as a slave."

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, Mal lory, 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.

til the inhabitants of said Territory shall proceed -And be it further enacted, That, unto hold a convention to form a State constitution according to the provisions of this act, and so long as said Territory remains a Territory, the following sections contained in chapter one hundred and fifty-one, in the volume transmitted 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, right of persons to hold slaves in this Territory, such pamphlet, or circular, containing any denial of the persons shall be deemed guilty of felony, and punish ed by imprisonment at hard labor for a term of not less than two years.

SEC. 13. No person who is conscientiously opposed

"And be it further enacted, That the provision in the act to organize the Territories of 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 government of said Territory, are hereby declared to be utterly null and void. And no person shall hold any office, or exercise any authority or jurisdiction 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.'"

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

YEAS-Messrs. Allen, Bell of New-Hampshire, 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, Slidell, 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 Union under the provisions of this act, there tude in said Territory, otherwise than in punishshall be neither slavery nor involuntary serviment 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, Mason, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, Wright, and Yulee-35.

next, at such places as shall be most convenient to the inhabitants of said Territory, and shall proceed to the inspection of said returns, and hear, correct, and finally determine according to the facts, without unreasonable delay, under proper regulations to be made by the board, for the ascertainment of disputed facts concerning said enumeration, all questions concerning the omission of any person from said returns, or the improper insertion of any name on said returns, and any other question affecting the integrity or fidelity of said returns, and for this purpose the said board and each member thereof shall have power to administer oaths and examine witnesses, and compel their attendance in such manner as said board shall deem necessary.

SEC. 7. And be it further enacted, That as soon as the said lists of legal voters shall thus have been revised and corrected, it shall be the duty of said board to cause copies thereof to be printed and distributed generally among the inhabitants of the proposed State, and one copy shall be deposited with the clerk of each court of record within the limits of the proposed State, and one copy delivered to each judge of the election, and at least three copies shall be posted up at each place of voting.

SEC. 8. And be it further enacted, That an election shall be held for members of a convention to form a constitution for the State of Kansas, according to the apportionment to be made aforesaid, on the first Tuesday after the first Monday in November, eighteen hundred and fifty-six, to be held at such places and to be conducted in such manner, both as to persons who shall superintend such election and the returns thereof as the board of commissioners shall appoint and direct, except in cases by this act otherwise provided; and at such election no person shall be permitted to vote unless his name shall appear on said corrected lists.

SEC. 9. And be it further enacted, That the board of commissioners shall have power, and it shall be their duty, to make all needful rules and regulations for the conduct of the said election and the returns thereof. They shall appoint three suitable persons to be judges of the election at each place of voting, and prescribe the mode of supplying vacancies. They shall cause copies of the rules and regulations, with a notice of the places of holding elections and the names of the judges, to be published and distributed in every election-district or precinct ten days before the day of election, and shall transmit a copy thereof to the clerk of each court of record, and one copy to each judge of election.

SEC. 10. And be it further enacted, That the judges of election shall each, before entering on the discharge of his duties, make oath or affirmation that he will faithfully and impartially discharge the duties of judge of the election according to law, which oath may be administered by any officer authorized by law to administer oaths. The clerks of election shall be appointed by the judges, and shall take the like oath or affirmation, to be administered by one of the judges or by any of the officers aforesaid. Duplicate returns of election shall be made and certified by the judges and clerks, one of which shall be deposited in the office of the clerk of the tribunal transacting county business for the county in which the election is held, and the other shall be transmitted to the board of commissioners, whose duty it shall be to decide, under proper regulations to be made by themselves, who are entitled to certificates of election, and to issue such certificates accordingly, to the persons who, apon examination of he returns and of such proofs as shall be adduced in case of a contest, shall appear to have been duly elected in each county or district: Provided, In case of a tie or

of a contest, in which it cannot be satisfactorily determined who was duly elected, said commissioners shall order a new election in like manner as is herein provided. Upon the completion of these duties the said commissioners shall return to Washington, and report their proceedings to the Secretary of the Interior, whereupon said commission shall cease and determine.

SEC. 11. And be it further enacted, That every white male citizen of the United States over twenty-one years of age, who may be a bona fide inhabitant of said Territory on the fourth day of July, eighteen hundred and fifty-six, and who shall have resided three months next before said election in the county in which he offers to vote, and no other persons whatever shall be entitled to vote at said election, and any person qualified as a voter may be a delegate to said convention, and no others; and all persons who shall possess the other qualifications for voters under this act, and who shall have been bona fide inhabitants of said Territory at any time since its organization, and who shall have absented themselves therefrom in consequence of the disturbances therein, and who shall return before the first day of October next and become bona fide inhabitants of the Territory with the intent of making it their permanent home, and shall present satisfactory evidence of these facts to the board of commissioners, shall be entitled to vote at said election, and to have their names placed on said corrected list of voters for that purpose; and to avoid all conflict in the complete execution of this act, all other elections in said Territory are hereby postponed until such time as said convention shall appoint.

SEC. 12. And be it further enacted, That the said commissioners, and all persons appointed by them to assist in taking the census, shall have power to administer oaths and examine persons on oath in all cases where it shall be necessary to the full and faithful performance of their duties under this act; and the secretary shall keep a journal of the proceedings of said board, and transmit copies thereof from time to time to the Secretary of the Interior; and when said commissioners shall have completed the business of their appointment, the books and papers of the board shall be deposited in the office of the Secretary of the Territory and there kept as records of his office.

SEC. 13. And be it further enacted, That if any person by menaces, threats, or force, or by any other unlawful means, shall directly or indirectly attempt to influence any qualified voter in giving his vote, or deter him from going to the polls, or disturb or hinder him in the free exercise of his right of suffrage at said election, the person so offending shall be adjudged guilty of a misdemeanor, and punished by fine of not less than two hundred and fifty dollars, nor exceeding five hundred dollars, or by imprisonment of not less than three months, nor exceeding one year, or by both.

SEC. 14. And be it further enacted, That every person, not being a qualified voter according to the provisions of this act, who shall vote at any election within the said Territory, knowing that he is not entitled to vote, and every person who shall, at the same election, vote more than once, whether at the same or a different place, shall be adjudged guilty of a misdemeanor, and be punished by fine of not less than one hundred dollars, nor exceeding two hundred and fifty dollars, or by imprisonment not less than three months, nor exceeding six months, or both.

SEC. 15. And be it further enacted, That any person whatsoever who may be charged with holding the election herein authorized, who shall willfully and knowingly commit any fraud or irregularity whatever, with the intent it to hinder, or

prevent, or defeat a fair expression of the popufar will in the said election, shall be guilty of a misdemeanor, and punished by fine not less than five hundred dollars, nor exceeding one thousand dollars, and imprisonment not less than six months, nor exceeding two years, or both, at the discretion of the court.

SEC. 16. And be it further enacted, That the delegates thus elected shall assemble in convention at the capitol of said Territory on the first Monday in December next; and when so as sembled, shall first determine by a majority of the whole number of members elected whether it be or be not expedient at that time to form a constitution and State government; and if deemed expedient, shall proceed to form a constitution and State government, which shall be republican in its form, for admission into the Union on an equal footing with the original States in all respects whatever, by the name of the State of Kansas, with the following boundaries, to wit: beginning on the western boundary of the State of Missouri, where the thirty-seventh parallel of north latitude crosses the same, then west on said parallel to the one hundred and third meridian of longitude, then north on said meridian to the fortieth parallel of latitude, then east on said parallel of latitude to the western boundary of the State of Missouri, then southward with said boundary to the beginning; and until the next congressional apportionment the said State shall have one representative in the House of Representatives of the United States.

SEC. 17. And be it further enacted, That said commissioners shall receive, as their compensation, ten dollars per day during their attendance on the business of said commission, beginning on the day they depart from home, and their actual expenses, and said secretary of the board the sum of eight dollars per day, computed in like manner, and his expenses, and the said assistants, for taking the census, shall receive such reasonable compensation as the board shall deem just and equitable.

SEC. 18. And be it further enacted, That inasmuch as the Constitution of the United States and the organic act of said Territory have secured to the inhabitants thereof certain inalienable rights of which they cannot be deprived by any legislative enactment, therefore no religious test shall ever be required as a qualification to any office or public trust; no law shall be in force or enforced in said Territory respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble, and petition for the redress of grievances; the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized; nor shall the rights of the people to keep and bear arms be infringed. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use with out just compensation. In all criminal prosecution, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the

nature and cause of the accusation; to be con fronted with the witnesses against him; to have compulsory process of obtaining witnesses in his favor, and to have the assistance of counsel for his defense. The privilege of habeas corpus shall not be suspended, unless when in case of rebellion or invasion, the public safety may require it. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. No law shall be made or have force or effect in said Territory which shall require a test oath or oath to support any act of Congress or other legislative act as a qualification for any civil office or public trust, or for any employ. ment 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.

SEC. 19. And be it further enacted, That the following propositions be, and the same are hereby, offered to the said convention of the people of Kansas for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory on the United States and upon the said State of Kansas, to wit:

First. That sections numbered sixteen and thirty-six in every township of public lands in said State, and where either of said sections or any part thereof has been sold or otherwise been disposed of, other lands, equivalent thereto and as contiguous as may be, shall be granted in said State for the use of schools.

Second. That seventy-two sections of land shall be set apart and reserved for the use and support of a State university, to be selected by the Governor of said State, subject to the approval of the Commissioner of the General Land Office, and to be appropriated and applied in such manner as the legislature of said State may prescribe for the purpose aforesaid, but for no other purpose.

Third. That ten entire sections of land, to be selected by the governor of said State, in legal subdivisions, shall be granted to said State for the purpose of completing the public buildings, or for the erection of others at the seat of gov ernment, under the direction of the legislature thereof.

Fourth. That all salt springs within said State, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said State for its use; the same to be selected by the gov ernor thereof within one year after the admission of said State, and, when so selected, to be used or disposed of on such terms, conditions, and regulations as the legislature shall direct. Provided, That no salt spring or land, the right whereof is now vested in any individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall by this article be granted to said State.

Fifth. That five per centum of the net proceeds of sales of all public lands lying within said State, which shall be sold by Congress after the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State, for the purpose of making public roads and internal improvements, as the legislature shall direct: Provided, The foregoing propositions herein offered are on the