unless returned 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 Bills to be a law 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. by governor within three days. How townships, districts, and are to be appointed. county officers No member of legislature shall of his election or for one year § 25. And be it further enacted, That 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 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. § 26. And be it further enacted, That no member of the hold certain of legislative assembly shall hold, or be appointed to, any fices during term office which shall have been created, or the salary or emoluments of which shall have been increased, while he was a after. Officers of member, during the term for which he was elected, and for U. S. except the postmasters, not one year after the expiration of such term; but this restricto be members tion shall not be applied 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 hold any office under the government of said territory. of the assembly. The judicial power--in whom to be exercised. § 27. And be it further enacted, That the judicial power of said territory shall be vested in a supreme court, district vested and how 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 districts, 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. Jurisdiction of shall be assigned them. The jurisdiction of the several courts and of courts herein provided for, both appellate and original, and that of the probate courts, and of justices of the peace, Three judicial districts formed. justices of the peace. clerk. &c., allowed. from supreme ken to supreme shall be as limited by law: Provided, That justices of the Proviso. 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, Each district shall appoint its clerk, who shall also be the register in court appoint its chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exceptions, and Writs of error, 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 jury be allowed in said court. The supreme court or the justices Supreme court thereof, shall appoint its own clerk, and every clerk shall appoint its own hold his office at the pleasure of the court for which he shall have been appointed. Writs of error, and appeals writs of error from the final decisions of said supreme court shall be and appeals allowed, and may be taken to the supreme court of the United court when taStates, in the same manner and under the same regulations court of United as from the circuit court of the United States, where the States. 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 titles to slaves, Exception. the said writs of error, or appeals shall be allowed and decided by the 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 decision 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: Provided, Proviso as to That nothing herein contained shall be construed to apply justice and from to or affect the provisions to the "act respecting fugitives labor. from justice, and persons escaping from the service of their masters," approved February twelfth, seventeen hundred 1793, ch. 7, and ninety-three, and the "act to amend and supplementary to the aforesaid act," approved September eighteen, eighteen hundred and fifty; and each of the said district courts shall 1850, ch. 60. have and exercise the same jurisdiction in all cases arising under the constitution and laws of the United States; as is invested in the circuit and district courts of the United States, and the said supreme and district courts of the said territory, and the respective 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 fugitives from Certain causes to District of Columbia; and the first six days of every term take precedence. of said courts, or so much thereof as shall 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 in all such cases the same fees which the clerks of the district courts of Utah territory, now receive for similar services. Fees of clerks. The act-1793 ch. 7, 1850, ch. 60 extended over this territory. The attorney and marshal, tenure of their office and compensa tion. The governor, secretary, chief attorney and Oaths. 64 § 28. And be it further enacted, That the provisions of an act entitled An act respecting fugitives from justice, and persons escaping from the service of their masters," approved February twelve, seventeen hundred and ninetythree, and the provisions of the act entitled "An act to amend and supplementary to, the aforesaid act," approved September eighteen, eighteen hundred and fifty, be, and the same are hereby declared to extend to and be in full force within the limits of said Territory of Kansas. § 29. And be it further enacted, That 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 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 services. § 30. And be it further enacted, That the governor, secrejustice, and ns- tary, chief justices and associate justices, attorney and sociate justices, marshal, shall be nominated, and by and with the advice marshal-how and consent of the senate, appointed by the president of the to be appointed. United States. The governor and secretary to be appointed as aforesaid, 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; ernor. justice and asso lary. of members of 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 Salary of govan annual salary of two thousand five hundred dollars. The chief justice and associate justices shall each receive Salary of chief an annual salary of two thousand dollars. The secretary ciate judges. shall receive an annual salary of two thousand dollars. The Secretary's sasaid salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the treasury of the United States; but no such payments shall be made until said officers shall have entered upon the duties of their respective appointments. The members of the legislative assembly Compensation shall be entitled to receive three dollars each per day during the legislative their attendance at the sessions thereof, and three dollars assembly. each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually traveled 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, Pay of certain and assistant clerk, a sergeant-at-arms and doorkeeper, house. 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 assembly; but no other officer shall be paid by the United States: Provided, That there shall be but one session of the legis- Proviso as to lature annually, unless on an extraordinary occasion, the sions annually. governor shall think proper to call the legislature together. There shall be appropriated annually, the usual sum, to be expended by the governor, to defray the contingent expenses of the territory, including a salary of a clerk of Contingent exthe executive department; and there shall also be appropri- for. ated, 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 dis-" bursement of all moneys intrusted to him, be governed officers of each number of ses penses provided 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 Expenditures of 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 to such objects. legislative as sembly limited. Seat of government at Fort Leavenworth. § 31. And be it further enacted, That the seat of government of said territory is hereby located temporarily at Fort Public buildings Leavenworth; and that such portions of the public buildings used as govern- as may not be actually used and needed for military pur poses, 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. or directs. A delegate to be elected to the congress of the United States. and applicable § 32. And be it further enacted, That 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 places, 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 certiThe constitution ficate thereof shall be given accordingly. That the constitulaws of the U. S. tion and all laws of the United States, which are not locally in the territory inapplicable, shall have the same force and effect within except the the said Territory of Kansas as elsewhere within the United ch. 22, declared States, except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March sixth, eighteen hundred and twenty, which, being inconsistent with the principle of non-intervention by congress with slavery in the states and territories, as recognized by the legislation of eighteen hundred and fifty, commonly called the compromise measures, is hereby declared inoperative and void; it being the true intent and meaning 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 Proviso as to re- in their own way, subject only to the constitution of the vival of laws United States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regu shall be in force eighth section of void. The intent of this act concerning slavery. concerning sla very. |