The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-05

and all bonds executed 70 the Governor or the TcrrOry
any other ofcer or court in his their ocisl ca
pseity shall pass the Governor and correspondng ON
OF the State authority, and their successoss N ONE
ane ,ne accor6no. ana al s % sued TOT
ty real, personal or mixed and all Judgments bonds
speeales chooses IN action and claims or debts o. what
description of the Territory OF Kansas shall nure
TO- and ia the State OF Kansas and be sued for
recovered in the and to the
A Sec s. All criminal prosecutions and penal scs;ops
which may have arisen before the change from Terri
toral to State government, end which shall then be
pending shall be prosecuted to judgment in the Of
the State Of Kansas all actions at law and suits in equity
which may DO pending in the courts of the Territory Of
state government may be continued and transferred 70
any of the State which shall have jurisdiction Of the
subject matter thereof.
ces under the authority Of the Territory OF Kansas shall
continue hold and TO exercise their respective Offices
iii they shall be superseded by the authority of the State
Sec. 4 That this constitution shall be submitted the
Congress Of the United States at its next ensuing session.
and official information has been received that
is approved by the same by the admission Of the State
Of Kansas of the sovereign States of the United
States the President Of this Convention shall issue M pro-
clamaton the State Legislature at the Ogo
vernment, within thirty days after publication Should
any vacancy by DEATH resignation otherwise, In
the Legislature other Office he shall order election to
fill such vacancy Provided, however in OF REFUSAL
absence disability of tho President Of this Convention
TO discharge the duties imposed him. the President pro
fpOre Of this Convention shall perform said duties and
in of absence refusal disability OF the President
pro fempoTe, committee consisting of seven, or majo
President Of this Convention. Before this constitution
shall be sent to Congress- asking for admission into the
Union State, shall be submitted to all the white
male inhabitants of this Territory for approval disap
prevail, follows:-The President Of this Convention
shall by proclamation declare that the 2lst day Of
December Thousand eight hundred and fifty seven
at the different election precincts established by
law, or which may be established as here.
in provided in the Territory Of Kansas an election shall
be held, which shall preside three Judges a
ority OF them to be appointed as follows President
OF this Convention shall appoint three commissioners in
oJ,.I
point three Judges Of election in the several precincts of
their respective equities, and to establish precincts for
places as thew nav deem nroner in their rss
pcctve counties at which election the constitution framed
by this Convention shall be submitted to all the white
male inhabitants Of the Territory OF Kansas in the said
Territory on that day, and the age Of twenty
years for ratification or rejection in the following manner
and formIhe voting shall be by balot-the judges of
said election shall be kept poll books
clerks by them appointed the ballots said election
shall be endorsed Constituon with Slavery or sConsti
tuition with no Slavery" One of said poll books shall be
returned wh eight days TO the President of this Conven
ton and the other shall be retained by the judges q cleo
ton and kept for inspection The President with two
members OF this Convention, shall said
poll books, and if il shall appear upon said examination
in favor Of the Consultation with Slavery" be shall i'm.
mediaely have the transmitted To the Congress Of
theUnted States, as herenbefore provided. But upon
such examination of said poll books shall appear that
majority Of the legal votes cast at said election
of the Constitution with Slavery then the article pro.
ydng for shall be stricken this by
the President Of this Convention, and slavery shall
longer exist in the State Of Kansas Except that the rights
OF property in slaves now In this Territory shall 10 no
be interfered with and he shall have transmit
ted the constitution ratified TO the Congress Of the
United States as herenbefore provided In Of the
duties imposed upon him in the foregoing section by
son of death, resignation otherwise the duties
shall devolvc upon the President pro tempre.
Sec. There shall be general election upon the first
Monday in January thousand eight hundred and fifty
eight to be conducted the election provided for in the
18th 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 Any person offering to vote the aforesaid cleo
ton upon said constitution, SHALL IL challenged take
oath to support constitution Of the United states and
10 support this constitution adopted under the penalties
of perjury under the Territorial laws
Sec. 10. All officers appointed to carry into execution
the provisions of the foregoing sections shall before
tering upon their duties be faithfully perform
the duties Of their Offices and In failure thereof be subject
to the same charges and penalties are provided in like
under the Territorial laws.
Sec H. The officers provided for in the preceding
tons shall receive for their services the same compensa
ton is given officers for performing similar duties
under the Territorial laws
Sec - The and all other officers shall enter
the admission Of the state Of Kansas as one Of the indie
pendent and sovereign States Of the Union may be con-
yenient.
Sec IS oaths of Office may be administered by any
judge justice OF the peace, clerks OF any court Of
cords OF the Territory State Of Kansas until the Legs
ature Of the state may otherwise direct.
Sec IL. After the year thousand eight hundred and
sixty four whenever the Legislature shall think
shall recommend to the electors the general cleo
ton, twohirds OF the members Of each house
ring to vote for or against calling convention and II IL
appears that majority Of all the citizens OF the state
have voted for convention the Legislature shall a its
next regular session call convention, 10 consist OF
many members there may be In the House OF Repre-.
sentatves the time, be chosen the manner
at the places and by the electors that chose
the Representatives. said delegates so elected shall NEE,
within three months after said election for the purpose OF
revising amending, changing the constitution hut
alteration shall be made to affect the rights Of property in
Sec Is Until the Legislature elected in accordance with
the provisions Of this constitution shalt otherwise direct
per annum; and the salary Of the Lieutenant Governor
shall be double the OF State SENATOR and the pay of
members Of the Legislature shall be i've dollars per diem,
until otherwise provided by the hrst Legislature, which
shall x the salaries Of all officers other than those elected
by the people Al The ars, election.
Sec. H. This constitution shall take effect and lie In
force from and after rs racaton by the people, as here
nbefore provided.
From the Iecomp,on National Democrat, Nov. 19.l
VOTING ON THE CONSTITUTION.
The FIRE eaters in the Territory and the fire eaters out
side do at all their views Of what proper to
bouy knows that the most serious objection to the policy
Of Governor walker, avowed by his opponents in the
southern states based upon the idea that
he was In favor OF submitting the constitution 10 every
citizen who might be In the Territory on the day Of the
election was IN vain that Governor Walker dsavowed
this Interpretation Of bis speeches. His enemies would
listen 10 explanation but insisted upon holding him
sponsbe for this opinion which in fact, he never enter
tanned
Col jefferson Davis in his recen, speech a, Mssssippi
City the State Of Mississippi entered into argument
10 prove that the Constitutional Convention had power
to prescribe the qualification Of voters the consu
ton itself That constitution, be says will prescribe the
qualification of votes under IT, but the existing Territorial
laws must control the rights Of them who claim TO vote
upon the adoption Of the constitution He that the
Convention not clothed with the OF legislation be-
cause the Legislative Assembly has no authority to delegate
ia functions, and the Convention cannot assume them
therefore he insists that nobody will have right 10 vote
upon the adoption rejection Of the constitution except
those who qualified under the Territorial laws
viz adult citizens Of the United State, who have resided
six months in tho Territory.
what will be the surprise Of Col Davis when he finds
that his friends and coadutors the Lecompton Conven
ton have wholly dsregarded hts opinions aud have sub
miiicd that part Of The constitution which they will
ing put oil the inhabitants Of the Territory
the day OF the ceconS What will this prince OF fire
caters do in this unfortunate dilemma lie cannot pre-
tend that the plan adopted by the Convention die
tated by Governor Walker. for ~ well known that Gov
Walker and firmly opposed not only TO this
feature of the Submission but 70 the whole plan OF evad