New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-12-28
reported Battle and Release OF
Frce.State Prisoners.
,osE OF TIE TIRRIToRIALl LEGISLATURE.
.as TOPEKA CONSTITUTION asAfHameo.
pAssAex OF A NEW MILITIA LAW.

NPhOLEfsOlNu0
| MONDAY, Dec. Ia, 1857.
In The Council, the House resolutions were
osssed with some slight amendments, in which the
House concurred. These resolutions are protest
against the Lecompton Constitution. A bill was
passed through the House and sent to the Council,
for submitting the Lecompton Constitution. The
i, House debated the provisions of this act during
NE day. A provision was reported with it, making
lhe election of the Dist Of December felony. Dir.
| R. G. Elliot opposed this. He took the position
that, no matter how unjust the provisions OF the
| s,etended submission. no such action should be
taken in reference TO voting. There must be no
| such barbarous laws He was sustained BY Mr..
| Dietzler and Others. Mr.. John Specs defended
the proposal to make the holding of said election
felony. The proposition WAS voted down. The
Bill passed, SITTER receiving various amendments
from Messrs Detzler, Mitchell, Basset, and others.
The Council having passed it since, I subjoin
copy. also send copy Of the Militia law, passed
unanimously, and Of the two concurrent resolu.
slons-the one indorsng the Topeka Constitution
and praying for admission under it, the other pro.
testing against the LecOmpton Constitution.
Az ACT to Provide for Submitting the Lecompton
Constitution to Vote Of the People.
Be II enacted By the Gorrrnor and Legislative As.
srRby Of The Territory Of Kansas: SECTION L. That an
election shall be held the first Monday in January,
A. ID. 1858, between the hours Of o'clock n. m and
O'Clock p. a., at which all the bona fide male inhab-
itans Of the Territory Of Kansas, over 81 years of
age, who are citizens of the United States who
have declared on oath their intentions to become such,
and who shall have resided in said Territory thirty
days next preceding said election and ten days in tho
county where said persons offer to vote may vote for
the ratification rejection of the Constitution, adopted
by the late Constitutional Convention at Lecompton,
organized under the act OF the 18th Of February,
A. D. 1857 entitled, An Act to provide for the TAX
" ing of Census and election Of Delegates to Con-
svention." The voting shall be by ballot. Those
voting for the Lecompton Constitution with the art-
Gle entitled Slavery" shall cast ballot with the
words " Lecompton Constitution with Slavery art-
cle" and those voting for the Constitution and against
the article entitled Slavery" shall cast ballot with
Slavery article" and those voting against the Cons
fulton shall cast ballot with the words No Lecoinp-
Ton Constitution.
SEC. g II shall be the duty Of the Governor Of
Kansas Territory 10 appoint three Commissioners in
each county whose duty II shall be to establish cleo
fon precincts and appoint three Judges OF Election in
the several precincts of their respective counties. IT.
al the hour Of opening the polls, the duly appointed
Judges are not present, if they shall fail or refuse
90 act then the voters assembled shall have power to
elect Judges TO fill the vacancies thus occasoned
SIC g. The Judges of Election shall be duly sworn
n faithful performance of their duties. They shall
sppont two clerks who shall keep faithful record OF
he all persons 0epOSltlnU trcH NOtes Win
ssid judge All tho closing Of the polls the Judges
shall count the ballots and certify at the btom OF the
List Of voters the number Of votes cast In each OF the
forms prescribed in the second section OF TINS act
which Certificate shall be attested BY the clerks. One
~ the lists of voters thus certified shall be deposited
with one Of the Commissioners provided for IN this act
and the other shall be immediately transmitted 10 the
Governor or, in his absence from any cause, to the
President of the Council the Speaker of the House
of Representatives of the Legislative Assembly
SIC d. II shall he the duty Of the Governor of the
Territory the President OF the Council and Speaker
of the House of Representatives. or either two OF
them Immediately upon receiving the returns, 10 eH-
anime them and certify To the general result OF the
vote upon the Constitution, in the manner herein pro-
Srided and cause the TO be made known by
proclamation and communicated to the President ana
Congress Of the United States. ,
SEC, 5. Any officer Of an election herein PROVIDED
for or of any other general special election which
may hereafter be held in this Territory upon any ques
ton or for any officer or any person or persons VINO
shall knowingly inscrbe or permit TO DC inscribed on
the notebooks or list OF voters the name Of any voter
not actually present and voting, or the name OF any
person entitled to vote, shall knowingly certify
TO false list Of voters, or shall otherwise make or
false shall be deemed guilty of felony, and upon con-
yiction shall BE- punished 10y imprisonment in the Pen
itcntiary for not less than one nor more thah n'e
SIC G. In all ofIenses arising under any Of the pro-
visions Of this act the Probate Judges OF the several
ounties shall have original and exclusive jurisdiction
and shall have the powers in suinmonng JurieS
and in all other matters spp9taning to the arrest
trial conviction and punishment Of such offenders
are now by law invested in the District Courts in cases
of felony. Provided that IL the Probate Judge of any
County shall fnse 70 act on any prosecution then the
Judge OF an adjoining County shan have cognlzsnce
of the case.
SEC = ANY person, not legal voter of Kansas
Territory who shall vote al this any other election
70 be- held in said Territory, otherwise Interfere to
prevent fair expression of the popular will shall be
deemed guilty Of felony, and on conviction thereon
before a proper magistrate "a herelnbetore PROVIDED
shall be fined in sum OF not moro than $780, or nprlS
Cned at hard labor for not more IMAM one year In the
discretion Of the Court.
SIC. <. Tho passage of this act shall be deemed
suficient notice Of said election. .
SIC O. All acts or parts Of acts conflicting with
The above shall be and the are hereby repealed
This act to take effect and be in force from and after
Its passage.
Az ACT 70 Organize ard Regulate the Militia of tho
Territory of Kansas.
Be- II Enacted Bv the Gorernor and Legislative A.
sc1jlu ~ The ISrriorV Of Kansas: SEcrIos /. That
the Militia OF the Territory OF ksnsaS shall con
eighteen Years and under the age of ioryhyc years,
md shall be subject to the rules and regulations ~
hereinafter prescribed
SIC. =. The Commissioned officers of said militia or
EXAMINATION shall consist o. one Maior-Gcncral, eight
BTigadier-GeneraiS, one inspecor(ienera one Quar-
termastcr-Generai, one Commsssry General and one
SurgeonGeneral, 10 b. elected by the Legislative A.
scmbly Of said Territory, in joint Convention, and
Commissioned by the Governor.
SIC g. Tie Rccnienial officers shall consist OF one
Colonel cse Lieutenant Coloncl. Major one Quar-.
fernaer and one tomrnisrary wth the rank Of Major
to be elected by the Company Commissioned officers
OF tho regiment and commissioned by the Govs1pr
SIC. 4. The Company Commissioned officers shall
consist of one Captain, Lieutenant. and two add-
fional l., uenauts 10 he elCc1ed by the Company aud