New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-28

tzat,op of the militia Of the Territory OF Kansas.
SIC. O. Tha, the lnspector-Generai, under the d.
have the custody and direction OF all arms and ac-
routerrnents belonging to the Territory Of Kansas
and shall annually report to the Legislative Assembly
the number and condition OF me same; and 1t made
hi. duty 10 proceed to collect said arms and secouter.
ments He shall under the direction Of ssid Military
Board issue arms and accoutermsnts TO the officers OF
any company organized under the provisions of this
act. II shall be his duty TO take the bonds Of such
officer in such form az the Military Board shall here.
after prescribe for the preservation and prompt return
Of such AIMS and accOuferments, in order 10 enable
the to comply with this section II
shall be the duty of the Captain az commanding
officer Of each company, who shall receive arms and
accoutements as aforesaid to report to him annually
and oener if required the exact condition OF sasd
arms and accoutements.
SIC. 10. That the Adjutant- General shall receive
and he IN his Office all returns hereafter directed by
the said Military Board to be sent him. under the pro-
visions Of this net. He shall annually previous To
the meeting Of the Legislative Assembly, make q
turn to the COumsnder-in-C Chief and Major General,
and forward duplicate thereof to the President of
the United States. Such return shall be in concise
shapeshow the exact strength and condition Of the
different corps, and the number and quality Of the
arms and acc uternents.
SEC. ii. The officers provided for in this act shall
be allowed such compensation as may hereafter be
prescribed by law.
SEC. IL. General field, commissioned and staff Off
GERS shall, for dsobedience of orders, unOfcer-ke
sted for military exercises or parade, and for the
neglect Of any duty imposed upon them officers Of
the militia, be subject to trial by General Court Mar.
tal. according TO the usage and practice Of war,
which Court Martial shall consist of not less than
five more than seven members and tho senior OFF,
GER who shall always be of rank superior 10 the Off
trial, shall preside. Court Martial for the trial
Of officer below the grade of field officer shall be
appointed by the commanding officer Of the brigade
TO which he belongs; for the trial Of an officer Of the
grade Of field officer by the commanding officer Of
tho division for the trial of general officer by the
Commander-inChief and in every Court Martial
there shall be Judge Advocate who shall discharge
the duties Of that office according to the usage and
practice of Courts Martial, and no other person
shall be admitted to prosecute or defend the arrested
officer.
SIC. 10. The following persons are exempted from
militis duty under the provisions of this act: The
members Of the Executive and Judiciary Depart
ments Of the General Government Of the United
States and their respective officers, the Custom
House officers, POstmasers, mail carriers actually en-
poyed in the and conveyance Of the mails of the
United States, and ministers of the gospel Of every
denomination, regularly ordained and licensed. and
no others.
SIC a. All acts and parts Of acts in relation TO the
militia Of this Territory and accouterments, or
anything appertsining to the same, are hereby re-
peaed.
This act TO take effect and be in force from and after
its passage.
CONCURRENT RysonrTross, REAprIRNIso THE PEo-
pLI's CONSTITUTION, FRAMED At TOPEKA, Of
The 23D DAI or OCTOBER, A. d; 1872. ,o-
Passed the Council Dec. IA, House Dec l5 1851
WherCds In the Spring Of 1855 the first Legislative
Assembly Of the Territory of Kansas was by force
and violence seized upon by people foreign to our SOIL
and code ofaws enacted highly unjust nndoppressve,
and calculated to drive of or enssve the actual set
tiers Of said Territory, and to fix upon them an insti
tuition revolving TO large majority OF the bona Tide
citizens of the Territory; and uhcreas to avoid civil
war, and az the only peaceful alternative, asserting,
as they did that the principle formally enuncated in
act organizing the Territories of Nebraska and
Kansas would fully authorize and sustain them in
this movement, the people Of said Territory did pro-
coed to call q Convention to frame State Constitu-
tion the delegates thereto were regularly and fairly
elected and on the 23d day Of October 1855 did ~;
semble in Convention at Topeka in said Territory and
did frame Constitution and provided for its submls-
sion to full and fair vote of the people for their rat-
cation or rejection to wit: on the 18th day OF Dece
ber 1855; and ~hercas, Mt the time aioresald, the
people were engaged in resisting an armed inva-
sion from abroad, and were disabled thereby from
giving expression upon said instrument; and tchereas,
afterward, to wit: on the 81 day of August, A. ID.
1857 said Constitution was again supnittcu 10 in
and fair vote of the people for their ratification or re-
lection and by them ratified by majority OF about
eight thousand; therefore,
RCsolrCd That the Constitution framed NJ Topeka,
in said Territory on the 23d Of October A. ID. 1885,
cmbodies the wishes of the people as the Consttu-
ton of the State of Kansas
Q That we hereby memorabilia the Congress Of the
United States to admit the State of Kansas into the
Union under the said Constitution, framed at Tope-
ka, in said Territory on the I'D day of October A. d.
1855 as aforesaid, ~ one Of the sovereign States
upon mn equal footing with the other States.
s. That the President of the Counci! and the speak
or Of the House of Representatives be respectfully re-
quested to transmit copy Of these resolutions with
certified copy of the said Constitution framed at To-
peka the Odd day of October A. d. 1885, as afore-
said to the President of the United States, aud the
presiding officers of each House of Congress
PREAMBLE AND JOINT RESOLUTIONS IN RELATION TO
THE CONSTITUTIONS FRAMED AT LEcONPToN, KANSAS
TERRITORY, on THE TN DAY OF NOVEMBER 1881.
Whereas, A small minority of the people living in
nineteen of the thiyegt counties OF this Territory
avang themselves of law which enabled them to
obstruct and defeat fair expression of the popular
will did, by the odous and oppressive application Of
the provisions and partisan machinery Of said law,
procure the return Of the whole number Of the dele
gates Of the Constitutional Convention recently as
semhed at Lecompton; and
Vkerrss, BY reason of the defective provisions of
said law, in connection with the neglect and miscon
duct of the authorities charged with the execution of
the same, the people living within the remaining
nineteen counties Of the Territory not permitted
to return delegates to said Convention, were not re-
cognzed in ts organization nor in any sense heard or
felt in its deliberatOps and
Whereas 1t is an axiom of political ethics that the
people cannot be deprived of their rights by the neg
ligence or misconduct of public officers; and
Whereas A minority, to w.t. twenty-eight only OF
the sixty members of said Convention have attempted,
by unworthy contrivance, impose upon the whole
people of the Territory Constitution, without con-
sulting their WISH and against their will; and
Whereas The members of said Convention have
refused 10 submit their action for the approval or dis
approval Of the voters of the Territory, and in thus
acting have defed the known will OF nne-tenths OF
the voters thereof; and
Uhcrcas The action of fragment of said Conven.
ton representing as they did small minority of the
voters Of the Territory repudaes and brushes out the
distinctive principle Of the Nebraska Kansas act, and
vtates and tramples under foot the rights and the
sovereignty Of the people; and
Whereas, From the foregoing statements of facts.
pta huf he nat