Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-07-25

from Tue operations OF TINS act 10 WIZ beginning
at point on the western boundary OF the State
of Missouri, where the thirty parallel of
north Latitude crosses the same; thence west on
said parallel to the eastern boundary of New
Mexico; thence north on said boundary to lati-
tude thirty-eight thence following said bound
AIRY westward to the east boundary Of the Terri
| tory of Utah, on the summit of the Rocky Noun
! tains; thence northward on said summit to the
fortieth parallel of latitude; thence east on said
parallel to the western boundary Of the State Of
Missouri; thence south with the western bound
airy of said State 10 the place of beginning, be,
and the same is hereby, created into temporary
Government by the name of the Territory of
| Kansas ! and when admitted as State or States,
the said Territory, or any portion Of the same,
shall be received intothe Union with or without
slavery, as their Constitution may prescribe at
the time of their admission: Propided, That
nothing in this act contained shall be construed
to nhbt the Government Of the United States
| from dividing said Territory into two or more
Territories, in such manner and at such times as
| Congress shall deem convenient and proper or
from attaching any portion of said Territory to
any other State or Territory of the United States
Propided, further, That nothing in this act con-
tanned shall be construed to impair the rights
| of person or property now pertaining to the
Indians in said Territory, so long as such rights
shall remain unextinguished by treaty between
| the United States and such Indians, or to include
| any territory WHICH, Dy treaty WIN any lnulan
tribe is not without the consent of said tribe, to
be included within the territorial limits or jurs-
1 diction of any State or Territory; but all such
territory shall be excepted out of the boundaries,
and constitute no part of the Territory of Kansas,
until said tribe shall signify their assent to the
| President of the United States to be included
within the said Territory of Kansas or to affect
| the authority of the Government of the United
States to make any regulation respecting such
Indians, their lands, property, other rights, by
| treaty, law, or otherwise which it would have
been competent to the Government to make if
this act had never passed.
SEC. 20. lind be IL further enacted, That the ex-
ecutive power and authority in and over said
Territory of Kansas shall be vested in Govern
| or, who shall hold his Office for four years, and
until his successor shall be appointed and quail
fed, unless sooner removed by the President Of
the United States. The Governor shall reside
within said Territory, and shall be commander
| in-chief of the militia thereof. He may grant
pardons and respites for offences against the laws
of said Territory, and reprieves for offences
| against the laws of the United States, until the
/ decision of the President can be made known
thereon; he shall commission all officers who
| shall be appointed to Office under the laws of
| the said Territory, and shall take care that the
laws be faithfully executed.
i SEC. 81. And be 1t further enacted That there
shall be Secretary of said Territory, who shall
reside therein, and hold his Office for five years,
unless sooner removed by the President of the
United States; he shall record and preserve all the
laws and proceedings of the Legislative Assembly
hereinafter constituted, and all the acts and pro-
ceedings of the Governor in his executive de-
/ partment he shall transmit one copy of the laws
and journals of the Legislative Assembly within
thirty days after the end of each session, and one
| copy of the executive proceedings and official
correspondence semi-annually, on the first days of
/ Too, I,l.r - he
of the United States and two copies of the laws
| to the President of the Senate and to the Speak
err of the House of Representatives, TO be deposit
/ ed in the libraries of Congress, and, in case of
the death removal resignation, or 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 absence,
or until another Governor shall be duly appoint
ed and qualified to fill such vacancy.
SEC. o. And be IL further enacted, That the legis
lative power and authority of 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 twenty-six 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: Procidcd,
That the whole number shall never exceed thirty
nine. An apportionment shall be made, as nearly
| equal as practicable among the several counties
i 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-
sentatiyes shall reside in and be inhabitants OF,
the district county, or counties, for which they
may be elected, respectively. Previous TO the
| first election, the Governor shall cause a 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 1
the first election shall be held at such time and
places, and be conducted in such manner, both
as to the persons who shall supcrintend 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; Prorifsd,
That in case two or more persons voted for shall
have an equal number Of votes, and in case.a 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 APP
| point; but thereafter, the time, place, and man
ner Of holding and conducting all elections by
the people, and the apportiening the representa-
! ton in the several counties or districts to the