The Washington union., 1857-12-05
thereto or to the other provisions herein contained shall

SECTION l. That no inconvenience may arise py reason
OF change from territorial to permanent State gov
ernrnent il Is declared that all rights, actions prosecu
tions Judgments claims and contracts as well of indi
vduas Of bodies corporate except the bill inoopo
ting banks by the last territorial Legislature shall con
tinue as II no such change had taken place, and all pro-
ceses which may have issued under the authority Of the
Territory OF Kansas shall be valid as II issued in the
name of the State of Kansas.
SIC p All laws now Of force in the Territory OF Kan.
sas which are not repugnant to this constitution shall
continue and be Of force until altered amended,
peaed by legislature assembled under the provisions Of
this constitution, q - ,.l,.i. sf,-t5sssa !. .Fe r.r
the Territory of Kansas shall inure to the use Of the
SIC n All recognizances heretofore taken shall pass
TO- and be prosecuted in the Of the State of Kan
sas and all bonds executed to the OF the Ten
tory or TO any other officer court, ia his or their Off
cal capacity shall pass the governor and correspond
ing officers of the State authority and their s.ccessos in
Office and for the therein Expressed and may he sued
for and recovered accordingly and all the estates
property real personal, mixed, and all judgments,
bonds specales chooses in action and claims or debts Of
whatsoever description of the Territory Of Kansas shall
ue to and vest in the State of Kansas and be sued for
and recovered in the manner and to the same
tent that the could have been by the Territory Of
Kansas @ F
SEC S. All criminal prosecutions and penal actions
which may have arisen before the change from terrific
rial to State government, and which shall then be
pending shall be prosecuted 10 judgment in the name Of
the State Of Kansas all actions at law and suits In eqn
ty which may be pending in the courts Of the Territory of
KANSAS at the time of the change from territorial toa
State government may be continued and transferred to
any court Of the State which shall have jurisdiction of the
subect-m thereof
SIC g. All officers, civil and military holding 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until they shall be superseded by the authority of the
State.
SEC a. This constitution shall be submitted to the
Congress of the United States at its next ensuing session
and as soon as official information has been received that
it is approved by the sme by the admission of the State
of Kansas Of the sovereign States Of the United
States the president of this convention shall issue his
proclamation to the State legislature at the scat
of government within thrtyone days after publication
Should any vacancy occur by DEATH resignation or other
wse in the legislature other Office he shall order
election to fill such vacancy Prorid ho,rpa, in
of refusal absence disability of the president of
this convention to discharge the duties imposed
him. the president pro tepoc OF this convention shall
perform said duties and in case of absence refusal,
disability Of the president pro empore, a committee
consisting of seven majority of them shall discharge
the duties required of the president of this convention
Before this constitution shall be sent to Congress asking
for admission into the Union Sate it shall be sub
mttcd to all the white male inhabitants Of this Territory
for approval disapprova follows The president of
this convention SHALL by proclamation declare that on the
2lst day Of December 1857 at the different election
cncs established by law which may be established
as herein provided in the Territory Of Kansas election
shall be held which shall preside three judges,
majority of them to be appointed as follows The pres
ident Of this convention shall appoint three commission
in each county in the Territory whose duty it shall
be to appoint three judges Of election in the several pre-
cncs of their respective countless and to establish pre-
cincts for voting, and to cause polls to be opened
at such places as they may deem proper in their
respective counties at which election the constu,
tion framed by this convention shall be submitted to
all the white male inhabitants of the Territory of Kansas
in the said Territory that day. and the age Of
twenty years, for ratification rejection in the fol-
lowing manner and form The voting shall be by ballot.
The judges of said election shall to be kept two poll
books by two clerks, by them appointed The ballots
cast at said election shall be endorsed constitution with
slavery" Z. constitution with slavery One Of
said poll books shall be returned within eight days TO the
president of this convention, and the other shall be
tanned by the judges of election and kept open for nspec
ton The president with two or more members OF this
convention shall examine said poll books and il it shall
appear upon said examination that majority OF the legal
votes said election be in favor Of the constitution
with slavery he shall Immediately have the trans
med to the Congress of the United States, herein
before provided But it, upon such examination of said
poll books it shall appear that a majority of the
legal votes cast at said election in favor Of the
constitution with slavery, then the article pro-
yding for slavery shall be stricken from this constitu
ton by the president of this convention slavery shall
longer exist in the State of Kansas except that the
rights of property in slaves now in this Territory shall
no be nerfercd with and he shall have trans
mitted the constitution ratified to the Congress of the
United States hereinbefore provided. In Of the
failure of the president of this convention to perform the
duties imposed upon him in the foregoing section, by
of DEATH resignation, or Otherwise the same du
ties shall devolve upon the president pro enpon.
SEC s. There shall be general election upon the first
Monday in January one thousand eight hundred and
fty-eght TO be conducted the election provided for
in the 7h section of this article at which election there
shall be chosen governor lieutenant governor secretary
of State auditor Of State and State treasurer, members
Of the legislature, and also member Of Congress
SEc. g. Any person offering to vote at the aforesaid
election upon said constitution shall If challenged take
an oath TO support the constitution Of the United States
and support this constitution if adopted under the
penalties Of perjury under the territorial laws
SIC TO- All officers appointed to carry into execution
the provisions Of the foregoing sections shall before
terng upon their duties, be to faithfully perform
the duties of their offices and failure thereof be sub
ec the charges and penalties provided in
like cases under the territorial laws.
SEC H. The officers provided for in tho preceding
tions shall receive for their services the compcna
tion given to officers for performing similar duties
under the territorial laws.
SIC H. The governor and all other officers shall enter
upon the discharge Of their respective duties after
the admission Of the State Of Kansas of the indie
pendent and sovereign States Of the Union may be
venent. stf9seiF
SEc I3. Oaths Of Office may lie administered by any
Judge Justice OF the peace, clerks Of any court OF
record Of the Territory State Of Kansas until the eg
laturo of the State may otherwise direct
4 SEC a. After the year ono thousand eight hundred
and sixty four whenever the Legislature shall think It nc
ceary to amend alter and change this constitution they
shall recommend to the electors the general cleo
tion two-thirs Of the members Of each house concung
to vote for or against calling convention and If ap
pears that majority OF all the citizens of the State have
voted convention, the Legislature shall at it's next
regular session call convention to consist Of many