said territory or it to a state or ritory not im or without slavery, as their constitution may prescribe at Power to divide the time of their admission: Provided, That nothing in this to attach part of act contained shall be construed to inhibit the government territory reserv of the United States from dividing said territory into two ed. or more territories, in such manner and at such times as congress shall deem convenient and proper, or from attaching any portion of said territory to any other state or ter ritory of the United States: Provided, further, That nothing in this act contained shall be construed to impair the rights Rights of Indi of person or property now pertaining to the Indians in said ans, in said terterritory, so long as such rights shall remain unextinguished paired. by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not without the consent of said tribe, to be included within the territorial limits or jurisdiction of any state or territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the Territory of Kansas, until said tribe shall signify their assent to the president of the United States, to be included within the said Territory of Kansas, or to affect the authority of the government of the United States to make any regulation respecting such Indians, their lands, property, or other United States rights, by treaty, law, or otherwise, which it would have present authoribeen competent to the government to make if this act had y over said Innever passed: retain all their dians. a governor ; his powers, duties, § 20. And be it further enacted, That the executive power The executive and authority in and over said Territory of Kansas shall power vested in be vested in a governor, who shall hold his office for four tenure of office, years, and until his successor shall be appointed and quali- and emoluments fied, unless sooner removed by the president of the United States. The governor shall reside within said territory, and shall be commander-in-chief of the militia thereof. He may grant pardons and respites for offences against the laws of said territory, and reprieves for offences against the laws of the United States, until the decision of the president can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said territory, and shall take care that the laws be faithfully executed. ties. § 21. And be it further enacted. That there shall be a sec- Secretary; his retary of said territory, who shall reside therein, and hold powers and duhis office for five years, unless sooner removed by the president of the United States; he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and journals of the legislative assembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence semi-annually, on the first days of January and is to act as governor. July in each year, to the president of the United States, and two copies of the laws to the president of the senate and to the speaker of the house of representatives, to be When secretary deposited in the libraries of Congress; and. in case of the death, removal, resignation, or absence of the governor from the territory, the secretary shall be, and he is hereby authorized and required to execute and perform all the powers and duties of the governor during such vacancy or absence, or until another governor shall be duly appointed and qualified to fill such vacancy. Legislative power how vested. representatives. Number of councillors and representatives limited. of representation. § 22. And be it further enacted, That the legislative power Legislative as- and authority of said territory shall be vested in the gosembly to consist of a council vernor and legislative assembly. The legislative assembly and house of shall consist of a council and house of representatives. The council shall consist of thirteen members, having the qualification of voters, as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall, at its first session, consist of twentysix members, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year. The number of representa. tives may be increased by the legislative assembly, from Apportionment time to time, in proportion to the increase of qualified voters: Provided, That the whole number shall never exceed thirty-nine. An apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the council and representatives, giving to each section of the territory representation in the ratio of its qualified voters, as near as may be. And the members of the council and of the house of representatives shall reside in, and be inhabitants of, the district or county, or counties, for which they may be elected, respectively. Previous to the first election, the governor shall cause a census, or enumeration of the inhabitants and qualified voters of the several counties and districts of the territories, to be taken by such persons and in such mode as the governor shall designate and appoint; and the persons so appointed shall receive a reasonable compensation therefor. And the first election shall be held at such time and places, and le election shall be conducted in such manner, both as to the persons who shall declared elected. 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 person having the highest number of legal votes in each of said coun. cil district 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 Census to be taken when and how. How the first conducted--who Proviso in case of vacancy or no Subsequent elec duly elected members of said house: Provided, That in case two or more persons voted for shall have an equal number choice. 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 tions to be detersuch day as the governor shall appoint; but thereafter, the mined by the astime, 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 sembly. of the legisla the commencement of the regular sessions of the legislative Proviso as to assembly: Provided, That no session in any one year shall terms of sessions exceed the term of forty days, except the first session which tive assembly. may continue for sixty days. voters. § 23. And be it further enacted, That every free white Qualifications of male inhabitant, above the age of twenty-one years, who shall be an actual resident of said territory, and shall possess the qualifications hereinafter prescribed, shall be entitled to vote at the first election, and shall be eligible to any office 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 hold- Proviso. ing office shall be exercised only by citizens of the United Who have the right of suffrage States, and those who shall have declared, on oath, their and of holding intention to become such, and shall have taken an oath to office. support the constitution of the United States and the provisions of this act: And provided further, That no officer, Further proviso. soldier, seaman, 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. Legislative pow § 24. And be it further enacted, That the legislative er of the territopower of the territory shall extend to all rightful subjects of ry defined. legislation consistent with the constitution of the United States and provisions of this act; 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 territory, shall before it become a law, be presented to the governor of the territory; if he Governor's veto. approve, he shall sign it; but if not, he shall return it with his objections to the house in which it originated, who passed by twoshall enter the objections at large on their journal, and thirds of each proceed to reconsider it. If after such reconsideration, standing. Bill may be house notwith 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, unless returned 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. Bill to be a law by governor within three days. How townships, districts, and county oflicers aro to be appointed. No member of legislature shall of his election or § 24. 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 U.S. except the member, during the term for which he was elected, and for postmasters, not one year after the expiration of such term; but this restricof the assembly. 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. to be members 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 districts formed. 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 Three judicial courts and of peace. appoint its own courts herein provided for, both appellate and original, and Jurisdiction of that of the probate courts, and of justices of the peace justices of the 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, Ench district shall appoint its clerk, who shall also be the register in clerk. 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 deci- &c., allowed. sions 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 clerk. 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 from supreme 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 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 Proviso as to fugitives from corpus involving the question of personal freedom: Provided, justice and from That nothing herein contained shall be construed to apply labor. 66 and appeals ken to supreme States. to or affect the provisions to the act respecting fugitives from justice, and persons escaping from the service of their 1733, ch. 7. misters," approved February twelfth, seventeen hundred and ninety-three and the "act to amend and supplementary to the aforesaid act," approved September eighteen, eighteen 1850, ch. 60. hundred and fifty; 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 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 |