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held in the several voting precincts in this territory, on the first Tuesday in October, A. D. 1859.
SEC. 10. Each elector shall express his assent or dissent by voting a written or printed ballot labeled "For the Constitution," or "Against the Constitution."
SEC. 11. If a majority of all the votes cast at such election shall be in favor of the constitution, then there shall be an election held in the several voting precincts on the first Tuesday in December, A. D. 1859, for the elec tion of members of the first legislature, of all state, district and county officers provided for in this constitution, and for a representative in congress.
SEC. 12. All persons having the qualification of electors, according to the provisions of this constitution, at the date of each of said elections, and who shall have been duly registered according to the provisions of the registry law of this territory, and none others, shall be entitled to vote at each of said elections.
SEC. 13. The persons who may be judges of the several voting precincts of this territory at the date of the respective elections in this schedule provided for, shall be the judges of the respective elections herein provided for. SEC. 14. The said judges of election, before entering upon the duties of their office, shall take and subscribe an oath faithfully to discharge their duties as such. They shall appoint two clerks of election, who shall be sworn by one of said judges faithfully to discharge their duties as such. In the event of a vacancy in the board of judges, the same shall be filled by the electors present.
SEC. 15. At each of the elections provided for in this schedule the polls shall be open between the hours of nine and ten o'clock a. m. and closed at sunset.
SEC. 16. The tribunals transacting county business of the several counties shall cause to be furnished to the boards of judges in their respective counties two poll books for each election hereinbefore provided for, upon which the clerks shall inscribe the name of every person who may vote at the said elections.
SEC. 17. After closing the polls at each of the elections provided for in this schedule, the judges shall proceed to count the votes cast, and designate the persons or objects for which they were cast, and shall make two correct tally lists of the same.
SEC. 18. Each of the boards of judges shall safely keep one poll book and tally list, and the ballots cast at each election; and shall, within ten days after such election, cause the other poll book and tally list to be transmitted, by the hands of a sworn officer, to the clerk of the board transacting county business in their respective counties, or to which the county may be attached for municipal purposes.
SEC. 19. The tribunals transacting county business shall assemble at the county seats of their respective counties on the second Tuesday after each of the elections provided for in this schedule, and shall canvass the votes cast at the elections held in the several precincts in their respective counties, and of the counties attached for municipal purposes. They shall hold in safe keeping the poll books and tally lists of said elections, and shall, within ten days thereafter, transmit, by the hands of a sworn officer, to the president of this convention, at the city of Topeka, a certified transcript of the same. showing the number of votes cast for each person or object voted for at each of the several precincts in their respective counties, and in the counties attached for municipal purposes, separately.
SEC. 20. The governor of the territory and the president and secretary of the convention shall constitute a board of state canvassers, any two of whom shall be a quorum; and who shall, on the fourth Monday after each of the elections provided for in this schedule, assemble at said city of Topeka. and proceed to open and canvass the votes cast at the several precincts in the different counties of the territory, and declare the result; and shall immediately issue certificates of election to all persons (if any) thus elected.
SEC. 21. Said board of state canvassers shall issue their proclamation not less than twenty days next preceding each of the elections provided for in this schedule. Said proclamation shall contain an announcement of the several elections, the qualifications of electors, the manner of conducting said elections and of making the returns thereof, as in this constitution provided, and shall publish said proclamation in one newspaper in each of the counties of the territory in which a newspaper may be then published.
SEC. 22. The board of state canvassers shall provide for the transmission of authenticated copies of the constitution to the President of the United States, the president of the senate and speaker of the house of representatives.
SEC. 23. Upon official information having been by him received of the admission of Kansas into the union as a state, it shall be the duty of the governor-elect under the constitution to proclaim the same, and to convene the legislature, and to do all things else necessary to the complete and active organization of the state government.
SEC. 24. The first legislature shall have no power to make any changes in county lines.
SEC. 25. At the election to be held for the ratification or rejection of this constitution, each elector shall be permitted to vote on the homestead provision contained in the article on "Miscellaneous," by depositing a ballot inscribed "For the Homestead,” or “Against the Homestead"; and if a majority of all the votes cast at said election shall be against said provision, then it shall be stricken from the constitution.
Resolved, That the congress of the United States is hereby requested, upon the application of Kansas for admission into the union, to pass an act granting to the state forty-five hundred thousand acres of land to aid in the construetion of railroads and other internal improvements.
Resolved, That congress be further requested to pass an act appropriating fifty thousand acres of land for the improvement of the Kansas river from its mouth to Fort Riley.
Resolved, That Congress be further requested to pass an act granting all swamp lands within the state for the benefit of common schools.
Resolved, That congress be further requested to pass an act appropriating five hundred thousand dollars, or in lieu thereof five hundred thousand acres of land, for the payment of the claims awarded to citizens of Kansas by the claim commissioners appointed by the governor and legislature of Kansas under an act of the territorial legislature passed 7th February, 1859.
Resolved, That the legislature shall make provision for the sale or disposal of the lands granted to the state in aid of internal improvements and for other purposes, subject to the same rights of pre-emption to the settlers thereon as are allowed by law to settlers on the public lands.
Resolved, That it is the desire of the people of Kansas to be admitted into the union with this constitution.
Resolved. That congress be further requested to assume the debt of this territory.
Done in convention at Wyandotte, this 29th day of July, A. D. 1859. JAMES M. WINCHELL, President of the Kansas Constitutional Convention, and Member from Osage County.
CONSTITUTION OF KENTUCKY-1891*
We, the people of the Commonwealth of Kentucky, grateful to Almighty God for the civil, political and religious liberties we enjoy, and invoking the continuance of these blessings, do ordain and establish this Constitution.
BILL OF RIGHTS.
That the great and essential principles of liberty and free government may be recognized and established. We declare that:
SECTION 1. All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned:
First: The right of enjoying and defending their lives and liberties. Second: The right of worshipping Almighty God according to the dic tates of their consciences.
Third: The right of seeking and pursuing their safety and happiness. Fourth: The right of freely communicating their thoughts and opinions. Fifth The right of acquiring and protecting property.
Sixth: The right of assembling together in a peaceable manner for their common good, and of applying to those invested with the power of government for redress of grievances or other proper purposes, by petition. address or remonstrance.
Seventh The right to bear arms in defense of themselves and of the State. subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.
SEC. 2. Absolute and arbitrary power over the lives, liberty and proj erty of freemen exists nowhere in a republic, not even in the largest majority
SEC. 3. All men, when they form a social compact, are equal; and no grant of exclusive. separate public emoluments or privileges shall be made to any man or set of men, except in consideration of public services; but no property shall be exempt from taxation except as provided in this Constitution; and every grant of a franchise, privilege or exemption shall remain subject to revocation, alteration or amendment.
SEC. 4. All power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety, happiness and the protection of property. For the advancement of these ends. they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may deem proper.
SEC. 5. No preference shall ever be given by law to any religious sect. society or denomination; nor to any particular creed, mode of worship or system of ecclesiastical policy; nor shall any person be compelled to attend any place of worship, to contribute to the erection or maintenance of any such place, or to the salary or support of any minister of religion; nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed; and the civil rights, privileges or capacities of no person shall be taken away, or in anywise diminished or enlarged, on account of his belief or disbelief of any religious tenet, dogma or teaching. No human authority shall, in any case whatever, control or interfere with the rights of conscience.
SEC. 6. All elections shall be free and equal.
SEC. 7. The ancient mode of trial by jury shall be held sacred, and the right thereof remain inviolate, subject to such modifications as may be authorized by this Constitution.
*The constitution of Kentucky was drafted by a convention which assembled at Frankfort on September S. 1890, and adjourned on September 28, 1891. The constitution was not submitted to the voters for ratification, but was declared in force by the convention itself on September 28, 1891.
SEC. S. Printing presses shall be free to every person who undertakes to examine the proceedings of the General Assembly or any branch of government, and no law shall ever be made to restrain the right thereof. Every person may freely and fully speak, write and print on any subject, being responsible for the abuse of that liberty.
SEC. 9. In prosecutions for the publication of papers investigating the official conduct of officers or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libel the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.
SEC. 10. The people shall be secure in their persons, houses, papers and possessions, from unreasonable search and seizure; and no warrant shall issue to search any place, or seize any person or thing, without describing them as nearly as may be, nor without probable cause supported by oath or affirmation.
SEC. 11. In all criminal prosecutions the accused has the right to be heard by himself and counsel; to demand the nature and cause of the accusation against him; to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in his favor. He can not be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, unless by the judgment of his peers or the law. of the land; and in prosecutions by indictment or information, he shall have a speedy public trial by an impartial jury of the vicinage; but the General Assembly may provide by a general law for a change of venue in such prosecutions for both the defendant and the Commonwealth, the change to be made to the most convenient county in which a fair trial can be obtained.
SEC. 12. No person, for an indictable offense, shall be proceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger, or by leave of court for oppression or misdemeanor in office.
SEC. 13. No person shall, for the same offense, be twice put in jeopardy of his life or limb, nor shall any man's property be taken or applied to public use without the consent of his representatives, and without just compensation being previously made to him.
SEC. 14. All courts shall be open, and every person for an injury doue him in his lands, goods. person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.
SEC. 15. No power to suspend laws shall be exercised, unless by the General Assembly or its authority.
SEC. 16. All prisoners shall be bailable by sufficient securities, unless for capital offenses when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended unless when, in case of rebellion or invasion, the public safety may require it.
SEC. 17. Excessive bail shall not be required, nor excessive fines imposed, nor cruel punishment inflicted.
SEC. 18. The person of a debtor, where there is not strong presumption of fraud. shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be prescribed by law.
SEC. 19. No ex post facto law, nor any law impairing the obligation of Contracts, shall be enacted.
SEC. 20. No person shall be attainted of treason or felony by the General Assembly, and no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the Commonwealth.
SEC. 21. The estate of such persons as shall destroy their own lives shall descend or vest as in cases of natural death; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof.
SEC. 22. No standing army shall, in time of peace, be maintained without the consent of the General Assembly; and the military shall, in all
and at all times, be in strict subordination to the civil power; nor shall any soldier, 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. 23. The General Assembly shall not grant any title of nobility or hereditary distinction, nor create any office, the appointment of which shall be for a longer time than a term of years.
SEC. 24. Emigration from the State shall not be prohibited.
SEC. 25. except as a convicted.
Slavery and involuntary servitude in this State are forbidden. punishment for crime, whereof the party shall have been duly
SEC. 26. To guard against transgression of the high powers which we have delegated. We Declare that every thing in this Bill of Rights is excepted out of the general powers of government, and shall forever remain inviolate; ant all laws contrary thereto, or contrary to this Constitution, shall be void.
DISTRIBUTION OF THE POWERS OF GOVERNMENT.
SEC. 27. The powers of the government of the Commonwealth of Kentucky shall be divided into three distinct departments, and each of them be confined to a separate body of magistracy, to-wit: Those which are legislative, to one; those which are executive, to another; and those which are judiciai, to another.
SEC. 28. No person, or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
SEC. 29. The legislative power shall be vested in a House of Representatives and a Senate, which, together, shall be styled the "General Assembly of the Commonwealth of Kentucky."
SEC. 30. Members of the House of Representatives and Senators elected at the August election in one thousand eight hundred and ninety-one, and Senators then holding over, shall continue in office until and including the last day of December, one thousand eight hundred and ninety-three. Thereafter the term of office of Representatives and Senators shall begin upon the first day of January of the year succeeding their election.
SEC. 31. At the general election in the year one thousand eight hundred and ninety-three one Senator shall be elected in each Senatorial District, and one Representative in each Representative District. The Senators then elected shall hold their offices, one-half for two years and one-half for four years, as shall be determined by lot at the first session of the General Assembly after their election, and the Representatives shall hold their offices for two years. Every two years thereafter there shall be elected for four years one Senator in each Senatorial District in which the term of his predecessor in office will then expire, and in every Representative District one Representative for two years.
SEC. 32. No person shall be a Representative who, at the time of his election, is not a citizen of Kentucky, has not attained the age of twenty-four years, and who has not resided in this State two years next preceding his elec tion, and the last year thereof in the county, town or city for which he may be chosen. No person shall be a Senator who, at the time of his election, is not a citizen of Kentucky, has not attained the age of thirty years, and has not resided in this State six years next preceding his election, and the last year thereof in the district for which he may be chosen,
SEC. 33. The first General Assembly after the adoption of this Con stitution shall divide the State into thirty-eight Senatorial districts, and one hundred Representative districts, as nearly equal in population as may be without dividing any county, except where a county may include more than one district, which districts shall constitute the Senatorial and Representative districts for ten years. Not more than two counties shall be joined together