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4- . yfrik&& f i 7qL. M'LLER, EDITOR AXD PUBLISHER. ) THE CONSTITUTION AND THE UNION. i TERMS $J.0O PER mm, it ADT1XCE. VOLUME III. NUMBER 12, j WHITE CLOUD, KANSAS, THURSDAY, SEPTEMBER 1, 1859. WHOLE NUMBER, 116. AIT HI Jlu iffttflfffl " C3SSTTruri02r or THI STATE OF KANSAS. Adopted at Wyandotte, Jalv 89th, 1939. ORDINANCE. Wiereas, Tbe Government of the Uni te States is the proprietor of a large por tion of the Ln1 included in the limit .! ,h, Stite of Kansas as defined by this iwitutim : and whereas the State of lais will possess the right to tax said jia'.s fur purposes of gorernment, and for other purposes ; Now, therefore, be it 0.iiaed by the people of Kansas, that j. right of the State of Kansas to tax fo hUnls, is relinquished forever, and tK State of Kansas will not interfere vith the title of the United States to such IinU, nor with any regulation of Cou pe is relation thereto, nor tax non-res-ilnts high-r than residents : Provided iV7Sthit the following conditions be icel to by Congress : "Secthiv'I. Sections nnnihered sixteen ml thirty-six in each Township in the Sute. including Indian reservations and Trcs: lands, shall be granted to the State forthe exclusive use of Common schools; inl when either of said sections or any Dirt thereof, has been disposed of, Other jnlsol equal vaiue. as nenny 1-0111111 m thereto as posible, shall he Mihstitu tel therefor. 2. That seventy two sections of hn 1 khall-be granted to the State for the eicction and maintenance of a State Uui-Yfr-itv. Sec. 3. Tint thirty-six sections shall i granted to the State for the erection ot public buildings. Sec. 4. That seventy-two sections shall U granted to the Stat for the erection tot mmtnan',e of charitable and benev olent institutions. Sec. 5. That all salt springs, not ex (eiliiig twelve in number, with six see Ihh rf land adjacent to each, together with all mines, with the lands necessary fir their full nse, shall be granted to the Stale fur works of public improvement. Sec. 6. That five per centum of the p'OMfrls of the public lands in Kansas, tii'jwd of after the afmision of the , H'.iKrato the Union, shall bo paid to the State for a fund, the income of which ' be used for the support of Common Schools. See. 7. That the Five Hundred Thou wl scr of L ind to which the State is atit'e I mder the Act of Congress enti tle! "An A-t to appropriate the proceeds of the sale-t if public lands and grant pre-emption ilils," approved September 4:h, lbl, shii; be granted to the State for the sup;.. o t of Common Schools. See. 8. That the lands hereinbefore mentioned shall be selected in such man ner as may be prescribed by law; such se lections to be subject to the approval of !? Commissioner of the General Land Offi of the United States. PREAMBLE. We, the people of Kansas, grateful to Almighty God, for our civil and reli pious privileges, in order to insure the full enjoyment of onr rights as Ameri can citizens, do ordain and establish this Constitution of the State of Kan- 'th the following boundaries, to it: Beginning at a point on the wes ters boundary of the State of Missouri, here the thirty-seventh parallel of north latitude crosses the same; thence running west on said parallel to the twenty-fifth meridian of longitude west from Washington; thence north on 6aid eridian to the fortieth parallel of north latitude; thence east on said par allel to the western boundary of the State of Missonri ; thence South with the western boundary of said State to 'he place of beginning. BILL OF RIGHTS. Sec. 1. All men are possessed of equal w'i inalienable natural rights, among nich are life, liberty, and the pursuit of "Ppiness. . fcec. 2. All Political Tl furor ic intinront ' the people, and all free covcrnments founded on their authority, and are jn'titnted for their equal protection and nefit X0 Fpec;ai pr;nit.gM or ininin. shall ever be granted by the Legis inre, wafh may not be altered, revoked, w repealed hy the same body; and this uau be exercised by no other tri lUul or agency. icm3' .The Penpk nave the right to mbl. in a pea.-e.ble manner, to con- lor their common good, to instruct ' ir representatives. nd to petition the L;i"ln"'nt-or nnv department thereof. 4e redress of grievances. , 4. The people have the right to la'r rm,i.fr their defence and security, andmg armies, in time of peace, are ferons to liberty, and shall not be tol M . and the military shall be in strict 8cJ.nation to the civil power. k 'nrtoU(The "ght f lr'al hj "ary 8lia11 ftk St 6 There Ka11 be no s,aver7 in n ' fe nl no involuntary servitude, hLf , tha Pnishment of crime, fSd party sba11 havo been Aaj evet V dicUtes of conscience shall le rw '"fnpged: "or sbn ny person fy;1'61 to attend or support any iuteJ nr S8 nT contro' ' enee 1 " " With the rights of con WVii J,,rra;,tedt no"" ny preference bLZ 7 ,,w t0 ny religions estab fcoi? T mo(3e of worship. No reli-reon- "rProPerty qualification shall "redforany offioftrnst, nor for any vote for any election, nor shall any person be incompetent to testily on ac count of religious belief. Sec. 8. The right to the writ of haltat corpvt shall not be suspended, unless the public saiety requires it in case of invasion or rebellion. oec. . ah persons snail ne bailable by sufficient sureties, except for capital offences, where proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines im posed, nor cruel or nunsual punishment inflicted. See. 10. In all prosecutions, the accu sed shall bs allowed to appear and defend in person, or by counsel J to demand the nature and cause of the accusation against him ; to meet the witnesses face to face, and to have compulsory process to cnmpel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the County or district in which the offence is alleged to have been com mitted. No person shall be a witness against himself, or be twice put in jeop ardy for the same offence Sec. 11. The liberty of the press shall, be inviolate; and all persons may freely I speaK, write or puniisii ineir sentiments on all subjects, being responsible fur the abuse ot sue ri ntit ; ana 111 nil civil or criminal actions for libel, the truth 111 iv be given in evidence to tbe jury, and if it shall appear that the alleged libellous matter was published for justifiable ends, the accused party Khali be acquitted. Sec. 12. N' person nIi1 I be transport ed from the State for any offence commit ted within the same, and no convietion in the Stat" shall work s corruption of blood, or forfeiture of 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 of treason unless on the evidence of two witnesses to tho overt act, or confession in open court. Sec. 14. No soldier shall, in time of peace, le qnartered in any house without the consent of the occupant, nor in time of war, pscept as prescribed by law. Sec. lo. lhe right of the people to be secure in their persons and property against unreasonable searches and seiz ures, shall be inviolate ; .and no warrant shall issue but on probable cause, sup ported by oath or affirmation, particularly describing the place to be searched, and the persons or property to be seized. Sec. 16. No person shall be imprisoned for debt except in cases of fraud. Sec. 17. No distinction shall ever be made between citizens and aliens in refer ence to the purchase, enjoymenut or de scent of property. Sec. 18. All persons, for injuries suffer ed in person, reputation, or property, shall have remedy by due course of law, and justice administered without delay. Sec. ly. o hereditary emoluments, honors, or privileges shall ever be granted or conferred by the State. Sec. 20. This ennmeration of rights shall not be construed to impair or deny others retained by the people ; and all poweis not herein delegated remain with the people. ARTICT.E I. EXECUTIVE. Section 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor, Treasurer, Attorney General, and Super intendent of Public Instruction; who shall be chosen by the electors of the State at the time and place of voting for members of the Legislature, and shall hold their offices for the term of two years from the Second Monday of January, next after their election, and nntil their successors are elected and qualified. Sec. 2. Until otherwise provided by law, an abstract of the returns of every election, for the officers named in the foregoing section, shall be sealed np and transmitted by the Clerks of the Boards of Canvassers of the several Counties, to the Secretary of State, who. with the Lieut. Governor and Attorney General, shall constitute aboard of State Canvas sers, whose duty it shall be to meet at the State Capital on the second Tuesday of December, succeeding each election for State officers, and canvass the vote for such officers, and proclaim the result ; but in case any two or more have an equal and the highest number of votes, the Leg islature shall by joint ballot choose one of said persons so having an equal and the highest number of votes for said of fice. Sec. 3. The snpreme executive power of the State shall be vested in a Governor, who fh-til see that the laws are faithfully executed.' Sec. 4. He may require information in writing from the officers of tbe executive department, upon any subject relating to their respective duties. See. 5. He may, on extraordinary oc casions, convene the Legislature by proc lamation, and shall, at the commencement of every session, communicate in writing such information as he may possess in reference to the condition of 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, he may adjourn the Legis lature to snch time as he may think prop er, not beyond its regular meeting. Sec. 7. The pardoning power shall be vested in the Governor, nnder regulations and restrictions prescribed by law. Sec. 8. There shall be a seal of the State, which shall be kept by the Gover nor, and nsed 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; signal by the Governor, countersigned by the secretary of State, and sealed with the Oreat Seal Sec. 10. No member of Congress, or officer of the State or of the Lnited States, shall hold the office of Governor, except as herein' provided. Sec." 11. In rase of the death, impeach ment, resignation, removal or other dis ability of the Governor, the power and duties of the ofuce for tha residue of the term, or nntil 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 vote only when the Senate is equally divided. The Senate shall choose a President pro tempore, to preside in case of his absence or impeachment, or when he shall hold the office of Governor. Sec. 13. If the Lientenajit Governor, while holding the office of Governor, shall be impeached or displaced, or shall resign or die, or otherwise become inca pable of pei forming the duties of the office, tlie I'resi.lent of the iSenate shall act as Governor nutil the vacancy is filled, or the disability removed : and if the Presi dent of the Senate, for any of the above cguses, shall be rendered incapable of per forming the duties pertaining lo the office ot Governor, the same shall devolve upon the Speaker of the House of Ilepresenta tives. Fee. 14. Sho'ild either the Secretary of State, Auditor. 1 reasnrer. Attorney Gen eral, or Superintendent of Public Instruc tion, become incapable of performing the duties of his office for uny of the causes specified in the thirteenth section of this Article, the Governor shall fill the vacan cy until the disability is removed, or a successor is elected and qualified. Every snch vacancy shall bo filled by election, at the first general election that occurs more than thirty days after it shall have happened ; and the person chosen shall hold the office for the unexpired term. See. 15. The officers mentioned in this article sTiall, at stated times, receive for their services a compensation to bo estab lished by law, which shall neither be in creased nor diminished during the period for which they shall have been elected. Sec. 1G. The officers of the 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 Goivernor, who shall transmit such repoi (Slo the Legis lature. ARTICLE It. LEGISLATIVE. Sec. 1. The Legislative power of this State shall be vested in a House ml Rep resentatives and Senate. Sec. 2. The first House of Representa tives nnder 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, the number of Senators and members of the House of Representatives shall be regulated by law; but shall never 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, and fifteen cents for each mile travelled by the usual route in going to and returning from the place of meeting; but snch compensation shall not in the aggregate exceed the snm of two hundred and forty dollars for each mem ber as per diem allowance for the first session held under this Constitntion, nor more than one hundred and fifty dollars for each session thereafter, nor more than ninety dollars for any special session. 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 resi.lent in, the County or district for which he is elected. Sec. 5. No member of Congress or officer of the United States shall be eligi ble to a seat in the Legislature. If any person after his 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 convicted of embez zlement or misnse of the public funds shall have a seat in the Legislature, Sec. 7. All State officers before enter ing npon their respective duties, shall take and subscribe to an oath or affirmation to support the Constitution of the United States and the Constitution of this State, and faithfully to discharge the duties of their respective offices. Sec. 8. A majority of each House shall constitute a quorum. Each House shall establish its own rules ; and shall be judge of the elections, returns and quali fications of its own members. Sec. 9. All vacancies occurring in either House shall be filled for the unexpired term by election. Sec." 10. Each noose shall keep and publish a journal of its proceedings. The yeas and nays shall be taken and entered immediately on the journal, npon the final passage of "every bill or joint resolntion. Neither House, without the consent of the other, shall adjourn for more than two days, Sundays excepted. See. 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 jonrnaL Sec. 12. All bills shall originate in the House of Representatives, and be snbject to amendment or rejection by the-Senate. Sec. 13. A majority of all the members elected to each House, voting in the affir mative, shall be necessary to pass any bill or joint resolntion. See. 14. Every bill and joint resolntion passed by the Honse of Representatives and Senate, sbH, within two day? there after, be signed by the presiding officers, and presented to the Governor. If he approve, he shall sign it j bnt if not, he shall return it to the House of Represen tatives, which shall enter the objections at large npon its journal and proceed to re-consuler the same. Jl, alter such re consideration, two-thirds of the members elected shall agree to pass the bill or res olution, it shall be sent, 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. 13at in all such cases, the votes shall be taken by yeas and nays, and entered npon the journals of eaeh House. If any bill shall not be re turned within three days, (Sundays ex cepted.) after it shall have been presented to the Governor, it shall become a law in like manner at if he hail signed it, unless the Legislature, by its adjournment, pre vent its return, in which case it shall not become a law. Sec. 15. Every bill shall be read on three successive days in each House, un less in case of emergency. Two-thirds of the Honse where such bill is pending may, if deemed expedient, suspend the rules ; but the reading of the bills by sections, on its final passage, shall in no case be dispensd with. Sec. IG. No bill shall contain more than one subject, which shall be clearly expressed in the title, and no law shall be revived or amended, unless the new act contain the entire act revived, or the sec tion or sections amended, and the section or sections so amended shall be repealed. Sec. 17. All laws of a general nature shall have a uniform operation throughout the Mate ; and in nil caes where a gen cral law can be made applicable, no spe cial law shall be enacted. Sec. 18. All power to grant divorces is vested in the District Courts, subject to regulation liv law. Sec. 19. The Legislature shall prescribe the time when its acts shall be in force, and shall provide for therpeedy publica tion of the same; and no law of a gen eral nature shall be in force until the same be published. It shall have tho power to provide for the election or appointment of all officers, and the filling ol all vacancies not otherwise provided for in this Con stitution. See. 20. The enacting clause of all laws shall be "Be it enacted by the Leg islature of the State of Kansas ;" and no law shall be enacted except by bill. See. 21. The Legislature may confer upon tribunals transacting the County business of the several Counties, such powers of local legislation and adminis tration as it may deem expedient. hec. 22. r or any speech or debate in either Honsp, the members 6hall not be 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 during the continuance of the session ; neither shall he be snbject to the service of any civil process during the session, nor for fifteen days previous to its commencement. Sec. 23. The Legislature, in providing for the formation and regulation of schools, shall make no distinction be between the rights of males and females. See. 24. No money Shall bo drawn from the treasury, except in pnrsnance of a specified appropriation made by law, and no appropriation shall be for a longer term than one year. Sec. 25. All sessions of the Legisla ture shall be held at the State Capital, and all regular sessions shall commence annually on the second Tuesday of Jan 'nary. See. 26. The Legislature shall provide for taking an enumeration of the inhabi tants of the State at least once in ten years. The first enumeration shall beta ken in A. D. 1SG5. See. 27. The Honse of Representatives shall hive the sole power to impeach. All impeachments shall be. tried by the Senate; and when sitting for that pnrpose, the Senators shall take oath to do justice according to the law and the evidence. No person shall be convicted without the concurrence of two-thirds of the Senators elected. See. 28. The Governor and all other officers nnder this Constitntion, shall be snbject to impeachment for any misde meanor in office ; but judgment in all snch cases shall not be extended further than to removal from office and disquali fication to hold any office of profit, honor or trust under the Constitution ; but the party, whether acquitted or convicted, shall be liable to indictment, trial, judg ment and pnnishment, according to law. ARTICLE III. JUDICIAL. See. 1. The Judicial power of this State shall be vested in a snpreme court, district courts, probate courts, justices of the peace, and such other courts, inferior to the snpreme conrt, as msy be provided by law ; and all courts of record shall have a seal, to be nsed in the authentica tion of all processes. See. 2. The snpreme conrt shall con sist of one chief jnstiee and two associate justices, (a majority of whom shall con st itnte a quornm, ) who shall be elected by 77 the electors of the State af ylarge, and whose term of office, after U first, shall be six years. At the first election, a chief jnstiee shall be chosen for 6ix years, one associate justice Tor four years, and one for two years. Sec. 3. The snpreme conrt, shall have original jurisdiction in proceedings in quo warranto, mandamns, and habeas corpus; and snch appellate jurisdiction as may be provided by Jaw. It shall hold one terra eaeh year at the seat of government, and such other terms at such places as may be provide I by law, and its jurisdiction shall be co-extensive with the State. Sec. 4. There shall be appointed, by the justices of the snpreme court, a re porter and clerk of said court, who shall hold their offices two years, and whose duties shall be prescribed by law. Sec. 5. The State shall be divided into five judicial district', in each of which there shall be elected, by the electors thereof, a district judge who shall bold his office for the term of four years. District courts shall be held at such times and places as may be provided bv law, Sec. G. The district courts shall have such jurisdiction in their respective dis tricts as may be provided by law. Sec. 7. There shall be elected in each organized County, a clerk of the district court, who shall hold his office two years, and whose duties shall be prescribed by law. Sec. 8. There shall he a probate court in each County, which shall be a court of record, ami have snch probate jurisdiction and care of estates of deceased persons, minors, and persons of nnsonnd minds, as may be prescribed by law; and shall have jurisdiction in cases of habeas corpus 1 his court shall consist of one judge, who shall be elected by the qualified voters of the Lonnty, and hold his office two years, He shall be his own clerk, and shall hold conrt at such times and receive for com pensation such fees, as may be prescribed hy law. Sec. 9. Two justices of the peace shall be elected in each township, whose term of office shall be two rears, and whose powers and duties shall bo prescribed by law. 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 conrt. See. 11. All the judicial officers pro vided for by this article shall be elected at the first election under this Constitution, and shall reside in their respective town ships, Connties, or districts during their respective terms of office. In case of va cancy in any judicial office, it shall be filled by appointment of the Governor nntil the next regular election that shall occur more than thirty days after such vacancy shall havo happened. Sec. 12. All judicial officers shall hold their offices nntil their successors shall have been qnalificd. Sec. 13. The justices of the snpreme court and judges of the district conrts 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 : Provided, such compensation shall not be less than fifteen hundred dol lars to each justice or judge, each year, and such justices or judges shall receive no fees or perquisites, nor hold any other office of profit or trnst nnder the authori ty of the State, or the United States, du ring the term of office for which such jus tices or judges shall be elected, nor prac tice law in any of the conrts in the State during their continuance in office. Sec. 14. Provision may be made, by law, for thelncrease of the number of ju dicial districts whenever two-thirds of the members of each House concur. Such districts shall be formed of compact ter ritory and bonnded by County lines, and snch increase shall not vacate the office of any jndge. See. 15. Justices of the snpreme conrt and judges of the district conrts may be removed from office by resolution of both Houses, if two-thirds of the members of each Honse conenr. But no such remov al shall be made except npon complaint, the substance of which shall be entered npon lhe jonrnal, nor nntil the party charged shall have had notice and oppor tunity to be heard. See. 16. The several justices and judges of the courts of record in this State shall have such jurisdiction at chambers as is provided by law. See. 17. The style of all processes shall be The State of Kansas ;' and all pros ecutions shall be carried on in the nam? of the State. Sec. 18. Until otherwise provided by law, the first district shall oonsist of the Connties of Wyandotte, Leavenworth, Jefferson and Jackson. The second dis trict shall consist of the Connties of Atch ison, Doniphan, Brown, Nemaha. Mar shall aud Washington. Tbe third district shall consist of the Connties of Potta watomie, Riley, Clay, Dickinson. Davis. Wanbonsa and Shawnee. The fourth district shall consist of the Connties of Donglas, Johnson, Lykins, Franklin, Anderson, Linn, Bourbon and Alien. The fifth district shall consist of the Connties of Osage, Coffey, Woodson, Greenwood, Madison, Breckenridge, Morrts, Chase, Bntler and Hunter. Sec. 19. New or unorganized Coun ties shall, bylaw, be attached for j'udicial purposes to the most convenient judicial district. Sec. 20. Provision shall be made by law for the selection, by the bar, of a pro tern, judge of the district conrt, when the judge is absent or otherwise nnable or disqualified to 6it in any case. ARTICLE IT. ELECTIONS. Sec. 1. All elections by the people shall be by ballot, and all elections by the Legislature shall be viva voce. Sec. 2. General elections shall be held annually on the Tnesday succeeding the first Monday in .November, lownship elections shall be held on the first Tues day in April, nntil otherwise provided by law. ARTICLE V. 8CFFRAOE. Sec. 1. Every white male person of twenty-one years and npwards, belonging to either of the followinz classes who shall have resided in Kansas 6ix months next proceeding any election, and in the township, or ward in which he offers to vote, at least thirty days next preeeeding snch election, shall be deemed a qualified elector : 1st, Citizens of the United States ; 21, Persons of foreign birth who shall have declared their intention to be come citizens conformably to the laws of the Lnited States on the subject of nat uralization. Sec. 2. No person under guardianship. non compos mentis or insane, shall be qualified to votej nor any person convic ted of 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 allies, shall be deemed to have acquired a residence in the State in con sequence of being stationed within the same, nor shall any soldier, seaman or marine have the right to vote. See. 4. The Legislature shall pnss such laws as may be necessary for ascer taining by proper proofs, the citzens who shall be entitled to the right of suffrage hereby established. Sec. 5. Every person who shall give or accept a challenge to fight a duel, or who shall knowingly carry to another person such challenge, or shall go ont of the State to fight a duel, shall be ineligi ble to any office of trust or profit. Sec. 6. Every person who shall have given or offered a bribe to procure his election, shall be disqualified from holding office during the term for which ho 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, fel ony, or breach of the peace. ARTICLE TI. EDCCATIOS. Sec. 1. The State Superintendent of Public Instruction shall have the general supervision of the common school funds and educational interest of the State, and perform snch other duties as may be pre scribed by law. A Superintendent of Public Instruction shall be elected in each County, whose term of office shall be two years, and whose duties and compensation shall be prescribed by law. Sec. 2. The Legislature shall encourage the promotion of intellectual, moral, sci entific and agricultural improvement, by establishing a nniforra system of common schools, and schools of a higher grade, embracing normal, preparatory, collegiate and university departments. Sec. 3. 1 he proceeds of all lands that have been, or may be granted by the Uni ted States to the State, for the support of schools, and the hve hundred thousand acres of land granted to the new States, under an act of Congress distributing the proceeds of public lands among the sev eral States of the Union, approved Sept. 4, A. D. 1841, and all estates of persons dying without heir or will, and snch per cent, as may be granted by Congress, on the sale of lands in this State, shall be the common property of the State, and shall be a perpetual school fund, which shall not be diminished, bnt the interest of which, together with all the rents of the lands, and snch other means as the Legislature may provide, by tax or other wise, shall be inviolably appropriated to the support of common schools. bee. 4. lhe income of the State school funds shall be disbursed annually, by or der of the State Superintendent, to the sev eral County Treasurers, and thence to the treasnrers of the several school districts, in equitable proportion to the nnmber of children and youth resident therein, be tween the ages of five and twenty-one years ; Provided, That no school district. in whib a common school has not been maintained at least three months in each year, shall be entitled to receive any por tion of such funds. Sec. 5. The school lands shall not be sold unless snch sale shall be authorized by a vote of the people at a general elec tion; but snbject to re-valuation every five years, they may be leased for any nnmber of years not execeeding twenty-five, at a rate established by law. Sec. 6. All money which shall be paid by persons as an equivalent for exemption from military dnty ; tbe clear proceeds of estrays, ownership of which shall vest in the taker np ; and the proceeds of fines for any breach of the penal laws, shall be exclusively applied in the several Coun ties in which the money is paid or fines collected, to the support of common schools. Sec. 7. Provision shall be made by law for the establishment, at some eligi ble and central point, of a State Univer sity, for the promotion of literature, and the arts and sciences, including a Normal and an Agricultural department. All funds arising from the sale or rents of lan I granted by the United States to the State for the support of a State Univer sity, and all other grants, donations or be quests, either by the State or by individ uals,, for snch purpose, shall remain a per petual fund, to be called the "University Fund ;" the interest of which shall be appropriated to the support of the State University. Sec, 8. No religions sect or sects shall ever control any part of the common school or University funds of the Sute. Sec. 9. The 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 quornm. ARTICLE VII. ITBLIC 158TITCT10N3. Sec. 1. Institutions for the benefit of the insane, blind, and deaf and dumb, and such other benevolent institutions as the pn'olic good may require, shall be fostered and supported by the State, subject to such regulations as may Je prescribed by law. Trustees of such benevolent insti tntions as may be hereafter created, shall -be appointed by the Governor, by and with the advice and consent of the Senate; and npon all nominations made by the Governor, the question shall be taken in yeas and nays, and entered npon the jour nal. Sec. 2. A Penitentiary shall be estab lished, the directors of which shall be ap pointed or elected, as prescribed by law. Sec. 3. The Governor shall fill any vacancy that may occur in the offices aforesaid, nntil the next session of the legislature, and nntil a successor to his appointee shall be confirmed and qualified. Sec. 4. The respective Counties of the State shall provide, as may be prescribed by law, for those inhabitants, who, by reason of sge, infirmity, or other misfor tune, may have claims npon the sympathy and aid of society. ARTICLE VIII. MILITIA. Sec. 1. Hie Militia shall be composed of all able bodied white male citizens between the ages of twenty-one and forty five years, except snch as are exempted by the laws of the United States, or of this State ; bnt all citizens of any religions' denomination whatever, who, from scru ples of conscience, may be averse to bear ing arms, shall be exempted therefrom, npon snch conditions as may be prescribed by law. Sec. 2. The Legislature shall provide: for organizing, equipping and disciplin ing the Militia in such manner as it shall deem expedient not incompatible with the laws of the United States. Sec. 3. Officers of the Militia shall be elected or appointed, and commissioned in snch manner as may be provided by law. Sec. 4. The Governor shall be Commander-in-Chief, and shall have power to call ont the Militia to execute the laws, to suppress insurrection, and to repel in vasion. ARTICLE IX. COCNTT ASO T0W58HIP OROASI2ATI03I. Sec. 1. The Legislature shall provide" for organizing new Counties, locating County seats, and changing County lines, bnt no County seat shall be changed with out the consent of a majority of the elec tors of the County ; nor any County or ganized, nor tho lines of any Connty changed so as to include an area of less than four hnndred and thirty-two square miles. Sec. 2. The Legislature shall provide for such Connty and township officers as may be necessary. Sec. 3. All County officers shall hold their offices for the term of two years, and until their successors shall be qualified ; but no person shall hold the office of sheriff or Connty treasurer for more than two consecutive terms. Sec. 4. Township officers, except jus tices of the peace, shall hold their offices' for one year from the Monday next suc ceeding their election, and nntil their suc cessors are qualified. Sec. 5. All Connty and Township of ficers may be removed from office, in such' manner and for snch canse, as shall br prescribed by law. ARTICLE X. APFOBTIOMMEST. Sec, 2. In the future apportionment of the State, each organized Connty shall have at least one Representative; and each" County shall be divided into as many Districts as it has Representatives. Sec. 2, It shall be the duty of the first Legislature to make an apportionment, based npon tbe census ordered by tbe last Legislative Assembly of the Territory ; and a new apportionment shall bo made in the year I860", and every five years thereafter, based npon the census of the preceding year. Sec. 3. Until there shall be a new ap portionment, the State shall be' divided! into Election Districts, and the Repre sentatives am! Senators shall be appor tioned among the several D&tricts as fbl lows, via : Dist. Rep- Sens 1st. Doniphan, 4 9 2d. Atchimn and Brown, 6 3 3d. Nen aha, Marshall and Wellington, 2 I 4th. Clav, Riley and Potawatomie, 4 1 5th. Dickimoo, Davis and Wtaboniw, 3 1 6h. Shrwnee, Jackson and Jefferson, 8 3 7th. Lesrenwortb, 9 3 8tb. Douglas, Johnson and Wyandotte, 13 4 9th. LrkiM, Linn and Bbnrbon, 5 3 10th. Allen, Anderson and Franklin, ' t 11th. Woodson and Madison, -8 1 12th. Coffey, OMge and Breckenridge, 6 . i 13th. Morris, Chase and Bntler. 3.1 Mth. Arapaho, Godfrey, Greenwood. If miter, Wilmn, Dom and Mi-Gee.1 I. 3 -.Si i i ;?i '