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Article Index

 

SEC. 9. For the purpose of taking the vote of the electors of this Territory for the ratification or rejection of this Constitution, an election shall be held in the several voting precincts in this Territory, on the first Tuesday in October, A.D. 1859.

SEC. 10. Each elector shall express his assent or dissent by voting a written or printed ballot, labeled, "For the Constitution" or, "Against the Constitution."

SEC. 11. If a majority of all the votes cast at such election shall be in favor of the Constitution, then there shall be an election held in the several voting precincts on the first Tuesday in December, A. D. 1859, for the election of members of the first Legislature, of all State, district and county officers provided for in this Constitution, and for a Representative in Congress.

SEC. 12. All persons having the qualifications of electors, according to the provisions of the Constitution, at the date of said elections, and who shall have been duly registered according to the provisions of the registry law of this Territory, and none others, shall be entitled to vote at each of said elections.

SEC. 13. The persons who may be judges of the several voting precinct of this Territory, at the date of the respective elections in this schedule provided for, shall be the judges of the respective elections herein provided for.

SEC. 14. The said judges of election, before entering upon the duties of their office, shall take and subscribe an oath faithfully to discharge their duties as such. They shall appoint two clerks of election, who shall be sworn by one of said judges faithfully to discharge their duties as such. In the event of a vacancy in the board of judges, the same shall be filled by the electors present.

SEC. 15. At each of the elections provided for in this schedule, the polls shall be opened between the hours of nine and ten o'clock A.M., and closed at sunset.

SEC. 16. The tribunals transacting county business of the several counties shall cause to be furnished to the boards of judges, in their respective counties, two poll books for each election hereinbefore provided for, upon which the clerks shall inscribe the name of every person who may vote at the said elections.

SEC. 17. After closing the polls at each of the elections provided for in this schedule, the judges shall proceed to count the votes cast, and designate the persons or objects for which they were cast, and shall make two correct tally lists of the same.

SEC. 18. Each of the boards of judges shall safely keep one poll book and tally list, and the ballots at each election, and shall, within ten days after such election, cause the other poll bok and tally list to be transmitted, by the hands of a sworn officer, to the clerk of the board transacting county business in their respective counties, or to which the county may be attached for municipal purposes.

SEC. 19. The tribunals transacting county business shall assemble at the county seats of their respective counties, on the second Tuesday after each of the elections provided for this schedule, and shall canvass the votes cast at the elections held in the several precincts in their respective counties, and of the counties attached for municipal purposes. They shall hold in safe keeping the poll books and tally lists of said elections, and shall, within tend days thereafter, transmit, by the hands of a sworn officer, to the President of this Convention, at the city of Topeka, a certified transcript of the same, showing the number of votes cast for each person or object voted for at each of the several precincts in their respective counties, and in the counties attached for municipal purposes, separately.

SEC. 20. The Governor of the Territory, and the President and Secretary of this Convention, shall constitute a Board of State Canvassers, any two of whom shall be a quorum; and who shall, on the fourth Monday after each of the elections provided for in this schedule, assemble a said city of Topeka, and proceed to open and canvass the votes cast at the several precincts in the different counties of the Territory, and declare the result; and shall immediately issue certificates of election to all persons (if any) thus elected.

SEC. 21. Said Board of State Canvassers shall issue their proclamation, not less than twenty days next preceding each of the elections provided for in this schedule. Said proclamation shall contain an announcement of the several elections; the qualifications of electors; the manner of conducting said elections and of making the returns thereof, as in this Constitution provided; and shall publish said proclamation in one newspaper in each of the counties of the Territory in which a newspaper may then be published.

SEC. 22. The Board of State Canvassers shall provide for the transmission of authenticated copies of the Constitution to the President of the United States, the President of the Senate, and Speaker of the House of Representatives.

SEC. 23. Upon official information having been by him received of the admissioin of Kansas into the Union as a State, it shall be the duty of the Governor elect under the Constitution to proclaim the same, and to convene the Legislature, and do all things else necessary to the complete and active organization of the State Government.

SEC. 24. The first Legislature shall have no power to make any changes in county lines.

SEC. 25. At the election to be held for the ratification or rejection of this Constitution, each elector shall be permitted to vote on the homestead provision contained in the article on "Miscellaneous," by depositing a ballot inscribed, "For the homestead," or "Against the homestead;" and if a majority of all the votes cast at said election shall be against said provisions, then it shall be stricken from the Constitution.

Resolutions

Resolved, That the Congress of the United States is hereby requested, upon the application of Kansas for admission into the Union, to pass an act granting to the State forty-five hundred thousand acres of land to aid the construction of railroads and other internal improvements.

Resolved, That Congress be further requested to pass an act appropriating fifty thousand acres of land for the improvement of the Kansas river from its mouth to Fort Riley.

Resolved, That Congress be further requested to pass an act granting all swamp lands within the State for the benefit of common schools.

Resolved, That Congress be further requested to pass an act appropriating five hundred thousand dollars, or in lieu thereof, five hundred thousand acres of land, for the payment of claims awarded to citizens of Kansas, by the Claim Commissioners appointed by the Governor and Legislature of Kansas, under an act of the Territorial Legislature, passed February 7, 1859.

Resolved, That the Legislature shall make provision for the sale or disposal of the lands granted to the State in aid of internal improvements and for other purposes, subject to the same rights of preemption to the settlers thereon as are no allowed by law to settlers on the public land.

Resolved, That it is the desire of the people of Kansas to be admitted into the Union with this Constitution.

Resolved, That Congress be further requested to assume the debt of this Territory.

Done in convention at Wyandotte, this 29th day of July A.D., 1859.

JAMES M. WINCHELL, 

President of the Kansas Constitutional Convention, and Delegate from Osage County.

 

ROBERT GRAHAM 

JAMES M. ARTHUR 

P.H. TOWNSEND

JOHN JAMES INGALLS 

JOSIAH LAMB

WM. HUTCHINSON

CALEB MAY

WM. MC CULLOGH

N.C. BLOOD

J.A. MIDDLETON

JAS. G. BLUNT

EDMUND G. ROSS

S.D. HOUSTON

J.C. BURNETT

JAS. HANWAY

LUTHER R. PALMER

WM. R. GRIFFITH

ALLEN CROCKER

JOHN TAYLOR BURRIS

SAM'L A. KINGMAN

SAM'L E. HOFFMAN

JOHN P. GREER

ROBT. J. PORTER

JAMES A. SIGNOR

JOHN RITCHIE

JAMES BLOOD

GEO. H. LILLIE

H.D. PRESTON

S.O. THACHER

R.L. WILLIAMS

BENJAMIN F. SIMPSON

EDWIN STOKES

W.P. DUTTON

JOHN A. MARTIN, Secretary