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§ 1. Admission; boundaries; Indian title. That the state of Kansas shall be, and is hereby declared to be, one of the United States of America, and admitted into the union on an equal footing with the original states in all respects whatever. And the said state shall consist of all the territory included within the following boundaries, to wit: Beginning at a point on the western boundary of the state of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence west on said parallel to the twenty-fifth meridian of longitude west from Washington; thence north on said meridian to the fortieth parallel of latitude; thence east on said parallel to the western boundary of the state of Missouri; thence south with the western boundary of said state to the place of beginning: Provided, That nothing contained in the said constitution respecting the boundary of said state shall be construed to impair the rights of person or property now pertaining to the Indians of said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with such Indian tribe, is not, without the consent of such tribe, to be included within the territorial limits or jurisdiction of any state or territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the state of Kansas, until said tribe shall signify their assent to the president of the United States to be included within said state, or to affect the authority of the government of the United States to make any regulation respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to make if this act had never passed.

History: 12 Stat. 126; ch. 20, § 1; Jan. 29, 1861.

CASE ANNOTATIONS

1. Section considered in determining control of Fort Leavenworth military reservation. Clay v. State, 4 Kan. 49.

2. Taxation of Native American lands by state government, recognizing tribe. Blue-Jacket v. The Commissioners of Johnson County, 3 Kan. 299. Reversed: In re Kansas Indians, 72 U.S. 737, 18 L.Ed. 667.

3. Kansas accepted admission on condition that Native American rights remain unimpaired. Parker v. Winsor, 5 Kan. 362, 367.

4. Taxation; Native American lands; primary disposal of soil; federal laws govern. Douglas Co. v. Union Pac. Ry. Co., 5 Kan. 615, 624.

5. Taxation of lands granted to railroad company considered. Kansas Pacific Rly. Co. v. Culp, 9 Kan. 38, 47. Reversed: Railway Co. v. Prescott, 83 U.S. 603, 21 L. Ed. 373.

6. Native American lands, when taxable and alienable, considered; government patents. Comm'rs of Franklin Co. v. Pennock, 18 Kan. 579. Affirmed: Pennock v. Commissioners, 103 U.S. 44, 26 L. Ed. 367.

7. Discussed; residents on lands ceded to United States may not vote at precincts established prior to cession. (Dissenting opinion.) Herken v. Glynn, 151 Kan. 855, 870, 101 P.2d 946.

8. United States may recover taxes illegally collected from Native American ward. Board of Comm'rs v. United States, 100 F.2d 929, 935.

9. Native American land excluded from boundaries of state not subject to taxation unless specifically included by treaty or act of Congress; state taxation of certain land may be proper. In re Tax Exemption Application of Kaul, 261 Kan. 755, 756, 764, 775, 933 P.2d 717 (1997).