elected to the

The constitution

§ 14. And be it further enacted, That a delegate to the A delegate to be House of Representatives of the United States, to serve for congress of the the term of two years, who shall be a citizen of the United United States. States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other territories of the United States to the said House of Representatives, but the delegate first elected shall hold his seat only during the term of congress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and at all subsequent elections the times, places, and manner of holding the elections, shall be prescribed by law. The person having the greatest number of votes shall be declared by the governor to be duly elected; and a certificate thereof shall be given accordingly. That the constitution and the laws of the United States which and applicable are not locally inapplicable, shall have the same force and laws of the U. S. effect within the said Territory of Nebraska as elsewhere in the territory within the United States, except the eighth section of the act eighth section of preparatory to the admission of Missouri into the Union, ch. 22, declared approved March sixth, eighteen hundred and twenty, which, being inconsistent with the principle of non-intervention by congress with slavery in the states and territories, as recognized by the legislation of eighteen hundred and fifty, commonly called the compromise measures, is hereby declared inoperative and void, it being the true intent and meaning The intent of of this act not to legislate slavery into any territory or this act concerning slavery. state nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the constitution of the United States: Provided, That nothing herein contained shall be construed to revive or put in force any law concerning slaor regulation which may have existed prior to the act of sixth March, eighteen hundred and twenty, either protecting, establishing, prohibiting, or abolishing slavery.

shall be in force

except the

void.

Proviso as to revival of laws

very.

1820, ch. 22.

ings.

§ 15. And be it further enacted, That there shall hereafter Appropriation be appropriated, as has been customary for the territorial for public buildgovernments, a sufficient amount, to be expended under the direction of the said governor of the territory of Nebraska, not exceeding the 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.

§ 16. And be it further enacted, That when the lands in

Reservation for schools.

Judicial districts how defined.

ceived in certain cases.

the said territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections number sixteen and thirty-six in each township in said territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said territory, and in the states and territories hereafter to be erected out of the same.

§ 17. And be it further enacted, 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 convenient.

Officers appoint- § 18. And be it further enacted, That all officers to be ed by president to give security appointed by the president, by and with the advice and for moneys re- consent of the senate, for the Territory of Nebraska, who, by virtue of the provisions of any law now existing, or which may be enacted during the present congress, are required to give security for moneys that may be intrusted with them for disbursement, shall give such security, at such time and place, and in such manner, as the secretary of the territory may prescribe.

Temporary gov

ernment for ter

Boundaries.

§ 19. And be it further enacted, That all that part of the ritory of Kapsas. 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 Power to divide or without slavery, as their constitution may prescribe at to attach part of the time of their admission: Provided, That nothing in this it to a state or act contained shall be construed to inhibit the government territory reserv. of the United States from dividing said territory into two

Admitted as state or states

with or without slavery.

said territory or

ed.

ans, in said ter

or more territories, in such manner and at such times as congress shall deem convenient and proper, or from attaching any portion of said territory to any other state or territory of the United States: Providing, further, That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Rights of Inditerritory, so long as such rights shall remain unextinguished ritory not imby treaty between the United States and such Indians, or paired. 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 or jurisdiction of any state or territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the Territory of Kansas, until said tribe shall signify their assent to the president of the United States, to be included within the said Territory of Kansas, or to affect the authority of the government of the United States to make any regula- United States tion respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have ty over said Inbeen competent to the government to make if this act had never passed.

retain all their present authori

dians.

The executive

power vested in

powers, duties

§ 20. And be it further enacted, That the executive power and authority in and over said Territory of Kansas shall a governor; his be vested in a governor, who shall hold his office for four tenure of office, years, and until his successor shall be appointed and quali- and emoluments fied, unless sooner removed by the president of the United States. The governor shall reside within said territory, and shall be commander-in-chief of the militia thereof. He may grant pardons and respites for offenses against the laws of said territory, and reprieves for offenses against the laws of the United States, until the decision of the president can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said territory, and shall take care that the laws be faithfully executed.

power and du

§ 21. And be it further enacted, That there shall be a secre- Secretary; his tary of said territory, who shall reside therein, and hold ties. his office for five years, unless sooner removed by the president of the United States; he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and journals of the legislative assembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence semi-annually, on the first days of January and July in each year, to the president of the United States, and two copies of the laws to the president of the senate and to the speaker of the house of representatives, to be deposited in the libraries of Congress; and, in case of the

18 to act as gov

ernor.

When secretary death, removal, resignation, or absence of the governor from the territory, the secretary shall be, and he is hereby, authorized and required to execute and perform all the powers and duties of the governor during such vacancy or absence, or until another governor shall be duly appointed and qualified to fill such vacancy.

Legislative pow

Legislative as

con

and house of

Number of councillors and re

limited.

tion.

§ 22. And be it further enacted, That the legislative power er-how vested. and authority of said territory shall be vested in the gosembly to vernor and legislative assembly. The legislative assembly sist of a council shall consist of a council and house of representatives. representatives. The council shall consist of thirteen members, having the qualification of voters, as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall, at its first session, consist of twentysix members, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year. The number of representatives may be increased by the legislative assembly, from presentatives time to time, in proportion to the increase of qualified Apportionment voters: Provided, That the whole number shall never exceed of representa thirty-nine. An apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the council and representatives, giving to each section of the territory representation in the ratio of its qualified voters, as near as may be. And the members of the council and of the house of representatives shall reside in, and be inhabitants of, the district or county, or counties, for which they may be elected, respectively. Previous to the first election, the governor shall cause a census, or enumeration of the inhabitants and qualified voters of the several counties and districts of the territories, to be taken by such persons and in such mode as the governor shall designate and appoint; and the persons so appointed shall receive a reasonable compensation therefor. And the first election shall be held at such time and places, and be election shall be conducted in such manner, both as to the persons who shall conducted-who superintend such election and the returns thereof, as the governor shall appoint and direct; and he shall at the same time declare the number of members of the council and house of representatives to which each of the counties or districts shall be entitled under this act. The person having the highest number of legal votes in each of said council district for members of the council, shall be declared by the governor to be duly elected to the council; and the persons having the highest number of legal votes for the house of representatives, shall be declared by the governor to be duly elected members of said house: Provided, That in case of vacancy or no two or more persons voted for shall have an equal number of votes, and in case a vacancy shall otherwise occur in either branch of the legislative assembly, the governor

Census to be taken-when and how.

How the first

declared elected.

Proviso in case

choice.

tions to be deter

terms of sessions

tive assembly.

voters.

shall order a new election; and the persons thus elected to the legislative assembly shall meet at such place and on such day as the governor shall appoint; but thereafter, the subsequent electime, place, and manner of holding and conducting all élec- mined by the astions by the people, and the apportioning the representation Rembly. 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 Proviso as to exceed the term of forty days, except the first session which of the legisla may continue for sixty days. § 23. And be it further enacted, That every free white male Qualifications of inhabitant, above the age of twenty-one years, who shall be an actual resident of said territory, and shall possess the qualifications hereinafter prescribed, shall be entitled to vote at the first election, and shall be eligible to any office within the said territory; but the qualifications of voters, and of holding office, at all subsequent elections, shall be such as shall be prescribed by the legislative assembly: Provided, That the right of suffrage and of hold- Proviso. ing office shall be exercised only by citizens of the United Who have the right of suffrage States, and those who shall have declared, on oath, their and of holding intention to become such, and shall have taken an oath to support the constitution of the United States and the provisions of this act: And provided further, That no officer, Further proviso. soldier, seaman, marine, or other person in the army or navy of the United States, or attached to troops in the service of the United States, shall be allowed to vote or hold office in said territory, by reason of being on service therein.

office.

er of the territo

§ 24. And be it further enacted, That the legislative power Legislative pow of the territory shall extend to all rightful subjects of legis-ry defined. lation consistent with the constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. Every bill which shall have passed the council and house of representatives of the said territory, shall, before it become a law, be presented to the governor of the terri- Governor's veto. tory; if he approve, he shall sign it; but if not, he shall return it with his objections to the house in which it originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, Bill may be two-thirds of that house shall agree to pass the bill, it shall passed by twobe sent, together with the objections, to the other house, house notwithby which it shall likewise be reconsidered, and if approved

thirds of each

standing.