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1

AN ACT

TO ORGANIZE THE TERRITORIES OF

NEBRASKA AND KANSAS.

ernment for ter

Be it enacted by the Senate and House of Representatives of the Temporary gov United States of America in Congress assembled, That all that ritory of Nebras part of the territory of the United States included within the ka established. following limits, except such portious thereof as are herein

Admitted as a

slavery. Power

after expressly exempted from the operations of this act, to wit: beginning at a point on the Missouri river, where the Boundaries. 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 state or states is, hereby created into a temporary government, by the name with or without of the Territory of Nebraska; and when admitted as a state to divide said or states, the said territory, or any portion of the same, territory, or to attach portion shall be received into the Union with or without slavery, as of it to a state their constitution may prescribe at the time of their admis- or territory, resion: Provided, That nothing in this act contained shall be Proviso. construed to inhibit the government of the United States from dividing said territory into two or more territories, in snch 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 Rights of Indians shall be construed to impair the rights of person or property not impaired. 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;

served.

in said territory

ent authority

but all such territory shall be excepted out of the boundaries, and constitute no part of the Territory of Nebraska, United States re- until said tribe shall signify their assent to the president tain their pres- of the United States to be included within the said Territory over said Indi- 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.

ans.

The executive

power vested in

a governor, his

powers, duties

§ 2. And be it further enacted, That the executive power 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 du

ties.

§ 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 speaker of the house of representIn case of death, atives, to be deposited in the libraries of congress; and in resignation, re- case of the death, removal, resignation or absence of the sence of govern- governor from the territory, the secretary shall be, and he or, the secretary 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.

moval or ab

to act as govern

or.

Legislative pow

Legislative as.

sembly to con

$4. And be it further enacted, That the legislative power er-how vested. 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

sist of a council and house of representatives.

cillors and repre

representatives

of representa

taken, when and how.

election shall be

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 mem- Number of counbers of the council, and whose term of service shall con- sentatives. tinue one year. The number of representatives may be Number of increased by the legislative assembly, from time to time, councillors and in 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- tion. ble, 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 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 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 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: Pro- Proviso in case vided, 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 hold- Subsequent elecing and conducting all elections by the people, and the tions to be deapportioning the representation in the several counties or assembly. 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

elected.

of vacancy or no choice.

termined by the

of legislative

of the regular sessions of the legislative assembly: Pro- Proviso as to vided, That no session in any one year shall exceed the term terms of sessions of forty days, except the first session, which may continue assembly. sixty days.

voters.

Proviso.

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 entitled to vote at the first election, and shall be cligible 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 right of suffrage States, and those who shall have declared on oath their and of holding 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

office.

Legislative powtory defined.

§ 6. And be it further enacted, That the legislative power er of the terri- 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 Governor's veto. 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 reconpassed by two sideration, two-thirds of that house shall agree to pass the house notwith-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 jourBills to become nal of each house respectively. If any bill shall not be a law unless re- 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

thirds of each

standing.

turned within three days.

How township, district and county officers are to be appointed.

§ 7. And be it further enacted, 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

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