second time rule again suspended, considered as engrossed, read the third time and passed

 

[202]

 

Mr Forman introduced a bill entitled  An act to prohibit the settling of free negroes and mulattoes in the Territory of Kansas  Which was read the first time, rule suspended, read a second time and referred to the Committee on Judiciary  Mr Eastin introduced a bill entitled  An act providing for the pay of the Chief and Assistant Clerks of the Council and House of Representatives  Which was read the first time, rule sus-pended, read the second time, rule again suspended, considered as engrossed read the third time and passed  The following message was received from the House of Representatives by Mr Lowe assistant clerk  Mr President  I am instructed by the House of Representatives to inform the Council that the following Council Bills

 

[203]

 

have passed the House  An act to incorporate the Centreville Seminary and Town Association  An act to incorporate the Town Company of Iola in the county of Doniphan in the Territory of Kansas  An act concerning crimes and punishment of offences against the persons of individuals  An act to incorporate the Leavenworth Jail Asso-ciation  An act to provide for the pay of of officers and others  Also the following House Bill  An act to incorporate Leavenworth Bank and that  The House adheres to disagreement with Council Amendment in relation to vote by ballot to House Bill entitled  An act to regulate Elections and that  The following Council Bill was passed  An act to organize discipline and govern

 

[204]

 

the Militia of this Territory  Mr Rees introduced a bill entitled  An act to fix the time of holding the Supreme Court  Which was read the first time, rule suspended, read a second time, rule again suspended considered as engrossed read the third time and passed  Mr Rees introduced a bill entitled  An act pro-viding the times and places of holding the United States District Court  On motion of Mr Coffey the Bill was amen-ded by striking out the word Shawnee wherever it occurs  On motion of Mr Donaldson the Bill was referred to a select Com-mittee, whereupon the chair appointed as such committee  Messrs Coffey Barbee Strickler

 

[205]

 

Mr Strickler introduced a bill entitled  An act to incorporate the Kansas River Bridge Company  Which was read the first time, rule suspended, read a second time, rule again suspended, considered as engrossed, read the third time and passed  Mr Forman intro-duced a bill entitled  An act supplemental to an act entitled an act regulating elections  Which was read the first time, rule suspended, read the second time rule again suspended con-sidered as engrossed read the third time and passed. On motion the Council adjourned  Afternoon Session  The Council met at the usual hour  Mr Forman introduced a bill entitled  An act to provide for holding Probate Courts  Which was read the first time, rule sus-

 

[206]

 

-pended, read the second time, rule again sus-pended, considered as engrossed read the third time and passed  Mr Richardson introduced a bill entitled  An act to incorporate the Whitehead Town Company  Which was read the first time, rule suspended, read the second time, rule again suspended, considered as engrossed, read the third time and passed  House amendments to Council Bill 157 entitled  An act for the regulating and managing the Territorial Library were read the first time, rule suspended, read the second time, rule again suspended read the third time and adopted.  House Amendments to Council Bill 131 entitled  An act in relation to the general provisions regulating crimes and punihsments were read the first time, rule sus-

 

[207]

 

-pended, read the second time rule again suspended read the third time and adopted  On motion of Mr Strick-ler house Bill 133 entitled  An act to prohibit incorporate companies from dealing in real eastate was laid on the table  House Bill 170 entitled  An act to encourage agriculture in the Territory of Kansas was read the first time, rule supended, read the second time, rule again suspended, read the third time and passed  House Concurrent resolu-tion as follows  Resolved by the House of Representatives of the Terri-tory of Kansas the Council concerning therein, that a committee consisting of two on part of the House and one on the part of the Council be appointed for the purpose of memorializing the Congress of the United States on the subject of a grant of public lands for the endowment of the

 

[208]

 

Territorial University of Kansas, was read the first time, rule suspended, read the second time and [XXXXX]  The chair appointed as such Council Com-mittee Mr Strickler  House Bill 186 entitled  An act supplemental to and amend-atory of an act providing for the pay of the clerks of the present Legislature was read the first time rule suspended, read the second time, rule again suspended, read the third time and passed  House Bill 183 entitled  An act to incorporate the Washington Town Company was read the first time, rule suspended, read the second time, rule again suspended, read the third time and passed  House Bil 169 entitled  An act to establish a Territorial road was read the first time, rule suspended, read a second time, rule again suspended read the third time and

 

[209]

 

Passed  House amendments to Council Bill 107 entitled  A Bill to incorporate the Historical and Philosphic-al Society of Kansas were read the first time, rule suspended, read the second time, rule again suspended read the third time and adopted  House Bill 185 entitled  An act to incorporate the Marysville Town Com-pany was read the first time, rule suspended, read the second time, rule again suspended, read the third time and passed  House Bill 181 entitled  An act to incorporate the Columbia Town Company was read the first time rule suspended, read the second time, rule again suspended, read the third time and passed

 

[210]

 

House amendments to Council Bill 132 entitled  An act defining the punishment of offences against public morals and decency were disagreed to  The ayes and noes being called for on the motion to disagree the members voted as follows 

Ayes Messrs Barbee Chapman Coffey Eastin Forman Grover Lykins McDonald Rees Richardson Strickler President

Noe Mr Donaldson 

House amendments to Council Bill 129 entitled  An act defining the punishment for crimes affecting prop-erty public and private were read the first time rule rule supended, and read the second time  On motion of Mr

 

[211]

 

Rees the amendment was amended as follows  strike out “in the peniten-tiary”  The amendments were read the third time and adopted  House amendments to Council Bill 123 entitled  An act to incorporate the Alexandria Coal Mining Company were read the first time rule suspen-ded, read the second time rule again suspended, read the third time and adopted  House Bill 184 entilted  An act to license and tax merchants was read the first time, rule sus-pended, read the second time and referred to the Committee on Ways and Means  House Bill 187 entitled  An act to incorporate the Richmond Town Company was read the first time rule suspended, and read the second time  On motion of Mr Donaldson the Bill was amended as follows  Insert the names of John A Dolman, Frederich I Ebert

 

[212]

 

Cyrus Dolman Jas. O. Donohue, Augustus Leist John Donaldson and Daniel Vanderslice  The amendments were read the third and adopted  House Bill 108 entitled  An act regulating Elections was taken up and on motion the Council insisted on their amendments  On motion a com-mittee of conference was appointed consisting of Messrs Coffey, Forman and Rees  House Bill 166 entitled  An act to incorporate the Port William Town Company was read the first time, rule sus-pended, read the second time, rule again suspen-ded, read the third time and passed  On motion of Mr Barbee the rules were sus-

 

[213]

 

-pended whereupon he introduced a bill entitled  An act establishing the counties of Washington and Marrion  Which was read the first time, rule suspended, read the second time, rule again suspended, considered as engrossed, read the third time and passed  Mr McDonald introduced a bill entitled  An act concerning an act entitled an act concering corporations  Which was read the first time, rule suspended, read the second time, rule again suspended, considered as engrossed read the third and passed  Mr Strickler introduced a bill entitled  An act attaching certain Territory to the County of Madison  Which was read the first time rule suspended read the second time, rule again suspended, consid-ered as engrossed, read the third time and passed  House Bill 172 entitled  An act to incorporate the Leavenworth Bank was

 

[214]

 

read the first time, rule suspended and read the second time  On motion of Mr Richardson the Bill was laid on the table until the meeting of the next Legislative Assembly upon which motion the members voted as follows 

Ayes Messrs Chapman Coffey Forman Lykins McDonald Richardson Strickler President 

Noes Messrs Barbee Donaldson Eastin Grover Rees 

Mr Forman moved to reconsider the vote  Mr Coffey moved to lay the motion on the table upon which the members voted as follows 

Ayes Messrs Chapman Coffey Forman Lykins McDonald Richardson

 

[215]

 

Strickler President 

Noes Messrs Barbee Donaldson Eastin Grover Rees 

And so the motion was laid on the table  Mr Rees introduced a bill entitled  An act in relation to Arrapaho County and attaching certain Territory  Which was read the first time, rule suspended, read the second time, rule again suspended, read the third time and passed  Mr Rees introduced a bill entitled  An act pre-scribing the time of hol-ding the District Courts  Which was read the first time, rule suspended read the second time and referred to the Committee on Judiciary  Mr Rees introduced a bill entitled  An act in relation to Cerks of the District Courts  Which was read the first time rule

 

[216]

 

suspended, read the second time and referred to the Committee on Judiciary  On motion of Mr Richardson the Council adjourned  Tuesday Morning  28th Aug 1885  The Council met pursu-ant to adjournment  Prayer was offered by the Rev. Mr Peery Chaplain  The Roll was called  Absent Messrs Chapman and Richardson  The Journal was read & approved  The following com-munication was laid before the Council by the President  To the Honorable the Council of the Territory of Kansas  The undersigned respectfully tenders his resignation as Chief Clerk of the council, to take effect at the end of sixty days from the ad-journment of the

 

[217]

 

present session of this Legislative Assembly Aug 28 1855  John A Halderman  On motion of Mr Rees the resignation was accepted  The Committee on Ju-diciary through Mr Rees reported back  An act to incorporate the Missouri and Kansas River Navigation Company  And in lieu thereof report a substitute entitled  An act to incorporate the Missouri and Kansas River Navigation Company  Which was read the first time, rule suspended, read the second time, rule again suspended, read the third time and passed  An act to prevent illegal banking and the circulation of depreciated paper currency  With the following amendment  Strike out 4th section and as amended recommended its passage  The amendment was read the first, rule suspended, read the second time, and adopted  The Bill was read the third time and passed

 

[218]

 

An act prescribing the times of holding the District Courts  Which was read the third time and passed  An act to prohibit the settling of five negroes and mulattoes  Which was read the third time and passed  Your committee have had before them a concurrent resolution providing for the appointment of a Committee of revision, which they recommend should be laid on the Table.  Which was accordingly done  Mr Donaldson from the Committee on Printing submitted the following report  The committee on Printing have examined the account submitted by the Public Printer and find the same to be correct as far as they have any knowledge of ascer-taining and ask of the Council to receive the report as the printing is still referred to the Secre-tary of the Territory for

 

[219]

 

further investigation  See appendix  On motion the report was received  The Committee on In-ternal Improvements through Mr McDonald chairman reported back “an act to incorporate the Kansas River Raid Road Company and recommended its passage provided said road should not interfere with a franchise already granted to the Leavenworth and Pawnee Road  On motion of Mr Rees the bill was laid on the table  Mr Coffey submitted the following report  The committee of Conference on part of both houses in the disagreement as to the mode of voting agree to report the following provision as a substitute for the council amendment to a bill entitled  An act regulating Elections,  “All voting shall be by ballot until the first day of November 1856 and from and after that time all voting shall be [XXXXX]  The substitute was read

 

[220]

 

the first time, rule suspended, read the second time, rule again suspended read the third time and adopted  The Committee on ways & means through Mr Coffey reported back a substitute for House Bill 184, entitled  An act to tax mer-chants,  Which was read the first time, rule sus-pended, read the second time, rule again suspended read the third time and passed  On motion the House Bill was laid on the table  Mr Coffey from the select Committee to whom was referred  An act providing the time and places of holding the United States District Courts reported the following amendment  Fill the blank occa-sioned by striking out the word [XXXXX], with “Paola in the County of Lykins for the second Judicial Dis-trict.  The amendment was read the first time

 

[221]

 

rule suspended, read the second time, rule again suspended read the third time and adopted  Mr Richardson introduced a bill entitled  An act supplemental to an act entitled an act to provide for the location and establishment of Territorial roads in the Territory of Kansas  Which was read the first time rule suspended read the second time, rule again suspended, read the third time and passed  On motion of Mr Coffey a bill entitled  An act to provide for the election of Public Printer was taken up and Council insisted on disagreement to House Amendments to the Bill  Mr Richardson from the committee of Conference to whom was referred House amendment to Council Bill entitled  An act regulating the interest of money reported back the same and recom-mended its passage  The amendment was read the third time and adopted

 

[222]

 

Mr Johnson introduced a bill entitled  An act to fix the salary of Auditor and Treasurer  Which was amended read the first time, rule suspended, read the second time, rule again suspended read the third time and passed  Mr Forman submitted the following report  The comittee on enrolled bills beg leave to report that they have examined & found correctly enrolled bills of the following titles: viz:  “An act providing for the pay of Chief and assis-tant clerks of the Council & House of Representatives”  “An act to incorporate the Town Company of the Town of Iola in the County of Doniphan in Kan-sas Territory”  “An act concerning the plats of Towns and Villages”  “An act concerning [XXXXX]”  “An act to incorporate a ferry at White-head in Kansas Territory” 

 

[223]

 

The following message was received form Acting Governor Woodson  Executive Department Aug 28th 1855  To the Honorable the Council of the Territory of Kansas  I have the honor to announce that I have sign-ed Council Bills of the following titles:  “An Act providing for the office of Sheriff and prescribing his duties  “An Act regulating Conveyances  “An act concerning the Action of [XXXXX]  “An Act concerning Boatmen  “An Act to organize the county of Arapahoe in the Ter-ritory of Kansas and to define the boundaries thereof  “An Act to incorporate the Cofachiqui association Kan-sas Territory  “An Act in relation to County organizations powers and privileges  “An Act regulating the Writ of Ad quod damnum  “An Act establishing a Territorial Road from the town of Iowa Point to Eugatah on the Arkansas River  “An act respecting Executors and Administrators  “An act concerning perpetuating Testimony  “An Act relating to the practice in Courts of Chancery  “An Act for opening and keeping in repair roads and “highways  “An Act to incorporate the Central Rail Road Company  An act to establish the office of County Recorder

 

[224]

 

An act concerning the statues and Legislative proceedings  An act regulating the action of Ejectment  An act regulating contracts and promises  An act regulating Ferries  An act regulating banks and prescribing the forms of oaths of office  The following message was received from the House of Representatives by Mr Lowe Assistant Clerk  Mr President  I am instructed by the House of Representatives to inform the Council that the speaker of the House has signed the following Enrolled Council Bills  An act to establish the Treasury Department & to define the powers and duties of Treasurer and Auditor  An act to incorporate the Centreville Seminary and Town Association  An act to incorporate the Leavenworth Jail Association  An act concerning Depositions

 

[225]

 

An act to incorporate the Tecumseh Town Association  An act fixing the time of meeting of the Legislative Assembly  An act to incorporate the Leavenworth Insurance Com-pany  An act concerning the plats of Town and villages  An act conering Gaming  An act to establish a ferry at Whitehead on the Missouri River  An act to incorporate the Town Company of Iola in the county of Doniphan in the Territory of Kansas  An act providing the pay of the chief and Assistant Clerks of the Council and House of Representatives  Also the following House Bills  An act to incorporate the Town of Fort Scott  An act to incorporate the town of Fort Scott  An act to permanently establish a Medical College at the Town of Lecompton  An act to provide for the institution and support of a Ministry in Kansas Territory  An act to incorporate the Delaware Town Company  An act to incorporate the

 

[226]

 

Kansas Mining Company  On motion of Mr Rees Resolved – That the Council now proceed to the election of a chief clerk to fill the vacancy occasioned by the resigna-tion of #John A Halderman  Nominations being in order Mr Rees nominated D Scott Boyle  Mr Grover nominated Thos. C Hughes  Mr Richardson nominated B.F. Simmons  Mr McDonald nominated  John Martin  Mr Donaldson nominated  James M Lyle  Mr Forman nominated  S.A. Lowe  Mr Donaldson withdrew the name of James M Lyle  On the first ballot the members voted as follows  For Mr Hughes Messrs Barbee Donaldson, Eastin, Grover  For Mr Boyle, Mr Rees  For Mr Martin, Messrs Coffey McDonald, Strickler and President  For Mr Simmons Messrs Lykins and Richardson  For Mr Lowe Mr Forman  No candidate having re-ceived a majority of the votes cast, the Council proceeded to a second ballot, which

 

[227]

 

resulted as follows  For Mr Hughes Messrs Barbee Donaldson, Eastin, and Grover  For Mr Martin Messrs Coffey McDonald, Strickler and President  For Mr Simmons Messrs Lykins, Rees, and Richardson  For Mr Lowe Mr Forman  Mr Chapman absent  No candidate having received a majority, the council proceeded to a third ballot Which resulted as follows  For Mr Hughes Messrs Barbee Chapman, Donaldson, Eastin Grover, McDonald and Strickler  For Mr Simmons, Messrs Coffey, Forman, Lykins, Rees, Richardson, & President  Mr Hughes having received a majority of all the votes cast was declared duly elected chief clerk  On motion of Mr Eastin the Council adjourned  Afternoon session  The Council met at the usual hour -  Nominations for En-grossing Clerk being in order to fill the vacancy occasioned by the election of Mr Hughes to the Chief Clerkship, Mr Rees

 

[228]

 

nominated D Scott Boyle  On which the member voted as follows  For Mr Boyle – Messrs Barbee Coffey, Donaldson, Eastin, Forman, Grover, Lykins, McDonald, Rees, Richardson, Strickler, and President  Mr Chapman absent  Mr Boyle was accordingly declared duly elected Engrossing Clerk  Mr Grover from the Committee on Judiciary submitted the following minority report  The undersigned mem-ber of the Judiciary com-mittee to who was referred “An act to exempt homesteads and certain other property from execution respectfully rec-ommend its passage without amendment.  Mr Eastin offered the following amendment  Amend Sects. 1st by way of [XXXXX]  Provided nothing in this act shall be so construed as to apply to [XXXXX] be-fore the first day of [XXXXX] next.

 

[229]

 

Mr Richardson offered the following amendment add to Sec 5th.  [XXXXX] any property to such exemption the conveyance of the same shall show that it is designed to be held as a homestead under this act, or if already purchased or the conveyance does not show such design a notice that the same is designed to be so held shall be executed and acknowledged by the person owning the said property which shall contain a full description thereof and shall be recorded in the office of the clerk of the probate court of the county in which the said property is [XXXXX] in a Book to be provided for that purpose and known as the Homestead exemption Book But no property shall by [XXXXX] of this act be exempt from sale for now payment of taxes or assessments or for debts contracted for the purchase thereof  The amendments were read the first time, rule suspended, read the second time rule again suspended, read the third time and adopted  On the passage of the bill the members voted as follows

 

[230]

 

Ayes Messrs Barbee Donaldson Eastin Grover Lykins Strickler 

Nays Messrs Coffey Forman McDonald Rees Richardson President 

An so the Bill was lost  Home Concurrent Resolution was taken up and read as follows  Resolved By the House of Rep-resentatives, the Council concur-ring therein, the the two houses go into joint session imme-diately for the purpose of reconsidering the election of Horace Grey as a Commissioner of Leavenworth County, and John T. Brady as District Attorney of the third Judicial District  Mr Eastin proposed to amend by striking out after the word County  Which was adopted by Mr Lowe assistant clerk  Mr President

 

[231]

 

I am [XXXXX] by the House to inform the Council the the House disagrees to Council amendment ot House Concurrent Resolution in regard to going into Joint Session  On motion of Mr Grover the Council insisted on its amendment  Mr Lyle Chief Clerk of the House informed the Council that the House adhered to its disagreement to Council amendment to House Concurrent resolution  On motion of Mr Strickler the resolution was laid on the table  On motion of Mr Rees Resolved By the Council the House of Representatives concerning therein that the two Houses go into Joint Session for the purpose of reconsider-ing the lection of H. Grey as a member of the Board of County Commissioner of the county of Leaven-worth  Mr Rees introduced a bill entitled  An act to apportion the representatives in the next Legislative Assembly  Which was read the

 

[232]

 

first time, rule supen-ded, read the second time and referred ot the Com-mittee on Elections  On motion of Mr Rees the Council [XXXXX] to the Hall of the House of Representatives to go into joint session for the pur-poses indicated in the resolution  Joint Session, the President of the Council in the chair  Mr Horace Grey through Mr Eastin tendered his resignation as County Com-missioner of Leavenworth County  Nominations being in order, to fill the vacancy  Mr Rees nominated Matthew R Walker  Mr McMeekum nominated L F. Hollingsworth  On the first ballot there appeared

For Mr Walker 23 votes

 “     “   Hollingsworth 10 votes 

The Councilmen voted as follows

For Mr Walker – Messrs Barbee Coffey, Lykins, McDonald Rees, Richardson, Strickler and President

 

[233]

 

For Mr Hollingsworth – Messrs Donaldson, Eastin, Forman, Grover,  Mr Walker having received a majority of all the votes cast, was declared duly elected Commissioner of Leavenworth County  Mr Donaldson moved that the Joint Session be now dissolved  Which motion the chair decided not deba-table  Mr Stringfellow of the House appealed from the decision of the chair Which appeal was sustained by the Joint session  On motion the Joint session was dissolved  The Council returned to their chamber  Mr Rees introduced a bill entitled  An act explanatory of an act fixing the times of meeting of the Legislative Assembly  Mr Strickler offered the following resolution  Resolved, By the Council, the House of Representatives con-cerning therein, that all the treatises made by the United States with the

 

[234]

 

several Indian tribes residing in the Territory of Kansas together with the public acts passed by the N. S. Congress relevant to the Territory of Kansas be published with the laws enacted and adopted by the present Legislative Assimbly  That a copy of the map of Kansas Territory made under the direction and supervision of the Indian Department at Washington be furnished each member and officer of the Legislative Assembly  Mr Rees offered the follow-ing amendment  And after the word “Kansas” and before “be” in 11th line  And also a list of all the civil and military Territorial officers and the members and officers of the present Legislative Assembly  Which amendment together with the resolution was read the first and second time and adopted  On motion of Mr Lykins the Council adjourned

 

[235]

 

Wednesday Morning  Aug 29th 1855  The Council met pursuant to adjournment  Prayer was offered by the Rev. Mr Peery Chaplain  The Roll was called Absent Messrs Chapman Eastin and Stickler  On motion of Mr Rees the reading of the Journal was dispensed with  On motion of Mr Rees the rules were suspended for purposes indicated  On motion of Mr Forman a bill entitled  An act regulating the practice of Medicine in Kansas Territory was taken up by reconsideration of vote on passage  On motion of Mr Rees the bill was laid on the table  The committee on Elections through Mr Grover chairman reported back and recommended the passage of a bill entitled “An act to appor-tion the represnetatives in the next Legislative Assembly  The Bill was

 

[236]

 

read the third time and passed  House amendments to Council Bill entitled  An Act for the pro-tection of married women were read and disagreed to  Mr Rees introduced a bill entitled  An act to pro-vide for a call session of the Legislature  No place being designated in the bill, for such meeting the Council proceeded to select one by ballot   Nominations being in order  Mr Rees nominated Leavenworth  Mr Grover nominated Kickapoo Mr Donaldson nominated Pawnee  Mr Strickler nominated Tecumseh  Mr Barbee nominated Fort Scott  Mr Richardson nom-inated Lawrence  On the first ballot there appeared  For Pawnee Mr Donaldson For Kickapoo Messrs Forman and Grover

 

[237]

 

For Leavenworth Messrs Eastin and Rees  For Tecumseh – Messrs Lykins and Strickler  For Fort Scott – Messrs Barbee and Coffey  For Lawrence Messrs – McDonald Richardson and President  There being no choice the Council proceeded to a second ballot which resulted as follows  For Leavenworth Messrs Don-aldson, Eastin, Forman, Grover, Rees and Richardson  For Tecumseh Messrs Coffey Lykins, Strickler and President  For Fort Scott Mr Barbee  For Lawrence Mr McDonald  There being no choice the Council proceeded to another ballot which resulted as follows  For Leavenworth Messrs Donaldson, Eastin, Forman Grover, Rees, and Richardson  For Tecumseh Messrs Barbee Coffey, Lykins, McDonald, Strickler, and President  There being no choice the council proceeded to another ballot which resulted as follows  For Leavenworth- Messrs Donaldson, Eastin, Forman, Grover, Rees, Richardson, and President

 

[238]

 

For Tecumseh Messrs Barbee Coffey, Lykins, McDonald Strickler -  The blank was accordingly filled with “Leavenworth”  Mr McDonald moved to reconsider the vote by which was passed An act to apportion the representatives in the next Legislative Assembly Lost  House Substitute for Council Bill entitled  An act pres-cribing the time of holding the District Courts was taken up, read the first and second time and referred to the Committee on Judiciary  House Amendments to Council Bill entitled  An act appropriating money for House, Rent were disagreed to  House amendments to Council Bill entitled  An act for the protection of Married women were disagreed to  House Bill 160 entitled An act to establish the statues of the Territory of Kansas and for other purposes

 

[239]

 

was read the first time, rule suspended read the second time and again suspended, and read the third time  The Bill was amended on motion of Mr Grover by striking out the first section [XXXXX]  And as amended the Bill was read the third time and passed  On motion of Mr Strickler the Council adjourned  Thursday Morning  Aug 30, 1855  The Council met pursu-ant to adjournment  Prayer was offered by the Rev. Mr Peery Chaplain  The Roll was called Absent Mr Chapman  The Committee on Judiciary through Mr Rees chairman reported back a bill entitled  An act to [XXXXX] the times of holding District Courts and recommended its passage  Which was considered as engrossed, read the third time and passed  On motion of Mr Rees One Hundred copies of the Bill

 

[240]

 

were ordered to be printed  House amendments to Council Bill entitled  An act to apportion the representatives in the next Legislative Assembly were read the first time rule suspended, read the second time and rejected by the following vote 

Ayes Messrs Donaldson Richardson and President 

Noes Messrs Barbee, Coffey Eastin, Forman, Grover Lykins, Rees and Strickler 

On motion the Council adhered to its disagree-ment to House amendments to Council Bill entitled  An act ot appropriate money for house Rent  On motion of Mr Strickler the council disagreed to House Amendemtns to Council Bill entitled  An act regulating Executions  On motion of Mr Grover Resolved that [XXXXX] was the understanding of the members of this Council where the Legislative assembly in joint session at Pawnee [XXXXX] John [XXXXX] public printer that it was the duty of said public printer to do all the incidental printing required to be done by this Legislation, the journals of both Houses, and laws passed at this session of the Legislature Resolved further that the secretary of this Territory is hereby requested to furnish to [XXXXX] John T Brady as soon as [XXXXX] copies of laws passed to publish in book form  On motion of Mr Richardson the Council adjourned  Afternoon session  The council met at the usual hour  On motion of Mr Strickler

 

[241]

 

a Committee of conference on a bill regulating Execution was appointed to meet a similar committee from the House  The chair appointed as such committee Messrs Strickler, Richardson and Grover  On motion of Mr Strickler Resolved – That the Secretary of the Territory be and he is hereby authorized to furnish the clerks of the Council with all stationery and other things necessary in the copying and indexing the Journal of the council  That the Chief and assistant Clerks of the Council be allowed their regular per diem for five days days subsequent to the adjournment of the present Legislative assembly for the purpose of arranging and disposing in a proper manner of all the papers books and Journals of the council  On motion of Mr Strickler the Council insisted on its disagreement to House Amend-ments to Council bill entitled  An act to apportion Repre-sentatives in the next Legislative Assembly and appointed as a Committee of Conference  Messrs Strickler, Richardson

 

[242]

 

and Grover  House amendments to Council Bill entitled An act providing for a call session of the Legislative were read the first time, rule suspended, read the second time, rule again suspended, read the third time and adopted  House Bill 93 entitled  An act concerning Free Colored Persons was read the first time, rule suspended, read the second time, and referred to a select Committee of one  The chair appointed Mr Richardson  House Amendments to Council Bill entitled  An act prescribing the jurisdiction of the District Courts were read the first time, rule suspended, read the second time, rule again suspended, read the third time and adopted  House Bill entitled  An act to incorporate the Kansas, Nebraska and Utah Stage Company was read the first time rule suspended read the second time, amended by Mr Grover, read the

 

[243]

 

third time and passed  On motion of Mr Grover Council Bill entitled  An act to exempt certain lands and tenements from sale on execution was taken up, read the first time, rule suspended, read the second time, rule again suspended read the third time and passed, on which passage the members voted as follows 

Ayes Messrs Donaldson Eastin Grover Rees Richardson Strickler President 

Noes Messrs Barbee Coffey Forman Lykins McDonald 

On motion of Mr Rees the Council went into secret session on the nom-inations of the acting Governor  On motion of Mr Rees

 

[244]

 

the Council advised and consented to the appointment of a McCoffey as Major General of the Southern Divisiton of the Kansas Militia  On motion of Mr Barbee the Council advised and consented to the appointment of Wm A. Haskell as Brigadier General of the first brigade of the Southern Division  On motion of Mr Lykins the Council ad-vised and consented to the appointment of Wm Barbee as Brigadier General of the Second Brigade of the Southern Division  On motion of Mr Strickler the Council advised and consented to the appoin-tment of Wm I Jager as Colonel of the First Regiment of the southern Division  On motion of Mr McDonald the Council ad-vised and consented to the appointment of George W. Johnson as Colonel of the Second Regiment of the Sourthern Division  On Motion of Mr Coffey the Council advised and consented to the

 

[245]

 

appointment of [XXXXX] A Williams as Colonel of the third Regiment of the Southern Division  On motion of Mr Lykins the council advised and consented to the appoint-ment of Skilman FLEming as Colonel of the Fourth Regiment of the Southern Division  On motion of Mr Grover the Council advised and consented to the appointment of Wm. P. Richardson as Major General of the Northern Division of the Militia of Kansas Territory  On motion of Mr Donaldson the Council advised and consented to the appointment of F J. Marshall as Brigadier General of the first brigade of the Northern Division  On motion of Mr Rees the Council advised and consented to the appointment of Lucian J. Eastin as Brigadier General of the Second Brigade of the Northern Division  On motion of Mr Don-aldson the Council advised and consented to the appoint-ment of Robert Clark as Colonel of the First Regiment of the Northern Division

 

[246]

 

On motion of Mr Rich-ardson the Council advised and consented to the appointment of James E. Thompson as Colonel of the Second Regiment of the Northern Division  On motion of Mr Forman the Council advised and consented ot the appointment of David M Johnson as Colonel of the Third Regiment of the Northern Division  On motion of Mr Eastin the Council advised and consented ot the appointment of Archibald Payne as Colonel of the Fourth Regiment of the Northern Division  On motion of Mr Coffey the Council advised and consented to the appointment of Hiram J. Strickler as Adjutant General of the Kansas Militia  On motion of Mr Strickler the Council advised and consented ot the appointment of Thos. J.B. Cramer as Inspector General of the Kansas Militia  On motion of Mr Rees the injunction of

 

[247]

 

secrecy was removed  Mr I. C. Thompson announced to the Council through a written communica-tion his resignation as Probate judge of Nemaha County  On motion of Mr Grover the Council went into Joint session with the House to fill the vacancy occasioned by the resignation of Mr Thompson  Joint Session  The President of the council in the chair.  The joint resolution calling the two Houses together was then read  Nominations being in order, Mr Grover nominated George H. Perrin  The name of no other candidate being put in nomination, Mr Perrin was declared duly elected Probate Judge of Nemaha County  On motion of Mr Don-aldson the Joint Session was dissolved and the Council repaired to their chamber   On motion of Mr Rees the Council disagreed to House amendments to Council Bill entitled

 

[248]

 

“An act to apportion the Representatives in the next Legislative assembly  The following mes-sage was received from acting Governor Woodson  Executive Departmnet  Aug 30th 1855  To the Honorable the Council of the Territory of Kansas  I have the honor to announce having signed Council Bills of the following titles  An act to incorporate the Town Company of Iola in the county of Doniphan and Territory of Kansas  An act to establish a ferry at Whitehead on the Missouri River  An act concerning Gaming  An act concerning the plats of Towns and villages  An act to incorporate the Leavenworth Insurance Company  An act to incorporate the Leavenworth Jail association  An act to incorporate the Tecumseh Town Association  An act concering Depositions  An act to incorporate

 

[249]

 

the Centreville Seminary and Town association  An act providing for the appointment of Constables and prescribing their duties  An act providing for the pay of chief and assistant clerks of the Council and House of Representatives  An act to regulate pro-ceedings on writs of Man-damus  An act to declare a certain road a Territorial road  An act to declare certain roads public highways  An act to establish the office of County Treasurer  An act to incorporate the Occidental Telegarph Company  An act to establish a Territorial road from Wyandotte via Jacksonville to Osawkee  An act to establish a Territorial road from the city of Kickapoo thorugh the valley of salt creek to Leavenworth  An act concerning evidence  An act respecting salvage  An act to incorporate Fort Scott University  An act providing a system of confinement and hard labor

 

[250]

 

An act to incorporate the Town of Benicia  An act to incorporate the Kaw river Telegraph Company  An act to authorize Fry B Booth to keep a ferry  An act to incorporate the Town of Delaware  An act concerning [XXXXX] entries & detainors  An act to incorporate a ferry at the town of Palermo in the Territory of Kansas  An act to incorporate the Paola Town Company  An act to regulate bills  Danl Woodson  Acting Governor  The following concurrent resolution was read the first and second time and adopted  Resolved by the House of Representatives the council concerning therein, that the secretary of this Territory be and he is hereby authorized and directed to pay to R L Ream ten dollars for a map which he furnished to the Legislative Assembly of the Territory of Kansas  On motion of Mr Rees the additional committees on Enrolled Bills were appointed

 

[251]

 

House Concurrent Res-olution taken up and read as follows  Be it resolved by the House of Representatives the Council concerning therein  That the Governor of the Territory of Kansas be and he is hereby instructed to call upon the General Govern-ment or the proper department for the military arms heretofore appropriated by the Congress of the United States for the use of this Territory and that the Governor of this Territory be instructed to memorialize the Congress of the United States for an appropriation of one thousand Rifles suitable for mounted Riflemen together with the patient right to the [XXXXX] for the use of the military of this Territory  The resolution was read the first time, rule suspended, read a second time and adopted  The Committees on Enrolled Bills reported that they had examined and found duly enrolled bills of the following titles  An act for the reg-

 

[252]

 

-ulating and management of the Territorial Library  An act regulating writs and process  An act to present certain Trespasses  An act to regulate actions on Penal Bonds  An act to fix the times of holding the supreme court  An act in relation to a call session of the Legislative Assembly  An act defining the punishment for crimes affecting property public and private  On motion of Mr Eastin the Council went into secret session on the nominations made by the acting Governor for Treasurer and Auditor  On motion of Mr Strickler the Council advised and consented to the appointment of Thos. I. B. Cramer as Treasurer of the Territory of Kansas  On motion of Mr Grover and the Council advised and consented to the appointment of John Donaldson as auditor of Public accounts

 

[253]

 

The objects of the secret session having been accomplished the Council resumed its ordinary business  Mr Eastin introduced a bill entitled  An act to print the laws  Which was read the first time rule suspended, read the second time, rule again suspended, read the third time and passed  On motion of Mr Eastin Resolved by the council, that the Secretary of the Territory is hereby requested to pay to Mr Cary B Whitehead forty dollars as additional pay for the faithful performance of his duties as sergeant-at-arms of the council  Mr Donaldson member of the Council from the 6th Council District tendered his resignation, to take effect on the 31st of Aug 1855  On motion the resigna-tion was accepted  On motion of Mr Eastin Resolved – That the [XXXXX] of the Council are hereby tendered to the Hon Thomas Johnson for the impartial and faithful manner in which he has discharged

 

[254]

 

the duties of President of the Council  Mr Rees introduced a bill entitled an act explanatory of an act organizing the Treasury Department  Which was read the first time rule suspended, read the second time, rule again suspended, con-sidered as engrossed read the third time and passed  On motion of Mr Eastin  Resolved – that the thanks of this Council are due and are hereby tendered to John A Hal-derman and Charles H Grover Chief and assistant clerks of this body, for the faithful performance of their arduous duties  Mr Grover introduced an act supplemental to an act fixing the times and places of holding the first terms of [XXXX] District Courts  Which was read the first time, rule suspended, read the second time, rule again suspended, read the

 

[255]

 

third time, and passed  House Concurrent Resolu-tion was read as follows  Whereas the signs of the times indicate that a measure is now on foot fraught with more danger to the interests of the Pro-slavery party and to the session than any which was yet been agitated to [XXXXX], the proposition to organize a national Dem-ocratic party and whereas some of our friends have already been misled by it, and whereas the result rule be to divide pro-slavery whigs from Democrats thus weakening our party one half and whereas we believe upon the success of our party depends the perpetuity of the session therefore be it Resolved by the House of Representatives the council concerning therein that it is the duty of the pro-slavery party, the session [XXXXX] of Kansas Territory to known but one issue, slavery, and that any party making or attempting to make any other is and should be held as an ally of abolitionism and [XXXXX]  The resolution was read

 

[256]

 

the first and second time and adopted  On motion of Mr Eastin Resolved – That the thanks of this Council are due and tendered to our worthy and efficient President pro [XXXXX], Hon, R R Rees for his efficient and impartial discharge in the duties pertaining to said office  On motion of Mr Strickler Resolved- That the thanks of the council are hereby tendered to all the officers of the Council for the faithful performance of their duties  Mr Eastin offered the following Concurrent resolution  Be it resolved by the Council the House of Representatives concession, therein htat W M Mathias David Lykins, D. I. Johnson John A Halderman, D.A.N. Grover, L.I. Eastin and I.C. Anderson be authorized to open books for subscriptions for the Washington National Monument, and that they be and are hereby requested to frame and address to

 

[257]

 

the people of Kansas Terriotry touching the importance of a suitable contribution from this Territory as a tribute of lasting gratitude to the Father of his country” The Committees on Enrolled Bills reported that they had examined and found [XXXXX] enrolled, bills of the following titles  An act concerning writs of Two Warrants  An act concerning witnesses  An act to provide for holding Probate Courts  An act to enable persons held in bondage to sue for their freedom  An act in relation to the general provisions regulating crimes ad punishments  an act to incorporate the Kansas River Bridge Company  An act respecting Notaries Public  An act to provide for filling vacancies in the Legislative Assembly  An act to apportion the Representatives in the next Legislative Assembly  An act to authorize John G. McClelland and

 

[258]

 

Clarkson M Wallace to build a Toll Bridge  An act to restrain intercourse with the Indians  An act to establish and regulate Justices Courts  An act to establish a road from Iowa Point to the California Road  An act to incorporate the Leavenworth Improvement Association  An act regulating the interest of money  An act to provide for the partition of lands and Personal property  An act relative to certain citizens  An act concerning Guardians and Curators  An act in relation to Arapaho and attaching certain territory  An act concerning escheats  An act to incorporate the Neosho Town Associaiton of Kansas Territory  An act establishing the counties of Washington and Marian  An act to fix the time of holding the supreme court  An act to fix

 

[259]

 

the salary of auditor and Treasurer  An act to define the meaning of certain words  An act authorizing the Council and House of Representatives to punish for contept and for other purposes  An act to declare the road leading from Fort Atkinson to Bent’s old fort a Territorial road  An act regulating injunctions  An act concerning Landlord and Tenant  An act to organize discipline and govern the Militia  An act prescribing the times of holding the District Courts  An act concerning Mortgages  An act to incorporate the Columbia Town Company  An act to declare a road leading from Girard’s old crossing on the Big Osage river by way of [XXXXX] to the mouth of [XXXX] fork of Arkansas river  An act providing for charge of venue in civil cases

 

[260]

 

An act defining the punishment of crimes affecting currency and [XXXXX] public or private  An act regulating Judgements and decrees  An act to provide for the pay of officers and others  An act to regulate the practice at Law  An act concering Dower  A bill defining the meaning of certain words  An act to declare a road leading from Fort Scott to the Missouri state line at or near Phillips of the upper Drywood creek  An act to incorp-orate the Whitehead Town Company  An act to incorporate the Alexandria Coal Mining Company  Joint solution relating to forms  An act explanatory of an act to fix the times of meeting of the Legislative Assembly  An act defining the punishment of

 

[261]

 

offences affecting public trusts  An act to regulate proceedings in criminal cases  An act prescribing the jurisdiction and terms of the District Court in certain cases and for other purposes  An act concerning the office of County Sur-veyor  An act explanatory of an act organizing the Treasury Department  An act to provide for the collection of Revenue  An act regulating the proceedings upon writs of Habeas Corpus  aN act to provide for building Bridges  An act defining punishment of offences against public morals and decency  An act concerning Jails and Jailors  An act to establish a Territorial road from the Town of Neosho to Council Grove  An act concerning and the punishment of offences against the

 

[262]

 

persons of individuals  An act to incorporate the Territorial Agricultural Society  An act attaching certain Territory to the county of Madison  An act concerning bills of exchange and negotiable promissory notes  An act concerning costs  An act concerning patrols  An act to incorporate the Saline Gypsum Association  An act to incorporate the Leavenworth, Pawnee and [XXXXX] Rail Road Company  An act regulating practice in the Supreme court  An act to incorporate the Leavenworth and Lecompton Rail Road Company  An act relative to Insane persons  An act to license and tax merchants  An act relative to fugitives from the states  An act to establish a ferry at the town

 

[263]

 

of Douglas  An act to appropriate money for House rent  The following message was received from the House of Representatives by Mr Williams a member  Mr President  I am instructed by the House of Representatives to inform the Council that the speaker of the House has signed Enrolled Council Bills of the following titles  An act to declare a certain road a Territorial road  An act concerning mortgages  An act to incorporate the Town of Columbia  An act defining the punishment affecting currency, records and securities public and private  An act to regulate proceedings in criminal cases  An act concerning the writ of Two Warrants  An act to define the duties of Justices of the Peace in cases of breach of the peace

 

[264]

 

An act to apportion the Representatives in the next Legislature  An act to provide for the collection of Revenue  An act to restrain intercourse with the Indians  An act to regulate actions on penal bonds  An act to fix the time of holding the supreme court  An act in relation to a call session of the Legislative Assembly  An act to define the punishment for crimes affecting property public and private  An act to authorize John G [XXXXX] and Clarkson [XXXXX] Wallace to build a Toll Bridge  An act concerning witnesses  An act to provide for holding Probate Courts  An act to enable persons held in slavery to sue for their freedom

 

[265]

 

An act in relation to the general provisions regulating crimes and punishments  An act to incorporate the Kansas River Bridge Company  An act to recover public roads  An act providing for changes of revue in civil cases  An act to incorporate the Historical and Phi-losophical Society of Kansas  An act explanatory of an act organizing the Treasury Department  An act to provide for the pay of officers and others  An act prescribing the jurisdiction of the District Courts in certain cases and for other purposes  An act concerning the office of County Surveyor  An act defining pun-ishment for crimes affe-ting the administration of Justice  An act in relation to Fugitives from other states

 

[266]

 

An act to establish a ferry at the town of Douglas  An act explanatory of an act to fix the times of meeting of the Legislative Assembly  An act to appropriate money for House rent  Judgments and decrees  On motion of Mr Grover Resolved – That the Hundred Copies of the Probate Bill together with the supplemental act to same be printed immediately for the use of the Probate Judges in the Territory  The following message was received from Acting Governor Woodson by Mr Lowry his Private Secretary

Executive Department

August 30th 1855

To the Honorable the council of the Territory of Kasnas  I have the power of announcing that I have signed Council Bills of the following titles  An act to establish and regulate Justices Courts  An act to incorporate the Leavenworth Improve-ment Association  An act to establish a road from Iowa Point to the California Road  An act to incroproate the Neosho Town Asso-ciation

 

[267]

 

An act to provide for the partition of land and personal property  An act in relation to Arrapaho county and attach-ing certain Territory  An act regulating the intersect of money  An act inrelation to certain citizens  An act to incorporate the Lavinia Town Company in Kansas Territory  An act concerning escheats  An act concerning Guardians and curators  An act fixing the time of meeting of the Legislature  An act concerning Landlord and Tenant  An act to fix the salary of Auditor and Treasurer  An act to fix the times of holding the Supreme Court  An act to define the meaning of certain words  An act establishing the counties of Washington and Marion and to define the boundaries thereof  An act to establish the Treasury Department and define the powers and

 

[268]

 

duties of Treasurer and Auditor  An act to exempt certain property from sale on execution  An act to regulate proceedings in criminal cases  An act defining the punishment of offences against public trusts  An act explanatory of an act to fix the time of meeting of the Legislative Assembly  An act to recover public records  An act to incorporate the Historical and Philos-ophical Society of Kansas  An act defining the punishment of crimes affecting currency, records and securities public and private  An act to incorporate the town of Columbia  An act concerning mortgages  An act to declare a certain road a Territorial road  An act to restrict dram shops and taverns and to restrict the sale of intoxicating liquors

 

[269]

 

An act concerning writs of Two Warrants  An act for the regulating and managing the Territo-rial Library  An act regulating writs and process  An act to prevent certain trespasses  An act to provide for the collection of revenue  An act to apportion the representation of the next Legislative Assembly  An act to provide for holding Probate Courts  An act concerning witnesses  An act to enable persons held in slavery to sue for their freedom  An act providing for change of revue in civil cases  An act to incorporate the Kansas river Bridge Company  An act in relation to the general provisions regulating crimes and punishments  An act to authorize John G Mclelland and Clarkson M Wallace to build a Toll Bridge

 

[270]

 

An act in relation to a call session of the Legislative Assembly  An act to fix the time of holding the supreme court  An act to regulate actions on Penal Bonds  An act to restrain intercourse with the Indians  An act defining the punishment of crimes affecting property public or private  An act to organize discipline and govern the militia of this Territory  An act authorizing the Council and House of Representatives to punish for contempt and for other purposes  An act regulating the granting the granting injunctions  An act to declare the road leading from Fort Atkinson to [XXXXX] Old fort a Territorial road  An act concerning Mills and Millers and the rates of Toll  An act prescribing the times of holding the District Courts

 

[271]

 

An act relating to Insane persons  An act to regulate practice at Law  An act to incorporate the Leavenworth and Lecompton Rail Road Company  An act to license and tax merchants  An act to incorporate the Leavenworth Pawnee and Weston Rail Road Company  An act concerning Patrols  An act concerning bills of exchange  An act attaching certain Territory to the county of Madison  An act to incorporate the Territorial Agricultural Society  An act concerning costs  An act to incorpo-rate the Saline Gypsum Associaiton  An act regulating practice in the supreme court  An act to incorporate the Whitehead Town Company  An act to declare

 

[272]

 

a road leading from Fort Scott to the Missouri state line at or near the Phillips crossing of the upper Dryword creek  An act defining the meaning of certain words  An act concerning Dower  An act to incorporate the Alexandria Coal mining company  An act explanatory of an act organizing a Treasury Department  An act to establish a ferry at the town of Douglas  An act defining the punishment of crimes affecting the administration of public justice  An act relative to Fugitives from other states  An act concerning the office of County Surveyor  An act to appropriate money for house rent  An act regulating Judgments and decrees  An act to define the duties of Justices of the Peace in cases of

 

[273] 

 

breach of the Peace  An act defining the punishment of offences against public morals and decency  An act to provide for the pay of officers and others  An act prescribing the jurisdiction of the supreme court in certain cases and for other purposes  an act explanatory of an act to fix the times of meeting of the Legislative Assembly  An act to establish a Territorial road from the town of Neosho Missouri to Council Grove  An act relating to attachments  An act concerning crijmes and the punish-ment of offences against the persons of individuals  An act regulating pro-ceedings on the writ of Habeas Corpus  An act to provide for building bridges  An act to regulate executions  An act respecting Notaries Public  An act to provide for filling vacancies in the

 

[274]

 

Legislative Assembly  An act concerning Jails and Jailors  On motion of Mr Rees a committee was appointed to wait upon the Governor to learn if he had any further com-munication to make to the Council  The chair appointed as such committee Messrs Rees, McDonald, and Grover  Mr Rees moved that the House of Representatives be informed that the Council was ready to adjourn sine die  Which was agreed to  On motion the Council adjourned sine die  [XXXXX] Johnson  President of the Council  Attest John A Halderman  Chief Clerk of the Council

 

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