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 oflice shall be exercised only by representatives shall, at its first session, consist citizens of the United States and those who shail of twenty-six members, possessing the same have declared on oath their intention to become 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 time to time, in proportion to the increase of qualified voters: Provided, That the whole number shall never exceed 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 repre 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, soldier, seaman, or 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. SBC. 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; bus of the council and of the house of representa- no law sball 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 lauds 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 hill 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, bo presented to the governor of the and appoint; and the persons so appointed shali receive a reasonable compensation therefor, And the first election shall be held at such tunes and places, and be conducted in such manner, both as to the persons who shall 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 menibers of the council and house of representatives to which each of the counties or districts shall be entitled under this act. The persons having the highest number of legal votes in each of said council districts for members of the council, shall be declared by the governor to be duly elected territory; if he approve, he shall sign it; but if not, he shall return it with his objecte as to the bouse in which it originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by twothirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and Days, to be entered on the journal of each house respectively. If any hill 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 sald house: Provided, That in case 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 shall order a new election; and the unless the assembly, by adjournment, prevent its return, in which case it shall not be a law. SEC. 7. That all township, district, and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such mauner as shall be provided by the gov persons thus elected to the legislative assembly erner 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 con-gilative counell, appoint all officers not herein ducting all elections by the people, and the ap- otherwise provided for; and in the first instance portioning the representation in the several the governor alone may appoint all said officers, counties or districts to the council and house of who shall hold their offices until the end of the 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. 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 ter 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. SBC. 8. That no member of the legislative assembly shall hold, or be appointed to, any office which shall have been created, or the salary or emoluments of which shall have been increased, 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 WHIG ALMANAC, 1855. commission or appointment under the United three, and the "act to amend and supplement States, except postmasters, shall be a meinber ary to the aforesaid act," approved September of the legislative assembly, or shall hold any of eighteen, eighteen hundred and fifty; and each of the said district courts shad have and exerfice under the government of said territory. Suc. 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, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of 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 saine as in other cases. The said clerk shall, res celve in all such cases the same fees which the clerks of the district courts of Utah Territory now receive for similar services. SEC. 10. That the provisions of an act entitled "An act respecting fugitives from justice, and persons escaping from the service of their mas same are hereby, declared to extend to and be in full force within the limits of said territory of Nebraska. 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 corumon law jurisdiction. Each district court, or the judge thereof, shall appoint its elers, who shall also be the register in chancery, and shall keep his office at the place where the esurt may be held. Writs of error, bills of exception, and appeals, shall be allowed in ali cases from the final decision of said district courts to the supreme court, under such regulaLous as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court, or the justices thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error, and appeals from the final decision of said supreme SEC. 11. That there shall be appointed an attorney for said territory, who shall continue in office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President, and who shall receive the same fees and salary as the attorney of the United States for the present territory of Utah. There shall also be a marshal for the territory appointed, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President, and who shall execute all processes 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 froin 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 comcess, shall exceed one thousand dollars; except pensation for extra services. SEC. 12. That the governor, secretary, chief only that in all cases involving title to slaves, the 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 goverror or appeal shall also be allowed to the Su-ernor and secretary to be appointed as aforepreine 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 I any writ of habeas corpus, involving the question oaths and affirmations by the laws now in force of personal freedom: 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 fus Lives from justice, and persons escaping from United States, and faithfully to discharge the Le service of their masters," approved Febru- duties of their respective offices, which said ary twelfth, seventeen hundred and ninety-oaths, when so taken, shall be certified by the 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 legand 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 'erritory 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 Rep missioned and qualified, which said oath or afGrmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid; and afterwards, the like oath or affirmation shall be taken, certified, and recorded, in such manner and form as be prescribed by law. The governor shall receive an annual salary of two resentatives of the United States, to serve for the terin of two years, who shall be a citizen of the United 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 Representa thousand 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 déclared by the governor to be duly elected, The members of the legislative assembly shall be and a certificate thereof shall be given acoordentitled 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 inap and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route; and an additional allow ance of three dollars shall be paid to the presiding officer of each house for each day he shall so preside. And a chief clerk, one assistant plicable, shall have the same force and effect within the said territory of Nebraska as elsewhere within the United States, except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March sixth, eighteen hundred and twenty, which, being inconsistent 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 inop erative and void; it being the true intent and meaning of this act not to legislate slavery into any territory or 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 or regulation which may have existed prior to the act of sixth March, eighteen hundred and twenty, either protecting, establishing, prohibiting, or abolishing slavery. session of the legislative assembly; but no other officers shall be paid by the United States: Provided, That there shall be but one session of the legislature annually, unless, on an extraordinary occasion, the governor shall think proper to call the legislature together. There shall be appropriated, annually, the usual sum, to be expended by the governor, to defray the contingent expenses of the territory, including the salary of a clerk of the executive department; and there shall also be appropriated, annually, a sufficient sum, to be expended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the print ng of the laws, and other incident- governments, a sufficient amount, to be expend 7 SEC. 15. That there shall hereafter be appropriated, as has been customary for the territorial ed under the direction of the said governor of the territory of Nebraska, not exceeding the sums heretofore appropriated for similar objects, al expenses; and the governor and secretary of the territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the secretary of the treasury for the erection of suitable public buildings at 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. 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. SEO. 16. That when the lands in the said territory shall be surveyed under the direction of the SEC. 13. That the legislative assembly of the territory of Nebraska shall hold its first ses-government of the United States, preparatory to sion at such time and place in said territoty as bringing same into market, sections numbered the governor thereof shall appoint and direct; 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 hereafter to be erected out of the same. 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 mod ify 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. SEC. 18. That all officers to be appointed by the President, by and with the advice and consent of the Senate, for the territory of Nebraska, who, brirtue of the provisions of any law now existing, or which may be enacted during the present Congress, are required to give security for disbursements, shall give such security, at such time and place, and in such manner as the secretary of the treasury may prescribe. 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 the government to make if this act had never passed. [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 ited, providing for the government of Nebraska territory. The final section of the act, which has a general reference to both territories, is as follows:] SEC. 87. And be it further enacted, that all treaties, laws, and other engagements made by moneys that may be intrusted with them for observed, notwithstanding anything contained the government of the United States with the Indian tribes inhabiting the territories embraced within this act, shall be faithfully and rigidly in this act; and that the existing agencies and superintendencies of said Indians be continued with the same powers and duties which are now prescribed by law, execpt that the President of the United States may, at his discretion, change 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-YORK-Thomas W. Cumming, Francis B. 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. Sac. 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 adumission: 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 ing. pair 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 sald tribe, to be included within the territorial limits of 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 includ-J. Faulkner, William O. Goode, Zedekiah Kid NEW-JERSEY-Samuel Lilly, George Vail-2. Оню-David T. Disney, Frederick W. Green, Edson B: Olds, Wilson Shannon INDIANA-John G. Davis, Cyrus L. Dunham, MICHIGAN-Samuel Olark, David Stuart-2. gall-2. FROM THE SLAVE STATES. VIRGINIA-Thomas H. Bayly, Thomas S. Bocock, well, John Letcher, Paulus Powell, William Smith, John F. Snodgrass-11. NORTH CAROLINA-William S. Ashe, Burton Craige, Thomas L. Clinginan, John Kerr, Thomas Ruffin, Henry M. Shaw-6. SOUTH CAROLINA-William W. Boyce, Preston S. Brooks, James L. Orr-8. GEORGIA-David J. Bailey, Elijah W. Chastain, Alfred H. Colquitt, Junius Hillyer, David A. Reese, Alex. H. Stephens-6. ALABAMA-James Abercrombie, Williamson R. W. Cobb, James F. Dowdell, Sampson W. Harris, George S. Houston, Philip Phillips, William R. Smith-7. MISSISSIPPI-William S. Barry, William Barksdale, Otho R. Singleton, Daniel B. Wright-4. LOUISIANA-William Dunbar, Roland Jones, Joho Perkins, Jr.-8. KENTUCKY-John C. Breckenridge, James S. Chrisman, Leander M. Cox, Clement S. Mal, John M. Elliott, Benj. E. Grey, William Preston, Richard H. Stanton-S. TENNESSEE-William M. Churchwell, George W. Jones, Charles Ready, Samuel A. Smith, Frederick P. Stanton, Felia K. Zollicoffer-6. MISSOURI-Alfred W. Lamb, Jumes J. Lindley, ARKANSAS-A. B. Greenwood, Edwin A. War- Total, Free and Slave States-113. NAYS-100. MAINE-Samuel P. Benson, E. Wilder Farley, Thomas J. D. Fuller, Samuel Mayall, Israel Washburn, Jr.-5. NEW-HAMPSHIRE-George W. Kittredge, George W. Morrison-2. MASSACHUSETTS-Nathaniel P. Banks, Jr., Samuel L. Crocker, ALEX. DE WITT. Edward Dickinson, J. Wiley Edmands, Thomas D. Eliot, John Z. Goodrich, Charles W. Upham, Samuel II. Walley, Fuppan Wentworth-10. RHODE ISLAND-Thomas Davis, Benjamin B. Thurston-2. CONNECTICUT-Nathan Belcher, James T. Pratt, Origen S. Seymour-3. Andrew Tracy-8. VERMONT-James Meacham, Alrah Sabin, NEW-YORK-Henry Bennett, Davis Carpen ter, Gilbert Dean, Caleb Lyon, Reuben E. Fenton, Thomas T. Flagier, George Ilastings, Solo II. H. Johnson, William D. Lindsley, M. H. Nichols, Thomas Ritchey, Willsam R. Sapp, Andrew Stuart, John L. Taylor, EDWARD WADE-15. INDIANA-Andrew J. Harlan, Daniel Mace, Samuel W. Parker-3. ILLINOIS-James Knox, Jesse O. Norton, E. B. Washburne, Jolin Wentworth, Richard Yates-5. MICHIGAN-David A. Noble, H. L. Stevens-2. WISCONSIN-B. C. Eastman, Dantel Wens, Jr.-2. Iowa None. CALIFORNIA-None. Total-91. SOUTHERN STATES. VIRGINIA-John S. Millson-1. NORTH CAROLINA-Richard C. Puryear, Sion LOUISIANA- Theodore G. Hant-1. ABSENT, OR NOT VOTING-21. Total from Free States-9. MISSISSIPPI-Wiley P. Harris-1. Total from Slave States-12. The bill having been amended in the House so as to allow Aliens to vote, was sent back to the Senate and ordered to a third reading by the following vote: mon G. Haven, Charles Hughes, Daniel T. Jones, (S. C.), Cass (Mich.), Chay (Ala.), Dawson (Ga.). Orsamus B. Matteson, Eduin B. Morgan, NAW-JERSEY-Alex. C. M. Pennington, Charles PENNSYLVANIA-Joseph R. (handler, Carlton B. Curtis, John Dick, Angustus Drum, William Everhart, James Gamble, Galusha A. Grow, Isaac E. Niester, Thomas M. Howe, John Mc Culloch, Ner Middleswarth, David Kitchie, Samuel L. Russell, Michael C. Trout-14. Оню-Eduard Ball, Lewis D Campbell, Alfred P. Edgerton, Andrew Ellison, JECA R YEAS-Atchison (Mo.), Badger (N. C.), Benjamin (La), Broadhead (Pa.), Brown (Mi.), Butler Douglas (III.), Fitzpatrick (Ala.), Gwin (Cal.), Hunter (Va.), Johnson (Ark.), Jones (Iowa). Jones (Tenn.), Mallory (Fa.), Mason (Va.), Morton (Fa.), Norris (N. H.), Pearce (Md.), Pettit (Ind.), Pratt (Md.), Rusk (Texas), Sebastian (Ark.), Shields (Ill.), Slidell (La.), Stuart (Mich.), Thompson (Ky.), Thomson (N. J.), Toombs (Ga.), Toucey (Ct.), Weller (Cal.), Williams (N.Η.), Wright (N. J.-85. NATS-Allen (R. I.), Bell (Tenn.), CHASE (Ohio), Clayton (Del.), Fish (N. Y.), Foote (Vt.), OnLRTTE (Ct), Hamlin (Me.), James (R. I.), Seward (N. Y.), SUMNER (Mass.), Wade (Ohio), Walker (Wis.)-18. Democrats in Reman; Whigs in Italics; Free GIDDINGS, Aaron Harlan, John Scott Harrison, Democrats in SMALL CAPS. |