33 decision of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus, involving the question of personal freedom; Provided, That nothing herein contained shall be construed to apply to or SEC. 12. And be it further enacted, That the govaffect the provisions of the "act respecting fugi-ernor, secretary, chief justice, and associate justives from justice, and persons escaping from the service of their masters," approved February twelfth, seventeen hundred and ninety-three, and the "act to amend and supplementary to the aforesaid act," approved September eighteenth, eighteen hundred and fifty; and each of the said district courts shall have and exercise the same jurisdic tion, in all cases arising 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 n 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 same as in other cases. The said clerk shall receive, in all such cases, the same fees which the clerks of the district courts of Utah Territory now receive for similar services. entitled to the same fees as the marshal of the district court of the United States for the present Territory of Utah; and shall, in addition, be paid two hundred dollars annually as a compensation for extra services. and, by and with the advice and consent of the tices, attorney and marshal, shall be nominated, Senate, appointed by the President of the United States. The governor and secretary to be ap pointed as aforesaid shall, before they act as such, the district judge, or some justice of the peace in respectively take an oath or affirmation before minister oaths and affirmations by the laws now the limits of said Territory duly authorized to adin force therein, or before the chief justice or the United States, to support the Constitution of some associate justice of the Supreme Court of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the said secretary among the executive proceedings; all other civil officers in said territory, before they and the chief justice and associate justices, and act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and trans SEC. 10. And be it further enacted, That the pro-mitted, by the person taking the same, to the secvisions of the act entitled "An act respecting fugitives from justice, and persons escaping from the service of their masters," approved February 12, 1793, and the provisions of the act entitled "An act to amend, and supplementary to, the aforesaid act," approved September 18, 1850, be and the same are hereby declared to extend to and be in full force within the limits of said Territory of Ne-chief justice and associate justices shall each braska. retary, 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 may be prescribed by law. The governor shall receive an annual salary of fifteen hundred dollars as governor, and fifteen hundred dollars as superintendent of Indian affairs. The receive an annual salary of two thousand dollars. SEC. 11. And be it further enacted, That there The secretary shall receive an annual salary of shall be appointed an attorney for said Territory, two thousand dollars. The said salaries shall be who shall continue in office for four years, and un- paid quarter-yearly, from the dates of the respectil his successor shall be appointed and qualified, tive appointments, at the treasury of the United unless sooner removed by the President, and who States; but no such payment shall be made until shall receive the same fees and salary as the at- said officers shall have entered upon the duties of torney of the United States for the present Terri- their respective appointments. The members of tory of Utah. There shall also be a marshal for the legislative assembly shall be entitled to receive the Territory appointed, who shall hold his office three dollars each per day, during their attendance for four years, and until his successor shall be ap- at the sessions thereof, and three dollars each for pointed and qualified, unless sooner removed by every twenty miles' travel in going to and returnthe President, and who shall execute all processes ing from the said sessions, estimated according to issuing from the said courts when exercising their the nearest usually travelled route, and an extra jurisdiction as circuit and district courts of the allowance shall be paid to the presiding officer of United States; he shall perform the duties, be sub- each for each day he shall so preside. And a ject to the same regulations and penalties, and be || chief clerk, one assistant clerk, a sergeant-at-arms, shall hold his seat only during the term of the 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 time, 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 all laws of the United States which are not locally inapplicable, 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 was superseded by the principles of the legislation of eighteen hundred and fifty, commonly called the compromise measures, and is hereby declared inoperative. and door-keeper, may be chosen for each house; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day, during the 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 sum of fifteen hundred dollars, 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 printing of the laws, and other incidental 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 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 appropriated for such objects. SEC. 15. And be it further enacted, That the sum of five thousand dollars be and the same is hereby appropriated, out of any moneys in the treasury not otherwise appropriated, to be expended by and under the direction of the said governor of the Territory of Nebraska in 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. SEC. 13. And be it further enacted, That the legislative assembly of the Territory of Nebraska shall hold its first session at such time and place in said SEC. 16. And be it further enacted, That when Territory as the governor thereof shall appoint || the lands in the said Territory shall be surveyed and direct; and at said first session, or as soon under the direction of the government of the Unithereafter as they shall deem expedient, the gov-ted States, preparatory to bringing the same into ernor and legislative assembly shall proceed to lo- || market, sections numbered sixteen and thirty-six cate and establish the seat of government for said in each township in said Territory shall be and Territory at such place as they may deem eligible; the same are hereby reserved for the purpose of which place, however, shall thereafter be subject being applied to schools in said Territory, and in to be changed by the said governor and legisla- the States and Territories hereafter to be erected tive assembly. And the sum of twenty thousand out of the same. dollars, out of any money in the treasury not otherwise appropriated, is hereby appropriated and granted to said Territory of Nebraska, to be there applied, by the governor, to the erection of suitable buildings at the seat of government. SEC. 14. And be it further enacted, That a delegate to the House of Representatives of the United States, to serve for the term 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 and convenient. of Representatives, but the delegate first elected SEC. 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 SEC. 18. And be it further enacted, That all | officers to be appointed by the President, by and for the purpose of extinguishing the title of said SEC. 19. And be it further enacted, That the President of the United States be, and he hereby is, authorized to enter into negotiation with the Indian tribes of the said Territory of Nebraska, for the purpose of securing the assent of said tribes to the settlement of the citizens of the United States upon the lands claimed by said Indians, and SEC. 20. And be it further enacted, That, so soon as the governor of said Territory of Nebraska shall enter upon the discharge of his duties as such, the superintendency of Indian affairs at St. Louis, in the State of Missouri, shall be abolished, and the duties shall be transferred to and performed by the said governor of Nebraska, so far as they relate to, or are to be performed within said Territory. The foregoing sections embrace that portion of the bill which relates to the proposed territory of Nebraska. The same number of sections follow which make precisely the same disposition of Kansas, the only variation being in the name and in that clause which defines the boundaries of the two territories. The limits assigned to Kansas are: "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 summit of the highlands dividing the waters flowing into the Colorado of the West or Green river, from the waters flowing into the great basin; 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." |