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CONSTITUTION

OF THE

STATE OF KANSAS.

Adopted at Wyandott, July 29, 1859.

ORDINANCE.
WHEREAS, The Government of the United States is the pro-
prietor of a large portion of the lands included in the limits of
the State of Kansas, as defined by this Constitution; and

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WHEREAS, The State of Kansas will possess the right to tax
said lands for purposes of government, and for other purposes ;
now, therefore,

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State will tax lands of U.S., &c., on certain conditions,

Be it ordained by the People of Kansas :

That the right of the State of Kansas to tax such lands, is relinquished forever, and the State of Kansas will not interfere with the title of the United States to such lands, nor with any regulation of Congress in relation thereto, nor tax non-residents higher than residents ; provided, always, that the following conditions be agreed to by Congress :

SECTION 1. Sections numbered sixteen and thirty-six, in each township in the State, including Indian Reservations and Trust Lands, shall be granted to the State for the exclusive use of Common Schools ; and when either of said sections, or any part thereof, has been disposed of, other lands of equal value, as nearly contiguous thereto as possible, shall be substituted therefor.

SEC. 2. That seventy-two sections of land shall be granted to the State for the erection and maintenance of a State University.

Sec. 3. That thirty-six sections shall be granted to the State for the erection of public buildings.

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SEO. 4. That seventy-two sections shall be granted to the State for the erection and maintenance of charitable and benevolent institutions.

Sec. 5. That all salt springs, not exceeding twelve in number, with six sections of land adjacent to each, together with all mines, with the lands necessary for their full use, shall be granted to the State for works of public improvement.

SEC. 6. That five per centum of the proceeds of the public lands in Kansas, disposed of after the admission of Kansas into the Union, shall be paid to the State for a fund, the income of which shall be used for the support of Common Schools.

SEC. 7. That the five hundred thousand acres of land to which the State is entitled under the Act of Congress entitled "An Act to appropriate the proceeds of the sales of Public Lands and grant Pre-emption rights," approved September 4th, 1841, shall be granted to the State for the support of Common Schools.

SEC. 8. That the lands hereinbefore mentioned shall be selected in such manner as may be prescribed by law; such selections to be subject to the approval of the Commissioner of the General Land Office of the United States.

PREAMBLE. We, the people of Kansas, grateful to Almighty God for our Preamble. 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 latitude ; 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 nat- Equal rights. ural rights, among which are life, liberty and the pursuit of happiness.

SEC. 2. All political power is inherent in the people, and all political power free governments are founded on their authority, and are instituted for their equal protection and benefit. No special privileges privileges frame or immunities shall ever be granted by the Legislature, which

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People may 88semble, petition, &o.

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May bear arms. No standing armies.

Trial by jury.

Slavery prohibited.

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Worship of God.

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 rep-
resentatives, 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 de-
fense and security ; but standing armies, in time of peace, are
dangerous to liberty, and shall not be tolerated, and the military
shall be in strict 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 invol-
untary 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 per

mitted, nor any preference be given by law to any religious esNo religious test. tablishment 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.

Seo. 9. All persons shall be bailable by sufficient sureties, except for capital offenses, where proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.

Seo. 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 on 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

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Writ of habeas corpus.

Persons bailable, except for capital offenses.

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Accused may appear and defend, eto,

Liberty of the press, eto. Libel.

No person

.

evidence to the jury, and if it shall appear that the alleged libelous matter was published for justifiable ends, the accused party shall be acquitted.

Sec. 12. No person shall be transported from the State for any more from starter offense committed within the same, and no conviction in the State to. shall work a corruption of blood or forfeiture of estate.

SEC. 13. Treason shall consist only in levying,war against the Treason.
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 Soldiers quartered any house without the consent of the occupant, nor in time of war, except as prescribed by law.

SEC. 15. The right of the people to be secure in their persons Search and seizand property against unreasonable searches and seizures, shall be inviolate ; and no warrant shall issue but on probable cause, supported 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 case No imprisonment of fraud.

SEC. 17. No distinction shall ever be made between citizens and No distinction be aliens in reference to the purchase, enjoyment or descent of property.

SEC. 18. All persons, for injuries suffered in person, reputa- tered without dotion or property, shall have remedy by due course of law, and lay. justice administered without delay.

SEC. 19. No hereditary emoluments, honors or privileges, shall No hereditary ever be granted or conferred by the State.

Sec. 20. "This enumeration of rights shall not be construed to all powerse not impair or deny others retained by the people; and all powers not with the people. herein delegated remain with the people.

ARTICLE I.

EXECUTIVE. SECTION 1. The Executive Department shall consist of a Gov- Executive departernor, Lieutenant Governor, Secretary of State, Auditor, Treas- chosen. urer, Attorney General and Superintendent of Public Instruction; who shall be chosen by the electors of the State at the time and place of voting for members of the Legislature, and shall hold their offices for the term of two years from the second Monday in January, next after their election, and until their successors are elected and qualified.

SEQ. 2. Until otherwise provided by law, an abstract of the canvass of votes,

tween citizens and aliens.

Justice

emoluments, etc.

delegated remain

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The Governor supreme executive.

He may require information in writing.

May convene Lecislature in extra session, etc.

returns of every election, for the officers named in the foregoing section, shall be sealed up and transmitted, by the Clerks of the Boards of Canvassers of the several counties, to the Secretary of State, who, with the Lieutenant Governor and Attorney General, shall constitute a Board of State Canvassers, whose duty it shall be to meet at the State Capital on the second Tuesday of December succeeding each election for State officers, and canvass the vote for such officers and proclaim the result ; but in case any two or more have an equal and the highest number of votes, the Legislature shall, by joint ballot, choose one of said persons so having an equal and the highest number of votes for said office.

Sec. 3. The supreme executive power of the State shall be vested in a Governor, who shall see that the laws are faithfully executed.

SEC. 4. He may require information in writing from the officers of the Executive Department, upon any subject relating to their respective duties.

Sec. 5. He may, on extraordinary occasions, convene the Legislature by proclamation, and shall, at the commencement of every session, communicate, in writing, such information as he may possess in reference to the condition of the State, and recommend such measures as he may deem expedient.

Sec. 6. In case of disagreement between the two houses in respect to the time of adjournment, he may adjourn the Legislature to such time as he may think proper, not beyond its regular

meeting. Pardoning power. Sec. 7. The pardoning power shall be vested in the Governor,

under regulations and restrictions prescribed by law.

SEC. 8. There shall be a seal of the State, which shall be kept by the Governor, and used by him officially; and which shall be the great seal of Kansas.

SEC. 9. All commissions shall be issued in the name of the State of Kansas ; signed by the Governor, countersigned by the Secretary of State, and sealed with the great seal.

Sec. 10. No member of Congress, or officer of the State or of the United States, shall hold the office of Governor, except as herein provided.

Sec. 11. In case of the death, impeachment, resignation, removal or other disability of the Governor, the power and duties of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the President of the Senate.

SEC. 12. The Lieutenant Governor shall be President of the Senate, and shall vote only when the Senate is equally divided.

May adjourn Legislature, when.

Seal of the State.

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Commissions issued, how.

Who may hold office of Governor.

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Vacancy.

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Lieutenant Gov. ernor President of Senate, etc.

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