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§ 7. The State may borrow money to repel invasion, suppress insurrection, or defend the State in time of war; but the money thus raised shall be applied exclusively to the object for which the loan was authorized, or to the repayment of the debt thereby created.

§ 8. The State shall never be a party in carrying on any works of internal improve

ment.

ARTICLE XII.

CORPORATION.

SECTION 1. The Legislature shall pass no special act conferring corporate powers. Corporations may be created under general laws; but all such laws may be amended or repealed.

§ 2. Dues from corporations shall be secured by individual liability of the stockholders to an additional amount equal to the stock owned by each stockholder, and such other means as shall be provided by law; but such individual liabilities shall not apply to railroad corporations, nor corporations for religious or charitable purposes.

§ 3. The title to all property of religious corporations shall vest in trustees, whose election shall be by the members of such corporations.

§ 4. No right of way shall be appropriated to the use of any corporation until full compensation therefor be first made in money, or secured by a deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation. § 5. Provision shall be made by general law for the organization of cities, towns and villages; and their power of taxation, assessment, borrowing money, contracting debts and loaning their credit, shall be so restricted as to prevent the abuse of such power. § 6. The term corporations, as used in this article, shall include all associations and joint stock companies having powers and privileges not possessed by individuals or partnerships; and all corporations may sue and be sued in their corporate name.

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ARTICLE XIII.

BANKS AND CURRENCY.

SECTION 1. No bank shall be established otherwise than under a general banking law. § 2. All banking laws shall require, as collateral security for the redemption of the circulating notes of any bank organized under their provisions, a deposit with the Auditor of State of the interest-paying bonds of the several States or of the United States, at the cash rates of the New York Stock Exchange, to an amount equal to the amount of circulating notes, which such bank shall be authorized to issue, and a cash deposit in its vaults of ten per cent, of such amount of circulating notes; and the Auditor shall register and countersign no more circulating bills of any bank than the cash value of such bonds when deposited.

§ 3. Whenever the bonds pledged as collateral security for the circulation of any bank shall depreciate in value, the Auditor of State shall require additional security, or curtail the circulation of such bank to such extent as will continue the security unimpaired.

4. All circulating notes shall be redeemable in the money of the United States. Holders of such notes shall be entitled, in case of the insolvency of such banks, to preference of payment over all other creditors.

5. The State shall not be a stockholder in any banking institution.

6. All banks shall be required to keep offices and officers for the issue and redemption of their circulation, at a convenient place within the State, to be named on the circulating notes issued by such bark.

§ 7. No banking institution shall issue circulating notes of a less denomination than [one dollar].*

§ 8. No banking law shall be in force until the same shall have been submitted to a vote of the electors of the State at some general election, and approved by a majority of all the votes cast at such election.

§ 9. Any banking law may be amended or repealed.

ARTICLE XIV.

AMENDMENTS.

SECTION 1. Propositions for the amendment of this Constitution may be made by either branch of the Legislature; and if two-thirds of all the members elected to each

*Originally "five dollars." The amendment was proposed June 3d, 1861, and accepted by the people at the November election following.

House shall concur therein, such proposed amendments, together with the yeas and nays, shall be entered on the journal; and the Secretary of State shall cause the same to be published, in at least one newspaper in each county of the State where a newspaper is published, for three months preceding the next election for Representatives, at which time the same shall be submitted to the electors for their approval or rejection; and if a majority of the electors voting on said amendments, at said election, shall adopt the amendments, the same shall become a part of the Constitution. When more than one amendment shall be submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately; and not more than three propositions to amend shall be submitted at the same election.

§ 2. Whenever two-thirds of the members elected to each branch of the Legislature shall think it necessary to call a Convention to revise, amend, or change this Constitution, they shall recommend to the electors to vote at the next election of members to the Legislature, for or against a convention; and if a majority of all the electors voting at such election shall have voted for a Convention, the Legislalure shall, at the next session, provide for calling the same.

ARTICLE XV.

MISCELLANEOUS.

SECTION 1. All officers whose election or appointment is not otherwise provided for, shall be chosen or appointed as may be prescribed by law.

§ 2. The tenure of any office not herein provided for may be declared by law; when not so declared, such office shall be held during the pleasure of the authority making the appointment, but the Legislature shall not create any office the tenure of which shall be longer than four years.

§ 3. Lotteries and the sale of lottery tickets are forever prohibited.

4. All public printing shall be let on contract, to the lowest responsible bidder, by such executive officers, and in such manner, as shall be prescribed by law.

§ 5. An accurate and detailed statement of the receipts and expenditures of the public moneys, and the several amounts paid, to whom, and on what account, shall be published, as prescribed by law.

6. The Legislature shall provide for the protection of the rights of women in acquiring and possessing property, real, personal and mixed, separate and apart from the husband; and shall also provide for their equal rights in the possession of their children.

§ 7. The Legislature may reduce the salaries of officers who shall neglect the performance of any legal duty.

§ 8. The temporary seat of government is hereby located at the city of Topeka, county of Shawnee. The first Legislature under this Constitution shall provide by law for submitting the question of the permanent location of the Capitol to a popular vote, and a majority of all the votes cast at some general election shall be necessary for such location.

§ 9. A homestead to the extent of one hundred and sixty acres of farming land, or of one acre within the limits of an incorporated town or city, occupied as a residence by the family of the owner, together with all the improvements on the same, shall be exempted from forced sale under any process of law, and shall not be alienated without the joint consent of husband and wife, when that relation exists; but no property shall be exempt from sale for taxes, or for the payment of obligations contracted for the purchase of said premises, or for the erection of improvements thereon; Provided, The provisions of this section shall not apply to any process of law obtained by virtue of a lien given by the consent of both husband and wife.

SCHEDULE.

SECTION 1. That no inconvenience may arise from the change from a territorial government to a permanent State government, it is declared by this Constitution that all suits, rights, actions, prosecutions, recognizances, contracts, judgments and claims, both as respects individuals and bodies corporate, shall continue as if no change had taken place.

§ 2. All fines, penalties, and forfeitures, owing to the Territory of Kansas, or any county, shall inure to the use of the State or county. All bonds executed to the Territory, or any officer thereof, in his official capacity, shall pass over to the Governor, or other officers of the State or county, and their successors in office, for the use of the State or county, or by him or them to be respectively assigned over to the use of those concerned, as the case may be.

3. The Governor, Secretary, and Judges, and all other officers, both civil and military, under the territorial government, shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this Constitution.

§4. All laws and parts of laws in force in the Territory at the time of the acceptance of this Constitution by Congress, not inconsistent with this Constitution, shall continue and remain in full force until they expire or shall be repealed.

§ 5. The Governor shall use his private seal until a State seal is provided.

§ 6. The Governor, Secretary of State, Auditor of State, Treasurer of State, AttorneyGeneral, and Superintendent of Public Instruction, shall keep their respective offices at the seat of government.

§ 7. All records, documents, books, papers, moneys, and vouchers belonging and pertaining to the several territorial courts and offices, and to the several districts and county offices, at the date of the admission of this State into the Union, shall be disposed of in such manner as may be prescribed by law.

§ 8. All suits, pleas, plaints, and other proceedings pending in any Court of Record, or Justices' Court, may be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari, injunctions, or other proceedings whatever, may progress and be carried on as if this Constitution had not been adopted, and the Legislature shall direct the mode in which such suits, pleas, plaints, prosecutions and other proceedings, and all papers, records, books, and documents connected therewith, may be removed to the courts established by this Constitution.

9. For the purpose of taking the vote of the electors of this Territory for the ratification or rejection of this Constitution, an election shall be held in the several voting precincts in this Territory on the first Tuesday in October, A. D. 1859.

10. Each elector shall express his assent or dissent by voting a written or printed ballot labelled "For the Constitution," or "Against the Constitution."

§ 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 election of members of the first Legislature, of all State, district, and county officers provided for in this Constitution, and for a Representative in Congress.

§ 12. All persons having the qualifications 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.

§ 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.

§ 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.

§ 15. At each of the elections provided for in this schedule the polls shall be opened between the hours of nine and ten o'clock A. M., and closed at sunset.

§ 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.

§ 17. After closing the poll 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.

§ 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.

19. The tribunals transacting county business shall assemble at the county seats of their 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.

20. The Governor of the Territory, and the President and Secretary of this 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.

§ 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.

§ 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.

§ 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 do all things else necessary to the complete and active organization of the State government.

24. The first Legislature shall have no power to make any changes in county lines. 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.

RESOLUTIONS.

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 construction 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 February 7, 1859.

Resolved, That the Legislature shall make provision for the sale or disposal of the lands granted to the State in the aid of internal improvements and for other purposes, subject to the same rights of pre-emption to the settlers thereon as are now 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 Delegate from Osage County.

JOHN A. MARTIN, Secretary.
[Signed by thirty-three Delegates.]

The following amendment to Section 1, Article III., was proposed, February 16th, 1864, to be submitted to the people at the next election:—and adopted.

"SECTION 1. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this State, or of the United States, or on the high seas, nor while a student in any seminary of learn

ing, nor while kept at any alms-house or other asylum at public expense, nor while confined in any public prison; and the Legislature may make provisions for taking the votes of electors who may be absent from their townships or wards, in the volunteer military service of the United States, or the militia service of this State; but nothing herein contained shall be deemed to allow any soldier, seaman, or marine, in the regular army or navy of the United States the right to vote."

CONSTITUTION OF KENTUCKY. 1850.*

PREAMBLE.

We, the Representatives of the people of the State of Kentucky, in Convention assembled, to secure to all the citizens thereof the enjoyment of the rights of life, liberty, and property, and of pursuing happiness, do ordain and establish this Constitution for its government:

ARTICLE I.

CONCERNING THE DISTRIBUTION OF THE POWERS OF GOVERNMENT.

SECTION 1. The powers of the Government of the State of Kentucky shall be divided into three distinct departments, and each of them be confided to a separate body of magistracy, to wit: those which are Legislative to one; those which are Executive to another, and those which are Judiciary to another.

§ 2. 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.

ARTICLE II.

CONCERNING THE LEGISLATIVE DEPARTMENT.

SECTION 1. The Legislative power shall be vested in a House of Representatives and Senate, which together shall be styled the General Assembly of the Commonwealth of Kentucky.

§ 2. The members of the House of Representatives shall continue in service for the term of two years from the day of the general election, and no longer.

§3. Representatives shall be chosen on the first Monday in August, in every second year, and the mode of holding the elections shall be regulated by law.

§ 4. No person shall be a Representative, who, at the time of his election, is not a citizen of the United States, has not attained the age of twenty-four years, and who has not resided in this State two years next preceding his election, and the last year thereof in the county, town, or city, for which he may be chosen.

§ 5. The General Assembly shall divide each county of this Commonwealth into convenient election precincts, or may delegate power to do so to such county authorities as may be designated by law; and elections for Representatives for the several counties shall be held at the places of holding their respective courts, and in the several election precincts into which the counties may be divided; Provided, That when it shall appear to the General Assembly that any city or town hath a number of qualified voters equal to the ratio then fixed, such city or town shall be invested with the privilege of a separate representation, in either or both Houses of the General Assembly which shall be retained so long as such city or town shall contain a number of qualified

*This State was formed from territory ceded by Virginia, and became a Territory in 1782. In 1792, it was admitted into the Union, with a Constitution formed in 1790. A second Constitution was prepared by a Convention at Frankfort, and reported August, 17, 1799. The present Constitution was prepared by a Convention at Frankfort, and reported June 11, 1830.

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