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sioned by the Governor and shall hold their offices not longer than three years.

SEC. 4. The General Assembly shall determine the method of dividing the militia into divisions, brigades, regiments, battalions and companies,

and fix the rank of all officers.

SEC. 5. The militia may be divided into classes, in such manner as shall be prescribed by law.

SEC. 6. No person conscientiously opposed to bearing arms shall be compelled to do militia duty; but such person shall pay an equivalent for such exemption, the amount to be prescribed by law.

SEC. 7. The first General Assembly shall offer inducements for the formation, uniforming and drilling of independent volunteer companies in the different cities and counties in this State.

ARTICLE XI.-FINANCE AND TAXATION. SECTION 1. The General Assembly shall provide, by law, for uniform and equal rate of assessment and taxation; and taxes shall be levied upon all such property, real and personal, as the General Assembly may, from time to time, prescribe; but all property appropriated and used exclusively for municipal, literary, educational, scientific or charitable purposes, and personal property to an amount not exceeding one hundred dollars, for each head of a family, and all property appropriated and used exclusively for religious purposes to an amount not exceeding $200,000, may, by general laws, be exempted from

taxation.

SEC. 2. The General Assembly shall provide by law for an annual tax sufficient to defray the estimated ordinary expenses of the State for each

year.

SEC. 3. Every law imposing a tax shall state distinctly the object of the same, to which it shall be applied.

SEC. 4. On the passage, in either House of the General Assembly, of any law which imposes, continues or renews a tax; or makes, continues or renews an appropriation of public or trust money; or releases, discharges or commutes a claim or demand of the State, the question shall be taken by Yeas and Nays, which shall be duly entered on the journal; and three-fifths of all the members elected to such House shall, in all such cases, be required to constitute a quorum.

ARTICLE XIV.-JURISPRudence. SECTION 1. The General Assembly, at its first session, shall constitute three Commissioners, whose-duty it shall be to revise, reform, simplify and abridge the rules of practice, pleadings, forms and proceedings of the Courts of Record of this State, and to provide, so far as practicable and expedient, that justice shall be adminis tered by intelligent and uniform proceedings, without any distinction between law and equity.

SEC. 2. The proceedings of the Commissioners shall be reported to the General Assembly, and be subject to the action of that body.

ARTICLE XV.-MISCELLANEOUS.

SECTION 1. The first General Assembly shall locate the permanent seat of government.

SEC. 2. Lotteries and the sale of lottery tickets for any purpose whatever, shall forever be prohibited in the State.

SEC. 3. No person shall be elected or appointed to any office in this State unless they possess the qualifications of an elector.

SEC. 4. There may be established in the Secretary of State's office a Bureau of Statistics and Agriculture, under such regulations as may be prescribed by law, and provision shall be made by the General Assembly for the organization and encouragement of State and county Agricultural Associations.

SEC. 5. The first General Assembly shall provide by law for securing to the wife the separate property acquired by her before or after coveture, and the equal right with the husband to the custody of their children during their minority ; and in case of death, insanity, intemperance, or gross impropriety of the husband, their exclusive custody.

ARTICLE XVI.-AMENDMENTS TO THE CONSTI

TUTION.

to the Constitution shall be made by the General SECTION 1. All propositions for amendments to the Constitution shall be made by the General Assembly.

SEC. 2. A concurrence of two-thirds of the

members elected to each House shall be necesshall be entered upon the journals with the Yeas sary, after which such proposed amendments and Nays, and the Secretary of State shall cause the same to be published in at least one newspaper is published, for at least six months prepaper in each County in the State where a newsceding the next election for Senators and RepSECTION 1. The General Assembly shall pro-resentatives, when such proposed amendments vide by law for the election of county, city, town and township officers.

ARTICLE XII.-COUNTY AND TOWNSHIP OFFI

CERS.

SEC. 2. All officers whose election or appointnent is not provided for by this Constitution shall be elected by the people, or appointed as the General Assembly may by law direct.

SEC. 3. Provision shall be made by law for the removal, for misconduct or malversation in office, of all officers whose powers and duties are not local or legislative, and who shall be elected at general elections, and also for supplying vacancies created by such removal.

SEC. 4. The Legislature may declare the cases in which any office shall be deemed vacant, where no provision is made for that purpose in this Constitution.

ARTICLE XIII.-CORPORATION, SECTION 1. The General Assembly shall not create corporations by special act, except for municipal purposes.

SEC. 2. Corporations may be formed under general laws, but such laws may at any time be altered or repealed.

shall be again referred to the Legislature elected next succeeding said publication. If passed by the second Legislature, by a majority of twothirds of the members elected to each House, such amendments shall be re-published as aforesaid for at least six months prior to the next general election, at which election such proposed amendments shall be submitted to the people for their approval or rejection, and if the majority of the electors voting at such election shall adopt such amendments, the same shall becon e a part of the Constitution.

SEC. 3. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote upun each amendment separately.

SEC. 4. No convention for the formation on a new constitution shall be called, and no amendment to the Constitution shall be by the General Assembly made, before the year 1865, nor more than once in five years thereafter.

ARTICLE XVII.-BANKS AND CURRENCY. SECTION 1. No banks shall be established otherwise than under a General Banking Law.

SEC. 2. If the General Assembly shall enact a General Banking Law, such law shall provide for the registry and countersigning by the Auditor of State of all paper credit designed to be circulated as money, with ample collateral security, readily convertible into specie for the redemption of the same in gold or silver, shall be required; which collateral security shall be under the control of the proper officer, or officers of State. Such law shall restrict the aggregate amount of all paper credit to be circulated as money, and the aggregate amount to be put in circulation in any one year; and no note issued under the provision of this section shall be of a less denomination than ten dollars.

SEC. 3. The stockholders in every bank or banking company shall be individually liable to an amount over and above their stock equal to their respective shares of stock for all debts and liabilities of said bank or banking company.

SEC. 4. All bills or notes issued as money shall be at all times redeemable in gold or silver; and no law shall be passed sanctioning, directly or indirectly, the suspension by any bank or banking company of specie payments.

SEC. 5. Holders of bank notes shall be entitled, in case of insolvency, to preference of specie payment over all other creditors.

SEC. 6. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals loaning money.

SEC. 7. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organization, and promptly thereafter to close its busi

ness.

SEC. 8. The State shall not be a stockholder in any bank or banking institution.

proclamation of the same; and in case the Constitution be ratified by the people, the Chairman of the Executive Committee shall cause publication to be made by proclamation that an election will be held on the third Tuesday of January, A.D. 1856, for Governor, Lieutenant-Governor, Secretary of State, Treasurer, Auditor, Judges of the Supreme Court, State Printer, AttorneyGeneral, Reporter of the Supreme Court, Clerk of the Supreme Court, and Members of the General Assembly, which said election shall be held by the same Judges, under the same restrictions, and conducted in the same manner as is hereinafter provided for the election of Members of the General Assembly; and the Judges herein named are hereby required, within ten days after said election, to seal up and transmit duplicate copies of the returns of said election to the Chairman of the Executive Committee, one of which shall be laid before the General Assembly at its first meeting.

Fourth: At the same time and place, the qualified voters shall, under the same regulations and restrictions, elect a Member of Congress to represent the State of Kansas in the XXXIVth Congress of the United States; the returns of said election to be made to the Chairman of the Executive Committee, who shall deposit the same in the office of the Secretary of State as soon as he shall enter upon the discharge of the duties of his office.

Fifth The General Assembly shall meet on the fourth day of March, A. D. 1856, at the City of Topeka, at 12 M., at which time and place the Governor, Lieutenant-Governor, Secretary of State, Judge of the Supreme Court, Treasurer, Auditor, State Printer, Reporter and Clerk of the Supreme Court, and Attorney-General shall apSEC. 9. All banks shall be required to keep pear, take the oath of office, and enter upon the offices and proper officers for the issue and re-discharge of the duties of their respective offices demption of their paper at some accessible and under this Constitution, and shall continue in ofconvenient point within the State. fice in the same manner and during the same period they would have done had they been elected on the first Monday of August, A. D. 1856.

SEC. 10. The said Banking law shall contain a provision reserving the power to alter, amend, or repeal said law.

SEC. 11. At the time of submitting this Constitution to the electors for their approval or disapproval, the articles numbered in relation to a General Banking Law shall be submitted as a distinct proposition in the following form: General Banking Law; Yes, or No; and if a majority of the votes cast shall be in favor of said article, then the same shall form a part of this Constitution; otherwise it shall be void and form no part

thereof.

SCHEDULE.

[The Constitution then goes on to give the boundaries of the Eighteen Election-Districts into which the State is to be divided, to apportion the Senators and Representatives, and to appoint the voting places and the Judges of election. We subjoin the concluding sections :]

INSTRUCTION TO JUDGES.

SEC. 7. The three Judges will provide for each poll ballot-boxes for depositing the ballots cast by electors; shall appoint two clerks, all of whom shall be sworn or affirmed to discharge the duties of their respective offices impartially and with fidelity; and the Judges and Clerks shall have power to administer the oath or affirmation to each other; and the said Judges shall open said election at 9 o'clock A. M., at the place designated in each precinct, and close the same at 6 o'clock P. M. In case any of the officers appointed fail to attend, the officer or officers in attendance shall supply their places, and in the event of all of them failing to attend the qualiSecond: That this Constitution shall be sub-fied voters shall supply their places, and the said mitted to the people of Kansas for ratification on the 15th day of December next.

In order that no inconvenience may arise from the organization and establishment of a State Government, and that the wishes of the people may be fully accomplished, it is declared:

First: That no existing rights, suits, prosecutions, claims, and contracts shall be affected by a change in the form of Government.

Third: That each qualified elector shall express his assent or dissent to the Constitution by voting a written or printed ticket labeled "Constitution" or " No Constitution," which election shall be held by the same Judges, and conducted under the same regulations and restrictions as is hereinafter provided for the election of Members of the General Assembly, and the Judges therein named shall, within ten days after said election, seal up and transmit to the Chairman of the Executive Committee of Kansas Territory the result of said election, who shall forthwith make

Judges shall make out duplicate returns of said election, seal up and transmit the same within ten days to the Chairman of the Executive Committee, one copy of which is to be laid before the General Assembly. If at the time of holding said election it shall be inconvenient, from any cause whatever, that would disturb or prevent the voters of any election-precinct in the Territory from the free and peaceable exercise of the elective franchise, the officers are hereby authorized to adjourn said election into any other precinct in the Territory, and to any other day they may see proper, of the necessity of which they shall be the exclusive judges, at which

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SEC. 9. No person shall be entitled to a seat

in the first General Assembly at its organization except the members whose names are contained in the proclamation of the Chairman of the Executive Committee; but after the General As sembly is organized seats may be contested in

the usual way.

SEC. 10. Certificates of indebtedness may be issued by the Territorial Executive Committee, for all necessary expenses accruing in the formation of the State Government, not exceeding $25,000; provided no certificates shall be issued except for legitimate expenses. All claims shall be made in writing, and shall be numbered and kept on file in the Secretary's office, and all certificates of indebtedness shall be signed by the President and Secretary, and countersigned by the Treasur,er and numbered to correspond with the numbers of the claim or bill for which it was issued. The certificate shall bear ten per cent. interest per annum.

SEC. 11. The first General Assembly shall provide by law for the redemption of the certificates of indebtedness issued under the provisions

of the foregoing section.

SEC. 12. Until the great seal of the State of Kansas is agreed upon and procured, as provided for in the eleventh section of the fifth article of this Constitution, the Governor shall use his own private seal as the Seal of State.

SEC. 13. At the election for the ratification of this Constitution, and the first election for State officers, a representation in the Congress of the United States and members of the General Assembly of this State, an actual residence in the Territory of thirty days immediately preceding said election shall be sufficient as a qualifica tion for the elector; and an actual residence of ninety days for the candidates, provided said election and candidates possess all the other qualifications required by the provisions of this Constitution.

SEC. 14. The first Legislature shall provide by law for the enforcement of the provisions of the 6th section of the Bill of Rights on or before the 4th day of July, 1857, as to all persons in the Territory before the adoption of this Constitutin, and as to all others, the provisions of said section shall operate from and after the ratification of this Constitution by the people.

:

ROBERT KLOTZ,
M. J. PARROTT,
M. W. DELAHAY,
W. R. GRIFFITH,
G. S. HILLYER,
WM. HICKS,
S. N. LATTA,
JOHN LANDIS,
H. BURSON.
C. W. STEWART,
J. M. ARTHUR,
J. L. SAYLE,
CALEB MAY,
S. MEWHINY,

A. CURTISS,

A. HUNTING,

R. KNIGHT,

O. C. BROWN,

W. GRAHAM,
MORRIS HUNT,
J. H. NESBITT.
CK HOLLIDAY,
DAVID DODGE,
J. A. WAKEFIELD,
W. Y. ROBERTS,
G. W. SMITH,
J. G. THOMPSON.
G. A. CUTLER,
J. K. GOODIN.
J. M. TUTON,
THOMAS BELL,
R. H. CROSBY,
P. C. SCHUYLER,
C. ROBINSON,
M. F. CONWAY,
J. S. EMERY,

J. H. LANE, President.

SAM. C. SMITH, Secretary,
CHARLES A. FOSTER, Assistant Secretary.

June 30th.--Mr. Douglas reported to the Senate on several bills submitted by Messrs. Clayton, Toombs, and others, for the pacifi

cation of the Kansas troubles, as also de cidedly against Gov. Seward's proposition to admit Kansas as a Free State, under her Topeka Constitution. Mr. Collamer, being the minority of the Territorial Committee, made a brief and pungent counte. report. Mr. Douglas gave notice that he would ask for a final vote on the day after the next.

July 1st.- Bill debated by Messrs. Thompson of Ky., Hale of N. H., Bigler of Pa., Adams of Miss., and Crittenden of Ky.

July 2d.-Debate continued through the day and following night, the majority resisting all motions to adjourn. Messrs. Wade, Pugh, Biggs, Bigler, Toombs, Clayton, Crittenden, Bell, Seward, Hale, and nearly half the Senate participated. An amendment moved by Mr. Adams of Miss., the day before, striking out so much of the bill as secures the Right of Suffrage, in the proposed reorganization of Kansas, to alien residents who shall have declared their intention to become citizens, and renounced all allegiance to foreign governments, was adopted: Yeas 22; Nays 16, as follows:

YEAS-Messrs. Adams and Brown of Miss., Bayard and Clayton of Del, Biggs and Reid of N. C., John Bell of Tenn., Brodhead of Penn., C. C. Clay and Fitzpatrick of Ala., Collamer and Foot of Vt!, Crittenden and J. B. Thompson of Ky., Fessenden of Maine, Foster of Conn., Geyer of Mo., Hunter and Mason of Va., Iverson of Ga., Mallory and Yulee of Fla.-22.

NAYS-Messrs. Allen of R. I., Bigler of Pa., Butler and Evans of S. C., Bright of Ind., Cass of Mich., Dodge of Wisc., Douglas of Ill., Jones of Iowa, Pugh of Ohio, Seward of N. Y., Slidell of La., Toombs of Ga., Weller of Cal., Wilson of Mass., Wright of N. J.-16.

Sometime in the morning of July 3rd, the following amendment, reduced to shape by Mr. Geyer of Mo., was added to the 18th section of the bill-only Brown of Miss., Fitzpatrick of Ala., and Mason of Va., voting against it: Yeas 40. It provides that

66 No law shall be made or have force or effect in said Territory [of Kansas] which shall require any attestation or oath to support any act of Congress or other legislative act, as a qualification for any civil office, public trust, or for any employment or profession, or to serve as a juror, or vote at an election, or which shall impose any tax upon, or condition to, the exercise of the right of suffrage, by any qualified voter, or which shall restrain or prohibit the free discussion of any law or subject of legislation in the said Territory, or the free expression of opinion thereon by the people of said Territory.

An amendment proposed by Mr. Clayton, to the same effect as the above, but rather more comprehensive in its terms, was superseded by the adoption of the foregoing, by a party vote: Yeas 34; Nays 11 [FreeState men].

Mr. Trumbull of Ill. moved the following:

"And be it further enacted, That it was the true intent and meaning of the 'act to organize

the Territories of Nebraska and Kansas,' not to legislate slavery into Kansas, nor to exclude it therefrom, but to leave the people thereof perfectly free through their Territorial Legislature to regulate the institution of slavery in their own way, subject only to the Constitution of the United States, and that, until the Territorial Legislature acts upon the subject, the owner of a slave in one of the States has no right or authority to take such slave into the Territory of Kansas, and there hold him as a slave; but every slave taken to the Territory of Kansas by his owner for purposes of settlement is hereby declared to be free, unless there is some valid act of a duly constituted Legislative Assembly of said Territory, under which he may be held

as a slave."

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lamer, Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, Wade, and Wilson-11.

NAYS-Messrs. Adams, Allen, Bayard, Bell of Tennessee, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Crittenden, Dodge, Douglas, Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Mallory, Mason, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, Wright, and Yulee-36.

Mr. Foster of Conn. moved the following amendment :

"SEC.

-. And be it further enacted, That, until the inhabitants of said Territory shall proceed to hold a convention to form a State constitution according to the provisions of this act, and so long as said Territory remains a Territory, hundred and fifty-one, in the volume transmitted the following sections contained in chapter one to the Senate by the President of the United States, as containing the laws of Kansas, be, and the same are hereby, declared to be utterly null and void, viz. :

"SEC. 12. If any free person, by speaking or by writ ing, assert or maintain that persons have not the right to hold slaves in this Territory, or shall introduce into this Territory any book, paper, magazine, pamphlet, or circular, containing any denial of the right of persons to hold slaves in this Territory, such persons shall be deemed guilty of felony, and punished by imprisonment at hard labor for a term of not less than two years.

...SEC. 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 :

"And be it further enacted, That the provision in the act to organize the Territories o Nebraska and Kansas,' which declares it to be

'the true intent and meaning' of said act 'not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States,' was intended to, and does, confer upon, or leave to, the people of the Territory of Kansas full power, at any time, through its Territorial Legislature, to exclude slavery from said Territory or to recognize and regulate it therein."

This, too, was voted down, as follows: YEAS-Messrs. Allen, Bell of New-Hampshire, Collamer, Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, and Wade-11.

NAYS-Messrs. Adams, Bayard, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Crittenden, Dodge, Douglas, Evans, Fitz patrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Mallory, Mason, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, Wright, and Yulee

34.

Mr. Trumbull then proposed the following:

And be it further enacted, That all the acts and proceedings of all and every body of men heretofore assembled in said Territory of Kansas, and claiming to be a Legislative Assembly thereof, with authority to pass laws for the gov ernment of said Territory, are hereby declared to be utterly null and void. And no person shall hold any office, or exercise any authority or ju risdiction in said Territory, under or by virtue of any power or authority derived from such Legislative Assembly; nor shall the members thereof exercise any power or authority as such. This, too, was voted down, as follows: YEAS-Messrs. Bell of New-Hampshire, Col

hold slaves in this Territory, shall sit as a juror on the trial of any prosecution for the violation of any one of the sections of this act.""

covered by a former amendment,] as fol This was rejected [as superfluous, or

i>ws :

YEAS-Messrs. Allen, Bell of New-Hamp shire, Clayton, Collamer, Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, Wade, and Wilson-13.

NAYS-Messrs. Bayard, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Dodge, Douglas, Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Mallory, Mason, Pratt, Pugh, Reid, Sebastian, Sli dell, Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, Wright, and Yulee 32.

Mr. Collamer of Vt. proposed the following :

And be it further enacted, That until the people of said Territory shall form a constitution and State government, and be admitted into the shall be neither slavery nor involuntary serviUnion under the provisions of this act, there tude in said Territory, otherwise than in punishment of crimes whereof the party shall have been duly convicted: Provided always, That any person escaping into the same, from whom labor or service is lawfully claimed in any State, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her service or labor as aforesaid.

This was voted down as follows: YEAS-Messrs. Bell of New-Hampshire, Collamer, Fessenden, Foot, Foster, Hale, Seward, Trumbull, Wade, and Wilson-10.

NAYS-Messrs. Bayard, Bell of Tennessee, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Clayton, Crittenden, Dodge, Douglas, Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Mallory, Ma son, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart Thompson of Kentucky, Toombs, Toucey, Wel ler, Wright, and Yulee-35.

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SEC. 2. And be it further enacted, That it shall be the duty of said commissioners, under such prescribe, to cause to be made a full and faithful regulations as the Secretary of the Interior may enumeration of the legal voters resident in each county in the said Territory on the fourth day of July, eighteen hundred and fifty-six, and make returns thereof during the month of August next, returns shall be made to the office of the Secretary or as soon thereafter as practicable, one of which of the Interior, and one to the secretary of the Territory of Kansas, and which shall also exhibit the names of all such legal voters, classed in such manner as shall be prescribed by the regulations of the Secretary of the interior.

SEC. 3. And be it further enacted, That it shall be the duty of the Secretary of the Interior, immediately after the passage of this act, to prescribe regulations and forms to be observed in making the enumeration aforesaid, and to furnish the same with all necessary blanks to each of the commissioners as soon as may be after their ap.

YEAS-Messrs. Bell of New Hampshire, Collamer, Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, Wade, and Wilson-11. NAYS-Messrs. Allen, Bayard, Bell of Tennessee, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Clayton, Crittenden, Dodge, Douglas, Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Mal-pointment; and the commissioners shall meet lory, Mason, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, Wright, and Yulee-36. The bill was now reported as amended, and the amendment made in Committee of the Whole concurred in. The bill was then (8 A. M.) ordered to be engrossed and read a third time; and, on the question of its final passage, the vote stood-Yeas 33; Nays 12-as follows:

without delay at the seat of government of Kansas Territory, and proceed to the discharge of the duties herein imposed upon them, and appoint a secretary to the board and such other them in taking the enumeration herein provided persons as shall be necessary to aid and assist for, who must also be duly sworn faithfully, impartially, and truly to discharge the duties assigned them by the commissioners. board of commissioners shall, so soon as said SEC. 4. And be it further enacted, That said 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, Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Mallory, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, Wright, and Yulee-33.

NAYS-Messrs. Bell of New-Hampshire, Collamer, Dodge, Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, Wade, and Wilson

-12.

The bill was then sent to the House in the following shape:

AN ACT

To authorize the people of the Territory of Kansas to form a constitution and State government preparatory to their admission into the Union on an equal footing with the original States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose of making an enumeration of the inhabitants, authorized to vote under the provisions of this act, an apportionment and an election of members of a convention to form a State constitution for Kansas, as hereinafter provided, five competent persons shall be appointed by the President, by and with the advice and consent of the Senate, to be commissioners, a majority of whom shall constitute a quorum for the purpose of carrying into effect the provisions of this act, each of whom, before entering upon the duties of his office, shall take and subscribe an oath or affirmation that he will support the Constitution of the United States, and faithfully and impartially exercise and discharge the duties enjoined on him by this act, according to the best of his skill and judgment, which oath or affirmation shall be administered to them severally, and be duly certified by a judge, clerk, or commissioner of a court of the United States, and filed and recorded in the office of the Secretary of the Territory of Kansas.

ties in said Territory, in the following manner: The whole number of legal voters shall be divided by fifty-two, and the product of such division, rejecting any fraction of a unit, shall be the ratio or rule of apportionment of members among the several counties; and if any county shall not have a number of legal voters, thus ascertained, equal to the ratio, it shall be attached to some adjoining county, and thus form a representative district, the number of said voters in each counand the product shall be the number of representaty or district shall then be divided by the ratio, tives apportioned to such county or district: Provided, That the loss in the number of members caused by the fractions remaining in the several counties, in the division of the legal voters thereof, shall be compensated by assigning to so many counties as have the largest fractions an additional member for its fraction, as may be necessary to make the whole number of representatives fifty-two.

SEC. 5. And be it further enacted, That the said board, immediately after the apportionment of the members of said convention, shall cause a sufficient number of copies thereof and of the returns of the census (specifying the name of each legal voter in each county or district) to be published and distributed among the inhabitants of the several counties, and shall transmit one copy of the said apportionment and census, duly authenticated by them, to each clerk of a court of record within the Territory, who shall file the same, and keep open to the inspection of every inhabitant who shall desire to examine it, and shall also cause other copies to be posted up in at least three of the most public places in each voting precinct, to the end that every inhabitant may inspect the same, and apply to the board to correct any error he may find therein, in the manner hereinafter provided.

SEC. 6. And be it further enacted, That said board shall remain in session each day, Sundays excepted, from the time of making said apportionment until the twentieth day of October

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