THE SUPREME COURT OF KANSAS.
By Henry Inman.
Before the cession of the vast territory ' known as the " Louisiana Purchase" by treaty dated April 30, 1803, there was no permanent settlement in what is now Kansas. On the 26th of March, 1804, Congress divided the immense ceded tracts into two distinct territories on the line of the thirty-third degree of north latitude. All south of it was called the Territory of New Orleans; all north, the District of Louisiana. The executive authority of the Governor of the Territory of Indiana was extended over the northern division, of which Kansas was an integral portion. The establishment of inferior courts, their jurisdiction, and such laws as might seem conducive of good government were authorized; and the Governor and Judges of the Territory of Indiana at once acted upon this authority. This was the first assumption of law over what is now Kansas.
By Act of March 3, 1805, a territorial government was authorized for the District of Louisiana, and its name changed to the Territory of Louisiana. The legislative power was vested in a Governor and three Judges. On the 4th of June, 1812, Congress reorganized the territorial government, vesting it in a Governor, Legislative Council, and a House of Representatives; it also changed the name to Missouri Territory. Under this authority, on the 19th of January, 181 6, an act was passed by which the common law of England, and the statutes passed prior to the fourth year of James I., of a general nature, were declared to be in force in the territory, provided they were not inconsistent with the laws of the United States and the statutes of the Territory.
On the 6th of March, 1820, Missouri was admitted into the Union on an equal footing with the original States. Kansas was thus left without any territorial government. By Act of Congress of June 30, 1834, it was enacted that all that part of the United States west of the Mississippi, and not within the States of Missouri and Louisiana or the Territory of Arkansas, should be taken for the purpose of the act to be Indian country; and certain regulations were prescribed for its government. So much of the laws of the United States as provided for the punishment of crime committed in any place within the exclusive jurisdiction of the United States, was declared to be in force in it, with the proviso that the same should not extend to crime committed by one Indian against the person or the property of another Indian.
For the purpose of carrying this act into effect, all that part of the Indian country west of the Mississippi River that is bounded north by the north line of lands assigned to the Osage tribe of Indians, produced east to the State of Missouri, west by the Mexican possessions, south by Red River, and east by the west line of the Territory of Arkansas and the State of Missouri, was annexed to the Territory of Arkansas; and the residue of the Indian country west of the Mississippi River, which included what is now Kansas, was annexed to the judicial district of Missouri.
On the 30th day of May, 1854, an act was passed by Congress popularly known as the Kansas-Nebraska Act, by which Kansas was created a Territory, with a territorial government. The executive power was vested in a Governor, to be appointed by the President. The legislative power was vested in the Governor and legislative assembly, — the legislative assembly to consist of a Council and House of Representatives. The twenty-seventh section of this act 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
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