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SOUTH CAROLINA-Wm. Aiken, Lawrence M. Keitt, John McQueen-3.
GEORGIA-Wm. B. W. Dent, James L. Seward
MISSISSIPPI-Wiley P. Harris-1.
Territory of the United States included within the following limits, except such portions thereof us 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
KENTUCKY-Linn Boyd, (Speaker,) Presley said parallel to the east boundary of the Territory
Total from Slave States--12.
of Utah on the summit of the Rocky Mountains; thence on said summit northward to the fortyninth 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 begin
Whigs in Italics. Abolitionists in SMALL CAPITALS.ning, be, and the same is hereby created into a
Democrats in Roman.
May 23d.--The bill being thus sent to the Serate (not as a Senate but as a House bill), was sent at once to the Committee of the Whole, and there briefly considered.
May 24th.-Mr. Pearce of Md. moved to strike out the clause in sec. 5 which extends the right of suffrage to
"those who shall have declared on oath their intention to become such, [citizens] and shall have taken an oath to support the Constitution of the United States, and the provisions of this
temporary government by the name of the Territory of Nebraska; and when admitted as a State same, shall be received into the Union with or or States, the said Territory, or any portion of the without Slavery, as their constitution may prescribe at the time of their admission: Provided, That nothing in this act contained shall be conStates from dividing said Territory into two or strued to inhibit the government of the United 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 reThomp-ted States and such Indians, or to include any main unextinguished by treaty between the UniTerritory 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 regulations 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.
Negatived-Yeas; Bayard, Bell, Brodhead, Brown, Clayton, Pearce, and son of Ky Nays 41.
The bill was then ordered to be engrossed for a third reading-Yeas 35; Nays 13, as follows:
Messrs. Atchison, Mo.
Wright, N. J.-35.
SEC. 2. 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 offenses against the laws of said Territory, and reprieves for offenses 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.
SEC. 3. 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 ed, and all the acts and proceedings of the governof the legislative assembly hereinafter constitutor in his executive department; he shall transmit one copy of the laws and journals of the legislative assembly, within thirty days after the end of each session, and one copy of the execu tive proceedings and official correspondence semi-annually on the first days 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.
SEC. 4. 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. Tho 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 representatives, giving to each section of the territory representation in the ratio of its qualified voters as nearly as may be. And the members of the council and of the house of representatives shall reside in, and be inhabitants of, the district or county, or counties, for which they may be elected, respectively. Previous to the first election, the governor shall cause a census, or enumeration of the inhabitants and qualified voters of the several counties and districts of the territory, to be taken by such persons and in such mode as the governor shall designate and appoint; and the persons so appointed shall receive a reasonable compensation therefor. And the first election shall be held at such times, 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 members 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 to the council; and the persons having the highest number of legal votes for the house of representatives, shall be declared by the governor 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, and in case a vacancy shall otherwise occur in either branch of the legislative assembly, the governor shall order a new election; and the persons thus elected to the legislative assembly shall meet at such place and on such day as the governor shall appoint; but thereafter, the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of 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 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 territory; but the qualifications of voters, and of holding office, at all subsequent elections, shall be such as shall be prescribed by the legislative assembly: Provided, That the right of suffrage 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.
SEC. 6. That the legislative power of the territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. Every bill which shall have passed the council and house of representatives of the said territory, shall, before it become a law, be presented to the governor of the territory; if he approve, he shall sign it; but if not, he shall return it with his objections, to the house 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 two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house respectively. If any bill shall not be returned by the governor, within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, 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 manner as shall be provided by the governor and legislative assembly of the Territory of Nebraska. The governor shall nominate, and, by and with the advice and consent of the legislative council, appoint all officers not herein otherwise provided for; and in the first instance the governor alone may appoint all said officers, who shall hold their offices until the end of the 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.
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 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 States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of said territory.
SEC. 9. That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and in justices of the
peal 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.
SEC. 10. That the provisions of an act entitled "An act respecting fugitives from justice, and persons escaping from the service of their mas ters," approved February twelve, seventeen hundred and ninety-three, and the provisions of the act entitled "An act to amend, and supplementary to, the aforesaid act," approved September eighteen, eighteen hundred and fifty, be, and the same are hereby, declared to extend to, and be in full force within, the limits of said Territory of Nebraska.
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 their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be 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.
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 any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction. Each district court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals shall be allowed in all cases from the final decision of said district courts to the supreme court, under such regulations 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 SEC. 12. That the governor, secretary, chief of said supreme court, shall be allowed, and may justice, and associate justices, attorney and marbe taken to the supreme court of the United shal, shall be nominated, and, by and with the States, in the same manner and under the same re- advice and consent of the Senate, appointed by gulations as from the circuit courts of the United the President of the United States. The governStates, where the value of the property, or the or and secretary to be appointed as aforesaid, amount in controversy, to be ascertained by the shall, before they act as such, respectively take oath or affirmation of either party, or other com- an oath or affirmation by the laws now in force petent witness, shall exceed one thousand dol- therein, or before the chief justice or some assolars; except only that in all cases involving title ciate justice of the Supreme Court of the United to slaves, the said writs of error or appeals shall States, to support the Constitution of the United be allowed and decided by the said supreme States, and faithfully to discharge the duties of court, without regard to the value of the matter, their respective offices, which said oaths, when property, or title in controversy; and except also so taken, shall be certified by the person by that a writ of error or appeal shall also be allowed whom the same shall have been taken; and such to the supreme court of the United States, from certificates shall be received and recorded by the the decisions of the said supreme court created said secretary among the executive proceedings: by this act, or of any judge thereof, or of the dis- and the chief justice and associate justices, and trict courts created by this act, or of any judge all other civil officers in said Territory, before thereof, upon any writ of habeas corpus, involv- they act as such, shall take a like oath or affirming the question of personal freedom; Provided, ation before the said governor or secretary, or That nothing herein contained shall be construed some judge or justice of the peace of the territory to apply to or affect the provisions of the "act who may be duly commissioned and qualified,' respecting fugitives from justice, and persons es- which said oath or affirmation shall be certified caping from the service of their masters," ap- and transmitted by the person taking the same to proved February twelfth, seventeen hundred and the secretary, to be by him recorded as aforeninety-three, and the "act to amend and supple- said; and afterwards the like oath or affirmamentary to the aforesaid act," approved Septem- tion shall be taken, certified, and recorded, in ber eighteenth, eighteen hundred and fifty; and such manner and form as may be prescribed by each of the said district courts shall have and ex- law. The governor shall receive an annual salaercise the same jurisdiction in all cases arising ry of two thousand five hundred dollars. The under the Constitution and laws of the United chief justice and associate justices shall receive States, as is vested in the circuit and district an annual salary of two thousand dollars. The courts of the United States; and the said supreme secretary shall receive an annual salary of and district courts of the said Territory, and the two thousand dollars. The said salaries shall respective judges thereof, shall and may grant be paid quarter-yearly, from the dates of the rewrits of habeas corpus in all cases in which the spective appointments, at the Treasury of the same are granted by the judges of the United United States; but no such payment shall be States in the District of Columbia; and the first made until said officers shall have entered upon six days of every term of said courts, or so much the duties of their respective appointments. The thereof as shall be necessary, shall be appropriat- members of the legislative assembly shall be ed to the trial of causes arising under the said entitled to receive three dollars each per day duConstitution and laws, and writs of error and ap-ring their attendance at the sessions thereof, and
| een hundred and fifty, commonly called the Com promise Measures, is hereby declared inoperative 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 of March, eighteen hundred and twenty, either protecting, establishing, prohibiting or abolishing, Slavery.
SEC. 15. That there shall hereafter be appropriated, as has been customary for the territorial governments, a sufficient amount, to be expended under the direction of the said governor of the Territory of Nebraska, not exceeding the sums heretofore appropriated for similar objects, for the erection of suitable public buildings at 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,
three dollars each for every twenty miles' travel in going to, and returning from, the said sessions, estimated according to the nearest usually-traveled route; and an additional allowance 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 clerk, a sergeant-atarms, 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 officer 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 legis-judges of the supreme court, secretary, marshal, lative 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, semiannually, 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.
SEC. 13. That the legislative assembly of the Territory of Nebraska shall hold its first session at such time and place in said Territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly.
SEC. 14. 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 aud privileges as are exercised and enjoyed by the delegates from the several other territories of the United States to the said House of Representatives; but the delegate first elected 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 times, 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 the 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 being inconsistent with the principle of non-intervention by Congress with Slavery in the States and Territories, as recognized by the legislation of eight
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 territory shall be surveyed under the direction of the government of the United States, preparatory to bringing same into market, sections numbered sixteen and thirty-six, in each township in said territory, shall be, and the same are hereby, reserved for the purpose of being applied to schools in said teritory, 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 modify 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, 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 Secretary of the Treasury may prescribe.
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 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 Kansas, until said tribe shall signify their assent to the President of the United States to be included within the said Territory of Kansas, 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 been competent to the Government to make if this act had never passed.
[The next seventeen sections substantially repeat the foregoing, save that their provisions apply to Kansas instead of Nebraska. The final section refers to both Territories, as follows:]
SEC. 37. And be it further enacted, that all treaties, laws, and other engagements made by the Government of the United States with the Indian tribes inhabiting the territories embraced within this act, shall be faithfully and rigidly observed, notwithstanding anything contained 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, except that the President of the United States may, at his discretion, change the location of the office of superintendent.
No action of any moment with regard to Slavery in the Territories was taken in either House at the Second (short) Session of this, Congress.
The struggle respecting Slavery in Kansas which followed the organization of that Territory, under the Provisions of the act just recited, is yet too recent and incomplete to justify an attempt to write its history. All that can be prudently done as yet, is to collect and arrange the most important documents in which its incidents are detailed, and its principles discussed, and this we now proceed to do, without attempt ing to reconcile the gloomy discrepancies between the statements submitted on the one side and on the other, respectively. Though it will not be possible in this course to avoid repeated statements of the same fact, and an occasional devotion of undue space to a point undeserving of such
elaborate treatment, yet, the measurable authenticity of statement, thus secured, and the light cast on the general theme by the conflicting views thus presented, serve to give this the preference over any other mode of narrating so nearly cotemporaneous with their chronicle as these. We proceed, then, with our record, which must hence forth consist mainly of public documents, submitted to the current Congress, connect ed by the merest thread of narrative.
Dec. 3rd, 1855.-The XXXIVth Congress convened at the Capital, in Washington,-Jesse D. Bright of Ind. holding over as President pro tempore of the Senate, in place of Vice-President William R. King of Alabama, deceased. A quorum of either House was found to be present.
But the House found itself unable to organize by the choice of a Speaker, until after an unprecedented struggle of nine weeks' duration. Finally, on Saturday, Feb. 20th, 1856, the plurality-rule was adopted-Yeas 113; Nays 104-and the House proceeded under it to its one hundred and thirty-third ballot for speaker, when Nathaniel P. Banks, Jr., (anti-Nebraska) of Massachusets, was chosen, having 103 votes to 100, for William Aiken of South Carolina. Eleven votes scattered on other persons did not count against a choice. It was therefore resolved-Yeas 155; Nays 40-that Mr. Banks was duly elected Speaker,
But, during the pendency of this election, the President had transmitted to both Houses, first (Dec. 31st) his Annual Message, and next (Jan. 24th) a special message with regard to the condition of Kansas, which is as follows:
MESSAGE OF THE PRESIDENT.
WASHINGTON, Jan. 24, 1856. To the Senate and House of Representatives :
Circumstances have occurred to disturb the course of governmental organization in the Territory of Kansas, and produce there a condition of things which renders it incumbent on me to call your attention to the subject, and urgently recommend the adoption by you of such measures of legislation as the grave exigencies of the case appear to require.
A brief exposition of the circumstances referred to, and of their causes, will be necessary to the full understanding of the recommendations which it is proposed to submit.
The act to organize the Territories of Nebraska and Kansas was a manifestation of the legis lative opinion of Congress on two great points of constitutional construction: One that the designation of the boundaries of a new Territory, and provision for its political organization and which of right fall within the powers of the Geneadministration as a Territory, are measures ral Government; and the other, that the inhabitants of any such Territory, considered as an inchoate State, are entitled, in the exercise of self-government, to determine for themselves what shall be their own domestic institutions, subject only to the Constitution and the laws duly enacted by Congress under it, and to the power of the existing States to decide, according to the