'1`HIRTY—FIFTH CONGRESS. Sess. I. Ch. 26. 1858. 271 required for a member of the House of Representatives of the Congress of the United States; and whenever thereafter such delegates shall assem- liggde of proble in convention, they shall first determine by a vote whether it is the °°° lugs' 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 ratidcation 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 prescrihe. 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 and hoard of comhee, the Governor, United States District Attorney, and Secretary of the m‘“*°““s· 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; Tl“°° §b°¤'d~ and the board shall have power and authority to designate and establish b0£r‘gh°r*iY °f precincts for voting, or to adopt those already established ; to cause polls ' to be opened at such places as it may deem proper in therespective 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 sheriffs 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 elec- Eljwtivn @0 tion, and the said governor shall announce the same by proclamation; gg?;““° °n° dev 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- Who Hwy Vowone 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 sufrage in said election. And if any person not so qualified shall vote or offer to vote, or if any person shall vote more than Hpigliy mt once at said election, or shall make or cause to be made any false, ficti- in? cnt vo ` tious, 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 aforesaid Members of board of commissioners, and all persons appointed by them to carry into Qggfd m ”"k° effect the provisions of this act, shall, before entering upon their duties, ` take an oath to perform faithfully the duties of their respective offices; Pam], . » . · Y OH and, on failure thereof, they shall be liable and subject to the same failure.
