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White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, September 01, 1859, Image 1

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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.
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