The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1857-11-28
THE Kansas CONSTITUTIONS.

not yet been gwen 10 the puDnc. MUCH OF
the fierce denunciation Of the action Of the
Kansas convention, doubtless. is based on
the assumption that, although the people Of
Kansas may vote down the slavery clause in
the constitution, other portions Of that in
strument still protect and pcrpe;uate the in
stitution. This certainly is by no means
clear from this /" schedule" If the balance.
of the constitution is unohjectiouable, and
the whole slavery question is fairly submit
ted, doubtless it would present the action of
the convention in a less odious light, al
though it would come still far snort of what
ought to have been done, and that was to let
the people of Kansas frame just such con-
stitution as majority of them wanted.
SCHEDULE.
SEC. l. That no inconvenience may arise
by reason of a change from Territorial TO
permanent State government, it is declared
that all rights, actions, prosecutions, judg-
ments, claims, and contracts, as well of in
dividuals as of bodies corporate, except the
bill Incorporating banks, by the last Terri
torial Legislature, shall continue as If no
cesses which may have issued under the au-
thority Of the Territory of Kansas shall be
rs valid as If issued in the name Of the State
OF Kansas.
So. All laws now OF force in the Territory
of Kansas, which are not repugnant to this
Constitution, shall continue and be of force
until altered ,amended, or repealed by lie
gislature assembled by the provisions of
this Constitution.
5. All fines, penalties, ard forfeituTes
accruing TO the Territory Of Kansas shall
inure to the use Of the State Of Kansas.
4. All recognizances heretofore taken
shal! pass to, and be prosecuted in the name
of the State of Kansas; and all bonds exc
cuted to the Governor Of the Territory, or
to any other officer or Court, in his or their
official capacity, shall pass to the Governor
and corresponding officers OF the State au-
thority, and their successors in Office and
for the use therein expressed, and may be
sued for and recovered accordingly; and all
the estates or property, real, personal, or
mixed, and all judgments, bonds, spcciali-
ties, cases in action, and claims or debts Of
whatsoever description, OF the Territory Of
Kansas, shall inure 10 and vest in the State
OF Kansas, and be sued for and recovered in
the same manner and to the same cEten:
that the same cculd have been by the Terri
tory of Kansas.
>. All criminal prosecutions and pcna,
actions which may have arisen before the
change from a Territorial to Il State Govern
mcut, and which shall then be pending,
shall be prosecuted tojudgment in the name
of the State OF Kansas; all actions 81 law in
suits in equity which may be pending in the
Courts of the Territory Of Kansas 1T the
time Of the change from a Territorial to a
State Government may be continued and
transferred to any Court Of the State which
shalt yejurisdiction Of the subject matter
thereof.
Sc. III officers, civil and military. hold
ing their offices under the authority Of the
Territory OF Kansas, shall continue to hold
and exercise their respective offices until
they shall be superseded by the au.hori ) Of
the State.
81. This Constitution shall be submitted
to the Congress OF the United States, at its
next ensuing session; ana IS soon as official
information has been received that it Is APP
proved by the same, by the admission Of the
State of Kansas as one of the sovereign
States of the United States, The President OF
this Convention sha! issue his proclamation
TO convene the State Legislature q: the scat
of government, within thirty-one days after
publication. Should any vacancy occur by
death, resignation, o. otherwise, in the Lc-
gis.ature or otiIv. otiice lie Shatl order an
election to FL such vacancy: Pryrfded hotc-
6rer, in case OF refusal absence, or disability
Of tie President OF this Convention TO dis
charge the duties herein imposed on HIN,
the President pro tsmPore Of this Contention
shall perform said duties; and In case Of 40
scnce, refusal, or disability of the President
gro tsBlp0ye, . committee consisting of Sc
ven. or a majority Of them, shall discharge
the duties required Of the President OF this
Contention.
So. The Governor and ali other officers
shall enter upon the discharge Of their re
spective duties as soon after the admission
of the State of Kansas as one Of the indie
pendent and sovereign States Of the Union
as may be convenient
SO. Oaths Of Office may be administered
by any judge, justice of the peace, OF any
Judge OF any court Of record of the Terrific
~ or State of Kansas, until the Legislature
of the State may otherwise direct.
SO. After the year one thousand eight
hundred and sixty-four, whenever the lie
cislature shall think it necessary to amend,
alter. and change this Constitution, they
shall recommend TO the electors at the next
general elect on, twothrds OF the members
Of each house concurring, to vote for or
against the calling Of the convention; and,
if it appears that majority of all the citi-
zens Of the State have voted for conven-
ton, to conss. of as many members as there
NAV be in the house Of representatives at
the time, 10 be chosen in the same manner,
at the same place, and by the same electors,
that choose the representatives,; said dele
gates so chosen shall meet within three
| months after said election for the purpose of
| amending, revising, or changing the Constl-
! tuition.
s II. Before this Constitution shall be
sent to Congress for admission into the
/ Union as State, it shall be submitted to all
/ the white male inhabitants OF this Territory
/ for approval or disapprOval, as follows The
| President of this Convention shall, by pro-
. clamation, declare that on the 2lst day of
/ December, 1857, at the different election
NAV be established as hcrc4 provided in the
Territory Of Kansas. an election shall be
! held. over which shall preside three judges,
or a majority Of three, to be appointed as
follows: The President Of this Convention
shall appoint three Commissioners in each
( county in the Territory, whose duty it shall
be to appoint three Judges of election in the
( several precincts Of their respective coun-
! ties, at which election the Constitution
framed BY this Convention shall De submit
ted to all the white male inhao...@..",lS o. the
( Territory Of Kansas in the said Territory
upon that day, and over the age of twenty
/ one years, for ratification or rejection, in the
/ following manner and form: The voting
shall be by ballot. The judges of said elec.
ton shall cause to be kept two poll-books by
two clerks, by them appointed. The ballots
/ cast at said election shall be endorsed
Constitution with slavery" and "Consti-
tuition with no slavery" One of the said
| pcll-books shall be returned within eight
davs to the President OF this Convention,
/ and the other shall be retained by the judges
of election. and kept open for Inspection