University of Virginia Library

CHAPTER XII.

THE LAWS OF KANSAS.

That our readers may understand exactly what the laws are
which the free State men in Kansas are now threatened with
death for disobeying, we present such portions of the statute
book of that Territory as relate especially to the institution of
slavery. The public must judge whether or not the laws deserve
the epithets, "outrageous," "unconstitutional," "disgraceful,"
lately bestowed on them by Mr. Cass, Mr. Geyer, and Mr.
Weller. The title of the volume from which we quote, is:
"The Statutes of the Territory of Kansas, passed at the first
Session of the Legislative Assembly, one thousand eight hundred
and fifty-five. To which are affixed, the Declaration of
Independence, and the Constitution of the United States, and
the Act of Congress organizing said Territory, and other Acts
of Congress having immediate relation thereto. Printed in
pursuance of the statute in such cases made and provided.
Shawnee M. L. School: John T. Brady, Public Printer.
1855."[1] Pp. 1058.

Elections.—(Chapter 66, section 11, page 332.)

Every free white male citizen of the United States, and
every free male Indian, who is made a citizen, by treaty or otherwise,

and over the age of twenty-one years, who shall be an
inhabitant of this Territory, and of the county or district in
which he offers to vote, and shall have paid a Territorial tax,
shall be a qualified elector for all elective officers; and all Indians
who are inhabitants 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; Provided, that no soldier,
seaman, or marine, in the regular army or navy of the United
States, shall be entitled to vote by being on service therein;
And provided further, that no person who shall have been convicted
of any violation of any of the provisions of an act of
Congress, entitled, "An act respecting fugitives from justice,
and persons escaping from the service of their masters," approved
February 12th, 1793; or of an act to amend and supplementary
to said act, approved 18th September, 1850;
whether such conviction were by criminal proceeding, or by
civil action for the recovery of any penalty prescribed by either
of said acts, in any court of the United States, or any State or
Territory, of any offence deemed infamous, shall be entitled to
vote at any election, or to hold any office in this Territory; And
provided further, that if any person offering to vote shall be
challenged and required to take an oath or affirmation, to be
administered by one of the judges of the election, that he will
sustain the provisions of the above recited acts of Congress,
and of the act entitled, "An act to organize the Territories of
Nebraska and Kansas," approved May 30, 1854, and shall
refuse to take such oath or affirmation, the vote of such person
shall be rejected.

Sec. 12. Every person possessing the qualification of a
voter, as herein above prescribed, and who shall have resided
in this Territory thirty days prior to the election at which he
may offer himself as a candidate, shall be eligible as a delegate
to the house of representatives of the United States, to either
branch of the legislative assembly, and to all other offices in
this territory, not otherwise especially provided for; Provided

however, that each member of the legislative assembly, and
every officer elected or appointed to office under the laws of
this territory, shall, in addition to the oath or affirmation specially
provided to be taken by such officer, take an oath or
affirmation to support the constitution of the United States, the
provisions of an act, entitled, "An act respecting fugitives from
justice and persons escaping from the service of their masters,"
approved February 12, 1793; and of an act to amend and
supplementary to said last mentioned act, approved September
18th, 1850; and of an act, entitled, "An act to organize the
Territories of Nebraska and Kansas," approved May 30,
1854.

Officers.—(Chapter 117, section 1, page 516.)

All officers elected or appointed under any existing or subsequently
enacted laws of this Territory, shall take and subscribe
the following oath of office: "I——do solemnly swear,
upon the holy Evangelists of Almighty God, that I will support
the Constitution of the United States, and that I will support
and sustain the provisions of an act, entitled, 'An act to
organize the Territories of Nebraska and Kansas,' and the
provisions of the law of the United States, commonly known
as the 'Fugitive Slave Law,' and faithfully and impartially,
and to the best of my ability, demean myself in the discharge
of my duties in the office of——; so help me God."

Jurors.—(Chapter 92, section 13, page 444.)

No person who is conscientiously opposed to the holding of
slaves, or who does not admit the right to hold slaves in this
Territory, shall be a juror in any cause in which the right to
hold any person in slavery is involved, nor in any cause in
which any injury done to or committed by any slave is in issue,
nor in any criminal proceeding for the violation of any law
enacted for the protection of slave property and for the punishment
of crimes committed against the right to such property.

Attorneys at Law.—(Chapter 11, section 3, page 132.)

Every person obtaining a license (to practice law) shall
take an oath, or affirmation, to support the Constitution of the
United States, and to support and sustain the provisions of an
act, entitled, "An act to organize the Territories of Nebraska
and Kansas," and the provisions of an act, commonly known as
the "Fugitive Slave Law," and faithfully to demean himself in
his practice, to the best of his knowledge and ability. A certificate
of such oath shall be endorsed on the license.

Slaves.—(Chapter 151; page 715.)

An Act to punish offences against slave property.

Section 1.

• Be it enacted, by the Governor and Legislative
  Assembly of the Territory of Kansas, That every person, bond
  or free, who shall be convicted of actually raising a rebellion,
  or insurrection of slaves, free negroes or mulattoes, in this Territory,
  shall suffer death.

Sec. 2.

• Every free person, who shall aid and assist in any
  rebellion or insurrection of slaves, free negroes, or mulattoes,
  or shall furnish arms, or do any overt act in furtherance of
  such rebellion or insurrection, shall suffer death.

Sec. 3.

• If any free person shall, by speaking, writing, or
  printing, advise, persuade, or induce any slaves to rebel, conspire
  against, or murder any citizen of this Territory, or shall
  bring into, print, write, publish, or circulate, or cause to be
  brought into, printed, written, published, or circulated, or shall
  knowingly aid or assist in the bringing into, printing, writing,
  publishing, or circulating in this Territory, any book, paper,
  magazine, pamphlet or circular, for the purpose of exciting
  insurrection on the part of the slaves, free negroes, or mulattoes,
  against the Territory, or any part of them, such person shall
  be guilty of felony and suffer death.

Sec. 4.

• If any person shall entice, decoy, or carry away out
  of this Territory, any slaves belonging to another, with the
  

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  intent to deprive the owner thereof of the services of such
  slaves, or with intent to effect or procure the freedom of such
  slave, he shall be adjudged guilty of grand larceny, and, on
  conviction thereof, shall suffer death, or be imprisoned at hard
  labor for not less than ten years.

Sec. 5.

• If any person aids or assists in enticing, decoying,
  or persuading, or carrying away, or sending out of this Territory,
  any slave belonging to another, with intent to procure or
  effect the freedom of such slave, or with intent to deprive the
  owner thereof of the services of such slave, he shall be adjudged
  guilty of grand larceny, and, on conviction thereof, shall
  suffer death, or be imprisoned at hard labor for not less than
  ten years.

Sec. 6.

• If any person shall entice, decoy, or carry away out
  of any State or other Territory of the United States, any slave
  belonging to another, with intent to procure or effect the freedom
  of such slave, or to deprive the owner thereof of the services
  of such slave, and shall bring such slave into this Territory, he
  shall be adjudged guilty of grand larceny, in the same manner
  as if such slave had been enticed, decoyed, or carried away out
  of the Territory, and in such case the larceny may be charged
  to have been committed in any county of this Territory, into or
  through which such slave shall have been brought by such person,
  and, on conviction thereof, the person offending shall suffer
  death, or be imprisoned at hard labor for not less than ten years.

Sec. 7.

• If any person shall entice, persuade, or induce any
  slave to escape from the service of his master or owner in this
  Territory, or shall aid or assist any slave escaping from the
  service of his master or owner, or shall assist, harbor, or conceal
  any slave who may have escaped from the service of his
  master or owner, he shall be deemed guilty of felony, and punished
  by imprisonment at hard labor for not less than five
  years.

Sec. 8.

• If any person in this Territory shall aid or assist,
  harbor, or conceal any slave who has escaped from the service
  

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  of his master or owner in another State or Territory, such person
  shall be punished in like manner as if such slave had escaped
  from the service of his master or owner in this Territory.




Sec. 9.

• If any person shall resist any officer while attempting
  to arrest any slave that may have escaped from the service
  of his master or owner, or shall rescue such slaves when in
  custody of any officer or other person, or shall entice, persuade,
  aid, or assist such slave to escape from the custody of any officer,
  or other person who may have such slave in custody,
  whether such slave has escaped from the service of his master
  or owner in this Territory or in any other State or Territory,
  the person so offending shall be guilty of felony, and punished
  by imprisonment at hard labor for a term not less than two
  years.

Sec. 10.

• If any Marshal, Sheriff, or Constable, or the Deputy
  of any such officer, shall, when required by any person,
  refuse to aid or assist in the arrest and capture of any slave
  that may have escaped from the service of his master or owner,
  whether such slave shall have escaped from his master or
  owner in this Territory or any other State or Territory, such
  officer shall be fined in a sum of not less than one hundred nor
  more than five hundred dollars.

Sec. 11.

• If any person print, write, introduce into, publish,
  or circulate, or cause to be brought into, printed, written, published,
  or circulated, or shall knowingly aid or assist in bringing
  into, printing, publishing, or circulating within this Territory,
  any book, paper, pamphlet, magazine, handbill, or circular,
  containing any statements, arguments, opinions, sentiment, doctrine,
  advice, or inuendo, calculated to produce a disorderly,
  dangerous or rebellious disaffection among the slaves in this
  Territory, or to induce such slaves to escape from the service
  of their masters, or resist their authority, he shall be guilty of
  felony, and be punished by imprisonment at hard labor for a
  term not less than five years.

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Sec. 12.

• If any free person, by speaking or writing, assert
  or maintain that persons have not the right to hold slaves in
  this Territory, or shall introduce into this Territory, print, publish,
  write, circulate, or cause to be written, printed, published,
  or circulated in this Territory, any book, paper, magazine,
  pamphlet, or circular containing any denial of the right of such
  persons to hold slaves in this Territory, such person shall be
  deemed guilty of felony, and punished by imprisonment at
  hard labor for a term not less than two years.

Sec. 13.

• No person who is conscientiously opposed to holding
  slaves, or who does not admit the right to hold slaves in
  this Territory, shall sit as a juror on the trial of any prosecution
  for the violation of any of the sections of this act.

This act to take effect and be in force from and after the
15th day of September, A. D. 1855.

Chapter 152, page 718.

An Act giving meaning to the word "State."

Sec. 1.

• Wherever the word "State" occurs in any act of
  the present Legislative Assembly, or any law of the Territory,
  in such construction as to indicate the locality of the Operation
  of such act or laws, the same shall in every instance be taken
  and understood to mean "Territory," and shall apply to the
  Territory of Kansas.