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Committee on Territories, its Chairman, Mr. Grow of Penna., from a majority of said Committee, reported in favor of the admission of Kansas under such Constitution, as a Free State; and after debate the Previous Question thereon was ordered (June 28th) by a vote of 98 Ayes to 63 Noes. Previous to this, however, Mr. Stephens of Georgia had proposed, as an amendment or substitute, a radically different bill, contemplating the appointment by the President and Senate of five Commissioners, who should repair to Kansas, take a census of the inhabitants and legal voters, and thereupon proceed to apportion, during the month of September, 1856, the delegates (52) to form a constitutional convention, to be elected by the legal voters aforesaid; said delegates to be chosen on the day of the Presidential election (Tuesday, Nov. 4th, 1856), and to assemble in convention on the first Monday in December, 1856, to form a State Constitution. The bill proposed, also, penalties for illegal voting
at said election.
To this substitute-bill, Mr. Dunn of Indiana proposed the following amendment, to come in at the end as an additional section: SEC. 18. And be it further enacted, That so much of the fourteenth section and of the thirtysecond section of the act passed at the first session of the Thirty-Third Congress, commonly called the Kansas and Nebraska act, as reads as follows: "Except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March 6, 1820, which, being inconsistent with the principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of 1850, commonly called the compromise measures, is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any State or Territory, or 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: Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of 6th March, 1820, either protecting, establishing, prohibiting, or abolishing slavery, be, and the same is thereby, repealed, provided that any person or persons lawfully held to service within either of the Territories named in said act shall be discharged from such service, if they shall not be removed and kept out of said Territories within twelve months from the pas
sage of this act.
Mr. Dunn's amendment to the Stephens amendment or substitute, was carried: Yeas 109; Nays 102-as follows:
ston, Kelsey, King, Knapp, Knight, Knowlton,
Mr. Stephens's substitute, as thus amended by its adversaries, was abandoned by its original friends, and received but two votes those of Messrs. Geo. G. Dunn of Indiana and John Scott Harrison of Ohio-Nays 210.
Mr. Dunn had previously moved a reference of the bill to the Committee of the Whole on the state of the Union. This was now defeated: Yeas 101; Nays 109.
Mr. Jones of Tenn. now moved that the
bill do lie on the table, which was defeated: Yeas 106; Nays 107 (Barclay of Penn., Dunn of Ind., Haven and Williams of N. Y.
- Yeas; Bayard Clarke of New-York, Hickman and Millward of Pa., Moore of Ohio, and Scott of Ind.-Nays; Scott Harrison of Ohio not voting, Wells of Wisc. absent). The House now refused to adjourn by 106 to 102; and, after a long struggle, the final question was reached, and the bill rejected: Yeas, 106; Nays 107-as follows:
YEAS-Messrs. Albright, Allison, Ball, Barbour, Henry Bennett, Benson, Billinghurst, 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, ClawBingham, 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 MilHorton, Valentine B. Horton, Howard, Hugh- | ler, Millward, Moore, Morgan, Morrill, Murray,
Nichols, Andrew Oliver, Parker, Pearce, Pelton,
NAYS-Messrs. Aiken, Allen, Barclay, Barks-
So the bill was lost.
Comins, Covode, Cragin, Cumback, Damrell,
NAYS-Messrs. Aiken, Allen, Barksdale, Bell, Hendley S. Bennett, Bocock, Bowie, Branch, Brooks, Broom, Burnett, Cadwalader, Caruthers, Caskie, Clingman, Howell Cobb, Williamson R. W: Cobb, Cox, Craige, Crawford, Cullen, Henry Winter Davis, Denver, Dowdell, Dunn, EdMil-mundson, English, Etheridge, Eustis, Evans, D. Fuller, Goode, Greenwood, Augustus Hall, J Faulkner, Florence, Henry M. Fuller, Thos. J Morrison' Harris, Sampson W. Harris, Thomas L. Harris, Harrison, Haven, Houston, Jewett, George W. Jones, J. Glancy Jones, Kelly, Kenander K. Marshall, Humphrey Marshall, Sa nett, Kidwell, Lake, Lindley, Lumpkin, Alex muel S. Marshall, McMullin, McQueen, Smith Miller, Milson, Mordecai Oliver, Orr, Packer, Peck, Phelps, Porter, Powell, Puryear, Ready, Ricaud, Rivers, Ruffin, Rust, Sandidge, Savage, Seward, Shorter, Samuel A. Smith, William art, Swope, Taylor, Trippe, Underwood, Valk, Smith, William R. Smith, Sneed, Stephens, StewWalker, Warner, Watkins, Wheeler, Whitney, Williams, Winslow, Daniel B. Wright, John Wright, and Zollicoffer-97.
Mr. Goode of Virginia now sought to move a reconsideration, and to have that motion laid on the table; but was cut off by a motion to adjourn already pending, which prevailed.
July 1st.-Mr. Barclay (Dem.) of Pa. rose to a privileged motion. He moved a reconsideration of the preceding vote, by which the Free-Kansas bill had been rejected. A stormy debate ensued, in the midst of which Mr. Howard of Mich. rose to a question of higher privilege (as affecting the right of a member [delegate] to his seat) and submitted the Report of the Kansas Investigating Committee (already given). The Speaker sustained the motion, and the House sustained the Speaker. The Report was thereupon presented and read, consuming a full day.
July 3rd.-The question of reconsidering the vote defeating the Free-Kansas bill was again reached. Mr. Houston of Ala. moved that it do lie on the table: Defeated: Yeas 97; Nays 102. The main question was then ordered: Yeas 101; Nays 98; and the reconsideration carried: Yeas 101; Nays 99. The previous question on the passage of the bill was now ordered: Yeas 99; Nays 96; a motion by Mr. McQueen of S.C. to lay the bill on the table was defeated: Yeas 97; Nays 100; and then the bill was finally passed: Yeas 99; Nays 97, as follows:
YEAS-Messrs. Albright, Allison, Ball, Barbour, Barclay, Henry Bennett, Benson, Billinghurst, Bingham, Bliss, Bradshaw, Brenton, Buffinton, James H. Campbell, Lewis D. Campbell, Bayard Clarke, Ezra Clark, Clawson, Colfax,
Mr. Grow of Pa. moved the reconsideration of this vote, and that the motion to reconsider do lie on the table, which was permitted, without further division.
The following is the Free-Kansas or Topeka Constitution aforesaid :
OF THE STATE OF KANSAS.
WE, the People of the Territory of Kansas, by our delegates in Convention assembled at Topeka, on the 23d day of October, A. D. 1855, and eightieth year, having the right of admission into of the Independence of the United States the the Union as one of the United States of America, consistent with the Federal Constitution and by virtue of the treaty of cession by France to the United States of the Province of Louisiana, in the enjoyment of all the rights of life, liberty and order to secure to ourselves and our posterity property, and the free pursuit of happiness, do mutually agree with each other to form ourselves into a free and independent State, by the name and style of the STATE OF KANSAS, bounded as follows, to wit: Beginning at a point on the western boundary of the State of Missouri where the thirty-seventh parallel of north latitude crosses the same; thence west on said parallel to the eastern bonndary of New-Mexico; thence north on said boundary to latitude thirty-eight; thence following said boundary westward to the eastern boundary of the Territory of Utah on the summit of the Rocky Mountains; thence northward on said summit to the fortieth parallel
of said latitude; thence east on said parallel to the western boundary of the State of Missouri; thence south with the western boundary of said State to the place of beginning; and do ordain and establish the following CONSTITUTION and BILL OF RIGHTS for the government thereof:
ARTICLE I.-BILL OF RIGHTS.
SECTION 1. All men are by nature free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety.
SEC. 2. All political power is inherent in the PEOPLE. Government is instituted for their equal protection and benefit; and they have the right to alter, reform or abolish the same when ever they may deem it necessary; and no special privileges or immunities shall ever be granted that may not be altered, revoked, or repealed by the General Assembly.
SEC. 3. The people have the right to assemble together, in a peaceable manner, to consult, for their common good, to instruct their Representatives, and to petition the General Assembly for the redress of grievances.
SEC. 4. The people have the right to bear arms for their defense and security, but standing arty, and shall not be kept up; and the military mies in time of peace are dangerous to liber shall be kept in strict subordination to the civil power.
SEC. 5. The right of trial by jury shall be in
SEC. 6. There shall be no Slavery in this State, nor involuntary servitude, unless for the punishment of crime.
in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed; nor shall any person be compelled in any criminal case to be a witness against himself, or be twice put in jeopardy for the same offense.
SEC. 11. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.
the State for any offense committed within the SEC. 12. No person shall be transported out of same; and no conviction shall work corruption of blood or forfeiture of estate.
SEC. 13. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in a manner prescribed by law.
their persons, houses, papers, and possessions, SEC. 14. The right of the people to be secure in against unreasonable searches and seizures, shall
not be violated: and no warrant shall issue but
be searched, and the persons and things to be upon probable cause, supported by oath or af firmation, particularly describing the place to seized.
debt in any civil action, or mesne or final proSEC. 15. No person shall be imprisoned for cess, unless in case of fraud.
SEC. 16. All courts shall be open; and every person for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and justice administered without denial or delay.
privileges, shall ever be granted or conferred by SEC. 17. No hereditary emoluments, honors, or
SEC. 18. No power of suspending laws shall ever be exercised, except by the General Assembly.
SEC. 19. The payment of a tax shall not be a qualification for exercising the right of suffrage.
SEC. 7. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No person shall be compelled to attend, erect or support any place of worship, or maintain any form of worship against his consent; and no preference shall be given by law to any religious society; nor shall any interference with the rights of ccnscience be permitted. No religious test shall be required as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and SEC. 20. Private property shall ever be held affirmations. Religion, morality, and knowledge, inviolate, but subservient to the public welfare. however, being essential to good government, it When taken in time of war, or other public exishall 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 compenschools and the means of instruction. be taken for public use, a compensation therein all other cases, where private property shall for shall first be made in money, first secured by a deposit of money, and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner.
SEC. 8. The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety require it. SEC. 9. All persons shall be bailable by sufficient sureties, unless for capital offenses where the proof is evident, or the presumption great. Excessive bail shall not be required, nor exces-to, made and executed out of the bounds of the SEC. 21. No indenture of any negro, or mulatsive fines imposed, nor cruel and unusual pun- State, shall be valid within the State.
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 war by the people; and all powers not herein deleor 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 infamous crime, unless on presentment or indictment of a Grand Jury. In any trial, in any court, the party accused shall be allowed to appear and defend in person, and with counsel, to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process to procure the attendance of witnesses
ARTICLE II.-ELECTIVE FRANCHISE. SECTION 1. In all elections by the people, the vote shall be by ballot, and in all elections in the General Assembly, the vote shall be viva voce.
SEC. 2. Every white male person, and every civilized male Indian who has adopted the habits of the white man, of the age of twenty-one years and upward, who shall be at the time of
offering to vote a citizen of the United States; | who shall have resided, and had his habitation, domicile, home, and place of permanent abode in the State of Kansas for six months next preceding the election at which he offers his vote; who, at such time, and for thirty days immediately preceding said time, shall have had his actual habitation, domicile, home, and place of abode in the county in which he offers to vote; and who shall have resided in the precinct or electiondistrict for at least ten days immediately preceding the election, shall be deemed a qualified elector at all elections under this Constitution, except at elections by general ticket in the State or district prescribed by law, in which case the elector must have the aforesaid qualifications, but a residence in said district for ten days will entitle him to vote: Provided, That no soldier, seaman, or marine of the regular army of the United States shall be considered a resident of the State in consequence of being stationed with
in the same.
SEC. 3. The General Assembly shall, at its first session, provide for the registration of all qualified electors in each county, and thereafter, from time to time, of all who may become qualified electors.
SEC. 4. The Legislature shall have power to exclude from every office of honor, trust or profit within the State, and from the right of suffrage, all persons convicted of any infamous crime.
SEC. 5. No person shall be deemed capable of holding or being elected to any post of honor, profit, trust, or emolument, civil or military, or exercise the right of suffrage under the government of this State, who shall hereafter fight a duel, send or accept a challenge to fight a duel, or who shall be a second to either party, or who shall in any manner aid or assist in such duel, or who shall be knowingly the bearer of such challenge or acceptance, whether the same occur or be committed in or out of the State.
SEC. 5. No person who may hereafter be collector or holder of public moneys shall be eligible to any office of trust or profit in the State until he shall have accounted for and paid into the proper public treasury all sums for which he may be accountable.
SEC. 7. No State officer or member of the General Assembly of this State shall receive a fee, be engaged as counsel, agent, or attorney, in any case or claim against the State.
SEC. 8. No Senator or Representative shall, during the term of office for which he shall have been elected, be appointed to any civil office of profit in this State which shall have been created, or the emoluments of which shall have been increased during such term, except such offices as may be filled by election by the people.
SEC. 9. All officers, civil and military, in this State, before they enter upon the duties of their respective offices, shall take the following oath or affirmation: "I do swear [or affirm] that I will support the Constitution of the United States, and of the State of Kansas; that I am duly qualified according to the Constitution to exercise the office to which I have been elected, [or appointed,] and will, to the best of my abilities, discharge the duties thereof faithfully and impartially, according to law."
SEC. 10. Every person shall be disqualified from holding any office of honor or profit in this State, who shall have been convicted of having given or offered any bribe to procure his election, or who shall have made use of any undue influence from power, tumult, or other improper practices.
SEC. 11. All civil officers of the State shall ⚫ reside within the State, and all District and County officers within their respective Districts
and Counties, and shall have their offices at such places as may be required by law.
SEC. 12. Returns of elections for members of Congress, the General Assembly, and all other officers not otherwise provided for, shall be made to the Secretary of State, in such manner as may be prescribed by law.
SEC. 13. Electors shall in all cases be privileged from arrest during their attendance on elections, and in going to and returning therefrom, except in case of felony, treason, and breach of the peace.
ARTICLE III.-DISTRIBUTION OF POWERS.
SECTION 1. The powers of the Government shall be divided into three separate departments Administrative, and the Judicial; and no per-the Legislative, the Executive, including the these departments shall exercise any of the son charged with official duties under one of functions of another, except as in this Constitution expressly provided.
SECTION 1. The Legislative power of this State shall be vested in the General Assembly, which shall consist of a Senate and House of Representatives.
SEC. 2. The Senators and Representatives shall be chosen annually by the qualified electors of the respective Counties or Districts for which they are chosen, on the first Monday of August, for one year, and their term of office shall commence on the first day of January next thereafter.
SEC. 3. There shall be elected at the first election twenty Senators, and sixty Representatives, and the number afterward shall be regulated by law.
SEC. 4. No person shall be eligible to the office of Senator, or Representative, who shall not possess the qualifications of an elector.
SEC. 5. No person holding office under the authority of the United States, or any lucrative office under the authority of this State, shall be eligible to or hold a seat in the General Assembly; but this provision shall not extend to township officers, justices of the peace, notaries public, postmasters, or officers of the militia.
SEC. 6. Each House, except as otherwise provided in this Constitution, shall choose its own officers, determine its own rule of proceeding, punish its members for disorderly conduct, and with the concurrence of two-thirds expel a member, but not the second time for the same cause; and shall judge of the qualification, election and return of its own members, and shall have all other powers necessary for its safety and the undisturbed transaction of business.
SEC. 7. Each House shall keep a journal of its proceedings and publish the same. The Yeas and Nays on any question shall, at the request of two members, be entered on the journal.
SEC. 8. Any member of either House shall have the right to protest against any act or resolution thereof; and such protest and reason therefor shall, without alteration, commitment or delay, be entered on the journal.
SEC. 9. All vacancies which may occur in either House shall, for the unexpired term, be filled by election as shall be prescribed by law.
SEC. 10. Senators and Representatives shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; and for words spoken in debate they shall not be questioned in any other place.
SEC. 11. A majority of all the members elected
to each House shall be necessary to pass every bill or joint resolution, and all bills and joint resolutions so passed shall be signed by the presiding officers of the respective Houses, and presented to the Governor for his approval.
SEC. 12. The doors of each House, and of Committees of the Whole, shall be kept open. Neither House shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two Houses shall be sitting, except for personal safety.
SEC. 13. Every bill shall be read by sections on three several days in each House unless in case of emergency. Two-thirds of the House where such bill is pending, may, if deemed expedient, suspend the rules on a call of the Yeas and Nays; but the reading of a bill by sections on its final passage shall in no case be dispensed with; and the vote on the passage of every bill or joint resolution shall be taken by Yeas and Nays.
SEC. 14. Every act shall contain but one subject, which shall be clearly expressed in its title. Bills may originate in either House, but may be altered, amended, or rejected by the other. SEC. 15. In all cases when a general law can be made applicable, special laws shall not be enacted.
SEC. 16. No act shall ever be revived or amended by mere reference to its title; but the act revived, or the section amended, shall be set forth and published at full length.
SEC. 17. No act shall take effect until the same shall have been published and circulated in the counties of the State by authority, except in case of emergency, which emergency shall be declared in the preamble, or the body of the law.
SEC. 18. The election and appointment of all officers, and the filling of all vacancies not otherwise provided for by this Constitution, or the Constitution of the United States, shall be made in such manner as shall be prescribed by law; but no appointing power shall be exercised by the General Assembly, except as provided in this Constitution and in the election of the United States Senator, and in these cases the vote shall be taken viva voce.
SEC. 19. The General Assembly shall not have power to enact laws annulling the contract of marriage in any case where by law the courts of this State may have power to decree a di
SEC. 20. The General Assembly shall not have power to pass retro-active laws, or laws impairing the obligation of contracts, but may by general laws authorize Courts to carry into effect, upon such terms as shall be just and equitable, the manifest intention of parties and officers, by curing omissions, defects, and errors in instruments, and proceedings arising out of a want of conformity with the laws of this State.
SEC. 21. The style of the laws of this State shall be: "Be it enacted by the General Assembly of the State of Kansas."
SEC. 22. The House of Representatives shall have the sole power of impeachment. All impeachments shall be tried by the Senate, and when sitting for the purpose, the Senators shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of all the Senators present.
SEC. 23. The Governor and all other civil officers, under the laws of this State, shall be liable to impeachment for any misdemeanor in office, but judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, profit, or trust, under this State. The party, whether convicted or
| acquitted, shall nevertheless be liable to indictment, trial, judgment and punishment, according to law.
SEC. 24. Within one year after the ratification of this Constitution, and within every subsequent two years thereafter, for the term of ten years, an enumeration of all the white inhabitants of this State shall be made in such manner as shall be directed by law.
SEC. 25. All regular sessions of the General Assembly shall be held at the capital of the State, and shall commence on the firs tTuesday of January annually.
SEC. 26. All bills for raising revenue shall originate in the House of Representatives, subject, however, to amendment or rejection as in other cases.
SEC. 27. The members of the General Assembly shall receive for their services the sum of four dollars per day for each and every day they are actually in attendance at any regular or special session, and four dollars for every twenty miles they shall travel in going to and returning from the place of meeting by the most usually traveled route; and no session of the General Assembly, except the first under this Constitution, shall extend beyond the term of sixty days, nor any special session more than forty days.
SECTION 1. The Executive Department shall consist of a Governor, a Lieutenant-Governor, Secretary of State, Treasurer, Auditor, and Attorney-General, who shall be chosen by the electors of the State at the same time and place of voting for the members of the General Assembly.
SEC. 2. The Governor, Lieutenant-Governor, Secretary of State, Treasurer, Auditor, AttorneyGeneral, and State Printer, shall hold their office for two years. Their terms of office shall commence on the first Tuesday of January next after their election, and continue until their successors are elected and qualified, neither of which officers shall be eligible for re-election more than two out of three consecutive terms; nor shall any person be eligible for the office of Governor who who shall not have attained the age of thirty years.
SEC. 3. The returns of every election for the officers named in the foregoing section, shall be sealed up and transmitted to the seat of government by the returning-officers, directed to the Secretary of State, who shall lay the same before the General Assembly at their first meeting thereafter, when they shall open, publish and declare the result thereof in the presence of a majority of the members of both Houses. The person having the highest number of votes shall be declared duly elected, and a certificate thereof given to such person, signed by the presiding officers of both bodies; but if any two or more shall be highest and equal in votes for the same office, one of them shall be chosen by the joint vote of both Houses.
SEC. 4. The supreme executive power shall be vested in a Governor.
SEC. 5. He may require information in writing from the officers in the Executive Department upon any subject relating to the duties of their respective offices, and shall see that the laws are faithfully executed.
SEC. 6. He shall communicate at every session, by message, to the General Assembly, the condi tion of the affairs of the State, and recommend such measures as he shall deem expedient for their action.
SEC. 7. He may on extraordinary occasions convene the General Assembly by proclamation,