State officers at this election, and, as a general rule, but few of them did so. Their principal effort was to vote against the acceptance of the conditions, which was equivalent to a rejection of the Constitution itself. The result of the election gave a vote against the Constitution of 10,126: for it, with slavery, 138, and for it, without slavery, 24.

Although the Legislature had appointed this election to be held on the 4th of January, 1859, the friends of that instrument, under authority claimed to be derived from a Convention, had previously held an election on the 21st of December, 1858, at which it was claimed that 6,143 votes were returned for the Constitution with slavery, and 589 for the Constitution without slavery. The FreeState party still held, that even admitting the total vote at both elections to have been legally cast, as upon one day and at the same election, the majority would still have been largely against its adoption.

The decision as to the Lecompton State election was long in doubt, and it was charged that officials kept back the results, until it should be known whether Congress would admit the State, when the pro-slavery candidates were to be declared elected. These charges were not proved, and events tended to show that they were unfounded.

The code of laws adopted by the first Territorial Legislature was repealed, and an act referring to the people the question of a new Constitutional Convention was passed. The election was held on the 4th of April, 1859, and resulted in a majority of 5,306 to 1,425 in its favor. The old party organizations were now abandoned, and those of Republican and Democratic substituted, and on the issues of these parties the election for delegates was held on the 7th of June, 1859. The Republicans were in a majority of 35 to 17.

This Convention met at Wyandotte, on the 5th of July, 1859, and adjourned on the 29th, after adopting a Constitution by a vote of 34 to 13, all the Delegates in the minority, who were present, voting against it and refusing to sign it. They had endeavored to include the newly-discovered gold region of Pike's Peak within the State, and wished to prohibit the immigration of free colored persons, and to restrict bank issues, but failed upon each of these points.

This Constitution was submitted to the people on the 4th of October, and was approved by a vote of 10,421 to 5,530. A Delegate to Congress, and members of the Territorial Legislature were elected on the 8th of November, and a Representative to Congress, State officers and members of a State Legislature, on the 6th of December, 1859.

Application was again made for the admission of Kansas as a State, and another year passed in uncertainty under the Territorial government; but, at length, by an act approved on the 29th of January, 1861, the State was admitted into the Union, under the Wyandotte Constitution.

A portion of Kansas Territory not included within the State of Kansas, being that portion west of 25° west longitude from Washington, was included in the Territory of Colorado on the 25th of February, 1861.

1. Officers not otherwise provided for to be as law directs.

2. Tenure may be fixed by law-if not fixed. to be at pleasure of the appointing power- not over four years.

3. Lotteries, and sale of lottery tickets, for-
bidden.

4. Public printing to be let on contract.
5. Receipts and expenditures to be published.
6. Protection of rights of married women.
7. Salaries may be reduced for neglect of legal
duty.

8. Temporary seat of Government-perma-
nent location by popular vote.

9. Homestead exemption.

SCHEDULE.

1. Continuation of suits, actions, etc.
2. Fines, penalties, bonds, etc., continued.
3. Governor, Secretary, Judges, etc., to hold
until superseded.

4. Continuance of laws until repeal or expi-
ration.

5. Governor to use private scal until State Scal is provided.

SECTIONS.

6. Certain offices to be kept at seat of Government.

7. Records, documents, books, etc., how disposed of.

8. Suits, pleas, proceedings, etc, to continue. 9. Vote on adoption or rejection of Constitution.

10. Vote, how to be cast

11. If adopted, an election to be held for mem-
bers of Legislature and other officers.
12. Persons allowed to vote at first election.
13. Votes to be registered.

14. Judges of election to take an oath-vacan-
cies in Board, how filled.

ORDINANCE.

Whereas, the Government of the United States is the proprietor of a large portion of the lands included in the limits of the State of Kansas, as defined by this Constitution; and whereas the State of Kansas will possess the right to tax said lands for purposes of government, and for other purposes; Now, therefore, 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.

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

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

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

§ 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.

§ 6. That five per centum of the proceeds of the public land in Kansas, disposed of after the admission of the State 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.

§ 7. That the five hundred thousand acres of lands 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 4, 1841, shall be granted to the State for the support of common schools.

§ 8. That the lands herein before 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 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 natural rights, among which are life, liberty, and the pursuit of happiness.