SEC. 8. The privilege of the writ of habeas corpus shall not be suspended, unless in case of rebellion or invasion the public safety requires it.

SEC. 9. All persons shall be bailable by sufficient sureties, unless for capital offences where the proof is evident, or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

SEC. 10. Except in cases of impeachment, and cases arising in the army and navy, or in the militia, when in actual service, in time of war or public danger, and in cases of petit larceny and other inferior offences, no person shall be held to answer for a capital or otherwise infamous crime unless on presentment or indictment of a grand jury. In any trial, in any court, the party accused shall be allowed to appear and defend in person, and with counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face, and to have compulsory process to procure the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offence is alleged to have been committed; nor shall any person be compelled in any criminal case to be a witness against himself, or be twice put in jeopardy for the same offence.

SEC. 11. Every citizen may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury that the matter charged as libellous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.

SEC. 12. No person shall be transported out of the State for any offence committed within the same, and no conviction shall work corruption of blood or forfeiture of estate.

SEC. 13. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in a manner prescribed by law.

SEC. 14. The right of the people to be secure in their persons, houses, papers and possessions, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.

SEC. 15. No person shall be imprisoned for debt in any civil action, or mesne or final process, unless in case of fraud.

SEC. 16. All courts shall be open; and every person for an injury done him in his land, goods, person or reputation, shall have remedy by due course of law, and justice administered without denial or delay.

SEC. 17. No hereditary emoluments, honors or privileges shall ever be granted or conferred by this State.

SEC. 18. No power of suspending laws shall ever be exercised, except by the General Assembly.

SEC. 19. The payment of a tax shall not be a qualification for exercising the right of suffrage.

SEC. 20. Private property shall ever be held inviolate, but subservient to the public welfare. When taken in time of war, or other public exigency imperatively requiring its immediate seizure, or for the purpose of making or repairing roads which shall be open to the public use without toll or other charge therefor, a compensation shall be made to the owner in money; and in all other cases where private property shall be taken for public use, a compensation therefor shall first be made in money, first secured by a deposit of money; and such compensation shall be assessed by a jury, without deduction for benefits to any property of the owner.

SEC. 21. No indenture of any negro or mulatto, made and executed out of the bounds of the State, shall be valid within the State.

SEC. 22. This enumeration of rights shall not be construed to impair or deny others retained by the people; and all powers not herein delegated shall remain with the people.

ARTICLE II.—ELECTIVE FRANCHISE.

SECTION 1. In all elections by the people, the vote shall be by ballot; and in all elections in the General Assembly, the vote shall be viva voce.

SEC. 2. Every white male person, and every civilized male Indian who has adopted

the habits of the white man, of the age of twenty-one years and upward, who shall be at the time of offering to vote a citizen of the United States; who shall have resided, and had his habitation, domicile, home, and place of permanent abode in the State of Kansas for six months next preceding the election at which he offers his vote; who, at such time, and for thirty days immediately preceding such time, shall have had his actual habitation, domicile, home, and place of abode in the county in which he offers to vote; and who shall have resided in the precinct or election district for at least ten days immediately preceding the election, shall be deemed a qualified elector at all elections under this Constitution, except at elections by general ticket in the State or district prescribed by law, in which case the elector must have the aforesaid qualifications, but a residence in said district for ten days will entitle him to vote: Provided, That no soldier, seaman, or marine of the regular army of the United States shall be considered a resident of the State in consequence of being stationed within the same.

SEC. 3. The General Assembly shall, at its first session, provide for the registration of all qualified electors in each county, and thereafter, from time to time, of all who may become qualified electors.

SEC. 4. The Legislature shall have power to exclude from every office of honor, trust or profit, within the State, and from the right of suffrage, all persons convicted of any infamous crime.

SEC. 5. No person shall be deemed capable of holding or being elected to any post of honor, profit, trust or emolument, civil or military, or exercise the right of suffrage under the government of this State, who shall hereafter fight a duel, send or accept a challenge to fight a duel, or who shall be a second to either party, or who shall in any manner aid or assist in such a duel, or who shall be knowingly the bearer of such challenge or acceptance, whether the same occur or be committed in or out of the State.

SEC. 6. No person who may hereafter be collector or holder of public moneys shall be eligible to any office of trust or profit in the State until he shall have accounted for and paid into the proper public treasury all sums for which he may be accountable.

SEC. 7. No State officer or member of the General Assembly of this State shall receive a fee, be engaged as counsel, agent or attorney, in any case or claim against the State. SEC. 8. No Senator or Representative shall, during the term of office for which he shall have been elected, be appointed to any civil office of profit in this State which shall have been created, or the emoluments of which shall have been increased, during such term, except such offices as may be filled by election by the people.

SEC. 9. All officers, civil and military, in this State, before they enter upon the duties of their respective offices, shall take the following oath or affirmation: "I, do swear [or affirm] that I will support the Constitution of the United States, and of the State of Kansas; that I am duly qualified according to the Constitution to exercise the office to which I have been elected [or appointed], and will, to the best of my abilities, discharge the duties thereof faithfully and impartially, according to law."

SEC. 10. Every person shall be disqualified from holding any office of honor or profit in this State, who shall have been convicted of having given or offered any bribe to procure his election, or who shall have made use of any undue influence from power, tumult, or other improper practices.

SEC. 11. All civil officers of the State shall reside within the State, and all district and county officers within their respective districts and counties, and shall have their offices at such places as may be required by law.

SEC. 12. Returns of elections for members of Congress, the General Assembly, and all other officers not otherwise provided for, shall be made to the Secretary of State, in such manner as may be prescribed by law.

SEC. 13. Electors shall in all cases be privileged from arrest during their attendance on elections, and in going to and returning therefrom, except in case of felony, treason, and breach of the peace.

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 districts for which they are chosen on the first Monday of August, for one year, and their term of office shall commence 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 afterward shall be regulated by law.

SEC. 4. No person shall be eligible to the office of Senator or Representative, who shall not possess the qualifications of an elector.

SEC. 5. No person holding office under the authority of the United States, or any lucrative office under the authority of this State, shall be eligible to, or hold a seat in the General Assembly; but this provision shall not extend to township officers, justices of the peace, notaries public, postmasters, or officers of the militia.

SEC. 6. Each house, except as otherwise provided in this Constitution, shall choose its own officers, determine its own rule of proceeding, punish its members for disorderly conduct, and, with the concurrence of two-thirds, expel a member, but not the second time for the same cause; and shall judge, of the qualification, election and return of its own members, and shall have all other powers necessary 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 entered on the journal.

SEC. 8. Any member of either house shall have the right to protest against any act or resolution thereof; and such protest and reason therefor shall, without 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, felony or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; and for words spoken in debate they shall not be questioned in any other place.

SEC. 11. A majority of all the members elected to each house shall be necessary to pass every bill or joint resolution, and all bills and joint resolutions so passed shall be signed by the presiding officers of the respective houses, and presented to the Governor for his approval.

SEC. 12. The doors of each house, and of Committees of the Whole, shall be kept open. Neither house shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two houses shall be sitting, except for personal safety.

SEC. 13. Every bill shall be read by sections on three several days in each house, unless in case of emergency. Two-thirds of the house where such bill is pending may, if deemed expedient, suspend the rules on a call of the yeas and nays; but the reading of a bill by sections on its final passage shall in no case be dispensed with; and the vote on the passage of every bill or joint resolution shall be taken by yeas and nays.

SEC. 14. Every act shall contain but one subject, which shall be clearly expressed in its title. Bills may originate in either house, but may be altered, amended or rejected by the other.

SEC. 15. In all cases where a general law can be made applicable, special laws shall not be enacted.

SEC. 16. No act shall ever be revived or amended by mere reference to its title; but the act revived or the section amended shall be set forth and published at full length. SEC. 17. No act shall take effect until the same shall have been published and circulated in the counties of the State by authority, except in case of emergency, which emergency shall be declared in the preamble, or the body of the law.

SEC. 18. The election and appointment of all officers, and the filling of all vacancies not otherwise provided for by this Constitution, or the Constitution of the United States, shall be made in such manner as shall be prescribed by law; but no appointing power shall be exercised by the General Assembly, except as provided in this Constitu

tion and in the election of the United States Senator, and in these cases the vote shall be taken viva voce.

SEC. 19. The General Assembly shall not have power to enact laws annulling the contract of marriage in any case where, by law, the courts of this State may have power to decree a divorce.

SEC. 20. The General Assembly shall not have power to pass retroactive laws, or laws impairing the obligation of contracts, but may, by general laws, authorize courts to carry into effect, upon such terms as shall be just and equitable, the manifest intention of parties and officers, by curing omissions, defects and errors in instruments, and proceedings arising out of a want of conformity with the laws of this State.

SEC. 21. The style of the laws of this State shall be: "Be it enacted by the General Assembly of the State of Kansas."

SEC. 22. The House of Representatives shall have the sole power of impeachment. All impeachments shall be tried by the Senate, and, when sitting for the purpose, the Senators shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of all the Senators present.

SEC. 23. The Governor, and all other civil officers under the laws of this State, shall be liable to impeachment for any misdemeanor in office, but judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honor, profit or trust under this State. The party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punishment, according to law.

SEC. 24. Within one year after the ratification of this Constitution, and within every subsequent two years thereafter, for the term of ten years, an enumeration of all the white inhabitants of this State shall be made, in such manner as shall be directed by law.

SEC. 25. All regular sessions of the General Assembly shall be held at the capital of the State, and shall commence on the first Tuesday of January, annually.

SEC. 26. All bills for raising revenue shall originate in the House of Representatives, subject, however, to amendment or rejection as in other cases.

SEC. 27. The members of the General Assembly shall receive for their services the sum of four dollars per day for each and every day they are actually in attendance at any regular or special session, and four dollars for every twenty miles they shall travel in going to and returning from the place of meeting by the most usually travelled route; and no session of the General Assembly, except the first, under this Constitution, shall extend beyond the term of sixty days, nor any special session more than forty days.

SECTION 1. The Executive Department shall consist of a Governor, a LieutenantGovernor, Secretary of State, Treasurer, Auditor, and Attorney General, who shall be chosen by the electors of the State at the same time and place of voting for the members of the General Assembly.

SEC. 2. The Governor, Lieutenant-Governor, Secretary of State, Treasurer, Auditor, Attorney General, and State Printer, shall hold their office for two years. Their terms of office shall commence on the first Tuesday of January next after their election, and continue until their successors are elected and qualified-neither of which officers shall be eligible for re-election more than two out of three consecutive terms; nor shall any person be eligible for the office of Governor who shall not have attained the age of thirty years,

SEC. 3. The returns of every election for the officers named in the foregoing section, shall be sealed up and transmitted to the seat of Government by the returning officers, directed to the Secretary of State, who shall lay the same before the General Assembly at their first meeting thereafter, when they shall open, publish and declare the result thereof, in the presence of a majority of the members of both houses. The person having the highest number of votes shall be declared duly elected, and a certificate thereof given to such person, signed by the presiding officers of both bodies; but if any two or more shall be highest and equal in votes for the same office, one of them shall be chosen by the joint vote of both houses.

SEC. 4. The supreme executive power shall be vested in a Governor.

SEC. 5. He may require information in writing from the officers in the Executive Department upon any subject relating to the duties of their respective offices, and shall see that the laws are faithfully executed.

SEC. 6. He shall communicate at every session by message, to the General Assembly, the condition of the affairs of the State, and recommend such measures as he shall deem expedient for their action.

SEC. 7. He may, on extraordinary occasions, convene the General Assembly by proclamation, and shall state to both houses when assembled the purposes for which they were convened.

SEC. 8. In case of disagreement between the two houses, in respect to the time of adjournment, he shall have power to adjourn the General Assembly to such time as he may think proper, but not beyond the regular meeting thereof.

SEC. 9. He shall be Commander-in-Chief of the military in the State, except when they shall be called into the service of the United States.

SEC. 10. The pardoning power shall be vested in the Governor, under such regulations and restrictions as may be prescribed by law.

SEC. 11. There shall be a seal of the State, the device of which shall be fixed upon by the Governor and other State officers, be kept by the Governor and used by him officially, and shall be called "The Great Seal of the State of Kansas."

SEC. 12. All grants and commissions shall be used in the name and by the authority of the State of Kansas, sealed with the great seal, signed by the Governor, and countersigned by the Secretary of State.

SEC. 13. No member of either house of Congress, or other persons holding office under the authority of this State, or of the United States, shall execute the office of Governor except as herein provided.

SEC. 14. In the case of death, impeachment, resignation, removal or other disability of the Governor, the Lieutenant Governor shall exercise the duties of the office of Governor until another Governor shall be duly qualified; but in such case another Governor shall be chosen at the next annual election for members of the General Assembly, unless such death, resignation, impeachment, removal, or other disability shall occur within three calendar months immediately preceding such next annual election, in which case a Governor shall be chosen at the second succeeding annual election for members of the General Assembly; and in case of the death, impeachment, resignation, removal, or other disability of the Lieutenant Governor, the President of the Senate pro tem. shall exercise the office of Governor until a Governor shall be duly qualified as aforesaid.

SEC. 15. The Lieutenant Governor shall be President of the Senate, but shall vote only when the Senate is equally divided, and shall be entitled to the same pay as the Speaker of the House of Representatives; and in case of his death, impeachment, resignation, removal from office, or when he shall exercise the office of Governor, the Senate shall choose a President pro tem.

SEC. 16. Should the office of Secretary of State, Treasurer, Auditor or Attorney General become vacant, for any of the causes specified in the fourteenth and fifteenth sections, the Governor shall fill the vacancy or vacancies until the disability is removed or a successor is elected and qualified. Every such vacancy shall be filled by election, at the first general election that occurs more than thirty days after such vacancy shall have occurred, and the person chosen shall hold the office for the full term fixed in the second section of this article.

SEC. 17. The officers mentioned in this article shall, at stated times, receive for their services compensation to be fixed by law, which shall neither be increased nor diminished during the period for which they shall have been elected.

SEC. 18. The officers of the Executive Department and of the public State institutions shall, at least ten days preceding each regular session of the General Assembly, severally report to the Governor, who shall transmit the same to the General Assembly. SEC. 19. Every bill which shall have passed both houses shall be presented to the Governor. If he approve, he shall sign the same; but if he shall not approve, he shall return it with his objections to the house in which it shall have originated, who shall enter the objections at large upon the journal, and proceed to reconsider the same. If after such reconsideration two-thirds of that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which, likewise, it shall be reconsid