USA > Kansas > A history of Kansas > Part 20
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¿ 2. [SEC. 20 provides for the appointment of a Territorial Governor, and defines his powers and duties. ]
¿ 3. [SEC. 21 provides for the appointment of a Secretary of said Territory, and defines his powers and duties. ]
¿ 4. (SEC. 22.) The legislative power and authority of said Territory shall be vested in the Governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of thirteen members, having the qualifications of voters, as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall, at its first session, consist of
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twenty-six members, possessing the same qualifications as pre- scribed for members of the council, and whose term of service shall continue one year. The number of representatives may be increased by the legislative assembly, from time to time, in pro- portion to the increase of qualified voters; provided, that the whole number shall never exceed thirty-nine. *
[This section then provides that the Governor shall cause a cen- sus to be taken before the first election, and that he shall make an apportionment declaring the number of members of each house to which each county or district shall be entitled, and "the first election shall be held at such time and places," and the first "legislative assembly shall meet at such place and on such day as the Governor shall appoint; but hereafter the time, place and manner of holding and conducting all elections, and the appor- tioning the representation in the several counties or districts to the council and house of representatives, shall be prescribed by law, as well as the day of the commencement of the regular ses- sions of the legislative assembly."]
¿ 5. [SEC. 23 prescribes the qualifications of persons entitled to vote at the first election, which persons are made eligible to office at such first election.]
¿ 6. (SEC. 24.) The legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-resi- dents be taxed higher than the lands or other property of residents. Every bill which shall have passed the council and house of rep- resentatives of the said Territory shall, before it become a law, be presented to the Governor of the Territory; if he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the assembly, by adjournment, prevent its return, in which case it shall not be a law.
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27. [SEC. 25 provides for the appointment of township, district and connty officers.]
¿ 8. [SEC. 26 declares that no member of the legislative assem- bly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased, while he was a member, during the term for which he was elected, etc.]
¿ 9. (SEC. 27.) 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 justice and two asso- ciate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually; and they shall hold their offices during the period of four years, and until their successors shall be appointed and quali- fied. The supreme court, or the justices thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed.
The said Territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the supreme court at such times and places as may be prescribed by law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the Con- stitution and laws of the United States as is vested in the circuit and district courts of the United States. Each district court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held.
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, shall be as limited by law, provided, that justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dis- pute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess chancery as well as common-law jurisdiction.
Writs of error, bills of exception and appeal shall be allowed in all cases from the final decisions of said district courts to the supreme court, under such regulations as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in said court.
Writs of error and appeals from the final decisions of said supreme court shall be allowed, and may be taken to the supreme
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court of the United States, in the same manner and under the same regulations as from the cireuit courts of the United States, where the value of the property or the amount in controversy, to be ascertained by the oath or affirmation of either party or other * * competent witness, shall exceed one thousand dollars.
¿ 10. [SEC. 28 extends the provisions of the "fugitive slave acts" of 1793 and 1850 to Kansas Territory. ]
¿ 11. [SEC. 29 provides for the appointment of a United States District Attorney and a United States Marshal for said Territory.]
¿ 12. [SEC. 30 provides that the Governor, Secretary, Chief Justice and Associate Justices, Attorney and Marshal, shall be nominated and, by and with the advice and consent of the senate, appointed by the President of the United States, and for their qualifying; fixes the salaries of the Governor, Judges, Attorney, Marshal, and Secretary; and prescribes the compensation of members of the legislature.]
¿ 13. (SEC. 31.) The seat of government of said Territory is hereby located temporarily at Fort Leavenworth, and such por- tions of the publie buildings as may not be actually used and needed for military purposes may be occupied and used under the direction of the Governor and legislative assembly for such public purposes as may be required under the provisions of this act.
¿ 14. [SEC. 32 provides that a delegate to the house of repre- sentatives of the United States may be elected by the voters qualified to eleet members of the legislative assembly; declares the first Territorial election shall be held at such time and places and be conducted in such manner as the Governor shall appoint and direct; but all subsequent elections shall be held at such times, places and manner as shall be prescribed by law. And then follows as part of ¿ 32 the famous declaration of "squatter sover- eignty," (then called "the great principle of non-intervention,") as follows:
"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 legislation 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 per- lectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States; provided, that nothing therein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of 6th of March, 1820, either protecting, establishing, prohibiting or abolishing slavery."
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¿ 15. [SEC. 33 declares that money shall be appropriated, as has been customary, for the erection of suitable buildings at the seat of government, and for the purchase of a library, to be kept at the seat of government for the use of the Governor, legislative assembly, judges of the supreme court, etc. ]
¿ 16. [SEC. 34 reserves sections sixteen and thirty-six in each township for the purpose of being applied to schools in said Ter- ritory, etc.]
¿ 17. [SEC. 35 relates to judicial districts, the assignment of judges, fixing terms of and places of holding courts, etc.]
¿ 18. [SEC. 36 requires all officers appointed by the President. by and with the advice and consent of the senate for the Territory of Kansas, to give security for moneys that may be entrusted with them for disbursement.]
¿ 19. (SEC. 37.) All treaties, laws and other engagements made by the Government of the United States with the Indian tribes inhabiting the Territories embraced within this act shall be faithfully and rigidly observed, notwithstanding anything con- tained in this act; and that the existing agencies and superintend- encies of said Indians be continued with the same powers and duties which are now prescribed by law, except that the President of the United States may, at his discretion, change the location of the office of superintendent.
Approved May 30, 1854.
AN ACT
FOR THE
ADMISSION OF KANSAS INTO THE UNION.
WHEREAS, The people of the Territory of Kansas, by their repre- sentatives in convention assembled, at Wyandotte, in said Territory, on the twenty-ninth day of July, one thousand eight hundred and fifty-nine, did form for themselves a Constitution and State Government, Republican in form, which was ratified and adopted by the people at an election held for that purpose on Tuesday, the fourth day of October, one thousand eight hundred and fifty-nine, and the said convention has, in their name and behalf, asked the Congress of the United States to admit the said Territory into the Union as a State, on an equal footing with the other States; therefore,
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Kansas shall be, and is hereby declared to be, one of the United States of America, and admitted into the Union on an equal footing with the original States in all respects whatever. And the said State shall consist of all the territory included within the follow- ing boundaries, to wit: Beginning at a point on the western boundary of the State of Missouri, where the thirty-seventh par- allel of north latitude crosses the same; thence west on said parallel to the twenty-fifth meridian of longitude west from Wash- ington; thence north on said meridian to the fortieth parallel of latitude; thence east on said parallel to the western boundary of
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ADMISSION INTO THE UNION.
the State of Missouri; thence south with the western boundary of said State to the place of beginning; provided that nothing contained in the said Constitution respecting the boundary of said State shall be construed to impair the rights of person or property now pertaining to the Indians in said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with such Indian tribe, is not, without the consent of such tribe, to be included within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the State of Kansas, until said tribe shall signify their assent to the President of the United States, to be included within said State, or to affect the authority of the Government of the United States to make any regulation respecting such Indians, their lands, property, or other rights, by treaty, law or otherwise, which it would have been com- petent to make if this Act had never passed.
SEC. 2. And be it further enacted, That until the next general apportionment of representatives, the State of Kansas shall be entitled to one representative in the House of Representatives of the United States.
SEC. 3. And be it further enacted, That nothing in this Act shall be construed as an assent by Congress to all or any of the propo- sitions or claims contained in the ordinance of said Constitution of the people of Kansas, or in the resolutions thereto attached; but the following propositions are hereby offered to the said people of Kansas, for their free acceptance or rejection, which, if accepted, shall be obligatory on the United States, and upon the said State of Kansas, to wit:
First-That sections numbered sixteen and thirty-six, in every township of public lands in said State, and where either of said sections or any part thereof has been sold or otherwise been dis- posed of, other lands, equivalent thereto, and as contiguous as may be, shall be granted to said State for the use of schools.
Second-That seventy-two sections of land shall be set apart and reserved for the use and support of a State University, to be selected by the Governor of said State, subject to the approval of the Commissioner of the General Land Office, and to be appropri- ated and applied in such manner as the Legislature of said State may prescribe for the purpose aforesaid, but for no other purpose.
Third-That ten entire sections of land to be selected by the Governor of said State, in legal subdivisions, shall be granted to the said State for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof.
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Fourth-That all salt springs within said State, not exceeding twelve in number, with six sections of land adjoining or as contig- nous as may be to each, shall be granted to said State for its use, the same to be selected by the Governor thereof within one year after the admission of said State, and when so selected to be used or disposed of on such terms, conditions and regulations as the legislature shall direct; provided that no salt spring or land, the right whereof is now vested in any individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall, by this article, be granted to said State.
Fifth-That five per centum of the net proceeds of sales of all public lands lying within said State, which shall be sold by con- gress after the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State for the purpose of making publie roads and internal improvements, or for other purposes, as the legislature shall direct; provided, that the foregoing propositions hereinbefore offered are on the condition that the people of Kansas shall provide by an ordinance, irrevocable without the consent of the United States, that said State shall never interfere with the primary disposal of the soil within the same by the United States, or with any regula- tions congress may find necessary for securing the title in said soil to bona fide purchasers thereof.
Sixth-And that the said State shall never tax the lands or the property of the United States in said State. In case any of the lands herein granted to the State of Kansas have heretofore been confirmed to the Territory of Kansas for the purposes specified in this act, the amount so confirmed shall be deducted from the quantity specified in this act.
SEC. 4. And be it further enacted,. That from and after the admission of the State of Kansas, as hereinbefore provided, all the laws of the United States, which are not locally inapplicable, shall have the same force and effect within that State as in other States of the Union; and the said State is hereby constituted a judicial district of the United States, within which a district court, with the like powers and jurisdiction as the district court of the United States for the district of Minnesota, shall be established: the Judge, Attorney and Marshal of the United States, for the said district of Kansas, shall reside within the same, and shall be enti- tled to the same compensation as the Judge, Attorney and Marshal of the district of Minnesota; and in all cases of appeal or writ of error heretofore prosecuted, and now pending in the supreme court of the United States upon any record from the supreme court of Kansas Territory, the mandate of execution or order of further proceeding shall be directed by the supreme court of the United
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States to the district court of the United States for the district of Kansas, or to the supreme court of the State of Kansas, as the nature of such appeal or writ of error may require; and each of those courts shall be the successor of the supreme court of Kansas Territory as to all such cases, with full power to hear and deter- mine the same, and to award mesne or final process therein.
SEC. 5. And be it further enacted, That the Judge of the dis- trict court for the district of Kansas shall hold two regular terms of said court annually at the seat of government of the said State, to commence on the second Mondays of April and October in each year.
Approved 29th January, 1861.
ASSENT OF STATE TO PROPOSITIONS OF CONGRESS.
CHAPTER 6, LAWS OF 1862.
JOINT RESOLUTION OF THE LEGISLATURE OF THE STATE OF KANSAS. ACCEPTING THE TERMS IMPOSED BY CONGRESS UPON THE ADMIS- SION OF THE STATE OF KANSAS INTO THE UNION.
Be it resolred by the legislature of the State of Kansas, That the propositions contained in the act of congress, entitled "An Act for the admission of Kansas into the Union," are hereby accepted, ratified, and confirmed, and shall remain irrevocable, without the consent of the United States. And it is hereby ordained, that this State shall never interfere with the primary disposal of the soil within the same by the United States, or with any regulations congress may find necessary for seeuring the title to said soil, to bona fide purchasers thereof; and no tax shall be imposed on lands belonging to the United States.
Approved January 20, 1862.
CONSTITUTION OF THE STATE OF KANSAS.
ADOPTED AT WYANDOTTE, JULY 29, 1859. RATIFIED BY THE PEOPLE, OCTOBER 4, 1859. WENT INTO OPERATION, JANUARY 29, 1861.
WITH ALL AMENDMENTS ADOPTED PRIOR TO JANUARY 1, 1899.
PREAMBLE. - BOUNDARIES.
WE, the PEOPLE OF KANSAS, grateful to Almighty God for our civil and religious privileges, in order to insure the full enjoyment of our rights as American citizens, do ordain and establish this CONSTITUTION OF THE STATE OF KANSAS, with the following boundaries, to wit: Beginning at a point on the western boundary of the State of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence running west on said parallel to the twenty-fifth meridian of longitude west from Washington; thence north on said meridian to the fortieth parallel of north lati- tude; thence east on said parallel to the western boundary of the State of Missouri; thence south, with the western boundary of said State, to the place of beginning.
BILL OF RIGHTS.
SECTION 1. All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit of happiness.
SEC. 2. All political power is inherent in the people, and all free governments are founded on their authority, and are insti- tuted for their equal protection and benefit. No special privileges
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or immunities shall ever be granted by the legislature, which may not be altered, revoked, or repealed by the same body; and this power shall be exercised by no other tribunal or agency.
SEC. 3. The people have the right to assemble in a peaceable manner, to consult for their common good, to instruct their repre- sentatives, and to petition the Government, or any department thereof, for the redress of grievances.
SEC. 4. The people have the right to bear arms for their defense and security; but standing armies, in time of peace, are dangerous to liberty, and shall not be tolerated, and the military shall be in striet subordination to the civil power.
SEC. 5. The right of trial by jury shall be inviolate.
SEC. 6. There shall be no slavery in this State; and no involun- tary servitude, except for the punishment of crime, whereof the party shall have been duly convicted.
SEC. 7. The right to worship God, according to the dictates of conscience, shall never be infringed; nor shall any person be compelled to attend or support any form of worship; nor shall any control of, or interference with the rights of conscience be permitted, nor any preference be given by law to any religious establishment or mode of worship. No religious test or property qualification shall be required for any office of public trust, nor for any vote at any election; nor shall any person be incompetent to testify on account of religious belief.
SEC. 8. The right to the writ of habeas corpus shall not be suspended, unless the public safety requires it in case of invasion or rebellion.
SEC. 9. All persons shall be bailable, by sufficient sureties, except for capital offenses, where proof is evident or the pre- sumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.
SEC. 10. In all prosecutions, the accused shall be allowed to appear and defend in person, or by counsel; to demand the nature and cause of the accusation against him, to meet the witness face to face, and to have compulsory process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. No person shall be a witness against himself, or be twice put in jeopardy for the same offense.
SEC. 11. The liberty of the press shall be inviolate; and all persons may freely speak, write, or publish their sentiments ou all subjects, being responsible for the abuse of such right; and in all civil or criminal actions for libel, the truth may be given in evidence to the jury, and if it shall appear that the alleged libelous
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matter was published for justifiable ends, the acensed party shall be acquitted.
SEC. 12. No person shall be transported from the State for any offense committed within the same; and no conviction in the State shall work a corruption of blood or forfeiture of estate.
SEC. 13. Treason shall consist only in levying war against the State, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the overt act, or confession in open court.
SEC. 14. No soldier shall, in time of peace, be quartered in any house without the consent of the occupant; nor in time of war, except as preseribed by law.
SEC. 15. The right of the people to be seeure in their persons and property against unreasonable searches and seizures, shall be inviolate; and no warrant shall issue but on probable cause, sup- ported by oath or affirmation, particularly describing the place to be searched, and the persons or property to be seized.
SEC. 16. No person shall be imprisoned for debt except in cases of fraud.
SEC. 17. No distinction shall ever be made between citizens of the State of Kansas and the citizens of other States and Territo- ries of the United States in reference to the purchase, enjoyment or descent of property. The rights of aliens in reference to the purchase, enjoyment or descent of property may be regulated by law.
SEC. 18. All persons, for injuries suffered in person, reputation or property, shall have remedy by due course of law, and justice administered without delay.
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