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hundred and thirteen to one hundred, on the same day, May 22, 1854.

The bill, as it thus went back to the Senate, was in the same form as when it left that body, excepting that Mr. Clayton's amendment, which omitted from the class of those entitled to vote and to hold office, "those who shall have declared on oath their intention to become citizens of the United States, and shall have taken oath to support the constitution of the United States and the provisions of this act," had been struck out by the House. In the Senate it was again debated two days, when a motion to restore Mr. Clayton's amendment (leaving only citizens of the United States capable of voting or holding office) was lost, yeas seven, nays forty-one; and the bill passed to a third reading, thirty-five to thirteen, and was finally passed on the 25th of May.

It received the signature of the President, and became a law, May 30th, 1854, in the words given in the next chap

ter.

17

CHAPTER VIII.

AN ACT TO ORGANIZE THE TERRITORIES OF NEBRASKA

AND KANZAS.

BOUNDARY OF NEBRASKA.

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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 in the Missouri river where the fortieth parallel of north latitude crosses the same; thence west on said parallel to the east boundary of the territory of Utah, on the summit of the Rocky Mountains; thence on said summit northward to the forty-ninth parallel of north latitude; thence east on said parallel to the western boundary of the territory of Minnesota; thence southward on said boundary to the Missouri river; thence down the main channel of said river to the place of beginning, be, and the same is hereby, created into a temporary government by

BOUNDARY OF NEBRASKA.

195

the name of the Territory of Nebraska; 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 said territory to any other state or territory of the United States: Provided 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 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 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 Nebraska, until said tribe shall signify their assent to the President of the United States to be included within the said territory of Nebraska; 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

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been competent to the government to make if this act had never passed.

GOVERNOR.

SEC. 2. And be it further enacted, That the executive power and authority in and over said territory of Nebraska shall be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, 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 offences against the laws of said territory, and reprieves for offences 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.

SECRETARY.

SEC. 3. And be it further enacted, That there shall be a secretary of said territory, who shall reside therein, and hold 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 leg

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islative 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 day 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 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.

LEGISLATURE.

SEC. 4. And be it further enacted, That the legislative power and authority of said territory shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of thirteen members, having the qualifications 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 time to time, in

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