The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-07-27


to the President of the Senate and to the Speak
er of the House of Representatives, to be deposit
ed in the libraries of Congress, and, in case oil
the death, removal, resignation, absence of the
Governor from the Territory, the Secretary shall
be, and he is hereby, authorized and required to
execute and perform all the powers and duties OF
the Governor during such vacancy or absence,
or until another Governor shall be duly appoint
ed and qualified to fill such vacancy.
SEC. % And be ii further enacted, That the legls-
.lative power and authority II said Territory shall
be vested in the Governor and Legislative As
sembly. The Legislative Assembly shall consist
of Council and House of Representatives. The
Council shall consist of thirteen members, hav-
ing the qualifications Of voters, as hereinafter
prescribed whose term of service shall continue
two years. The House of Representatives shall,
at its first session, consist of twentysix members,
possessing the same qualifications as prescribed
for members of the Council, and whose term OF
service shall continue one year. The number of
Representatives may be increased by the Legis-
lative Assembly from time to time in proportion
to the increase of qualified voters: PrOUided,
That the whole number shall never exceed thirty
nine. An apportionment shall be made, as nearly
equal as practicable, among the several counties
or districts, for the election of the Council and
Representatives, giving to each section OF the
Territory representation in the ratio of its quail
fed voters as nearly as may be. And the mem
bers of the Council and of the House of Repre-
sentatives shall reside in and be inhabitants of,
the district or county, counties, for which they
may be elected, respectively. Previous to the
first election, the Governor shall cause census
or enumeration of the inhabitants and qualified
voters of the several counties and districts of the
Territory to be taken by such persons and in
such mode as the Governor shall designate and
appoint and the persons so appointed shall re-
ceive reasonable compensation therefor. And
the first election shall be held at such time and
places and be conducted in such manner, both
as to the persons who shall superintend such
election and the returns thereof, as the Governor
shall appoint and direct; and he shall at the
same time declare the number of members of the
Council and House of Representatives to which
each of the counties districts shall be entitled
under this act The persons having the highest
number of legal votes in each Of said Council
districts, for members of the Council shall be de-
clared by the Governor to be duly elected to the
Council; and the persons having the highest
number of legal votes for the House Of Repre-
sentatives, shall be declared by the Governor to
be duly elected members of said House PrOpided,
That in case two or more persons voted for shall
have an equal number of votes, and in case va
cAncy shall otherwise occur in either branch OF
the Legislative Assembly, the Governor shall or
der new election; and the persons thus elected
to the Legislative Assembly shall meet at such
place and on such day as the Governor shall ap-
point; but thereafter, the time, place, and man
ner of holding and conducting all elections by
the people, and the apportoning the representa-
ton in the several counties or districts to the
Council and House of Representatives, according
to the number of qualified voters, shall be pre-
scribed by law, as well as the day of the COM
mencement of the regular sessions of the Legis-
lad Of IN
one year shall exceed the term of forty days. except
the first session, which may continue sixty days,
SEC. %. And be 1t further enacted, That every
free white male inhabitant above the age of TWEEN
ty-one years, who shall be an actual resident OF
said Territory and shall possess the qualifications
hereinafter prescribed, shall be entitled to vote at
the first election, and shall be eligible to any
office within the said Territory; but the qualif-
cations of voters, and of holding Office, at all
subsequent elections, shall be such as shall be
prescribed by the Legislative Assembly: ProUided
That the right of suffrage and of holding Office
shall be exercised only by citizens of the United
States, and those who shall have declared on
-oath their intention to become such, and shall
have taken an oath to support the Constitution
of the United States and the provisions of this
act And propded further, That no officer, soldier
seaman, marine, or other person in the army OF
navy of the United States, or attached to troops
in the service Of the United States, shall be al
lowed to vote or hold office in said Territory, by
reason of being on service therein.
SEC. "a. And be IL further enacted That the legis-
lative power Of the Territory shall extend to all
rightful subjects of legislation consistent with
the Constitution of the United States and the
provisions of this act but no law shall be passed
interfering with the primary disposal of the soil
no tax shall be imposed upon the property of the
United States nor shall the lands or other prop
erty of non-residents be taxed higher than the
lands or other property of residents. Every bill
which shall have passed the Council and House
of Representatives of the said Territory, shall
before it become a law, be presented to the Gov
ernor of the Territory; if he approve he shall
sign it but if not he shall return it with his OBJ
jections to the House in which it originated, who
shall enter the objections at large on their jour
nal, and proceed to reconsider it. II, after such
reconsideration, two-thirds Of that House shall
agree to pass the BILL it shall be sent, together
with the objections, to the other House, by which
it shall likewise be reconsidered, and if approved
by two-thirds of that House, it shall become
law. But in all such cases the votes of both
Houses shall be determined by yeas and nays, tC
be entered on the journal of each House, respect
lively. If any bill shall not be returned by the
Governor within three days Sundays excepted
after it shall have been presented to him, the same
shall be law in like manner as if he had signed
it, unless the Assembly, by adjournment, pre-
vent its return, in which case it shall not be law
SEC. 25. And be 1t further enacted, That all town
ship, district, and county officers not herein 9TH
erwise provided for, shall be appointed or elected
as the case may be, in such manner as shall bC
provided by the Governor and Legislative Assem-.
bly, of the Territory of Kansas. The Governor
shall nominate, and, by and with the advice and
consent of the Legislative Council appoint al
officers not herein otherwise provided for; and il
the first instance the Governor alone may appoint
all said officers, who shall hold their offices unit
the end of the first session Of the Legislative
Assembly; and shall lay off the necessary dis
tricts for members Of the Council and House O
Representatives and all other officers.
SEC, &c. And be 1t further enacted, That no mem.
Der of the Legislative Assembly shall hold, or be
appointed to- any Office which shall have beer
created, or the salary or emoluments of which
shall have been increased, while he was a mem.
Der, during the term for which he was elected
and for one year after the expiration of such
term; but this restriction shall not be applicable
to members of the first Legislative Assembly
and no person holding commission or appoint.
ment under the United States, except postmasters
shall be member of the Legislative Assembly
or shall hold any Office under the Government o
said Territory.
Sec 81. And be IL further enacted, That the in.
dicial power of said Territory shall be vested il
a Supreme Court, District Courts, Probate Courts
and in Justices of the Peace. The Suprem,
Court shall consist of Chief Justice and two
Associate Justices, any two of whom shall con
stitute quorum, and who shall hold term a
the seat of Government of said Territory annu.
ally; and they shall hold their Offices during the
period of four years, and until their successor
shall be appointed and qualified. The said Ter
rtory shall be divided into three judicial districts
and District Court shall be held in each of sale
districts by one of the Justices of the Supremt
Court, at such times and places as may be pre-
scribed by law; and the said Judges shall, afte