« ПредыдущаяПродолжить »
and of holding office shall be exercised only by citizens of the United States and those who shall have declared on oath their intention to become 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.
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 representatives shall, at its first session, consist of twenty-six 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 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- SEC. 6. That the legislative power of the terrisentatives, giving to each section of the terri-tory 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; but of the council and of the house of representa- no law shall 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 lands 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 bill 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, be presented to the governor of the and appoint; and the persons so appointed shall territory; if he approve, he shall sign it; but if receive a reasonable compensation therefor, not, he shall return it with his objections to the And the first election shall be held at such times house in which it originated, who shall enter the and places, and be conducted in such manner, objections at large on their journal, and proboth as to the persons who shall superintend ceed to reconsider it. If, after such reconsidersuch election and the returns thereof, as the ation, two-thirds of that house shall agree to pass governor shall appoint and direct; and he shall the bill, it shall be sent, together with the objecat the same time declare the number of mem-tions, to the other house, by which it shall likebers of the council and house of representatives wise be reconsidered, and if approved by twoto which each of the counties or districts shall thirds of that house, it shall become a law. But be entitled under this act. The persons having in all such cases the votes of both houses shall the highest number of legal votes in each of said be determined by yeas and nays, to be entered council districts for members of the council, shall on the journal of each house respectively. If be declared by the governor to be duly elected any bill 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 said house: Provided, That in case two or more persons voted for shall have an equal number of votes, SEC. 7. That all township, district, and county and in case a vacancy shall otherwise occur in officers, not herein otherwise provided for, shall either branch of the legislative assembly, the be appointed or elected, as the case may be, in governor shall order a new election; and the such manner as shall be provided by the govpersons thus elected to the legislative assembly ernor 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- gislative council, 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 first session of the legislative assembly; and qualified voters, shall be prescribed by law, as shall lay off the necessary districts for members well as the day of the commencement of the of the council and house of representatives, and regular sessions of the legislative assembly: all other officers. 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 inhabitant 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
unless the assembly, by adjournment, prevent its return, in which case it shall not be a law.
SEC. 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
commission or appointment under the United | three, and the "act to amend and supplement States, except postmasters, shall be a member ary to the aforesaid act," approved September of the legislative assembly, or shall hold any of- eighteen, eighteen hundred and fifty; and each fice under the government of said territory. of the said district courts shall have and exerSEC. 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 under the Constitution and laws of the United courts, probate courts, and in justices of the States as is vested in the circuit and district peace. The supreme court shall consist of a courts of the United States; and the said suchief justice and two associate justices, any two preme and district courts of the said territory, of whom shall constitute a quorum, and who and the respective judges thereof, shall and shall hold a term at the seat of government of may grant writs of habeas corpus in all cases in said territory annually, and they shall hold their which the same are granted by the judges of the offices during the period of four years, and until United States in the District of Columbia; and their successors shall be appointed and qualified. the first six days of every term of said courts, The said territory shall be divided into three ju- or so much thereof as shall be necessary, shall dicial districts, and a district court shall be held be appropriated to the trial of causes arising in each of said districts by one of the justices of under the said Constitution and laws, and writs the supreme court, at such times and places as of error and appeal in all such cases shall be!! may be prescribed by law; and the said judges made to the supreme court of said territory, the shall, after their appointments, respectively, re- same as in other cases. The said clerk shall reside in the district which shall be assigned them. ceive in all such cases the same fees which the The jurisdiction of the several courts herein pro- clerks of the district courts of Utah Territory vided for, both appellate and original, and that now receive for similar services. of the probate courts and of justices of the peace, SEC. 10. That the provisions of an act entitled shall be as limited by law: Provided, That jus-"An act respecting fugitives from justice, and tices of the peace shall not have jurisdiction of persons escaping from the service of their masany 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 common law jurisdiction. Each district same are hereby, declared to extend to and be court, or the judge thereof, shall appoint its in full force within the limits of said territory of clerk, who shall also be the register in chancery, Nebraska. and shall keep his office at the place where the SEC. 11. That there shall be appointed an atcourt may be held. Writs of error, bills of ex- torney for said territory, who shall continue in ception, and appeals, shall be allowed in all office for four years, and until his successor cases from the final decision of said district shall be appointed and qualified, unless sooner courts to the supreme court, under such regula- removed by the President, and who shall receive tions as may be prescribed by law; but in no the same fees and salary as the attorney of the case removed to the supreme court shall trial United States for the present territory of Utah. by jury be allowed in said court. The supreme There shall also be a marshal for the territory court, or the justices thereof, shall appoint its appointed, who shall hold his office for four own clerk, and every clerk shall hold his office years, and until his successor shall be appointed at the pleasure of the court for which he shall and qualified, unless sooner removed by the have been appointed. Writs of error, and ap-President, and who shall execute all processes peals from the final decision of said supreme 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 from 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 comness, shall exceed one thousand dollars; except pensation for extra services. only that in all cases involving title to slaves, the SEC. 12. That the governor, secretary, chief 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 aforepreme 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 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 fugitives from justice, and persons escaping from United States, and faithfully to discharge the the 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 proceedings; and the chief justice and tablish the seat of government for said territory 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 affirmation 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 Repmissioned and qualified, which said oath or af- resentatives of the United States, to serve for the firmation shall be certified and transmitted by term of two years, who shall be a citizen of the the person taking the same to the secretary, to United States, may be elected by the voters qualbe by him recorded as aforesaid; and after-ified to elect members of the legislative assembly, wards, the like oath or affirmation shall be who shall be entitled to the same rights and privtaken, certified, and recorded, in such manner ileges as are exercised and enjoyed by the deleand form as may be prescribed by law. The gates from the several other territories of the governor shall receive an annual salary of two United States to the said House of Representathousand 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 declared by the governor to be duly elected, The members of the legislative assembly shall be and a certificate thereof shall be given accordentitled 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 inapand three dollars each for every twenty miles' plicable, shall have the same force and effect travel in going to and returning from the said within the said territory of Nebraska as elsesessions, estimated according to the nearest usu- where within the United States, except the eighth ally travelled route; and an additional allow-section of the act preparatory to the admission of ance of three dollars shall be paid to the presid- Missouri into the Union, approved March sixth, ing officer of each house for each day he shall eighteen hundred and twenty, which, being inso preside. And a chief clerk, one assistant consistent 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 inopsession of the legislative assembly; but no other erative and void; it being the true intent and officers shall be paid by the United States: Pro- meaning of this act not to legislate slavery into vided, That there shall be but one session of the any territory or state, nor to exclude it therelegislature annually, unless, on an extraordi- from, but to leave the people thereof perfectly nary occasion, the governor shall think proper free to form and regulate their domestic instituto call the legislature together. There shall be tions in their own way, subject only to the Conappropriated, annually, the usual sum, to be ex-stitution of the United States: Provided, That pended 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, SEC. 15. That there shall hereafter be approto defray the expenses of the legislative assem-priated, as has been customary for the territorial bly, the printing of the laws, and other incident-governments, a sufficient amount, to be expendal expenses; and the governor and secretary of ed under the direction of the said governor of the territory shall, in the disbursement of all the territory of Nebraska, not exceeding the moneys intrusted to them, be governed solely by sums heretofore appropriated for similar objects, the instructions of the secretary of the treasury for the erection of suitable public buildings at of the United States, and shall, semi-annually, the seat of government, and for the purchase of account to the said secretary for the manner in a library, to be kept at the seat of government 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.
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.
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. 16. That when the lands in the said terriSEC. 13. That the legislative assembly of the tory shall be surveyed under the direction 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 States to make any regulation respecting such hereafter to be erected out of the same. 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
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 the seat of government for KANSAS at Fort Leav counties or subdivisions in each of said judicial enworth, provided for in section 31, the ensuing districts by proclamation, to be issued by him; sixteen sections, relative to the organization but the legislative assembly, at their first or any subsequent session, may organize, alter, or mod- and government of the territory, are precisely ify such judicial districts, and assign the judges, similar to the sections already recited, providing and alter the times and places of holding the for the government of Nebraska territory. The courts, as to them shall seem proper and con- final section of the act, which has a general reference to both territories, is as follows:]
treaties, laws, and other engagements made by SEC. 37. And be it further enacted, that all 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 observed, notwithstanding anything contained
SEO. 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, by virtue of the provisions of any law now existing, or which may be enacted during the present Congress, are required to give security for moneys that may be intrusted with them for disbursements, shall give such security, at such time and place, and in such manner as the sec-superintendencies of said Indians be continued retary of the treasury may prescribe.
prescribed by law, execpt that the President of with the same powers and duties which are now 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 classi
fication of the vote:
FROM THE FREE STATES.
NEW-YORK-Thomas W. Cumming, Francis B. Cutting, Peter Rowe, John J. Taylor, William M. Tweed, Hiram Walbridge, William A. Walker, Mike Walsh, Theo. R. Westbrook-9.
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.
SEC. 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 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 so construed as to im-A. Richardson-3. 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 said FROM THE SLAVE STATES. tribe, to be included within the territorial limits DELAWARE-George R. Riddle-1. or jurisdiction of any state or territory; but all MARYLAND-William T. Hamilton, Henry May, such territory shall be excepted out of the bound-Jacob Shower, Joshua Vansant-4. aries, and constitute no part of the territory of VIRGINIA-Thomas H. Bayly,Thomas S. Bocock, Kansas, until said tribe shall signify their assent John S. Caskie, Henry A. Edmundson, Charles to the President of the United States to be includ-J. Faulkner, William O. Goode, Zedekiah Kid
NEW-JERSEY-Samuel Lilly, George Vail-2. OHIO-David T. Disney, Frederick W. Green, Edson B. Olds, Wilson Shannon-4.
INDIANA-John G. Davis, Cyrus L. Dunham,
MICHIGAN-Samuel Clark, David Stuart-2.
well, John Letcher, Paulus Powell, William Smith, John F. Snodgrass-11.
NORTH CAROLINA-William S. Ashe, Burton Craige, Thomas L. Clingman, John Kerr, Thomas Ruffin, Henry M. Shaw-6.
SOUTH CAROLINA-William W. Boyce, Preston S. Brooks, James L. Orr-3.
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, John Perkins, Jr.-3.
KENTUCKY-John C. Breckenridge, James S. Chrisman, Leander M. Cox, Clement S. Hill, John M. Elliott, Benj. E. Grey, William Preston, Richard H. Stanton-8.
TENNESSEE-William M. Churchwell, George W. Jones, Charles Ready, Samuel A. Smith, Frederick P. Stanton, Felix K. Zollicoffer-6. MISSOURI-Alfred W. Lamb, James J. Lindley, John G. Miller, Merdecai Oliver, John S. Phelps-5.
ARKANSAS-A. B. Greenwood, Edwin A. Warren-2. FLORIDA-A. E. Maxwell-1.
TEXAS-Peter H. Bell, Geo. W. Smyth-2.
Total, Free and Slave States-113.
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 H. Walley, Tappan Wentworth-10. RHODE ISLAND-Thomas Davis, Benjamin B. Thurston-2.
CONNECTICUT-Nathan Belcher, James T. Pratt, Origen S. Seymour-3.
VERMONT-James Meacham, Alah Sabin, Andrew Tracy-8.
H. H. Johnson, William D. Lindsley, M. H. Nich-
ILLINOIS-James Knox, Jesse O. Norton, E. B.
VIRGINIA-John S. Millson-1.
NORTH CAROLINA-Richard C. Puryear, Sion
TENNESSEE-Robert M. Bugg, Wm. Cullom,
ABSENT, OR NOT VOTING-21.
N. ENGLAND STATES-W.Appleton of Mass.-1.
INDIANA-Eben. M. Chamberlain-1.
Total from Free States-9.
GEORGIA-Wm. B.W. Dent,James L. Seward-2.
MISSISSIPPI-Wiley P. Harris-1.
Total from Slave States-12.
The bill having been amended in the House so Senate and ordered to a third reading by the as to allow Aliens to vote, was sent back to the
NEW-YORK-Henry Bennett, Davis Carpen-following vote: ter, Gilbert Dean, Caleb Lyon, Reuben E. Fen- YEAS-Atchison (Mo.), Badger (N. C.), Benjaton, Thomas T. Flagler, George Hastings, Solo- min (La.), Broadhead (Pa.), Brown (Mi.), Butler mon G. Haven, Charles Hughes, Daniel T. Jones, (S. C.), Cass (Mich.), Clay (Ala.), Dawson (Ga.), Orsamus B. Matteson, Edwin B. Morgan, Douglas (Ill.), Fitzpatrick (Ala.), Gwin (Cal.), William Murray, Andrew Oliver, Jared V. Peck, Hunter (Va.), Johnson (Ark.), Jones (Iowa), Rufus W. Peckham, Bishop Perkins, Benjamin Jones (Tenn.), Mallory (Fa.), Mason (Va.), MorPringle, Russell Sage, George A. Simmons, GERRIT SMITH, John Wheeler-22. NEW-JERSEY-Alex. C. M. Pennington, Charles Skelton, Nathan T. Stratton-3.
PENNSYLVANIA-Joseph R. Chandler, Carlton B. Curtis, John Dick, Augustus Drum, William Everhart, James Gamble, Galusha A. Grow, Isaac E. Hiester, Thomas M. Howe, John McCulloch, Ner Middleswarth, David Ritchie, Samuel L. Russell, Michael C. Trout-14.
ton (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.H.), Wright (N. J.)-35.
NAYS-Allen (R. I.), Bell (Tenn.), CHASE (Ohio), Clayton (Del.), Fish (N. Y.), Foote (Vt.), GILLETTE (Ct.), Hamlin (Me.), James (R. I.), Seward (Wis.)-13. (N. Y.), SUMNER (Mass.), Wade (Ohio), Walker
OHIO-Edward Ball, Lewis D. Campbell, Alfred P. Edgerton, Andrew Ellison, JOSHUA R. Democrats in Roman; Whigs in Italics; Free GIDDINGS, Aaron Harlan, John Scott Harrison, Democrats in SMALL CAPS.