The New York Herald Newspaper, July 31, 1856, Page 2

that there were a nomber of persons aft who were disputing about something ; 1 thought it the firt duty of persons, ander such circumstances, to ren- der assistance to the woanded ; 1 was two or three hours in assisting ; | took no part im the meeting; I ‘was anxious to find out the cause of the acc t, and going into the saloon! saw @ number of per- sons there congregated, who said that one of the en- gineers had tol. them the boilers were defective ; some one said we had betterask the engineer whe- ther he uad said so,when a gentleman came forward and said that he had talked with the engineer about the boiler aud that he had said it was defective ; I asked ove of the crew what was the reason of the boiler tarsting, when he said that there was some defect in it; I thik’ the gentleman who said the engineer told him the boiler was defective was named Colburn; Ido not know where he lives; it seemed to me t) be gi known among the bands of the boat that the boilers were defective; that was my impression, and I should do vio- lence to my feelings if RE. not state - Thad no conversation with engineer myself ; about half an hoar previous to the of the State of Maine, | got into conversation with a man, who was apparently a mechanic; he said that he and some other men bad come up to mend the very boiler that barsted; be said that his “boss” was one of the injured ; he said that they had tink- ered the boiler quite often ; he said he did not want every one to bear him talk so; I have no knowledge of boilers, and do not know but what this Rokering, as he called it, was quite common ; there was one passenger on board that | recognise, and he, was informed, lef* the State of Maine at Newport; the name of this person was Sendder; the im- prasion Igot from these gentlemen was, that the rs were defective ; | understood that they were Othe iSquest wes here adjoumed until Taseda i was until Ta morning ats o'clock, on account of the absence of the officers and crew of the Empire State, who were not expected from New York until Tuesday morning. ea TUESDAY'S PROCEEDINGS. JULY 29.—The inquest was resumed this morning, when Capt. Benjamin Breyton, of the steamboat Em- ire State, beirg duly sworn, deposed that he had ‘o in command of the boat for six years and a half. 1 was on beard on Saturday night last; we left Fall River at twenty minutes 7, amd lett Newport at @ quarter before 9 o'clock; the accident took place about ten minutes before 10 o'clock; there was noth- ing out of the ordinary course; everything was goin, on as usual; I knew nothing of the Necised until saw the steam coming out of the side of the boat; I did not bear any complaint about the ity of the boilers; it was @ common thing for boilermakers to be on board, as there were besiege 3 repairs to be made; Mr. Ket-hum, the master boilermaker, was on board; I had every confidence in his judgment. Q. By a Jaror—It has been rumored . Mr. Ketchum refused to go on board the Empire State, n account of the condition of her boilers. State what you know in reierence to aramor? A. Mr. Ketchum never refused to on board of the beat; be was among the killed; the de- ceased was @ man of great experience, and, in tact, it was said by one of the proprietors of the line that he was one of the best workmea they ever had in theiremployment, and they did not know how they could replace him. Q. Were there any other boilermaker’s on board ? A. There were four or six beside deceased; one of them was iujured. Q. Now state what occurred on your hearing the explosion. A. At tirst there was a sharp ringing noise, as if from a gong; then there was a dull, dis- tant noise, as if che blowers were bursted; I went to the spot and ordered the hose to be manued, and gving forward I met Mr. Ketchum; { asked him if be was hurt; he said, “Not much, except about the hands;” I tried to get down below, but could not, and I then ascended the upper deck for the purpose of surveying the scene; from the upper deck I went to the afterguard, and got into the ladies’ saloon; there I sbut the doors, soas to keep the steam oat of tke cabin; the steam envelopea everything, but it was not warm enough to scald: I told the iadies ‘that all those who were not already scalded were perfectly safe, and should not be alarmed; I had not seen any of wounded at that time, except Mr. Ketchum; en went to state room No. 13, and awakened a lady and her child who were asleep; they came out in their night clothes and were unia- jured; I wrapped some bed clo'bes aroand them aud told them not to be frightened; | then went to the engine room door, which is situated in the saloon, and opened it, but the steam was so dense that | was obliged to shui it again; ] saw some men on the forecast e and told them t» let go the anchor; I then went aft for a few minutes; | called for Mr. Brockway, the engineer, and found that he was aa- injured; I found that Ezra Williamson. the third en- gineer, was budly injured; I told the engineer w go down into the engine room immediately by meaas ot a skylight; Mr. Brockway broke open the sky- ight himself; we then went down on the main deck with lanterns in our bands; all the ligits were put out, and | ordered some of the men ty relight the lanterns whic) hed deen extinguished; I looked very carefuily about the deck. fearing thet the boat might be on tire, but I could not tind any; I toid the engineers to examine their rooms closely, for fear there might be some fire asong the coals; Ithen walked aft and went up stairs; I met some ladies here; one of them was very mach a.armed; I wok her by the arm and said, you are perfectly saie, ail the danger is now over: we shail proceed back to Fall River as soon as we get ready; 1 then went below, where I saw Sam Wii- liams.n lying woon a mattrase; Lasked hia if he was much hart, but he could not give me any satis- factory anawer; I told the second pilot to attend to him and do al! he could for him; I told the cham bermaid to get everything she could for the comfort of the wounded; | told her to tear up the bedding and sbeets for bandages; all the wounded had by this time been placed upon mattrasses in the fore saloon: I gave orders t> have each of the sufferers attended. and appointed men and women t» do many things for the comfort and relief of the wounded; I chen went down upon the forward deck where I tound five men wounded; I immediately ordered up some mattrasses and bedding, and had the sufferers cared for; I then placed an attendant near euch of the wounded, while two men held light«; I then asked Mr. Brockway if he could not et steam up in the other boiler, and return to Fail iver: he replied thet he could, and I bade him do the wounded appeared to have been forward f wheel, in the immediate vicinity of the boiler and engine room; the first man who died was the fireman found in the engine room; he died in about fifteen minutes after we got to Fall River; on being informed by Brockway, the engineer, that steann was up in the other boiler, I immediately gav » orders to man the windlass, and heave up the anchor; it was hove up in quick time; I coald not teil how long it took us to come up after we hove ap the anchor; we | got into Fail River abont twenty mimates past 12 o'clock: the pilot bas got all the particulars reiating to the exact time; I told the pilot that he shoald take the shortest route back to Fall River; while [ was coming back from the pilot huase, where I had remained about fifteen minutes, I wet my bro- ther, woo informed me that the passengers were holding 4 meeting, avd passing resola tions about me and the boat auder my command; | told him not to mind the passengers or the resolutions, but to pay all his attention to the wounded; I told him that I had somethiag else to do other than looking after the meeting of the pas sengers; [ told one of the wheelemen and a brother of mine to_jamp ashore as soon as we reached Fail River indZeach mango io different directions afver sian«; I also told them to call the watohmaa, 4 him for Mr. Jefferson and Richard Borden, owners and agents of the line; after the boat was Toade {.«t to the dock, I went ashore with a lantera in my hand, and had not a great distance when | met Col. Richard Borden; | walked back with bim, told him all about the accident, and how [ bad sent for physicians; we then oo board the steamer State of Maine, and gave orders to get coal on board of her for the purpose of conveying our passengers to New York; a number of men were d,and arrangements were made for the de- re of the boat for New York: | then got the ge and crates on board the Stateof Maine, and ready to start asked Mr. Borden if it would me to on to New ork ; it would, thit Captain Brown, of the Metropolis, would take charge at Fal River; I then went on board of the State of Maine and, after that everything was in order, we started for Wew York; when pF to Newport, a loose plank, which had been to a guard brace aft of the wheel by some boys, previous to our start- ing from Fall , was cut loose by my orders; some of the Vn pa circulated a report in New York that when we got to Newport we stopped to mend the keel of the State of Maine; he wished to correct the error by saying that it was nothing more or less than the loose plank which engaged their at- tention at Newport, and this, he deposed, was tied to the brace by some boys who had been in swim ming; on our passage to New York, all went on well until after dinner, when a com nittee waited upoa me, and said they had heen depntised to inquire into my conduct; they suid they did not see me during the scene that followed the explosion; I replied to them that a creat deal of work had been done ina short space of time by some one’s orders, that [ had acted with coolness and judgment throughout the transaction, but probably there were men who would have acted better than I did ander the circumstances; we left Fall River about ten minutes past 5, and arrived in New York about a quar'er before 6 o'clock, Q. By a jaror—It is testimony that the appearance of the boiler was unasnal on the night of the scsi dent. Do you know anything coucerning the fact? ‘A. No—expect that when we fire ap ou leaving Newport the smoke stack often gets heated, and his an opasnal se; this occurs generally when the atmosphere is makry aud close, or when the westeriy or souther! have seen emoke red hot on euch otcwsime; ¢ome ten years for , when I was mate of the steamboat Riode Island, the smoke stack became so hot that it beat om hoon and BF to be sup; poms wigan braces. there anything peculiar in the con- pa the boilers of the Empire State that world ereate such a heat about the lower ead of the smoke stack. A. here is nothing that I know of, except perbaps that there are eutrances to the boilers at each end; however, I don't teel competent to enter mto any explanation on the formation of boilers. Q How long have you been in the steam. boat business. A. In July, 1528, I went om board the steamboat Hancock ‘as a deck hand; in 1832 1 went on board of the King ang 7 1 commanded both of those boats; I was deck hand, mate and master of the Hancock; I remained en board of the King Philip until 1835, when I left and gota mate's berth on board of the sloop Joseph Brown; 1 remained in the sloop some months, and then ship- a3 mate on of the steamboat Providence; the Providence I wept on board of the steaner fitted out in the Rh be priv to the Kuickerbocker; im 1847 [ took charge the King Philip, and ran her two years; I have acted as mate, pilot and on all these ovca- sions; I also had charge of Bay State some six or eight weeks, when Capt. Comstock was sick; | n in the employment of the ever since; the crew of the State numbers absat ninety as we have three Png in the anice ad partment; three engineers en; pal first and second Fin aap l two we have wheelsmen; we have a steward head waiter in the upper and lower salocnus, a clerk, about twenty-tive suilors and ten firemen, aud the balance of the crew is nade up of waiters. Q. By one ot the juroreé—Where were you when the accident took 2? A, We bore about north- west by north; Point Judich light was two miles distant; the wind was light from the west and south- weet. Q. Is it an unusyal thing to have beiler makers on board? A. It is not, sir; for we have mot got sufti- cient time on Saturdays to examine the boilers after making our trips, and therefore bring our boiler makers on board, who can then work on Sundays, when the boilers are perfectly cool. Q. Did you ever express if im danger while commanding the Empire State? A. I have not; I have had my wife and family on board often, and never considered myseli endangered. wis Q. Did you consider the censtruction of the %0il- ers faulty? A. I did, because we could not get steam enough out of them; the inspector was on board * about two months ago, amd pronounced the boilers perfectly sound. Q. Did the agents or owners ever ask you to ran the boat against your wish? A. They never did, bat, on the contrary, they always told me to use my own judgment and to go always with safety; Col. borden 3 often told me not to mind sacrificing property, when in an emergency, so long as the Safety of the boat and her passengers demanded it; the were lined new about nine months ago, and have been inspected twice since. Q. In case of a fire, what are your arrangements? A. We have t vo pumps amidships, one aft and one forward, and hose two-thirds the length of tre boat, attached to each pamp; we have a plenty of axes, &c., and are as well equipped in case of fire as any steamboat that sails out oi New York. The jury here took a recess for dianer. George’ W. Brown, of Providence, R. [., being du- ly sworn, deposed that he was 46 years of age; be was on board of the steamer Empire State on Saturday night, in the capacity of pilot; we left Fall River at the usual time, 7 o'clock; we arrived at Newport at seventeen minutes past 8 o'clock; when off Point Judith, and whie 1 was lying on the bed, I heard the explosion and the alarm; I jumped up, and dressing myself, drew the hose along the deck, and then went back to the pilot house. B Q. How long were you at anchor? A. I doa’t know. Q. Is there any record of such a fact? A. Not that I am aware of, but the time calculated from the journal of the second pilot and myself was some- where in the neighborhood of three quarters of an hour. Q. Did you take charge of the boat after the an- chor was raised? A. I did. 5 Q. Had you any knowledge of anything peculiar about «he ‘boiler? A. No; 1 never took much i- terest in the boilers. Q. How long have you been a pilot on the Sound? A. about nine yesrs. Q. In what capacity? A. I was two years master of a propeller, two years master of a sloop, and the restot the time have acted as boatmanon Loug Island Sound. ; Q. Isita common thing for the smoke pipe to present the appearance as described by the preced ing witpesees’ 4. I have seen smoke pipes red hot OD maADy 04 ions. Wituess, in coutinvation—At 53 minates past 8 o'clock we were off Kh de Island light, thirty-lour minutes afterwards we were of "G Dees fi log book, that the . it a r, frem your log ° passage made ae aebentey niht from Rhode Island fgnt to point Judith was performed ina shorter space of time than it has been for weeks past? A. 1 have exumi.ed the books, and find that the speed was rather below tne average of last week's trips; there was no strong wind or tide to retard us; the wind was {rom the southwest. Woolston Srockway, being duly sworn. deposei that be was chief engineer of the Empire S‘ate, and was on board of ber in that oe on Saturday | al Riv night last: | lave been on the er Line ever since it was started, aud have been connected with the Empire State while se was in service; on Satur- day evering last we weut down the river in tue Satine manner as usual; the smoke pipes became heat- ed, when | ordered the blower to be taken off Re. Is it your custom to take the blower off un Jer those circumstances? A. It is. Q. Do smoke stacks get hot very often ’ quite often; I have seen them red hot. A. Yes, Q. Did any passenger speak about the heat of the | smoke pipe to you’ aA. One genileman did; he acked me it there was any danger, as he had ladies with bim, and he wanted to know. Q. When the pipe becomes hot does it not indi cate that there is something out of order! A. No, sir; it is merely caused by the heat. Q. How often 49 you examiae your boilers’ 4. Every day: 1 examined them myself om the day of the accident. Q. What was the appearance of the boilers on that exaiminstion ” in their uppearance. : Q. Was there an unusual number of boiler mikers on board? A. No. Q. Was their presence on board due to any die covery made by you onthat day’ A. No. Q. What did you think of the boilers’ A. I did- not like the form of the boilers, but their constrac- tion was very good. Q. What was there objectionable in the shape of the boilers? A. They were too short aud were apt to get the smoke pipes heated. Q. Was the iron of good quality ? Was. Q. What do you regard as the primary cause of the explosion’ A. The extreme heat there, caused the life to die ont of the iron; the rivew gave way on the side next to the fire and on the lower end of the sheet; the force of the steam doubled the sheet up in the smoke chiruney, and preventing the escape dum the chimney, it returned back through the fire out through the ash pan doors, blowing them of. Q. Where were Pe when the explosion took place? A. I was aft of the wheel. (). Where were the passengers and crew who were injared’? A. They were ia and about the fire rvom, on oe deck. * einen te ‘as there more than one peron ing to you ane the heated chimneys’ A. No. Q. Were you aware of any defect in the boiler? A. I believe it A. I was not. Q. Did examine the part that exploded? A. We did; Mir. Ketcham and myself examined {t our- selves. Q. Have you any recollection of persons asking you if the boiler was not defective, and your repiy- ing in the affirmative’ A, I have not the slightest recollection of any of the kind. Q. How long would brace bolts in the chimney last in an ordinary steamboat? A. About four years. Q. How long were the bolts on board the Empire State in use? A. About nine months. Q. What steam had you on when sou left New- port’ A. About thirty, or thirty-one pouads; we are allowed to carry thirty-seven Japs Q. Under what head of steam do you usually run? A. From thirty-three to thirty-six pounds. Q. What is your maximum’ A. Thirty-seven unde, art bs A you particular about the heating of the «moke pipes’ A. For fear they might tall = and thus delay the boat, or perhaps cripple er. Were the men you had with you skilfal in department? A. They were men of experi- . Were your firemen well proved to be trusty? A. Yes, sir; they were good men. Q. You think there was nothing that indicated any defect in be boiler Oa ? br? = nt to one making a careful inspection jo, sir. Q. "There are rumors about, that Mr. Ketchum re- fosed, or was unwilling to on board: do you know anything about it? A. I know nothing of such on objection; | never heard Mr. Ketcham make any remarks about detects in the boiler Q. How many boiler m:kers bad Mr. Ketchum with bim? A. I think he had five @ 1s there any one of thore men to whom Mr. Ketchum would be most likely to entrost a job to next to himself? A. [ suppose there was, bat I could net name the a 1 What do yon nek in regard to the other wiler. Should it be overhanied’ A. I should say although the larboard chimoey s not ia the A. There was nothing onusaal | is one of the loveliest spots upon earth. | immediate neighborbood? habit of heated—I don’t think it has been heated for nearly a month, Q. Can you account for this difference im the heat of the two smoke chi I cannot. The same quantity of fuel is in each boiler, yet the starboard chimney was always most heated. Q. Might not the steam be more powerful jn the immediate neighborhood of the steampipe, & con- seqpence sf ee smoke chimney becoming red hot? A. It mig! . Could Fred heatiron red hot with steam inside? A. I don’t think could. @. Then the rivets which have given way were homes by the extreme heat of the smoke pipe? . Yes. 9 Is the boiler weakened at all? A. It is. Q. Are there any of the boiler more ex- to the heat the part around the smoke pe? A. Yes; that portion of the boiler where the ire is built i.e. the furnace, part is subject to a great deal more heat. Q. Have you ever found leakage in the flues? A. Thave. Q. Do they discover themselves in time to prevent any accident? A. Ob yes. Q. Ove of the ra says he heard a hissing noise proceeding from boiler on the night of the accicent. Do you know what caused the noise? A. ‘There was @ leak on the flangeef the steam chimney, and this probably was the cause. . Was there not more draught in the starboard boiler on the night of the accnlent than there was in the other boiler? A. No; the blower did not act so hard on the fire in the starboard boiler as it did on the larbcard. Q. Was the fire brighter in the starboard boiler? A. It was. Q. Is there wood about the smoke chimney that might ca’ fire from the heat? A. No; I meonge the woodwork don’t ik there is catching fire from the Q. Deo you get any directions for running the en- gine trom the pilot or captain? A. No, except in thick weather. Q. Did you, when you examined the boat on Saturday, see anything that could in any way have imy you with belief that anything was wee A. I did not, sir. Q. 1s it usual tor smoke stacks to be red hot? A. T have seen a number of them red hot, but it is not common for them to be red hot. Alfred 5. Beebe, first assistant engineer on board of the Empire State, was then sworn.—He deposed that he examined the boilers on Saturday last, and found aslight crack in the larboard boiler; thia was not the boiler that exploded; the boiler makers on board of the boat were on board for the a of putting a new piece in the larboard boiler. The starboard boiler wes examined and was found to be in good order; we bad repaired the latter boiler some time Reavers, and it was then, to our eyes, in good or er. Q. Did you, on your way to New York, carry more steam in the starboard teller than usual, on account of the detect you kk of in the larboard boiler? A. We did noi. We could not, because there is a counection between the two boilers. Q. Were the bolts in the starboard boiler strong enough? A. I don’t think they were. Q. Did you ever call the attention of any one to the weakness of the prace bolts in question? A. I have talked with Mr. Brockway Mr. Ketcham upon the subject, but I could not say that the owners or agents of the line were informed of the matter. Q. Did Mr. Ketchum ever express his fears in re- lation. to the wei of the bolts in your pre- sence? A. No, he did not. Q. Did he say he did not want to go down on Sa- turday night? A. Yes. He said something about his having work here to perform, and leaving his family on Sunday; but he did not express any de- sire to remain at home on account of any defect in the boiler; his objections did not, by any means, indicate that he was afraid. Q. Had you any fears as to your own safety? A. None in the jeast. Q. Is it connutee to have the smoke Lap we hot? A. It might be, if there was a heavy head of steam on. Q. Did any passengers call upon you on Satarda; night and make representations about the boilers / A. They dia not. 3 Q. Is it not common for smoke pipes to be heated red hot? A. It is. “2. When so heated do you ever apprehend dan- ger? A. No, except from fire; the pipe might fall down and set fire to the upper deck. Q. Have you ever known of an instance of that kind? A. I have not. Q. Have you seen heated smoke pipes on any other steainboat besides the Empire State? A. 1 have seen them get red hot on board of the State of Maine, but 1 cannot say thet 1 ever saw any other steamboat’s smoke pipe red hot. Q. Did you ever say that the bollers were not fit to be used on account of their not being sate? a. No, I never did; it was well known, however, that the boilers would not make steam enough, and it was a common thing for us to say, “a good b at ought 10 have sufficient steam to make her go.” Q. You say you repaired the starboard boiler some weeks ago; were your repairs directed against the portion which exploded: A. No, 1 think not; the part referred to looked ake the very strongest part o! the boiler; the intense heat of the smoke pipe was caused by the shortness of the boilers. Q. If the smoke pipe was to become red hot would it be apt to make a jocal pres-ure of steam in that A. No, I don't think it would—the satety valve would always oe a safe guide in the event of such a case. Q. How often do you examine your boilers? 4. Some parts of the boilers are examined every day, and th. entire structure is geners!ly examined every other day; @ close exawination of the entire boiler is made once 4 week. Q. As a general cule, what part of the boilers wear out first? a. The furnace parts. At the conclusion of the last witness’ testimony. the inquest was adjourned until 5 o'clock, the fol- lowing (Wednesday) morning. Our Madeira Correspondence. Foxcuat, Istanp or Maperna, June 10, 1856. Arrival of the Si. Lowis— The Island of Flowers— The American Consulate, §c., §c. The United States ship St.Louis, Livingston, com- monding, arrived bere on the 2d inst.—all weil on board. No news upon the island. Funchal, and in fact the whole island of Madeira, is a perfect garden. It It is traly a“ land of flowers.” Our Consul, Mr. March, is the man of the island. He is a gentleman of princely fortane, universally loved for his unbounded benevolence. He is a man of fine abilities, with a big heart—a fit representa tive of the American nation. When the interests of the United States are in such hands as J. Howard Mar-h, the country is certain to be respected, and her interests properly looked a’ter. Would that all our agents abroad were as worthy Mr. Bayman, connected with the consulate, is also a high toned, generous, hospitable gentieman, respec for his thousand fine qualities. “Long may he floarish.” His house is always = to Americans, and the honors a ispensed by his noble lady in srcha manner ndear her to all who may be so forta- nate as to be recipients of her kinduess. Mesars. Carter and Nuno, partners in the house of March & Co., are known only to be highly respected All who have ogre their cordial, anafected at- tention and civility, can well say, ‘ We ne'er shall see their like again.” The Jamestown is here; ail on board quite well. ‘Theatrical, Musical, &&. Nrexvo’s Garpen.--The bill for this evening can- not fail to attract a large audience. First, we are to have the Ravels in the “ Coopers,” followed Hengler on the tight rope; then dancing M Robert and the let corps, und after the Ravels in the “ Italian Brigun’s” B will be gratified to learn th. t Mr. Burton will be to commence lere on Monday. Rowrny Trratre.— The hearty apy nightly bestowed by enthusiastic audiences upon the new drama, the “Pirates of the M and mous burlesque of “ Pocahontas,” war. ranted Mr. Brougham in announcing them for repe- tition till further notice. The charming dancers, Milles Henvarde, appear between the plays each evening. Kevien’s Tanteavs.—Thoee inimitable artists, the Keller family, are to take their farewell benetit, and make their fast appearance at Empire Hall, this evening. They tender varions of their finest pic- tures, Ly eee with sweet songs and good music, and will doubtless receive what {they most traly me- rit—a bumper. Tar Ermrorians.—Ceo. Christy and Wood's mit strels are about withdrawing for the summer-—they close on Satarday. In the meantime they propose to favor their patrons with numerous o! fhe old songs and dances characteristic of fe, and which rendered them famous in early days. Latest from Kansas. From the St. Louis Democrat, July 2%.) The report that one of General Lane’s regiments had crossed the Missouri into Nebraska is untrue. The officers of the steamer Genoa, which was at Pen s landing. a few miles below Nebraska city, on the night of the 2ist, state that four hundred is the number of the men who had marched with him through lown, and that \hey had not left that Stote, bnt were still encamped in the woods, skirting the river. on a apot a few miles from Bennets's ferry. The farmers in the neighborhood supply them with f od, ond d+ sertions from the party are of frequent occurence, - NEW YORK HERALD, THURSDAY, JULY 3i, 1856. THE PACIFICATION OF KANSAS. Mr. Dunn’s, Substitute 111 for the Senate, as it Passed the Hetue of Representatives, July 19, 1856, by a Vote of 88 to 74 A BILL TO REORGANZZE THE TERRITORY OF KANSAS, ANP FOR OTHER PURPOSES. Be it ewaéttd by the Senate and House of Representa- tives of the United States of America in Congress assem. bled, That all that part of the territory of the United States which hes between the parallels of thirty-six de grees and thirty minutes and forty degrees of north lati- tude, and which is east of the eastern boundary of the Territory of Deseret, to the southeast corner thereof, aa east of a line thence due gouth to the eaid paral’ e) of thirty-six degrees thirty minutes north latitude, and is unded on the east by the western bound ary of the Bate of Missouri, shall constitute one Territory, and shalt be, and hereby is, constituted and orgentzsd into a tem- porary government by the name of the ‘Territory of Kan- sas: Provided, That nothing in this act shall be so coa- strued as to impair or in any way interfere with the rignts of person, property, or the government of avy Indian or Tndian tribes now within said limits, which been heretofore secured to such Indian or tribes by any treaty or law of Congress, 80 long as such rights or government sball remain uvatfected by laws of Congress to be passed, or treaties to be made, after the passage of this act. Nor sball anything herein contained impede or otherwise affect the authority of the government of the United States to make any regulations respecting such Indians, their government, property, or other rights, by law, treaty, or otherwise, hereafter, which it would bave been 90 upe- tent for the government of the United States to make if this act had never passed. And provided further, That nothing in this act contained sball be construed to pro- hibit the government of the United States trom hereafter dividing said territory of Kansas into two or more States o¢ Territories, in such manner and at such time or times as Corgress shail deem convenient and proper, or from attaching all or any portion thereof to any other State or Territory of the United States, except to such as by any law or usage may at the time tolerate the institution of slavery. Seed, And be it further enacted, That the executive power and authority in and over said Terri of Kansas hall be vested in a governor, who shail hold his office for four years, and vntil his successor shall be appointed and qualitied, unless sooner removed by the President of the United States, The Governor shail reside within said Terri- tory, sball be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of Superintendent of Indian Affairs, and shall approve ot ail laws passed by the legislative assembly before they shall take effect, unless two-thirds of each branch of the legis- lature shail pars such law, notwithstanding the o of such governor, as hereinatter provided; he ma} pardons tor offences against the laws of sa’ ‘lory. and reprieves for offences againet the laws of the United States until the decision of the President can de made known thereon; he shall commission ai] officers who sha | be appointed to office under the laws of the saic Terri- = shall take care that the laws be faithfully exe- cuted, Sec. 8 And be it further enacted, That there shall be a secretary of said Territory, who shall reside therein. and hold his office for four years, unless sooner removed by the President of the Uniteo States; be sbuli record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts aad pro ceedings of the governor in his executive department; he shall transmit six copies of the laws and journals of the legislative assembly within sixty days after the end of cach session, and also six copies of the executive proceed- ings. on or before the first day of December in each year, to the President of the United States, for the use of the President and the executive departments: andat the same tume, twelve copies of each of raid documents to the Speaker of the House of Representatives, and the like number to the President of the Senate, for the use of Con- gress. And incase of the death, removal, resignation, or other necessary absence of the governor from the Ter: ritory, the secretary shall have, and he is hereby au thorized and required to execute and perform, all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy. Src. 4. And be it further enacted, That the legislative power and authority of said Territory shall be vested in the goverpor anda legislative assembly. The legislative assembly shall consistot a council and hovse ot repre: sentatives. The council shall consist of thirteen mem- bers, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The houre of representatives shall, at tts first xession, consist of twenty six members, possessing the vame qualifications as prescribed for members of the vouncil, snd whose term of service shall con tue one year. The number of representatives may be increased by the legislative assembly from time to time, in proportion to the increase of popula‘ion : Provided, Thatthe whole number shall never exeeed thirty-nine An apportionment shall be made nea; ly equal as practicable, among the several coun- Lies or districts, for the election of the Council and repre- veptatives, giving to each section of the Territory repre sectation n the ratio of its population, Indians not citizens of the United States excepted, as nearly as may be. Aud the members of the council and of the house of 1 epre- septatives, ut and for two months bs fore the time of their election, and during their term of service, shail reside in, and be habitants of, the district for which they may b¢ elected, respectively, and shall have been actual residents ‘ ar next before such election ca Monday in August annually thereafwr, at such places avd be conducted in such manner, as the governor shali sppomt and direct, unti! further provision by law be hall, at the same time, deciare the number of m bers of the council and house of representatives to wie: rach of the counties or dietricts shail be entitled under thiv act The number of persons horized to be electe buving the highest number of legal votes in each of 1 ai council ¢istricts for members of the cocne!! shall be de clared by the governor to be duly ele sted to the coupes! and the person or persons authorized to be elected baving the greatest number of legal votes for the house of repre sentatives, equal to the number to which each county or “istrict shall be entitled, hal) be deciared by the gover por tobe duly elected members of the house of repre rentatives: Provided, That, in case of a tie between two or more persons voted for, the governor shall order a pew election to supply the vacancy made by such tie; or, ifm vacancy in either branch of the legislative assembly shall otherwise occur, until otherwise provided by law, whe governor shall order a new election, to fli such va eancy, to he conducted as herein before directed. An! the persons thus elected to the legislative assembly sn meet atsuch place, and on such day, as the goveric ball appoint; Dut, thereafter, the time, ‘place and manner ot holding and conduct.ng all elections by tne peopie. and the apportioning the representation in ihe several coun ties oF districts to the council and house of represent tive cording vo the population, shall be pre cribed by law, as weil as the day of the commencement of the reg lar ressions of the legi no ove sextion shall ¢x ty days. See, 5. And be it further enacted, That every white male inhabitant, being a citizen of the United States, above the age of twenty-one years, who shall have been a ree dent of said Territory at the time ot the pase. act, eball pe entitied to vote at the first ei ; but thereafter, no person hall be entitied to vote at any elec tion who thali not have been an actual resident of said Territory for twelve months prior to such election. Sec. 6. And be it further evacted, That the legislative er of the Zerrinory shall extend to all rightful subjects of fegislation consistent with the constitution of ho United St es and the provisions of this act; but no law shall be passed interiering with the primary disposal of the soil; no tax shall be mposed upon the property of tue U. States; nor «bai! the lands or other property of non residents be taxed higher than the lands or other property of resi Gents. All the laws passed by the legislative assembly and governor shail be submitted to the Congress of the United States, and if disapproved shall be null and of no effret. Swe. *. And be it further enacted, That all township, district, and county officers, not herein otherwise pro: vided for, shall be appointed or elected, as the case may be, in such manner as shall be by the goveraor anc legislative aesembiy of the Territory o! Kansas. ihe governor «bali nominate, and by and with the advice and consent of the legislative counetl, appoint all officers not berein otherwise provided for; and, in the first instance, the governor alone may appoint all said officers, who shajl bold their offices until the end of the next seasion of the legislative assembly, ——— their successors are or emoluments of which shail have been increased while he wasa member, curing the term for which he was elected, and for one year alter the expi not competent for raid levislative as sembly to pars any ex post facto law, or law \impairing the validity of contracts nor any law in abridgment of the freedom of # or of the press, or to deprive any ‘one of the right trial by jury, oF of the writ of habeas corpus, nor any law requiring any property quaiitication, oF religious test, for the right to vote, hold . OF prac- tice law, or «e ve on juries. in any court of justices; nel- ther shall any person, to be entitled to any of said pri vileges, be required to take an oath or affirmation to sup. port any law other than the constitution of the United States. Nor shail crue! or unusual punishments be al lowed, nor reasonable bail be refused to any person ac- cused of any crime, except treason and murder, nor in the latter case unless the proof is evident or the pre somption great, Neither shaliany law be wed tO ou fer upon any perron or persons, natural or artificial any banking powers or privileges, of any kind woat over, or allowing any person or persons, as aforesaid with such powers granted to them in any other State or Territory of the United States, the privilege to setup, main tain, or carry on, in manner whatever, the business of banking within Territory of Kansas, Nor shal said legielative assembly borrow money on the faith of the Territory or otherwise, of authorize it to be done for any other purpose, or on any other occasion or pretence, than to protect the people of said Territory against inra- sion or ineurrection, or Indian depredations: and loans for y of such purposes shall not exceed in the aggregate, at any one time, the sum of one hundred thousand dol jare. When any loans shall be made, or vided for, it shall be the duty of the governor ef said Territory forth. Ih to inform the President of the United States thereof, and also for what specific purpose uch loan was directed. Neither rball jt be competent for the legisiative depart. ment of said Territory to issue, or anthorize to be issued, any bonds, drafts, serip, or other evidences of debt of any description, for # or for & greater amouw time, in the aggregate, than abi we in contra vention of the hall be void. All laws ehall ho, as far ne possible, eq ind wniform in their opera tion. No distinction ehall be made, in assesementa, be tween different kinds of property, for the purposes of but all such assessments shall be according to valne theroot: Provided the bey eembly May exewpt from aseeesment and taxation all pro perty held or ret apart for religious, charitable, of educa tional purpores, all public libraries, and al! private ifhra ries, cther than thore ured for profesional purposes; algo, other personal pr coeding in value thre , :herty Of any one person, not ex- To avald fusion and ‘mproprieties which may dxing in ont and the same act Cay 8 oF subjects which baye no rel to law shall embrace but one object, and gXpressed in the title of the bill or act. Aud aich shall pass the council and house of re- ves shall, before it becomes a law, be present governor for his signature. If he approve, he gn it; otherwise be shall return it to the house ia ie it originated, with his objections, who shall enter fal’ objections at large on their journal, and proceed to Te consider it. If, after such reconsideration, a jority f two-thirds of the members elected to that house shall again pass it, and have their names entered upoa their Journal upon a call of the yeas and nays, said bill shail then, with said objections, be sent to the other house for the hke reconsideration. And if said bill shall, in that house, receive a like majority, and their nam@s Be enter- ed upon their journal upov a call of the yeas aad nays, it shall become a law; subject, nevertheless, 10 review b: Congress, as in other cases. And if any bill sbajl aot be returned by the governor within three days (excluding the Sabbath) after it shall be presented to him, the same shall become a law (unless Congress forbid it) in like manner as if he had signed it, unless the assembly, by adjournment, prevent its return, in which case it shall not tea law. See. 9. And be it further enacted, That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace, The supreme court shall consist of a chief ustice and two associate justices, any two of whom sha!! congtitute @ querum, and who shall bold aterm at the seat of government of said Territory annually, aud they shall hola their oflices during a period of four years. ‘the eaid Territory shall be divided into three judicial dis. tricts, and a district court shall be held in each of said districts by one of the justices of the supreme court, at uch times and places as may be prescribed by law; and he said judges sball, after their appointments, respective- ly, reside in the uisiricts which shall be assigned them. the jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, ehall be as limited by law: Provided, That justices of the peace shall not have juris- diction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall eee ese chancery, as well as common law, jurisdiction. Each district court, or the judge thereof, shall appoint its clerk, who shal) also be the register in chance: ry, and shall keep his «flice at the where the court my be held. Writs of error, bills of exception, and ap: .s, shall be allowed in all cases, civil or criminal, from the final de cisions of said district courts to the supreme court, under such regulations a8 may be prescribed by law; but in no care removed to the as ape court shall trial by jury be allowed in said court- The supreme court, or the justices thereof, shall appoint its own clerk; and every clerk shall bold his oftice at the pleasure or the court for which he shall have been appointed. Writs of error and appeals from the final decisions of said supreme court shall be al lowed in all cases whatsoever, civil or criminal, except as hereinafter Iunited, and may be taken to the supreme court of the United States, in the grame manner and under the same regulations as from the circuit courts of the United States; but in civil suits, where the value of the property or the amount in controversy, to be ascer- tained by the outh or affirmation of either party, or other competent witness, shall not exceed one thousand dol- jar, no such appeal or writ of error shail be allowed; and each of the said district courts shall have and exercise the same jurisdiction in 9)] cases arising under the constitu tion end laws of the United States as is vested in the circuit and district courts of the United States; and the first six wd of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the-trial of causes arising und e ald constitution end Jaws; and writs of error and appeal in all such cases eball be made to the supreme court of said Territory, the same as in other cases. The said clerk shall re-eive, in ail such cases, the same fees which the clerks of the dis- trict courts of Nebraska Territory now receive for similar servicer. Sec. 10. And be it further enacted, That there shall be appointed an attorney for said Territory, who shall con- tinue in oflice tor four years, unless sooner removed by the President, and who shall receive the same fees and salary as the attorney of the United States for the pre sent Territory of Nebraska. There shall also be a marshal tor the Territory appointed, whe shal! hold his office or four years, unless sooner removed by the President, and wko shall execute all issuing from the said courts, when exercising their jurisdiction as circuit aud district courts of the United States; he shall perform the cuties, be subject to the same regulation and penaities, and be eptitied to the same hy ed fees, as the marshal of district court of the Cited States for the present Ter rory of Nebraska, and shall, in addition, be pad two bencees dolars annually as @ compensation for extra services. Sec. 11. And be it further enacted, That the governor, secretary, chief justice and associate justices, attorney, and marsbal shat) be nominated and, by aad with the advice and consent of the Senate, appointed by the Presi- cent of the United States. The governor and secretary to be appointed as aforesaid stall, before they act as such, sespectively take an oath or ailirmation before the district _uege, Or some justice of Cpl enc) in the limits of said ferriory, duly authorired to administer oaths and aifiem ations by the laws now in therein, or before the chiel justice or some associate justice of the Supreme Court of the United States, to support the constitation of the United States, and taithfully to discharge the duties of their respective eflices; which eaid oaths, when so taken, sbail be certitied by the person by whom the same shall have been taken; and such certificates hall be received and recorded by the said secretary among the execative proceedings: and the ebicf justice and associate justices, and ali other civil officers in said Territory, before they act a such, shall take a like oath or affirmation, before the said governor or secretary, or some judge or justice of the peace of the Territory, who may be duly comm ond qualified, which said oath or affirmation shal: b shed and transmitted, by the person taking the be by bim recorded as afore result from. pumber of each other, eve that shall be + every act w" preseptatir ed to the shall si which, prescribed by law. | The governor shail receive an annual alary of two thousand dollars asx governor housand dollars as Supertotendent of Indi chief justice and associate justices bali each receire an anpusl salary of eighteen hundred dollars. The secretary ual salary of eighteen hundred dollars. Hi be uarter yearly, at the treasu- ry of the United States. members of the legislative as- sembly shall be entitled to receive three dollars each pir cay during their attendance at the ses<ions thereof, and three dollars each for every twenty miles travel in going ty and returping from the said sessions, estimated accord. ing to the nearest usually travellea route. There shall be appropriated annually the sum of one thousand dol- lars, to be expended by the governor to defray the con Uingent expentes of the Territory; and there shall also be appropriated annually a suilicient «um to be expended by the secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United Statics, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental expenses: and the secretary of the Territory shall annually account to the Seeretary of the Treasury of the United States for (he manner in Which tho aforesaid sum shall have been expended, See, 12. And be it further enacted, That the inhabitants of the said Territory shall be entitied to all the Bae privileges and immunities granted and secured to all the citizens of the United States by the laws of the United states not in conflict with the provisions of this act, and also ali the rights, privileges and immunities guaranteed by the constitution of the United States; and the laws of the United Mates are hereby extended over and declared to be in force in said Territory, 80 far as the same, or avy Provision thereof, may be applicable. feo. 18. And be it turther enacted, That the logislative assembly ef the Territory of Kansas shall hold its first weesion at euch time and place in said Territory as the governor thereof shail appoint and direct. and at said first setsion, or as soon thereafter as they shall deem ex- pec ient, the governor and legisiative assembly may pro- ceed to ocate and establish the seat of government for said Territory at soch place as they may deem eligible, which place, however, may thereafter be subject wo be changed by the legislative authority of eaid Territory. c. 14. And be it further enacted, That a delegate, having the qualifications of a member of the legislative assembly i said Territory, to the House of Representa tives of the United States, to serve for the term of one year, may be «lected by the voters qualified to elect members of the legisiative assembly, at the first election contemplated by this act, who shall be entitied to the same rights and privileges as are ex ercised and enjoyed by the other Territories of the Unt ives. And thereafter such see chosen at such time as may be ball serve for the term of two enacted, That all justices of the peace, constables, sherifla, and all other judicial and mipyeterial officers, shall be in oitice within the li- mits of said Territory when this act shall take effect, sbali be, and they are hereby, authorized and required to continue to exerciee and perform the duties of their ® as officers of the Territory of Kansas, temporarily, and until they. pointed and qualified to fill their places in the manner ein directed, or until their offices shall be abolished Sec. 17. And be it further enacted, That the moneys heretofore appropriated for the purchase of a library for said Territory, if pot already, shall be expended by and upder the direction of the aid governor of the Terrttory of Kensas, in the purchase of a library, to be kept at the sat of government, for the use of the governor, legisia- tive aseembly, judges of the supreme court, secretary, marebal and attorney of said Territory, and such other ropcand and under such regulations as shall be prescribed y aw ‘Bec, 18, And be it further enacted, That when the lands in the said Territory ehall be snrveyed under the direction of the government of the United states, prepa ratory to !ringing the same into market, sections nom dered sixteen and thirty six in each township in said Territory thail be, and the same ie hereby, reserved for the purpore of being applied te the support of common echools ip sald Territory, and in the State or States and 3 2 ‘Territories hereafter to be erected out of the same, puch way end ler such regulations and restrictic i. Congress may herealter prescribe. Sec. 19, And be dt fuyther enacted, That, temporari and until otherwise provided by law, the governor me Territory may define the judicial districts of g ritory, assign the judges who are or may be ; pointed for said Territory to the seve) ‘al districts, also appoint the times and places for lolding courts the several counties or sub‘livisions in eas, of said jx cial districts by prociamation be issued) by him} the legislative assembly, at their first or any sut quent session, organize, alter, or modify’ such F cia! districts,’ and assign the judges, and alter the ti and places of holding the courts, as to them s, ball # proper and convenient. Sec. 20, And be it further enacted, That all ot, Be be appointed by the President, by and with the and consent of the Seuate, for the Territory of Ki ™ who, by virtue of the provisions of any law now ¢ ing, or which may be evacted during the i gress, are required to give security for moneys thet m be intrusted with tuem for disbu shall give-su security at such time and place, ard in such manner, the Secretary of the Treasury Co ge ed Sec. 21. And be itturther enacted, That treati laws, and other engagements made by the y of the United States with the Indian tribes imtabiting.a «of the territory embraced within this ag%, shall ithfully and rigidly observed, notwithstanding aaythi contained in this act; and that the existing agencies a superintendencies of said Indians be continued with | feme powers and duties which are now pyeseribed Jaw, except that the President of the United States ma this discretion, change the locatioa of the oifice-of perintendent. Sec. 24. And be it further enacted, That for the pi pose of further promoting the cause of learning, adva: ing thearts of peace, and giving agricultural enterpr end mechanical labor the uid of seience, as tbe lands said Territory shall be surveyed under whe direction of United States, ‘}aratory to briaging the same-into m ket, there shall be. in addition to the reservation here before made for the support of common scheols, furt! reserved from sale within said Territory, nine sntize tov ships of land. to be located and designated. in Ieee parts of said Territory, in a tract or tracts of at least’c entire township in a body, by or under direction the Secretary of the Treasury, six of which 2ovwnshi; hereby set apart as end#wments, under the fiture-dir tion of Congress, to such universities of learning as sh be established by | .¢ State or States whioh may be for ed out of said te: ritory afier the same shall have be admitted into the Union; and the other three tovenshi under the like direction, as endowments, and for the s1 port of mechanical and agricultural professcrships a departments which may be connected with oat univer ties as may in like manner be provided and establish by suca new State or States to be formed catof Territory, or such agricult ral and mechan lees seh may be ettablished by such State or States, disconnec with and independent of such universities of tearni but neither the said Territory, mor the State or 5 thereof to be formed, shall in any wise interfere with ands reserved in this act, without the con first thereto had and obtained, and then o such cousent may be expressly given. And like manner, as the lands in the Territory of Neb: shall be st yed as aforesaid, there s! be Desel from sale eighteen entire townships ia the said Te tory, to be located and designated as these are requil to be in the Territory of Kansas, in all respects, tw of which shall be held as endowments for universiti learning, and six for mechanical and age‘cultural 7 fJeesorships or schools, as may be provided and est] lished; and such reserved townships shall, in ail respe be subject to the same regulations restrictions an visions in the Territory of Nebraska, or the wate or thereof to be tormed, so far as is applicable, a6 are h inbefore prescribed in reference to the like reserv: in the Territory of Kanses, and shall be for the ben and subject to such regulations, restrictions, ‘imita and provisions as shati hereafter be established by ip regard to the new State or States that shall in fut be formed out of the said Territory of Nebraska. hall further be the duty of said secretary to cause t4 selected, locatea and reserved from sale in the said tories of Kansas ant Nebraska, respectivety, two sec! of land elsewhere in said Territories, respectively, euch and every township above required to be from sale, in lieu of sections sixteen and thirty-sia in reserved townships; and the eighteen sections in K and the thirty-six sections in Nebraska 80 ¥-be sel and ret apart in lieu of the sections sixtees and thirty of the aforesaid reserved townships, shall be trom sale for the snpport of common schoo's, aad be ject to the same restrictions in all respects as are’! before provided for other sections set apart to the u common schools. Sec. 23. And be it further enacted, purpose of encouraging the speely ettled of our new Territories of and. Neb by a population of sufficient force to jend themsel ves against all depredations of the Ind! or of other e-il disposed persons, and thus to reli government of the burden and expense of maintain great cost and inconvenience, military posts and padi treops in thoee remote Territories, every white p being the bead of a family and a citizen of the U States, or who, if of foreign birth, shall have made claratien, in due form of law, of intention to become zen of the Upited States, who shall locate upow any o lands of the United States intended for sale in said tories, and improve and cultivate the saa, at any before the first day of January, eighteen hnndred fifty-eight, and shail continue ‘to reside thereon fo whole year, with his or ber family, shail be enti coptinue such occupancy for that time and ater the first day of January, eighteen hundred and sit ty preemption, and until such lands shah be su by the United States and ready for saie, by filing a «1 such settlement and ictention to claim the ben -uch pre-emption with the register of the land o the district in which sneb location be made, rame is embraced in any land district, and, i not rraced, with the register of the nearest land o®ce; notice shall be according to such forms and made wey as the Secretary of the Treasury shall And it shall be the duty of said Secretary toc: yebhe notiee of bis aforesaid regulations chi mptions to be given iv said Territory as he may ccersary for the benetit of pre-emptors. And wi ereon, entitled to the benefit of a -pre-emptioa, his notice of the same as shall be directed, the such land office shall give to thereof. And the lands speci be subject to entry, at public or private sale, by any, person than such preemptor, on im the evens death, then of the legal heir ot heirs of the p unt) after the said first day of January, eighteen bi and sixty. But such pre-emptor or, in ‘event of when the heir or heirs of the pre-emptor, may, u aiter the filing of such notico—it still osed said lands when soid lands shall have been sury ready for sale—befere the said first day of eigbteen bindred and sixty, be permitted to-ent pre-empted lands, not exceeding in quantity one q) tection, according to the legal surveys aad the sions into quarter sections, or less qesnthicn, av thd of Gve cents per acre; but no si pre empton chase shall embrace lands in more than one von, Whenever it shall be found by the survey wade, that more than one person entitird to ermption is located upon the same q necdo persons may ener that quarter section in commo aleo other lands as by preemption under thi not exceeding, however, in amount, one quarter for every one pre-emptor, and in no case © the aggregate jour quarter sections for any such eq pre-emption; or, if such common occupants agree they may enter their said lands separately, in above provided, in common: Provided, D this act eball be so construed as to authorise exoption, or purchase under & pre emption, of any] in erther of said Territories, reserved by this act edveational id nays or of any lands which bage| or shall hereaiter be, reserved by Congress, other purpose whatever, from ale; or of jande, or Jands containing mines of tl Jead, quicksilver, platina, zinc or lands in said Territories, or either veyed, any upon any such reservations ey emption right of purehase of lands accerding to the prev! Territories, without having resided upon the frame, by ving and provided further, emption shail not in ever, be assignable; nor saali eny person sert and give notice of one pre emption mitted to assert another, or change location or tract of land, Sy me Ha PI Lf been deprived of and better claim of another person to Mand, being established to the ceiver. Nor shall anything herein contained stred to allow any one to enter upon or emption or other claim to any lands: whieh have existed prior to Cabveen Bunares and twenty, inne §s "herdby repesied: Provides, boveven, pom bg Af K lawfully held to serviee, any le menner removed without sald Territories poh eb gid be, by reason of in this act, emancipated from any service ii owed had this act never been Po geal And p ther, That person lawfully owing ser other State or of the Onited States, inte either the of Kansas or Neb: reclaimed and to the perron or service ie due, under any law of the U1 eball be im force upon the subject. Fee. 25. And be it further enacted, That 0 of the aforesaid Kansae Nebraskn act rej said Territory of Kansas, and every other having, or which itis pretended bave any in said Territory in copfiet with the act, except euch laws of Congress aad as relate to the Indians, are hereby repeal clare void