When citizen

feited.

of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But, in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from twothirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.

2. The person having the greatest number of votes as VicePresident, shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum, for that purpose, shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary

to a choice.

3. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice-President of the United States.

ARTICLE XIII.

If any citizen of the United States shall accept, claim, receive, ship shall be for- or retain any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.

ORGANIC LAW.

2

AN ACT

TO ORGANIZE THE TERRITORIES OF

NEBRASKA AND KANSAS.

Temporary govritory of Nebraska established.

ernment for ter

Boundaries.

Admitted as a

State or States

with or without slavery. Power

to divide said attach portion of to a State or served.

Territory, or to

it

Territory, re

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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 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 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 government by the name of the Territory of Nebraska; 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 Proviso. 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 construed 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 Nebraska, until said tribe shall signify their assent to the President of 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,

Rights of In

dians in said ter

ritory not impai ed.

United States

retain their present authority over said In

dians.

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.

SEC. 2. And be it further enacted, 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 Govenor 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.

SEC. 3. And be it further enacted, 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 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 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.

Legislative power-how ves

ted. Legislative. Assembly to

Consist of a coun

cil and House of Representatives

Number of

SEC. 4. And be it further enacted, 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 prescribrided, whose term of 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. portionment 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. sentation. And the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, the district or county

An ap

councillors and representatives.

Number of councillors and

representatives limited.

Apportionment of repre

Census to be

taken when and how.

How the first

election shall be conducted, and

who declared elected.

Proviso in

case of vacancy or no choice.

Subsequent elections to be determined by the Assembly.

Proviso as to terms of sessions of Legislative Assembly.

Qualifications of voters.

Proviso.

Who have the right of suffrage and of holding office.

Further pro

viso.

Legislative power of the Territory defined.

or

ap

or counties for which they may be elected, respectively. Previ-
ous to the first election, the Governor shall cause a census,
enumeration of the inhabitants and qualified voters of the several
counties and districts of the Territory, to be taken by such per-
sons and in such mode as the Governor shall designate and
point; and the person so appointed shall receive a resonable com-
pensation therefor. And the first election shall be held at such
time 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 dis-
tricts 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 sesssions 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. And be it further enacted, That every free white male
inhabitant above the age of twenty-one years, who shall be an ac-
tual 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 per-
son 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. 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