assembly shall consist of a council and house of ritory; but the qualifications of voters, and of representatives. The council shall consist of holding office, at all subsequent elections, shall thirteen members, having the qualifications of be such as shall be prescribed by the legislative voters, as hereinafter prescribed, whose term of assembly: Provided, That the right of suffrage service shall continue two years. The house of and of holding office shall be exercised only by representatives shall, at its first session, consist citizens of the United States and those who shall of twenty-six members, possessing the same have declared on oath their intention to become qualifications as prescribed for members of the such, and shall have taken an oath to support the council, and whose term of service shall con- Constitution of the United States and the provitinue one year. The number of representatives sions of this act: And provided further, That no may be increased by the legislative assembly, officer, soldier, seaman, or marine, or other perfrom time to time, in proportion to the increase son in the army or navy of the United States, or of qualified voters: Provided, That the whole attached to troops in the service of the United number shall never exceed thirty-nine; an ap-States, shall be allowed to vote or hold office in portionment shall be made as nearly equal as said territory, by reason of being on service practicable, among the several counties or dis- therein.

tricts, for the election of the council and repre- SEC. 6. That the legislative power of the terrisentatives, giving to each section of the territory shall extend to all rightful subjects of legistory representation in the ratio of its qualified lation consistent with the Constitution of the voters as nearly as may be. And the members United States and the provisions of this act; but of the council and of the house of representa- no law shall be passed interfering with the pritives shall reside in, and be inhabitants of, the mary disposal of the soil; no tax shall be imposed district or county, or counties, for which they upon the property of the United States; nor may be elected, respectively. Previous to the shall the lands or other property of non-resifirst election, the governor shall cause a census, dents be taxed higher than the lands or other or enumeration of the inhabitants and qualified property of residents. Every bill which shall voters of the several counties and districts of have passed the council and house of representthe territory, to be taken by such persons and atives of the said territory, shall, before it bein such mode as the governor shall designate come a law, be presented to the governor of the and appoint; and the persons so appointed shali territory; if he approve, he shall sign it; but if receive a reasonable compensation therefor.not, he shall return it with his objecti as to the And the first election shall be held at such times house in which it originated, who shali enter the and places, and be conducted in such manner, objections at large on their journal, and proboth as to the persons who shall superintend ceed to reconsider it. If, after such reconsidersuch election and the returns thereof, as the ation, two-thirds of that house shall agree to pass governor shall appoint and direct; and he shall the bill, it shall be sent, together with the objecat the same time declare the number of men- tions, to the other house, by which it shall likebers of the council and house of representatives wise be reconsidered, and if approved by twoto which each of the counties or districts shall thirds of that house, it shall become a law. But be entitled under this act. The persons having in all such cases the votes of both houses shall the highest number of legal votes in each of said be determined by yeas and nays, to be entered council districts for members of the council, shall on the journal of each house respectively. If be declared by the governor to be duly elected any bill shall not be returned by the governor to the council; and the persons having the within three days, (Sundays excepted) after It highest number of legal votes for the house of shall have been presented to him, the same shall representatives, shall be declared by the gov-be a law in like manner as if he had signed it, ernor to be duly elected members of said house: Provided, That in case two or more persons voted for shall have an equal number of votes, SEC. 7. Tuat all township, district, and county and in case a vacancy shall otherwise occur in officers, not herein otherwise provided for, shall either branch of the legislative assembly, the be appointed or elected, as the case may be, in governor shall order a new election; and the such mauner as shall be provided by the gov persons thus elected to the legislative assemblyernor and legislative assembly of the territory shall meet at such place and on such day as the of Nebraska. The governor shall nominate, and, governor shall appoint; but thereafter, the by and with the advice and consent of the letime, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives, according to the number of qualified voters, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Provided, That no session in any one year shall exceed the term of forty days, except the first session, which may continue sixty days. SEC. 5. That every free white male inhabitan.emoluments of which shall have been increased, above the age of twenty-one years, who shall be an actual resident of said territory, and stall possess the qualifications hereinafter prescribed, shall be entitled to vote at the first election, and shall be eligible to any office within the said ter

unless the assembly, by adjournment, prevent its return, in which case it shall not be a law.

gislative council, appoint all officers not herein otherwise provided for; and in the first instance the governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the legislative assembly; and shall lay off the necessary districts for members of the council and house of representatives, and all other officers.

SEC. S. That no member of the legislative assembly shall hold, or be appointed to, any office which shall have been created, or the salary or

while he was a member, during the term for which he was elected, and for one year after the expiration of such term; but this restriction shall not be applicable to members of the first legislative assembly; and no person holding a

commission or appointment under the United

under the Constitution and laws of the United States as is vested in the circuit and district courts of the United States; and the said supreme and district courts of the said territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are granted by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said Constitution and laws, and writs of error and appeal in all such cases shall be made to the supreme court of said territory, the same as in other cases. The said clerk shall, res ceive in all such cases the same fees which the clerks of the district courts of Utah Territory now receive for similar services.

three, and the "act to amend and supplement States, except postmasters, shall be a member ary to the aforesaid act," approved September of the legislative assembly, or shall hold any of- eighteen, eighteen hundred and fifty; and each fice under the government of said territory. of the said district courts shall have and exerSEC. 9. That the judicial power of said territo-cise the same jurisdiction in all cases arising ry shall be vested in a supreme court, district courts, probate courts, and in justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said territory annually, and they shall hold their offices during the period of four years, and until their successors shall be appointed and qualified. The said territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the supreme court, at such times and places as may be prescribed by law; and the said judges shall, after their appointments, respectively, reside in the district which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, SEC. 10. That the provisions of an act entitled shall be as limited by law: Provided, That jus-"An act respecting fugitives from justice, and tices of the peace shall not have jurisdiction of persons escaping from the service of their mas any matter in controversy when the title or ters," approved February twelve, seventeen hunboundaries of land may be in dispute, or where dred and ninety-three, and the provisions of the the debt or sum claimed shall exceed one hun-act entitled "An act to amend, and supplementdred dollars; and the said supreme and district ary to, the aforesaid act," approved September courts, respectively, shall possess chancery as eighteen, eighteen hundred and fifty, be, and the well as common law jurisdiction. Each district same are hereby, declared to extend to and be court, or the judge thereof, shall appoint its in full force within the limits of said territory of clerk, who shall also be the register in chancery, Nebraska. and shall keep his office at the place where the SEC. 11. That there shall be appointed an atcourt may be held. Writs of error, bills of ex- torney for said territory, who shall continue in ception, and appeals, shall be allowed in all office for four years, and until his successor cases from the final decision of said district shall be appointed and qualified, unless sooner courts to the supreme court, under such regula-removed by the President, and who shall receive tions as may be prescribed by law; but in no the same fees and salary as the attorney of the case removed to the supreme court shall trial United States for the present territory of Utah. by jury be allowed in said court. The supreme There shall also be a marshal for the territory court, or the justices thereof, shall appoint its appointed, who shall hold his office for four own clerk, and every clerk shall hold his office years, and until his successor shall be appointed at the pleasure of the court for which he shall and qualified, unless sooner removed by the have been appointed. Writs of error, and ap- President, and who shall execute all processes peals from the final decision of said supreme issuing from the said courts when exercising court, shall be allowed, and may be taken to the their jurisdiction as circuit and district courts of supreme court of the United States, in the same the United States; he shall perform the duties, manner and under the same regulations as from be subject to the same regulations and penalties, the circuit courts of the United States, where and be entitled to the same fees as the marshal the value of the property, or the amount in con- of the district court of the United States for the troversy, to be ascertained by the oath or affirm present territory of Utah, and shall, in addition, ation of either party, or other competent wit-be paid two hundred dollars annually as a comness, shall exceed one thousand dollars; except only that in all cases involving title to slaves, the SEC. 12. That the governor, secretary, chief said writs of error or appeals shall be allowed and justice, and associate justices, attorney, and decided by the said supreme court, without re- marshal, shall be nominated, and, by and with gard to the value of the matter, property, or title the advice and consent of the Senate, appointed in controversy; and except also that a writ of by the President of the United States. The gov error or appeal shall also be allowed to the Su-ernor and secretary to be appointed as aforepreme Court of the United States, from the deci- said, shall, before they act as such, respectively ions of the said supreme court created by this act, take an oath or affirmation before the district or of any judge thereof, or of the district courts judge or some justice of the peace in the limits created by this act, or of any judge thereof, upon of said territory, duly authorized to administer any writ of habeas corpus, involving the question oaths and affirmations by the laws now in force of personal freedon: Provided, That nothing therein, or before the chief justice or some asherein contained shall be construed to apply to sociate justice of the Supreme Court of the Unitor affect the provisions of the "act respecting ed States, to support the Constitution of the fugitives from justice, and persons escaping from United States, and faithfully to discharge the the service of their masters," approved Febru- duties of their respective offices, which said ary twelfth, seventeen hundred and ninety-loaths, when so taken, shall be certified by the

pensation for extra services.

person by whom the same shall have been and at said first session, or as soon thereafter as taken; and such certificates shall be received they shall deem expedient, the governor and leg. and recorded by the said secretary among the islative assembly shall proceed to locate and esexecutive proceed ngs; and the chief justice and tablish the seat of government for said territory associate justices, and all other civil officers in at such place as they may deem eligible; which said territory, before they act as such, shall take place, however, shall thereafter be subject to be a like oath or affirination before the said gov-changed by the said governor and legislative ernor or secretary, or some judge or justice of assembly.

the peace of the territory who may be duly com- SEC. 14. That a delegate to the House of Repmissioned and qualified, which said oath or af-resentatives of the United States, to serve for the firination shall be certified and transmitted by term of two years, who shall be a citizen of the the person taking the same to the secretary, to United States, may be elected by the voters qual-` be by him recorded as aforesaid; and after-ified to elect members of the legislative assembly, wards, the like oath or affirmation shall be who shall be entitled to the same rights and privtaken, certified, and recorded, in such manner ileges as are exercised and enjoyed by the deleand form as may be prescribed by law. The gates from the several other territories of the governor shall receive an annual salary of two United States to the said House of Representathousand five hundred dollars. The chief tives, but the delegate first elected shall hold his justice and associate justices shall receive an seat only during the term of the Congress to annual salary of two thousand dollars. The which he shall be elected. The first election secretary shall receive an annual salary of two shall be held at such time and places, and be thousand dollars. The said salaries shall be conducted in such manner, as the governor shall paid quarter-yearly, from the dates of the re-appoint and direct; and at all subsequent elecspective appointments, at the treasury of the tions the times, places, and manner of holding United States; but no such payment shall be the elections shall be prescribed by law. The made until said officers shall have entered upon person having the greatest number of votes shall the duties of their respective appointments. be declared by the governor to be duly elected, The members of the legislative assembly shall be and a certificate thereof shall be given accordentitled to receive three dollars each per day ingly. That the Constitution, and all the laws during their attendance at the sessions thereof, of the United States which are not locally inapand three dollars each for every twenty miles' plicable, shall have the same force and effect travel in going to and returning from the said within the said territory of Nebraska as elsesessions, estimated according to the nearest usu- where within the United States, except the eighth ally travelled route; and an additional allow-section of the act preparatory to the admission of ance of three dollars shall be paid to the presid- Missouri into the Union, approved March sixth, ing officer of each house for each day he shall eighteen hundred and twenty, which, being inso preside. And a chief clerk, one assistant consistent with the principle of non-intervention clerk, a sergeant-at-arms, and doorkeeper, may by Congress with slavery in the states and terribe chosen for each house; and the chief clerk tories, as recognized by the legislation of eightshall receive four dollars per day, and the said een hundred and fifty, commonly called the other officers three dollars per day, during the compromise measures, is hereby declared inopsession of the legislative assembly; but no other erative and void; it being the true intent and officers shall be paid by the United States: Pro- meaning of this act not to legislate slavery into vided, That there shall be but one session of the any territory or state, nor to exclude it therelegislature annually, unless, on an extraordi- from, but to leave the people thereof perfectly nary occasion, the governor shall think proper free to form and regulate their domestic instituto call the legislature together. There shall be tions in their own way, subject only to the Conappropriated, annually, the usual sum, to be ex-stitution of the United States: Provided, That pended by the governor, to defray the contin- nothing herein contained shall be construed to gent expenses of the territory, including the sal-revive or put in force any law or regulation ary of a clerk of the executive department; and which may have existed prior to the act of sixth there shall also be appropriated, annually, a suf- March, eighteen hundred and twenty, either proficient sum, to be expended by the secretary of tecting, establishing, prohibiting, or abolishing the territory, and upon an estimate to be made by slavery. the secretary of the treasury of the United States, SEC. 15. That there shall hereafter be approto defray the expenses of the legislative assem-priated, as has been customary for the territorial bly, the print ng of the laws, and other incident- governments, a sufficient amount, to be expendal expenses; and the governor and secretary of ed under the direction of the said governor of the territory shall, in the disbursement of all the territory of Nebraska, not exceeding the moneys intrusted to them, be governed solely by the instructions of the secretary of the treasury of the United States, and shall, semi-annually, account to the said secretary for the manner in which the aforesaid moneys shall have been expended; and no expenditure shall be made by said legislative assembly for objects not specially authorized by the acts of Congress making the appropriations, nor beyond the sums thus appropriated for such objects.

Sec. 13. That the legislative assembly of the territory of Nebraska shall hold its first session at such time and place in said territoty as the governor thereof shali appoint and direct;

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sums heretofore appropriated for similar objects, for the erection of suitable public buildings at the seat of government, and for the purchase of a library, to be kept at the seat of government for the use of the governor, legislative assembly, judges of the supreme court, secretary, marshal, and attorney of said territory, and such other persons, and under such regulations as shall be prescribed by law.

SEC. 16. That when the lands in the said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing same into market, sections numbered sixteen and thirty-six, in each township in said

territory, shall be, and the same are hereby, re-ed within the said territory of Kansas, or to affect served for the purpose of being applied to schools the authority of the government of the United in said territory, and in the states and territories States to make any regulation respecting such hereafter to be erected out of the same. Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to the government to make if this act had never passed.

SEC. 17. That, until otherwise provided by law, the governor of said territory may define the judicial districts of said territory, and assign the judges who may be appointed for said territory to the several districts; and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts by proclamation, to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and.con

venient.

[With the single exception of the location of the seat of government for KANSAS at Fort Leavenworth, provided for in section 31, the ensuing sixteen sections, relative to the organization and government of the territory, are precisely similar to the sections already recited, providing for the government of Nebraska territory. The final section of the act, which has a general reference to both territories, is as follows:]

SEO. 18. That all officers to be appointed by the President, by and with the advice and consent of SEC. 87. And be it further enacted, that all the Senate, for the territory of Nebraska, who, treaties, laws, and other engagements made by birtue of the provisions of any law now exist- the government of the United States with the ing, or which may be enacted during the present Indian tribes inhabiting the territories embraced Congress, are required to give security for within this act, shall be faithfully and rigidly moneys that may be intrusted with them for observed, notwithstanding anything contained disbursements, shall give such security, at such in this act; and that the existing agencies and time and place, and in such manner as the sec-superintendencies of said Indians be continued retary of the treasury may prescribe.

with the same powers and duties which are now the United States may, at his discretion, change prescribed by law, execpt that the President of the location of the office of superintendent,

This bill passed the House on the 22d day of May, 1854, and the following is a careful class fication of the vote:

YEAS-113.

FROM THE FREE STATES.
MAINE Moses McDonald-1.
NEW HAMPSHIRE-Harry Hibbard-1.
CONNECTICUT--Colin M. Ingersoll--1.
VERMONT-None. MASSACHUSETTS—None.

RHODE ISLAND-None.

NEW-YORK-Thomas W. Cumming, Francis B. Cutting, Peter Rowe, John J. Taylor, William M. Tweed, Hiram Walbridge, William A. Walker, Mike Walsh, Theo. R, Westbrook-9.

PENNSYLVANIA-Samuel A. Bridges, John L. Dawson, Thomas B. Florence, J. Glancy Jones, William H. Kurtz, John McNair, Asa Packer, John Robbins, Jr., Christian M. Straub, William H. Witte, Hendrick B. Wright-11.

SEC. 19. That all that part of the territory of the United States included within the following limits, except such portions thereof as are hereinafter expressly exempted from the operations of this act, 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 eastern boundary of New Mexico; thence north) on said boundary to latitude thirty-eight; thence following said boundary westward to the east boundary of the territory of Utah, on the summit of the Rocky Mountains; thence northward on said summit 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, be, and the same is hereby, created into a temporary government by the name of the Territory of Kansas; and when admitted as a state or states, the said territory, or any portion of the same, shall be received into the Union with or without slavery, as their constitution may prescribe at the time of their admission: Provided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said territory into two or more territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of sald territory to any other state or territory of the United States: Provided further, That nothing in this act contained shall be so construed as to impair the rights of person or property now pertaining to the Indians in 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 any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits · DELAWARE-George R. Riddle-1. or jurisdiction of any state or territory; but all MARYLAND-William T. Hamilton, Henry May, ach territory shall be excepted out of the bound-Jacob Shower, Joshua Vansant-4. apes, and constitute no part of the territory of VIRGINIA Thomas H. Bayly, Thomas S. Bocock, Kansas, until said tribe shall signify their assent John S. Caskie, Henry A. Edmundson Charles the President of the United States to be includ-J. Faulkner, William O. Goode, Zedekiah Kid

NEW-JERSEY--Samuel Lilly, George Vail-2. OHIO-David T. Disney, Frederick W. Green, Edson B: Olds, Wilson Shannop-4.

INDIANA-John.. Davis, Cyrus L. Dunham, Norman Eddy, William H. English, Thomas A. Hendricks, James H. Lane, Smith Miller-7.

ILLINOIS-James C. Allen, Willis Allen, Wm.
A. Richardson-3.

MICHIGAN Samuel Olark, David Stuart-2.
lowA-Bernhart Henn-1. WISCONSIN-None.
CALIFORNIA-Milton S. Latham, J. A. McDou
Total-44.

gall~~2.

4

FROM THE SLAVE STATES.

NEW-YORK-Henry Bennett, Davis Carpen- following vote: ter, Gilbert Dean, Caleb Lyon, Reuben E. Fen- YEAS-Atchison (Mo.), Badger (N. C.), Benjaton, Thomas T. Flagler, George Hastings, Solo-min (La.), Broadhead (Pa.), Brown (Mi.), Butler mon G. Haven, Charles Hughes, Danie! T. Jones, (S. C.), Cass (Mich.), Clay (Ala.), Lawson (Ga.), Orsamus B. Matteson, Edwin B. Morgan, Douglas (11.), Fitzpatrick (Ala.), Gwin (Cal.), William Murray, Andrew Oliver, Jared V. Peck, Rufas W. Peckham, Bishop Perkins, Benjamin Pringle, Russell Sage, George A. Simmons, GERRIT SMITH, John Wheeler--22.

PENNSYLVANIA-Joseph R. Chandler, Carlton B. Curtis, John Dick, Augustus Drum, William Everhart, James Gamble, Galusha A. Grow, NAYS--Allen (R. I.), Bell (Tenn.), CHASE (Ohio), Isaac E. Wiester, Thomas M. Howe, John McClayton (Del.), Fish (N. Y.), Foote (Vt.), GnCulloch, Ner Middleswarth, David Ritchie, LBTTS (Ct.), Hamlin (Me.), James (R. I.), Seward Samuel L. Russell, Michael C. Trout-14. (N. Y.), SUMNER (Mass.), Wade (Ohio), Walker (Wis.)--18.