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they are hereby required to submit the report or reports of their investigations, with accompanying papers, to the Governor of the Territory, and to have a number of copies thereof, not to exceed five thousand, printed by whomsoever the same can be most speedily and conveniently done, and distributed gratuitously under the [ir] direction; the expenses of such printing to be paid out of the general appropriation made for the contingent expenses of the Legislature, and that the Governor of the Territory be requested to forward the original report and accompanying papers to Hon. Marcus J. Parrott, to be by him presented to Congress, and to transmit printed copies thereof, certified by him, to the President of the United States, the Members of the Cabinet, and to each Member of Congress.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

CHAPTER LXXVIII.

MEMORIAL AND RESOLUTIONS.

Concurrent Memorial and Resolutions of the Legislature of Kansas Territory.

To the Governor and Council of the Cherokee Nation:

PREAMBLE.

That, whereas, a company has been regularly organized in the Territory of Kansas by her enterprising citizens, known as the Leavenworth and Fort Gibson Railroad Company, for the purpose of connecting the great and growing North, by a railroad communication south from Leavenworth city, in the most direct line to connect with the navigable waters of the Mississippi and other railroads now being constructed through Texas and Arkansas north, which said company has been duly chartered by the Legislature of Kansas Territory;

And, whereas, it is found absolutely necessary for the final connection of those vast and important thoroughfares, that the said road should pass through the Cherokee nation, which must, by the construction of said thoroughfares, be of incalculable advantage in wealth and prosperity to said Cherokee people; And, in further consideration of the great desire the citizens of Kansas have to cultivate a friendly relation and intercourse with the

Cherokee people, they being on the immediate border of our Territory, and for the maintenance of peace and harmony between the citizens of the respective Territories of Kansas and Cherokee; therefore, the Council and House of Representatives of the Territory of Kansas assembled, do respectfully memorialize the Executive and Council of the Cherokee nation on the subject of extending the charter of the Leavenworth and Fort Gibson Railroad Company, to extend through their nation to Fort Gibson. And in amity and comity toward said nation, and to preserve the friendly feelings and harmony that now exist between the citizens of the two Territories, and to enable the citizens of each to prosecute internal works of improvement, and for the purpose of maintaining and preserving the international rights of both Territories, your memorialists, the Legislature of Kansas, respectfully invite the Council of the Cherokee nation to appoint a commissioner or deputy, in conformity to their form of government, with full powers and authority to make arrangements and negotiate with a similar personage delegated with similar powers, to be appointed by the Leavenworth and Fort Gibson Railroad Company, under the authority granted by the Territorial Legislature, to meet at such times and places as the respective commissioners may agree upon, and that they continue the negotiations from time to time until the desired object of international communication is effected for the prosecution of public improvements;

Therefore,

Be it resolved by the House of Representatives (the Council concurring) of the Territory of Kansas, That two copies of this memorial and joint resolves, be forwarded by the Executive of Kansas, one to the Governor and [one] to the President of the Council of the Cherokee nation.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.

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Memorial to Congress for an Appropriation to build a Penitentiary in the Territory of Kansas.

To the Honorable the Senate and House of Representatives of the United States;

The memorial of the Legislative Assembly of the Territory of Kansas respectfully represents: That an Act has passed this body, and was approved February 1858, entitled "An Act to locate the Penitentiary," a copy of which is herewith transmitted to your honorable body;

That there are at present no efficient county jails in the Territory, from the fact that it has been impossible to impose sufficient taxes upon the people to build the same, as but little property in Kansas is, at the present time, subject to taxation for general purposes, owing to delay in the land department in opening the public domain to pre-emption, consequently a Territorial Penitentiary is indispensable to the security of life, property and public morals, while we, as a people, have no means of furnishing a revenue adequate to such work;

That your memorialists are apprehensive that there are an unusual number in their community who need to feel the firm fingers of the law to restrain them from the commission of crimes, and that laws are inoperative without a penalty, otherwise than by fine for the higher crimes; therefore, believing it to be consistent with section 33 of the Organic Act of this Territory, your memorialists would respectfully recommend to your honorable body, the appropriation of such sums of money-not less than one hundred thousand dollars-as you may deem necessary for the purpose of erecting a penitentiary in accordance with the Act here appended.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.

C. W. BABCOCK,

President of the Council.

GENERAL INDEX.

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