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CONSTITUTION: KANSAS-1855

ARTICLE III

DISTRIBUTION OF POWERS

SECTION 1. The powers of the government shall be divided into three separate departments, the legislative, the executive, including the administrative, and the judicial; and no person charged with official duties under one of these departments shall exercise any of the functions of another, except as in this constitution expressly provided.

ARTICLE IV

LEGISLATIVE

SECTION 1. The legislative power of this State shall be vested in the general assembly, which shall consist of a senate and house of representatives.

SEC. 2. The senators and representatives shall be chosen annually, by the qualified electors of the respective counties or district for which they are chosen, "t the first Monday of August, for one year, and their term of office shall comme te s on the first day of January next thereafter.

SEC. 3. There shall be elected at the first election twenty senators and sixty representatives, and the number afterwards shall be regulated by law.

SEC. 4. No person shall be eligible to the office of senator or representative wi shall not possess the qualifications of an elector.

SEC. 5. No person holding office under the authority of the United States, -7 any lucrative office under the authority of this State, shall be eligible to er have a seat in, the general assembly; but this provision shall not extend to forg ship officers, justices of the peace, notaries public, postmasters, or officers of the militia.

SEC. 6. Each house, except as otherwise provided in this constitution, shali choose its own officers, determine its own rule of proceeding, punish its men.?»r« for disorderly conduct, and, with the concurrence of two-thirds, expel a menter, but not the second time for the same cause; and shall judge of the qualificat, e, election, and return of its own members, and shall have all other powers necesSSATĮ for its safety and the undisturbed transaction of business.

SEC. 7. Each house shall keep a journal of its proceedings and publish the same The yeas and nays on any question shall, at the request of two members, be eztered on the journal.

SEC. 8. Any member of either house shall have the right to protest against arr act or resolution theerof; and such protest and reason therefor shall, wilbert alteration, commitment, or delay, be entered on the journal.

SEC. 9. All vacancies which may occur in either house shall, for the unexpired term, be filled by election as shall be prescribed by law.

SEC. 10. Senators and representatives shall in all cases, except treason, felets. or breach of the peace, be privileged from arrest during the session of the genera assembly, and in going to and returning from the same; and for words spoken z debate they shall not be questioned in any other place.

SCHEDULE

In order that no inconvenience may arise from the organization and establis ment of a State government, and that the wishes of the people may be fully ace plished, it is declared

First. That no existing rights, suits, prosecutions, claims, and contracts be affected by a change in the form of government.

Second. That this constitution shall be submitted to the people of Kansas ! 1 ratification on the 15th day of December next.

Third. That each qualified elector shall express his assent or dissent to constitution by voting a written or printed ticket. labelled “Constitution,” or constitution." which election shall be held by the same judges and conducted ar the same regulations and restrictions as is hereinafter provided for the eirc of members of the general assembly, and the judges therein named shall, with ten days after said election, seal up and transmit to the chairman of the eJARNITUR committee of Kansas Territory the result of said election, who shall forthw

make proclamation of the same; and in case the constitution be ratified by the people, the chairman of the executive committee shall cause publication to be made by proclamation that an election will be held on the third Tuesday of January, A.D. 1856, for governor, lieutenant-governor, secretary of state, treasurer, auditor, judges of the supreme court, State printer, attorney-general, reporter of the supreme court, clerk of the supreme court, and members of the general assembly, which said election shall be held by the same judges, under the same restrictions and conducted in the same manner as is hereinafter provided for the election of members of the general assembly; and the judges herein named are hereby required, within ten days after said election, to seal up and transmit duplicate copies of the returns of said election to the chairman of the executive committee, one of which shall be laid before the general assembly at its first meeting.

Fourth. At the same time and place the qualified voters shall, under the same regulations and restrictions, elect a member of Congress, to represent the State of Kansas in the Thirty-fourth Congress of the United States; the returns of said election to be made to the chairman of the executive committee, who shall deposit the same in the office of the secretary of state, as soon as he shall enter upon the discharge of the duties of his office.

Fifth. The general assembly shall meet on the fourth day of March, A.D. 1856, at the city of Topeka, at 12 m., at which time and place the governor, lieutenant-governor, secretary of state, judge of the supreme court, treasurer, auditor, State printer, reporter and clerk of the supreme court, and attorneygeneral, shall appear, take the oath of office, and enter upon the discharge of the duties of their respective offices under this constitution, and shall continue in office in the same manner and during the same period they would have done had they been elected on the first Monday of August, A.D. 1856.

Sixth. Until otherwise provided by law, the State shall be divided into election-districts; and the senators and representatives shall be apportioned among the several districts as follows:

First district.—Commencing in the Kansas River at the mouth of Cedar Creek; thence up said river to the first tributary above the town of Lawrence; thence up said tributary to its source; thence by a direct line to the west side of Johnson's house; thence by a due-south line to the Santa Fé road, and along the middle of said road to a point due south of the source of Cedar Creek ; thence due north to the source of Cedar Creek, and down the same to the place of beginning.

Second district.-Commencing at the mouth of Big Spring Branch, on the south bank of the Kansas River; thence up said branch to its furthest source; thence by a southerly line, crossing the Wakarusa River on the east side of the house of Charles Matney, to the middle of the Santa Fé road; thence along the middle of said road to line of the first district; thence by the same, along the west side of the house of Johnshon, to the head of the first tributary of the Kansas above the town of Lawrence; and thence by the same tributary to the Kansas River, and up the south bank of said river to the mouth of Big Spring Branch, the place of beginning.

Third district.-Commencing at the mouth of Big Spring Branch, on the south side of the Kansas River; thence up the same to its furthest source; thence by a southerly line to the north bank of the Wakarusa River, on the east side of the house of Charles Matney; thence up said river and its main branch to the line of the Pottawatomie reservation; and thence by the southern and western line of said reservation to the Kansas River, and down the said river to the place of beginning.

Fourth district.-Commencing at the Missouri State line, in the middle of the Santa Fé road; thence along the middle of said road to Rock Creek, near the 65th mile of said road; thence south to the line of the Shawnee reservation ceded by the treaty of 1854; thence due east, along the south line of said reservation and the north lines of the existing reservations of the Sacs and Foxes, the existing reservations of the Chippewas and Ottawas, and the reservations of the Painkeshaws, Weas, Peorias, and Kaskaskias, to the Missouri State line; thence up the Missouri State line to the place of beginning.

Fifth district.-Commencing at the Missouri State line at the southern boundary of the fourth district; thence west along the same to the northwest corner of the Sac and Fox reservation; thence due south along the west line thereof, and due south to the south branch of the Neosho River, about seventy miles above the Catholic Osage mission; thence down said river to the north line of the reserve

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for the New York Indians, and east along said line to the headwaters of Litte Osage River, or the nearest point thereto; and thence down said river to th Missouri State line, and up said line to the place of beginning.

Sirth district-Commencing on the Missouri State line in Little Osage River: thence up the same to the line of the reserve for the New York Indians, or the nearest point thereto; thence to and by the north line of said reserve to the N-21 River, and up said river and the south branch thereof to the head: and there by a due-south line to the southern line of the Territory; thence by the soubera and eastern lines of said Territory to the place of beginning.

Seventh district. Commencing at the east side of the house of Charles Matzer on the Wakarusa River; thence due south to the middle of the Santa Fe ro.!: thence westwardly, along the middle of said road, to Rock Creek, near the förh mile of said road; thence due south to the north line of the Sac and Fox POSITStion; thence along the north and west line thereof, and due south, to the New Tes River; thence up said river to a point due south of the mouth of Ein. Crees thence due north to the mouth of Elm Creek, and up said creek to the Santa Fe road; and thence by a direct line in a northerly direction to the southwest corder of the Pottawatomie reservation; thence along the southern line of said reena tion to the headwaters of the Wakarusa River, or the point nearest there! thence to and down the said river to the place of beginning.

Eighth district.—Commencing at the mouth of Elm Creek, one of the branches of Osage River; thence up the same to the Santa Fé road; thence by a dret northerly line to the southwest corner of the Pottawatomie reservation; thence up the western line thereof to Kansas River; thence up said river and the Smoky Hill Fork, beyond the most westerly settlements; thence due south to the Line of the Territory; thence by the same to the line of the sixth district: thence d'e road; thence up said road to the north line of the Territory; thence down sol river to the line of the seventh district; thence due north to the place of bein ning.

Ninth district. Commencing at Smoky Hill Fork, beyond the most we settlements; thence down the same and the Kansas River to the month of Wid Cat Creek; thence up said creek to the headwaters thereof; thence due north ti the Independence emigrant road; thence up said road to the north lines of than Territory; thence west, along the same, beyond the most westerly settlements and thence due south to the place of beginning.

Tenth district. Commencing at the month of Vermillion River; thence up same beyond the house of Josiah D. Adams; thence due north to the Independ emigrant road; thence up the middle of said road to the line of the ninth chetne thence by the same to the head of Wild Cat Creek, and down said creek to te Kansas River; thence down said river to the place of beginning.

Eleventh district.-Commencing in the Vermillion River, opposite the north witn of the house of Josiah D. Adams; thence up said river to the head of the mai branch; thence due north to the military road from Fort Leavenworth to For Kearney; thence along the middle of said road to the crossing of the Vernetic Branch of the Blue; thence due north to the northern line of the Territory; ther west, along said line, to the Independence emigrant road; thence down said res, to a point due west to the north end of the house of Josiah D. Adams, and də east to the place of beginning.

Twelfth district.-Commencing at the mouth of Soldier Creek, in the Kange River; thence up said creek to the head of the main branch; thence due pert to the military road from Fort Leavenworth to Fort Kearney; thence alta the middle of said road to the line of the eleventh district; thence dne s to the head of Vermillion River, down Vermillion River to the mouth, and desz Kansas River to the place of beginning.

Thirteenth district.-Commencing in the Kansas River, at a point three mies above the mouth of Stranger Creek; thence in a northwardly direction be line corresponding to and three miles west of the several courses of said erves to the line of the Kickapoo reservation; thence by the southern and wester line of said reservation to the military road from Fort Leavenworth to Fe Kearney; thence along the middle of said road to the line of the tweinh district; thence due south to the head of Soldier Creek, down Soldier Creek : the mouth, and down Kansas River to the place of beginning.

Fourteenth district.-Commencing at the mouth of Independence Creek; thence up said creek to the head of the main branch, and thence due west to the line of the late Kickapoo reservation; thence north along said line and the liz of the late Sac and Fox reservation to the north line of the Territory; thence

along said line eastwardly to the Missouri River, and down said river to the place of beginning.

Fifteenth district.-Commencing at the mouth of Salt Creek on the Missouri River; thence up said creek to the military road, and along the middle of said road to the lower crossing of Stranger Creek; thence up said creek to the line of the late Kickapoo reservation, and thence along the southern and western line thereof to the line of the fourteenth district; thence by the same, and down Independence Creek to the mouth thereof, and thence down the Missouri River to the place of beginning.

Sixteenth district.-Commencing at the mouth of Salt Creek; thence up said creek to the military road; thence along the middle of said road to the lower crossing of Stranger Creek; thence up said creek to the line of the late Kickapoo reservation, and thence along the same to the line of the thirteenth district, and thence by the same, along a line corresponding to the source of Stranger Creek, and keeping three miles west thereof, to the Kansas River; thence down the Kansas River to the Missouri, and up the Missouri River to the place of beginning.

Seventeenth district.-Commencing at the mouth of the Kansas River; thence up the south bank thereof to the mouth of Cedar Creek; thence up Cedar Creek to its source; and thence due south to the Santa Fé road, along the middle of said road to the Missouri State line, and along said line to the place of beginning.

Eighteenth district.-Commencing in the military road at the crossing of the Vermillion branch of Blue River; thence due north to the line of the Territory; thence east, along said line, to the fourteenth district; thence due south along said line to the aforesaid military road, and along the middle of said road to the place of beginning.

Senatorial and representative district.-1st. The first election-district shall be entitled to three senators and eight representatives.

2d. The second election-district shall be entitled to one senator and three representatives.

3d. The third election-district shall be entitled to one senator and three representatives.

4th. The fourth and seventeenth election-districts shall constitute the fourth senatorial and representative district, and be entitled to one senator and two representatives.

5th. The fifth election-district shall be entitled to three senators and nine representatives.

6th. The sixth, seventh, and eigth election-districts shall constitute the sixth senatorial and representative district, and be entitled to two senators and five representatives.

7th. The ninth and tenth election-districts shall constitute the seventh senatorial district, and be entitled to one senator and four representatives.

Sth. The eleventh and twelfth election-districts shall constitute the eighth senatorial and representative district, and be entitled to one senator and three representatives.

9th. The thirteenth election-district shall constitute the ninth senatorial and representative district, and be entitled to one senator and two representatives. 10th. The fourteenth and eighteenth election-districts shall constitute the tenth senatorial and representative district, and be entiled to two senators and seven representatives.

11th. The fifteenth election-district shall constitute the eleventh senatorial and representative district, and be entitled to one senator and five representatives. 12th. The sixteenth election-district shall consttiute the twelfth senatorial and representative district, and be entitled to three senators and nine representatives.

SEC. 3. Until otherwise provided by law, the election in the several districts shall be held at the following places, and the following-named persons are hereby appointed as judges of the elections:

CONSTITUTION: KENTUCKY-1792

2. No person, or collection of persons, being of one of these departments, shall exercise any power properly belonging to either of the other, except in the instances hereinafter expressly permitted.

3. The legislative powers of this commonwealth shall be vested in a general assembly, which shall consist of a senate and house of representatives.

4. The representatives shall be chosen annually, by the qualified electors of each county respectively, on the first Tuesday in May; but the several elections may be continued for three days, if, in the opinion of the presiding officers, it shall be necessary, and no longer.

5. No person shall be a representative who shall not have attained the age of twenty-four year, and have been a citizen and inhabitant of the State two years preceding his election, and the last six months thereof an inhabitant of the county in which he may be chosen; unless he shall have been absent on the public business of the United States, or this State.

6. Within two years after the first meeting of the general assembly, and within every subsequent term of four years, an enumeration of the free male inhabatants above twenty-one years of age shall be made, in such manner as may be directed by law. The number of the representatives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the several counties, according to the number of free male inhabitants above the age of twenty-one years in each, and shall never be less than forty, nor greater than one hundred; but no county hereafter erected shall be entitled to a separve representation, until a sufficient number of free male inhabitants above the age of twenty-one years shall be contained within it, to entitle them to one repre sentative, agreeable to the ratio which shall then be established.

7. The senators shall be chosen for four years.

8. Until the first enumeration be made, the senate shall consist of eleven members, and thereafter for every four members added to the house of representatives, one member shall be added to the senate.

9. In choosing the senate, one member at least shall be elected from exh county, until the number of counties is equal to the number of senators: after which, when a new county is made, it shall, as to the choice of senators, be eva sidered as being a part of the county or counties from which it shall have bera taken.

10. The senate shall be chosen in the following manner: All persons qualifiel to vote for representatives shall, on the first Tuesday in May, in the present year. and on the same day in every fourth year, forever thereafter, at the place appointed by law for choosing representatives, elect by ballot, by a majority of votes, as many persons as they are entitled to have for representatives for their respective counties, to be electors of the senate.

11. No person shall be chosen an elector who shall not have resided in the State three years next before his election, and who shall not have attained the age of twenty-seven years.

12. The electors of the senate shall meet at such place as shall be appointed for convening the legislature, on the third Tuesday in May, in the present year. and on the same day in every fourth year forever thereafter; and they, or a majority of them so met, shall proceed to elect by ballot, as senators, men of the most wisdom, ***

***house, without the consent of the owner, nor in time of war, but in a manter to be prescribed by law.

26. That the legislature shall not grant any title of nobility or hereditary de tinction, nor create any office the appointment to which shall be for a longer term than during good behavior.

27. That emigration from the State shall not be prohibited.

28. To guard against the high powers which have been delegated, we declar that everything in this article is excepted out of the general powers of goverz ment, and shall forever remain inviolate; and that all laws contrary thereto, or contrary to this constitution, shall be void.

SCHEDULE

1. That no inconvenience may rise from the establishing the government of this State, and in order to carry the same into complete operation, it is bereg declared and ordained, that all rights, actions, prosecutions, claims, and contraet as well individuals as of bodies-corporate, shall continue as if the said government had not be established.

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