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SEC. 2. If the General Assembly shall enact a General Banking Law, such law shall provide for the registry and countersigning by the Auditor of State of all paper credit designed to be circulated as money, with ample collateral security, readily convertible into specie for the redemption of the same in gold or silver, shall be required; which collateral security shall be under the control of the proper officer, or officers of State. Such law shall restrict the aggregate amount of all paper credit to be circulated as money, and the aggregate amount to be put in circulation in any one year; and no note issued under the provision of this section shall be of a less denomination than ten dollars.

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, AttorneyGeneral, 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.

SEC. 3. The stockholders in every bank or banking company shall be individually liable to an amount over and above their stock equal to their respective shares of stock for all debts and liabilities of said bank or banking company. SEC. 4. All bills or notes issued as money shall be at all times redeemable in gold or silver; and Fourth: At the same time and place, the quali no law shall be passed sanctioning, directly or fied voters shall, under the same regulations and indirectly, the suspension by any bank or bank-restrictions, eleet a Member of Congress to reping company of specie payments. resent the State of Kansas in the XXXIVth 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.

SEC. 5. Holders of bank notes shall be entitled, in case of insolvency, to preference of specie payment over all other creditors.

SEC. 6. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals loaning money.

SEC. 7. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organization, and promptly thereafter to close its busi

ness.

SEC. 8. The State shall not be a stockholder in any bank or banking institution.

SEC. 9. All banks shall be required to keep offices and proper officers for the issue and redemption of their paper at some accessible and convenient point within the State.

SEC. 10. The said Banking law shall contain a provision reserving the power to alter, amend, or repeal said law.

Fifth The General Assembly shall meet on the fourth day of March, A. p. 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 Attorney-General 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.

[The Constitution then goes on to give the SEC. 11. At the time of submitting this Consti- boundaries of the Eighteen Election-Districts into tution to the electors for their approval or dis- which the State is to be divided, to apportion the approval, the articles numbered in relation to a Senators and Representatives, and to appoint General Banking Law shall be submitted as a the voting places and the Judges of election. distinct proposition in the following form: Gen-We subjoin the concluding sections:] eral Banking Law; Yes, or No; and if a majority of the votes cast shall be in favor of said article, then the same shall form a part of this Constitution; otherwise it shall be void and form no part

thereof.

SCHEDULE.

In order that no inconvenience may arise from the organization and establishment of a State Government, and that the wishes of the people may be fully accomplished, it is declared:"

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

Second: That this Constitution shall be submitted to the people of Kansas for ratification on the 15th day of December next.

Third: That each qualified elector shall express his assent or dissent to the Constitution by voting a written or printed ticket labeled " Constitution" or "No Constitution," which election shall be held by the same Judges, and conducted under the same regulations and restrictions as is hereinafter provided for the election of Members of the General Assembly, and the Judges therein named shall, within ten days after said election, seal up and transmit to the Chairman of the Executive Committee of Kansas Territory the result of said election, who shall forthwith make

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INSTRUCTION TO JUDGES.

SEC. 7. The three Judges will provide for each poll ballot-boxes for depositing the ballots cast by electors; shall appoint two clerks, all of whom shall be sworn or affirmed to discharge the duties of their respective offices impartially and with fidelity; and the Judges and Clerks shall have power to administer the oath or affirmation to each other; and the said Judges shall open said election at 9 o'clock A. M., at the place desig nated in each precinct, and close the same at 6 o'clock P. M. In case any of the officers appointed fail to attend, the officer or officers in attendance shall supply their places, and in the event of all of them failing to attend the qualified voters shall supply their places, and the said Judges shall make out duplicate returns of said election, seal up and transmit the same within ten days to the Chairman of the Executive Committce, one copy of which is to be laid before the General Assembly. If at the time of holding said election it shall be inconvenient, from any cause whatever, that would disturb or prevent the voters of any election-precinct in the Territory from the free and peaceable exercise of the elective franchise, the officers are hereby authorized to adjourn said election into any other precinct in the Territory, and to any other day they may see proper, of the necessity of which they shall be the exclusive judges, at which

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SEC. 9. No person shall be entitled to a seat in the first General Assembly at its organization except the members whose names are contained in the proclamation of the Chairman of the Executive Committee; but after the General Assembly is organized seats may be contested in the usual way.

SEC. 10. Certificates of indebtedness may be issued by the Territorial Executive Committee, for all necessary expenses accruing in the formation of the State Government, not exceeding $25,000; provided no certificates shall be issued except for legitimate expenses. All claims shall be made in writing, and shall be numbered and kept on file in the Secretary's office, and all certificates of indebtedness shall be signed by the President and Secretary, and countersigned by the Treasur,er and numbered to correspond with the numbers of the claim or bill for which it was issued. The certificate shall bear ten per cent. interest per annum.

SEC. 11. The first General Assembly shall provide by law for the redemption of the certificates of indebtedness issued under the provisions of the foregoing section.

SEC. 12. Until the great seal of the State of Kansas is agreed upon and procured, as provided for in the eleventh section of the fifth article of this Constitution, the Governor shall use his own private seal as the Seal of State.

SEC. 13. At the election for the ratification of

this Constitution, and the first election for State officers, a representation in the Congress of the United States and members of the General Assembly of this State, an actual residence in the Territory of thirty days immediately preceding said election shall be sufficient as a qualifica tion for the elector; and an actual residence of ninety days for the candidates, provided said election and candidates possess all the other qualifications required by the provisions of this Constitution.

SEC. 14. The first Legislature shall provide by law for the enforcement of the provisions of the 6th section of the Bill of Rights on or before the 4th day of July, 1857, as to all persons in the Territory before the adoption of this Constitutin, and as to all others, the provisions of said section shall operate from and after the ratification of this Constitution by the people.

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cation of the Kansas troubles, as also de cidedly against Gov. Seward's proposition to admit Kansas as a Free State, under her Topeka Constitution. Mr. Collamer, being the minority of the Territorial Committee, made a brief and pungent counte. report. Mr. Douglas gave notice that he would ask for a final vote on the day after the next.

July 1st.- Bill debated by Messrs. Thompson of Ky., Hale of N. H., Bigler of Pa., Adams of Miss., and Crittenden of Ky:

July 2d.--Debate continued through the day and following night, the majority resisting all motions to adjourn. Messrs. Wade, Pugh, Biggs, Bigler, Toombs, Clayton, Crittenden, Bell, Seward, Hale, and nearly half the Senate participated. An amendment moved by Mr. Adams of Miss., the day before, striking out so much of the bill as secures the Right of Suffrage, in the proposed reorganization of Kansas, to alien residents who shall have declared their intention to become citizens, and renounced all allegiance to foreign governments, was adopted: Yeas 22; Nays 16, as follows:

YEAS-Messrs. Adams and Brown of Miss.,

Bayard and Clayton of Del., Biggs and Reid of N. C., John Bell of Tenn., Brodhead of Penn., C. C. Clay and Fitzpatrick of Ala., Collamer and Foot of Vt., Crittenden and J. B. Thompson of Ky., Fessenden of Maine, Foster of Conn., Geyer of Mo., Hunter and Mason of Va., Iverson of Ga., Mallory and Yulee of Fla.-22.

NAYS-Messrs. Allen of R. I., Bigler of Pa., Butler and Evans of S. C., Bright of Ind., Cass of Mich., Dodge of Wisc., Douglas of Ill., Jones of Iowa, Pugh of Ohio, Seward of N. Y., Slidell of La., Toombs of Ga., Weller of Cal., Wilson of Mass., Wright of N. J.-16.

Sometime in the morning of July 3rd, the following amendment, reduced to shape by Mr. Geyer of Mo., was added to the 18th section of the bill-only Brown of Miss., Fitzpatrick of Ala., and Mason of Va., voting against it: Yeas 40. It provides that

"No law shall be made or have force or effect in said Territory [of Kansas] which shall require any attestation or oath to support any act of Congress or other legislative act, as a qualification for any civil office, 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."

An amendment proposed by Mr. Clayton, to the same effect as the above, but rather more comprehensive in its terms, was superseded by the adoption of the foregoing, by a party vote: Yeas 34; Nays 11 [FreeState men].

Mr. Trumbull of Ill. moved the following:

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the Territories of Nebraska and Kansas,' not to legislate slavery into Kansas, nor to exclude it therefrom, but to leave the people thereof perfectly free through their Territorial Legislature to regulate the institution of slavery in their own way, subject only to the Constitution of the United States, and that, until the Territorial Legislature acts upon the subject, the owner of a slave in one of the States has no right or authority to take such slave into the Territory of Kansas, and there hold him as a slave; but every slave taken to the Territory of Kansas by his owner for purposes of settlement is hereby declared to be free, unless there is some valid act of a duly constituted Legislative Assembly of said Territory, under which he may be held as a slave."

The Yeas and Nays being ordered, the proposition was voted down-Yeas 9; Nays 34-as follows:

YEAS-Messrs Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, Wade, and

Wilson-9.

NAYS-Messrs. Adams, Allen, Bayard, Bell of Tennessee, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Crittenden, Dodge, Douglas, Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa. Mallory, Pratt, Pugh, Reid, Sebastian, Slidell, Thompson of Kentucky, Toombs, Toucey, Weller, Wright, and Yulee-34.

lamer, Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, Wade, and Wilson-11.

NAYS-Messrs. Adams, Allen, Bayard, Bell of Tennessee, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Crittenden, Dodge, Douglas, Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Mal lory, Mason, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, Wright, and Yulee-36.

Mr. Foster of Conn. moved the following amendment :

"SEC.- And be it further enacted, That, until the inhabitants of said Territory shall proceed to hold a convention to form a State constitution according to the provisions of this act, and so long as said Territory remains a Territory, the following sections contained in chapter one hundred and fifty-one, in the volume transmitted to the Senate by the President of the United States, as containing the laws of Kansas, be, and the same are hereby, declared to be utterly null and void, viz. :

"SEC. 12. If any free person, by speaking or by writing, assert or maintain that persons have not the right to hold slaves in this Territory, or shall introduce into this Territory any book, paper, magazine, pamphlet, or circular, containing any denial of the right of persons to hold slaves in this Territory, such persons shall be deemed guilty of felony, and punished by imprisonment at hard labor for a term of not less than two years.

SEC. 13. No person who is conscientiously opposed

Mr. Trumbull then proposed the follow- to holding slaves, or who does not admit the right to ing:

"And be it further enacted, That the provision in the act to organize the Territories o Nebraska and Kansas,' which declares it to be 'the true intent and meaning' of said 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,' was intended to, and does, confer upon, or leave to, the people of the Territory of Kansas full power, at any time, through its Territorial Legisfature, to exclude slavery from said Territory or to recognize and regulate it therein.”

This, too, was voted down, as follows: YEAS-Messrs. Allen, Bell of New-Hampshire, Collamer, Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, and Wade-11.

NAYS-Messrs. Adams, Bayard, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Crittenden, Dodge, Douglas, Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Mallory, Mason, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, Wright, and Yulee

34.

Mr. Trumbull then proposed the following:

And be it further enacted, That all the acts and proceedings of all and every body of men heretofore assembled in said Territory of Kansas, and claiming to be a Legislative Assembly thereof, with authority to pass laws for the government of said Territory, are hereby declared to be utterly null and void. And no person shall hold any office, or exercise any authority or jurisdiction in said Territory, under or by virtue of any power or authority derived from such Legislative Assembly; nor shall the members thereof exercise any power or authority as such. This, too, was voted down, as follows: YEAS-Messrs. Bell of New-Hampshire, Col

hold slaves in this Territory, shall sit as a juror on the trial of any prosecution for the violation of any one of the sections of this act.""

This was rejected [as superfluous, or covered by a former amendment,] as fol

iws:

YEAS-Messrs. Allen, Bell of New-Hamp. shire, Clayton, Collamer, Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, Wade, and Wilson-13.

NAYS-Messrs. Bayard, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Dodge, Douglas, Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Mal lory, Mason, Pratt, Pugh, Reid, Sebastian, Sli dell, Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, Wright, and Yulee 32.

Mr. Collamer of Vt. proposed the following:

And be it further enacted, That until the people of said Territory shall form a constitution and State government, and be admitted into the Union under the provisions of this act, there shall be neither slavery nor involuntary servitude in said Territory, otherwise than in punishment of crimes whereof the party shall have been duly convicted: Provided always, That any person escaping into the same, from whom labor or service is lawfully claimed in any State, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her service or labor as aforesaid.

This was voted down as follows:

YEAS-Messrs. Bell of New-Hampshire, Collamer, Fessenden, Foot, Foster, Hale, Seward, Trumbull, Wade, and Wilson-10.

NAYS-Messrs. Bayard, Bell of Tennessee, Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Clayton, Crittenden, Dodge, Douglas, Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Mallory, Ma son, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart Thompson of Kentucky, Toombs, Toucey, Wel ler, Wright, and Yulee-35.

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SEC. 2. And be it further enacted, That it shall be the duty of said commissioners, under such regulations as the Secretary of the Interior may prescribe, to cause to be made a full and faithful enumeration of the legal voters resident in each county in the said Territory on the fourth day of July, eighteen hundred and fifty-six, and make returns thereof during the month of August next, returns shall be made to the office of the Secretary or as soon thereafter as practicable, one of which of the Interior, and one to the secretary of the Territory of Kansas, and which shall also exhibit the names of all such legal voters, classed in such manner as shall be prescribed by the regulations of the Secretary of the interior.

YEAS-Messrs. Bell of New Hampshire, Collamer, Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, Wade, and Wilson-11. NAYS-Messrs. Allen, Bayard, Bell of Tennessee. Benjamin, Biggs, Bigler, Bright, Brodhead, Brown, Cass, Clay, Clayton, Crittenden, Dodge, Douglas, Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Mal-pointment; and the commissioners shall meet lory, Mason, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, Wright, and Yulee-36.

The bill was now reported as amended, and the amendment made in Committee of the Whole concurred in. The bill was then (8 A. M.) ordered to be engrossed and read a third time; and, on the question of its final passage, the vote stood-Yeas 33; Nays 12-as follows:

SEC. 3. And be it further enacted, That it shall be the duty of the Secretary of the Interior, immediately after the passage of this act, to prescribe regulations and forms to be observed in making the enumeration aforesaid, and to furnish the same with all necessary blanks to each of the commissioners as soon as may be after their ap without delay at the seat of government of Kansas Territory, and proceed to the discharge of the duties herein imposed upon them, and appoint a secretary to the board and such other them in taking the enumeration herein provided persons as shall be necessary to aid and assist for, who must also be duly sworn faithfully, impartially, and truly to discharge the duties assigned them by the commissioners.

board of commissioners shall, so soon as said SEC. 4. And be it further enacted, That said census shall be completed and returns made, YEAS-Messrs. Allen, Bayard, Bell of Ten- proceed to make an apportionment of the memnessee, Benjamin, Biggs, Bigler, Bright, Brod-bers for a convention, among the different counhead, Brown, Cass, Clay, Crittenden, Douglas, Evans, Fitzpatrick, Geyer, Hunter, Iverson, Johnson, Jones of Iowa, Mallory, Pratt, Pugh, Reid, Sebastian, Slidell, Stuart, Thompson of Kentucky, Toombs, Toucey, Weller, Wright,

and Yulee-33.

NAYS-Messrs. Bell of New-Hampshire, Collamer, Dodge, Durkee, Fessenden, Foot, Foster, Hale, Seward, Trumbull, Wade, and Wilson

-12.

The bill was then sent to the House in the following shape:

AN ACT

To authorize the people of the Territory of Kansas to form a constitution and State government preparatory to their admission into the Union on an equal footing with the original States.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purpose of making an enumeration of the inhabitants, au thorized to vote under the provisions of this act, an apportionment and an election of members of a convention to form a State constitution for Kansas, as hereinafter provided, five competent persons shall be appointed by the President, by and with the advice and consent of the Senate, to be commissioners, a majority of whom shall constitute a quorum for the purpose of carrying into effect the provisions of this act, each of whom, before entering upon the duties of his office, shall take and subscribe an oath or affirmation that he will support the Constitution of the United States, and faithfully and impartially exercise and discharge the duties enjoined on him by this act, according to the best of his skill and judgment, which oath or affirmation shall be administered to them severally, and be duly certified by a judge, clerk, or commissioner of a court of the United States, and filed and recorded in the office of the Secretary of the Territory of Kansas.

ties in said Territory, in the following manner: The whole number of legal voters shall be divid ed by fifty-two, and the product of such division, rejecting any fraction of a unit, shall be the ratio or rule of apportionment of members among the several counties; and if any county shall not have a number of legal voters, thus ascertained, equal to the ratio, it shall be attached to some adjoining county, and thus form a representative district, the number of said voters in each counand the product shall be the number of representaty or district shall then be divided by the ratio, tives apportioned to such county or district: Provided, That the loss in the number of members caused by the fractions remaining in the several counties, in the division of the legal voters thereof, shall be compensated by assigning to so many counties as have the largest fractions an additional member for its fraction, as may be necessary to make the whole number of representatives fifty-two.

SEC. 5. And be it further enacted, That the said board, immediately after the apportionment of the members of said convention, shall cause a sufficient number of copies thereof and of the returns of the census (specifying the name of each legal voter in each county or district) to be published and distributed among the inhabitants of the several counties, and shall transmit one copy of the said apportionment and census, duly authenticated by them, to each clerk of a court of record within the Territory, who shall file the same, and keep open to the inspection of every inhabitant who shall desire to examine it, and shall also cause other copies to be posted up in at least three of the most public places in each voting precinct, to the end that every inhabitant may inspect the same, and apply to the board to correct any error he may find therein, in the manner hereinafter provided.

SEC. 6. And be it further enacted, That said board shall remain in session each day, Sundays excepted, from the time of making said apportionment until the twentieth day of October

next, at such places as shall be most convenient to the inhabitants of said Territory, and shall proceed to the inspection of said returns, and hear, correct, and finally determine according to the facts, without unreasonable delay, under proper regulations to be made by the board, for the ascertainment of disputed facts concerning said enumeration, all questions concerning the omission of any person from said returns, or the improper insertion of any name on said returns, and any other question affecting the integrity or fidelity of said returns, and for this purpose the said board and each member thereof shall have power to administer oaths and examine witnesses, and compel their attendance in such manner as said board shall deem necessary.

SEC. 7. And be it further enacted, That as soon as the said lists of legal voters shall thus have been revised and corrected, it shall be the duty of said board to cause copies thereof to be printed and distributed generally among the inhabitants of the proposed State, and one copy shall be deposited with the clerk of each court of record within the limits of the proposed State, and one copy delivered to each judge of the election, and at least three copies shall be posted up at each place of voting.

SEC. 8. And be it further enacted, That an election shall be held for members of a convention to form a constitution for the State of Kansas, according to the apportionment to be made aforesaid, on the first Tuesday after the first Monday in November, eighteen hundred and fifty-six, to be held at such places and to be conducted in such manner, both as to persons who shall superintend such election and the returns thereof as the board of commissioners shall appoint and direct, except in cases by this act otherwise provided; and at such election no person shall be permitted to vote unless his name shall appear on said corrected lists.

SEC. 9. And be it further enacted, That the board of commissioners shall have power, and it shall be their duty, to make all needful rules and regulations for the conduct of the said election and the returns thereof. They shall appoint three suitable persons to be judges of the election at each place of voting, and prescribe the mode of supplying vacancies. They shall cause copies of the rules and regulations, with a notice of the places of holding elections and the names of the judges, to be published and distributed in every election-district or precinct ten days before the day of election, and shall transmit a copy thereof to the clerk of each court of record, and one copy to each judge of election.

of a contest, in which it cannot be satisfactorily determined who was duly elected, said commissioners shall order a new election in like manner as is herein provided. Upon the completion of these duties the said commissioners shall return to Washington, and report their proceedings to the Secretary of the Interior, whereupon said commission shall cease and determine.

SEC. 11. And be it further enacted, That every white male citizen of the United States over twenty-one years of age, who may be a bona fide inhabitant of said Territory on the fourth day of July, eighteen hundred and fifty-six, and who shall have resided three months next before said election in the county in which he offers to vote, and no other persons whatever shall be entitled to vote at said election, and any person qualified as a voter may be a delegate to said convention, and no others; and all persons who shall possess the other qualifications for voters under this act, and who shall have been bona fide inhabitants of said Territory at any time since its organization, and who shall have absented themselves therefrom in consequence of the disturbances therein, and who shall return before the first day of October next and become bona fide inhabitants of the Territory with the intent of making it their permanent home, and shall present satisfactory evidence of these facts to the board of commissioners, shall be entitled to vote at said election, and to have their names placed on said corrected list of voters for that purpose and to avoid all conflict in the complete execu tion of this act, all other elections in said Territory are hereby postponed until such time as said convention shall appoint.

SEC. 12. And be it further enacted, That the said commissioners, and all persons appointed by them to assist in taking the census, shall have power to administer oaths and examine persons on oath in all cases where it shall be necessary to the full and faithful performance of their duties under this act; and the secretary shall keep a journal of the proceedings of said board, and transmit copies thereof from time to time to the Secretary of the Interior; and when said commissioners shall have completed the business of their appointment, the books and papers of the board shall be deposited in the office of the Secretary of the Territory and there kept as records of his office.

ceeding five hundred dollars, or by imprisonment of not less than three months, nor exceeding one year, or by both.

SEC. 13. And be it further enacted, That if any person by menaces, threats, or force, or by any other unlawful means, shall directly or indirectly attempt to influence any qualified voter in giving his vote, or deter him from going to SEC. 10. And be it further enacted, That the the polls, or disturb or hinder him in the free judges of election shall each, before entering on exercise of his right of suffrage at said election, the discharge of his duties, make oath or affirma- the person so offending shall be adjudged guilty tion that he will faithfully and impartially dis- of a misdemeanor, and punished by fine of not charge the duties of judge of the election accord-less than two hundred and fifty dollars, nor exing to law, which oath may be administered by any officer authorized by law to administer oaths. The clerks of election shall be appointed by the judges, and shall take the like oath or SEC. 14. And be it further enacted, That every affirmation, to be administered by one of the person, not being a qualified voter according to judges or by any of the officers aforesaid. Dupli- the provisions of this act, who shall vote at any cate returns of election shall be made and certi-election within the said Territory, knowing that fied by the judges and clerks, one of which shall be deposited in the office of the clerk of the tribunal transacting county business for the county in which the election is held, and the other shall be transmitted to the board of commissioners, whose duty it shall be to decide, under proper regulations to be made by themselves, who are entitled to certificates of election, and to issue such certificates accordingly, to the persons who, apon examination of he returns and of such proofs as shall be adduced in case of a contest, shall appear to have been duly elected in each county or district: Provided, In case of a tie or

he is not entitled to vote, and every person who shall, at the same election, vote more than once, whether at the same or a different place, shall be adjudged guilty of a misdemeanor, and be punished by fine of not less than one hundred dollars, nor exceeding two hundred and fifty dollars, or by imprisonment not less than three months, nor exceeding six months, or both.

SEC. 15. And be it further enacted, That any person whatsoever who may be charged with holding the election herein authorized, who shall willfully and knowingly commit any fraud or irregularity whatever,with the intent it to hinder, or

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