ORGANIC ACT An Act to Organize the Territory of Kansas § 19. Creation of territorial government. excepted out of the boundaries, and constitute no That all that part of the territory of the United part of the territory of Kansas, until said tribe shall States included within the following limits, except signify their assent to the president of the United such portions thereof as are hereinafter expressly States to be included within the said territory of exempted from the operations of this act, to wit, Kansas, or to affect the authority of the govern- beginning at a point on the western boundary of ment of the United States to make any regulation the state of Missouri, where the thirty-seventh par- respecting such Indians, their lands, property, or allel of north latitude crosses the same; thence other rights, by treaty, law, or otherwise, which it west on said parallel to the eastern boundary of would have been competent to the government to New Mexico; thence north on said boundary to make if this act had never passed. latitude thirty-eight; thence following said bound- History: 10 Stat. 283; ch. 59, § 19; May 30, ary westward to the east boundary of the territory 1854. of Utah, on the summit of the Rocky Mountains; thence northward on said summit to the fortieth § 20. Governor of territory. That the exec- parallel of latitude; thence east on said parallel to utive power and authority in and over said territ- the western boundary of the state of Missouri; ory of Kansas shall be invested in a governor, who thence south with the western boundary of said shall hold his office for four years, and until his state to the place of beginning, be, and the same is successor shall be appointed and qualified, unless hereby, created into a temporary government by sooner removed by the president of the United the name of the territory of Kansas; and when States. The governor shall reside within said territ- admitted as a state or states, the said territory, or ory, and shall be commander in chief of the militia any portion of the same shall be received into the thereof. He may grant pardons and respites for union with or without slavery, as their constitution offenses against the laws of said territory, and may prescribe at the time of their admission: reprieves for offenses against the laws of the Provided, That nothing in this act contained shall United States, until the decision of the president be construed to inhibit the government of the can be made known thereon; he shall commission United States from dividing said territory into two all officers who shall be appointed to office under or more territories, in such manner and at such the laws of said territory, and shall take care that times as congress shall deem convenient and the laws be faithfully executed. proper, or from attaching any portion of said territ- History: 10 Stat. 284; ch. 59, § 20; May 30, ory to any other state or territory of the United 1854. States: Provided further, That nothing in this act contained shall be construed to impair the rights of § 21. Secretary of territory. That there person or property now pertaining to the Indians in shall be a secretary of said territory, who shall said territory, so long as such rights shall remain reside therein, and hold his office for five years, unextinguished by treaty between the United unless sooner removed by the president of the States and such Indians, or to include any territory United States; he shall record and preserve all the which, by treaty with an Indian tribe, is not, laws and proceedings of the legislative assembly without the consent of said tribe, to be included hereinafter constituted, and all the acts and pro- within the territorial limits or jurisdiction of any ceedings of the governor in his executive depart- state or territory; but all such territory shall be ment; he shall transmit one copy of the laws and 1 journals of the legislative assembly within thirty son so appointed shall receive a reasonable com- days after the end of each session, and one copy of pensation therefor. And the first election shall be the executive proceedings and official correspond- held at such time and places, and be conducted in ence semiannually, on the first days of January such manner, both as to the persons who shall and July in each year, to the president of the superintend such election and the returns thereof, United States, and two copies of the laws to the as the governor shall appoint and direct; and he president of the senate and to the speaker of the shall at the same time declare the number of mem- house of representatives, to be deposited in the lib- bers of the council and house of representatives to raries of congress; and, in case of the death, which each of the counties or districts shall be removal, resignation, or absence of the governor entitled under this act. The persons having the from the territory, the secretary shall be, and he is highest number of legal votes in each of said hereby, authorized and required to execute and council districts for members of the council, shall perform all the powers and duties of the governor be declared by the governor to be duly elected to during such vacancy or absence, or until another the council; and the persons having the highest governor shall be duly appointed and qualified to number of legal votes for the house of representat- fill such vacancy. ives shall be declared by the governor to be duly History: 10 Stat. 284; ch. 59, § 21; May 30, elected members of said house: Provided, That in 1854. case two or more persons voted for shall have an equal number of votes, and in case a vacancy shall § 22. Legislative assembly. That the legis- otherwise occur in either branch of the legislative lative power and authority of said territory shall be assembly, the governor shall order a new election; vested in the governor and a legislative assembly. and the persons thus elected to the legislative The legislative assembly shall consist of a council assembly shall meet at such place, and on such and house of representatives. The council shall day as the governor shall appoint; but thereafter, consist of thirteen members, having the qualifica- the time, place, and manner of holding and con- tions of voters, as hereinafter prescribed, whose ducting all elections by the people, and the appor- term of service shall continue two years. The tioning the representation in the several counties house of representatives shall, at its first session, or districts to the council and house of representat- consist of twenty-six members, possessing the ives, according to the number of qualified voters, same qualifications as prescribed for members of shall be prescribed by law, as well as the day of the council, and whose term of service shall con- the commencement of the regular sessions of the tinue one year. The number of representatives may legislative assembly: Provided, That no session in be increased by the legislative assembly, from any one year shall exceed the term of forty days, time to time, in proportion to the increase of quali- except the first session, which may continue sixty fied voters: Provided, That the whole number shall days. never exceed thirty-nine. An apportionment shall History: 10 Stat. 284; ch. 59, § 22; May 30, be made, as nearly equal as practicable, among the 1854. several counties or districts, for the election of the council and representatives, giving to each section § 23. Right to vote and hold office. That of the territory representation in the ratio of its every free white male inhabitant above the age of qualified voters as nearly as may be. And the twenty-one years, who shall be an actual resident members of the council and of the house of repres- of said territory, and shall possess the qualifica- entatives shall reside in, and be inhabitants of, the tions hereinafter prescribed, shall be entitled to district or county or counties for which they may vote at the first election, and shall be eligible to be elected, respectively. Previous to the first elec- any office within the said territory; but the quali- tion, the governor shall cause a census or enumer- fications of voters, and of holding office, at all ation of the inhabitants and qualified voters of the subsequent elections, shall be such as shall be pre- several counties and districts of the territory, to be scribed by the legislative assembly: Provided, That taken by such persons and in such mode as the the right of suffrage and of holding office shall be governor shall designate and appoint; and the per- exercised only by citizens of the United States, and those who shall have declared, on oath, their manner as shall be provided by the governor and intention to become such, and shall have taken an legislative assembly of the territory of Kansas. oath to support the constitution of the United The governor shall nominate, and, by and with the States and the provisions of this act: And provided advice and consent of the legislative council, further, That no officer, soldier, seaman, or marine, appoint all officers not herein otherwise provided or other person in the army or navy of the United for; and in the first instance, the governor alone States, or attached to troops in the service of the may appoint all said officers, who shall hold their United States, shall be allowed to vote or hold offices until the end of the first session of the office in said territory by reason of being on ser- legislative assembly; and shall lay off the neces- vice therein.