The Kansas herald of freedom., 1859-06-25
IN, oou,,i,u,ioual convention Law.

law for the election Of delegates to
Constitutional Convection. A copy Of
that Act as it passed, and as we under
stood it to have been signed by the
Governor, was published in the HERALD
OF FREEDOM of Feb. 18th, yet the con-
vention law as signed by the presiding
officers Of both Houses, and approved by
the Governor, and authenticated in the
printed statutes, differs materially, in the
apportionment of delegates, from the Act
passed, and never received the sanction
of either branch of the Legislature. Does
this serious defect vitiate the legality of
that law ? To place the matter in as
clear light as possible, the following
summary of the various steps through
which the convention bill passed before
it became an Act, is condensed from the
Journals of the House and Council.
This bill originated in the Council,
hence it is unnecessary to follow the
llOuo0 OH itS ctdSCe,
from its introduction on the 22d of JAN
uary, to the vote on the 31st by which it
was "laid aside" and the Council Bill,
No. 80, taken up.
January 21st, 1859, Mr. Holiday, from
Committee on Federal Relations, reported
and recommended for passage, Council
Bill No. 80, An Act providing for the
formation of Constitution and State
Government for the State Of Kansas.
Read a first and second time and re-
ferred to a Select ommittee-Council
Journal, page 12l.
Jan. 25, the bill was considered
in Committee of the Whole, and its
passage recommended. Ii was again
considered in Committee of the Whole
in the afternoon of the same day,
and passed. Jan. 26, reported to the
House. Jan. 81, "Mr. Roberts, of Leaven-
worth, moved that House Bill No. al
be laid aside, and that Council Bill No.
80 be taken up" Carried.
Mr.. Roberts then moved that the
House agree to the Council Bill with the
following amendment
"Strike out all after the words TO witt
in the 4th section and second line, and
insert the following:
"The county of Wyaudott shall consti-
tute the first district, and shall elect three
delegates the county of Leavenworth
shall constitute the second district, and
shall elect seven delegates the county of
Atchison shall constitute the third dis
trict, and shall elect three delegates the
county of Doniphan shall constitute the
fourth district, and shall elect four dele
gates the county of Brown shall cOnsti-
tute the fifth district, and shall elect one
delegate the county of Nemaha shall
constitute the sixth district, and shall
elect one delegate the counties of Mar
shall, Washington aud Arrapahoe shall
compose the seventh district, and shall
elect one delegate ; the county of Jeffer-
son shall constitute the eighth district,
and shall elect two delegates the county
of Calhoun shall constitute the ninth
district, and shall elect ore delegate /;
the county of Riley shall constitute the
tenth district and shall elect one dele
gate; the county of Pottawatamie shall
constitute the eleventh district, and shall
elect one delegate; the county of John
son shall constitute the twelfth district,
and shall elect two delegates the coun-
ty of Douglas shall constitute the thir-
teenth district, and shall elect six dele
gates; the counties of Shawnee and
Weller shall compose the fourteenth
district, and shall elect three delegates
the counties of Richardson, Davis, Dick
inson and Clay shall compose the ff-
teenth district and shall elect one dele
gate the county of Lykins shall consti-
tute the sixteenth district, and shall elect
two delegates; the county of Franklin
shall constitute the seventeenth district,
and shall eject one delegate the counties
pose the eighteenth district, and shall
elect two delegates; the counties of Wise
and Butler shall compose the nineteenth
district, and shall elect one delegate; the
county of Linn shall constitute the twen-
tieth district, and shall elect two dele
gates; the county of Anderson shall con-
stitute the twenty-first district, and shall
elect one delegate the counties of Cof
fey and Woodson shall compose the
twenty second district, and shall elect
two delegates; the counties of Hunter
Greenwood, Godfrey aud Wilson shall
compose the twenty third district, and
shall elect one delegate; the counties Of
Bourbon, McGee and Dorm shall compose
the twenty-fourth district, and shall cleo
two delegates the county of Allen shal
constitute the twenty fifth district, and
shall elect one delegate.
''Also, fill the blank in Section 5, lin,
LIST, by inserting 'Atchison.'
Carried and the bill as amended, wa
passed" Fl. j., pages 211, PIP.
The bill as amended was returned Il
the Council, Feb. LIST, when the followin;
action was taken:
"Moved by Mr. Root, that the Council
concurwith the House, with the exception
of the place Of holding the Convention
"Mr. Nash moved that one delegate b,
taken from Wyandott and given to John
son."
These motions were laid upon the ia
bic.
Mr.. Holiday moved to amend by
substitute for all after the words ''ssctiol
16," which motion failed.
"Moved, by Mr. Learnard that the Coun
ell concur in SO much Us refers to tn
apportionment, but not TO the place Q
holding the Convention.
"Mr. Challis moved to amend, that tn
Council do concur in all the amendment
made in the House," which was nc
agreed to. "a
Dr.. Root moved an amendments to Nj
Learnard's motion, "by taking one mem
Der from Wyandots and give the same |