First election. nate and appoint; and the persons so appointed shall receive a reasonable compensation 30 May 1854. therefor. And the first election shall be held at such time and places, and be conducted in such manner, both as to the persons who shall superintend such election and the returns thereof, as the governor shall appoint and direct; and he shall at the same time declare the number of members of the council and house of representatives to which each of the counties or districts shall be entitled under this act. The persons having the highest number of legal votes in each of said council districts for members of the council, shall be declared by the governor to be duly elected to the council; and the persons having the highest number of legal votes for the house of representatives, shall be declared by the governor to be duly elected members of said house: Provided, That New election, in in case two or more persons voted for shall have an equal number of votes, and in case a vacancy shall otherwise occur in either branch of the legislative assembly, the governor shall order a new election; and the persons thus elected to the legislative assembly shall meet at such place and on such day as the governor shall appoint; but thereafter, the Subsequent elec time, place and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives, according to the number of qualified voters, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Provided, That no session in any one year shall exceed the term of forty Duration of sesdays, except the first session, which may continue sixty days. case of vacancy, tions. sions. Ibid. 23. 6. Every free white male inhabitant above the age of twenty-one years, who shall be an actual resident of said territory, and shall possess the qualifications hereinafter pre-Qualifications of scribed, shall be entitled to vote at the first election, and shall be eligible to any office voters. within the said territory; but the qualifications of voters, and of holding office, at all subsequent elections, shall be such as shall be prescribed by the legislative assembly: Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States, and those who shall have declared, on oath, their intention to become such, and shall have taken an oath to support the constitution of the United States and the provisions of this act: And provided further, That no officer, soldier, seaman or marine or other person in the army or navy of the United States, or attached to troops in the service of the United States, shall be allowed to vote or hold office in said territory by reason of being on service therein. Ibid. 3 24. tive power. 7. The legislative power of the territory shall extend to all rightful subjects of legislation consistent with the constitution of the United States and the provisions of this Extent of legislaact; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. Every bill which shall have passed the council and house of representatives of the said veto power. territory shall, before it become a law, be presented to the governor of the territory; if he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and, if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house, respectively. If any bill shall not be returned by the governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the assembly, by adjournment, prevent its return, in which case it shall not be a law. 8. All township, district and county officers, not herein otherwise provided for, shall be appointed or elected as the case may be, in such manner as shall be provided by the governor and legislative assembly of the territory of Kansas. The governor shall nominate, and, by and with the advice and consent of the legislative council, appoint all officers not herein otherwise provided for; and in the first instance, the governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the legislative assembly; and shall lay off the necessary districts for members of the council and house of representatives, and all other officers. Ibid. 25. Appointment of township, disofficers. trict and county Ibid. 2 26. office. 9. No member of the legislative assembly shall hold, or be appointed to, any office which shall have been created, or the salary or emoluments of which shall have been Exclusion of increased, while he was a member, during the term for which he was elected, and for members from one year after the expiration of such term; but this restriction shall not be applicable to members of the first legislative assembly; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of said territory. 30 May 1854 3 27. 10 Stat. 286. Supreme court. Jurisdiction. Justices of the peace. Clerks of district courts. Errors and appeals. court. Jurisdiction of IV. JUDICIARY. 10. The judicial power of said territory shall be vested in a supreme court, district courts, probate courts and in justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said territory annually; and they shall hold their offices during the period of four years, and until their successors shall be appointed and qualified. The said territory shall be divided into three judicial disDistrict courts. tricts, and a district court shall be held in each of said districts by one of the justices of the supreme court, at such times and places as may be prescribed by law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction. Each district court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception and appeals, shall be allowed in all cases from the final decisions of said district courts to the supreme court, under such regulations as may be prescribed by law; but in no case removed to the supreme court shall trial by Clerk of supreme.jury be allowed in said court. The supreme court, or the justices thereof, shall appoint its own clerk; and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error, and appeals from the final decisions of said supreme court, shall be allowed, and may be taken to the supreme court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars; except only that in all cases involving title to slaves, the said writs of error or appeals shall be allowed and decided by said supreme court, without regard to the value of the matter, property or title in controversy; and except also that a writ of error or appeal shall also be allowed to the supreme court of the United States, from the decisions of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus, involving the question of personal freedom: ProFugitives from vided, That nothing herein contained shall be construed to apply to or affect the provisions justice and labor. of the "Act respecting fugitives from justice, and persons escaping from the service of their masters," approved February 12th 1793, and the "Act to amend and supplementary to the aforesaid act," approved September 18th 1850; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution and laws of the United States as is vested in the circuit and district courts of the United States; and the said supreme and district courts of the said territory, and the respective Habeas corpus. judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are granted by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as may be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws; and writs of error and appeal in all such cases shall be made to the supreme court of said territory, the same as in other cases. The said clerk shall receive the same fees in all such cases, which the clerks of the district courts of Utah territory now receive for similar services. Powers of the district courts. What causes to have precedence. Fees of clerk. Ibid. 28. 11. The provisions of the act entitled "An act respecting fugitives from justice, and Acts respecting persons escaping from the service of their masters," approved February 12th 1793, and the provisions of the act entitled "An act to amend, and supplementary to the aforesaid act," approved September 18th 1850, be, and the same are hereby, declared to extend to and be in full force within the limits of the said territory of Kansas. fugitives to extend to Kansas. Ibid. 29. District attorney. Marshal. 12. There shall be appointed an attorney for said territory, who shall continue in office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president, and who shall receive the same fees and salary as the attorney of the United States for the present territory of Utah. There shall also be a marshal for the territory appointed, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be entitled to the same fees as the marshal of the district court of the United States for the present territory of Utah, and shall, in addition, be paid two hundred dollars annually as a compensation for extra 30 May 1854. services. Ibid. 235. 13. Until otherwise provided by law, the governor of said territory may define the judicial districts of said territory, and assign the judges who may be appointed for said Judicial disterritory to the several districts; and also appoint the times and places for holding tricts. courts in the several counties or subdivisions in each of said judicial districts, by proclamation, to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts as to them shall seem proper and convenient. V. LANDS AND LAND OFFICES. 14. The president of the United States shall be, and he is hereby, authorized to 22 July 1854 10. appoint, by and with the advice and consent of the senate, a surveyor-general for the 10 Stat. 309. territories of Nebraska and Kansas, who shall locate his office at such place as the presi- Surveyor-general dent of the United States shall from time to time direct, and whose duties, powers, oblito be appointed. gations, and responsibilities and compensation shall be the same as those of the surveyorgeneral of Wisconsin and Iowa, and who shall be allowed the same amount for office rent, fuel, incidental expenses and clerk hire, as is allowed to said surveyor-general of Wisconsin and Iowa. Ibid. 11. 15. Said surveyor-general shall cause the necessary surveys to be made in said territories of standard meridian, base and parallel lines, and of township and subdivisional Surveys to be lines, under such rules and regulations as shall be prescribed by the commissioner of the made. general land office. 16. All the lands to which the Indian title has been or shall be extinguished (a) within Ibid. 12. said territories of Nebraska and Kansas, shall be subject to the operations of the pre- Pre-emption emption act of 4th September 1841, and under the conditions, restrictions and stipulations rights. therein mentioned: Provided however, That where unsurveyed lands are claimed by pre- Notice to be filed emption, notice of the specific tracts claimed shall be filed within three months after the survey has been made in the field, and on failure to file such notice or to pay for the tracts claimed before the day fixed for the public sale of the lands by the proclamation of the president of the United States, the parties claiming such lands shall forfeit all right thereto: Provided, Said notices may be filed with the surveyor-general, and to be And noted. noted by him on the township plats, until other arrangements shall have been made by law for that purpose. district. ceiver. 17. The public lands in the territory of Nebraska, to which the Indian title shall have Ibid. 13. been extinguished, shall constitute a new land district, to be called the Omaha district; Pawnee land and the public lands in the territory of Kansas, to which the Indian title shall have been extinguished, shall constitute a new land district, to be called the Pawnee district; the officers for each of which districts shall be established at such points as the president may deem expedient; and he is hereby authorized to appoint, by and with the advice Register and reand consent of the senate, a register and receiver of public moneys for each of said districts, who shall each be required to reside at the site of their respective offices, and they shall have the same powers, perform the same duties, and be entitled to the same compensation, as are or may be prescribed by law in relation to other land offices of the United States. And the president is hereby authorized to cause the surveyed lands to Land sales. be exposed for sale from time to time, in the same manner and upon the same terms and conditions as the other public lands of the United States. 11 Stat. 187. 18. All that portion of the "Pawnee land district," in the territory of Kansas, created 3 March 1857 § 1. by the thirteenth section of the act approved 22d July 1854, entitled "An act to establish the offices of surveyor-general of New Mexico, Kansas and Nebraska, to grant donations Delaware distri t. to actual settlers therein, and for other purposes," which is situated north of the north or left bank of the Kansas river, and east of the line which divides ranges eight and nine east, shall constitute a separate district, to be called the "Delaware land district;" all that portion of said Pawnee district which is situated south of the nearest township Osage district. line to the parallel of thirty-eight degrees of north latitude, to be hereafter determined by the commissioner of the general land office, shall constitute an additional district, to be called the "Osage land district:" and all that portion of said Pawnee district which lies west of the line dividing ranges eight and nine east, and north of the nearest township line to the parallel of thirty-eight degrees of north latitude, shall constitute a district to be called the "6 Western district,' land district;" the location of the offices for Western district. which shall be designated by the president of the United States, and shall by him, from time to time, be changed as the public interests may seem to require.(V) (a) This does not include lands reserved by treaty between the United States and Indian tribes, whereby the latter cede certain lands to the United States, on condition that a part of the same should be held in trust by the United States, to be sold at publie 30 May 1854 3 30. 10 Stat. 288. VI. MISCELLANEOUS PROVISIONS. 19. The governor, secretary, chief justice and associate justices, attorney and marshal, shall be nominated, and, by and with the advice and consent of the senate, appointed by Appointment of the president of the United States. The governor and secretary to be appointed as afore territorial ofhi cers. Oath of office. said, shall, before they act as such, respectively, take an oath or affirmation before the district judge or some justice of the peace in the limits of said territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the chief justice or some associate justice of the supreme court of the United States, to support the constitution of the United States, and faithfully to discharge the duties of their respective offices; which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken, and such certificates shall be received and recorded by the said secretary among the executive proceedings; and the chief justice and associate justices, and all other civil officers in said territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the territory who may be duly commissioned and qualified; which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid, and afterwards, the like oath or affirmation shall be taken, certified and recorded, in such manner and form as may be prescribed by law. The governor shall receive an annual salary of two thousand five hundred dollars. The chief justice and associate justices shall receive an annual salary of two thousand dollars. The secretary shall receive an annual salary of two thousand dollars. The said salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the treasury of the United States; but no such payment shall be made until said officers shall have entered upon the duties of their respective Compensation of appointments. The members of the legislative assembly shall be entitled to receive Salaries. members of assembly. And their officurs three dollars each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route; and an additional allowance of three dollars shall be paid to the presiding officer of each house for each day he shall so preside. And a chief clerk, one assistant clerk, a sergeant-at-arms and door-keeper, may be chosen for each house; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day, during the session of the legislative Annual sessions, assembly; but no other officers shall be paid by the United States: Provided, That there Extra sessions. shall be but one session of the legislature annually, unless on an extraordinary occasion, the governor shall think proper to call the legislature together. There shall be approAppropriations priated, annually, the usual sum, to be expended by the governor, to defray the contingent expenses of the territory, including the salary of a clerk of the executive department, and there shall also be appropriated annually, a sufficient sum, to be expended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental expenses; and the governor and secretary of the territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the secretary of the treasury of the United States, and shall, semi-annually, account to the said secretary for the manner in which the aforesaid moneys shall have been expended; and no expenditure shall be made by said legislative assembly for objects not specially authorized by the acts of congress making the appropriations, nor beyond the sums thus appropriated for such objects. for contingent expenses. Ibid. 31. Seat of governmeat. Ibid. 3 32. Delegate to congress. 20. The seat of government of said territory is hereby located temporarily at Fort Leavenworth; and such portions of the public buildings as may not be actually used and needed for military purposes, may be occupied and used, under the direction of the governor and legislative assembly, for such public purposes as may be required under the provisions of this act. 21. A delegate to the house of representatives of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other territories of the United States to the said house of representatives; but the delegate first elected shall hold his seat only during the term of the congress to which he shall be elected. The first election shall be held at such time and place, and be conducted in such manner, as the governor shall appoint and direct; and at all subsequent elections, the times, places and manner of holding the elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly. Uited States ex- That the constitution, and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said territory of Kansas as else Low of the tended to Kan unise. where within the United States, except the eighth section of the act preparatory to the 30 May 1854. admission of Missouri into the Union, approved March 6th 1820, (a) which, being incon- Repeal of Missistent with the principle of non-intervention by congress with slavery in the states and souri comproterritories, as recognised by the legislation of 1850, commonly called the compromise measures, is hereby declared inoperative and void; it being the true intent and meaning Slavery. of this act not to legislate slavery into any territory or state, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the constitution of the United States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of 6th of March 1820, either protecting, establishing, prohibiting or abolishing slavery. Ibid. 2 33. public buildings 22. There shall hereafter be appropriated, as has been customary for the territorial governments, a sufficient amount, to be expended under the direction of the said governor Appropriations of the territory of Kansas, not exceeding the sums heretofore appropriated for similar to be made for objects, for the erection of suitable public buildings at the seat of government, and for and library. the purchase of a library, to be kept at the seat of government for the use of the governor, legislative assembly, judges of the supreme court, secretary, marshal and attorney of said territory, and such other persons, and under such regulations, as shall be prescribed by law. Ibid. 34. land to be re 23. When the lands in the said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections Two sections of numbered sixteen and thirty-six in each township in said territory shall be, and the same served in each are hereby, reserved for the purpose of being applied to schools in said territory, and in township for the states and territories hereafter to be erected out of the same.(b) schools. 24. All officers to be appointed by the president, by and with the advice and consent Ibid. 36. of the senate, for the territory of Kansas, who, by virtue of the provisions of any law Security, how now existing, or which may be enacted during the present congress, are required to give given, by officers. security for moneys that may be intrusted with them for disbursement, shall give such security, at such time and place, and in such manner as the secretary of the treasury may prescribe. Ibid. 37. 25. All treaties, laws and other engagements made by the government of the United States with the Indian tribes inhabiting the territories embraced within this act, shall Indian rights to be faithfully and rigidly observed, notwithstanding anything contained in this act; and be observed. that the existing agencies and superintendencies of said Indians be continued with the same powers and duties which are now prescribed by law, except that the president of Indian agents. the United States may, at his discretion, change the location of the office of superintendent. I. ADMISSION INTO THE UNION, Kentucky. 1. Consent of congress given to the formation of the state of Kentucky. 2. Admitted into the Union. 3. Compact with Tennessee established. &c. 5. Judge of fifth circuit, when to hold court in Kentucky. III. COLLECTION DISTRICTS. 6. District of Louisville. 7. Paducah a port of delivery in the district of New Orleans. 8. Columbus a port of delivery. May be abolished. II. CIRCUIT AND DISTRICT COURTS. 4. Terms of the courts. I. ADMISSION INTO THE UNION. 1 Stat. 189. formation of the 1. Whereas the legislature of the commonwealth of Virginia, by an act entitled "An 4 Feb. 1791 § 1. act concerning the erection of the district of Kentucky into an independent state," passed the 18th day of December 1789, have consented that the district of Kentucky, within Consent of conthe jurisdiction of the said commonwealth, and according to its actual boundaries at the time of passing the act aforesaid, should be formed into a new state: and whereas a convention of delegates, chosen by the people of the said district of Kentucky, have petitioned congress to consent, that, on the 1st day of June 1792, the said district should be formed into a new state, and received into the Union, by the name of "The state of (a) This section, known as the Missouri compromise, provided, "That in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the state, contemplated by this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be, and is hereby, for ever prohibited." 3 Stat. 548. This provision was null and void ab incepto, because incompatible with the organic fact of equality of internal right, in all respects. between the old and the new states. For an act of congress, which pretends, of right, and without consent or compact, to impose on the municipal power of any new state or states, limitations and restrictions not imposed on all, is contrary to the fundamental condition of the gress given to the state of Keutucky. confederation, according to which there is to be equality of right between the old and new states "in all respects whatever." 7 Opin. 571-6. Pollard v. Hagan, 3 How. 212. Permoli v. New Orleans. Ibid. 589. Strader v. Graham, 10 Ibid. 82. Veazie r. Moor, 14 Ibid. 568. Congress can exercise no power over the rights of persons or property of the citizen of a territory which is prohibited by the constitution, with respect to the citizens of the states. Every citizen has a right to take with him into a territory his slaves, or any other article of property, thus recognised by the constitution. Dred Scott e. Sandford, 19 How. 395. (b) See resolution of 3 March 1857, providing for the selection of other lands for school purposes in Hen of those sections. to which parties have acquired pre-emption rights, or which have been appropriated for town sites. 11 Stat. 254. |