Abbildungen der Seite
PDF
EPUB

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 journals, and proceed to reconsider it. If, after such reconsideration, two-thirds of ihat 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 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, prevents its return, in which case it shall not be a law.

Sec. 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 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, House of Representatives, and all other officers.

Sec. 8. And be it further enacted, That no member of the Legislative Assembly shall hold, or be appointed to, any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected, and for one year after the expiration of such term ; but this restriction shall not be applicable to members of the first Legislative Assembly ; and no person holding a commission or appointment under the U. S., except postmasters, shall be a member of the Legislative Assembly, or hold any office under the Government of said Territory.

Sic. 9. And be it further enacted, That the judicial power of said Territory shall be vested in a Supreme Court, District 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

offices during the period of four years, and until their successors shall be appointed and qualified. The said Territory shall be divided 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 may 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 herein provided for, both appellative and original, and that of the Probate Courts and of Justices of the Peace, shall be as limited by law : Provided, that Justices of the Peace shall not have jurisdiction of any inatter 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, shall possess chancery as well as common law jurisdiction. Each District Court, or the judge thereof, shall appoint its clerk, who shall also be register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals shall be allowed in all cases from the final decisions of said District courts to the Supreme Court, under such regulations as may be prescribed by law ; but in no case removed to the Supreme Court shall trial by jury be allowed in said court. The Supreme Court, or the justices thereof, shall appoint its own clerk, and every clerk shall hold his office at ihe pleasure of the court for which he shall have been appointed. Writs of error and appeals from the final decisions of said Supreme Court shall be allowed, and may be taken to the Supreme Court of the U. S., in the same manner and under the same regulations as from the circuit courts of the U. S., where the value of the property or the amount in controversy, to be ascertained by the oath or affirmaation of either party, or other competent witnesses, shall exceed one thousand dollars; except only that in all cases involving title to slaves the said writs of error or appeals shall be allowed and decided by the said Supreme Court, without regard to the value of the matter, property, or title in controversy ; and except also that writ of error or appeal shall also be allowed to the Supreme Court of the U. S. from the decision of the said supreme court created by this act, or of any judge thereof, or of the District Courts created by this act, or of any judge thereof, upon any writ of habeas corpus, involving the question of personal freedom : Provided, That nothing herein contained shall be construed to apply to or affect the provisions to the "act respecting fugitives from justice and persons escaping from the service of their masters," approved February 12th, 1793, and the “act to amend and sup. plementary to the aforesaid act,” approved September, 1850; and each of the said District Courts shall have and exercise the same jurisdiction in all cases arising under the Consitution and laws of the U. S., as is vested in the District and Circuit Courts of the U. S., and the said Supreme and District Courts of the said Territory and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are granted by the judges of the U. S. in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said Constitution and laws, and writs of error and appeal in all such cases shall be made to the Supreme Court of said Territory, the same as in other cases. The said clerk shall receive in all such cases the same fees which the clerks of the District Courts of Utah Territory now receive for similar services.

Sec. 10. And be it further enacted, That the provisions of an act entitled, "An act respecting fugitives from justice, and persons escaping from the service of their masters," approved February 12, 1793, and the provisions of the act entitled “An act to amend and supplementary to the aforesaid act," approved September 18, 1850, be and the same are hereby declared to extend to and be in full force within the limits of said Territory of Nebraska.

Sec. 11. And be it further enacted, That there shall be appointed

an Attorney for said Territory, who shall continue in office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President, and who shall receive the same fees and salary as the Attorney of the U. S. for the present Territory of Utah. There shall also be a Marshal for the Territory appointed who shall hold his office for four years and until his successor shall be appointed and qualified, unless sooner removed by the President, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as Circuit and District Courts of the U. S.; he shall perform the duties, be subject to the same regulation and penalties, and be entitled to the same fees as the Marshal of the District Court of the U. S. for the present Territory of Utah, and shall in addition be paid two hundred dollars as a compensation for extra services.

Sec. 12. And be it further enacted, That the Governor, Secretary, Chief Justice, and Associate Justice, Attorney, and Marshal shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of the U.S. The Governor and Secretary to be appointed as aforesaid shall, before they act as such, respectively make an oath or affirmation before the District Judge or some Justice of the Peace in the limits of said Territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the Chief Justice or some Associate Justice of the Supreme Court of the U. S., to support the Constitution of the U. S., and faithfully discharge the duties of their respective offices, which said oaths, when 80 taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the said Secretary among the executive proceedings; and the Chief Justice and Associate Justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said Governor or Secretary, or some Judge or Justice of the Peace of the Territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the Secretary, to be by him recorded as aforesaid; and, afterwards, the like oath or affirmation shall be taken, certified and recorded, in such manner and form as may be prescribed by law. The Governor shall receive an annual salary of two thousand five hundred dollars. The Chief Justice and Associate Justices shall each receive an annual salary of two thousand dollars. The Secretary shall receive an annual salary of two thousand dollars. The said salaries shall be paid quarter-yearly, from the date of the respective appointments, at the Treasury of the U. S.; but no such payment shall be made until said officers shall have entered upon the duties of their respective appointments. The members of the Legislative Assembly shall be entitled to receive thiree dollars each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles travel in going to and returning from the said sessions, estimated according to the nearest usually traveled route, and an additional allowance of three dollars shall be paid to the presiding officer of each house for each day he shall so preside.' And a Chief Clerk, one Assistant Clerk, a Saergent-at-Arms, and Doorkeeper, may be chosen for each House; and the Chief Clerk shall receive four dollars per day, and the said other officers three dollars per day, during the session of the Legislative Assembly; but no other officers shall be paid by the U. S.: Provided, That there shall be but one session of the Legislature annually, unless, on an extraordinary occasion the Gov. ernor shall think proper to call the Legislature together. There shall be appropriated, annually, the usual sum, to be expended by the Governor, to defray the contingent expenses of the Territory, including the salary of a Clerk of the Executive Department, and there shall also be appropriated, annually, a sufficient sum, to be expended by the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the U. S., to defray the expenses of the Legislative Assembly, the printing the laws, and other incidental expenses and the Governor and Secretary of the Territory shall, in the disbursement of all moneys entrusted to them, be governed solely by the instructions of the Secretary of the Treasury of the U. S., anu shall, simi-annually, 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 Legislative Assembly for objects not specially authorized by the acts of Congress making the appropriations, nor beyond the sums thus appropriated for such objects.

Sec. 13. And be it further enacted, That the Legislative 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 establish the seat of government for said Territory, at such place as they may deem elligible, which place, however, shall thereafter be subject to be changed by the said Governor and Legislative Assembly.

Sec. 14. And be it further enacted, That a Delegate to the House of Representatives of the U. S., to serve for the term of two years, who shall be a citizen of the U. S., 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 U.S. io 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 be given accordingly. That the Constitution and all the laws of the U. S. which are not locally inapplicable shall have the same force and effect within the said Territory of Nebraska as elsewhere in the U. S., except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March 6th, 1820, which being inconsistent with the principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of 1850, commonly called the compromise measures, is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any Territory or State; ror to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the U. S.: 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 March 6th, 1820, either protecting, establishing, prohibiting, or abolishing slavery.

Sec. 15. And be it further enacted, That there shall hereafter 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.

Sec. 16. And be it further enacted, That when the lands in the said Territory shall be surveyed under the direction of the Government of the U. S., preparatory to bringing the same into market, sections numbered 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.

Sic. 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 distric's ; and also appomt the times and places for holding courts in the several counties or subdivisions in each of said judicial 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."

Sec. 18. And be it further enacted, That all officers to be appoint. ed by the President, by and with the advice and consent of the Senate, for the Territory of Nebraska, who, by 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 entrusted 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.

« ZurückWeiter »