AN ACT TO ORGANIZE THE TERRITORIES OF NEBRASKA AND KANSAS. ritory of Nebras state or states Be it enacted by the Senate and House of Representatives Temporary goof the United States of America in Congress assembled, That vernment for terall that part of the territory of the United States included ka established. 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 Missouri Boundaries. 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 forty-ninth 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 beginning, be, and the same is, hereby created into a temporary Admitted as a government by the name of the Territory of Nebraska; and with or without when admitted as a state or states, the said territory, or any slavery Power portion of the same, shall be received into the Union with territory, or to or without slavery, as their constitution may prescribe at of it to a state attach portion the time of their admission: Provided, That nothing in this or territory, react contained shall be construed to inhibit the government of the United States from dividing said territory into two Proviso. 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 Rights of Indians act contained shall be construed to impair the rights of per- not impaired. in said territory son 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 to divide said served. United States re tam their preover said Indi sent authority ans. The executive a governor, his powers, duties 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. § 2. And be it further enacted, That the executive power power vested in and authority, in and over said Territory of Nebraska, shall term of office, be vested in a governor, who shall hold his office for four and emoluments 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. Secretary, his powers and duties. § 3. And be it further enacted, That there shall be a secretary of the 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 In case of death, speaker of the house of representatives, to be deposited in moval or ab- the libraries of congress; and in case of the death, removal, sence of govern, resignation, or absence of the governor from the territory, to act as govern- 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. resignation, re or, the secretary or. Legislative power-how vested. §4. And be it further enacted, That the legislative power Legislative as- and authority of said territory shall be vested in the governsembly to con- or and a legislative assembly. The legislative assembly and house of re- shall consist of a council and house of representatives. The sist of a council presentatives. Number of councillors and repre representatives tlon. election shall be council shall consist of thirteen members, having the qualifications of voters, as hereinafter prescribed, whose term of sentatives. service shall continue two years. The house of representatives shall, at the 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 Number of increased by the legislative assembly, from time to time, in councillors and proportion to the increase of qualified voters: Provided, limited. That the whole number shall never exceed thirty-nine. An Apportionment apportionment shall be made, as nearly equal as practica- of representable, 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 Census to be the first election, the governor shall cause a census, or taken, when and how. 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 modes as the governor shall designate and appoint; and the person so appointed shall receive a reasonable compensation therefor. And the first How the first election shall be held at such time and places, and be con- conducted, and ducted in such a manner, both as to the persons who shall who declared 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 hav ing 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, Proviso in case in case two or more persons voted for shall have an equal choice. 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 Subsequent elecall elections by the people, and the apportioning the repre- termined by the sentation in the several counties or districts to the council assembly. 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 elected. of vacancy or no tions to be de Proviso as to terms of sessions of legislative assembly. voters. Proviso. 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. Qualifications of § 5. And be it further enacted, 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 enti tled 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 proFurther proviso. visions 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. Who have the right of suffrage and of holding office. Legislative power of the territory defined. § 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 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 Governor's veto. 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 house notwith- 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. Bills may be passed by two thirds of each standing. Bill to become a law unless returned within three days. district and are to be ap pointed. §7. And be it further enacted, That all township, dis- How township, trict, and county officers, not herein otherwise provided for, county officers 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. of his election or thereafter; offi § 8. And be it further enacted, That no member of the No member of legislative assembly shall hold or be appointed to, any office hold certain of legislature shall which shall have been created, or the salary or emoluments fices during term of which shall have been increased, while he was a member, for one year during the term for which he was elected, and for one year cers of U. s. exafter the expiration of such term; but this restriction shall cept postmasters not be applicable to members of the first legislative assem- bers of the asbly; and no person holding a commission or appointment sembly. under the United States, except postmasters, shall be a member of the legislative assembly, or hold any office under the government of said territory. not to be mem power--in whom to be exercised. districts formod. § 9. And be it further enacted, That the judicial power The judicial of said territory shall be vested in a supreme court, district vested and how 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 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 Three judicial 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 shall be prescribed by law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts Jurisdiction of herein provided for, both appellate and original, and that of justices of the the probate courts and of justices of the peace, shall be as peace. limited by law: Provided, That the justices of the peace shall Proviso. 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, possess chancery as well as common law jurisdiction. district court, or the judge thereof shall appoint its who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs Writs of error, of error, bills of exception, and appeals, shall be allowed in &c., allowed. courts and of shall Each Each district clerk, clerk. court appoint its |