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PASSED AT THE FIFTH SESSION

OF THE

LEGISLATIVE ASSEMBLY

OF THE

TERRITORY OF NEBRASKA,

BEGUN AND HELD AT OMAHA CITY, N. T.,

, ,

SEPTEMBER 21, A. D. 1858.

TOGETHER WITH

THE CONSTITUTION OF THE UNITED STATES

AND THE

ORGANIC LAW.

PUBLISHED BY AUTHORITY.

THOMAS MORTON, of the “Nebraska City News," and
THEODORE H. ROBERTSON, of the “Omaha Nebraskian,"
PUBLIC PRINTERS FOR THE TERRITORY.

C

UNIT

SECRETARY'S OFFICE,
Omaha City, Nebraska Territory,

December 20th, 1858.
I hereby certify that I have this day delivered to Thomas Morton, of
the “Nebraska City News," and Theodore H. Robertson, of the "Omaha
Nebraskian,” Territorial Printers, true and correct copies of all the Laws,
Joint Resolutions and Memorials, passed by the Legislative Assembly of
Nebraska Territory at the session begun and held at Omaha city, N. T.,
September 21, A. D. 1858.

J. STERLING MORTON,

Secretary of Nebraska Territory.

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We hereby certify that the following are true and correct copies of the
Laws, Joint Resolutions and Memorials passed by the Legislative Assem-
bly of Nebraska Territory, at the session begun and held at Omaha city,
N. T., September 21, A. D. 1858, and delivered to us by J. Sterling Mor-
ton, Secretary of Nebraska Territory.
Omaha, N. T., December 20, 1858.

THOMAS MORTON,
THEODORE H. ROBERTSON,

Territorial Printers.

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We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

ARTICLE I.

.

Bentatives and

Section 1. 1. All legislative powers herein granted, shall be vested Legislative pow. in a Congress of the United States, which shall consist of er. a Senate and House of Representatives.

SECTION 2. 1. The House of Representatives shall be composed of House of repromembers chosen every second year by the people of the

qualification of several states; and the electors in each state shall have the qualification requisite for electors of the most numerous branch of the state legislature.

2. No person shall be a representative, who shall not have electors and ro. attained to the age of twenty-five years, and been seven presentativen. years a citizen of the United States, and who shall not, when elected be an inhabitant of that state in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned

Apportionment among the several states which may be included within this or representaUnion, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three

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years after the first meeting of the Congress of the United

States, and within every subsequent term of ten years, in Ratio of repre

such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representative;

and until such enumeration shall be made, the state of New First apportion. Hampshire shall be entitled to choose three; Massachusetts

eight; Rhode Island and Providence Plantations, one;
Connecticut, five; New York, six; New Jersey, four;
Pennsylvania, eight; Delaware, one; Maryland, six; Vir-
ginia, ten; North Carolina, five; South Carolina, five; and

Georgia, three.
Vacancies 4. When vacancies happen in the representation from any

state, the executive authority thereof shall issue writs of

clection to fill such vacancies. Speaker of the 5. The House of Representatives shall choose their house. speaker and other officers, and shall have the sole power of impeachment.

SECTION 3. 1. The Senate of the United States shall be composed of a vote. two senators from each state, chosen by the legislature

thereof, for six years; and each senator shall have one vote. Senators classed. 2. Immediately after they shall be assembled, in conse

quence of the first election, they shall be divided, as equally

as may be, into three classes. The seats of the senators of seats vacated the first class, shall be vacated at the expiration of the every two years. second year, of the second class, at the expiration of the

fourth year, and the third class at the expiration of the

sixth year, so that one-third may be chosen every second Vacancies.

year; and if vacancies bappen by resignation or otherwise, during the recess of the legislature of any state, the exccutive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such

vacancies. Qualification of

3. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected

be an inhabitant of the state for which he shall be chosen, President of the

4. The vice president of the United States shall be president of the Senate; but shall have no vote unless they

be equally divided. Oficers.

5. The Senate shall choose their other officers, and also
a president, pro tempore, in the absence of the vice president,
or when he shall exercise the office of president of the

United States.
Impeach monts.

6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; and no per

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son shall be convicted without the concurrence of two-thirds
of the members present.

7. Judgment, in cases of impeachment, shall not extend And oxtent of further than removal from office, and disqualification to

judgment hold and enjoy any office of honor, trust or profit, under the United States; but the party convicted shall, nevertheless, Party liable nobe liable and subject to indictment, trial, judgment and cording to law. punishment, according to law.

SECTION 4. 1. The times, places, and manner of holding elections for Elections how senators and representatives, shall be prescribed in each regulated. state, by the legislature thereof, but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing senators.

2. The Congress shall assemble at least once in every Meetings of conyear, and such meeting shall be on the first Monday in gress. December, unless they shall by law appoint a different day.

Section 5. 1. Each house shall be the judge of the election, returns to judgo of tho and qualifications of its own members, and a majority of election of its

members
each shall constitute quorum to do business; but a smaller

Quorum.
number may adjourn from day to day, and may be author-
ized to compel the attendance of absent members, in such
manner, and under such penalties as each house may pro-
vide.

2. Each house may determine the rules of its proceedings,
punish its members for disorderly behavior, and, with the
concurrence of two-thirds, expel a member.

3. Each house shall keep a journal of its proceedings, and Journals.
from time to time publish the same, excepting such parts as
may, in their judgment, require secrecy; and the yeas and
Days of the members of either house, on any question, shall,
at the desire of one-fifth of those present, be entered on the
journal.

4. Neither house, during the session of Congress, shall, Adjoumament.
without the consent of the other, adjourn for more than
three days, nor to other place than that in which the two
houses shall be sitting.

SECTION 6. 1. The senators and representatives shall receive a com- Compensation. pensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest, during their attendance at the Privilege. session of their respective houses, and in going to or returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

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