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other transmit

ted to the Gov

immediately transmitted to the Governor, or in his absence, from missioner, anany cause, to the President of the Council, or the Speaker of the House of Representatives of the Legislative Assembly.

ernor, or Presiof the Council, and Speaker of House.

Returns to be

examined, and

Proclamation

to be made and communicated to the President.

SEC. 5. It shall be the duty of the Governor of the Territory, the President of the Council, and Speaker of the House of by whom. Representatives, or any two of them, immediately upon receiving the returns, to examine them and certify to the result of the vote upon the constitution in the manner hereinbefore provided, and cause the same to be made known by proclamation, and communicated to the President and Congress of the United States. SEC. 6. Any officer of an election herein provided for, or of any other general or special election which may hereafter be held in this Territory, upon any question, or for any officer, or any person or persons, who shall knowingly inscribe, or permit to be inscribed, on the poll books, or list of voters, the name of any voter not actually present, and voting, or the name of any person not entitled to vote, or shall knowingly certify to a false list of voters, or shall otherwise make or certify to any false returns, knowing the same to be false, shall be deemed guilty of felony; and upon conviction, shall be punished by imprisonment in the Punishment. penitentiary for not less than one, nor more than five years.

Officers or oth

or persons guilbe deemedguil

ty of fraud to

ty of felony.

offences, origi

nal and excluthe Probate

sive, given to

Court.

SEC. 7. In all offences arising under any of the provisions of this act, the Probate Judges of the several counties shall have exclusive and original jurisdiction, and shall have the same pow- Jurisdiction of ers in summoning juries, and in all other matters appertaining to the arrest, trial, conviction and punishment of such offenders, as are now by law vested in the District Courts in cases of felony: Provided, that if any Probate Judge shall refuse to issue writs, or in any manner to proceed under this act, the prosecution may be instituted before the Probate Court of an adjoining county. SEC. 8. All acts and parts of acts, conflicting with the provisions of this act, shall be, and the same are hereby repealed. SEC. 9. The passage of this act shall be taken and deemed Passage of this sufficient notice for the holding of said election.

Probate Judge refusing to act,

of any county

prosecution may be in adjoining county.

act notice of election.

felony.

SEC. 10. Any person not legally authorized by the foregoing Illegal voting provisions of this act, who shall cast his vote at the election herein provided for, shall be deemed guilty of a felony; and upon conviction thereof, shall be fined in any sum not exceeding five hundred dollars, or shall suffer imprisonment not more than Punishment. one year, or both, at the discretion of the court.

SEC. 11. All officers provided by the provisions of this act,

Compensation shall receive such compensation as may hereafter be provided by

of officers.

law.

SEC. 12. This act to take effect and be in force from and

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REAFFIRMING THE PEOPLE'S CONSTITUTION, FRAMED AT TOPEKA
ON THE 23RD DAY OF OCTOBER, A. D. 1855.

WHEREAS, In the Spring of 1855, the first Legislative Assembly of the Territory of Kansas, was, by force and violence, seized upon by people foreign to our soil, and a code of laws enacted, highly unjust and oppressive, and calculated to drive off, or enslave the actual settlers of said Territory, and to fix upon them an institution revolting to a large majority of the bona fide citizens of the Territory; and,

WHEREAS, To avoid civil war, and as the only peaceful alternative, asserting as they did, that the principle formally enunciated in an act organizing the Territories of Nebraska and Kansas, would fully authorize and sustain them in their movement, the people of said Territory did proceed to call a convention to frame a State constitution. The Delegates thereto were regularly and fairly elected, and on the 23d day of October, A. D. 1855, did assemble in convention at Topeka, in said Territory, and did frame a constitution, and provided for its submission to a full and fair vote of the people, for their ratification or rejection, to wit: on the fifteenth day of December, A. D. 1855, and,

WHEREAS, At the time aforesaid, the people of said Territory were engaged in a war, resisting an armed invasion from abroad, and were disabled thereby from giving expression upon said instrument, and,

WHEREAS, Afterwards, to wit: on the 3d day of August, A. D. 1857, said constitution was again submitted to a full and fair

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CONCURRENT RESOLUTIONS.

vote of the people, for their ratification or rejection, and by them
ratified, by a majority of about eight thousand. Therefore,

RESOLVED, By the Council and House of Representatives,
(the House of Representatives concurring,) 1st. That the con-
stitution framed at Topeka, in said Territory, on the 23d day
of October, A. D. 1855, embodies the wishes of the people of
this Territory upon the subject of a State Government, and ought
to be received by the Congress of the United States as the con-
stitution of the State of Kansas.

2nd. That we hereby memorialize the Congress of the United States to admit the State of Kansas into the Union, under the said constitution framed at Topeka, in said Territory, on the 23d day of October, A. D. 1855, as aforesaid, as one of the sovereign States, upon an equal footing with the other States.

3d. That the President of the Council, and the Speaker of the House of Representatives, be respectfully requested to transmit a copy of these resolutions, with a certified copy of the said constitution framed at Topeka, on the 23d day of October, A. D. 1855, as aforesaid, to the President of the United States, and the presiding officers of each House of Congress.

[Signed,]

G. W. DEITZLER,

Speaker of House of Representatives.
C. W. BABCOCK,

President of the Council.

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