came he intended to offer an amendment to the bill declaring the provisions of the Missouri Compromise excluding slavery north of the line 36° 30' should "not be construed as to apply to the territory contemplated in this act, or to any other territory of the United States; but that the citizens of the several states and territories shall be at liberty to take and hold their slaves in the territory as if the Missouri Compromise act had never been passed."

To avoid the open rupture between the North and South, which would be certain to follow the introduction of such an amendment, Mr. Douglas secured the recommittal of the bill to his committee, ostensibly for further consideration, but really that the features suggested by Senator Dixon might be incorporated in such a way as to accomplish the repeal of the Missouri Compromise without arousing determined opposition. On Jan. 23, 1854, Senator Douglas reported a substitute bill, providing for two territories instead of one-the northern territory to be called "Nebraska" and the southern one "Kansas"-the parallel of 40° north latitude to form the boundary line between them. This was the origin of the term "Kansas-Nebraska Bill," which in a short time became a familiar expression all over the country.

A long and bitter discussion followed, but, near the close of an allnight session, the bill passed the senate on Saturday morning, March 4, by a vote of 37 to 14. It was then sent to the house, where it was several times called up for debate, and finally passed just before midnight on May 22, by a vote of 113 to 100. It was signed by President Pierce on May 30, 1854, and thus became the organic law of the Territory of Kansas.

The first eighteen sections of the bill related to the Territory of Nebraska. Section 19 defined the boundaries of the Territory of Kansas (see Boundaries), and provided "That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said territory into two or more territories, in such manner and at such times as Congress shall deem convenient and proper, and that the said territory, or any part of the same, shall be received into the Union, with or without slavery, as their constitution may prescribe at the time of their admission." The section also provided for the protection of Indian rights until they should be relinquished by treaty.

Section 20 related to the executive power and authority of the governor, which were not materially different from those of other territorial governors. He was to be appointed for a term of four years, unless sooner removed by the president, and was required to reside in the territory.

Section 21 defined the duties of the territorial secretary, who was to be appointed for a term of five years, subject to removal by the president. Section 22 provided for a territorial legislature, composed of thirteen members of a council, to be elected for two years, and twenty-six representatives, to be elected for one year, the legislature to have power to increase the number of members in each branch in proportion to

the increase in the number of qualified voters. No session of the legislature was to last more than forty days, except the first, which might continue for sixty days.

Section 23 provided that "Every free white male inhabitant above the age of twenty-one years, who shall be an actual resident of said territory, and shall possess the qualifications hereinafter prescribed, shall be entitled to vote at the first election, and shall be eligible to any office. within said territory; but the qualifications of voters, and of holding office, at all subsequent elections, shall be such as shall be prescribed by the legislative assembly." The section then goes on to declare that citizens of the United States, or those who might announce their intention of becoming such, should be entitled to vote, but that no soldier or seaman, or other person belonging to the army or navy of the United States should have the right of suffrage in the territory.

Section 24 related to the powers of the legislature and the veto power of the governor, and the next section defined the authority of the executive in the matter of appointments.

Section 26 set forth that no member of the legislature should be eligible to any office created during the session of which he might be a member, and that all Federal officers except postmasters should be ineligible for members of the legislature.

Section 27 related to the territorial and inferior courts, the manner in which they should be established, their jurisdictions, etc.

Section 28 declared the fugitive slave laws of 1793 and 1850 to be in full force and effect within the territorial limits.

Section 29 provided for the appointment of a district attorney and marshal for the territory, each to be appointed for a term of four years, unless sooner removed, and defined their duties.

Section 30 provided for the appointment of all territorial officers by the president, "by and with the advice and consent of the senate," and fixed the salaries as follows: "Governor, $2,500 per annum; justices, $2,000; secretary, $2,000; marshal, $200 and fees the same as the marshal of Utah Territory; district attorney, fees similar to those of the district attorney of the Territory of Utah. Members of the legislature were to receive $3 per day for the time actually employed in the discharge of their duties, and $3 for every twenty miles traveled in connection therewith.

Section 31 fixed the temporary seat of government at Leavenworth, the permanent seat of government to be established by act of the legislature.

Section 32 contained the features of the bill that caused all the trouble. In addition to providing for the election of a delegate to Congress, it contained the provision for the repeal of the Missouri Compromise, to-wit: "That the constitution and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Kansas as elsewhere within the United States, except the eighth section of the act preparatory to the admission of

Missouri into the Union, approved March 6, 1820, which being inconsistent with the principle of non-intervention by Congress with slavery in the states and territories as recognized by the legislature of 1850, commonly called the compromise measures, is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any territory or state, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the constitution of the United States. Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of the 6th of March, 1820, either protecting, establishing, prohibiting or abolishing slavery.”

The remaining five sections of the bill related to matters of minor detail. Section 33 appropriated money for the erection of public buildings and the establishment of a library; section 34 set apart two sections of land (16 and 36) in each Congressional township for the benefit of the public schools; section 35 provided that the governor should divide the territory into judicial districts, which should be recognized until the legislature should change them; section 36 provided that officers appointed by the governor should give bond; and section 37 stipulated that all laws and treaties with the Indians in the territory should "be faithfully and rigidly observed."

In section 32 the slave power overreached itself. Under the influence of the Congressmen from the slave states the Missouri Compromise had become a law in 1820. Thirty-four years later, when the law stood in the way of the extension of slavery, the same influence was brought into requisition to secure its defeat. This had the effect of crystallizing the sentiment in opposition to slavery, with the result that the institution was finally abolished after one of the most sanguinary wars in the world's history. During the debate on the bill in the United States senate, the situation was well summed up by Charles Sumner, of Massachusetts, when, as though endowed with the spirit of prophecy, he said:

"Sir, the bill which you are now about to pass is at once the worst and the best bill on which Congress ever acted. It is the worst bill as it is a present victory of slavery. In a Christian land, and in an age of civilization, a time-honored statute of freedom is struck down, opening the way to all the countless woes and wrongs of human bondage. It is the best bill on which Congress ever acted, for it prepares the way for that 'All hail hereafter,' when slavery must disappear. It annuls all past compromises with slavery, and makes all future compromises impossible. Thus it puts freedom and slavery face to face and bids them grapple. Who can doubt the result? . . . Everywhere within the sphere of Congress, the great Northern Hammer will descend to smite the wrong, and the irrestistible cry will break forth, 'No more slave states!' Thus, sir, now standing at the very grave of freedom in Kansas and Nebraska, I find assurances in that happy resurrection, by which freedom will be secured hereafter, not only in these territories,

but everywhere under the national government.

Sorrowfully

I bend before the wrong you are about to perpetrate. Joyfully I welcome all the promises of the future."

Kansas Orphan Asylum, first known as the Leavenworth Protestant Orphan Asylum and Home for Friendless Children, was organized and incorporated in 1866, as a private charitable institution for the county and city of Leavenworth. It was located on a tract of 5 acres of land on south Broadway about a mile from the city. The cost of the land and first building was $4,000, all obtained by private subscriptions and donations. At first the asylum had only the right to receive and dispose of children under the apprentice law, and many applications were made by people desiring to adopt children. On Feb. 2, 1867, the legislature passed an act authorizing the asylum "to receive and retain orphans, destitute and friendless children, and provide the same with homes for such time, not exceeding their majority, and upon such terms. as the board of directors may determine."

The institution grew so rapidly that in 1871 the state was asked to make an appropriation for its support, and $2,500 was granted the asylum by the legislature of that year. This amount was not enough, however, for the erection of new buildings and the money was placed on interest until a larger fund could be raised. As the necessity for more room became imperative, the board of trustees asked for and received an appropriation of $7,000 in 1874. This, with the previous $2,500, was used for the erection of a new building. The act of 1874 provided that the name be changed to the Kansas Orphan Asylum, and that children from all the counties of the state should be admitted. Since then frequent appropriations have been made by the legislature to further the work of the asylum.

In 1877 the board of trustees was empowered to organize auxiliary societies throughout the state. The object of the asylum is to provide a home for orphan and friendless children. It seeks to protect the helpless who have no natural protectors.

Kansas River.-This stream derives its name from the Kanza or Kaw tribe of Indians, which lived on its banks from time immemorial. The river has been given various names by map makers and explorers, such as Riviere des Cans, des Kances, des Quans, Kanza, Konza, Kanzan, Kanzas, etc. One of the earliest references to the stream was by Antonio de Herraray Tordesillas, historiographer to the King of Spain. Marquette mentions the Kanza in 1673. A map of the British and French settlements in North America, published in 1758, gives the stream as the "Padoucas river." The Kansas river is formed by the junction of the Smoky Hill and Republican rivers at Junction City and flows in a general easterly direction through Geary and Riley counties, forms the boundary between Pottawatomie and Wabaunsee counties, crosses Shawnee, forms the boundary between Jefferson and Douglas, and of Wyandotte and Johnson counties in part, and empties into the Missouri river at Kansas City. From Junction City to the mouth is about 240 miles.

Among the early accounts of the river there is much fiction. Brackenridge in his journal (1811) says: "The patron of our boat informs me that he has ascended it upwards of 900 miles, with a tolerable navigation." Morse's Gazetteer (1823) says the "Kansas river . . rises in the plains between the Platte and the Arkansas and joins the Missouri in latitude 39° 5' north, 340 miles from its mouth. It is navigable 900 miles." In 1820 S. H. Long's expedition ascended the river about a mile in a boat, experiencing considerable difficulty in getting over a deposit of mud left at the mouth by a recent flood in the Missouri. Maj. Long says: "The Gasconade, Osage and Konzas rivers are navigable in the spring season, but their navigation seldom extends far inland from their mouths, being obstructed by shoals or rapids. . . . The Konzas is navigable only in high freshets for boats of burden, and on such occasions not more than 150 or 200 miles, the navigation being obstructed by shoals." In the travels of Maximilian, in the early '30s he says: "The steamboat has navigated the Kanzas about 7 miles upward to a trading post of the American Fur company, which is now under the direction of a brother of Mr. P. Chouteau." During the period of early overland travel to the far west much emigration went up the valley of the Kansas river, travelers bound for Oregon, Utah and California crossing the river at Topeka at Papan's Ferry, or following father up stream and crossing at Uniontown over a rock bottom ford. Another ford was located near Fort Riley, and considerable travel went by that way.

Prior to the opening of the territory the river was practically unknown as an artery of commerce. The keel boats and pirogues of the early trappers and hunters, laden with supplies for the camp or returning to civilization laden with peltries and other trophies, or the canoes and bull boats of the Indians were practically the only craft to disturb these waters. Shortly after the signing of the Kansas-Nebraska bill the first great influx of settlers arrived by way of the Missouri river in steamboats, landing at Westport, Mo., or going up the river a short distance to Fort Leavenworth, near which was soon to spring up the embryo metropolis of the territory. As other free state towns in the interior were started some more rapid means of getting inland was needed and an enterprising river man, Capt. Chas. K. Baker, anticipated the opportunity by the purchase of the steamer Excel for the Kansas river traffic. (See Early River Commerce.)

While the subject of navigation was a live one, the Kansas legislature of 1857 passed "An act to encourage the navigation of the Kansas river." Section I provided that Powell P. Clayton, P. Z. Taylor, Jesse P. Downer, George F. Hill, B. F. Simmons, John W. Johnson, D. W. McCormick, R. R. Rees and others, their successors and assigns, be and are created a body politic and corporate by the name and style of the Kansas River Navigation company. Section 2 set forth that the purpose of the charter was for the purpose of employing one or more steamboats to navigate the Kansas river and its tributaries, for the conveyance of passengers, towing boats, vessels or rafts, and the transportation of