TERRITORY OF NEBRASKA.

Act of May 30, 1854; 10 Stats., 277.

TERRITORY OF KANSAS.

Act of May 30, 1854; 10 Stats., 277, 283.

government for

braska estab

Boundary.

with or without

to divide said

of it to a State

CHAP. LIX.-An Act to Organize the Territories of Nebraska and Kansas. May 30, 1854. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Temporary all that part of the territory of the United States included Territory of Newithin the following limits, except such portions thereof lished. as are hereinafter expressly exempted from the operations of this act, to wit: beginning at a point in the Missouri River where the fortieth parallel of north latitude crosses the same; thence west on said parallel to the east boundary of the Territory of Utah, on the summit of the Rocky Mountains; thence on said summit northward to the fortyninth parallel of north latitude; thence east on said parallel Admitted as a to the western boundary of the territory of Minnesota; State or States thence southward on said boundary to the Missouri River; slavery. Power thence down the main channel of said river to the place Territory, or to of beginning, be, and the same is hereby, created into a attach portion temporary government by the name of the Territory of or Territory, reNebraska; and when admitted as a State or States, the said served. 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, Proviso. 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 con- Rights of Inditained shall be construed to impair the rights of person or ritory not improperty 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

ans in said Ter

paired.

retain their pres

over said Indi

ans.

United States Territory; but all such territory shall be excepted out of ent authority 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.

The executive

power vested in

powers, duties,

and

ments.

SEC. 2. And be it further enacted, That the executive a governor, his power and authority in and over said Territory of Nebraska term of office, shall be vested in a Governor, who shall hold his office for emolu-four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the Ünited States. The Governor shall reside within said Territory, and shall be commander-in-chief of the militia thereof. He may grant pardons and respites for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said Territory, and shall take care that the laws be faithfully executed.

Secretary-his

ties.

SEC. 3. And be it further enacted, That there shall be a powers and du-Secretary of said Territory, who shall reside therein, and hold his office for five years, unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the Legislative Assembly hereinafter constituted, and all the acts and proceedings of the Governor in his executive department; he shall transmit one copy of the laws and journals of the Legislative Assembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence semi-annually, on the first 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 In case of deposited in the libraries of Congress; and in case of the tion, removal or death, removal, resignation, or absence of the Governor absence of gov- from the Territory, the Secretary shall be, and he is hereby, tary to act as 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.

death, resigna

ernor, the secre

governor.

power-how

Legislative SEC. 4. And be it further enacted, That the legislative vested. Legisla- power and authority of said Territory shall be vested in tive Assembly to the Governor and a Legislative Assembly. The Legislacil and House of tive Assembly shall consist of a Council and House of Representatives. Representatives. The Council shall consist of thirteen

consist of a Coun

members, having the qualifications of voters, as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall, at its first ses

councillors and

councillors and

of representa

taken: when

conducted, and

elected.

sion, consist of twenty-six members, possessing the same Number of qualifications as prescribed for members of the Council, representatives. 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 of number shall never exceed thirty-nine. An apportion- representatives ment shall be made, as nearly equal as practicable, among limited. the several counties or districts, for the election of the council and representatives, giving to each section of the Apportionment Territory representation in the ratio of its qualified voters tion. 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 Census to be election, the Governor shall cause a census, or enumera- and how. tion 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 How the first shall be held at such time and places, and be conducted in election shall be such manner, both as to the persons who shall superintend who declared 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 Proviso: in 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, Subsequent place, and manner of holding and conducting all elections determined by 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 Proviso, as to Assembly: Provided, That no session in any one year shall terms of sessions exceed the term of forty days, except the first session, sembly. which may continue sixty days.

case of vacancy or no choice.

the Assembly.

of Legislative As

of voters.

SEC. 5. And be it further enacted, That every free white Qualifications 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

Proviso.

and of holding office.

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 Who have the Assembly: Provided, That the right of suffrage and of right of suffrage 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 Further pro-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.

viso.

Legislative power of the Territory defined.

veto.

SEC. 6. And be it further enacted, 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 nonresidents 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, Governor's he shail 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 Bill may be reconsideration, two thirds of that house shall agree to third by two pass the bill, it shall be sent, together with the objections, notwith- 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 Bill to become on the journal of each house respectively. If any bill shall turned by gover- 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, prevents its return, in which case it shall not be a law.

passed

house

standing.

a law unless re

nor within three days.

district and

How township, SEC. 7. And be it further enacted, That all township, county officers district, and county officers, not herein otherwise provided are to be ap- for, shall be appointed or elected, as the case may be, in

pointed.

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.

govern

after.

United States,

ters, not to be

power-in whom

to be exercised.

districts formed.

courts and of

SEC. 8. And be it further enacted, That no member of, No member of Legislature shall the Legislative Assembly shall hold, or be appointed to, hold certain of office which shall have been created, or the salary or of his election or fices during term any emoluments of which shall have been increased, while he for one year 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 officers of first Legislative Assembly; and no person holding a com- except postmasmission or appointment under the United States, except members of the Postmasters, shall be a member of the Legislative Assembly, Assembly. or hold any office under the government of said Territory. SEC. 9. And be it further enacted, That the judicial, The judicial power of said Territory shall be vested in a Supreme Court, vested, and how District Courts, Probate Courts, and in Justices of the 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 ment of said Territory annually, and they shall hold their offices during the period of four years, and until their successor shall be appointed and qualified. The said Territory shall be divided into three judicial districts, and a Three judicial 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 districts which shall be assigned them. The jurisdiction Jurisdiction of of the several courts herein provided for, both appellate justices of the and original, and that of the probate courts and of justices peace. of the peace, shall be as limited by law: Provided, That Proviso. 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 districts 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 Each district register in chancery, and shall keep his office at the place clerk. where the court may be held. Writs of error, bills of exception, and appeals, shall be allowed in all cases from the &c., allowed. final decisions 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 appoint its own shall hold his office at the pleasure of the court for which clerk. he shall have been appointed. Writs of error, and appeals Writs of error from the final decisions of said Supreme Court, shall be supreme Court allowed, and may be taken to the Supreme Court of the when taken to United States, in the same manner and under the same of United States. regulations as from the circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one. thousand dollars; except only that in all cases involving Exceptions.

court appoint its

Writs of error,

Supreme court

and appeals from

Supreme Court