prevent, or defeat a fair expression of the popufar 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 have 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 scized; 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 present. ment or indictment of a grand jury; nor shall any person be subject for the same offense 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 with out 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 defense. The privilege of habeas corpus shall not be suspended, unless when in case of rebel. lion 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 fuct 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 gov ernor 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 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. Passed the Senate, July 2, 1856. ASBURY DICKINS, Secretary. The bill was never acted on in the House, but lay on the Speaker's table, untouched, when the session terminated by adjournment, Monday, Aug. 18th. July 8th.-In Senate, Mr. Douglas reported back from the Committee on Territories the House bill to admit Kansas as a State, with an amendment striking out all after the enacting clause, and inserting instead the Senate bill (No. 356) just given. Mr. Hale of N. H. moved to amend this substitute by providing that all who migrate to the Territory prior to July 4th, 1857, shall be entitled to a vote in determining the character of the institutions of Kansas: Lost; Yeas 13; Nays 32. Mr. Trumbull, of Ill. moved that all the Territorial laws of Kansas be repealed and the Territorial officers dismissed: Rejected; Yeas 12; Nays 32. Mr. Collamer of Vt. proposed an amendment, prohibiting Slavery in all that portion of the Louisiana purchase north of 36° 30' not included in the Territory of Kansas: Rejected-Yeas 12; Nays 30-as follows: YEAS-Messrs. Bell of N. H., Collamer, Dodge, Fessenden, Fish, Foot, Foster, Hale, Hamlin, Seward, Trumbull and Wade. NAYS-Messrs. Adams, Bayard, Benjamin, Biggs, Bright, Brodhead, Butler, Cass, Clay, Crittenden, Douglas, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Jones of Tenn., Mallory, Mason, Pearce, Pugh, Reid, Sebastian, Slidell, Stuart, Thompson of Ky., Toombs, Weler and Yulee. The substitute reported by Mr. Douglas was then agreed to: Yeas 32; Nays 13— and the bill in this shape passed. [This amendment was not concurred in nor ever acted on by the House.] 66 July 29th.-Mr. Dunn of Ind. called up a bill To reorganize the Territory of Kansas and for other purposes," which he had originally (July 7th) proposed as a substitute for Senate bill (No. 356) aforesaid. Its length, and the substantial identity of many of its provisions with those of other bills organizing Territories contained in this volume, dissuade us from quoting it entire. It provides for a legislative election on the first Tuesday in November next; and section 7 proceeds: But it shall not be competent for said Legislative Assembly to pass any ex post facto law, or law impairing the validity of contracts; nor any law in abridgment of the freedom of speech or of the press, or to deprive any one of the right of trial by jury, or of the writ of habeas corpus; nor any law requiring any property qualification, or religious test, for the right to vote, hold office, or practice law, or serve on juries, in any Court of Justice; neither shall any person, to be entitled to any of said privileges, be required to take an oath or affirmation to support any law other than the Constitution of the United States. Nor shall cruel or unusual punishments be allowed, nor reasonable bail be refused to any person accused of any crime except treason and murder, nor in the latter case unless the proof is evident or the presumption great. * Sec. 15. And be it further enacled, That all suits, processes, and proceedings, civil and criminal, at law and in chancery, and all indictments and informations which shall be pending and undetermined in the courts of the Territory of Kansas or of New-Mxeico, when this act shall take effect, shall remain in said courts where pending, to be heard, tried, prosecuted, and determined in such courts as though this act had all criminal prosecutions now pending in any of not been passed: Provided, nevertheless, That the courts of the Territory of Kansas imputing to any person or persons the crime of treason against the United States, and all criminal prosecutions, by information or indictment, against any person or persons for any alleged violation or disregard whatever of what are usually known as the laws of the Legislature of Kansas, shall be forthwith dismissed by the courts where such who may be restrained of his liberty by reason of prosecutions may be pending, and every person said prosecutions, shall be released therefrom without delay. Nor shall there hereafter be insti courts of the United States, or of said Territory tuted any criminal prosecution, in any of the against any person or persons for any such charge of treason in said Territory prior to the passage of this act, or any violation or disregard of said Legislative enactments at any time. Sec. 16. And be it further enacted, That all justices of the peace, constables, sheriffs, and all other judicial and ministerial officers, who shall be in office within the limits of said Territory when this act shall take effect, shall be, and they are hereby, authorized and required to continue to exercise and perform the duties of their respective offices as officers of the Territory of Kansas, temporarily, and until they, or others, shall be duly appointed and qualified to fill their places, in the manner herein directed, or until their offices shall be abolished. Sec. 23 grants to every actual settler a right of preemption to the quarter-section of public land improved and occupied by him in said Territory of Kansas, prior to Jan. 1st, 1858. The two last and most important sections of Mr. Dunn's bill are verbatim as follows: Sec. 24. And be it further enacted, That so much of the fourteenth section, and also so much of the thirty-second section, of the act passed at the first session of the thirty-third Congress, commonly known as the Kansas-Nebraska act, as reads as follows, to wit: " Except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March 6, 1820, which being inconsistent with the principle of non-intervention by Congress with Slavery in the States and Territories as recognized by the legislation of 1850, 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 in their own way, subject only to the Constitution of the United States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of 6th March, 1820, either protecting, establishing, prohibiting, or abolishing Slavery"-be and the same is hereby repealed, and the said eighth section of said act of the 6th of March, 1820, is hereby revived and declared to be in full force and effect within the said Territories of Kansas and Nebraska: Provided, however, That any person lawfully held to ser vice in either of said Territories shall not be discharged from such service by reason of such repeal and revival of said eighth section, if such person shall be permanently removed from such Territory or Territories prior to the 1st day of January, 1858; and any child or children born in either of said Territories, of any female lawfully held to service, if in like manner removed without said Territories before the expiration of that date, shall not be, by reason of any. thing in this act, emancipated from any service it might have owed had this act never been passed: And provided further, That any per son lawfully held to service in any other State or Territory of the United States, and escaping into either the Territory of Kansas or Nebraska, may be reclaimed and removed to the person or place where such service is due, under any law of the United States which shall be in force upon the subject. Sec. 25. And be it further enacted, That all other parts of the aforesaid Kansas-Nebraska act which relate to the said Territory of Kansas, and every other law or usage having, or which is pretended to have, any force or effect in said Territory in conflict with the provisions or the spirit of this act, except such laws of Congress and treaty stipulations as relate to the Indians, are hereby repealed, and declared void. | Knapp, Knight, Knowlton, Knox, Kunkel, Matteson, M'Carty, Miller, Moore, Morgan, Morrill, Nichols, Norton, Oliver, Parker, Pelton, Perry, Pettit, Pringle, Purviance, Ritchie, Sabin, Sage, Sapp, Sherman, Simmons, Spinner, Stanton, Stranahan, Tappan, Thurston, Todd, Trafton, Wade, Wakeman, Walbridge, Waldron, Wash burne of Ill., Washburn of Me., Watson, Welch, Wells, Wood, Woodruff, Woodworth88. NAYS-Messrs. Aiken, Barksdale, Bell, Bowie, Branch, Broom, Burnett, Campbell of Kentucky, Carlile, Caruthers, Caskie, Cobb of Ga., Cobb of Ala., Cox, Craige, Crawford, Cullen, Davidson, Davis of Md., Denver, Dowdell, Edmundson, English, Faulkner, Foster, Goode, Greenwood, Harris of Md., Harris of Ala., Harris of Illinois, Houston, Jewett, Jones of Tenn., Jones of Penn., Kennett, Kidwell, Lake, Leiter, Lumpkin, H. Marshall of Kentucky, Marshall of Illinois, Maxwell, Miller of Indiana, Millson, Packer, Peck, Phelps, Powell, Puryear, Quitman, Reade, Ready, Ricaud, Rivers, Ruffin, Savage, Shorter, Smith of Tenn., Smith of Va., Sneed, Stephens, Stewart, Swope, Taylor, Trippe, Underwood, Valk, Walker, Warner, Watkins, Winslow, Wright of Miss., Wright of Tenn., and Zollicoffer-74. This bill was not acted on by the Senate. The House in the course of its action on the several Annual Appropriation bills, affixed to several of them, respectively, provisos, abolishing, repealing, or suspending the various obnoxious acts of the Territorial Legisla ture; but all these were resisted by the Senate, and were ultimately given up by the House, save one appropriating $20,000 for the pay and expenses of the next Territorial Legislature, which the Senate gave up, on finding itself in serious disagreement with the House, and thus secured the passage of the Civil Appropriation bill. Finally the two Houses were at odds, on a proviso forbidding the employment of the Army to enforce the acts of the Shawnee Mission assemblage, claiming to be a Territorial Legislature of Kansas, when, at noon on the 18th of August, the Speaker's hammer fell, announcing the termination of the session, leaving the Army Mr. Dunn having carried a reference to the bill unpassed. But President Pierce immeCommittee of the Whole, of a bill introduced diately issued a proclamation convening an by Mr. Grow, repealing all the acts of the al- extra session on the 21st (Thursday), when leged Territorial Legislature of Kansas, now the two Houses reconvened accordingly, and moved and carried a reconsideration of that a full quorum of each was found to be prevote, and proceeded to the striking out of sent. The House promptly repassed the Mr. Grow's bill and the insertion of his own Army bill, again affixing a proviso forbidas a substitute. This motion prevailed. ding the use of the army to enforce the disWhereupon Mr. Dunn moved the previous puted Territorial laws, which proviso the question on ordering this bill to be engrossed Senate as promptly struck out, and the and read a third time, which prevailed-House as promptly reinserted. The Senate Yeas 92; Nays 86-and then the bill passed --Yeas 88; Nays 74-as follows: YEAS-Messrs. Albright, Allison, Ball, Barbour, Benson, Bishop, Bliss, Bradshaw, Brenton, Buffinton, Campbell of Pa., Campbell of Ohio, Chaffee, Clawson, Colfax, Comins, Covode, Cumback, Damrell, Dean, Dick, Dodd, Dunn, Durfee, Edie, Edwards, Emrie, Flagler, Giddings, Gilbert, Granger, Grow, Hall of Mass., Harlan, Harrison, Haven, Holloway, Horton of N. Y., Horton of Ohio, Hugliston, Kelsey, King, insisted on its disagreement, but asked no conference, and the House (Aug. 22d) by a close vote decided to adhere to its proviso: Yeas 97; Nays 93; but one of the yeas (Bocock of Va.) was so given in order to be able to move a reconsideration; so that the true division was 96 to 94, which was the actual division on a motion by Mr. Cobb of Ga. that the House recede from its position. Finally, a motion to reconsider was made and laid on the table: Yeas 97; Nays 96; and the House thereupon adjourned. Aug. 23d. The Senate also voted to adhere: Yeas 35; Nays 9. Mr. Clayton proposed a Committee of Conference, to which Mr. Seward objected. No action. therein, or by extending Slavery rorth of that latitude, is a violation of said compromise and a direct attack upon the harmony and stability of the Union. Mr. Dunn of Ind. moved that this do lie on the table: Carried: Yeas 101; Nays 83. Mr. Cobb of Ga. moved that the House In the House, Mr. Campbell of Ohio pro-recede from its Kansas proviso: Defeated: posed a similar Committee of Conference. Objected to. Mr. Matteson of New-York submitted the following: Whereas, By an act passed by the two Houses of Congress, and approved by the President, entitled Joint resolution for annexing Texas to the United States, approved March 1, 1845," articles of compact were offered to Texas for her admission into the Union " upon certain condi tions and guarantees," the third article of which tendered compact was in these words: "New States of convenient size, not exceeding four in number, ia addition to said State of Texas, and having sufficient population, may hereafter, by the Yeas 97; Nays 100. Adjourned. with or without the proviso continued until The struggle for the passage of the bill Saturday, August 30th, when, several members, hostile to the proviso, and hitherto absent, unpaired, having returned, the House again passed the Army bill with the proviso modified as follows: Provided, however, that no part of the military force of the United States, for the support of which appropriations are made by this act, shall be employed in aid of the enforcement of any enactments heretofore made by the body claim consent of said State, be formed out of the Territory ing to be the Territorial Legislature of Kansas. thereof, which shall be entitled to admission under the Foderal Constitution; and such States as may be formed out of that portion of said Territory lying south of 36 30' north latitude, commonly known as the Missouri Compromise line, shall be admitted into the Union, with or without Slavery, as the people of each State asking admission may desire; and in such State or States as shall be formed out of said Territory north of said Compromise line, Slavery or invol untary servitude (except for crime) shall be prohibited;" And whereas, Texas, by a solemn public act, done in a convention of the people, according to the requirements of the said act of Congress, did accept the said articles of compact, and was admitted into the Union as one of the United States upon the "conditions and guarantees" mentioned in said joint resolution, and is now a State of this Union in virtue thereof; The bill passed as reported (under the Previous Question :) Yeas 99; Nays 79; and was sent to the Senate, where the above Proviso was stricken out: Yeas 26; Nays 7; and the bill thus returned to the House, when the Senate's amendment was concurred in by the following vote: YEAS-Messrs. Aiken, Akers, Barksdale, Bell, Bennett of Miss., Bocock, Bowie, Boyce, Branch, Burnett, Cadwalader, Campbell of Ky., Carlile, Caskie, Clingman, Cobb of Ga., Cobb of Ala., Cox, Craige, Crawford, Cullen, Davidson, Davis of Md., Denver, Dowdell, Edmundson, Elliott, Etheredge, Eustis, Evans, Faulkner, Florence, Fuller of Me., Goode, Greenwood, Hall of Iowa, Harris of Md., Harris of Ala., Harris of Ill., Har And whereas, The said third article of com- rison, Haven, HICKMAN, Hoffman, Houston, pact as aforesaid, containing a limitation of Sla- Jewett, Jones of Tenn., Jones of Penn., Keitt, very in restricting the number of Slave States to Kelly, Kennett, Kidwell, Lake, Letcher, Lumpbe formed in Texas south of thirty-six degrees kin, A. K. Marshall of Ky., Humphrey Marshall thirty minutes, to four States in addition to of Ky., Marshall of Ill., Maxwell, McMullen Texas itself, and also a prohibition of Slavery, McQueen, Miller of Ind., Millson, Oliver of Mo. except for crime, north of thirty-six degrees thirty Orr, Packer, Peck, Phelps, Porter, Powell minutes north latitude, is an independent and Puryear, Quitman, Ricaud, Rivers, Ruffin, Rust substantive motion, irrepealable by either of the Sandidge, Savage, Seward, Shorter, Smith of contracting parties without the consent of the Tenn., Smith of Va., Smith of Ala., Sneed, Steother, and is not repealed by the Kansas-Ne-phens, Stewart, Swope, Talbott, Taylor, Tyson, braska act, and could not be repealed by that Underwood, Vail, Walker, Warner, Wells, Wheeler, Whitney, Williams, Winslow, Wright of Miss., Wright of Tenn., and Zollicoffer-101. act: Therefore, be it resolved, That Slavery, except for crime, in all that part of the former province of Louisiana north of latitude thirty-six degrees thirty minutes is and remains prohibited, and that the President of the United States is under a double obligation to see that provision faithfully executed, both as a law of Congress and as a compact with a then foreign power, for a great and valuable consideration. And whereas, Besides being a compact with Texas, the said third article was a compromise between the Free and Slave States of this Union with limitation of Slavery, both as to the number of Slave States which might be formed in Texas, and the prohibition of Slavery north of thirty-six degrees thirty minutes, by virtue of which Texas was admitted into the Union, and without which she could not have been admitted: Therefore, Be it resolved, That any attempt to violate said third article of compromise, either by admitting a greater number of Slave States south of thirty-six degrees thirty minutes than allowed NAYS-Messrs. Albright, Allison, Barbour, BARCLAY, Bennett of N. Y., Benson, Billing hurst, Bingham, Bliss, Bradshaw, Brenton, Buffinton, Campbell of Penn., Campbell of Ohio Chaffee, E. Clark, Clawson, Colfax, Comins, Covode, Cragin, Cumback, Damrell, Davis of Mass., Dean, Dewitt, Dick, Dickson, Dodd, Dunn, Durfee, Edie, Edwards, Emrie, Flagler, Galloway, Giddings, Gilbert, Granger, Grow, Harlan, Holloway, Horton of N. Y., Howard, Hughston, Kelsey, King, Knapp, Knight, Knowlton, Knox, Kunkel, Leiter, Mace, Matteson, McCarty, Morgan, Mott, Murray, Norton, Oliver of N. Y., Parker, Pelton, Pennington, Pettit, Pike, Pringle, Purviance, Ritchie, Roberts, Robbins, Robison, Sabin, Sage, Sapp, Scott, Sherman, Simmons, Spinner, Stanton, Stranahan, Tappan, Thorington, Thurston, Todd, Trafton, Wade, Wakeman, Walbridge, Waldron, Washburne of Ill., Washburne of Wisc., Washburn of Me.. Welch, Woodruff, and Woodworth-97. So the Proviso was beaten at last, and the Fillmore with nearly or quite all those supbill passed, with no restriction on the Pre- porting Buchanan) finally acquiescing. sident's discretion in the use of the Army in In conclusion, it may be said, generally, Kansas; just as all attempts of the House, that nothing has been really done, or (owing to direct the President to have a nolle pro-to the triangular division of parties) could sequi entered in the case of the Free-State have been done, by this Congress with reprisoners in Kansas charged with aiding gard to Kansas, except to collect, authentithe formation and adoption of the Free-State cate, and present facts to be considered and constitution as aforesaid, had been previous- acted on by the People in the ensuing Prely beaten, after prevailing in the House sidential and Congressional elections. By the Senate striking them out and the House the result of these, in all human probability, (by a union of nearly all the supporters of the fate of Kansas is now to be decided. |