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the Territories of Nebraska and Kansas,' not to | lamer, Durkee, Fessenden, Foot, Foster, Hale, legislate slavery into Kansas, nor to exclude it | Seward, Trumbull, Wade, and Wilson-11. therefrom, but to leave the people thereof per- NAYS–Messrs. Adams, Allen, Bayard, Bell fectly free through their Territorial Legislature of Tennessee, Benjamin, Biggs, Bigler, Bright, to regulate the institution of slavery in their Brodhead, Brown, Cass, Clay, Crittenden, own way, subject only to the Constitution of Dodge, Douglas, Evans, Fitzpatrick, Geyer, the United States, and that, until the Territorial Hunter, Iverson, Johnson, Jones of Iowa, Mal Legislature acts upon the subject, the owner of lory, Mason, Pratt, Pugh, Reid, Sebastian, Slia slave in one of the States has no right or au: dell, Stuart, Thompson of Kentucky, Toombs, thority to take such slave into the Territory of Toucey, Weller, Wright, and Yulee _36. Kansas, and there hold him as a slave; but
Mr. Foster of Conn. moved the following every slave taken to the Territory of Kansas by his owner for purposes of settlement is here- amendment: by declared to be free, unless there is some valid act of a duly constituted Legislative Assembly til the inhabitants of said Territory shall proceed
And be it further enacted, That, un. of said Territory, under which he may be held to hold a convention to forin a State constituas a slave."
tion according to the provisions of this act, and The Yeas and Nays being ordered, the so long as said Territory remains a Territory, proposition was voted down-Yeas 9; hundred and fifty-one, in the volume transmitted
the following sections contained in chapter one Nays 34-as follows :
to the Senate by the President of the United YEAS–Messrs Durkee, Fessenden, Foot, States, as containing the laws of Kansas, be, and Foster, Hale, Seward, Trumbull, Wade, and the same are hereby, declared to be utterly' null Wilson-9.
and void, viz. : NAYS—Messrs. Adams, Allen, Bayard, Bell “"SEC. 12. If any free person, by speaking or by writof Tennessee, Benjamin, Biggs, Bigler, Bright, ing, assert or maintain that persons have not the Brodhead, Brown, Cass, Clay, Crittenden, right to hold slaves in this Territory, or shall introDodge, Douglas, Evans, Fitzpatrick, Geyer, duce into this Territory any book, paper, magazine, Hunter, Iverson,
Johnson, Jones of Iowa. Mallo: pamphlet, or circular, containing any denial of the ry, Pratt, Pugh, Reid, Sebastian, Slidell, Thomp- persons sball be deemed guilty of felony, and punish.
right of persons to hold slaves in this Territory, such son of Kentucky, Toombs, Toucey, Weller, ed by imprisonment at hard labor for a term of not Wright, and Yulee-34.
less than two years.
“Seo. 13. No person who is conscientiously opposed Mr. Trumbull then proposed the follow-to holding slaves, or who does not admit the right to ing :
hold slaves in this Territory, shall sit as a juror on
the trial of any prosecution for the violation of any “ And be it further enacted, That the provi. one of the sections of this act."" sion in the 'act to organize the Territories of This was rejected [as superfluous, or Nebraska and Kansas,' which declares it to be
the true intent and meaning of said act" not to covered by a former amendment,] as follegislate slavery into any Territory or State, nor
lows : to exclude it therefrom, but to leave the people YEAS—Messrs. Allen, Bell of New-Hampthereof perfectly free to form and regulate their shire, Clayton, Collamer, Durkee, Fessenden, domestic institutions in their own way, subject Foot, Foster, Hale, Seward, Trumbull, Wade, only to the Constitution of the United States,' and Wilson-13. was intended to, and does, confer upon, or leave
NAYS—Messrs. Bayard, Benjamin, Biggs, to, the people of the Territory of Kansas full Bigler, Bright, Brodhead, Brown, Cass, Clay, power, at any time, through its Territorial Legis- Dodge, Douglas, Evans, Fitzpatrick, Geyer, fature, to exclude slavery from said Territory or Hunter, Iverson, Johnson, Jones of Iowa, Mal. to recognize and regulate it therein."
lory, Mason, Pratt, Pugh, Reid, Sebastian, SliThis, too, was voted down, as follows: dell, Stuart, Thompson of Kentucky, Toombs,
Toucey, Weller, Wright, and Yulee-32. YEAS—Messrs. Allen, Bell of New Hampshire, Collamer, Durkee, Fessenden, Foot, Fos- Mr. Collamer of Vt. proposed the followter, Hale, Seward, Trumbull, and Wade-11. ing : ÑAYS–Messrs. Adams, Bayard, Benjamin,
And be it further enacted, That until the peoBiggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Crittenden, Dodge, Douglas, Evans, Fitz: ple of said "Territory shall form a constitution patrick, Geyer, Hunter, Iverson, Johnson, Jones and State government, and be admitted into the of Iowa, Mallory, Mason, Pratt, Pugh, Reid, Se Union under the provisions of this act, there bastian, Slidell, Stuart, Thompson of Kentucky, tude in said Territory, otherwise than in punish
shall be neither slavery nor involuntary serviToombs, Toucey, Weller, Wright, and Yulee— ment of crimes whereof the party, shall have 34.
been duly convicted: Provided always, That Mr. Trumbull then proposed the follow- any person escaping into the same, from
whom ing :
labor or service is lawfully claimed in any State,
such fugitive may be lawfully reclaimed and And be it further enacted, That all the acts conveyed to the person claiming his or her serand proceedings of all and every body of men vice or labor as aforesaid. heretofore assembled in said Territory of Kan
This was voted down as follows: sas, and claiming to be a Legislative Assembly thereof, with authority to pass laws for the gov. YEAS—Messrs. Bell of New Hampshire, Col. ernment of said Territory, are hereby declared lamer, Fessenden, Foot, Foster, Hale, Seward, to be utterly null and void. And no person shall Trumbull, Wade, and Wilson-10. hold any office, or exercise any authority or ju. NAYS–Messrs. Bayard, Bell of Tennessee, risdiction in said Territory, under or by virtue Benjamin, Biggs, Bigler, Bright, Brodhead, of any power or authority derived from such Brown, Cass, Clay, Clayton, Crittenden, Dodge, Legislative Assembly; nor shall the members Douglas, Evans, Fitzpatrick, Geyer, Hunter, thereof exercise any power or authority as such. Iverson, Johnson, Jones of Iowa, Mallory, MaThis, too, was voted down, as follows:
son, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart,
Thompson of Kentucky, Toombs, Toucey, Wel. YEAS–Messrs. Bell of New Hampshire, Col. I ler, Wright, and Yulee-35.
Mr. Wilson of Mass. moved that the SEC. 2. And be it further enacted, That it shall whole bill be stricken out and another in- be the duty of said commissioners, under such serted instead, repealing all the Territorial prescribe, to cause to be made a full and faithful
regulations as the Secretary of the Interior may laws of Kansas.
enumeration of the legal voters resident in each Rejected : Yeas 8, (Bell of N. H., Colla- county in the said Territory on the fourth day of mer, Durkee, Fessenden, Foster, Seward, July, eighteen hundred and fifty-six, and make Wade and Wilson ;) Nays 35.
returns thereof during the month of August next, Mr. Seward moved to strike out the whole returns shall be made to the office of the Secretary
or as soon thereafter as practicable, one of which bill, and insert instead one admitting Kan- of the Interior, and one to the secretary of the sas as a Free State, under the Topeka Con- Territory of Kansas, and which shall also exhibit stitution : Defeated-Yeas 11 ; Nays 36— the names of all such legal voters, classed in as follows:
such manner as shall be prescribed by the regu.
lations of the Secretary of the interior. YEAS-Messrs. Bell of New Hampshire, Col- Sec. 3. And be it fürther enacted, That it shall lamer, Durkee, Fessenden, Foot, Foster, Hale, be the duty of the Secretary of the Interior, im. Seward, Trumbull, Wade, and Wilson-11. mediately after the passage of this act, to pre
NAYS-Messrs. Allen, Bayard, Bell of_Ten- scribe regulations and forms to be observed in nessee, Benjamin, Biggs, Bígler, Bright, Brod-making the enumeration aforesaid, and to furnish head, Brown, Cass, Clay, Clayton, Crittenden, the same with all necessary blanks to each of the Dodge, Douglas, Evans, Fitzpatrick, Geyer, commissioners as so as may be after their apHunter, Iverson, Johnson, Jones of Iowa, Mal pointment; and the commissioners shall meet lory, Mason, Pratt, Pugh, Reid, Sebastian, Sli. without delay at the seat of government of Kandell, Stuart, Thompson of Kentucky, Toombs, sas Territory, and proceed to the discharge of Toucey, Weller, Wright, and Yulee-36. the duties herein imposed upon them, and ap
The bill was now reported as amended, point a secretary to the board and such other and the amendment made in Committee of them in taking the enumeration herein provided
persons as shall be necessary to aid and assist the Whole concurred in. The bill was for, who must also be duly sworn faithfully, imthen (8 A. M.) ordered to be engrossed and partially, and truly to discharge the duties asread a third time; and, on the question of signed them by the commissioners. its final passage, the vote stood-Yeas 33; board of commissioners shall, so soon as said
Sec. 4. And be it further enacted, That said Nays 12-as follows :
census shall be completed and returns made, YEAS-Messrs. Allen, Bayard, Bell of Ten- proceed to make an apportionment of the memnessee, Benjamin, Biggs, Bigler, Bright, Brod-bers for a convention, among the different counhead, Brown, Cass, Clay, Crittenden, Douglas, ties in said Territory, in the following manner: Evans, Fitzpatrick, Geyer, Hunter, Iverson, The whole number of legal voters shall be dividJohnson, Jones of Iowa, Mallory, Pratt, Pugh, ed by fifty-two, and the product of such division, Reid, Sebastian, Slidell, Stuart, Thompson of rejecting any fraction of a unit, shall be the ratio Kentucky, Toombs, Toucey, Weller, Wright, or rule of apportionment of members among the and Yulee-33.
several counties; and if any county shall not NAYS–Messrs. Bell of New Hampshire, Col. have a number of legal voters, thus ascertained, lamer, Dodge, Durkee, Fessenden, Foot, Fos- equal to the ratio, it shall be attached to some ter, Hale, Seward, Trumbull, Wade, and Wilson adjoining county, and thus form a representative -12.
district, the number of said voters in each counThe bill was then sent to the House in and the product shall be the number of representa
ty or district shall then be divided by the ratio, the following shape:
tives apportioned to such county or district:
Provided, That the loss in the number of mem-
bers caused by the fractions remaining in the To authorize the people of the Territory of Kansas to several counties, in the division of the legal
form a constitution and State government prepara- voters thereof, shall be compensated by assigntory to their admission into the Union on an equal ing to so many counties as have the largest fuoting with the original States.
fractions an additional member for its fraction, Be it enacted by the Senate and House of Rep- as may be necessary to make the whole number resentatives of the United States of America in of representatives filty-two. Congress assembled, That, for the purpose of SEC. 5. And be it further enacted, That the making an enumeration of the inhabitants, au. said board, immediately after the apportionment thorized to vote under the provisions of this act, of the members of said convention, shall cause an apportionment and an election of members of a sufficient number of copies thereof and of the a convention to form a State constitution for returns of the census (specifying the name of Kansas, as hereinafter provided, five competent each legal voter in each county or district) to be persons shall be appointed by the President, by published and distributed among the inhabitants and with the advice and consent of the Senate, of the several counties, and shall transmit one to be commissioners, a majority of whom shall copy of the said apportionment and census, duly constitute a quorum for the purpose of carrying authenticated by them, to each clerk of a court into effect the provisions of this act, each of of record within the Territory, who shall file the whom, before entering upon the duties of his same, and keep open to the inspection of every office, shall take and subscribe an oath or affirma- inhabitant who shall desire to examine it, and tion that he will support the Constitution of the shall also cause other copies to be posted up in United States, and faithfully and impartially ex- at least three of the most public places in each ercise and discharge the duties enjoined on him voting precinct, to the end that every inhabitant by this act, according to the best of his skill and may inspect the same, and apply to the board to judgment, which oath or affirmation shall be ad correct any error he may find therein, in the ministered to them severally, and be duly certi- manner hereinafter provided. fied by a judge, clerk, or commissioner of a SEC. 6. And be it further enacted, That said court of the United States, and filed and recorded board shall remain in session each day, Sundays in the office of the Secretary of the Territory of excepted, from the time of making said apporKansas.
tionment until the twentieth day of October
next, at such places as shall be most convenient of a contest, in which it cannot be satisfactorily to the inhabitants of said Territory, and shall determined who was duly elected, said commisproceed to the inspection of said returns, and sioners shall order a new election in like manner hear, correct, and finally determine according to as is herein provided. Upon the completion of the facts, without unreasonable delay, under these duties the said commissioners shall return proper regulations to be made by the board, for to Washington, and report their proceedings to the ascertainment of disputed facts concerning the Secretary of the Interior, whereupon said said enumeration, all questions concerning the commission shall cease and determine. omission of any person from said returns, or the SEC. 11. And be it further enacted, That improper insertion of any name on said returns, every white male citizen of the United States and any other question affecting the integrity or over twenty-one years of age, who may be a fidelity of said returns, and for this purpose the bona fide inhabitant of said Territory on the fourth said board and each member thereof shall have day of July, eighteen hundred and fifty-six, and power to administer oaths and examine wit- who shall have resided three months next before nesses, and compel their attendance in such said election in the county in which he offers to manner as said board shall deem necessary. vote, and no other persons whatever shall be en
SEC. 7. And be it further enacted, That as titled to vote at said election, and any person soon as the said lists of legal voters shall thus qualified as a voter may be a delegate to said have been revised and corrected, it shall be the convention, and no others; and all persons who duty of said board to cause copies thereof to be shall possess the other qualifications for voters printed and distributed generally among the in- under this act, and who shall have been bona habitants of the proposed State, and one copy fide inhabitants of said Territory at any time since shall be deposited with the clerk of each court of its organization, and who shall have absented record witbin the limits of the proposed State, themselves therefrom in consequence of the disand one copy delivered to each judge of the turbances therein, and who shall return before the election, and at least three copies shall be posted first day of October next and become bona fide up at each place of voting.
inbabitants of the Territory with the intent of SEC. 8. And be it further enacted, That an making it their permanent home, and shall preelection shall be held for members of a conven- sent satisfactory evidence of these facts to the tion to form a constitution for the State of Kanboard of commissioners, shall be entitled to vote sas, according to the apportionment to be made at said election, and to have their names placed aforesaid, on the first Tuesday after the first on said corrected list of voters for that purpose ; Monday in November, eighteen hundred and, and to avoid all conflict in the complete execufifty-six, to be held at such places and to be con- tion of this act, all other elections in said Terri. ducted in such manner, both as to persons who tory are hereby postponed until such time as said shall superintend such election and the returns convention shall appoint. thereof as the board of commissioners shall ap- Sec. 12. And be it further enacted, That the point and direct, except in cases by this act said commissioners, and all persons appointed otherwise provided; and at such election no per- by them to assist in taking the census, shall son shall be permitted to vote unless his name have power to administer oaths and examine shall appear on said corrected lists.
persons on oath in all cases where it shall be Sec. 9. And be it further enacted, That the necessary to the full and faithful performance board of commissioners shall have power, and it of their duties under this act; and the secretary shall be their duty, to make all needful rules and shall keep a journal of the proceedings of said regulations for the conduct of the said election board, and transmit copies thereof from time to and the returns thereof. They shall appoint time to the Secretary of the Interior; and when three suitable persons to be judges of the elec- said commissioners shall have completed the tion at each place of voting, and prescribe the business of their appointment, the books and mode of supplying vacancies. They shall cause papers of the board shall be deposited in the copies of the rules and regulations, with a notice office of the Secretary of the Territory and there of the places of holding elections and the names kept as records of his office. of the judges, to be published and distributed in Sec. 13. And be it further enacted, That if every election-district or precinct ten days be- any person by menaces, threats, or force, or by fore the day of election, and shall transmit a copy any other unlawful means, shall directly or inthereof to the clerk of each court of record, and directly attempt to influence any qualified voter one copy to each judge of election.
in giving his vote, or deter him from going to Sec. 10. And be it further enacted, That the the polls, or disturb or hinder him in the free judges of election shall each, before entering on exercise of his right of suffrage at said election, the discharge of his duties, make oath or affirma- the person so offending shall be adjudged guilty tion that he will faithfully and impartially dis- of a misdemeanor, and punished by fine of not charge the duties of judge of the election accord- less than two hundred and fifty dollars, nor exing to law, which oath may be administered by ceeding five hundred dollars, or by imprison. any officer authorized by law to administer ment of not less than three months, nor exceeding oaths. The clerks of election shall be appointed one year, or by both. by the judges, and shall take the like oath or Sec. 14. And be it further enacted, That every affirmation, to be administered by one of the person, not bei a qua ied voter according to judges or by any of the officers aforesaid. Dupli- the provisions of this act, who shall vote at any cate returns of election shall be made and certi- election within the said Territory, knowing that fied by the judges and clerks, one of which shall he is not entitled to vote, and every person who be deposited in the office of the clerk of the tri- shall, at the same election, vote more than once, bunal transacting county business for the county wliether at the same or a different place, shall be in which the election held, and the other shail adjudged guilty of a misdemeanor, and be punishbe transmitted to the board of commissioners, ed by fine of not less than one hundred dollars, whose duty it shall be to decide, under proper por exceeding two hundred and fifty dollars, or regulations to be made by themselves, who are by imprisonment not less than three months, nor entitled to certificates of election, and to issue exceeding six months, or both. such certificates accordingly, to the persons who, Sec. 15. And be it further enacted, That any apon examination of he returns and of such person whatsoever who may be charged with proofs as shall be adduced in case of a contest, holding the election herein authorized, who shall shall appear to have been duly elected in each willfully and knowingly commit any fraud or ircounty or district: Provided, In case of a tie or regularity whatever, with the intentit to hinder, or
prevent, or defeat a fair expression of the popu- | nature and cause of the accusation; to be confar will in the said election, shall be guilty of a fronted with the witnesses against him; to have misdemeanor, and punished by fine not less than compulsory process of obtaining witnesses in his five hundred dollars, nor exceeding one thousand favor, and to have the assistance of counsel for dollars, and imprisonment not less than six his defense. The privilege of habeas corpus shall months, nor exceeding two years, or both, at not be suspended, unless when in case of rebel. the discretion of the court.
lion or invasion, the public safety may require Sec. 16. And be it further enacted, That the it. In suits at common law, where the value in delegates thus elected shall assemble in conven- controversy shall exceed twenty dollars, the tion at the capitol of said Territory on the first right of trial by jury shall be preserved, and Monday in December next; and when so as no fact tried by jury shall be otherwise re-ex. sembled, shall first determine by a majority of amined in any court of the United States than acthe whole number of members elected whether cording to the rules of the common law. Excesit be or be not expedient at that time to form a sive bail shall not be required, nor excessive fines constitution and State government; and if deem- imposed, nor cruel and unusual punishments ed expedient, shall proceed to form a constitution inflicted. No law shall be made or have force and State government, which shall be republican or effect in said Territory which shall require a in its form, for admission into the Union on an test oath or oath to support any act of Congress or equal footing with the original States in all other legislative act as a qualification for any respects whatever, by the name of the State of civil office or public trust, or for any employ. Kansas, with the following boundaries, to wit: ment or profession, or to serve as a juror, or vote beginning on the western boundary of the State at an election, or which shall impose any tax of Missouri, where the thirty-seventh parallel of upon or condition to the exercise of the right of north latitude crosses the same, then west on suffrage by any qualified voter, or which shall said parallel to the one hundred and third meri. restrain or prohibit the free discussion of any dian of longitude, then north on said meridian law or subject of legislation in the said Territory, to the fortieth parallel of latitude, then east or the free expression of opinion thereon by the on said parallel of latitude to the western bound people of said Territory. ary of the State of Missouri, then southward SEC. 19. And be it further enacted, That the with said boundary to the beginning; and following propositions be, and the same are until the next congressional apportionment the hereby, offered to the said convention of the said State shall have one representative in the people of Kansas for their free acceptance or House of Representatives of the United States. rejection, which, if accepted by the convention,
Sec. 17. And be it further enacted, That said shall be obligatory on the United States and commissioners shall receive, as their compensa- upon the said State of Kansas, to wit: tion, ten dollars per day during their attendance First. That sections numbered sixteen and on the business of said commission, beginning thirty-six in every township of public lands in on the day they depart from home, and their said State, and where either of said sections or actual expenses, and said secretary of the board any part thereof has been sold or otherwise been the sum of eight dollars per day, computed in disposed of, other lands, equivalent thereto and like manner, and his expenses, and the said as contiguous as may be, shall be granted in assistants, for taking the census, shall receive said State for the use of schools. such reasonable compensation as the board shall Second. That seventy-two sections of land deem just and equitable.
shall be set apart and reserved for the use and Sec. 18. And be it further enacted, That in support of a State university, to be selected by asmuch as the Constitution of the United States the Governor of said State, subject to the approval and the organic act of said Territory have secured of the Commissioner of the General Land Office, to the inhabitants thereof certain inalienable and to be appropriated and applied in such manrights of which they cannot be deprived by any ner as the legiêlature of said State may prelegislative enactment, therefore no religious scribe for the purpose aforesaid, but for no other test shall ever be required as a qualification to purpose. any office or public trust; no law shall be in Third. That ten entire sections of land, to be force or enforced in said Territory respecting an selected by the governor of said State, in legal establishment of religion, or prohibiting the free subdivisions, shall be granted to said State for exercise thereof; or abridging the freedom of the purpose of completing the public buildings, speech, or of the press; or of the right of the or for the erection of others at the seat of gov. people peaceably to assemble, and petition for ernment, under the direction of the legislature the redress of grievances ; the right of the people thereof. to be secure in their persons, houses, papers, and Fourth. That all salt springs within said effects against unreasonable searches and seiz. State, not exceeding twelve in number, with six ures shall not be violated; and no warrant sections of land adjoining, or as contiguous as shall issue but upon probable cause, supported may be to each, shall be granted to said State by oath or affirmation, and particularly describ- for its use ; the same to be selected by the gove ing the place to be searched, and the person or ernor thereof within one year after the admisthings to be seized; nor shall the rights of the sion of said State, and, when so selected, to be people to keep and bear arms be infringed. No used or disposed of on such terms, conditions, person shall be held to answer for a capital or and regulations as the legislature shall direct. otherwise infamous crime, unless on a present. Provided, That no salt spring or land, the right ment or indictment of a grand jury; nor shall whereof is now vested in any individual or indi. any person be subject for the same offense to be viduals, or which may be hereafter confirmed twice put in jeopardy of life or limb; nor shall be or adjudged to any individual or individuals, compelled in any criminal case to be a witness shall by this article be granted to said State. against himself, nor be deprived of life, liberty, Fifth. That five per centum of the net proor property without due process of law; nor shall ceeds of sales of all public lands lying within private property be taken for public use with said State, which shall
be sold by Congress after out just compensation. In all criminal prosecu- the admission of said State into the Union, after tion, the accused shall enjoy the right to a speedy deducting all the expenses incident to the same, and public trial by an impartial jury of the district shall be paid to said State, for the purpose of wherein the crime shall have been committed, making public roads and internal improvements, which district shall have been previously as- as the legislature shall direct: Provided, The certained by law, and to be informed of the foregoing propositions herein offered are on the
condition, that the said convention which shall many of its provisions with those of other form the constitution of said State shall provide, bills organizing Territories contained in by a clause in said constitution, or an ordinance this volume, dissuade us from quoting it irrevocable without the consent of the United States, that said State shall never interfere with entire. It provides for a legislative electhe primary disposal of the soil within the same, tion on the first Tuesday in November next; by the United States, or with any regulations and section 7 proceeds : Congress may find necessary for securing the title in said soil to bona fide purchasers thereof,
But it shall not be competent for said Legislaand that no tax shall be imposed on lands be tive Assembly to pass any ex post facto law, or onging to the United States, and that in no case law impairing the validity of contracts ; nor any shall non-resident proprietors be taxed higher law, in abridgment of the freedom of speech or than residents.
of the press, or to deprive any one of the right of SEC. 20. And be it further enacted, That the trial by jury, or of the writ of habeas corpus ; President be, and is hereby, authorized and nor any law requiring any property qualification, empowered, upon application of the said board or religious test, for the right to vote, hold office, of commissioners, to employ such military force, or practice law, or serve on juries, in any Court according to existing laws, as he shall deem of Justice ; neither shall any person, to be entinecessary to secure the faithful execution of the tled to any of said privileges, be required to take provisions of this act.
an oath or affirmation to support any law other Passed the Senate, July 2, 1856.
than the Constitution of the United States. Attest; ASBURY DICKINS,
Nor shall cruel or unusual punishments be al
lowed. nor reasonable bail be refused to any Secretary.
person accused of any crime except treason and The bill was never acted on in the House, murder, nor in the latter case unless the proof is
evident or the presumption great. but lay on the Speaker's table, untouched, when the session terminated by adjournment, Sec. 15. And be it further enacted, That all Monday, Aug. 18th.
suits, processes, and proceedings, civil and July 8th.—In Senate, Mr. Douglas re- criminal
, at law and in chancery, and all in. ported back from the Committee on Terri- dictments and informations which shall be pend
ing and undetermined in the courts of the Terri. tories the House bill to admit Kansas as a tory of Kansas or of New-Mxeico, when this act State, with an amendment striking out all shall take effect, shall remain in said courts after the enacting clause, and inserting in- where pending, to be heard, tried, prosecuted, and stead the Senate bill (No. 356) just given.
determined in such courts as though this act had Mr. Hale of N. H. moved to amend this all criminal prosecutions now pending in any of
not been passed: Provided, nevertheless, That substitute by providing that all who migrate the courts of the Territory of Kansas imputing to to the Territory prior to July 4th, 1857, any person or persons the crime of treason shall be entitled to a vote in determining against the United States, and all criminal prosethe character of the institutions of Kansas: cutions, by information or indictment, against
any person or persons for any alleged 'violation Lost; Yeas 13 ; Nays 32.
or disregard whatever of what are usually known Mr. Trumbull, of Ill. moved that all as the laws of the Legislature of Kansas, shall be the Territorial laws of Kansas be repealed forthwith dismissed by the courts where such and the Territorial officers dismissed : Re- who may be restrained of his liberty by reason of
prosecutions may be pending, and every person jected ; Yeas 12; Nays 32.
said prosecutions, shall be released therefrom Mr. Collamer of Vt. proposed an amend- without delay. Nor shall there hereafter be insti. ment, prohibiting Slavery in all that por- tuted any, criminal prosecution, in any of the tion of the Louisiana purchase north of courts of the United States, or of said Territory,
against any person or persons for any such 36° 30' not included in the Territory of charge of treason in said Territory prior to the Kansas : Rejected—Yeas 12; Nays 30—as passage of this act, or any violation or disregard follows:
of said Legislative enactments at any time.
Sec. 16. And, be it further enacted, That all YEAS — Messrs. Bell of N. H., Collamer, justices of the peace, constables, sheriffs, and all Dodge, Fessenden, Fish, Foot, Foster, Hale, other judicial and ministerial officers, who shall Hamlin, Seward, Trumbull and Wade.
be in office within the limits of said Territory NAYS-Messrs. Adams, Bayard, Benjamin, when this act shall take effect, shall be, and they Biggs, Bright, Brodhead, Butler, Cass, Clay, are hereby, authorized and required to continue Crittenden, Douglas, Fitzpatrick, Geyer, Hunter, to exercise and perform the duties of their reIverson, Johnson, Jones of Iowa, Jones of Tenn., spective offices as officers of the Territory of Mallory, Mason, Pearce, Pugh, Reid, Sebastian, Kansas, temporarily, and until they, or others, Slidell, Stuart, Thompson of Ky., Toombs, Wels shall be duly appointed and qualified to fill their er and Yulee.
in the manner herein directed, or until
their offices shall be abolished. The substitute reported by Mr. Douglas was then agreed to: Yeas 32 ; Nays 13–
Sec. 23 grants to every actual settler a right and the bill in this shape passed.
of preëmption to the quarter-section of public [This amendment was not concurred in land improved and occupied by him in said Ternor ever acted on by the House.]
ritory of Kansas, prior to Jan. 1st, 1858. July 29th.—Mr. Dunn of Ind. called up The two last and most important sections a bill “ To reorganize the Territory of Kan- of Mr. Dunn's bill are verbatim as follows : sas and for other purposes,” which he had originally (July 7th) proposed as a substi- much of the fourteenth section, and also so much
Sec. 24. And be it further enacted, That so tute for Senate billo (No. 356) aforesaid. of the thirty-second section, of the act passed at Its length, and the substantial identity of the first session of the thirty-third Congress,