Journal of the Senate of the United States of America,

TUESDAY, July 8, 1856.

...On the question to agree to the amendment reported by the Committee on Territories, viz: Strike out all after the enacting clause and insert the following:

That, for the purpose of making an enumeration of the inhabitants, authorized to vote under the provisions of this act, an apportionment and an election of members of a convention to form a State constitution for Kansas, as hereinafter provided, five competent persons shall be appointed by the President, by and with the advice and consent of the Senate, to be commissioners,a majority of whom shall constitute a quorum, for the purpose of carrying into effect the provisions of this act, each of whom, before entering upon the duties of his office, shall take and subscribe an oath or affirmation that he will support the Constitution of the United States, and faithfully and impartially exercise and discharge the duties enjoined on him by this act, according to the best of his skill and judgment, which oath or affirmation shall be administered to them severally, and be duly certified by a judge, clerk, or commissioner of a court of the United States, and filed and recorded in the office of the secretary of the Territory of Kansas.

• Sec. 2. And be it further enacted, That it shall be the duty of said commissioners, under such regulations as the Secretary of the Interior may prescribe, to cause to be made a full and faithful enumeration of the legal voters resident in each county in the said Territory on the fourth day of July, eighteen hundred and fifty-six, and make returns thereof during the month of August next, or as soon thereafter as practicable, one of which returns shall be made to the office of the Secretary of the lnterior, and one to the secretary of the Territory of Kansas, and which shall also exhibit the names of all such legal voters, classed in such manner as shall be prescribed by the regulations of the Secretary of the Interior.

• Sec. 3. And be it further enacted, That it shall be the duty of the Secretary of the Interior, immediately after the passage of this act, to prescribe regulations and forms to be observed in making the enumeration aforesaid, and to furnish the same with all necessary printed blanks to each of the commissioners as soon as may be after their appointment; and the commissioners shall meet without delay at the scat of government of Kansas Territory, and proceed to the discharge of the duties herein imposed upon them, and appoint a secretary to the board and such other persons as shall be necessary to aid and assist them in taking the enumeration herein provided for, who must also be duly sworn faithfully, impartially, and truly to discharge the duties assigned them by the commissioners.

• Sec 4. And be it further enacted, That said board of commissioners shall, so soon as said census shall be completed and returns made, proceed to make an apportionment of the members for a convention, among the different counties in said Territory, in the following manner: The whole number of legal voters shall be divided by fifty-two, and the product of such division, rejecting any fraction of a unit, shall be the ratio or rule of apportionment of members among the several counties; and if any county shall not have a number of legal voters, thus ascertained, equal to the ratio, it shall be attached to some adjoining county, and thus form a representative district, the number of said voters in each county or district shall then be divided by the ratio, and the product shall be the number of representatives apportioned to such county or district: Provided, That the ross in the number of members caused by the fraction remaining in the several counties, in the division of the legal voters thereof, shall be compensated by assigning to so many counties as have the largest fractions an additional member for its fraction as may be necessary to make the whole number of representatives fifty-two.

• Sec. 5. And be it further enacted, That the said board, immediately after the apportionment of the members of said convention, shall cause a sufficient number of copies thereof and of the returns of the census (specifying the name of each legal voter in each county or district) to be published and distributed among the inhabitants of the several counties, and shall transmit one copy of the said apportionment and census, duly authenticated by them, to each clerk of a court of record within the Territory, who shall file the same, and keep open to the inspection of every inhabitant who shall desire to examine it; and shall also cause other copies to be posted up in at least three of the most public places in each voting precinct, to the end that every inhabitant may inspect the same, and apply to the board to correct any error he may find therein, in the manner hereinafter provided.

• Sec. 6. And be it further enacted, That said board shall remain in session each day, Sundays excepted, from the time of making said apportionment until the twentieth day of October next, at such places as shall be most convenient to the inhabitants of said Territory, and shall proceed to the inspection of said returns, and hear, correct, and finally determine according to the facts, without unreasonable delay, under proper regulations to be made by the board, for the ascertainment of disputed facts concerning said enumeration, all questions concerning the omission of any person from said returns, or the improper insertion of any name on said returns, and any other question affecting the integrity or fidelity of said returns, and for this purpose the said board and each member thereof shall have power to administer oaths and examine witnesses, and compel their attendance in such manner as said board shall deem necessary.

• Sec. 7. And be it further enacted, That as soon as the said lists of legal voters shall thus have been revised and corrected, it shall be the duty of said board to cause copies thereof to be printed and distributed generally among the inhabitants of the proposed State, and one copy shall be deposited with the clerk of each court of record within the limits of the proposed State, and one copy delivered to each judge of the election, and at least three copies shall be posted up at each place of voting.

• Sec. 8. And be it further enacted, That an election shall be held for members of a convention to form a constitution for the State of Kansas, according to the apportionment to be made aforesaid, on the first Tuesday after the first Monday in November, eighteen hundred and fifty-six, to be held at such places and to be conducted in such manner, both as to persons who shall superintend such election and the returns thereof as the board of commissioners shall appoint and direct, except in cases by this act otherwise provided; and at such election no person shall be permitted to vote unless his name shall appear on said corrected lists. 

• Sec. 9. And be it further enacted, That the board of commissioners shall have power, and it shall be their duty, to make all needled rules and regulations for the conduct of the said election and the returns thereof. They shall appoint three suitable persons to be judges of the election at each place of voting, and prescribe the mode of supplying vacancies. They shall cause copies of the rules and regulations, with a notice of the places of holding elections and the names of the judges, to be published and distributed in every election district or precinct ten days before the day of election, and shall transmit a copy thereof to the clerk of each court of record, and one copy to each judge of election.

• Sec. 10. And be it further enacted, That the judges of election shall each, before entering on the discharge of his duties, make oath or affirmation that he will faithfully and impartially discharge the duties of judge of the election according to law, which oath may be administered by any officer authorized by law to administer oaths. The clerks of election shall be appointed by the judges, and shall take the like oath or affirmation, to be administered by one of the judges or by any of the officers aforesaid. Duplicate returns of election shall be made and certified by the judges and clerks, one of which shall be deposited in the office of the clerk of the tribunal transacting county business for the county in which the election is held, and the other shall be transmitted to the board of commissioners, whose duty it shall be to decide, under proper regulations to be made by themselves, who are entitled to certificates of election, and to issue such certificates accordingly, to the persons who, upon examination of the returns and of such proofs as shall be adduced in case of a contest, shall appear to have been duly elected in each county or district: Provided, In case of a tie or of a contest, in which it cannot be satisfactorily determined who was duly elected, said commissioners shall order a new election in like manner as is herein provided. Upon the completion of these duties the said commissioners shall return to Washington and report their proceeding to the Secretary of the Interior, whereupon said commission shall cease and determine.

• Sec. 11. And be it further enacted, That every white male citizen of the United States over twenty-one years of age, who may be a bona fide inhabitant of said Territory on the fourth day of July, eighteen hundred and fifty-six, and who shall have resided three months next before said election in the county in which he offers to vote, and no other persons whatever shall be entitled to vote at said election, and any person qualified as a voter may be a delegate to said convention, and no others; and all persons who shall possess the other qualifications for voters under this act, and who shall have been bona fide inhabitants of said Territory at any time since its organizations, and who shall have absented themselves therefrom in consequence of the disturbances therein, and who shall return before the first day of October next and become bona fide inhabitants of the Territory with the intent of making it, their permanent home, and shall present satisfactory evidence of these facts to the board of commissioners, shall be entitled to vote at said election, and to have their names placed on said corrected list of voters for that Purpose; and to avoid all conflict in the complete execution of this act, all other elections in said Territory are hereby postponed until such time as said convention shall appoint.

• Sec. 12. And be it further enacted, That the said commissioners, and all persons appointed by them to assist in taking the census, shall have power to administer oaths and examine persons on oath in all cases where it shall be necessary to the full and faithful performance of their duties under this act; and the secretary shall keep a journal of the proceedings of said board, and transmit copies thereof, from time to time, to the Secretary of the Interior; and when said commissioners shall have completed the business of their, appointment, the books and papers of the board shall be deposited in the office of the secretary of the Territory and there kept as records of his office.

• Sec. 13. And be it further enacted, That if any person, by menaces, threats, or force, or by any other unlawful means, shall directly or indirectly attempt to influence any qualified voter in giving his vote, or deter him from going to the polls, or disturb or hinder him in the free exercise of his right of suffrage at said election, the person so offending shall be adjudged guilty of a misdemeanor, and punished by fine of not less than two hundred and fifty dollars nor exceeding five hundred dollars, or by imprisonment of not less than three months nor exceeding one year, or by both.

• Sec. 14. And be it further enacted, That every person, not being a qualified voter according to the provisions of this act, who shall vote at any election within the said Territory, knowing that he is not entitled to vote, and every person who shall at the same election vole more than once, whether at the same or different place, shall be adjudged guilty of a misdemeanor, and be punished by fine of not less than one hundred dollars, nor exceeding two hundred and fifty dollars, or by imprisonment not less than three months nor exceeding six months, or both.

• Sec. 15. And be it further enacted, That any person whatsoever who may be charged with holding the election herein authorized, who shall wilfully and knowingly commit an fraud or irregularity whatever, with the intent to hinder, or prevent, or defeat a fair expression of the popular will in the said election, shall be guilty of a misdemeanor, and punished by fine not less than five hundred dollars, nor exceeding one thousand dollars, and imprisonment not less than six months nor exceeding two years, or both, at the discretion of the court.

• Sec. 16. And be it further enacted, That the delegates thus elected shall assemble in convention, at the capitol of said Territory, on the first Monday in December next; and when so assembled shall first determine, by a majority of the whole number of members elected, whether it be or be not expedient at that time to form a constitution and State government; and if deemed expedient, shall proceed to form a constitution and State government, which shall be republican in its form, for admission into the Union on an equal footing with the original States in all respects whatever, by the name of the State of Kansas, with the following boundaries, to wit: beginning on the western boundary of the State of Missouri, where the thirty-seventh parallel of north latitude crosses the same, then west on said parallel to the one hundred and third meridian of longitude, then north on said meridian to the fortieth parallel of latitude, then east on said parallel of latitude to the western boundary of the State of Missouri, then southward with said boundary to the beginning; and until the next congressional apportionment the said State shall have one representative in the House of Representatives of the United States.

• Sec. 17. And be it further enacted, That said commissioners shall receive, as their compensation, ten dollars per day during their attendance on the business of said commission, beginning on the day they depart from home, and their actual expenses, and said secretary of the board the sum of eight dollars per day, computed in like manner, and his expenses, and the said assistants for taking the census shall receive such reasonable compensation as the board shall deem just and equitable.

• Sec. 18. And be it further enacted, That inasmuch as the Constitution of the United States and the organic act of said Territory has secured to the inhabitants thereof certain inalienable rights, of which they cannot be deprived by any legislative enactment, therefore no religious test shall ever be required as a qualification to any office or public trust; no law shall be in force or enforced in said Territory respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or of the right of the people peaceably to assemble and petition for the redress of grievances; the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized; nor shall the rights of the people to keep and bear arms be infringed. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation. In all criminal prosecution the accused shall enjoy the right to a speedy and public trial by an impartial jury of the district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process of obtaining witnesses in his favor, and to have the assistance of counsel for his defence. The privilege of habeas corpus shall not be suspended unless, when in case of rebellion or invasion, the public safety may require it. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by jury shall be otherwise re-examined in any court of the United States than according to the rules of the common law. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. No law shall be made or have force or effect in said Territory which shall require a test oath or oath to support any act of Congress or other legislative act as a qualification for any civil office or public trust, or for any employment or profession, or to serve as a juror or vote at an election, or which shall impose any tax upon or condition to the exercise of the right of suffrage by any qualified voter, or which shall restrain or prohibit the free discussion of any law or subject of legislation in the said Territory, or the free expression of opinion thereon by the people of said Territory.

• Sec. 19. And be it further enacted, That the following propositions be, and the same are hereby, offered to the said convention of the people of Kansas for their free acceptance or rejection, which, if accepted by the convention, shall be obligatory on the United States and upon the said State of Kansas, to wit:

  • First. That sections numbered sixteen and thirty-six in every township of public lands in said State, and where either of said sections, or any part thereof, has been sold or otherwise been disposed of, other lands, equivalent thereto and as contiguous as may be, shall be granted in said State for the use of schools.

  • Second. That seventy-two sections of land shall be set apart and reserved for the use and support of a State university, to be selected by the governor of said State, subject to the approval of the Commissioner of the General Land Office, and to be appropriated and applied in such manner as the legislature of said State may prescribe for the purpose aforesaid, but for no other purpose.

• Third. That ten entire sections of land, to be selected by the governor of said State, in legal subdivisions, shall be granted to said State for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof.

• Fourth. That all salt springs within said State, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said State for its use; the same to be selected by the governor thereof within one year after the admission of said State, and, when so selected, to be used or disposed of on such terms, conditions, and regulations as the legislature shall direct: Provided, That no salt spring or land, the right whereof is now vested in any individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall by this article be granted to said State.

• Fifth. That five per centum of the, net proceeds of sales of all public lands lying within said State, which shall be sold by Congress after the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State, for the purpose of making public roads and internal improvements, as the legislature shall direct: Provided, The foregoing propositions herein offered are on the condition, that the said convention which shall form the constitution of said State shall provide, by a clause in said constitution, or an ordinance, irrevocable without the consent of the United States, that said State shall never interfere with the primary disposal of the soil within the same, by the United States, or with any regulations Congress may find necessary for securing the title in said soil to bona fide purchasers thereof, and that no tax shall be imposed on lands belonging to the United States, and that in no case shall non-resident proprietors be taxed higher than residents.

• Sec. 20. And be it further enacted, That the President be, and he is hereby, authorized and empowered, upon application of the said board of commissioners, to employ such military force, according to existing laws, as he shall deem necessary to secure the faithful execution of the provisions of this act;

• It was determined in the affirmative,

• Yeas ... 32

• Nays ... 13

Just prior to this action by the Senate, the House had the following statement in their Journal of June 28, 1856:

"...And in the just preservation of rights and property, it is understood and declared that no law ought ever to be made or be in force in said Territory that shall in any manner interfere with or affect private contracts or engagements bona fide and without fraud previously proved. And the people of said Territory shall be entitled to the right to keep and bear arms, to the liberty of speech and of the press, as defined in the constitution of the United States, and all other rights of person or property thereby declared and as thereby defined.

"Sec. 17. And be it further enacted, That the following propositions be, and the same are hereby, offered to the said convention of the people of Kansas, when formed, for their free acceptance or rejection, which, if accepted by the convention and ratified by the people at the election for the adoption of the constitution, shall be obligatory on the United States and upon the said State of Kansas, to wit:...."