The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-07-31

MIR. Dunn's, Substitute Haii ZOE '"e
rs Il Passed the Hcase Of Representatives
JuIv 10. is Sc, by a Vote Of So 10 !4'

Mr. Dunn's,. Substitute Bal for the senate'
as II Passed the Hcrsse Of Representatives
July 10, 1856, by a Vote Of IS 10 74'
A BILL TO aEoRaANzE THE TERRIroRY OF KANSAS
ANB FOR OTHER PURPOSES.
Re il cnatsd by the Senate and House OF Representa-
,ves Of the United States Of America in Congress assem-
HE'D That all that part of the territory Of the unted
states which lies between parallels Of thrtys de
yrees and thirty minutes and forty degrees OF north a
,Sa and which is east Of the eastern boundary OF inc
Territory of Deserct to the southeast corner thereo I'd
east of line thence due south to the SAID para el Of
thirty six degrees thirty minutes north iauuue and is
bounded on the by the western oonno airy OF the
State Missouri shall constitute one erfto y ana sha
he and hereby is constituted and org en,z.d into tenn
torary the name Of the Territory OF Kan
sas Provided That nothing IN this act shall be SO con-
srued as to impair or IN any way interfere WIN. Tue tgus
Indian tribes now within said limits, which nave been
heretofore secured 70 such Indian or tribes BY any treaty
or Congress long such rights or government
shall remain unaffected by laws of Congress to be passed.
or treaties be made after the passage OF this act Nor
shall anything herein contained impede or otherwise
affect the authority of the of the United States
make any regulations respecting sucn INDIANS, their
government property, or other rights, by law treaty or
otherwise hereafter which II would nave been npe
tent the government OF the United States TO MAKE
Ibis act had passed. And provided further, That
nothing in this contained shall be construed to pro-
hbit the government Of the United States from hereafter
dividing said territory of Kansas into two or more States
Territories in such manner and at such time or times
as Cor shall deem convenient and proper, or from
attaching all any portion thereof 10 any other State
Territory Of the United States except TO such as by
law or usage may at the time tolerate the institution OF
SIC q And be it further enacted That the executive
power and authority in and over said Territory OF Kansas
shall be vested in governor who shall hold bis Office for
four years. and until his successor shall be appointed and
qualified. unless removed by the President OF the
United States The Governor shall reside within said Terri
tory. shall be commander in chief OF the militia thereof
shall perform the duties and receive the eouments of
Superintendent of Indian Affairs, and shall approve OF all
legislative assembly before they shall
take effect unless two thirds OF each branch Of the legs
ature shall pass such law notwithstanding the objection
such governor hereinafter provided he may grant
pardons TOR offences against the laws OF SAID Territory
and repreves for offences against the laws o. the United
States until the decision OF the President De made
known thereon he shall commission all officers who sha
be appointed Office under the laws of the saic Terri
tory and shall take care that the laws be faithfully exc
cuted
SEC And be further enacted, That there shall be
secretary Of said Territory, who shall reside therein
and hold his Office for four years unless sooner removed
by the Presdtn 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
ceedipgs of the governor in his executive department. he
shall transmit six copies Of the laws and journals OF the
legislative assembly within sixty days after the end OF
each session. and also six copies Of the executive proceed
ngs before the first day OF December in each year
the President OF the United States for the of the
President and the executive departments and the
time, twelve copies of each OF said documents TO the
Speaker al the House of Representatives, and the like
number 10 the President of the Senate Tor the OF Con-
gress. And in CT the death, removal resignation,
other necessary absence OF the governor from the Ter
rtory the secretary shall have, and he is hereby
thorized and required 10 execute and perform, all the
powers and duties of the governor during such vacancy
necessary absence until another governor shall be
duly appointed to nll such vacancy.
SIC T. And be ii further enacted That the legislative
power and authority said Territory shall be vested in
the and legislative assembly The legislative
assembly shall consist OF council and house OF repre-
sentaiives The council shall consist Of thirteen mem
bers having the qualifications OF voters hereinafter
prescribed. whose term OF service shall continue two
years The house of representatives SHALL irst
session, consist of twenty six members possessing the
same qualifications pre- crbed for members OF the
council, and whose term OF service shall con
trnue year. The number of representatives
may be increased by the Legislative assembly
from time TO time, in proportion to the increase Of
population Provided, That the whole number shall
exceed Dirty nine An apportonment shall be made
uea " equal as practicable among the several coan.
districts for the election OF the council and repre-
senatves giving TO each section OF the Territory
seLauon IN the ratio of its population Indians not citizens
az the United states excepted nearly may be- And
the members of the council and OF the house OF 'epre
seDsyes at and for two months b. fore the time Of their
election and during their term Of service shall reside in
and be inhabitants Of the district for which they may Dc
elected respectively and shall have been actual residents
81 ssid Territory for one next before such election
The st election under this act shall be held Tuesday
after the first Monday in November next, and the rst
Monday in August annually thereafter, at such places,
aud he conducted such manner the governor shall
appoint ard direct until further provision by law;
be shall at the same time declare the number of mem
hers OF The representatives, which
zach Of the counties datrcs shall be entitled under
ths act The number OF persons authorized 10 be clece
bavng the highest number of legal votes in each OF
tared by The governor 10 be duly ee ted TO the coupr
and the persons authorized 10 he elected having
the greatest number OF legal votes for the house repre-
sentafves, equal TO the number to which each county
district shall be entitled shall be declared by the Cover
10 be duly elected mbers OF the house OF repre-
senfaiives Provided That in case Of tie between two
persons voted tor, the governor shall order
election 10 supply the vacancy made bv such tie;
vacancy In either branch Of the legislative assembly
shall Otherwise occur, until otherwise provided by law,
The governor sball order new election, To I'll such
cancy, TO he conducted herein before directed Az
81.
meet at such place, and such day, the g0verLo
sha appoints but thereafter the time place and
holding and conduct ng all elections by people. and
The srportoning the representation in the several coun
ties districts TO the oounc and house Of represent
lives according 10 the population shall be pre- crbcd by
law as well a. the day 81 the commencement OF the regu
lar sessions of the legislative assembly Provided That
session shall exceed the term Of ninety days.
SIC, o And be IL further enacted, That every white
male uhabant being citizen OF the United States above
the age OF twenty years who shall have beer reel
dent Of said Territory at the time Of the passage Of THE
act. sba be entitled TO vote at the nrst elect on; but
thereafter person ba be entitled 10 vote at any cleo
ton who thal not have heen actual resident OF said
Territory for twelve months prior to such election.
poFcr OF the Jorory shall extend ~ all rgbtul subjects
oIerslaon consistent with the constitution OF Tho United
III aud the provisions Of this act but law shall be
passed interfering with the primary disposal Of the soil
TAX hall be imposed upon the property Of toe L. States
shall the lands other properly OF be
deLts. All the laws passed by the legislative assembly
and governor shall bc submitted to the Congress Of the
thta 1ha'1. uisaFpioNtash ah ~ hsA anu W nv
effect.
SIC. And he II further enacted, That all township,
district ard county officers, not herein otherwise pro.
vded for shall be appointed elected the may
be, in such shall be provided by the
legislative assembly Of the Territory o. Kansas The
governor shall nominate and by and with the advice and
consent Of the legislative council appoint all officers
herein Otherwise provided for and 10 the FIRST instance
the governor alone may appoint all said officers who
shall hold their offices until the end OF the
Of the Legislative assembly and until their
appointed. or elected and qualified.
~Er nd hq n fuFfh naefad that M nnpaha of
the legislative assembly shall hold be appointed TO
any office which shall have been created, the salary
emouments Of which shall have been increased while
he was member, curing the term for which he
elected and for one year alter the expiration Of such
term; and no person holding commission sppont-
ment under the United Statce except postmaster shall
be a member IL the legislative assembly, shall hold
any Office under the government Of said Territory.
But shall not be comp etent for said legislative
sembly TO pass any post faco law or law impairing
the validity OF contracts any law in abridgment Of
the freedom o. speech OF the press to deprive any
one Of the right OF trial by jury or OF the writ Of h1tea
cvTvs any law requiring any property qualification
religious test Tor the right 70 vote hold Office prac