the constitution, at what time the territory shall be received as state into the Union. Such are the great political rights which are solemnly declared and affirmed by that act.
Based upon this theory, the act of congress defined for each territory the outlines of republican government, distributing public authority among the lawfully created agents—executive, judicial and legislative—to be appointed either by the general government or by the territory. The legislative functions were entrusted to a council and a house of representatives, duly elected and empowered to enact all the local laws which they might deem essential to their prosperity, happiness and good government. Acting in the same spirit, congress also defined the persons who were in the first instance to be considered as the people of each territory; enacting that every free white male inhabitant of the same above the age of twenty-one years, being an actual resident thereof, and possessing the qualifications hereafter described, should be entitled to vote at the first election, and be eligible to any office within the territory; but that the qualifications of voters and holding office at all subsequent elections should be such as might be prescribed by the legislative assembly; provided, however, that the right of suffrage and of holding office should be exercised only by citizens of the United States, and those who should have declared on oath their intention to become such, and have taken an oath to support the constitution of the United States and the provisions of the act; and provided further, that no officer, soldier, seaman or marine, or other person in the army or navy of the United States, or attached to troops in their service, should be allowed to vote or hold office in either territory by reason of being on service therein.
Such of the public officers of the territories as, by the provisions of the act, were to be appointed by the general government, including the governors, were appointed and commissioned in due season—the law having been enacted on the 30th of May, 1854, and the commission of the governor of the territory of Nebraska being dated on the 2d day of August, 1854, and of the territory of Kansas on the 29th day of June, 1854.
Among the duties imposed by the act upon the governors, was that of directing and superintending the political organization of the respective territories. The governor of Kansas was required to cause a census or enumeration of the inhabitants and qualified voters of the several counties and districts of the territory to be taken, by such persons and in such mode as he might designate and appoint; to appoint and direct the time and places of holding the first elections, and the manner of conducting them, both as to the persons to superintend such elections, and the returns thereof; to declare the number of the members of the council and house of representatives for each county or district; to declare what persons might appear to be duly elected; and to appoint the time and place of the first meeting of the legislative assembly. In substance, the same duties were devolved on the governor of Nebraska.
While, by this act, the principle of constitution for each of the territories was one and the same, and the details of organic legislation regarding both
