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:.. ye"! (...!; -I i I! f; .,t, X ... . r ....-- r - n i- " - .. w oiw; fr;' j: MX. i- .-! .ii -o. V , .Hi: ft 'r- 71 ' gOL. SILLER, ECITOIl iSD rt BUSHES.- THE CONSTITUTION AND THE UNION. ( TERMS $t.0 TER A?iUM, H ADT1XCE. VOLUME 1. 1 ; ; ,:,u; white cloud, :kansas;;thdrsday, December 10, 1857. NUMBER 28, " jf f oil.!:-'; a :!T ' '- W .' f ) ;.'. -1 THETOPEKACONSTITUTION. Tke Free State CastHutlo of tke State of Kansas.,; ;. We, the people of the Territoty or KansM, by oor Delate. "tionjW'l 5? Topek., o the 2M ij of October, A.D., 1855, of the Indepetidenw of the United Sute the eightieth yeir. luring the right of mdmui ioD Into the Ooo uootef the United Bute, of Americt, eonsistent with Art FedefWConrtl totloii and by rirtue of lie treaty of cession by Fnnce to the United Sutei of the peoTinee of Looisisn. in order to eecure to onnelres and oar posterity, the enjoy" of all the rights of Cfe, liberty and property, and the free pursuit of happineaCdo mutually agreo with each other to form ourselves into a free and independent State, by the name and style of the State or Kassas, bounded as follows, to-wit: Beginning at a point on the western boundary of the State of Mia - aouri, where the thirty-seventh parallel of north latitude crosses the same; thence west on said parallel to the eastern boundary of New Mexi co; thence north on said boundary to latitude thirty-eight; thence following said boundary westward to the eastern boundary of the Terri tory of Utah, on the summit of the Rocky Moun tains; 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 boun dary of said State to the place of beginning; and do ordain and establish the following CoSTrn no and Bill or Rights for the government thereof: . ARTICLE I Bill or Rights. Srcno 1. All men are by nature free and in dependent, and have certain inalienable rights, among which are those of enjoying and defend ing life and liberty, acquiring, possessing, and protecting property, and seeking and obtaining happiness and safety. Sic. 2. All political power is inherent in the PcorLi. Government is instituted for their equal protection and benefit; and they have the right to alter, reform or abjliah the same whenever they may deem it necessary; and no special priv ileges or immunities shall ever be granted that may not be altered, revoked, or repealed by the General Assembly.'' 1 Sec. 3. The people have the right to assemble tflgwhern a peaceable manner, to consult, for their common good, to instruct theTr Represen tatives, 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, bnt standing ar mies in times of peace are dangerous to liberty, and shiTI not be kept up; and the military shall be kept in strict subordination to the civil power. Sec. 5. The right of trial by jury shall be in violate. Sec. 6. There shall be no slavery In this State nor involuntary servitude, unless for the punish' mint of crime. Sec. 7. All men have a natural and indefeasi ble right to worship Almighty God according to the dictates of their own conscience. : No per son shall be compelled to attend, erect or sap; port any place of worship, or maintain any form of worship against bis consent; and no prefer ence shall be given by law to any religions aoci ty; nor shall any interference with the right of conscience be permitted. No religions test shall be required as a qualification of 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 aid affirmations. Religion, morality, and know. ledge, however, being essential to good govern ment, it shall be the duty of the General As sembly to pass suitable laws to protect every re ligions denomination in the peaceable enjoyment of ils own mode of public worship, and to en courage schools and the means of instruction. Sec 8. The privilege of the writ of aaoea arrpm shall not be suspended, unless in case of rebellion or invasion, the public safety require it. - Sec 9. All persons shall be bailable by suffi cient sureties, unless for capital Senses where the proof is evident, or the presumption great. Excessive bail shall not be required, or excessive fines imposed, nor cruel and unusual punishments inflicted. .-'. ' " Sec. 10. Except In eases of impeachment, and cases arising In the' army and nary, or in the mi litia, when in actual service, In time of war or public danger,' and in cases of petit larceny and other Inferior offenses, no person shall beheld 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 par ty accused shall be allowed to appear and defend in person, and with counsel; to demand the na ture and cause of the accusation against him, and to have copy thereof; to meet the witnes ses face to face, and to have compulsory process to procure the attendance of witnesses in -his behalf, and a speedy public trial by an impartial jsry of the county or district in which the offense' is alleged to have been committedi nor shall any person be compelled in any criminal case to be a witness against himself, or be twice put in jeop ardy rot the same offense. Sec. 11. Every eitixeomiv 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 crimi nal 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 nutter charged as libelous is true, and was published with good motivss, and for justifiable ends, the party shall oe acquitted. . . .. .... , , Sic 12. No person shall be transported out of toe State for any offense committed within the same; and no conviction shall work corruption of blood or forfeiture of estate. . . Sec IX Ns soldier shall, in time ofpeace.be quartered in any house, without the consent of tne owner; nor in time of war, except in e man ner preacribed bv law. . . , . Sec 14. The ritrht of the Monle to be secure n their persons, he uses, papers sad possessions. against unreaeoabU searches and seizures, shall not be violated; and so warrant shall issue but upon probable cause, supported by oath or affir mation, particularly describing the place to be searched, and tie persons and things to be seiz ed.' - ' '" '- -i Sec. 15. No person iWl be Imprisosed sot debt in any civil action, or mesne or final pro cess, unless in ease of fraud. . Sec 16, All courts shajl be open: -and every person for an injury done him in his land, goods, persm Wreputtion,' shall havs remedy by due soars ir fc wyusHi jostle sxtatsistered wtthowt denial or daisy. 1 :." , ,. f--.",. Sec 17. No hereditary emoluments, honors or privileges shall ever be granted or conferred by this State. ' " Sec. 18. No power of suspending laws shall ever be exercised, except by the General As sembly. ' ' ' . v Sec 19. The payment of a tax shall not be a qualification for exercising the right of suffrage- .: Sac 29. Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war, or other public ex- gency imperatively requiring its immediate sei zure, or for the purpose of making or repairing roads, which shall be open to the public use, without toll or other charge therefor, a compen sation shall be made to the owner in money; and in all other cases where private property shall be taken for public use, a compensation therefor I 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. 21. No indenture of any negro, or mu latto, made and executed out of the bounds of the State, shall be valid within the State. Sec. 22. This enumeration of rights shall not be construed to Impair or deny others retained by the people; and all powers not herein dele gated shall remain with the people. . ARTICLE II. Elective Feajchise. Sectio I.- In ail elections by the people, the vote shall be by ballot; and in all elections in the General Assembly, the rote shall be vies wee. - ' Sec. 2. Every white mle person, and every civilized male Indian who has adopted the hab its of the khite man, of the age of twenty -one years and upward, who shall be at the time of offering to rote, a citizen of the United States; who shall have resided, and had his habitation, domicilhome, and place of permanent abode in the State of Kansas for six -months next pre ceding the election at which he offers his vote; who, at such time ami- Jot thirty days unmdi atelv preceding said time, shall have had his ac tual habitation, domicile, home and place of abode in the county in which he offers to rote; and who ahall have resided In the precinct or election district for at leat ten days immediate ly preceding the election, shall be deemed a qualified elector at all elections under this Con stitution; except at' elections' by general ticket the State or district prescribed by law, in which ease the elector must have the aforesaid qualifications, but a residence in said district for ten days will entitle him to vote: Prtmded, That no soldier, seaman or marine of the regu lar army of the United States shall be consider ed s resident of the State in consequence of be ing stationed within the same. Sec 3. The General Assembly shall, at its first session, proviSe for the registration of all. qualified electors in each county, and thereafter, from time to time, of all who may become qual- fied electors. . "r -. - Sec 4. The Legislature shall have power to exclude from every office of honor, trust or pro fit, within the State, and from the right of suf- fnf-e. all neraons convicted of any Infamous O ft . - crime.- - ' ': .- '. 1 - .:. 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 or suffrage under the govern ment of this State, who shall hereafter fight a duel, send or accept a challenge to fight duel, or who shall be a second to either party, or who shall in any manner aid or assist in such duel, or whs ahall be knowingly the bearer of such challenge or acceptance, whether the same oe cur or be committed la or out of the-State. Sec 6. No person who may hereafter be col lector or holder of public monies shall, be cligt ble to any' office of trust or profit in the State until he shall haTe accounted Tor and paid Into the proper public treasury all sums fr which he may be aceonniaoie. Sec 7. No State officer or member of the Gen eral Assembly of this State shall receive a fee. be engaged as counsel, agent or attorney, in any case or claim againstiM State Sec 8. No Senator, or RepresenUtivs shall. durine the term of office for which be shall have been elected, be appointed to any civil office- of profit in this State which shall have been crea- ted. or the emoluments of wuicn snau nave oeen irtoreased during such term, except such offices '' 'k. ciii k .lactSon bv the people mm utmj v. .... j . et. Sec 9. All officers, eiv.1 ana military, in mis State, before they enter apon the da ties of their resnectire offices, shall take the following oain or affirmation: "I . do swear or af firm that I will support the Constitution or the United States, and of &e State of Kansas; that I am duly qualified according to the Constitution to exercise the office to which I have been elec ted, or appointed, and will, to the best of my abilities, discharge the duties thereof faithfully and impartially, according to law. : . '. 1 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 gi -rea or offered any bribes to procare bis elestion, or who shall have made ase of any undue influ ence from power, tumult, or other improper practices. ' ' . Sec 11. AH civil officer of the State shaH reside within the State, and an district and conn ty officers within their respective districts and eeunties, and shall have their offices at such pla ces as may be required by law. . . , r Sac 12. Returns of elections for members of Congress, the General Assembly, and all ether officers not otherwise provided for, shall be made to the Secretary of State, in snen manner as may be prescribed by law. . . ' ; u' ; Sec 13., Electors shall in all cases be privi leged from arrest during their , attendance en elections, and in going to and returning there from, 'except in esse of felony,' treason, and breach oif the'peaee.'J t ' r ARTICLE III-DisTaiscnosorToWims. , Sectto. The powers of. the Government shall be divided into three separate departments -the Legislative the. Executive,' including the Administrative, and the Judicial; ud no person charged with efietal dudes under bits of these departments shall exercise any of the functions of another,; except as in this Constitution' ex pressly provided. " ARTICLE n'. Legislative. Sectioi 1. The Legislative power of this State, shall be vested in the General Assembly, which shall consist of a Senato an4 House' of Representatives. ... v ,: Sec 2. The Senators and Representatives shall be chosen annualfy, by the qualified elect ors of the respective counties or districts for which they are chosen, on the first Monday of August, for one year, and then term bf oiBa) shall commence on the first day of January neat thereafter. ' " - ' , ,1 Sec 3. There shall be elected at the first elec tion, twenty Senators and sixty Representatives, and the number afterward shall be regulated 'by law.' ' ' Sec 4. No person shall be eligible to the of- fice 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 held a seat in the General Assem bly; but this provision shall not extend to town ship officers. Justices of the Peace, Notaries Public, Post Masters, or OJHcers of the Militia. Sec 6. Each House, except as otherwise pro vided in this Constitution, shall choose its own officers, determine its own rules of proceeding, punish its members for disorderly conduct, and, with the concurrence of two-thirds, expel a mem ber, 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 journal of it proceedings, and publish .the sanle. The yeas and nays on any question ahall, at the re quest of two members, be entered on the jour nal.'., '. ," "" . 'Sec 8." Any member of -cither House shall have-the right to protest against any act or res olution thereofi and such protest and reason therefor shall, without alteration, commitment or delav, be entered on the journal. ' Sec 9. All acancies which may occur tn ei ther House, than, for the unexpired term, be filled by election, as shall be prescribed by law -Sec 10. Senators and Representative shall, in all cases except treason, felpny or breach of the peace, be privileged from arrest during the session af the General Assembly, snd la going to and returning from the same; and for words spoken in debate they shall not be questioned in any other place. r ... , 1 . Sec 11. A majority of all the members elec ted to each House shall be necessary to pass ev ery bill or Joint resolution, and all bills and joint resolutions so passed shall be signed by the pre siding officers of the respective Houses, and pre sented to the"Govemor fbr 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 Hou ses shall be sitting, except for personal safety. L' Sec 13.'Erery biU shan be read by sections on three several days in each House, unless in case of emergency. Two-third of the House where such bill is pending, may, if deemed ex pedient, suspend the rules on a call of the yeas and navsj but the reading of a bill by sections on its final passage, ahall in no case be dispens- ep 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 bat one sub ject, which shan be deaily 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 where a general law can be made applicable, special law shall not b en Sec. 16. No act shall ever be revived or amen ded by mere reference to ils title; but the act revived or the section amended shan be set forth aad published at full lengthy" ' Sec 17. No act shall take effect until the same ahall 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. 19. The election and appointment of all officers, and the filling of aR vacancies not oth erwise pro rid ed Cor by this Constitutioa, or the Constitution of the United States, shall be made in such manner as shall be prescribed by law; but no appointing power shan be exercised by SJtie General Assembly, except as provided ia this Constitution, and in the election of the Uni ted States Senators, and In these cases the vote shall be taken tts see. . .. ' Sec 19. The General Assembly' shall not have power to enact law annulling the contract of marriage in any ease where, by law, the courts of this State may have power to decree a di vorce. . '1 j'r Sec 20. The General Assembly shall not have power to pass retro-active laws, or laws Impair-1 Ing the obligation of contracts, but may, by gen eral laws, authorize courts to carry kite c fleet. upon such terms as shall be just and equitable, the manifest intention of parties and officers, by curing omissions, defects and errors in instru ments, and proceedings arising out of a want of conformity with the Uwset this State.: ' 5 re. 21. The stle of the laws othis State shall be: Bt H eaecfed if tit General Antm- ti Stmle Xbms." ' " Sec. 22. The House of Representatives ahall have the sole power of impeachment. ' All Im peachments shall be tried bj the Senate, and, when sitting for the purpose, the Senators shall be upon oath or affirmation to do justice accord ing to law and evidence. No person shall be convicted without the concurrence of two-thirds of all the Senators present. "' ,' ;' "J -' ' fixe. 23. The. Governor,' and all' other eiril officers undf the law of this State, shall be li able U impeachment for ( any misdemeanor is office, but judgment In such eases shall not ex tend twthes than' to. IkOTOTal from oSce, and disqualification to hold any office ef honor, pro fit et trust under this State; The party, wheth er convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punish ment, according to law. j Sec 24. Within one year after the ratification of this Constitution, and within every subsequent two years thereafter, for the term of ten years,1 an enumeration of all the white inhabitant of this State, shall be made in such manner as shall be directed by law. ' Sec 25. All regular sessions ef the General Assembly shall be held at the capital of the State, and shall commence on the first Tuesday of January, annually. '. .'.'. i 1 1 Sec 26. All bills for raising revenue shall originate in the House of Representatives sub ject, however, to amendment or rejection as in other cases. Sec 27. The member of the General Assem bly, shall receive for then- services, the sumof four dollar per day for each aad every day they are actually in attendance at any regular or spe cial session, and four dollar 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 Constitu tion, shall extend beyond the term of sixty days, nor any special session more than forty days. ARTICLE V. Executive. Section 1. The Executive Department shall consist of a Governor, a Lieutenant Governor, Secretary of State, Treasurer, Auditor, and At- tnmFT General, who shall be chosen bv the elec tors of the State at the same time ana place of voting for the member of the General Assem Uy. ! Sec 2. The Governor, Lieutenant Gevernor, Secretary of State, Treasurer, Auditor, Attor ney General, 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 suc cessors 'are elected and' qualified neither of which offioers ahull te eligible for re-election more than two out of three consecutive terms; nor shall any person be eligible for the office of Governor 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 seated up and transmitted to the seat of govern ment by the returning officers, directed to the Secretary of Slate, who shall lay the same be fore the General Assembly, at their first meeting thereafter, when they shall open, publish and de clare the result thereof, in the presence of a ma' jority of the members of both Houses. The person having the highest cumber of rotes shall be declared duly elected, and a certificate there of given to uch 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 wri ting from the officers in the Executive Depart meat 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 ses sion, "by message, to the Ge-eral Assembly, the condition of the affairs of the State, and recom mend such measures as he ahall deem expedient for their action. .' . Sec 7. He may, on extraordinary occasions, convene the General Assembly by proclamation, 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 adjourn ment, he shall hare power to adjourn the Gen eral Assembly to such time as ke may think proper, but not beyond the regularmeeting there of. , ... " - ' - ..-;:''- ' Sec 9- He. shall be commander-in-chief of the military In the' Sute, except when they shall be called Into the service ef the United States. Sre. 10. The pardoning power shall be ve-. " ia the Governor, under such regulations snd re strictions, as may be prescribed by law. Sec 11. There shall be a seal of the State, the device of which shall be fixed apon by the Governor snd ether State officers, be kept by the Governor, sad used by him offieUlly, jdJ shaU be called "The Great Seal of the State of Kansas." . . r . Sec 12- AH grants and commissions shall be used in the name and by th authority of the State of Kansas, sealed with the great seal, signed by the Governor, and countersigned by the Secretaryof State. Sxc li .'No member of either House of Con gress, or other person holding office under the authority of-this State, r of the United States, shan execute the office of Governor except as herein nrovided. ' See. 14 In the case of death. Impeachment, reaigaaSoa, removal, or other -disability of the Governor, the lieutenant Goremor shall exer cise the duties of the office of Governor, until another Governor shall be duly qualified ; hut in such case another Governor shall be chosen at the next annual election fbr members of the General Assembly, unles such death, rcsigna Son, impeachment, removal or other disability shall occur within three calendar mont&s Imme diately preceding such next animal election, tn which ease a Gevernor shall be chosen at the second succeeding annual election foriaembers of the General Assembly, and in ease of the death, impeachment, resignation, removal, orj other disability of the weuieoam uaram, me President of the Senate r ten. shall exercise the office of Governor until a Governor shall be daly qualified as aforesaid. -. Sec 15. The Lieutenant 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, remorai from office, or when be shall exercise the office of Governor, the Senate shall choose a Presidcat STS taSL, .. ' . '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 Gor emor shall fill the vacancy or vacancies until the disability is removed or a successor is elec ted and qualified. Erery such vacancy shall be filled by election, at the first general election that occurs more than thirty days after suck va cancy shall have occurred, and the person cho sen shall hold the office for the full term fired in the second section of this article. Sec. 17. The officers mentioned in this article shall, at stated limes, receive for their services compensation to be fixed by law, which shan neither be increased nor diminished during the period for which they shall have been elected. Sec. 13. The officers of the Executive De partment, and of the public State Institutions shan at least ten days preceding each regular session of the General Assembly, severally re port to the Governor, who shall transmit the same to the General Assembly. Sec 19. Every biU which shall have passed both Rouses shall be presented to the Governor. If he approve, he shall sign ths same; but if he shall not approve, he shall return it with his ob jections to the house in which it bhall have origi nated, 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 shatl 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 cases the vote of both House shall be determined by Yeas and Nays, and the names of the persons votm- for or against the bill shall be entered upon the jour nals of the House respectively. If any bill shall not be returned by the Governor within five days (Sundays excepted,) after it shan hare been presented to him, it shall be a law m like man aer as if he had signed it, unless the General As sembly, by their adjournment, prevented its re turn, in which case it shall also be a law, unless sent back withia two days after the next meet ing. -..'' . Sec 20. Contested elections for Governor, Lieutenant Governor, Judges of the supreme Court, and all other State officers, shaU be de termined by the General Assembly in sueh man ner as msy be prescribed by law. c 21. The General Assembly shall have power to provide by law for the election of a urvevor General, State Geologist, and Superin tendent of Common Schools, whose duties shall be prescribed by law. ARTICLE VI. Judicial. Sectioh 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 Asssmbly may establish. ' Sec 2. The Supreme Court shall consist of three Judges, a majority of whom ahall form a quorum. It shall have such original and appel lt inriadiction as may be provided by law. It shall bold at least one term each year at the seat of Government, and sueh other Terms as may be provided by law. The Judges of the Supreme Court shall be elected by the electors of ths 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 Ter ritory, 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 threj Sec 4. The 'Court of Common nea snau consist of one Judge each, who shall reside within the district for which he is chosen during his continuance in office. - Sec 5l The jurisdiction of the Court of Com mon Please and of the Judge thereof, shall be fixed bv law, .... , . ' Sec 6. A competent number of Justices of the Peace shall be elected by the electors of .each townshio of the several counties. The term of fice shall be three year, and their powers and duties shall be fixed by Jaw. A I ; 1 - Sec 7. An Judges, other than those provided for in the Constitutien, shall be' elected by the elector of the Judicial district for which they may be created, but not for a longer term of of fice than three years. ' Sac 8. The Judges of the Supreme Court shaU immediately after the first election under this Constitution, be classified by lot, so that one shall hold for the term one year, one for the term of three years; snd all subsequent elec tions the term of each of said Judges than be for three years. ' Sec. 9. In ease the office of any Judge should become vacant before the expiration ef the term for which be was elected, the vacancy shall be filled by appointment by the Governor, until a successor shall be elected for the residue of the unexpired term, at the first annual election that occurs more than thirty day after such vacan cy shall have happened. " T ""' ' Sac 10. The Jadges of the Saprem Court aad ef the Court of -Common Pleas shaU, at stated times, receive such compensation as may be provided by law, which shall aot be increased nor diminished during their term of office; but they shall receive no fees or Berquisites, nor hold say other office of profit and trust under the State, other than a judicial office. Sec 11. TheTJeneral Aasembly jnay increase or diminish the saber of the Jadges of the Supreme Court, the' number ef ths sHsaicts of the Courts of Common Pleas, the number of Judges in any district, or establish ether courts whenever two thuds of the members elected to each House than concur therein; but do sack change, addition, or diminution ahall vacate the office of any Jsdge. ' Sec 12. Tr ere shall be elected in each coun ty, by the elector thereof, one Clerk of the Court of Common Pleas, who shall bold his of fice for the term of three years, snd until 'his successor shall be elected and qualtlfied. Sec 13. The General Assembly shall provide by law for the speedy publication of the decis ions of the Supreme Courts made under this Constitution. ' Sw 1 J TS Sunreme Court slnvll. ucon the I decision of every case, give an opinion in writing j led apon aH suck pwpeitr, real and personal, an of each question ariing in the record in such the General Assembly may, from time to Urn, case and the decision of the Court thereon. j rrrscribbet an property appropriated and used Sec 15. There shall be elected by the voter ' exclusively for munelpal, Wterary, educational. of the State a Clerk and a Reporter forth Su- nreme Court, who shsJl hold their offices for ! three years, and whose duties shall be presenn- . ed by law. ' Sec 16. Judges may be removed from omce by concurrent rcssolution of both Houses of the , General Assembly, if two-thirds of tue members elected to each House concur therein; but no such removal shaH be made except apon com plaint, the substance of which shall beentered op- on the journal, nor until the party tbcreor charg ed shall hare had notice thereof, and an oppor tunity to be heard. Sec. 17. The several Judges of the supreme Court, of the Court of Common Pleas, and of such other courts ssmay-' Tested by taw, shall respectively have ami Je such power and jurisdiction, at chamber. tr otherwise, as may be provided by law. . Sec 18. The stvle of all processes shall be "The Stale of Kansas. All prosecutions shall be carried on in the name and by the authority of the Sta'.e of Kansas, and all indictments shall conclude "Against the peace and dignity of the State of Kansas." ARTICLE VII. Edccatiow. Section 1. The principal of all funds arising from the sale or other disposition of lauds or other property granted or entrusted to this State, for eductional and religious purposes, shall forever bejreserved inviolate and undiminished, and the income arising therefram shall be faith fully applied to the specific objects of the origi nal grants or appi-opriations. Kb-. 2. The General Aftscniblv shall make . v.. . - .- 1 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 hare any exclusive right to, or control ef, any part of the school fund of this State. ; Sec 3. The General . Assembly may take measures for the establishment of a Univei'y with such branches as the public convenience may hereafter demand, for the promotion of literary istruction. '. Sec 4. Provision may be made by law for the support of normal schools with suitable libraries, and scientific apparatus. ARTICLE. VIII. Pi'slic Issn-rmois. Sic 1. It shall be the duty of the General As sembly, at at eaily a date as possible to provide Stats Asylums for the bennfit, treatment, and instruction of the blind, deaf and dumb, and in sane. Sec. 2. The General Assembly shall make provision for the establishment of an Atlum for idiots, to be regulated by law. , Sec 3. The respective counties of the State shall provide in some suitable manner for those inhabitant", who by reason of age, infirmity or other misfortune, msy have claims upon the sympathy and aid of society s andur provision to be made by the laws of the General Assembly. Sec 4. The General Assembly shall make provision for the establishment of houses of Re fuge for the correction, reform and instruction ofjuvenlie oftender. Sec 5. It shall be the duty or the General 1 Assembly to make provision as soon as possi ble for a Stat General Hospital. ,, . , . ARTICLE. IX. Public Deet ad risuc Woaxs. ' Sectios 1. No money than be paid out of the Treasury except in purtnanee of an appropria tiea by law. ' Sac 2. The credit oftBe State shall never be given or loaned in aid of any individual associ ation or corporation. . , . ' Sec. 3. For the purpose of defrayirg extra ordinary expenditures, the State- may contract publie debts, bnt such debts shall neves' In the aggregate exceed one hundred thousand dol lars, unless authorized by a direct vote of the people at a general election. Every sock debt shan be authorized by law, and every such law shan provide for the payment of the annual in terest of such debt, and the prmcfpal within ten year from the passage of suck law; aad such ap propriation shall not be repealed until the prin cipal and interest shan have been wholly paid. Sec 4. The Legislature' may " also borrow money to repel invasion, suppress Insurrction, or defend the State in time of war; but the mon ey thus raised shall be applied exclusively to the object for which the loan was authorised, or repayment of the debts thereby created. Sec 5. No scrip, certificate, or other evidence of State debt whatever, shall be issued, except (or such debts as are authorized by thetbird and fourth sections of this article. ARTICLE X-Mjun a. Seen os 4. The militia shall consist of all able bodied white male persons between the agesef eighteen and forty years, except sack a may be exempt by the laws of the United States, or of this State, and shall be organized, officer ed, armed, equipped, snd trained, in suck man aer aa may be provided by law.' ' i ':- . Sec 2. The Governor shan appoint the Ad jutant, Qserter-Master and Gauamiftary Gen erals. .... ; . Sec 3. An militia officers shall be commis sioned by the Goveraor and si-all hold theirrof aces not longer than three years. ' - ' 8no4. The General Assembly shan detes mine the method of dividing the miGtia in la di visions, brigades, regiments, battilions, aad companies, and fix the rank of all offioers. - t Sec 5. The militia may be divided Into daas- cs, ia such manner aa shall be rwcribed by taw . Sec 6. No person conscientiously apposed to bearing arms shall be compelled to do mlli tary duty; but neh person hell psy an equivalent, for such exemption, the amount to be prescribed' bylaw. ' - ' -: " Sec 7. The first General Assembly shaU of--' fer inducements for the formation, uniforming and drilling of independent volunteer companies in the different cities and eonnties mthis State.' ARTICLE XI. rtsAJtcu aa Taxatto. SaeTMrv 1st. The General Assembly shall provide, bylaw, fbr a uniform and equal rata of assessment and taxation; and taxes shall be Ww scientific or charitable purpose! and personal rroperty to an amount not exceeding on bun-. area dollar, ror eacu nemu 01 hu..j, property apceopruueu ana w au.-.7 religious purposes re aa -s tSOO.OOOi may, try general laws, o- Irora taxation. Src 2. The General Assemwy snail previu by law for an annual tax sufficient to defray the estimated ordinary expense of the Slate, for each year. ' Sec 3. Erery law Imposing a tax shall state distinctly the object of the same, to which It. ' shaH be applied. - Sec. 4. On the passage, in either House of the ' General Assembly, of any law which imposes, continues or renew a tax; or makes, continues . or renews an appropriation of publfc) or truss money; or releases, discharges' or commutes a claim or demand of the State, the question shall be taken by yeas and nay, whieh shall be duly entered on the journal ; and three-fifth of all ths . members elected to sueh House shall, In all suck eases, be required te constitute a quorum. ARTICLE XIL-Cocimr Towssmr Of-, ncras. FectiosI. The General Assembly shall pro"-' vide by law for the election of county, city, town and township officers. Sec. 2. All officers whose election or appoint-. ment is not provided for by this Constitution,, shall be elected by the people, or appointed aa. the General Assembly may by law direct. - v Sec 3. Provision shall be made by law for the removal, for misconduct or malversation In - office, of all officers whose power and duties are not local or legislative, and who shall be elected at general elections, and also for rop- plying vacancies created by such removal. Sec 4. The Legislature may declare the eas es ia which sny office shaH be deemed vacant, where no provision Is made for that purpose In this Constitution. . - ARTICLE XIII. CosroBATioJia. -S tenon 1. The General Assembly shall not create corporations by special act, except for muneipal purposes. . Sec 2. Corporations may b formed under general laws, but such laws may at any time be altered or repealed. ART1CLEXIV. JuaJsrapDEscE. Section 1. The General Assembly at it first session, shall constitute three Commissioners, whose doty it shall be te revise, reform, simplify and abridge the rules of practice, pleadings, forms and proceedings of the Courts of Record of this State, and to provide, as far a practica ble and expedient, that justice shan be adnuu-y istered by intelligent and uniform proceeding without any distinction between law and equity.' Skc.2. The proceedings of the Commissioners shall be reported to the General Assembly and' be subject to the action of that body. . i ARTICLE XW MiscELLASEOcs. . Section I. The first General Assembly shall locate the permanent seat of government. Src 2. Lotteries and the sale of lottery tick' et for any purpose whatever, shall forever be prohibited in the State. Sec 3. No person shall be elected or appoint-. ed to any office in this Stat unless they possess the qualification of an elector. Pre. 4. There may be estibfishtd In the Sec retary of State's office a Bureau ofStathrtia an-f Agriculture, under such regulatioas as any be prescribed by law, and provision shall be made by the General Assembly for the organisation) and encouragement of State and County Agri cultural Association. Sec 5. The first General Assembly shall pro vide by law for securing to the wif (be separata property acquired by her before or after eo return and the equal right with the hashand to the cus tody of their children during their minority; and in ease of death, insanity, intemperance, or gross Impropriety of the husband their exclusive euMody.j '!' ' ' ''' -' '' - ' i ARTICLE XVI- Ax7inrE.-rrs to rut Cow-' , SIIIUIJOW. . I . Sectios 1. An propositions for aatendmeato to the Constitution shall be made by the Gsner-. al Assembly. Sec 2. A concurrence of two-third of the members elected to each House shall be nee sary, after which such proposed am end men la shall be entered apon the journals with the yeas and nays, and the Secretary of State shall cans the same to be published In at least one news paper In each county in the State where a news paper is published, for at least sis months pre ceding the next election for Senators sad Rep-' resentatives, when such ptopoeid aiweudment shall be ain referred to the Legislature elect ed next succeeding said publication. If passed by the second Legislature, by a majority of two- tbirdsof the members elected to eaah House, sueh amendment ahall be republished as afore said for at least six month prior to the next general election, at which slection suck seopcav. ed amendments ihall be submitted to the people . for their approval or refection, sad if the major ity af the electors voting ataaek election shall adopt such, asaendments, the same shall become apartof theCsawlitulioiift -r ' Snci 3. When more than eve antnsdraest ia submitted st the same time, they ball be so submitted a to enable the elector to rote upon, each amendment srparatert. ' - Sec 4. No Convention for the formation of a sew Constitarkm shaH be called, and no sawnd ment to tii Constitution hoTl be by the General Assembly made, before the year 1865, nor 1 than j ia five years thereafter.