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LAWS, JOINT RESOLUTIONS,

AND MEMORIALS,

PASSED AT THE

SECOND SESSION OF THE LEGISLATIVE ASSEMBLY.

THE

Judge Have all

TERRITORY OF NEBRASKA,

BEGUN AND HELD AT OMAHA CITY, N. T.,

DECEMBER 16th, A. D. 1855;

PER WITH

The Constitutions. Caird States

AND THE ORGAS LAWS.

PRINTED AND PUBLISHED BY AUTHORITY.

OMAHA CITY, N. T.

HADLEY D. JOHNSON, PUBLIC PRINTER FOR THE TERRITORY.

1856

L13095

CERTIFICATES.

OMALLA CITY, N. T., MAY 3d, 1856.

I hereby certify that I ha, this day, deliverd to HADLEY D. JOHNSON, Tertorial Printer, correct copies of all the Laws passed by the Legislative As›embly of Nebraska Territory, at its Second Session, begun and held at Omaha City, December 16th, 1855.

T. B. CUMING, Secretary of Nebraska Territory.

I hereby certify that the following are and correct copies of the Laws assed by the Legislative Assembly of Nebraska Territory, at its Second Sesion, begun and held at Oma City, December 16th, 1855, as delivered to me by T. B. CUMING, Secretary of Nebraska Territory

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CONSTITUTION

OF THE

UNITED STATES.

WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

ARTICLE I.

SECTION 1.

1. All legislative powers herein granted, shall be vested in a Legislative Congress of the United States, which shall consist of a Senate and power. House of Representatives.

SECTION 2.

qualifications of

1. The House of Representatives shall be composed of mem- House of Repre. bers chosen every second year, by the people of the several sentatives and states; and the electors in each state shall have the qualifications electors, requisite for electors of the most numerous branch of the state legislature.

sentatives.

2. No person shall be a representative, who shall not have at- and of Repretained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned among Apportionment the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not

of Representatives.

Enumeration.

Ratio of sentation.

repre

taxed, three-fifths of all other persons.

The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each State shall have at least one representative; and until such enumeration shall be made, the state of New Hampshire shall be entitled to choose three; Massachusetts eight; First apportion Rhode Island and Providence Plantations, one; Connecticut, five; New York, six; New Jersey, four, Pennsylvania, eight; Delaware, one; Maryland, six; Virginia, ten; North Carolina, five; South Carolina, five; and Geogia, three.

ment.

Vacancies.

Speaker of the
House.

The Senate

each Senator a vote.

Senators classed.

A third of the

very 2 years.

4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies.

5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment.

SECTION 3.

1. The Senate of the United States shall be composed of two senators from each State, chosen by the Legislature thereof, for six years; and each senator shall have one vote.

2. Immediately after they shall be assembled, in consequence of the first election, they shall be divided, as equally as may be, nito three classes. The seats of the senators of the first class shall seats vacated be vacated at the expiration of the second year, of the second. class, at the expiration of the fourth year, and the third class, at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation or otherwise, during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.

Vacancies.

Qualification of
Senators.

President of the
Senate.

Officers.

Impeachments.

And extent of judgment in

cases.

3. No person shall be a senator, who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.

4. The vice-president of the United States shall be president of the Senate but shall have no vote, unless they be equally divided.

5. The Senate shall choose their other officers, and also a president, pro tempore, in the absence of the vice-president, or when he shall exercise the office of president of the United States.

6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present.

7. Judgment, in cases of impeachment, shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust or profit, under the United States: Party liable ac- but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment, according to law.

cording to law.

SECTION 4.

1. The times, places, and manner of holding elections for sena- Elections, how tors and representatives, shall be prescribed in each State, by the regulated, Legislature thereof; but the Congress may at any time, by law,

make or alter such regulations, except as to the places of choosing

senators.

2. The Congress shall assemble at least once in every year, and Meetings of such meeting shall be on the first Monday in December, unless Congress. they shall by law appoint a different day.

SECTION 5.

election of its members.

1. Each house shall be the judge of the election, returns and To judge of the qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may Quorum. adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide.

2. Each house may determine the rules of its proceedings, pun- Rules. ish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.

3. Each house shall keep a journal of its proceedings, and from Journals. time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal.

4. Neither house, during the session of Congress, shall, without Adjournmert. the consent of the other, adjourn for more than three days, nor to other place than that in which the two houses shall be sitting.

SECTION 6.

1. The senators and representatives shall receive a compensa- Compensation. tion for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except

treason, felony and breach of the peace, be privileged from ar- Privilege. rest, during their attendance at the session of their respective houses, and in going to or returning from the same; and for any. speech or debate in either house, they shall not be questioned in any other place.

ces.

2. No senator or representative shall, during the time for which Concerning the he was elected, be appointed to any civil office under the authori-holding of of... ty of the United States, which shall have been created, or the emoluments whereof shall have been increased, during such time; and no person holding any office under the United States, shall be a member of either house, during his continuance in office.

SECTION 7.

1. All bills for raising revenue shall originate in the House of Revenue billa Representatives; but the Senate may propose or concur with amendments as on other bills.

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