The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1858-01-02
An Act
An Act
Submitting the Constitution framed

hS-sioV AE ACb W pfOflue IOr III
taking q Census and election of Dele
gates to Convention" passed Februa
~ 18th, A. ID. 1857. An Act to pro
vide for an election on the submission
of the Lecompton Constitution
BE 1t enacted by the Governor and Legis
aative assembly Of the Territory Of Kansas
as Jollo,rs
SEC. LIST. That an election shall be held
on the frst Monday in January, A. D
1858, between the hours of nine O'CLOCK
A. NJ, and six o'clock, P. d., at which
all the bona lfde male inhabitants of tn.
Territory of Kansas, over twenty-on,
years of age, who are citizens of tn,
United States, or who have declared (or
oath) their intention to become such, anc
who shall have resided in said Territory
thirty days next preceding said election
and ten days in the County wherein SAID
persons offer to vote, may vote for the
ratification or rejection of the Constitution
adopted by the late Constitutional Con.
vention, at Lecomptop, organized under
the act of the 18th of February, A. D.
1857, entitled "An Act TO provide for the
taking Of census and election of Dele
gates to a Convention The voting
shall be by ballot, as follows: Those
voting for said Constitution with the arti-
Gle entitled " Slavery" shall cast ballot
with the words, For the Constitution
framed at Lccompton, with Slavery" and
those voting for the Constitution and
against the article entitled "Slaverv,' y
shall cast ballot with the words, Fo.
the Constitution framed at Lecompton,
without slavery; - and those voting
against the Constitution shall cast bal
lot with the words, against the Consti-
tuition framed at Lecompton.'
SEC. 2. 1t shall be the duty of the
Governor of Kansas Territory to appoint
three commissioners in each county
whose duty it shall be to establish voting
precincts in their respective counties, and
appoint three judges of election in each
precinct. If at the hour of opening the
polls, the duly appointed judges are moi
present, or if they shall fail or refuse to
act, then the voters assembled shall have
power to elect judges to FIJI the vacancies
thus occasioned.
SEC. 3. The commissioners provided
for in this act, shall by proclamation, al
least five days before the day of election
herein provided for, indicate the place al
which in their respective counties said
election shall be held, and the judges
who are to hold the elections in the sew
eral precincts.
SIC. 4. Before opening the polls for
receiving votes, the judges of elections
shall be duly sworn to a faithful perform
ance of their duties. They shall provide
suitable ballot boxes for the reception of
the ballots, and shall appoint two clerks
who shall also be sworn to keep each a
faithful record of all the names of per-
sons depositing their votes with said judi
ges. At the closing of the polls, the
judges shall count and preserve the bal
lots and certify at the bottom of the list
of voters, the number of votes cast in
each of the forms prescribed in the Sec
ond section Of this act, which certificate
shall be attested by the clerks. One of
the list of voters thus certified, shall be
deposited with one of the commissioners
provided for in this act, and the other
shall be Immediately transmitted to the
Governor, i'll his absence. from any cause,
to the President of the Council, or the
Speaker of the House of Representatives
of the Legislative Assembly.
SEC 5. 1t shall be the duty of the
Governor of the Territory, the President
of the Council and the Speaker of the
House of Representatives, or any two o.
them, Immediately upon receiving the re-
turns, to examine them and certify to the
result of the vote upon the Constitution
in the manner herein provided, and cause
the same to be made known by procla
nation, and communicated to the Presi
dent and Congress of the United States.
SEC. 6. Any officers of an election
herein provided for, or of any other gen
eral or special election, which NAV here
after be held in this Territory, upon any
question, or for any officers, or any per
son or persons, who shall knowingly in
scribe or permit to be inscribed on The
poll books, or list of votes, the name o
any voter not actually present and voting
or the name of any person not entitled t
vote, or shall knowingly certify to falls
list of voters, or shall otherwise make o
certify TO any false returns, knowing tn
same to be false, shall be deemed guilt,
of felony, and upon conviction thereof
shall be punished by Imprisonment in tn
penitentiary for not less than one, no
more than five years.
SEC. z. In all offences arising unde
any of the provisions of this act tn
Probate Judges of the several countie
shall have exclusive and original juris
diction, and shall have the same power
in summoning juries, and in all othe
matters appertaining to the arrest, trial
conviction. and punishment of sucl
offenders as are now by law vested in tn
District Courts in cases of felony Pro
Vided, That if any Probate Judge shall
refuse to issue writs, or in any manner t
proceed under this act, the prosecution
may be instituted before the Probat
Court of any adjoining county.
SEC. 8. All acts and parts of acts, con
fiicting with the provisions of this sct
shall be and the same are hereby re
pealed.
SEC. 8. The passage of this act shall b
taken, and deemed sufficient notice for tn
holding of said election.
SEC, 10. Any person not legally au
thorized by the foregoing provisions o
this act, who shall cast his vote at tn
election herein provided for, shall b
deemed guilty of felony, and upon con
viction thereof, shall be fined in any sun
not exceeding five hundred dollars, o
shall suffer imprisonment not more thai
one year, or both, at the discretion of tn
court.
SEC. IL. All officers provided for by tn
provisions of this act shall receive sue
compensation as may hereafter be provide
by law.
SEC. IL. This act to take effect and b
in force from and after its passage.
Approved. Dec. II. 1851
o. There is one fact concerning tn
Mass Meeting at Lecompton on last Mon
day, which we record with humiliation
Some of the Free State boys INDUCED to
freely in the use of liquor This was
source Of regret to large majority G
those in attendance. It does seem to q
that Lecompton is the last place in Kansa
=