Newspaper Page Text
r l t.n i a 1 IViiO til I OP iL -ilVJ U A II illL v - '""""Th 1 --rr'-i rr1"'- - Terms: Two Dollars Per AnnumIn Advance. " TRUTH CRUSHED TO IAETH SHALL RISE AGAIN." A Family Newspaper Independent on AH Subjects BY G. W. BROWN & CO. LAWRENCE, KANSAS, AUGUST 13. 1859. . NUMBER 4-VOLUMR 5. Constitution of the State of Kansas ; Adopted at Wrandou, JbJt 29, 1859. ORPINANCE. Whereas, the Government of (he United S'atea is the proprietor of a largo portion of the Linda included in the limits of tht Su'e of Kansas as de6ned by this Con ititunon ; and whereas the State of Kan sas will possess the right to tax said land for purpose of government, and for othe purposes ; Now, therefore, be it ordained by the people of Kansas, that the right o' the State of Kansas to tax such lands, i relinquished forever, and the State ol Kansas will not interfere with the title ol the United States to such lands, nor with any regulation of Congress in relation thereto, nor tax non-residents higher than residents : Provided, always, that the fol lowing conditions be agreed to by Con gress : Section 1. Sections numbered sixteen and thirty-six in each township in the Slate, including Indian reservations and Trust lands, shall be granted to the S:ate for the exclusive use of Common Schools; and when either of said sections, or an fart thereof, has been disposed of, otbei ands of equal value, as nearly contigu ous thereto as possible, shall be substi tuted therefor. Sec. 2. That seventy-two sections of land shall be granted to the State for the erection and maintenance of a State Uni versity. Sec. 3. That thirty-six sections shall be granted to the State for the erection ol pulilio buildings. Sec. 4. That seventy-two sections shall be granted to the State for the erection and maintenance of charitable and benev olent institutions. Sec. 5. That all salt springs, not ex ceeding twelve in number, with six sec tions of land adjacent to each, together with all mines, with the lands necessary for their full use, shall be granted to the State for works of public improvement. Seo. 6. That five per centum of the proceeds of the public lands in Kansas, disposed of after the admission of the State into the Union, shall be paid to the Siato for a fund, the income of which shall be nsed for the support of Common Schools. Sec 7. That the five'hundred thou sand acrei of land to which the State is entitled under the Art of Congress enti tled "An Act to appropriate the proceeds of the sales of public lauds and grant pre emption rights," approved September 4th, 1841, shall be granted to the State for the support of Common Schools. Sec. 3. That the lands hereinbefore meutioned shall be selected in such man ner as may be prescribed by law ; such selections to be subject to the approval of the Commissioner of the General Land Office of the United States. PREAMBLE. We, the people of Kansas, grateful to Almighty God for our civil and religious privileges, in order to insure the full en joyment of our rights as American citi zens, do orduin and establish this Consti tution of the S'ate of Kansas, with the following boundaries, to wit : Beginning st a point on the western boundarv of the State of Missouri, where the thirty-sev- eniu parallel ot north latitude crosses the same ; thence running west on said paral lel to the twenty-fifth meridian of longi tude west from Washington; thence north on said meridian to the fortieth par allel of north latitude ; thence east on saiu parallel to the western boundary of tne &tte of JUissousi : thence south with the Western boundary of said State to tue place of beginning. BILL OF BIGHTS. Section 1. All men are possessed of equal and inalienable natural rights, among which are life, liberty, and the pursuit ol happiness. Sec. 2. All political power is inherent in the people, and all free governments are founded on their authority, and are instituted Tor their equal protection and bent fit. No special privileges or immu nities shall ever be granted bv the Lestis lature, which may not be altered, revoked or repealed by the same body ; and this power shall be exercised by no other tn bunal or agency. Sec. 3. The people have the right to assemble, in a peaceable manner, to con suit for their common good, to instruct their representatives, and to petition the government, or any department thereof, for the redress of grievances. Sec. 4. The people have the right to bear arms for their defense and security : but standing armies, in time of peace, are dangerous to liberty, and shall not be tol erated, and the military shall be in strict suoormnation to the civil power. Sec. 5. The right of trial by jury shall be inviolate. Sec. 6. There shall be no slavery in this State ; and no involuntary servitude, except tor the punishment of crime. whireof the party shall have been duly ranvicied. Sec. 7. The risrht to worshio God ae- cording to the dictates of conscience, shall never be infringed ; nor shall any person be compelled to attend or support any form of worship ; nor shall acy control or interturence with the rights of con science be permitted, nor any preference m given ty law to any religious estab- moment or mode of worship. No re ligious test or property qualification shall be required for auv office of public trust. nor fur any vote at any election nor shall uy person be locompi-tent to testily on ""'iwi ot religious belief. sec. 8. The right to the writ of habeas rptu gnaii not be suspended, unless the public safety requires it in esse of inva sion or rebellion. Sec. 0. All persons shall be bailable by uiuueni sureties except for capital ot- fences, where proof is evident or the pre sumption great. Excessive bail shall not 08 'squired, nor excessive fines imposed, nor cruel or unusual puuishment inflict- vu, sec. 10. Ia all prosecutions, the ac cused shall be allowed to appear and de lend m person, or by counsel ; to demand the nature and cause of the accusation gainst him ; to meet the witness face to to face, and to have compulsory process compel tne attendance of witnesses tn his behalf, and a speedy public trial by impartial tury of the county or dis tnct in which the offense is alleged to have been committed. No person shall " s witness sgainst himself, or be twice put in leonardv for the same offense. Bee. 11. The liberty of the press shall be inviolate : and all persons- mav freelv peak, write or publish their sentiment. n all subjects, beine responsible for ths ibuse of such rizht: and in all civil oi criminal aetions for libel, the truth mav oe given in evidence to the jury, and il i snai: appear that the alleged libelou matter was published for justifiable ends, the accused party shall be acquitted. sec i. ro person shall be transnorted from the State for any offense committed within the same, and no conviction in the State shall work a corruption of blood or loneiture oi estate. Sec. 13. Treason shall consist only in levying war against the State, adhering to its enemies, or giving them aid and comfort. No person shall be convicted f treason unless on the evidence of two witnesses to the overt act, or confession in open court. Sec. 14. No soldier shall, in time of peace, be quartered in any house without he consent of the occupant, nor in time I war, except as prescribed by law. Sec. la. 1 he right of the people to be secure in their persons and property gainst unreasonable searches and seiz ures, shall be inviolate ; and no warrant ball issue but on probable cause, sup ported by oath or affirmation, particularly escribing the place to be searched and the persons or property to be seized. aec. 10. JSo person shall be imprisoned fjr debt except in cases of fraud. bee. 17. No distinction shall ever be made between citizens and aliens in ref erence to the purchase, enjoyment or de scent of property. bee. 18. All persons, forinmries suffer ed in person, reputation or property, shall ave remedy by due course of law, and justice administered without delay. bee. l'J. Ao hereditary emoluments. honors, or privileges shall ever be grant ed or conferred by the State. bee. ZO. I his enumeration of rights shall not be construed to impair or deny others retained by the people ; and all powers not herein delegated remain with the people. ARTICLE I.- EXECUTIVE. Section 1. The Executive Department hall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, and Super- ntendent of rublic Instruction ; who shall be chosen by the electors of the State at the time and place of voting for mem bers cf the Legislature, and shall hold their offices for the term of two years from the second Monday of January, next after their election, and until their suc cessors are elected and qualified. beo. z. until otherwise provided bv law, an abstract of the returns' of every lection, for the otticers named in the foregoing section, shall be sealed op and transmitted by the Clerks of the Boards f Canvassers of the several counties, to the Secretary of State, who, with the Lieutenant Governor and Attorney Gen eral, shall constitute a board of State Canvassers, whose duty it shall be to meet at the State Capital on the sec ond Tuesday of December succeeding each election for State officers, and can vass the vote for such officers and pro claim the result ; but in case any two or more have an equal and the highest num ber of votes, the Legislature shall by joint ballot choose one of said persons so bav ing an equal and the highest number of votes for said office. Sec. 3. The supreme executive power of the State shall be vested in a Governor, who shall see that the laws are faithfully executed. Sec 4. He may require information in writing from the officers of the executive department, upon any subject relating to their respective duties. Sec 5. tie may, on extraordinary oc casions, convene the Legislature by pro clamation, and shall, at the commence ment of every session, communicate in writing such information as he may pos sess in reference to the condition ol the State, and recommend such measures as he may deem expedient. Sec. 6. In case of disagreement between the two houses in respect to the time of adjournment, be may adjoun the Legis lature to such time as be may think prop er, not bevond its regular meeting. Sec. 7. The pardoning power shall be vested in the Governor, under regulations and restrictions prescribed by law. Sec. 8. There shall be a seal or the State, which shall be kept by the Gov ernor, and used by him officially ; and which shall be the great seal of Kansas. Sec. 9. All commissions shall be issued in the name of the State of Kansas, sign ed by the Governor, countersigned by the Secretary of State, and sealed with the great seal. sec. 10. Mo member or uongress, or officer of the State or of the United States, shatl hold the office of Governor, except as herein provided. Sac. 11. la case of the death, impeach ment, resignation, removal or other disa bility of the Governor, the power and du ties of the office for the residue of the term, or until the disability shall be re moved, shall devolve upon the President of the Senate. Sec. 12. The Lieutenant Governor shall be President of the Senate, and shall rote only when the Senate is equal ly divided. The senate shall choose a President pro tempore, to preside in ease of his absence or impeachment, or when he shall hold the office of (xoveraor. Sec. 13. If the Lieutenant Governor, while holding the office of Governor, shall be impeached or displaced, or shall resizn or die, or otherwise become incapa ble of performing tne duties ol tne omce, the President of the Senate shall act as Governor until the vacancy is filled, or the disability removed ; and if the r res ident of the Senate, for any of the above causes, shall be rendered incapable of per forming the duties pertaining to the office of Governor, the same shall devolve upon the Speaker of the House of Representa tives, Sec. 14. Should either the Secretary of State, Auditor, Treasarer, Attorney General, or superintendent of Public in straction. become incapable of perform ing the duties of his office for any of the causes specified in the thirteenth section of this Article, the Governor shall fill the vacancy until the disability is removed, or a successor is elected and qualified. Everv such vacancy shall be tilled by election, at the first general election, that occurs more thin thirty days after it shall have happened ! and the person chosen shall hold the office for the unexpired term. - Sac, 15. The officers mentioned in this article shall, at stated times, receive for : their services compensation to be estab lished by law, which shall neither be in creased nor diminished. during the period for which they shall have been elected. Sec. 16. The officers of tbe executive department, and of all public State insti tutions, shall, at least ten days preceding each regular session of the Legislature, severally report to the Governor, who shall transmit such ruports to the Legis-ture. ABTICLE II. LEGISLATIVE. Section L The Legislative power of this State shall be vested in a House of Rep resentatives and Senate. Sec 2. The first House of Representa tives under this Constitution shall consist of seventy-five members, who shall be chosen for one year. The first Senate shall consist of twenty, five members, who shall be chosen for two years. After the first election, tbe number of Senators and members of the House of Representatives shall be regulated by law ; but shall nev er exceed one hundred Representatives and thirty-three Senators. Sec. 3. The members of the Legisla ture shall receive as compensation for their services the sum of three dollars for each day's actual service at any regular or special session, anil fifteen cents for each mile traveled by the usual route in going to and returning from tbe place of meeting; but such compensation shall not in the aggregate exceed the sum Of two hundred and forty dollars for each member as per diem allowance for the first session held undor this Constitution, nor more than one hundred and fifty dol lars for each session thereafter, nor more than ninety dollars for any special ses sion. Sec 4. No person shall be a member of the Legislature who is not at the time of his election a qualified voter of, and a resident in, the conuty or district for which he is elected. Sec. 5. No member of Congress or offi cer of the United States shall be eligible to a seat in the Legislature. If any per son, after bis election to the Legislature, be elected to Congress or elected or ap pointed to any office under the United States, his acceptance thereof shall vacate his seat. Sec. 6. No person csnvicted of em bezzlement or misuse of the public funds shall have a seat iu tbe Legislature. Sec 7. All State officers, before enter ing upon their respective duties, shall take and subscribe an oath or affirmation to support the Constitution of the United States and the Constitution of this State, and faithfully to discharge the duties oi thei - respective offices. Sac 8. A majority of each House shall constitute a quorum. Each House shall establish its own rules ; and shall be judge of tbe elections, returns and quali fications of its own members. Sec. 9. All vacancies occurring in either House shall be filled for the unexpired terra by election. Sec. 10. Each House shall keep and publish a journal of its proceedings. Tbe yeas and nays shall be taken and entered immediately on the journal, upon the final passage of every bill or ioint resolu- t:on. Neither House, without the consent of the other, shall adjuuro for more than two days, Sundays excepted. Sec. 11. Any member of either House shall have the right to protest against any act or resolution ; and such protest shall, without delay or alteration, be entered on the journal. Sec 12. All bills shall originate in the House of Representatives, and be subject to amendment or rejection by the Senate. bee. id. A maionty o: all the mem bers elected to each House, votiug iu the affirmative, shall be iiecessary to pass any bill or joint resolution. Sec. 14. Every bill and joint resolution passed by the House of Representatives and Senate, shall, within two days there after, be signed by the presiding officers, and presented to the Governor ; if he ap prove, he shall sign it : but if not, he shall return it to the House of Represen tatives, which shall enter the objections at large upon its journal and proceed to reconsider the same. If, after such re consideration, two-tbirJs of the members elected shall agree to pass the bill or res olution, it shall be s-.-nt, with the objec tions, to the Senate, by which it shall likewise be reconsidered ; and if approved by two-thirds of all the members elected, it shall become a law. But in all such cases, the vote shall be taken by yeas and nays, and entered upon the journals of each House. If any bill shall not be re turned within three days, (Sundays ex cepted,) after it shall have been present ed to the Governor, it shall become a law in like manner as if ho had signed it, un less tbe Legislature, by its adjournment. prevent its return, in which case it shall not become a law. Sec 15. Every bill shall be read on three separate days in each House, un less in case of emergency. Two-thirds of the House where such bill is pendin may, if deemed expedient, suspend the rules : but the reading of tbe bill by sec tions, on iu final passage, shall in no case be dispensed with. sec Id. bill shall contain more than one subject, which shall be clearly expressed in its title, and no law shall be revived or amended, unless the new act contain tbe entire act revived, or the sec tion or sections amended, and tbe section or sections so amended shall be repealed. Sec 17. All laws of a general nature shall nave a uniform operation through out tbe state: and in all cases where general law can be made applicable, no special law shall be enacted. sec la. All power to grant divorces, is vested in tbe District Courts, subject to regulation by law. sec 19. ine le 'islature shall pre scribe the time when its acts shall be in force, and shall provide for the speedy publication of tbe same ; and no law of general nature shall be in force until the same be published. It shall have the power to provide for the election or an pointment of all officers, and the filling of all vacancies not otherwise provided for in this constitution. - Sec 20. The enacting clanse of all laws shall be "Be it enacted by tbe Leg islature of the Stale of Kansas ;" and no law shall be enacted except by bilL Sec 2L The Legislature may confer upon tribunal transacting the - county business of the several counties, such powers of local legislation and adminis tration as it shall deem expedient Sec. 22. For any speech or debate in miner House, the members shall not questioned elsewhere. No member of the Legislature shall be subject to arrest ex cept for felony or breach of the peace in going to, or returning from, the place of meeting, or daring the continuance of the session ; neither shall he be subject to the service of any civil process during the session, nor for fifteen days previous to its commenceme Sec. 23. The Legislature, in providing for the formation and regulation of schools. hall make no distinction between the ghts of males and females. Sec 24. No money shall be drawn from the treasury, except in pursuance of specibc appropriation made by law; and no appropriation shall be for a longer term than one year. Sec 25. All sessions of the Legislature shall be held at the State Capital, and all regular sessions shall commence annually on the second Tuesday of January. bee 2b. The Legislature shall provide for taking an enumeration of the inhab itants of tbe State at least once in ten years. Ine nrst enumeration shall be taken in A. V. Who. Sec 27. The House of Representatives shall have the sole power to impeach. All impeachments shall be tried by tbe enate ; and when sitting for that pur pose, the Senators shall take an oath to do justice according to the law and the evi dence. No person shall be convicted without the concurrence of two-thirds of tbe Senators elected. Sec. 28. The Governor and all other officers under this Constitution, shall be subject to impeachment for any misde meanor in office ; but judgment in all such cases shall not be extended further han to removal from office and disquali fication to hold any office of profit, honor or trust under this Constitution ; but the party, whether acquitted or convicted, hall be liable to indictment, trial, judg ment and punishment, according to law. ARTICLE III. JUDICIAL. Section 1. The Judicial power of this tate shall be vested in a Bupreme court, district courts, probate courts, justices of the peace, and such other courts, inferior to the supreme court, as may be provided by law ; and all courts of record shall have a seal to be used in the authentica tion of all process. Sec 2. The Supreme Court shall con sist of one chief justice and two associate justices (a majority of whom shall consti tute a quorum,) who shall be elected by the electors ot the b:ate at large, and whose term of office, after the first, shall be six years. At the first election, a chief justice shall be chosen for six years, one associate justice for four years, and one for two years. Sec 3. 1 he supreme court shall have original jurisdiction in proceedings in quo warranto, mandamus, and habeas corpus; and such appellate jurisdiction as may be provided by law. It shall hold one term each year at the seat of government, aud such other terms at such places as may be provided by law, and its jurisdiction shall be co-extensive with the State. Sec 4. There shall be appointed, by the justices of tbe supreme court, a re porter and clerk of said court, who shall hold their offices two years, aud whose duties shall be prescribed by law. Sec. 5. The State shall be divided into five judicial districts, in each of which there shall be elected, by tbe electors thereof, a district judge, who shall hold bis office for tbe term of four years. Dis trict courts shall bo held at such times and places as may be provided by law. sec. b. The district courts shall nave such jurisdiction in their respective dis tricts as may be provided by law. Sec 7. Ihere Bhall be elected in each orf anized county, a clerk of the district court, who shall hold his office two years, and whose duties shall be prescribed by law. Sac. 8. There shall be a probate court in each county, which shall be a court of record, and have such probate jurisdiction and care of estates of deceased persons, minors, and persons of unsound minds, as may be prescribed bv law ; and shall have jurisdiction in cases of habeas corpus. This curt Bhall consist ol one judge, who shall be elected by tbe qualified voters of the county, and bold his office two years. He shall be his own clerk, and shall hold court at such times snd receive for com pensation such fees as may be prescribed by law. Sec 9. 1 wo justices of the peace shall be elected in each township, whose term of office shall be two years, and whose powers and duties shall be prescribed by aw. The number of justices of the peace may be increased in any township by law. Sec 10. All appeals from probate courts and justices of the peace shall be to the district court. Sec 11. All the judicial officers pro vided for by this article shall be elected at the nrst election under this Constitu tion, and shall reside in their respective townships, counties or districts dunn their respective terms of omce. la case of vacancy in any judicial office, it shall be filled by appointment of tbe governor until the next regular election that shall occur more than thirty days after such vacancy shall have happened. Sec 12. All judicial omcers shall hold their ! offices until their successors shall have qualified. Sec Id. The justices of the supreme court and judges of the district courts shall, at stated times, receive for their services such compensation as may be provided by law, which shall not be in creased during their respective terms of office ! Provitied, Such compensation shall not be less than fifteen hundred dollars to each justice or judge1, each year, and such justices or judges shall receive no fees or perquisites, nor bold any other 81 fice of profit or trust under the authority of the suite, or tbe United states, dur ing the term of office for which such jus tices 'and judges shall be elected, nor practice law in any of the courts in the State during their continuance in office. Sea 14. Provision may be made by law for the increase of the number of judicial districts whenever two -thirds of tbe mem bers of each house shall concur. Such districts shall be formed of compact terri tory and bounded by county lines, and such increase shall not vacate the office of any judge. Sec. 15v Justices of the supreme court and judges of the district courts may be removed from office by resolution of both houses, if two-thirds of the members of each house concur. But no such removal shall be made except upon complaint, the substance of which shall be enured upon the journal, nor until the party charged shall have had notice and opportunity to be heard. Sec. 16. The several justices aad judges of the courts of record in this State shall have such jurisdiction at chambers as may De provided by law. Sec 17. The stvle of all process shall be "The State of Kansas," and all prose cutions shall be carried on in the name of the State. Sec. 18. Until otherwise provided by law, the first district shall consist of the counties of Wyandott, Leavenworth, Jef ferson and Jackson. The second district shall consist of the counties of Atchison, D miphan, Brown, Nemaha, Marshall and Washington. The third district shall consist of the counties of Pottawattamie, Riley, Clay, Dickinson, Davis, Wabaun see and Shawnee. The fourth district shall consist of the counties of Douglas, ohnsnn, Lykins, Franklin, Anderson, Linn, Bourbon and Allen. The fifth dis trict shall consist of the counties of Osage, 'offey, Woodson, Greenwood. Madison, Breckenridge, Morris, Chase, Butler and Hunter. Stc. 19. Newer unorganized counties hall, by law, be attached for judicial pur poses to the most convenient judicial dis trict. Sec. 20. Provision shall be made by law for the selection, by the bar, of a pro tern, judge of the district court, when the udge is absent or otherwise unable or dis qualified to sit in any case. ARTICLE IV. ELECTIOSS. Section 1. All elections by the people shall be by billot, and alt elections by the Legislature shall be viva voce. Sec. 2. General elections shall be held annually on the Tuesday succeeding the first Monday in November. Township elections shall be held on the first Tuesday in April, until otherwise provided by law. ABTICLE V. SUFFRAGE. Section 1. Every white male person of twenty-one years and upwards belonging to either of the following classes who shall have resided in Kansas six months next preceding any election, and in the township or ward in which he offers to vote, at least thirty days next preceding such election shall be deemed a qualified elector. 1st, Citizens of tbe United States; 2d, persons ol foreign birth who snail nave eclared their intention to become cm zens enntormably to the laws ot tne United States on the subject of naturali zation. Sec 2. No person under guardianship, non compos mentis or insane, shall be qualified to vote; nor any person convicted f treason or felony, unless restored to civil rights. Sec. 3. No soldier, seaman or marine in the army or navy of the United States, or of their alTes, shall be deemed to have acquired a residence in the State in con sequence of being stationed within the same; nor shall anv soldier, seaman or manne have the right to vote. Sec. 4. The Legislature shall pass such laws as may be necessary for ascertaining by proper proofs, the citizens who shall be entitled to the right of suffrage hereby established Sec. 5. Every person who shall give or accept a challenge to hght a duel, or who shall knowingly carry to another person such challenge, or shall go out of the State to fight a duel, shall be ineligible to any office of trust or profit. Sec. 6. Lvery person who shall have given or ottered a bribe to procure nis election, shall be disqualified from holding office during the term for which he may have been elected. Sec. 7. Electors, during their attend ance at elections, and in going to and re turning therefrom, shall be privileged from arrest in all cases except treason, felony, or breach of the peace. ABTICLE VI. EDUCATION Section 1. The State Superintendent of rublic Instruction shall have tbe gene ral supervision of the common school funds and educational interest of the state, and perform such other duties as may be prescribed by law. A Superintendent ot Public Instruction Bhall be elected in each county, whose term of office shall be two years, and whose duties and compensation hall be prescribed by law. . Sec. 2. The Legislature shalV. encour age the promotion of intellectual, moral, scientific and agricultural improvement, by establishing a uniform system of com mon schools, and schools of a higher grade, embracing normal, preparatory, col legiate and university departments. Sec o. I be proceeds of all lands that have been, or mav be, granted by the United States to the State, for the support of schools, and tbe hve hundred thousand acres of land granted to tbe new States, under an act of Congress distributing the proceeds of public lands among the seve ral S'-ates of the Union, approved Sept. 4, A, D. 1841, and all estates of persons dying without heir or will, and such per cent, as may be granted by Congress, on the sale of lands in this Suite, shall be the common property of the State, and shall be a perpetual school fund, which shall not be diminished, but tbe interest of which, together with all the rents of the lands, and such other means as the Legis- leture may provide, by tax or otherwise. shall be inviolably appropriated to the support of common schools. sec 4. The income of the State school funds shall be disbursed annually, by order of the State Superintendent, to the several county, treasurers, and thence to tbe treasurers of tbe several school dis tricts, in equitable proportion to tbe num ber of children and youth resident therein, between tbe ages of five and twenty-one years: Provided, That no school district, in which a common school has not been maintained at least three months in each year, shall be entitled to receive any por tion of each funds. Sec 5. Tbe school lands snail not be sold unless such sale shall be authorized by a vote of tbe people at a general elec tion; but, subject to revaluation every Ore yean, they may be leased for any number of years not exceeding twenty five, at a rate established by law. sec 6. All money which shall be paid by persons as an equivalent for exemp tion from military duty; the clear pro ceeds of estravs, ownership of which shall vest in the taker up; and tbe proceeds of noes for any breach or the penal laws, shall be exclusively applied in the several counties in which the money is paid or fines collected, to the support of common schools. Soc 7. Provision shall be made by law for the establishment, at some eligible and central point, of a State University, for the promotion of literature, and tbe arte and sciences, including a Normal and aa Agricultural department. All funds aris ing from tbe sale or rents of lands grant- ed by the United States to the State for ths support of a State University, and all other grants, donations or bequest, either by the State or by individual, for sncb purpose, shall remain a perpetual fund, to be called the "University Fund," the in terest of which shall be appropriated to the support of the State University. Sec 8. No religious sect or secta shall ever control any part of tbe common school or University funds of the State. Sec 9. Tbe State superintendent of Public Instruction, Secretary of State and Attorney General shall constitute a board of Commissioners, for the management and investment of the School Funds. Any two of said Commissioners shall be a quorum. ABTICLE VII. PUBLIC INSTITUTIONS. Section 1. Institutions for the benefit of the insane, blind, and deaf and dumb, and such other benevolent institutions as the public good may require, shall be fostered and supported by the state, sub ject to such regulations as may be pre scribed by law. Trustees of such benev olent institutions ss may be hereafter created, shall be appointed by the Govern or, by and with the advice and consent of he Senate; and upon all nominations made by tbe Governor, the question shall be taken in yeas and nays, and entered upon tbe journal. Sec I. A remtentiarv shall be es tablished, the directors of which shall be appointed or elected, as prescribed by law. Sec. 3. The Governor shall fill any vacancy that may occur in the omce aforesaid, until the next session of the Legislature, and until a successor to his appointee shall be confirmed and quali fied. Sec 4. Tbe respective counties of the State shall provide, as may be prescribed by law, for those inhabitants who, by reason of age, infirmity, or other misfor tune, may have claims upon the sympathy and aid of society. ABTICLE VIII. MILITIA. Section 1. The Militia shall be com posed of all able-bodied white male citi zens between the ages of twenty-one and forty-five years, except such as are ex empted by the laws of the United States, or of this State; but all citizens of any religious denomination whatever, who, from scruples of conscience, maybe averse to bearing arms, shall be exempted there from, upon such conditions aa may be prescribed by law. Sec. Z. 1 he Legislature shall provide for organizing, equipping and disciplining the Militia in such a manner as it shall deem expedient, not incompatible with the laws of tbe United States. Sec 3. Officers of the Militia shall be elected or appointed, and commissioned in such manner as may be provided by law. Sec 4. The Governor shall be Com mander-in-Chief, and shall have power to call out the Militia to execute tbe laws, to suppress insurrection, and to repel in vasion. ABTICLE IX. COUXTT AND TOWNSHIP 0B- OAKIZATION. Section 1. Tbe Legislature shall pro vide for organizing new counties, locating county seats, and changing county lines; but no county seat shall be changed with- out the consent of a majority of the elec tors of the county; nor any county or ganizei, nor the lines of any county changed so as to include an area of less than four hundred and thirty-two spuare miles. Sec 2. The Legislature shall provide for such county and township officers as may be necessary. sec 3. All county omcers shall bold their offices for the term of two years, and until their successors shall be qualified; but no person shall hold tbe omce ol sheriff or county treasurer for more than two consecutive terms. Sec. 4. Township officers, except jus tices of the peace, shall hold their offices one year from the Monday next succeed ing their election, and until their succes sors are qualified. sec. 5. Allcountv and township omcers may be removed from office, in such man ner and for such- causes as shall be pre scribed by law. ABTICLE X. APPOBTIONMENT. Section 1. In the future apportionment of tbe state, each organized county shall have at least one Representative; and each county shall be divided into as many Districts as it has Representatives. Sac 2. It shall be the duty of the first Legislature to make an apportionment. based npon the census ordered by the last Legislative Assembly of the Territory; and a new apportionment shall be made in tbe year 18G6, and every five years iucihiki, macu ujjuu wo bcuaua u. tug r. i, I k. ....... f k. preceding year. Sec 3. Until there shall be a new ap portionment, the State shall be divided into Election districts; and the Repre sentatives and Senators shall be apportion ed among the several districts as follows, viz: Rep. 1st Dis. Doniphan, 4 Sen. o Atchison and Brown, 6 Nemaha, Marshal and Washington, 2 4 4th " 5th " 6th Clay, Riley and Potta wattamie, Dickinson, Davis and Wabaunsee, 3 Shawnee, Jackson and Jefferson, 8 Leavenworth, 9 Douglas, Johnson and Wyandott, 13 Lykins, Linn and Bour bon, 9 Allen, Anderson and Franklin, 6 Woodson and Madison, 2 Coffey ,0sage and Breck enridge, 0 Morris, Chase and But ler, 2 Arrapahoe, Godfrey, Greenwood, Hunter, ' 7th " 8th " 9th - 10th- 11th" 12th" 13th" 14th" iUoo, Dora and Mc- Oee, 1- ABTICLE XI PISAXCE ASS TAXATION, Section 1. 1 be legislature shall pro vide for a uniform and equal rate of as sessment and taxation ; but all property used exclusively for State, county, muni cipal, literary, educational, scientific, reli gious, benevolent and charitable purposes, and personal property to the amount of at least two hundred dollars for each family, ball be exempt from taxation. Sec 2. The Legislature shall provide for taxing the notes and bills discount ed i r purchased, moneys loaned, and other I property, effects, or dues of every dea I eriotion. ( without deduction.) of all banks row existing, or hereafter to be created, and of all han tm an that all nronertv i employed in banking shall alwsys bear a burden of taxation equal to that imposed a upon tbe property of individuals. Sec 3. The Legislature shall provide, each vear. for raisin? revenue sufficient to defrsy the current expenses of the Ktata. Sec 4. No tax shall ha lavifln exeent in nurauanceoF law whiMi shall dUtinct. ly state the object of the same, to which object only shall such tax be applied. Ka S For the mimosa nf ditfravin? ex. traordinary expenses and making public improvements, the State may contract publio debts ; but such debts shall never, in the aggregate, exceed one million dol- lars, except as hereinafter provided. Eve- ry such debt shall be authorized by law for some purpose specified therein, and the vote of a majority of all tbe members elected to each House, to be taken by the mwA nova shall K namurv tj thm I nuuaffN of atiph law r anrl ivurv ai irh law shall nmvii U for lawinff an annual tax sufficient to psy the annual interest of such debt, and tbe principal thereof, when it shall become due ; and shall specihcal- ly appropriate the proceeds of such taxes to the payment of such principal and in- torast eiih nnmnriiiinti ahall not be repealed nor the taxes postponed or di- minisbed, until the interest and principal of such debt shall have been wholly paid. Sec. G. No debt shall be contracted by the State except as herein provided, un less tbe proposed law for creating such debt shall first be submitted to a direct vote of the electors of the State at some general election; and if such proposed law shall be ratified by a majority of all the votes cast at such general election, than it shall ha tha dutv nf the Lerisla. ture next after such election, to enact such law ami rraata such dhL sutiiact to all tbe provisions and restrictions provided in the preceding sections of this article. Sec 7. The State may borrow money to repel invasion, suppress insurrection, or defend tbe state in time of war ; but tbe money thus raised shall be applied ex- clusively to the object for which the loan was authorized, or to the re-payment of tbe debt therebv created. Sec. 8. The State shall never be a par ty in carrying on any works of internal improvement. ABTICLE XII. CORPORATIONS. Section 1. The Legislature shall pass no special act conferring corporate powers. Corporations may be created under gen eral laws; but all such laws may be amended or repealed. Sec Z. Dues from corporations shall be secured by individual liability of the stockholders to an additional amount equal to the stock owned by each stock- bolder, and such other meaus as shall be provided bylaw; but such individual lia bilities shall not apply to railroad corpo rations, nor corporations for religious or charitable purposes. sec 3. The title to all property of re ligious corporations shall vest iu trustees, whose election shall be by the members of such corporations. Sec. 4. No right of way shall be appro priated to the use of any corporation, un til full compensation therefor be first made in money, or secured by a deposit of mo- ney, to the owner, irrespective of any ben efit from any improvement proposed by seen corporation. Sec. 5. Provision shall be made by gen eral law for the organization of cities, towns and villages ; and their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, shall be so restricted as to prevent the abuse of such power, Sec. 6. The term corporations, as nsed in this article, shall include all associa tions and joint stock companies having nnwan and nrivil?i not miaauad hv individuals or partnerships ; and all cor- porations may sue and be sued in their corporate name. ABTICLE XIIL BANES AND CUBBESCT. Section 1. No bank shall be established otherwise than under a general banking law. Sec 2. All banking laws shall require, as collateral security for the redemption of tbe circulating notes of any bank, or ganized under their provisions, a deposit with the auditor of State, of the interest paying bonds of tbe several States or of the United States, at tbe cash rates of tbe ew York stock exchange, to an amount equal to tbe amount of circulating notes which such bank shall be authorized to is- sue, and a cash deposit in iu vaults of ten per cent, of such amount of circulating notes : and tbe auditor shall register and countersign no more circulating bills of i i- .1 . L i t r l I any Dana toan ins casu vatue oi sacu bonds when deposited. See. 3. Whenever the bonds pledged as collateral security for tbe circulation of ti0D .ball contioue and remain in full any bank, shall depreciate in value, tbe force unui they expire, or shall be re auditor of State shall require additional pealed. security, or curtail the circulation of such bank, to such extent U will continue the security unimpaired. Dec, aii circuiting uoies snau oe ro-1 deemable in tbe money of the United owiea. uoiuera 01 ucu dqki snau ua eu titled, in case of the insolvency of such banks, to preference of payment over all other creditors. Sec 5. The State shall not be a stock holder in any banking institution. Sec v. All banks shall be required to keep offices and officers for the issue and redemption of their circulation, at a con venient place within the State.to be named on tbe circulating notes issued by such bank. Sec 7. No banking institution shall is. sue circulating notes of a less denomina. uou iuu nve aouars. S jc 8. No banking law shall be in force until the same shall have been submitted to s vote of tbe electors of tbe State st some general election, and approved by a majority 01 au tne votes cast atsucn eiec tion. Sec 9. Any banking law may be amended or repealed. . ABTICLE XIV. AKEirDXEJfTfl, Section L Propositions for the amend-1 r . v r. r w M. J. I by either branch of tbe Legislature ; and if .11 .v fi i.j . each House shsU concur therein, such proposed amendments, together with the jcaa ua nava, saau uv iuwih vi turn 1 Journal ; and the Secretary of State .ball eaua. the aam.tn ha Mbliahed in at leaati r'rSrJSJrr. nonius preceaiaE luo next kuw iot T?.nr.n,..;. Zt h!M. tin., th. a., shall be submitted to th. slecton, for tlurir annmval mm miaction and if a ma. joritj of the electors voting oa miA amendments, at saul election, shall adopt the amendments, the same shall become part ot tne wrasmuiiou. uu nioro than one amendment snail ue suummeu at the same time, they shall be so submit- ted as to enable the electors to vote on each amendment separately ; and not more than three propositions to amend shall be submitted at the same election. Sec 2. Whenever two-thirds of the members elected to eacn oraoca oi iuo Legislature shall think it necessary to call a Convention to revise, amend or change this Constitution, tbey shall recommend to tue electors to vote at tne next eio- tion of members of the. Legislature, for or against a Convention ; and if a msjority of all the electors voting at such election shall have voted for a Convention, the Legislature shall, at the next session, pro- viae ior caning tne same. ABTICLE XV. MISCELLANEOUS. Section 1. All officers wboto election or appointment is not otherwise provided for, shall be chosen or appointed as may be prescribed by law. aec 6. ine teuure in -uj herein provided for, may be declared by law ; when not so declared, such office shall be held during the pleasure of the authority making the appointment, but tne uegisiaiure snail uot ureaie auj vuiuv the tenure of which shall be longer than four years. Sec 3. Lotteries and the sale of lottery tickets are forever prohibited. Sec. 4. All public printing shall be let on contract, to the lowest responsible bid- der, by such executive officers, and iu ucn manner, as snau oe prescnoeu uj law. Sec 5. An accurate and detailed state- mont of the receipts and expenditures of the publio moneys, and tne several amounts paid, to whom, and on what ac count, shall be published, as proscribed by law. Sec 6. The Legislature shall provide for the protection of the rights of women in acquiring and possessing property, real. porsonal and mixed, separate and apart lrm me nusoauo ; auu suau aisu pruiuo for their equal rights in the possession of their children. Sec 7. The Legislature may reduce tbe salaries of officers, who shall neglect the performance of any legal duty. Sec 8. I he temporary seat of govern ment is hereby located at the city of To peka, county of Shawnee. The first Leg. islature under this Constitution shall pro vide, by law, for submitting the question of the permanent location of the Capital to a popular vote, and a majority ot ail the votes cast, at some general election, Lnau neceggary for such location. Sec 9. A Homestead, to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of tbe owner, together with all the improvements on the same, shall be exempted from forced sale nnder any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation ex ists ; but no property shall be exempt from sale for taxes, or for tbe payment of obligations contracted for the purchase of $aid premies, or for the erection of im. provementa thereon : Provided, The pro visions of this section shall not apply to any process of law obtaiued by virtue of a lien given by tbe consent of both husband and wife. SCHEDULE. Section i. That no inconvenience may arise from tbe change from a Territorial Government to a permanent State Gov. ernment, it is declared by this Constitu tion that all suits, rights, actions, prosecu tions, recognizances, contracts, judgments and claims, both as respects individuals d ko&iet corporate, shall continue as if no change had .taken place, Sec 2. All fines, penalties and forfeit ures, owing to the Territory of Kansas, or any county, shall inure to the use of the State or county. All bonds executed to the Territory, or any officer thereof, in hie official capacity, shall pass over to the Governor, or other omcers of tbe state or county, and their successors in office, for tbe use of tbe State or county, or bv him or them to be respectively assigned over to the use of those concerned, as the ease may be. Sec 3. Tbe Governor, Secretary and Judges, and all other officers, both civil an,i military, under the Territorial gov- ernment, shall continue in the exercise of t duties of their respective departmeots the said officers are superseded un. Her tha .ntWitv nfthia fVinatitntlnn Sec. 4. All laws and parts of laws in - ..... .. . force in this Territorv, at tbe time of tbe acceptance of this Constitution bv Con- no incouiatent with this Constltn. gee 5. The Governor shall use bis nrivate seal until a State seal is nrovided. Sec 6. The Governor, Secretary of ' state, And it or of State, Treasurer Of State, Attorney General, and Superintendent of Public Instructions, shall keen their re. pective offices at the seat of government. sec (. All records, documents, booM, papers, moneys and vouchers belonging and pertaining to tbe several Territorial Courts and office, and to the several dis tricts and county offioee, at the date of the admission of this State into the Union, shall be disposed of in such manner as may be prescribed by law. sec. 8. All suits, pleas, plaints ana oth er proceedings pending in any court of record, or justice's court, may oe prose. ted to final judgment snd execution : .d all anneals. wnU of error, certiorari. ininnetions or other Droceedines whatev. er, may progress and be carried on as if this Constitution bad not been adopted, and tbe Legislature shall direct the mode , which such suits, pleas, plaints, prose cutions and other nroeeedinss. snd sll De- 1 pert, records, books and documents con nected therewith, may be removed to the courts established by this Constitution. 8c 9. For the purpose of taking the vote of the electors of this Territory for h fixation or ims thte ConstU I tvboD. an election shall be held in the "veral W??! " Tuesdsy In October, A. D. --- . , -v.ti - Sec 10. Each ele shaU exp hU sssent or dissent by -voting a written or aU ll.il. m.ioHtT of all the votes 1 , . . - - -. . m . east at such election shall be In fsyor of 'Jff J I "l " V.nitH- fill Mil if r v jrs MM flit 1. tii ; I- ' iU 1 pi r1 t fi; -t Hi f Ji P.I: a' !.; f 1 j ,1 it'- V i ll i- N 5 1 :1s i