« PrejšnjaNaprej »
and shall state to both Houses when assembled the purposes for which they were convened.
SEC. 8. In case of disagreement between the two Houses, in respect to the time of adjournment, he shall have power to adjourn the General Assembly to such time as he may think proper, but not beyond the regular meetings thereof.
SEC. 9. He shall be commander-in-chief of the military in the State, except when they shall be called into the service of the United States. SEC. 10. The pardoning power shall be vested in the Governor, under such regulations and restrictions as may be prescribed by law.
SEC. 11. There shall be a seal of the State, the device of which shall be fixed upon by the Governor and other State officers, be kept by the Governor and used by him officially, and shall be called "The Great Seal of the State of Kansas."
SEC. 12. All grants and commissions shall be used in the name and by the authority of the State of Kansas, sealed with the great seal, signed by the Governor, and countersigned by the Secretary of State.
SEC. 13. No member of either House of Congress, or other persons holding office under the authority of this State, or of the United States, shall execute the office of Governor except as herein provided.
SEC. 14. In the case of death, impeachment, resignation, removal, or other disability of the Governor, the Lieutenant-Governor shall exercise the duties of the office of Governor, until another Governor shall be duly qualified; but in such case another Governor shall be chosen at the next annual election for members of the General Assembly, unless such death, resignation, impeachment, removal, or other disability shall occur within three calendar months immediately preceding such next annual election, in which case a Governor shall be chosen at the second succeeding annual election for members of the General Assembly, and in case of the death, impeachment, resignation, removal, or other disability of the Lieutenant-Governor, the President of the Senate pro tem. shall exercise the office of Governor until a Governor shall be duly qualified as aforesaid.
SEC. 15. The Lieut.-Governor shall be President of the Senate, but shall vote only when the Senate is equally divided, and shall be entitled to the same pay as the Speaker of the House of Representatives, and in case of his death, impeachment, resignation, removal from office, or when he shall exercise the office of Governor, the Senate shall choose a President pro tem.
SEC. 16. Should the office of Secretary of State, Treasurer, Auditor, or Attorney-General become vacant, for any of the causes specified in the fourteenth and fifteenth sections, the Governor shall fill the vacancy or vacancies until the disability is removed or a successor is elected and qualified. Every such vacancy shall be filled by election, at the first general election that occurs more than thirty days after such vacancy shall have occurred, and the person chosen shall hold the office for the full term fixed in the second section of this article.
SEC. 17. The officers mentioned in this article shall, at stated times, receive for their services compensation to be fixed by law, which shall neither be increased nor diminished during the period for which they shall have been elected.
SEC. 18. The officers of the Executive Department, and of the public State Institutions shall, at least ten days preceding each regular session of the General Assembly, severally report to the Governor, who shall transmit the same to the General Assembly.
SEC. 19. Every bill which shall have passed
| both Houses shall be presented to the Governor. If he approve he shall sign the same; but if be shall not approve, he shall return it with his objections to the House in which it shall have originated, who shall enter the objections at large upon the journal, and proceed to reconsider the same. If after such reconsideration two-thirds of that House shall agree to pass the bill, it shall be sent, with the objections, to the other House, by which, likewise, it shall be reconsidered, and if approved by two-thirds of that House, it shall be a law. But in such case the votes of both Houses shall be determined by Yeas and Nays, and the names of the persons voting for or against the bill shall be entered upon the journals of the House respectively. If any bill shall not be returned by the Governor within five days (Sunday excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevented its return, in which case it shall also be a law, unless sent back within two days after the next meeting.
SEC. 20. Contested elections for Governor, Lieutenant Governor, Judges of the Supreme Court, and all other State officers, shall be determined by the General Assembly in such manner as may be prescribed by law.
SEC. 21. The General Assembly shall have power to provide by law for the election of a Surveyor-General, State Geologist, and Superintendent of Common Schools, whose duties shall be prescribed by law.
SECTION 1. The Judicial power of the State shall be vested in a Supreme Court, Courts of Common Pleas, Justices of the Peace, and in such other Courts inferior to the Supreme Court as the General Assembly may establish.
SEC. 2. The Supreme Court shall consist of three Judges, a majority of whom shall form a quorum. It shall have such original and appellate jurisdiction as may be provided by law. It shall hold at least one term each year at the seat of Government, and such other Terms as may be provided by law. The Judges of the Supreme Court shall be elected by the electors of the State at large.
SEC. 3. The State shall be divided by the first General Assembly under this Constitution into three Common Pleas Districts of compact Territory, bounded by county lines, and as nearly equal in population as practicable; and a Judge for each District shall be chosen by the electors thereof, and their term of office shall be for three years.
SEC. 4. The Courts of Common Pleas shall consist of one Judge each, who shall reside within the district for which he is chosen during his continuance in office.
SEC. 5. The jurisdiction of the Court of Common Pleas and of the Judges thereof shall be fixed by law.
SEC. 6. A competent number of Justices of the Peace shall be elected by the electors in each township of several counties. The term of office shall be three years, and their powers and duties shall be fixed by law.
SEC. 7. All Judges, other than those provided for in the Constitution, shall be elected by the electors of the judicial district for which they may be created, but not for a longer term of office than three years.
SEC. 8. The Judges of the Supreme Court shall, immediately after the first election under this Constitution, be classified by lot, so that one shall hold for the term of one year, one for the term of three years; and all subsequent elections the term of each of said Judges shall be for three years.
SEC. 9. In case the office of any Judge shall become vacant before the expiration of the term for which he was elected, the vacancy shall be filled by appointment by the Governor, until a successor shall be elected and qualified; and such successor shall be elected for the residue of the unexpired term, at the first annual election that occurs more than thirty days after such vacancy shall have happened.
SEC. 10. The Judges of the Supreme Court and of the Court of Common Pleas shall, at stated times, receive such compensation as may be provided by law, which shall not be increased or diminished during their term of office; but they shall receive no fees or perquisites, nor hold any other office of profit and trust under the State, other than a judicial office.
SEC. 11. The General Assembly may increase or diminish the number of the Judges of the Supreme Court, the number of the districts of the Courts of Common Pleas, the number of Judges in any district, or establish other courts, whenever two-thirds of the members elected to each House shall concur therein; but no such change, addition, or diminution shall vacate the office of any Judge.
SEC. 12. There shall be elected in each county, by the electors thereof, one Clerk of the Court of Common Pleas, who shall hold his office for the term of three years, and until his successor shall be elected and qualified.
SEC. 13. The General Assembly shall provide by law for the speedy publication of the decisions of the Supreme Court made under this Constitution.
SEC. 14. The Supreme Court shall, upon the decision of every case, give an opinion in writing of each question arising in the record in such case and the decision of the Court thereon.
SEC. 15. There shall be elected by the voters of the State a Clerk and a Reporter for the Supreme Court, who shall hold their offices for three years, and whose duties shall be prescribed by law.
SEC. 16. Judges may be removed from office by concurrent resolution of both Houses of the General Assembly, if two-thirds of the members elected to each House concur therein; but no such removal shall be made except upon complaint, the substance of which shall be entered upon the journal, nor until the party thereof charged shall have had notice thereof, and an opportunity to be heard.
SEC. 17. The several Judges of the Supreme Court, of the Court of Common Pleas, and of such other courts as may be created by law, shall respectively have and exercise such power and jurisdiction, at chambers or otherwise, as may be provided by law.
SEC. 18. The style of all process shall be "The State of Kansas." All prosecutions shall be carried on in the name and by the authority of the State of Kansas, and all indictments shall conclude "Against the peace and dignity of the
State of Kansas."
any exclusive right to, or control of, any part of the school funds of this State.
SEC. 3. The General Assembly may take measures for the establishment of a University, with such branches as the public convenience may hereafter demand, for the promotion of literature, the arts, sciences, medical and agricultural instruction.
SEC. 4. Provision may be made by the law for the support of normal schools, with suitable libraries and scientific apparatus."
ARTICLE VIII-PUBLIC INSTITUTIONS. SECTION 1. It shall be the duty of the General Assembly, at as early a date as possible, to provide State Asylums for the benefit, treatment and instruction of the blind, deaf and dumb, and insane.
SEC. 2. The General Assembly shall make provision for the establishment of an Asylum for idiots, to be regulated by law.
SEC. 3. The respective counties of the State shall provide in some suitable manner for those inhabitants who, by reason of age, infirmity or other misfortune, may have claims upon the sympathy and aid of society; under provisions to be made by the laws of the General Assembly.
SEC. 4. The General Assembly shall make provision for the establishment of houses of refuge for the correction, reform, and instruction of juvenile offenders.
SEC. 5. It shall be the duty of the General Assembly to make provisions as soon as possible for a State General Hospital.
ARTICLE IX.-PUBLIC DEBT AND PUBLIC
SECTION 1. No money shall be paid out of the treasury except in pursuance of an appropriation by law.
SEC. 2. The credit of the State shall never be given or loaned in aid of any individual association or corporation.
SEC. 3. For the purpose of defraying extraordinary expenditures, the State may contract public debts, but such debts shall never in the aggregate exceed one hundred thousand dollars, unless authorized by a direct vote of the people at a general election. Every such debt shall be authorized by law, and every such law shall provide for the payment of the annual interest of such debt, and the principal within ten years from the passage of such law, and such approand interest shall have been wholly paid. priation shall not be repealed until the principal
SEC. 4. The Legislature may also borrow money to repel invasion, suppress insurrection, or defend the State in time of war; but the money thus raised shall be applied exclusively to the object for which the loan was authorized, or repayment of the debts thereby created.
SEC. 5. No scrip, certificate, or other evidence of State debt whatever, shall be issued, except for such debts as are authorized by the third and fourth sections of this article.
ARTICLE VII.-EDUCATION. SECTION 1. The principal of all funds arising from the sale or other disposition of lands or other property granted or intrusted to this State for educational and religious purposes, shall for- SECTION 1. The militia shall consist of all ableever be preserved inviolate and undiminished, bodied white male persons between the ages of and the income arising therefrom shall be faith-eighteen and forty years: except such as may fully applied to the specific objects of the origi- be exempt by the laws of the United States or nal grants or appropriations. of this State, and shall be organized, officered, armed, equipped, and trained in such manner as may be provided by law.
SEC. 2. The General Assembly shall make such provision, by taxation or otherwise, as, with the income arising from the school-trust fund, will secure a thorough and efficient system of common schools throughout the State; but no religious or other sect or sects shall ever have
SEC. 2. The Governor shall appoint the Adjutant, Quartermaster and Commissary Generals.
SEC. 3. All militia officers shall be commis
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
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
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 XII.-COUNTY AND TOWNSHIP OFFI
SECTION 1. The General Assembly shall vide by law for the election of county, city, town and township officers.
ARTICLE XIV.-JURISPRUDENCE. SECTION 1. The General Assembly, at its first whose duty it shall be to revise, reform, simplify session, shall constitute three Commissioners, 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 administered 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.
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
to the Constitution shall be made by the General SECTION 1. All propositions for amendments Assembly.
SEC. 2. A concurrence of two-thirds of the
members elected to each House shall be necessary, after which such proposed amendments and Nays, and the Secretary of State shall cause shall be entered upon the journals with the Yeas the same to be published in at least one newspaper in each County in the State where a newspaper is published, for at least six months preceding the next election for Senators and Reppro-resentatives, when such proposed amendments 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 become a part of the Constitution.
SEC. 2. All officers whose election or appointment 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.
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 upon each amendment separately.
SEC. 4. No convention for the formation of 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.
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.
SEC. 4. All bills or notes issued as money shall be at all times redeemable in gold or silver; and Fourth: At the same time and place, the qualino law shall be passed sanctioning, directly or fied voters shall, under the same regulations and indirectly, the suspension by any bank or bank-restrictions, elect a Member of Congress to reping company of specie payments. resent 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.
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
SEC. 8. The State shall not be a stockholder in any bank or banking institution.
SEC. 9. All banks shall be required to keep offices and proper officers for the issue and redemption of their paper at some accessible and convenient point within the State.
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
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 appear, take the oath of office, and enter upon the discharge of the duties of their respective offices under this Constitution, and shall continue in office 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.
[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 Committce, 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
time and place the qualified voters may cast their votes.
SEC. 8. Until otherwise provided by law, the Chairman of the Executive Commitee of Kansas Territory shall announce by proclamation the result of the elections and the names of persons
elected to office.
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 Assembly 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 certifi cates 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 qualification 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.
O. C. BROWN,
J. G. THOMPSON.
J. H. LANE, President.
SAM. C. SMITH, 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 decidedly 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 counter-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
"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