Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the Legislative Assembly, the printing of the laws, and other incidental expenses; and the Governor and Secretary of the Territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the Secretary of the Treasury of the United States, and shall, semi-annnally, account to the said Secretary for the manner in which the aforesaid moneys shall have been expended; and no expenditure shall be made by said LegisExpenditures of lative Assembly for objects not specially authorized by the acts of Congress, making the appropriations, nor beyond the sums thus appropriated for such objects. Legislative Assembly limited. Legislative Assembly to hold its rected by the Governor. SEC. 13. And be it further enacted, That the Legislative first session as di- Assembly of the Territory of Nebraska shall hold its first session at such time and place in said Territory as the Governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the Governor and Legislative Assembly shall proceed to locate and esSeat of govern- tablish the seat of government for said Territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said Governor and Legislative Assembly. ment. A delegate to be elected to the Con States. SEC. 14. And be it further enacted, That a delegate to the gress of the United House of Representatives of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the Legislative Assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other Territories of the Uuited States to the said House of Representatives, but the delegate first elected shall hold his seat only during the term of the Congress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such manner, as the Governor shall appoint and direct; and at all subsequent elections the times, places, and manner of holding the elections, shall be prescribed by law. The person having the greatest number of votes shall be declared by the Governor to be duly elected; and a certificate thereof shall The Constitution be given accordingly. That the Constitution and all Laws of of the U. S. shall the United States which are not locally inapplicable, shall be in force in the have the same force and effect within the said Territory of the eighth section Nebraska as elsewhere within the United States, except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March sixth, eighteen hundred and twenty, which, being inconsistent with the principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of eighteen hundred and fifty, commonly called the Compromise Measures, is The intent of this hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any Territory or State nor to exclude it therefrom, but to leave the and applicable laws Territory, except of ch. 22, declared void. act concerning slavery. people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States: Provided, That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of sixth March, eighteen hundred and twenty, either protecting, establishing, prohibiting, or abolishing slavery. Proviso as to revival of laws con cerning slavery. 1820, ch. 22. public buildings. SEC. 15. And be it further enacted, That there shall here- Appropriation for after be appropriated, as has been customary for the Territorial governments, a sufficient amount, to be expended under the direction of the said Governor of the Territory of Nebraska, not exceeding the sums heretofore appropriated for similar objects, for the erection of suitable public buildings at the seat of government, and for the purchase of a library, to be kept at the seat of government, for the use of the Governor, Legislative Assembly, Judges of the Supreme Court, Secretary, Marshal, and Attorney of said Territory, and such other persons, and under such regulations as shall be prescribed by law. Reservation for SEC. 16. And be it further enacted, That when the lands in the said Territory shall be surveyed under the direction of schools. the government of the United States, preparatory to bringing the same into market, sections number sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same. SEC. 17. And be it further enacted, That until otherwise provided by law, the Governor of said Territory may define the Judicial Districts of said Territory, and assign the judges who may be appointed for said Territory to the several districts; and also appoint the times and places for holding courts in the several counties or subdivisions in each of said Judical Districts by proclamation, to be issued by him; but the Legislative Assembly, at their first or any subsequent session, may organize, alter, or modify such Judicial Districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient. Judicial districts -how defined. Officers appointed by President to give security for certain cases. SEC. 18. And be it further enacted, That all officers to be appointed by the President, by and with the advice and consent of the Senate, for the Territory of Nebraska, who, by moneys received in virtue of the provisions of any law now existing, or which may be enacted during the present Congress, are required to give security for moneys that may be intrusted with them for disbursement, shall give such security, at such time and place, and in such manner, as the Secretary of the Treasury may prescribe. Temporary gov ernment for Terri tory of Kansas. SEC. 19. And be it further enacted, 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 on the western boundary of the State of Boundaries. Missouri, where the thirty-seventh parallel of north latitude State or States with Power to divide said Territory or to a State or Territory reserved. crosses the same; thence west on said parallel to the eastern boundary of New Mexico; thence north on said boundary to latitude thirty eight; thence following said boundary westward to the east boundary of the Territory of Utah, on the summit of the Rocky Mountains; thence northward on said summit to the fortieth parallel of latitude; thence east on said parallel to the western boundary of the State of Missouri, thence south with the western boundary of said State to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory of Kansas; and when Admitted as admitted as a State or States, the said Territory, or any portion or without slavery. 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 nothing in this act contained attach part of it to 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: l'rovided, further, That nothing in this act contained shall be in said Territory 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 Kansas, until said tribe shall signify their assent to the President of the United States to be included United States within the said Territory of Kansas, or to affect the authority retained all their of the government of the United States to make any regulaover said Indians. tion 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. Right of Indians not impaired. present authority The executive Governor, his te SEC. 20. And be it further enacted, That the executive power vested in a power and authority in and over said Territory of Kansas shall nure of office, be vested in a Governor, who shall hold his office for four years, powers, duties and and until his successor shall be appointed and qualified, unless emoluments. Secretary, his powers and duties. 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 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. 21. 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 Presi dent of the United States; he shall record and preserve all When Secretary is to act as Gov Legislative pow er-how vested. Legislative as a Council & House cillors and Repre cillors and Repre SEC. 22. And be it further enacted, That the legislative power and authority of said Territory shall be vested in the Governor and Legislative Assembly. The Legislative Assembly to consist of sembly shall consist of a Council and House of Representa- of Representatives. tives. The Council shall consist of thirteen members, having the qualification of voters, as hereinafter prescribed, 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 in-Number of Councreased by the Legislative Assembly, from time to time, in sentatives. proportion to the increase of qualified voters: Provided, That Number of Counthe whole number shall never exceed thirty-nine. An appor- sentatives limited. tionment shall be made, as nearly equal as practicable, among representation. Apportionment of 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 near 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 election, the Governor shall Census to be cause a census, or enumeration of the inhabitants and qualified how. 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 shall be held at such time and places, and be con- conducted, — who ducted 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 districts shall be entitled under this act. The person having the highest number of legal votes in each of said Council District for members of taken when and How the first clection shall be declared elected. vacancy or no choice. 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 Proviso in case 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 meetat 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 sessions of the terms of sessions of regular sessions of the Legislative Assembly: Provided, That the Legislative As- no session in any one year shall exceed the term of forty days, except the first session which may continue for sixty days, Subsequent elec tions to be determined by the As sembly. Proviso as to sembly. Qualifications of voters. Proviso. Who have the SEC. 23. 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 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 right of suffrage and of holding of- 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 Further proviso. provisions of this act: And provided further, That no officer, soldior, 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. fice. Legislative power of the Territory defined. SEC. 24. 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 a law, be Governor's veto. 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. ed by two-thirds of If, after such reconsideration, two-thirds of that House shall withstanding. agree to pass the bill, it shall be sent, together with the ob be pass Bill may each House not |