An Act to Organize
the Territories of Nebraska and Kansas.
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; then west on
said parallel to the east boundary of the Territory of Utah, the summit of the
Rocky Mountains; thence on said summit northwest 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 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
without slavery, as their constitution may prescribe at the time of the
admission: Provided, That 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 tin as Congress shall deem
convenient and proper, or from attaching a portion of said Territory to any
other State or Territory of the United States: Provided further, That
nothing in this act contained shall construed to impair the rights of person or
property now pertaining the Indians in said Territory' so long as such rights
shall remain unextinguished by treaty between the United States and such
Indians, or include any territory which, by treaty with any Indian tribe, is
not, without the consent of said tribe, to be included within the territorial
line or jurisdiction of any State or Territory; but all such territory shall
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 the
United States to be included within the said Territory of Nebraska. or to
affect the authority of the government of the United States 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.
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
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 aid 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
or 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.
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 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 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. An apportionment 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. 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 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 persons so appointed shall receive a reasonable compensation 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 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: 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
sessions 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 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 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 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.
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 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 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 reconsideration two thirds of that 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 all 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 and 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 United States, except Postmasters, shall be a member of the
Legislative Assembly, or hold any office under the government of said
Territory.
SEC. 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 of government of said Territory annually, and they shall hold their
offices during the period of four years, and until their successor 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 of 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 appellate
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 matter 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 districts 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 the 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 the 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 United
States, in the same manner and under the same regulations as from the circuit
courts of the United States, where the value of the property, or the amount in
controversy, to be ascertained by the oath or affirmation of either party, or
other competent witness, 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 a writ of
error or appeal shall also be allowed to the Supreme Court of the United
States, 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 twelfth, seventeen hundred and ninety-three, and the "
act to amend and supplementary to the aforesaid act," approved September
eighteen, eighteen hundred and fifty; and each of the said district courts
shall have and exercise the same jurisdiction in all cases arising under the
Constitution and Laws of the United States as is vested in the Circuit and
District Courts of the United States; 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 United States 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 twelve, seventeen hundred and
ninety-three, and the provisions of the act entitled “An
act to amend, and supplementary to, the aforesaid act,” approved September
eighteen, eighteen hundred and fifty, 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 I as the Attorney of the United
States 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 United
States; 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 United States for the present Territory of Utah, and shall, in
addition, be paid two hundred dollars annually as a compensation for extra
services.
SEC. 12. And
be it further enacted, That the Governor, Secretary, Chief Justice, and
Associate Justices, Attorney and Marshal, shall be nominated, and, by and with
the advice and consent of the Senate, appointed by the President of the United
States. The Governor and a Secretary to be appointed as aforesaid, shall,
before they act as such, respectively take 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 United States, to support the Constitution of the United States,
and faithfully to discharge the duties of their respective offices, which said
oaths, when so 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 dates of the respective appointments, at the Treasury
of the United States; 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 three 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 travelled 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 sergeant-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 United States: Provided, That there
shall be but one session of the legislature annually, unless, on an
extraordinary occasion, the Governor 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 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-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 eligible; 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 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 United 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 be given accordingly. That the Constitution,
and all Laws of the United States which are not locally inapplicable, shall
have the same force and effect within the said Territory of 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 slaves in the States and Territories, as
recognized by the legislation of eighteen hundred and fifty, 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, nor to exclude it therefrom, but to leave the people thereof
perfectly free to form an 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.
SEC. 15. And
Be it further enacted, That there shall hereafter be appropriated, as has
been customary for the Territorial governments, 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 United States,
preparatory to bringing the same into market, section; 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.
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 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 appointed 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 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.
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 Missouri, where
the thirty-seventh parallel of north latitude 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 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 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 Kansas, until said tribe
shall signify their assent to the President of the United States to be included
within the said Territory of Kansas, or to affect the authority of the
government of the United States to make any regulation 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.
SEC. 20. And
be it further enacted, That the executive power and authority in and over
said Territory of Kansas 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
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 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.
SEC. 22. 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 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 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. An apportionment 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. 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 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 persons so appointed shall receive a reasonable compensation 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 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: 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
sessions 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. 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 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 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.
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 properly 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 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 reconsideration, two thirds of that 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 all 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, prevent its return, in which case it shall not be a law.
SEC. 25. 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 Kansas. 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 and House of Representatives,
and all other officers.
SEC. 26. 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 United States, except postmasters, shall be a member of the
Legislative Assembly, or shall hold any office under the government of said
Territory.
SEC. 27. 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 chief justice and two associate
justices, any two of whom shall constitute a quorum, and who shall hold a term
at the seat of government of said Territory annually; and they shall hold their
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
appellate 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 matter 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. Said
District Court, or the judge thereof, shall appoint its clerk, who shall also
be the 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 the 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 United States, in the same manner and under the same regulations as from
the Circuit Courts of the United States, where the value of the property, or
the amount in controversy, to be ascertained by the oath or affirmation of
either party, or other competent witness, shall exceed one thousand dollars;
except only that in all cases involving title to slaves, the said writ of error
or appeals shall be allowed and decided by said supreme court, without regard
to the value of the matter, property, or title in controversy; and except also
that a writ of error or appeal shall also be allowed to the Supreme Court of
the United States, 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 of the "act respecting
fugitives from justice, and persons escaping from the service of their
masters," approved February twelfth, - seventeen hundred and ninety-three,
and the act to amend and supplementary to the aforesaid act," approved
September eighteenth, eighteen hundred and fifty; and each of the said district
courts shall have and exercise the same jurisdiction in all cases arising under
the Constitution and laws of the United States as is vested in the Circuit and
District Courts of the United States; 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 United States in the District of Columbia; and the first six days of
every term of said courts, or so much thereof as may 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 the same fees in all such cases, which the clerks of the district
courts of Utah Territory now receive for similar services.
SEC. 28. And
be it further enacted, That the provisions of the act entitled "An act
respecting fugitives from justice, and persons escaping from, the service of
their masters," approved February twelfth, seventeen hundred and
ninety-three, and the provisions of the act entitled "An act to amend, and
supplementary to, the aforesaid act," approved September eighteenth,
eighteen hundred and fifty, be, and the same are hereby, declared to extend to
and be in full force within the limits of the said Territory of Kansas.
SEC. 29. 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 United States
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
where exercising their jurisdiction as Circuit and District Courts of the
United States; he shall perform the duties, be subject to the same regulations
and penalties, and be entitled to the same fees, as the Marshal of the District
Court of the United States for the present Territory of Utah, and shall, in
addition, be paid two hundred dollars annually as a compensation for extra
services.
SEC. 30. And
be it further enacted, That the Governor, Secretary, Chief Justice, and
Associate Justices, Attorney, and Marshal, shall be nominated, and, by and with
the advice and consent of the Senate, appointed by the President of the United
States. The Governor and Secretary to be appointed as aforesaid shall, before
they act as such, respectively take 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 United States, to support the Constitution of the United States,
and faithfully to discharge the duties of their respective offices, which said
oaths, when so 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 receive As
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 dates of the respective appointments, at the Treasury of the United
States; 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 three 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 travelled 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
sergeant at-arms, and door-keeper, 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 to
other officers shall be paid by the United States: Provided, That there shall
be but one session of the Legislature annually, unless, on an extraordinary
occasion, the Governor 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 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-annually, account to the said
secretary for lit 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. 31. And
be it further enacted, That the seat of government of said Territory is
hereby located temporarily at Fort Leavenworth; and that such portions of the
public buildings as may not be actually used and needed for military purposes,
may be occupied and used, under the direction of the Governor and Legislative
Assembly, for such public purposes as may be required under the provisions of
this act.
SEC. 32. And
be it further enacted, That a delegate to the 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 United 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 be given accordingly. That the Constitution,
and all laws of the United States which are not locally inapplicable, shall
have the same force and effect within the said Territory of Kansas 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 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 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 of March,
eighteen hundred and twenty, either protecting, establishing, prohibiting, or
abolishing slavery.
SEC. 33. 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 Kansas,
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. 34. And
be it further enacted, That when the lands in the said Territory shall be
surveyed under the direction of the government of the United States,
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.
SEC. 35. 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 forholding 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. 36. 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 Kansas,
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 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.
SEC. 37. And
be it further enacted, That all treaties, laws, and other, engagements made
by the government of the United States with the Indian tribes inhabiting the
territories embraced within this act, shall be faithfully and rigidly observed,
notwithstanding any thing contained in this act; and that the existing agencies
and superintendencies of said Indians be continued with the same powers and
duties which are now prescribed by law, except that the President of the United
States may, at his discretion, change the location of the office of
superintendent.
Approved, May 30, 1854.
