Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-11-21

SATURDAY, NOVEMBER 81, 1857.
From Kansas.

which was adopted, with view to pat the
Constitution in operation, &c:
SCHEDULE OF THE CONSTITUTION
Section l That no Inconvenience NAV arise bv
reason of change from a t rritoria to a perma-
nent State government it s declared that all rights
actions, prosecutions, judgments, claims, and con-
tracts, well of individuals IS Of bodies corporate
except the act incorporating bank passed by last
session of the territorial LEGISLATURE which is here
by declared null and void, shall continue az if no
such change had taken place, and al processes
which may have Issued under the authority of the
territory of Kansas shall he as valid as If issued in
the name of the State of Kansas
Sec 2. All laws now of force in the Territory of
Kansas, which not repugnant to this conatitu-
ton, shall continue and he of force until altered
amended or repealed, by Legislature assembled nv
the provisions of this constitution
Sec. s All fnes. penalties, all forfeiIures, sccru-
ing TO the Territory Of Kansas shall enure to the
use of the State of Kansas.
Sec. 4. All recognizsnces heretofore taken shall
PISS TO- and he prosecuted in the name of the State
OF Kansas and all bonds executed 10 the governor
OF the lrtUTy, or to any other officer or court in
his or their official capacity. shall pass the gov
ernor of the State and their successors IN Office AID
for the use therein expressed and NAV ~ sued for
and recovered accordingly, and all the estates or
property, real, personal, mixed and al iudg-
ments, bonds, speciaitifs, cases in action and
claims or debts of whatsoever description of the
Territory of Kansas, shall enure to- aud rest in the
State of Kansas, and be sued for and recovered in
the same manner, and to the same extent az the
same could have been by the Territory Of Kansas
b. Sec. 8. All criminal prosecutions, and penal &C
tiOns, which may have arisen before the change
from Territorial to State government and which
shall then be pending, shall be prosecuted to judg-
ment in the name of the State all actions at law
and suits in equity, which may be pending at the
courts of the Territory of Kan az the time of the
change from a Territorial to a State government
may be continued and transferred to any court of
the State which shall have jurisdiction of the subs
iect matter thereof.
See g. All officers, civil and military, holding
their Offices under the authority of the United
States, or the Territory of Kansas shall continue
to hold and exercise their respective offices until
they shall be superseded by the authority of the
State.
Sc 7. All county and township officers shall
continue to hold their resp ctve Offices unless
moved by law of the Legislature provided for by
this constitution
Sec. T. is constitution shall be submitted to
the Congress of the United States aC its mkt en-
suing session, and soon official information has
been rec ived that it is approved by the same, by
the admission of the State of Kansas one of the
sovereign States OF the United States the president
of this convention shall issue his proclamation, to
convene the State Legislature at the seat of gov-
eminent, within thirty days after it, publication.
S ould any vacancy occur by the DEATH resignation,
shall order an election FL such vacancy: Pro
vidpd, however, il case of refusal absence or dis.
ability of the president of this convention to dis
charge the duties herein imposed on him, the pres
ideDt pIO of this convention shall perform said
duties and in of abseuce refusal or disability
of the president pro TEN. a committee consisting
of -, or majority Of them, shall discharge
the duties required OF the president of this cons
ventOn.
Before this constitution is sent to Congress the
president of this convention, or in his absence by
of his death, resi- gnation otherwise, the
president pro TEN. shall by proclamation declare
that the 2lst day of December, 1857, at the off
fereut election precincts established by law in
the territory of Kansas election shall be held
which shall preside three judges, to be APP
pointed by the president of this convention, III
his absence by reason of death, resignation 9th
erwsr, the president pro TEN. which election the
constitution framed by this convention shall be sub
miLted to all the male citzents of the territory of
the territory of Kansas, the age of twenty-Onr
years for ratification rejection, in the following
manner and form. The voting shall be by ballot
The judges Of said election shall cause to be kept
two poll books by clerks by them appointed; the
ballots at said election shall be endorsed: Con-
stituton with slavery, constitution without slave
~.
One of said poll books shall be deposited with the
president of this convention, or IN his absence, by
reason of his DEATH Tesig nation, otherwise, the
president pro tenn, aud the other to b. retained by
the Judges oLelectOn and kept open for inspection
The pre- sideut of the convention in his absence,
by reason of his death, resignation or otherwise,
the president pro tenn, with two or more members
of this convention shall examine said poll books,
and il i: it shall appear upon sail examination that
a msiOrity of the votes cast at said election be In
favor OF the constitution with slavery" he shall
Immediately have transmitted the constitution 60
ratified to the Congress of the United States for ad
mission into the Union sovereign state, under
~ Rut IL m
of sail poll books, it shall appear that majority Of
the votes cast said election be in favor OF the
constitution without slavery" then the article pro-
Viding for slavery shall be stricken from this con-
stitutiOn by the president of this convention, in
his absence, by reason OF death, resignation 9TH
erWise, by the president pro tenn. aud slavery shall
no tOngeT exist IN Kansas, Except that the right
OF property in slaves in this territory shall in
no manner be interiered WITH and he shall mme-
diatsly have transmitted the constitution Tati-
fed 20 the Congress of the United States for admi
sion into the Union as sovereign state, under the
said constitution
Sec 9. Every male inhabtant who is a citizen
of the United States, the time of the first cleo
ton and is above the Of twenty years, shall be
deemed an eector at the FIRST election to be holden
in this state; and any eecJor qualified aforesaid
shall be entitled to be elected TO any Office or place
under this state constitution at such lection any
thing in this constitution TO the contrary nOtwIIh-
standing.
Sec 10. The pr sdent of this convention shall
issue wrts OF election to three house holders in the
several counties requiring them to cause an cleo
ton TO be held for governor secretary of aud
treasurer representative TO Congress OF the United
States; members OF the State Legislature; and all
other officer, elective under this constitution, IN
their respective counties, districts and places of
elrctiou on the FIRST Monday and day following of
January in the year eighteen hundred aud fifty
eight which election shall in ali other respects be
conducted IN the manner prescribed by the BOW
existing law in the territory of Kansas and all re-
turns OF said elections saa be made TO the prrsI-
dent OF this convention; who is hereby authorized
20 receive, examine, aud count tue votes and 70 de-
clare who is elected; and all officers duly els
ed shall enter upon and continue 10 the discharge
of the duties Of thsir respective Offices until their
successors, are elected and qualified.
Sec. IL. Until the Legislature elected 10 arcor-
lance With the provisions OF this constitution snail
otherwise direct the salary OF tue governor shall be
So 900 per auuum; and the salary OF the lieutenant
cover nOr shall be double the pay Of state senator
aud Are pay OF members OF the Legislature shall
1--WE dollarz p day until otherwise proptded by the
6,st Legislature, which shsl d the salaries OF ali
officers other than those elected By the people 81
che fret election.
Sec. IL This constitution shall take effect aud
be Ia force from and after its ratification by the
people as herein before provided.
Sec. Is. OAths OF Office may be administered by
any judge, justice of the peace, or clerk of any
court OF record OF the territory state OF Kansas,
until the L, gisAtnre OF the State may otherwise Iii
rect
Sec. Il. That after the year one thousand eight
hundred aud sixty four, whenever the Legislature
shall think iI Necessary 10 amend alter and Change
this constitution they shall recommend the elect
orS, al the neat general election, tso-hrds OF the
mem6Cfs OF ezea House eoncuruns, % vote Tor or
against calling a conventions aud II il appear that
"a siority OF all the citizens OF the STATE have voted
tor a convention, the Legislature snail AZ IL neat