Powers.

the consent of said tribe, to be included within the territorial
limits or jurisdiction of any State or Territory; but all such ter-
ritory shall be excepted out of the boundaries, and constitute no
part of the Territory of Kansas, until said tribe shall signify their
assent to the President of the United States to be included within
the said Territory of Kansas, or to affect the authority of the
government of the United States to make any regulation respect-
ing such Indians, their lands, property, or other rights, by treaty,
law, or otherwise, which it would have been competent to the gov-

ernment to make if this act had never passed.
of the executive. SEC. 20. And be it further enacted, That the executive power

and authority in and over said Territory of Kansas, shall be vested
in a Governor, who shall hold his office for four years, and until
his successor shall be appointed and qualified, unless sooner
removed by the President of the United States. The Governor
shall reside within said Territory, and shall be commander-in-
chief of the Militia thereof. He may grant pardons and respites
for offenses against the laws of said Territory, and reprieves for
offenses against the laws of the United States, until the decision
of the President can be made known thereon ; he shall commis-
sion all officers who shall be appointed to office under the laws of
the said Territory, and shall take care that the laws be faithfully

executed. Secretary, duty,

SEO. 21. And be it further enacted, That there shall be a
Secretary of said Territory, who shall reşide therein, and hold his
office for five years, unless sooner removed by the President of
the United States ; he shall record and preserve all the laws and

;
proceedings of the Legislative Assembly hereinafter constituted,
and all the acts and proceedings of the Governor in his executive
department; he shall transmit one copy of the laws and journals
of the Legislative Assembly, within thirty days after the end of
each session, and one copy of the executive proceedings and offi-
cial correspondence semi-annually, on the first days of January
and July in each year, to the President of the United States ;
and two copies of the laws to the President of the Senate and to
the Speaker of the House of Representatives, to be deposited in
the libraries of Congress; and in case of the death, removal,
resignation or absence of the Governor from the Territory, the
Secretary shall be, and he is hereby authorized and required, to
execute and perform all the powers and duties of the Governor
during such vacancy or absence, or until another Governor shall
be duly appointed and qualified to fill such vacancy.

SEO. 22. And be it further enacted, That the legislative

&c.

&c.

power and authority of said Territory shall be vested in the Govo Legislative power ernor 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 twenty-six members, possessing the same qualifications as prescribed 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 proportion to the increaso of qualified voters; Provided, That the whole number shall never exceed Proviso. thirty-nine. An apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the council and representatives, giving to each section of the Territory representation in the ratio of its qualified voters, as nearly as may be. And the members of the Council and House of Representatives sball reside in, and be inhabitants of, the district, or county or counties, for which they may be elected, respectively. Previous to the first election, the Governor shall cause a census, or enumeration of the inhabitants and qualified voters of the several counties and districts of the Territory, to be taken by such persons, and in such mode as the Governor shall designate and appoint; and the person so appointed shall receive a reasonable compensation therefor. And the first election shall be held at such time and places, and be conducted in such manner, both as to the persons who shall superintend such election and the returns thereof, as the Governor shall appoint and direct; and he shall, at the same time, declare the number of members of the Council and House of Representatives to which each of the counties or districts shall be entitled under this act. sons having the highest number of legal votes in each of said council districts for members of the Council, shall be declared by the Governor to be duly elected to the Council; and the persons having the highest number of legal votes for the House of Representatives, shall be declared by the Governor to be duly elected members of said House ; Provided, That in case two or more Proviso. persons voted for shall have an equal number of votes, and in case a vacancy shall otherwise occur in either branch of the Legislative Assembly, the Governor shall order a new election; and the persons thus elected to the Legislative Assembly, shall meet at such place and on such day as the Governor shall appoint; but thereafter, the time, place and manner of holding and con

The per

Proviso.

Qualifications of voters.

foo.

ducting all elections by the people, and the apportioning the rep-
resentation in the several counties or districts, to the Council and
House of Representatives, according to the number of qualified
voters, shall be prescribed by law, as well as the day of the com-
mencement of the regular sessions of the Legislative Assembly:
Provided, That no session, in any one year, shall exceed the
term of forty days, except the first session, which may continue
sixty days.

SEC. 23. And be it further enacted, That every free white
Eligibility to of- male inhabitant above the age of twenty-one years, who shall be

an actual resident of said Territory, and shall possess the qualifi-
cations hereinafter prescribed, shall be entitled to vote at the first
election, and shall be eligible to any office within the said Terri-
tory; but the qualifications of voters, and of holding office, at all

subsequent elections, shall be such as shall be prescribed by the Proviso.

Legislative Assembly; Provided, That the right of suffrage and
of holding office shall be exercised only by citizens of the United
States and those who shall have declared on oath their intention
to become such, and shall have taken an oath to support the
Constitution of the United States, and the provisions of this
Act; And provided further, That no officer, soldier, seaman
or marine, or other person in the army or navy of the United
States, or attached to troops in the service of the United States,
shall be allowed to vote or hold office in said Territory, by reason

of being on service therein. Powers, &o.

Sec. 24. And be it further enacted, That 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-residents be taxed higher than the

lands or other property of residents. Every bill which shall have Governor'i veto.

passed the Council and House of Representatives of the said Ter-
ritory, shall, before it becomes a law, be presented to the Gov-
ernor 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 jour-
nal, 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

Proceedings on

a

trict and county

shall not hold office, &c.

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.

SEO. 25. And be it further enacted, That all township, dis- Township, district and county officers, not herein otherwise provided for, shall pointers. Low apbe appointed or elected, as the case may be, in such manner as shall be provided by the Governor and Legislative Assembly of the Territory of Kansas. The Governor shall nominate, and by and with the advice and consent of the Legislative Council, appoint all officers not herein otherwise provided for; and in the first instance the Governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the Legislative Assembly; and shall lay off the necessary districts for members of the Council and House of Representatives, and all other officers.

SEC. 26. And be it further enacted, That no member of the Members of the Legislative Assembly 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, and for one year after the expiration of such term, but this restriction shall not be applicable to members of the first Legislative Assembly; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the Legislative Assembly, or shall hold any office under the government of said Territory.

SEC. 27. And be it further enacted, That the judicial power Judiciary. 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 Associate 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 qualified. 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 district which shall be as

a

own clerks.

Appeals,

signed 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, 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 dispute, 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 juris-
diction. 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. Writs
of error, bills of exception and appeals shall be allowed in all
cases from the final decisions of said District Courts, to the Su-
preme Court, under such regulations as may be prescribed by

law; but in no case removed to the Supreme Cofirt, shall trial
Courts
los turite the point by jury be allowed in said court. 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. Writs of error and appeals from the final decis-
ions of said Supreme Court shall be allowed, and may be taken
to the Supreme Court of the United States, in the same manner
and under the same regulations as from the Circuit 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 dol-
lars ; except only that in all cases involving title to slaves, the
said writs of error or as peals shall be allowed and decided by
said Supreme Court, without regard to the value of the matter,
property or title in controversy; and except, also, that a writ of
error or appeal shall also be allowed to the Supreme Court of the
United States, from the decision of the said Supreme Court cre-
ated by this act, or of any judge thereof, or of the District
Courts created by this act or of any judge thereof, upon any writ

of habeas corpus, involving the question of personal freedom ; Proviso, Provided, That nothing herein contained shall be construed to

apply to or effect the provisions of the “Act respecting fugitives
from justice, and persons escaping from the services of their
masters," approved February twelfth, seventeen hundred and
ninety-three, and the “Act to amend and supplementary to said
act," approved September eighteenth, eighteen hundred and fifty;
and each of the said District Courts shall have and exercise the
same jurisdiction, in all cases arising under the Constitution and
laws of the United States, as is vested in the Circuit and District