The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-15
The Constitutional Convention,

The Constitutional Convention.
From the Lecompton Democrat, Oct %.
This body in active session. pushing the business
before them along with rapidly Forty four members
are in attendance.
so far as we know majority of the members are in
favor o submitting the result Of their abors TO the people
OF the Territory
open to Amendment upon the final vote upon the entire
constitution, but u Is supposed that any alteration that
may be made will be comparatively slight and uuim-
rcrtani -
REPORT OF THE COMMITTEE on JUDICIARY.
Sec l. Tie judicial powers Of this State shall be vested
in one supreme Court, Circuit Courts Chancery Courts,
Courts of Probate and Justices Of the Peace and such
other inferior Courts rs the Legislature may from time 10
time ordain and establish.
Sec 2. The Supreme Court excep, in case otherwise
directed in this constitution shall have appellant ursdic
ton only, which shall be cocxiensive with the STATE
under such restrictions and regulations repugnant
this constitution, may from time 10 time be prescribed
by law provided that the Supreme Court shall have
power 10 issue wrts Of Injunction, mandamus quo
rdno hahcas corpus and such other remedial and original
writs may be necessary 10 give general superlnend
enee and control Of inferior Jurisdictions.
Sec g. There shall be held annually at the seat Of
government two sessions Of the supreme Court at such
times as the General Assembly may direct
Justice and two Associate Justices
Sec 3, The Supreme Court may elect clerk and re
as the General Assembly may prescribe
Sec. 8. The state shall be divided into convenient cir
cults and for each circuit there shall be elected judge,
who shall ut the time OF his election, and long he
continues in Office, reside in the circuit for which he has
been elected
ton Of al matters, civil and criminal within the State not
Otherwise excepted in this constitution but in civil
only where the matters IN controversy shall exceed tho
sim OF one hundred dollars.
Sec s. A Circuit Court shall he held in each county or
district in the state twice in every year at such times
lie prescribed by Law and the Judges Of the several
Circuit Courts msy hold courts for each other when they
may deem sdylssble and shall do 30 when directed by
law.
Sec Q. The General Assembly shall establish Court
Courts of Charc-ry, with original and appellate equity ju
rsdieon ami until the establishment Of such coar, or
The dtftu tufU
Of III. Circuit Courts .pcctively: provi led TINT tho
judges Of the several Circuit Courts shall have power
issue ~rs Of injunction returnaele TO the Court OF Chan
Gerry.
Sec 10 The General Assembly shall establish within
each county In the state Court OF Probate tor the grant
ing 81 letters documentary Of administration and orphans
business and tho general superintendent 81 the estates
Of deceased persons and such other duties may be pre-
scrbed by law bet in TO have jurisdiction IN
matters NJ civil or criminal law.
Sec IL, competent number cf Justices ~ the Peace,
in and Tor each county shall be elected IN such mode and
for such term az once as tho tencra Assembly, NAV
direct their jurisdiction in evil shall be limited to
cases IN which the smonn does no, exceed one hundred
dollars. and In all cases tried by Justice of the Peace
right appeal shall be secured under such rules and
guiaiions may be prescribed by law.
Fee II The chief jugce and as-ocinte justices u the
upr1 Court Judges of the Circuit Court and Courts
Of Ctanccry shall nj stated times receive for their
vices compensation, which shall be fixed by iaw. and
shall he diminished during their continuance in Office;
but they fha receive fees pcrquitcs OF oice
hold any other oce u profit trust under this state,
The United States either n the other State, or any other
power.
Sec 10 The chief justice and associate justices Of the
Supreme Court ghal be elected by the qualified u
the ~hoe state the judges u the Circuit Courts by tho
qualified q their respective circuits and tho Judges
.f be Chancefy Courts shs he elected by the qualified
ray prescribed by provided, said cleo.
tens shall nos be on tho day Of the election u
members Of the General Assembly.
Sec. "a All vacancies the Office ~ chief justice and
associate justices a. the supreme Court and judges ~ The
Circuit Court Court a Chancery and Probate Court shall
be tllei by appointment made by The Governor Too The
beng: but the Governor shall Immediately, upon tho
recea Of information Of vacancy aforesaid, order an
election 70 MI such vacancy first giving sixty days notice
Sc rs III. chief Justice and associate justices of The
Supreme Court shsl hold their oces Tor and during The
period q Elk years frc the date a their election and I'm
VI their SUCCESSORS shall bc qraned and provision shan
be MADE by law for classifying those elected 40 that the
chie justice 81 the said associate justices 81 the Su
preme Court shall be ~secci every second year: the
judges Of the Circuit Court nA hold their Offices for and
during tho torn of four yesss RON The date Of their
ccctICn, and until their anccr2-ors shall be quail
he'd; the Judges Of the Ctanccvy Courts shall bold
Their Offices TOR and during ue trim of four years from
the date u their election and IN hi their Successors shall
he qualified the judges II ,hc PROBATE Court shall hold
their offices for and d.yNs NJ ,arm of four years from
the date 81 Their election sd until their Successors shall
he qualified.
sec 10 Clerks Of the Circuit Courts and Courts Of Pro
bate and cher NE constsbes and curon,r shall be elect
I'd by the qualified electors In each county and all vacan
ces q such officers shall be hlcd in such manner as tho
Law may direct
IL The chief justice and associate justices Of tho
Supreme Court by virtue Of their occs shall he
" the throughout tho State the Judges Of
The Circuit court throughout their respective circuits ana
the judges 81 the inferior courts throughout their respec
tive counties.
sec Is The style Of all process shall he The State of
Kansas, and prosecution shall be carried on in the
and ~ the authority of the State of Kansas and
shall conclude Against the peace and dignity If the
sec ~. There shall be an Attorney General for the
State who shall be elected ny the qualified Of tho
state at large. aud many district atonies The Gene
raj Assembly may deem necessary, be- elected by the
qualified votefs oi Their resp ctye circuits who shall bold
their Offices fer The tenn u ouf years from the II
their Gle, ton and shall receive for their services ouch
compensation may be established by law which shall
not &c diminished during their continuance III on,c.
Sec 90 Vacancies occurring 10 tbc Offices Attorney
General District Attorneys, Clerk q; the GrcOt Court
clerk ~ tie Count ~ Probate Justices N The Peace She
riffs Copstshes and Coropers shall be 6llei such
ner ne shall be provided FOR by law.
sec n The House of Representatives shall lave the
sole power ~ impeachment
Soc ~ All nrot,hmcnis shall be tired by the Senate
when sitting for that purpose the senators shall be
oath or efrmaticn, and person shall lie convicted
without the q two thirds of the members
present.
Sec 20 The Governor and all civil officers shall be liza
HE 10 Impeachment for any meocmcanor in office, but
iu1Trmeni such shall not extend further than
~ removal from office and Of disqualification 10 hold any
cfce of honor trust profit under the state bn the
marty convicted shall nevertheless be liable and subject
10 Indictment trial and punishment according 10 law
RUSH ELNoRE, Chairman.
DECLARATION OF RIGHTS.
That Che general, great and essential principles Of