Chapter XXVI. for the Admission of the State of Kansas into the Union
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Chap. XXVI.— An Act for the Admission of the State of Kansas into the Union.May 4, 1858. Whereas, the people of the Territory of Kansas did, by a convention of delegates assembled at Lecompton on the seventh day of November, one thousand eight hundred and fifty-seven, for that purpose, form for*Post*, p. 299. themselves a constitution and State government, which constitution isPreamble. republican; and *whereas,* at the same time and place, said convention did adopt an ordinance, which said ordinance asserts that Kansas, when admitted as a State, will have an undoubted right to tax the lands within her limits belonging to the United States, and proposes to relinquish said asserted right if certain conditions set forth in said ordinance be accepted and agreed to by the Congress of the United States; and *whereas* the said constitution and ordinance have been presented to Congress by order of said convention, and admission of said Territory into the Union thereon as a State requested; and *whereas* said ordinance is not acceptable to Congress, and it is desirable to ascertain whether the people of Kansas concur in the changes in said ordinance, hereinafter stated, and desire admission into the Union as a State as herein proposed:
Therefore, *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That the State of Kansas be,Kansas to be admitted upon condition. and is hereby, admitted into the Union on an equal footing with the original States, in all respects whatever, but upon this fundamental condition precedent, namely: That the question of admission with the following proposition, in lieu of the ordinance framed at Lecompton, be submitted to a vote of the people of Kansas, and assented to by them or a majorityQuestion of admission with accompanying propositions to be submitted to popular vote. of the voters voting at an election to be held for that purpose, namely: 270 That the following propositions be and the same are hereby offered to the people of Kansas for acceptance or rejection, which, if accepted, shall be obligatory on the United States and upon the said State of Kansas, to wit: *First.* That sections number sixteen and thirty-six in every townshipPropositions.School lands. of public lands in said State, or where either of said sections or any part thereof has been sold or otherwise disposed of, other lands equivalent thereto and as contiguous as may be, shall be granted to said State for the use of schools. *Second.* That seventy-two sections of land shall be setState University lands. apart and reserved for the support of a State University, to be selected by the Governor of said State, subject to the approval of the Commissioner of the General Land-Office, and to be appropriated and applied in such manner as the legislature of said State may prescribe for the purpose aforesaid, but for no other purpose. *Third.* That ten entire sectionsLands for public buildings. of land, to be selected by the Governor of said State, in legal subdivisions, shall be granted to said State for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof. *Fourth.* That all saltSalt springs and contiguous lands. springs within said State, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said State for its use, the same to be selected by the Governor thereof, within one year after the admission of said State; and, when so selected, to be used or disposed of on such terms, conditions, and regulations as the legislature may direct: *Provided,* That no salt spring or land the rightProviso. whereof is now vested in any individual or individuals, or which may hereafter be confirmed or adjudged to any individual or individuals, shall by this article be granted to said State. *Fifth.* That five per centum ofPercentage on land sales. the net proceeds of sales of all public lands lying within said State which shall be sold by Congress after the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State for the purpose of making public roads and internal improvements, as the legislature shall direct: *Provided,* The foregoing propositionsProviso.
Conditions on which propositions are offered. herein offered are on the condition that said State of Kansas shall never interfere with the primary disposal of the lands of the United States, or with any regulations which Congress may find necessary for securing the title in said soil to *bonâ fide* purchasers thereof, and that no tax shall be imposed on lands belonging to the United States, and that in no case shall non-resident proprietors be taxed higher than residents. *Sixth.* And that said State shall never tax the lands or property of the United States in that State.
At the said election the voting shall be by ballot, and by endorsing onManner of voting. his ballot, as each voter may be pleased, “Proposition accepted,” or “Proposition rejected.” Should a majority of the votes cast be for “Proposition accepted,” the President of the United States, as soon as the fact is duly made known to him, shall announce the same by proclamation;Proceedings after the vote if proposition is accepted. and thereafter, and without any further proceedings on the part of Congress, the admission of the State of Kansas into the Union upon an equal footing with the original States in all respects whatever shall be complete and absolute; and said State shall be entitled to one member inOne representative in Congress. the House of Representatives in the Congress of the United States until the next census be taken by the Federal Government.
But should a majority of the votes cast be for “Proposition rejected,” it shall be deemedIf proposition is rejected. and held that the people of Kansas do not desire admission into the Union with said constitution under the conditions set forth in said proposition; and in that event the people of said Territory are hereby authorized and empowered to form for themselves a constitution and State government,People may form constitution, &c. by the name of the State of Kansas, according to the Federal Constitution, and may elect delegates for that purpose whenever, and not before, it is ascertained by a census duly and legally taken that the population of said Territory equals or exceeds the ratio of representation 271 required for a member of the House of Representatives of the Congress of the United States; and whenever thereafter such delegates shall assembleMode of proceedings. in convention, they shall first determine by a vote whether it is the wish of the people of the proposed State to be admitted into the Union at that time; and, if so, shall proceed to form a constitution, and take all necessary steps for the establishment of a State government, in conformity with the Federal Constitution, subject to such limitations and restrictions as to the mode and manner of its approval or ratification by the people of the proposed State as they may have prescribed by law, and shall be entitled to admission into the Union as a State under such constitution, thus fairly and legally made, with or without slavery, as said constitution may prescribe.
Sec. 2. *And be it further enacted,* That for the purpose of insuring, as far as possible, that the elections authorized by this act may be fair andBoard of commissioners. free, the Governor, United States District Attorney, and Secretary of the Territory of Kansas, and the presiding officers of the two branches of its legislature, namely, the President of the Council and Speaker of the House of Representatives, are hereby constituted a board of commissioners to carry into effect the provisions of this act, and to use all the means necessary and proper to that end.
And three of them shall constitute a board;Three a board.Authority of board. and the board shall have power and authority to designate and establish precincts for voting, or to adopt those already established; to cause polls to be opened at such places as it may deem proper in the respective counties and election precincts of said Territory; to appoint as judges of election at each of the several places of voting three discreet and respectable persons, any two of whom shall be competent to act; to require the sheriff of the several counties, by themselves or deputies, to attend the judges at each of the places of voting for the purpose of preserving peace and good order; or the said board may, instead of said sheriffs and their deputies, appoint at their discretion, and in such instances as they may choose, other fit persons for the same purpose.
The election hereby authorized shall continue one day only, and shall not be continued later than sundown on that day. The said board shall appoint the day for holding said election,Election to continue one day only. and the said governor shall announce the same by proclamation; and the day shall be as early a one as is consistent with due notice thereof to the people of said Territory, subject to the provisions of this act. The said board shall have full power to prescribe the time, manner, and places of said election, and to direct the time [within] which returns shall be made to the said board, whose duty it shall be to announce the result by proclamation, and the said Governor shall certify the same to the President of the United States without delay.
Sec. 3. *And be it further enacted,* That in the election hereby authorized, all white male inhabitants of said Territory, over the age of twenty-oneWho may vote. years, who possess the qualifications which were required by the laws of said Territory for a legal voter at the last general election for the members of the territorial legislature, and none others, shall be allowed to vote; and this shall be the only qualification required to entitle the voter to the right of suffrage in said election.
And if any person not so qualified shall vote or offer to vote, or if any person shall vote more thanPenalty for fraudulent voting. once at said election, or shall make or cause to be made any false, fictitious, or fraudulent returns, or shall alter or change any returns of said election, such person shall, upon conviction thereof before any court of competent jurisdiction, be kept at hard labor not less than six months and not more than three years. Sec. 4. *And be it further enacted,* That the members of the aforesaidMembers of board to take oath. board of commissioners, and all persons appointed by them to carry into effect the provisions of this act, shall, before entering upon their duties, take an oath to perform faithfully the duties of their respective offices;Penalty on failure. and, on failure thereof, they shall be liable and subject to the same 272THIRTY-FIFTH CONGRESS.
Sess. I. Ch. 27, 28. 1858. charges and penalties as are provided in like cases under the Territorial laws. Sec. 5. *And be it further enacted,* That the officers mentioned in the preceding section shall receive for their services the same compensationPay of members of board. as is given for like services under the Territorial laws. Approved, May 4, 1858.