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legitimately coming here--and none other can

Fitzpatrick, Thomson of N. J. come--shall be decided, as they ought to be, upon


Toucey, their merits, by a fair exercise of legislative


Weller, power, and not by bargains of equivocal pru.

Williams--37. dence, if not of doubtful morality.

The House of Representatives has, and it al- NAYS- Against the said bill ; ways will have, an increasing majority of mem

Messrs. Bell,

Houston, bers from the Free States. On this occasion, that


James, House has not been altogether faithless to the in

Dodge of Wisc. Seward, terests of the Free States; for although it has taken

Fessenden, Smith, away the charter of Freedom from Kansas and


Sumner, Nebraska, it has, at the same time, told this proud


Wade, body, in language which compels acquiescence,


Walker-14. that in submitting the question of its restoration, it would submit it not merely to interested citi. So the bill was passed, and its title dezens, but to the alien inhabitants of the Terri: clared to be “ An Act to organize the Tertories also. So the great interests of humanity are, after all, thanks to the House of Represent. ritories of Nebraska and Kansas," and the atives, and thanks to God, submitted to the Senate adjourned over to the Tuesday folvoice of human nature.

following Sir, I see one more sign of hope. The great support of Slavery in the South has been its alli. ance with the Democratic party of the North.

In the House, a bill to organize the TerBy means of that alliance, it obtained paramount influence in this Government about the year 1800, ritory of Nebraska had been noticed on the which from that time to this, with but few and first day of the session, by Mr. John G. slight interruptions, it has maintained. While Miller of Mo., who introduced it December Democracy in the North has thus been support. 22nd. ing Slavery in the South, the people of the North have been learning more profoundly the princi

Jan. 24th. ---Mr. Giddings gave notice of ples of republicanism and of free government. a bill to organize said Territory. It is an extraordinary circumstance, which you, Jan. 30th.—Mr. Pringle of N. Y. sir, the present occupant of the chair, (Mr. Stu- deavored to have the bill passed at the last art}, I am sure will not gainsay, that at this moment, when there seems to be a more complete

session (leaving the Missouri Restriction divergence of the Federal Government, in favor intact), reported by the Committee on Terof Slavery, than ever before, the sentiment of ritories ; but debate arose, and his resolution Universal Liberty is stronger in all Free States lay over. than it ever was before. With that principle, the present Democratic party must now come

Jan. 31st.--Mr. Richardson of Ill., chairinto a closer contest. Their prestige of Democra- man of the Committee on Territories, recy is fast waning, by reason of the hard service ported a bill “ To organize the Territories which their alliance with their slaveholding of Nebraska and Kansas,” which was read brethren has imposed upon them. That party twice and committed. perseveres, as indeed it must, by reason of its very constitution, in that service, and thus comes into

Mr. Richardson's bill was substantially closer conflict with elements of true Democracy, Mr. Douglas's last bill, and was accompaand for that reason is destined to lose, and is fast nied by no report. Mr. English of Ind. losing, the power which it has held so firmly and submitted the views of a minority of said long. That power will not be restored until the principle established here now shall be reversed, Committee on Territories, proposing, withand a Constitution shall be given, not only to out argument, the two following amendKansas and Nebraska, but also to every other ments : national Territory, which will be not a tabula but a Constitution securing equal, univer

1. Amend the section defining the boundsal, and perpetual Freedom.


of Kansas, so as to make " the summit of the Rocky Mountains” the western bound

ary of said Territory. Mr. Douglas closed the debate, reiterating 2. Strike out of the 14th and 34th secand enforcing the views set forth in his Re- tions of said bill all after the words “ Uniport already given ; and at last the vote ted States," and insert in each instance (the was taken, and the bill passed : Yeas 37; one relating to Kansas, and the other to NeNays 14; as follows:

braska) as follows : YEAS-For the Kansas-Nebraska bill : Provided, That nothing in this act shall be so

construed as to prevent the people of said TerriMessrs. Adams,


tory, through the properly.constituted legislative Atchison, Johnson,

authority, from passing such iaws, in relation to Badger,

Jones of Iowa, the institution of Slavery, as they may deem
Jones of Tenn.

best adapted to their locality, and most condu-

cive to their happiness and welfare; and so much Brodhead, Morton,

of any existing act of Congress as may conflict Norris,

with the above right of the people to regulate Butler, Pettit,

their domestic institutions in their own way, be, Cass, Pratt,

and the same is hereby, repealed.”


This appears to have been an attempt to

Dodge of Iowa, Slidell,

give practical effect to the doctrine of

Squatter Sovereignty; but it was not suc-
Thompson of Ky.





May 8th.—On motion of Mr. Richard- | ty-Yeas 137 ; Nays 66—the following opson, the House—Yeas 109 ; Nays 88-- ponents of the bill voting for the motion, resolved itself into a Committee of the namely: Whole, and took up the bill (House No.

MAINE.-Thomas J. D. Fuller, Samuel May236) to organize the Territories of Nebras

all-2. ka and Kansas, and discussed it--Mr. Olds NEW-HAMPSHIRE.-Geo. W. Kittredge, Geo. of Ohio in the chair.

W. Morrison-2. On coming out of Committee, Mr George

MASSACHUSETTS.--Nathaniel P. Banks, jr.-1. W. Jones of Tenn. moved that the rules be

CONNECTICUT.-Origen S. Seymour-).

NEW-YORK.-Gilbert Dean, Charles Hughes suspended so as to enable him to move the -2. printing of Senate bill (No. 22, passed the PENNSYLVANJA.-Michael C. Trout-1. Senate as aforesaid) and the amendment

Ohio.-Alfred P. Edgerton, Harvey H. Johnnow pending to the House bill. No quo- as Richey—5.

son, Andrew Ellison, William D. Lindsley, Thomrum voted--adjourned.

INDIANA.---Andrew J. Harlan, Daniel Mace-2. May 9th.-- This motion prevailed. Af- ILLINOIS.—John Wentworth-1. ter debate in Committee on the Kansas-Ne- MICHIGAN.-David A. Noble, Hestor L. Ste

vens-2. braska bill, the Committee found itself

WISCONSIN.-John B. Macy-1. without a quorum, and thereupon rose and VIRGINIA.—John S. Millson--l. reported the fact to the House-only 106

Total-21. Members were found to be present. After several fruitless attempts to adjourn, a call

Mr. Richardson, having thus got in his was ordered and a quorum obtained, at 9 resolution to close the debate, put on the P. M. At 10, an adjournment prevailed. previous question again, and the House-

May 10th.--Debate in Committee con- Yeas, 113; Nays, 59-agreed to close the tinued.

debate on the 20th. May 11th.--Mr. Richardson moved that Debate having been closed, the opponents all debate in Committee close to-morrow at of the measure expected to defeat or crip

ple it by moving and taking a vote in ComMr. English moved a call of the House : mittee on various propositions of amendRefused ; Yeas 88 ; Nays 97.

ment, kindred to those moved and rejected Mr. Mace moved that Mr. Richardson's in the Senate; some of which it was bemotion be laid on the table: Defeated ; lieved a majority of the House would not Yeas 95 ; Nays 100.

choose (or dare) to vote down ; and, though Mr. Edgerton of Ohio moved a call of the names of those voting on one side or the House : Refused ; Yeas 45 ; Nays 80.

the other in Committee of the Whole are [The day was spent in what has come not recorded, yet any proposition moved and to be called “ Filibustering” —that is, the rejected there, may be renewed in the House minority moving adjournments, calls of the after taking the bill out of committee, and is House, asking to be excused from voting, no longer cut off by the Previous Question ; taking appeals, etc., etc. In the midst of as it formerly was. But, when the hour for this, Mr. Richardson withdrew his original closing debate in Committee had arrived, motion, and moved instead that the debate Mr. Alex. H. Stephens moved that the enin Committee be closed in five minutes after acting clause of the bill be stricken out ; the House shall have resumed it.

which was carried by a rally of the friends The hour of noon of the 12th having ar- of the bill, and of course cut off all amendBived, Messrs. Dean and Banks raised points ments. The bill was thus reported to the of order as to the termination of the legisla- House with its head off; when, after a long

The Speaker decided that the struggle, the House refused to agree to the legislative day could only be terminated by report of the Committee of the Wholethe adjournment of the House, except by Yeas (for agreeing) 97 ; Nays 117—bringconstitutional conclusion of the session. Mr. ing the House to a direct vote on the enBanks appealed, but at length withdrew his grossment of the bill. appeal.

Mr. Richardson now moved an amendFinally, at 113 o'clock, P. M., of Friday, ment, which was a substitute for the whole 12th, after a continuous sitting of thirty- bill, being substantially the Senate’s bill, six hours, the House, on motion of Mr. Rich- with the clause admitting aliens, who have ardson, adjourned.

declared their intention to become citizens, May 13th.—The House sat but two to the right of suffrage.

He thereupon hours, and effected nothing.

called the Previous Question, which the May 15th.-Mr. Richardson withdrew his House sustained-Yeas 116; Nays 90— demand for the Previous Question on clos- when the House adopted his amendment-ing the debate, and moved instead that the Yeas 115; Nays 95--and proceeded to endebate close at noon on Friday the 19th in- gross the bill Yeas 112; Nays 99--when stant. This he finally modified by substi- he put on the Previous Question again, and tuting Saturday the 20th ; and in this shape passed the bill finally-Yeas 113; Nays his motion prevailed by a two-thirds majori- 100-as follows:

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tive day.


New-HAMPSHIRE—George W. Kittredge,

George W. Morrison-2.

MASSACHUSETTS — Nathaniel P. Banks, Jr.,

Samuel L. Crocker, Alex. De Witt, Edward MAINE-Moses McDonald-1.

Dickinson, J. Wiley Edmands, Thomas D. NEW-HAMPSHIRE—Harry Hibbard-1.

Eliot, John 2. Goodrich, Charles W. Upham, CONNECTICUT-Colin M. Ingersoll-1.

Samuel H. Walley, T'appan Wentworth10. VERMONT—None. MASSACHUSETTS-None. RHODE ISLAND—Thomas Davis, Benjamin B. Rhode ISLAND-None.

Thurston-2. New-York- Thomas W. Cumming, Francis

CONNECTICUT Nathan Belcher, James T. B. Cutting, Peter Rowe, John J. Taylor, Wil

. Pratt, Origen $. Seymour-3. liam M. Tweed, Hiram Walbridge, William A.

VERMONT-James Meacham, Alvah Sabin, Walker, Mike Walsh, Theo. R. Westbrook-9. Andrew Tracy3.

PENNSYLVANIA—Samuel A. Bridges, John L. New-YORK-Henry Bennett, Davis CarpenDawson, Thomas B. Florence, J. Glancy Jones, ter, Gilbert Dean, Caleb Lyon, Reuben E. FenWilliam H. Kurtz, John McNair, Asa Packer, ton, Thomas T. Flagler, George Hastings, SoloJohn Robbins, Jr., Christian M. Straub, William mon G. Haven, Charles Éughes, Daniel T. Jones, H. Witte, Hendrick B. Wright-11.

Orsamus B. 'Matteson, Edwin B. Morgan, New-JERSEY—Samuel Lilly, George Vail-2. William Murray, Andrew Oliver, Jared

V. Peck, OH10—David T. Disney, Frederick W. Green, Rufus W. Peckham, Bishop Perkins, Benjamin Edson B. Olds, Wilson Shannon-4.

Pringle, Russell Sage, George A. Simmons, INDIANA—John G. Davis, Cyrus L. Dunham, GERRIT Smith, John Wheeler-22. Norman Eddy, William H. English, Thomas A. NEW JERSEY Alex. C. M. Pennington, Hendricks, James H. Lane, Smith Miller-7.

Charles Skelton, Nathan T. Stratton–3. ILLINOIS-James C. Allen, Willis Allen, Wm.

PENNSYLVANIA-Joseph R. Chandler, Carlton A. Richardson-3.

B. Curtis, John Dick, Augustus Drum, William MICHIGAN-Samuel Clark, David Stuart-2.

Everhart, James Gamble, Galusha A. Grow, IOWA-Bernhart Henn-1.

Isaac E. Hiester, Thomas M. Howe, John McWISCONSIN– None.

Culloch, Ner Middleswarth, David Ritchie, CALIFORNIA–Milton S. Latham, J. A. McDou- Samuel L. Russell, Michael C. Trout-14. gall-2. Total 44.

0110– Edward' Ball, Lewis D. Campbell,

Alfred P. Edgerton, Andrew Ellison, Joshua R. FROM THE SLAVE STATES.

GIDDINGS, Aaron Harlan, John Scott HarriDELAWARE-George R. Riddle-1.

son, H. H. Johnson, William D. Lindsley, M. H. MARYLAND–William T. Hamilton, Henry Nichols, Thomas Richey, William R. Sapp, May, Jacob Shower, Joshua Vansant-4. Andrew Stuart, John L. Taylor, EDWARD WADE VIRGINIA—Thomas H. Bayly, Thomas S. Bo

--15. cock, John S. Caskie, Henry A. Edmundson, INDIANA—Andrew J. Harlan, Daniel Mace, Charles J. Faulkner, William O. Goode, Zede- / Samuel W. Parker-3. kiah Kidwell, John Letcher, Paulus Powell, ILLINOIS-James Knox, Jesse O. Norton, William Smith, John F. Snodgrass-11.

Elihu B. Washburne, John Wentworth, Richard North CAROLINA-William S. Ashe, Burton Yates-5. Craige, Thomas L. Clingman, John Kerr, Thos. MICHIGAN-David A. Noble, Hestor L. SteRuffin, Henry M. Shaw-6.

vens-2. South CAROLINA-William W. Boyce, Pres- WISCONSIN-Benjamin C. Eastman, Daniel ton S. Brooks, James L. Orr-3.

Wells, Jr.—2.
GEORGIA-David J. Bailey, Elijah W. Chas- IOWA-None. CALIFORNIA-None. Total-91.
tain, Alfred H. Colquitt, Junius Hillyer, David
A. Reese, Alex. H. Stephens—6.

ALABAMA- James Abercrombie, Williamson
R. W. Cobb, James F. Dowdell, Sampson W.

VIRGINIA—John S. Millson-1.

NORTH CAROLINA Richard C. Puryear, Harris, George S. Houston, Philip Phillips, William R. Smith-7.

Sion H. Rogers2. MississippI-William S. Barry, William

TENNESSEE-Robert M. Bugg, William CulBarksdale, Otho R. Singleton, Daniel B. Wright lom, Emerson Etheridge, Nathaniel G. Tay-4.

lor-4. LOUISIANA-William Dunbar, Roland Jones,

LOUISIANA-Theodore G. Hunt-1.

MISSOURI-Thomas H. Benton-1.
John Perkins, Jr.—3
KENTUCKY-John C. Breckenridge, James S.

OTHER SOUTHERN STATES—None. Total-9. Chrisman, Leander M. Cox, Clement S. Hill,

Total, Free and Slave States-100.
John M. Elliot, Benj. E. Grey, William Pres-
ton, Richard H. Stanton-8.
TENNESSEE—William M. Churchwell, George

ABSENT, OR NOT VOTING21. W. Jones, Charles Ready, Samuel A. Smith, N. ENGLAND STATES-William Appleton of Frederick P. Stanton, Felix K. Zollicoffer-6. Mass.-1.

MISSOURI-Alfred W. Lamb, James J. Lind- New-York--Geo. W. Chase, James Maurice ley, John G. Miller, Mordecai 'Oliver, John S. -2. Phelps—5.

PENNSYLVANIA—None. NEW-JERSEY-None. ARKANSAS—Alfred B. Greenwood, Edwin A.

OH10–George Bliss, Moses B. Corwin--2. Warren-2.

ILLINOIS-Wm. H. Bissell-1.
FLORIDA-Augustus E. Maxwell—1.

Texas—Peter H. Bell, Geo. W. Smyth-2. INDIANA-Eben M. Chamberlain-1.


MICHIGAN-None. IOWA- John P. Cook-1.
Total, Free and Slave States-113. WISCONSIN–John B. Macy-1.

Total from Free States—9.

MARYLAND~John R. Franklin, Augustus R.

Sollers—2. MAINE-Samuel P. Benson, E. Wilder Far. VIRGINIA–Fayette McMullen–1. ley, Thomas J. D. Fuller, Samuel Mayall, Israel NORTH CAROLINA None. DELAWARE Washburn, Jr.-5.


SOUTH CAROLINA-Wm. Aiken, Lawrence M. Territory of the United States included within the Keitt, John McQueen-3.

following limits, except such portions thereofas are GEORGIA-Wm. B. W. Dent, James L. Seward hereinafter expressly exempted from the opera-2.

tions of this act, to wit: beginning at a point in ALABAMA-None.

the Missouri river where the fortieth parallel of MississippI-Wiley P. Harris-1.

north latitude crosses the same; thence west on KENTUCKY-Linn Boyd, (Speaker,) Presley said parallel to the east boundary of the Territory Ewing-2.

of Utah on the summit of the Rocky Mountains ; MISSOURI-Samuel Caruthers--1.

thence on said summit northward to the fortyARKANSAS— None. FLORIDA--None.

ninth parallel of north latitude; thence east on TEXAS-None. TENNESSEE—None.

said parallel to the western boundary of the Ter. LOUISIANA—None.

ritory of Minnesota ; thence southward on said Total from Slave States-12.

| boundary to the Missouri river; thence down the

main channel of said river to the place of begin. Whigs in Italics. Abolitionists in SMALL CAPITALS. ning, be, and the same is hereby created into a Democrats in Roman.

temporary government by the name of the Terri. May 23d.--The bill being thus sent to tory of Nebraska ; and when admitted as a State the Senate (not as a Senate but as a House same, shall be received into the Union with or

or States, the said Territory, or any portion of the bill), was sent at once to the Committee of without Slavery, as their constitution may pre. the Whole, and there briefly considered. scribe at the time of their admission: Provided,

May 24th.—Mr. Pearce of Md. moved to That nothing in this act contained shall be con strike out the clause in sec. 5 which ex- States from dividing said Territory into two or

strued to inhibit the government of the United tends the right of suffrage to

more territories, in such manner and at such times “those who shall have declared on oath their as Congress shall deem convenient and proper, or intention to become such, [citizens) and shall from attaching any portion of said Territory to have taken an oath to support the Constitution any other State or Territory of the United States : of the United States, and the provisions of this Provided further, That nothing in this act conact."

tained shall be construed to impair the rights of

person or property now pertaining to the Indians Negatived—Yeas; Bayard, Bell, Brod- in said Territory, so long as such rights shall rehead, Brown, Clayton, Pearce, and Thomp- ted States and such Indians, or to include any

main unextinguished by treaty between the Unison of Ky Nays 41. The bill was then ordered to be engrossed is not, without the consent of said tribe, to be in

Territory which, by treaty with any Indian tribe, for a third reading—Yeas 35; Nays 13, as cluded within the territorial limits or jurisdiction follows:

of any State or Territory; but all such Territory

shall be excepted out of the boundaries, and conYEASFor Engrossing:

stitute no part of the Territory of Nebraska, until Messrs. Atchison, Mo.

said tribe shall signify their assent to the Presi. Mason, Va.

dent of the United States tu be included within Badger, N. C. Morton, Fla. Benjamin, La.

the said Territory of Nebraska, or to affect the Norris, N. H. Brodhead, Pa. Pearce, Md.

authority of the government of the United States Brown, Miss. Pettit, Ind.

to make any regulations respecting such Indians, Butler, S.C. Pratt, Md.

their lands, property, or other rights, by treaty, Cass, Mich. Rusk, Texas,

law, or otherwise, which it would have been Clay, Ala. Sebastian, Ark.

competent to the government to make if this act

had never passed.
Dawson, Ga. Shields, II.
Douglas, III. Slidell, La.

Sec. 2. That the executive power and authori.
Fitzpatrick, Ala. Stuart, Mich.

ty in and over said Territory of Nebraska shall Gwin, Cal. Thompson, Ky.

be vested in a governor, who shall hold his office

for four years, and until his successor shall be Hunter, Va. Thomson, N. J. Johnson, Ark.

appointed and qualified, unless sooner removed Toombs, Ga.

by the President of the United States. The gov. Jones, Iowa, Toucey, Ct. Jones, Tenn.

ernor shall reside within said Territory, and shall Weller, Cal. Mallory, Fla.

be commander-in-chief of the militia thereof. He Williams, N. H. Wright, N. J.-35.

may grant pardons and respites for offenses

against the laws of said Territory, and reprieves NAYS- Against Engrossing:

for offenses against the laws of the United States,

until the decision of the President can be made Messrs. Allen, R. I. GILLETTE, Ct. known thereon; he shall commission all officers Bell, Tenn. Hamlin, Me.

who shall be appointed to office under the laws CHASE, Ohio, James, R. I. Clayton, Del.

of the said Territory, and shall take care that the Seard, N. Y. Fish, n. Y.

laws be faithfully executed.

Sec. 3. That there shall be a secretary of saia
Foot, Vt.
Wade, Ohio,

Territory, who shall reside therein, and hold his
Walker, Wisc.-13.

office for five years, unless sooner removed by Democrats in Roman; Whigs in Italics ; Free Demo. the President of the United States ; he shall recrats in SMALL CAPS.

cord and preserve all the laws and proceedings The bill was then passed without further ed, and all the acts and proceedings of the govern

of the legislative assembly hereinafter constitutdivision, and, being approved by the Presi- or in his executive department; he shall transdent, became a law. Its provisions are as mit one copy of the laws and journals of the le. follows:

gislative assembly, within thirty days after the

end of each session, and one copy of the execuAn Act to organize the Territories of Nebraska and tive proceedings and official correspondence

semi-annually on the first days of January and Be it enacted by the Senate and House of Rep. July in each year, to the President of the United resentatives of the United States of America in States, and two copies of the laws to the PresiCongress assembled : That all that part of the dent of the Senate and to the Speaker of the


House of Representatives, to be deposited in the shall be entitled to vote at the first election, and libraries of Congress; and, in case of the death, shall be eligible to any office within the said ter: removal, resignation, or absence of the governor ritory; but the qualifications of voters, and of from the Territory, the secretary shall be, and he holding office, at all subsequent elections, shall is hereby authorized and required to execute and be such as shall be prescribed by the legislative perform all the powers and duties of the governor assembly: Provided, That the right of suffrage during such vacancy or absence, or until another and of holding office shall be exercised only by governor shall be duly appointed and qualified to citizens of the United States and those who shall fill such vacancy.

have declared on oath their intention to become Sec. 4. That the legislative power and authori- such, and shall have taken an oath to support ty of said Territory shall be vested in the governor the Constitution of the United States and the and a legislative assembly. The legislative as- provisions of this act: And provided further, sembly shall consist of a council and house of That no officer, soldier, seaman, or marine, or representatives. The council shall consist of other person in the army or navy of the United thirteen members, having the qualifications of States, or attached to troops in the service of the voters as hereinafter prescribed, whose term of United States, shall be allowed to vote or hold service shall continue two years. Tho house of office in said territory, by reason of being on representatives shall, at its first session, consist service therein. of twenty-six members, possessing, the same SEC. 6. That the legislative power of the terriqualifications as prescribed for members of the tory shall extend to all rightful subjects of legiscouncil, and whose term of service shall continue lation consistent with the Constitution of the one year. The number of representatives may United States and the provisions of this act; but be increased by the legislative assembly, from no law shall be passed interfering with the pri. time to time, in proportion to the increase of mary disposal of the soil ; no tax shall be imposed qualified voters; Provided, That the whole num- upon the property of the United States ; nor shall ber shall never exceed thirty-nine; an apportion- the lands or other property of non-residents be ment shall be made as nearly equal as practica- taxed higher than the lands or other property of ble, among the several counties or districts, for residents. Every bill which shall have passed the election of the council and representatives, the council and house of representatives of the giving to each section of the territory representa- said territory, shall, before it become a law, be tion in the ratio of its qualified voters as nearly presented to the governor of the territory; if he as may be. And the members of the council and approve, he shall sign it; but if not, he shall reof the house of representatives shall reside in, and turn it with his objections, to the house in which be inhabitants of, the district or county, or coun- it originated, who shall enter the objections at ties, for which they may be elected, respectively. large on their journal, and proceed to reconsider Previous to the first election, the governor shall | it. If, after such reconsideration, two-thirds of cause a census, or enumeration of the inhabitants that house shall agree to pass the bill, it shall be and qualified voters of the several counties and sent, together with the objections to the other districts of the territory, to be taken by such house, by which it shall likewise be reconsidered, persons and in such mode as the governor shall and if approved by two-thirds of that house, it designate and appoint; and the persons so ap- shall become a law. But in all such cases the pointed shall receive a reasonable compensation votes of both houses shall be determined by yeas therefor. And the first election shall be held at and nays, to be entered on the journal of each such times, and places, and be conducted in house respectively. If any bill shall not be resuch manner, both as to the persons who shall turned by the governor, within three days (Sunsuperintend such election, and the returns there. days excepted) after it shall have been presented of, as the governor shall appoint and direct; and to him, the same shall be a law in like manner as he shall at the same time declåre the number of if he had signed it, unless the assembly, by admembers of the council and house of representa- journment, prevent its return, in which case it tives to which each of the counties or districts shall not be a law. shall be entitled under this act.

The persons

Sec. 7. That all township, district, and county having the highest number of legal votes in each officers, not herein otherwise provided for, shall of said council districts for members of the coun- be appointed or elected, as the case may be, in cil, shall be declared by the governor to be duly such manner as shall be provided by the govelected to the council; and the persons having ernor and legislative assembly of the Territory the highest number of legal votes for the house of Nebraska. The governor shall nominate, and, of representatives, shall be declared by the by and with the advice and consent of the legisgovernor to be duly elected members of lative council, appoint all officers not herein said house: Provided, That in case two or otherwise provided for ; and in the first instance more persons voted for shall have an equal the governor alone may appoint all said officers, number of votes, and in case a vacancy who shall hold their offices until the end of the shall otherwise occur in either branch of the first session of the legislative assembly; and shall legislative assembly, the governor shall order a lay off the necessary districts for members of the new election; and the persons thus elected to the council and house of representatives, and all legislative assembly shall meet at such place and other officers. on such day as the governor shall appoint; but Sec. 8. That no member of the legislative asthereafter, the time, place, and manner of holding sembly shall hold, or be appointed to, any office and conducting all elections by the people, and which shall have been created, or the salary or the apportioning the representation in the or emoluments of which shall have been increased, several counties or districts to the council and while he was a member, during the term for house of representatives, according to the num- which he was elected, and for one year after the ber of qualified voters, shall be prescribed by expiration of such term; but this restriction shall law, as well as the day of the commencement of not be applicable to members of the first legislathe regular sessions of the legislative assembly: tive assembly; and no person holding a commisProvided, That no session in any one year shåll sion or appointment under the United States, exexceed the term of forty days, except the first cept postmasters, shall be a member of the legissession, which may continue sixty days.

lative assembly, or sball hold any office under SEC. 5. That every free white male inhabitant the government of said territory. above the age of twenty-one years, who shall be SEC. 9. That the judicial power of said Territoan actual resident of said territory, and shall ry shall be vested in a supreme court, district possess the qualifications hereinafter prescribed, courts, probate courts, and in justices of the

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