« ՆախորդըՇարունակել »
Committee on Territories, its Chairman, ston, Kelsey, King, Knapp, Knight, Knowlton, Mr. Grow of Penna., from a majority of said Knox, Kunkel, Leiter, Mace, Matteson, Mc Committee, reported in favor of the admis- Moore, Morgan, Morrill, Murray, Andrew Oliver,
Carty, Meacham, Killian Miller, Millward, sion of Kansas under such Constitution, as Parker, Pearce, Pelton, Pennington, Perry, a Free State ; and after debate the Previous Pettit, Pike, Pringle, "Purviance, Robbins, Question thereon was ordered (June 28th) Roberts, Robison, Sabin, Sage, Sapp, Scott, by a vote of 98 Ayes to 63 Noes. Previous Sherman, Şimmons, Stanton, Stranahan, Tap
Thorington, Thurston, Todd, Trafton, to this, however, Mr. Stephens of Georgia | Wade, Wakeman, Walbridge, Waldron, Cadhad proposed, as an amendment or substitute, walader C. Washburne, Elilu B. Washburne, a radically different bill, contemplating the Israel Washburn, Watson, Welch, Whitney, appointment by the President and Senate of Wood, Woodruff, and Woodworth—109.
NAYS— Messrs. Aiken, Allen, Barclay, Barksfive Commissioners, who should repair to dale, Bell, Hendley S. Bennett, Bocock, Bowie, Kansas, take a census of the inhabitants and Boyce. Branch, Brooks, Burnett, Cadwalader, legal voters, and thereupon proceed to ap- John P. Campbell, Carlile, Caruthers, Caskie portion, during the month of September, Cobb, Cox, Craige, Crawford, Davidson, Day,
Clingman, Howell Cobb, Williamson R. W. 1856, the delegates (52) to form a constitu- Denver, Dowdell, Edmundson, Elliot, English, tional convention, to be elected by the legal Eustis, Faulkner, Florence, Foster, Thomas J. voters aforesaid ; said delegates to be chosen D. Fuller, Goode, Greenwood, Augustus Hall, on the day of the Presidential election (Tues- J. Morrison Harris, Sampson W. Harris, Hick day, Nov. 4th, 1856), and to assemble in Jones, J. Glancy Jones, Keitt, Kelly, Kennett,
man, Hoffman, Houston, Jewett, George W. convention on the first Monday in December, Kidwell, Lake, Letcher, Lumpkin, Alexander 1856, to form a State Constitution. The K. Marshall, Humphrey Marshall, Maxwell, Mcbill proposed, also, penalties for illegal voting Mullin, McQueen, Smith Miller, Millson, Nichols, at said election.
Mordecai Oliver, Orr, Packer, Paine, Peck, To this substitute-bill, Mr. Dunn of In- Ready Ricaud, Richardson, Rivers, Ruffin,
Phelps, Porter, Powell, Puryear, Quitman, diana proposed the following amendment, to Rust, Sandidge, Savage, Seward, Shorter, Samuel come in at the end as an additional section : A. Smith, William Smith, William R. Smith, Sec. 18. And be it further enacted, That so bott, Taylor, Trippe, Underwood, Valk, Walker,
Sneed, Spinner, Stephens, Stewart, Swope, Talmuch of the fourteenth section and of the thirty- Warner, Watkins, Wheeler, Williams, Daniel second section of the act passed at the first session of the Thirty-Third Congress, commonly 102.
B. Wright, John V. Wright, and Zollicoffercalled the Kansas and Nebraska act, as reads as follows: “Except the eighth section of the act
Mr. Stephens's substitute, as thus amend. preparatory to the admission of Missouri into the ed by its adversaries, was abandoned by its Union, approved March 6, 1820, which, being original friends, and received but two votes inconsistent with the principle of non-interven; —those of Messrs. Geo. G. Dunn of Indiana tion by Congress with slavery in the States and Territories, as recognized by the legislation of and John Scott Harrison of Ohio—Nays 1850, commonly called the compromise measures, 210. is hereby declared inoperative and void ; it Mr. Dunn had previously moved a referbeing the true intent and meaning of this act ence of the bill to the Committee of the not to legislate slavery into any State or Territory, or to exclude it therefrom, but to leave the Whole on the state of the Union. This was people thereof perfectly free to form and regulate now defeated : Yeas 101 ; Nays 109. their domestic institutions in their own way, sub- Mr. Jones of Tenn, now moved that the ject only to the Constitution of the United bill do lie on the table, which was defeated : States : Provided, That nothing herein contained Yeas 106 ; Nays 107 (Barclay of Penn., shall be construed to revive or put in force any law or regulation which may have existed prior Dunn of Ind., Haven and Williams of N. Y. to the act of 6th March, 1820, either protecting, -Yeas ; Bayard Clarke of New-York, Hickestablishing, prohibiting, or abolishing slavery, man and Millward of Pa., Moore of Ohio, be, and the same is thereby, repealed, provided and Scott of Ind.—Nays ; Scott Harrison that any person or persons lawfully held to service within either of the Territories named in of Ohio not voting, Wells of Wisc. absent). said act shall be discharged from such service, The House now refused to adjourn by 106 if they shall not be removed and kept out of said to 102 ; and, after a long struggle, the final Territories within twelve months from the pas- question was reached, and the bill rejected : sage of this act. Mr. Dunn's amendment to the Stephens
Yeas, 106 ; Nays 107–
-as follows: amendment or substitute, was carried : Yeas
YEAS—Messrs. Albright, Allison, Ball, Bar
bour, Henry Bennett, Benson, Billinghurst, 109 ; Nays 102—as follows :
Bingham, Bishop, Bliss, Bradshaw, Brenton, YEAS—Messrs. Albright, Allison, Ball, Bar- Buffinton, Burlingame, J. H. Campbell, Lewis bour, Henry Bennett, Benson, Billinghurst, D. Campbell, Bayard Clarke, Ezra Clark, Claw. Bingham, Bishop, Bliss, Bradshaw, Brenton, son, Colfax, Comins, Covode, Cragin, Cumback, Broom, Buffinton, Burlingame, James H. Camp- Damrell, Timothy Davis, Day, Dean, De Witt, bell, Lewis D. Campbell, Bayard Clarke, Ezra Dick, Dickson, Dodd, Durfee, Edie, Edwards, Clark, Clawson, Colfax, Comins, Covode, Cragin, Emrie, Flagler, Galloway, Giddings, Gilbert, Cumback, Damrell, Timothy Davis, Dean, De Granger, Grow, Robert B. Hall, Harlan, HickWitt, Dick, Dickson, Dodd, Dunn, Durfee, man, Holloway, Thomas R. Horton, Valentine Edie, Edwards, Emrie, Flagler, Galloway, Gid. B. Horton, Howard, Hughston, Kelsey, King, dings, Gilbert, Granger, Grow, Robert B. Hall, Knapp, Knight, Knowlton, Knox, Kunkel, LeiHarlan, Harrison, Haven, Holloway, Thomas R. ter, Matteson, McCarty, Meacham, Killian Mil. Horton, Valentine B. Horton, Howard, Hugh. | ler, Millward, Moore, Morgan, Morrill, Murray,
Nichols, Andrew Oliver. Parker, Pearce, Pelton, Comins, Covode, Cragin, Cumback, Damrell, Pennington, Perry, Pettit, Pike, Purviance, Timothy Davis, Day, Dean, De Witt, Dick, Robbins, Roberts, Robison, Sabin, Sage, Sapp, Dickson, Dodd, Durfee, Edie, Edwards, Emrie, Scolt, Sherman, Simmons, Spinner, Stanton, Flagler, Galloway, Giddings, Gilbert, Granger, Stranahan, Tappan, Thorington, Thurston, Todd, Grow, Robert B. Hall, Harlan, Hickman, HolloTrafton, Wade, Wakeman, Walbridge, Waldron, way, Thomas R. Horton, Valentine B. Horton, Cadwalader Ć. Washburne, Elihu B. Wash. Howard, Hughston, Kelsey, King, Knapp, burne, Israel Washburn, Watson, Welch, Wood, Knight, Knowlton, Knox, Kunkel, Leiter, MatteWoodruff, and Woodworth—106.
son, McCarty, Meacham, Killian Miller, Millward, NAYS-Messrs. Aiken, Allen, Barclay, Barks- Morgan, Morrill
, Mott, Murray, Nichols, Andrew dale, Bell, Hendley S. Bennet, Bocock,' Bowie, Oliver, Parker, Pearce, Pelton, Perry, Pike, Boyce, Branch, Brooks, Broom, Burnett, Cad? Pringle,
Roberts, Robison, walnder, John P. Campbell, Carlile, Caruthers, Sabin, Sage, Sapp, Scott, Sherman, Spinner, Caskie, Howell Cobb, Williamson R. W. Cobb, Stranahan, Tappan, Thorington, Thurston, Todd, Cox, Craigo, Crawford, Cullen, Davidson, Den Trafton, Wade, Wakeman, Walbridge, Waldron, ver, Dowdell, Dunn, Edmundson, Elliot, Eng. Cadwalader C. Washburne, Elihu B. Wash lish, Etheridge, Eustis, Evans, Faulkner, Flor. burne, Israel Washburn, Welch, Woodruff, and
Woodworth-99. ence, Foster, Thomas J. D. Fuller, Goode, Green. wood, Augustus Hall, J. Morrison Harris, Samp
NAYS—Messrs. Aiken, Allen, Barksdale, Bell, son W. Harris, Harrison, Haren, Herbert, Ho Hendley S. Bennett, Bocock, Bowie, Branch, man, Houston, Jewett, George W. Jones, J. Brooks, Broom, Burnett, Cadwalader, Carathers, Glancy Jones, Keitt, Kelly, Kennett, Kidweli
, Caskie, Clingman, Howell Cobb, Williamson R. Lake, Letcher, Lindley, Lumpkin, Alexander K. W: Cobb, Cox, Craige, Crawford, Cullen, Henry Marshall
, Humphrey Marshall, Samuel S. Mar: Winter Davis, Denver, Dowdell, Dunn, Ed. shall, Maxwell, McMullin, McQueen, Smith Mil- mundson, English, Etheridge, Eustis, Evans, ler, 'Millson, Mordecai 'Oliver, Orr, Packer, D. Fuller, Goode, Greenwood, Augustus Hall, J
Faulkner, Florence, Henry M. Fuller, Thos. J Quitman, Ready, Ricaud, Rivers, Ruffin, Rust, L. Harris, Harrison, Haven, Houston, Jewett
, Paine, Peck, Phelps, Porter; Powell, Puryear. Morrison' Harris
, Sampson W. Harris, Thomas Sandidge, Savage, Seward, Shorter, Samuel A. Smith, William Smith, William R. Smith, Sneed, George W. Jones, J. Glancy Jones, Kelly, KenStephens, Stewart, Swope, Talbott, Taylor, Trippe ander K. Marshall, Humphrey Marshall, Sa
nett, Kidwell, Lake, Lindley, Lumpkin, Alex Underwood, Valk, Walker, Warner, Watkins, muel s. Marshall, McMullin, McQueen, Smith Wheeler, Whitney, Williams, Daniel B. Wright, Miller, Milson, Mordecai Oliver, Orr, Packer, John V. Wright, and Zollicoffer-107.
Peck, Phelps, Porter, Powell, Puryear, Ready, So the bill was lost.
Ricaud, Rivers, Ruffin, Rust, Sandidge, Savage, Mr. Goode of Virginia now sought to Seward, Shorter, Samuel Á. Smith, William move a reconsideration, and to have that art, Swope, Taylor, Trippe, Underwood, Valk,
Smith, William R. Smith, Sneed, Stephens, Stew. motion laid on the table ; but was cut off by Walker, Warner, Watkins, Wheeler, Whitney, a motion to adjourn already pending, which Williams, Winslow, Daniel B. Wright, John V prevailed.
Wright, and Zollicoffer—97. July 1st.—Mr. Barclay (Dem.) of Pa. rose Mr. Grow of Pa. moved the reconsiderato a privileged motion. He moved a recon- tion of this vote, and that the motion to resideration of the preceding vote, by which consider do lie on the table, which was perthe Free-Kansas bill had been rejected. Amitted, without further division. stormy debate ensued, in the midst of which Mr. Howard of Mich. rose to a question of The following is the Free-Kansas or higher privilege (as affecting the right of a Topeka Constitution aforesaid : member[delegate) to his seat) and submitted the Report of the Kansas Investigating
CONSTITUTION Committee (already given). The Speaker
OF THE STATE OF KANSAS. sustained the motion, and the House sustained the Speaker. The Report was there- We, the People
of the Territory of Kansas, by upon presented and read, consuming a full our delegates in Convention assembled at Tope. day.
ka, on the 23d day of October, A. D. 1855, and July 3rd.—The question of reconsidering eightieth year, having the right of admission into
of the Independence of the United States the the vote defeating the
Free-Kansas bill was the Union as one of the United States of America, again reached. Mr. Houston of Ala. moved consistent with the Federal Constitution and by that it do lie on the table : Defeated : Yeas virtue of the treaty of cession by France to the 97; Nays 102. The main question was then United States of the Province of Louisiana, in ordered: Yeas 101 ; Nays 98; and the re- the enjoyment of all the rights of life, liberty and
order to secure to ourselves and our posterity consideration carried : Yeas 101 ; Nays 99. property, and the free pursuit of happiness, do The previous question on the passage of the mutually agree with each other to form ourselves bill was now ordered : Yeas 99; Nays 96 ; and style of the STATE OF Kansas, bounded as
into a free and independent State, by the name a motion by Mr. McQueen of S.C. to lay the follows, to wit: Beginning at a point on the bill on the table was defeated : Yeas 97 ;) western boundary of the State of Missouri where Nays 100; and then the bill was finally the thirty-seventh parallel of north latitude passed : Yeas 99 ; Nays 97, as follows: crosses the same ; thence west on said parallel
to the eastern bonndary of New Mexico; thence YEAS—Messrs. Albright, Allison, Ball, Bar- north on said boundary to latitude thirty-eight; bour, Barclay, Henry Bennett, Benson, Billing. thence following said boundary westward to the hurst, Bingham, Bliss, Bradshaw, Brenton, Buffin. eastern boundary of the Territory of Utah on ton, James H. Campbell
, Lewis D. Campbell
, the summit of the Rocky Mountains; thence Bayard Clarke, Ezra Clark, Clawson, Colfax, northward on said summit to the fortieth parallel
of said latitude; thence east on said parallel to , in his behalf, and a speedy public trial by an imthe western boundary of the State of Missouri ; partial jury of the county or district in which the thence south with the western boundary of said offense is alleged to have been committed ; nor State to the place of beginning; and do ordain shall any person be compelled in any criminal and establish the following Constitution and case to be a witness against himself, or be twice BILL OF Rights for the government thereof: put in jeopardy for the same offensé.
Sec. 11. Every citizen may freely speak, write ARTICLE I.-Bill of Rights.
and publish his sentiments on all subjects, being Section 1. All men are by nature free and responsible for the abuse of the right; and no independent, and have certain inalienable rights, aw shall be passed to restrain or abridge the among which are those of enjoying and defending liberty of speech or of the press. In all criminal life and liberty, acquiring, possessing, and pro- prosecutions or indictments for libel, the truth tecting property, and seeking and obtaining may be given in evidence to the jury, and if it happiness and safety.
shall appear to the jury that the matter charged Sec. 2. All political power is inherent in the as libelous is true, and was published with good PEOPLE. Government is instituted for their motives, and for justifiable ends, the party shall equal protection and benefit; and they have the
be acquitted. right to alter, reform or abolish the same when the State for any offense committed within the
SEC. 12. No person shall be transported out of ever they may deem it necessary; and no special privileges or immunities shall ever be granted same; and no conviction shall work corruption
of blood or forfeiture of estate. that may not be altered, revoked, or repealed by the General Assembly:
Sec. 13. No soldier shall, in time of peace, be Sec. 3. The people have the right to assemble quartered in any house without the consent of together, in a peaceable manner, to consult, for the owner ; nor in time of war, except in a manatives, and to petition the General Assembly their persons, houses, papers, and possessions, their common good, to instruct their Represent. ner prescribed by law.
Sec. 14. The right of the people to be secure in for the redress of grievances. SEC. 4. The people have the right to bear arms
against unreasonable searches and seizures, shall for their defense and security, but standing ar
not be violated; and no warrant shall issue but mies in time of peace are dangerous to liber. upon probable cause, supported by oath or afty, and shall not be kept up; and the military firmation, particularly describing the place to shall be kept in strict subordination to the civil be searched, and the persons and things to be
seized. power. Sec. 5. The right of trial by jury shall be in- debt in any civil action, or mesne or final pro
SEC. 15. No person shall be imprisoned for violate. nor involuntary servitude, unless for the punish- person for an injury done him in his land, goods, SEC. 6. There shall be no Slavery in this State, cess, unless in case of fraud.
Sec. 16. All courts shall be open; and every ment of crime.
Sec. 7. All men have a natural and indefeasi- person, or reputation, shall have remedy by due ble right to worship Almighty God according to
course of law, and justice administered without the dictates of their own conscience. No person
denial or delay. shall be compelled to attend, erect or support privileges, shall ever be granted or conferred by
Sec. 17. No hereditary emoluments, honors, or any place of worship, or maintain any form of
this State. worship against his consent; and no preference shall be given by law to any religious society;
Sec. 18. No power of suspending laws shall ccnscience be permitted. No religious test shall bly: nor shall any interference with the rights of ever be exercised, except by the General Assembe required as a qualification for office, nor shall
Sec. 19. The payment of a tax shall not be any person be incompetent to be a witness on ac
a qualification for exercising the right of sufcount of his religious belief; but nothing herein frage. shall be construed to dispense with oaths and inviolate, but subservient to the public welfare.
Sec. 20. Private property shall eve be held affirmations. Religion, morality, and knowledge, When taken in time of war, or other public exihowever, being essential to good government, it shall be the duty of the General Assembly to gency, imperatively requiring its immediate pass suitable laws to protect every religious de seizure, or for the purpose of making or repairnomination in the peaceable enjoyment of its ing roads, which shall be open to the public use, own mode of public worship, and to encourage sation shall be made to the owner in money; and
without toll or other charge therefor, a compen. schools and the means of instruction. Sec. 8. The privilege of the writ of habeas be taken for public use, a compensation there
in all other cases, where private property shall corpus shall not be suspended, unless in case of rebellion or invasion the public safety require it
. for shall first
by Sec. 9. All persons shall be bailable by suffi. be assessed by a'jury, without deduction for
a deposit of money, and such compensation shall cient sureties, unless for capital offenses where Excessive bail shall not be required, nor exces to, made and executed out of the bounds of the the proof is evident, or the presumption great. benefits to any property of the owner.
Sec. 21. No indenture of any negro, or mulatsive fines imposed, nor cruel and unusual pun. State, shall be valid within the State. ishments inflicted. SEC. 10. Except in cases of impeachment, and
Sec. 22. This enumeration of rights shall not cases arising in the army and navy, or in the be construed to impair or deny others retained militia, when in actual service, in time of
by the people; and all powers not herein dele. or public danger, and in cases of petit larceny gated shall remain with the people. and other inferior offenses, no person shall be held to answer for a capital or otherwise infa
ARTICLE II.-ELECTIVE FRANCHISE. mous crime, unless on presentment or indictment Section 1. In all elections by the people, the of a Grand Jury. In any trial, in any court, the vote shall be by ballot, and in all elections in party accused shall be allowed to appear and the General Assembly, the vote shall be viva defend in person, and with counsel, to demand voce. the nature and cause of the accusation against Sec. 2. Every white male person, and every him, and to have a copy thereof; to meet the civilized male Indian who has adopted the hab. witnesses face to face, and to have compulsory its of the white man, of the age of twenty-one process to procure the attendance of witnesses | years and upward, who shall be at the time of
offering to vote a citizen of the United States ; , and Counties, and shall have their offices at such who shall have resided, and had his habitation, places as may be required by law. domicile, home, and place of permanent abode in SEC. 12. Returns of elections for members of the State of Kansas for six months next preced. Congress, the General Assembly, and all other ing the election at which he offers his vote ; who, officers not otherwise provided for, shall be made at such time, and for thirty days immediately to the Secretary of State, in such manner as may preceding said time, shall have had his actual be prescribed by law. habitation, domicile, home, and place of abode in Sec. 13. Electors shall in all cases be privithe county in which he offers to vote ; and who leged from arrest during their attendance on shall have resided in the precinct or election elections, and in going to and returning, theredistrict for at least ten days immediately preced. from, except in case of felony, treason, and breach ing the election, shall be deemed a qualified elec. of the peace. tor at all elections under this Constitution, except at elections by general ticket in the State ARTICLE III.-DISTRIBUTION OF POWERS. or district prescribed by law, in which case the elector must have the aforesaid qualifications,
SECTION 1. The powers of the Government but a residence in said district for ten days will shall be divided into three separate departments entitle him to vote : Provided, That no soldier, Administrative, and the Judicial; and no per
-the Legislative, the Executive, including the seaman, or marine of the regular army, of the United States shall be considered a resident of these departments shall exercise any of the
son charged with official duties under one of the State in consequence of being stationed with functions of another, except as in this constituin the same. Sec. 3. The General Assembly shall, at its first
tion expressly provided. session, provide for the registration of all quali
ARTICLE IV.-LEGISLATIVE. fied electors in each county, and thereafter, from time to time, of all who may become qualified Section 1. The Legislative power of this electors.
State shall be vested in the General Assembly, Sec. 4. The Legislature shall have power to which shall consist of a Senate and House of exclude from every office of honor, trust or profit Representatives. within the State, and from the right of suf- SEC. 2. The Senators and Representatives frage, all persons convicted of any infamous shall be chosen annually by the qualified electcrime.
ors of the respective Counties or Districts for Sec. 5. No person shall be deemed capable of which they are chosen, on the first Monday of holding or being elected to any post of honor, August, for one year, and their term of office profit, trust, or emolument, civil or military, or shall commence on the first day of January next exercise the right of suffrage under the govern- | thereafter. ment of this State, who shall hereafter fight a Sec. 3. There shall be elected at the first elecduel, send or accept a challenge to fight a duel, tion twenty Senators, and sixty Representatives, or who shall be a second to either party, or who and the number afterward shåll be regulated by shall in any manner aid or assist in such' duel, or law. who shall be knowingly the bearer of such chal- SEC. 1. No person shall be eligible to the lenge or acceptance, whether the same occur or office of Senator, or Representative, who shall be committed in or out of the State.
not possess the qualifications of an elector. Sec. 5. No person who may hereafter be col. Sec. 5. No person holding office under the aulector or holder of public monays shall be eligi- thority of the United States, or any lucrative ble to any office of trust or profit in the State office under the authority of this state, shall be until he shall have accounted for and paid into eligible to or hold a seat in the General Assemthe proper public treasury all sums for which he bly; but this provision shall not extend to townmay be accountable.
ship officers, justices of the peace, notaries pubSec. 7. No State officer or member of the lic, postmasters, or officers of the militia. General Assembly of this State shall receive a ŞEc. 6. Each House, except as otherwise pro. fee, be engaged as counsel, agent, or attorney, in vided in this Constitution, shall choose its own any case or claim against the State.
officers, determine its own rule of proceeding, SEC. 8. No Senator or Representative shall, punish its members for disorderiy conduct, and during the term of office for which he shall have with the concurrence of two-thirds expel a membeen elected, be appointed to any civil office of ber, but not the second time for the same cause; profit in this State which shall have been created, and shall judge of the qualification, election and or the emoluments of which shall have been in- return of its own members, and shall have all creased during such term, except such offices as other powers necessary for its safety and the unmay be filled by election by the people.
disturbed transaction of business. Sec. 9. All officers, civil and military, in this SEC. 7. Each House shall keep a journal of its State, before they enter upon the duties of their proceedings and publish the same. The Yeas respective offices, shall take the following oath and Nays on any question shall, at the request or affirmation : "I
do swear (or of two members, be entered on the journal. affirm) that I will support the Constitution of the Sec. 8. Any member of either House shall United States, and of the State of Kansas ; that I have the right to protest against any act or resoam duly qualified according to the Constitution lution thereof; and such protest and reason to exercise the office to which I have been elect-therefor shall, without alteration, commitment ed, (or appointed,] and will, to the best of my or delay, be entered on the journal. abilities, discharge the duties thereof faithfully Sec. 9. All vacancies which may occur in and impartially, according to law.”'
either House shall, for the unexpired term, be Sec. 10. Every person shall be disqualified filled by election as shall be prescribed by from holding any office of honor or profit in this law. State, who shall have been convicted of having SEC. 10. Senators and Representatives shall, given or offered any bribe to procure his elec- in all cases except treason, felony or breach of tion, or who shall have made use of any undue the peace, be privileged from arrest during the influence from power, tumult, or other improper session of the General Assembly, and in going practices.
to and returning from the same; and for words Sec. 11. All civil officers of the State shall spoken in debate they shall not be questioned in * reside within the State, and all District and any other place. County officers within their respective Districts Sec. 11. A majority of all the members elected
to each House shall be necessary to pass every bill | acquitted, shall nevertheless be liable to indictor joint resolution, and all bills and joint reso- ment, trial, judgment and punishment, according lutions so passed shall be signed by the presid- to law. ing officers of the respective Houses, and pre- Sec. 24. Within one year after the ratification sented to the Governor for his approval.
of this Constitution, and within every subseSEC. 12. The doors of each House, and of quent two years thereafter, for the term of ten Committees of the Whole, shall be kept open. years, an enumeration of all the whiteinhabitants Neither House shall, without the consent of the of this State shall be made in such manner as other, adjourn for more than two days, nor to shall be directed by law. any other place than that in which the two Sec, 25. All regular sessions of the General Houses shall be sitting, except for personal Assembly shall be held at the capital of the safety.
State, and shall commence on the firs tTuesday SEC. 13. Every bill shall be read by sections of January annually. on three several days in each House unless in Sec. 26. All bills for raising revenue shall origicase of emergency.' Two-thirds of the House nate in the House of Representatives, subject, where such bill is pending, may, if deemed expe- however, to amendment or rejection as in other dient, suspend the rules on a call of the Yeas and cases. Nays; but the reading of a bill by sections on its
Sec. 27. The members of the General Assemfinal passage shall in no case be dispensed bly shall receive for their services the sum of with ; and the vote on the passage of every bill four dollars per day for each and every day they or joint resolution shall be taken by Yeas and are actually in attendance at any regular or Nays.
special session, and four dollars for every Sec. 14. Every act shall contain but one sub- twenty miles they shall travel in going to and ject, which shall be clearly expressed in its title. returning from the place of meeting by the most Bills may originate in either
House, but may be usually traveled route; and no session of the altered, amended, or rejected by the other. General Assembly, except the first under this
Sec. 15. In all cases wben a general law can Constitution, shall extend beyond the term of be made applicable, special laws shall not be sixty days, nor any special session more than enacted.
forty days. Sec. 16. No act shall ever be revived amended by mere reference to its title ; but the
ARTICLE V.-EXECUTIVE. act revived, or the section amended, shall be set forth and published at full length.
SECTION 1. The Executive Department shall Sec. 17. No act shall take effect until the same consist of a Governor, a Lieutenant-Governor, shall have been published and circulated in the Secretary of State, Treasurer, Auditor, and Atcounties of the State by authority, except in torney-General, who shall be chosen' by the case of emergency, which emergency shall be electors of the State at the same time and place declared in the preamble, or the body of the of voting for the members of the General Assemlaw.
bly. Sec. 18. The election and appointment of all Šec. 2. The Governor, Lieutenant-Governor, officers, and the filling of all vacancies not other. Secretary of State, Treasurer, Auditor, Attorneywise provided for by this Constitution, or the General, and State Printer, shall hold their office Constitution of the United States, shall be made for two years. Their terms of office shall comin such manner as shall be prescribed by law; mence on the first Tuesday of January next after but no appointing power shall be exercised by their election, and continue until their succesthe General Assembly, except as provided in this sors are elected and qualified, neither of which Constitution and in the election of the United officers shall be eligible for re-election more than States Senator, and in these cases the vote shall two out of three consecutive terms; nor shall any be taken viva voce.
person be eligible for the office of Governor who SEC. 19. The General Assembly shall not have who shall not have attained the age of thirty power to enact laws annulling the contract of years. marriage any case where by law the courts Sec. The returns of every election for the of this State may have power to decree a di- officers named in the foregoing section, shall be
sealed up and transmitted to the seat of govern. Sec. 20. The General Assembly shall not have ment by the returning officers, directed to the power to pass retro-active laws, or laws impair- Secretary of State, who shall lay the same before ing the obligation of contracts, but may by the General Assembly at their first meeting general laws authorize Courts to carry into effect, thereafter, when they shall open, publish and deupon such terms as shall be just and equitable, clare the result thereof in the presence of a mathe manifest intention of parties and officers, jority of the members of both Houses. The perby curing omissions, defects, and errors in instru- son having the highest number of votes shall be ments, and proceedings arising out of a want of declared duly elected, and a certificate thereof conformity with the laws of this state.
given to such person, signed by the presiding Sec. 21. The style of the laws of this State officers of both bodies'; but if any two or more shall be: "Be it enacted by the General Assem- shall be highest and equal in votes for the same bly of the State of Kansas."
office, one of them shall be chosen by the joint SEC. 22. The House of Representatives shall vote of both Houses. have the sole power of impeachment. All im. Sec. 4. The supreme executive power shall be peachments shall be tried by the Senate, and vested in a Governor. when sitting for the purpose, the Senators shall SEC. 5. He may require information in writing be upon oath or affirmation to do justice ac- from the officers in the Executive Department cording to law and evidence. No person shall be upon any subject relating to the duties of their convicted without the concurrence of two-thirds respective offices, and shall see that the laws are of all the Senators present.
faithfully executed. Sec. 23. The Governor and all other civil offi- SEC. 6. He shall communicate at every session, cers, under the laws of this state, shall be liable by message, to the General Assembly, the condito impeachment for any misdemeanor in office, but tion of the affairs of the State, and recommend judgment in such cases shall not extend further such measures as he shall deem expedient for than to removal from office, and disqualification their action. to hold any office of honor, profit, or trust, under Sec. 7. He may on extraordinary occasions this State, The party, whether convicted or convene the General Assembly by proclamation,