assembly shall consist of a council and house of|ritory; but the qualifications of voters, and of which shall have been created, or the salary or Sec. 5. That every free white male inhabitant emoluments of which shall have been increased, above the age of twenty-one years, who shall while he was a member, during the term for be an actual resident of said territory, and shall which he was elected, and for one year after the possess the qualifications hereinafter prescribed, expiration of such term; but this restriction shall be entitled to vote at the first election, and shall not be applicable to members of the first shall be eligible to any office within the said ter-Ilegislative assembly; and no person holding a commission or appointment under the United three, and the “act to amend and supplement States, except postmasters, shall be a member ary to the aforesaid act," approved September of the legislative assembly, or shall hold any of eighteen, eighteen hundred and fifty; and each fice under the government of said territory. of the said district courts shall have and exer Sec. 9. That the judicial power of said territo-cise the same jurisdiction in all cases arising ry shall be vested in a supreme court, district under the Constitution and laws of the United courts, probate courts, and in justices of the States as is vested in the circuit and district peace. The supreme court shall consist of a courts of the United States; and the said suchief justice and two associate justices, any two preme and district courts of the said territory, of whom shall constitute a quorum, and who and the respective judges thereof, shall and shall hold a term at the seat of government of may grant writs of habeas corpus in all cases in said territory annually, and they shall hold their which the same are granted by the judges of the offices during the period of four years, and until United States in the District of Columbia ; and their successors shall be appointed and qualified. the first six days of every term of said courts, The said territory shall be divided into three ju- or so much thereof as shall be necessary, shall dicial districts, and a district court shall be held be appropriated to the trial of causes arising in each of said districts by one of the justices of under the said Constitution and laws, and writs the supreme court, at such times and places as of error and appeal in all such cases shall be may be prescribed by law; and the said judges made to the supreme court of said territory, the shall, after their appointments, respectively, re- same as in other cases. The said clerk shall reside in the district which shall be assigned them. ceive in all such cases the same fees which the The jurisdiction of the several courts herein pro clerks of the district courts of Utah Territory vided for, both appellate and original, and that now receive for similar services. of the probate courts and of justices of the peace, Sec. 10. That the provisions of an act entitled shall be as limited by law: Provided, That jus-“ An act respecting fugitives from justice, and tices of the peace shall not have jurisdiction of persons escaping from the service of their masany matter in controversy when the title or ters," approved February twelve, seventeen hun. boundaries of land may be in dispute, or where dred and ninety-three, and the provisions of the the debt or sum claimed shall exceed one hun-act entitled “ An act to amend, and supplementdred dollars; and the said supreme and district ary to, the aforesaid act," approved September courts, respectively, shall possess chancery as eighteen, eighteen hundred and fifty, be, and the well as common law jurisdiction. Each district same are hereby, declared to extend to and be court, or the judge thereof, shall appoint its in full force within the limits of said territory of clerk, who shall also be the register in chancery, Nebraska. and shall keep his office at the place where the Sec. 11. That there shall be appointed an atcourt may be held. Writs of error, bills of ex- torney for said territory, who shall continue in ception, and appeals, shall be allowed in all office for four years, and until his successor cases from the final decision of said district shall be appointed and qualified, unless sooner courts to the supreme court, under such regula- removed by the President, and who shall receive tions as may be prescribed by law; but in no the same fees and salary as the attorney of the case removed to the supreme court shall trial United States for the present territory of Utah. by jury be allowed in said court. The supreme There shall also be a marshal for the territory, court, or the justices thereof, shall appoint its appointed, who shall hold his office for four own clerk, and every clerk shall hold his office years, and until his successor shall be appointed at the pleasure of the court for which he shall and qualified, unless sooner removed by the have been appointed. Writs of error, and ap- President, and who shall execute all processes peals from the final decision of said supreme issuing from the said courts when exercising court, shall be allowed, and may be taken to the their jurisdiction as circuit and district courts of supreme court of the United States, in the same the United States; he shall perform the duties, manner and under the same regulations as from be subject to the same regalations and penalties, the circuit courts of the United States, where and be entitled to the same fees as the marshal the value of the property, or the amount in con- of the district court of the United States for the troversy, to be ascertained by the oath or affirm- present territory of Utah, and sball, in addition, ation of either party, or other competent wit- be paid two hundred dollars annually as a comness, shall exceed one thousand dollars ; except pensation for extra services. only that in all cases involving title to slaves, the Sec. 12. That the governor, secretary, chief said writs of error or appeals shall be allowed and justice, and associate justices, attorney, and decided by the said supreme court, without re- marshal, shall be nominated, and, by and with gard to the value of the matter, property, or title the advice and consent of the Senate, appointed in controversy; and except also that a writ of by the President of the United States. The goverror or appeal shall also be allowed to the Su- ernor and secretary to be appointed as aforepreme Court of the United States, from the deci- said, shall, before they act as such, respectively ions of the said supreme court created by this act, take an oath or affirmation before the district or of any judge thereof, or of the district courts judge or some justice of the peace in the limits created by this act, or of any judge thereof, upon of said territory, duly authorized to administer any writ of habeas corpus, involving the question oaths and affirmations by the laws now. in force of personal freedom: Provided, That nothing therein, or before the chief justice or some asherein contained shall be construed to apply to sociate justice of the Supreme Court of the Unitor affect the provisions of the “act respecting ed States, to support the Constitution of the fugitives from justice, and persons escaping from United States, and faithfully to discharge the the service of their masters," approved Febru- duties of their respective offices, which said ary twelfth, seventeen hundred and ninety-loaths, when so taken, shall be certified by the person by whom the same shall have been, and at said first session, or as soon thereafter as taken; and such certificates shall be received they shall deem expedient, the governor and legand recorded by the said secretary among the islative assembly shall proceed to locate and esexecutive proceedings; and the chief justice and tablish the seat of government for said territory associate justices, and all other civil officers in at such place as they may deem eligible; which said territory, before they act as such, shall take place, however, shall thereafter be subject to be a like oath or affirmation before the said gov- changed by the said governor and legislative ernor or secretary, or some judge or justice of assembly. the peace of the territory who may be duly com- Sec. 14. That a delegate to the House of Repmissioned and qualified, which said oath or af- resentatives of the United States, to serve for the firmation shall be certified and transmitted by term of two years, who shall be a citizen of the the rson taking the same to the secretary, to United States, may be elected by the voters qualbe by him recorded as aforesaid; and after- ified to elect members of the legislative assembly, wards, the like oath or affirmation shall be who shall be entitled to the same rights and privtaken, certified, and recorded, in such manner ileges as are exercised and enjoyed by the deleand form as may be prescribed by law. The gates from the several other territories of the governor shall receive an annual salary of two United States to the said House of Representathousand five hundred dollars. The chief tives, but the delegate first elected shall hold his justice and associate justices shall receive an seat only during the term of the Congress to annual salary of two thousand dollars. The which he shall be elected. The first election secretary shall receive an annual salary of two shall be held at such time and places, and be thousand dollars. The said salaries shall be conducted in such manner, as the governor shall paid quarter-yearly, from the dates of the re-appoint and direct; and at all subsequent elecspective appointments, at the treasury of the tions the times, places, and manner of holding United States ; but no such payment shall be the elections shall be prescribed by law. The made until said officers shall have entered upon person having the greatest number of votes shall the duties of their respective appointments. be declared by the governor to be duly elected, The members of the legislative assembly shall be and a certificate thereof shall be given accord entitled to receive three dollars each per day ingly. That the Constitution, and all the laws during their attendance at the sessions thereof, of the United States which are not locally inapand three dollars each for every twenty miles' plicable, shall have the same force and effect travel in going to and returning from the said within the said territory of Nebraska as elsesessions, estimated according to the nearest usu- where within the United States, except the eighth ally travelled route; and an additional allow section of the act preparatory to the admission of ance of three dollars shall be paid to the presid- Missouri into the Union, approved March sixth, ing officer of each house for each day he shall eighteen hundred and twenty, which, being inso preside. And a chief clerk, one assistant consistent with the principle of non-intervention clerk, a sergeant-at-arms, and doorkeeper, may by Congress with slavery in the states and terribe chosen for each house; and the chief clerk tories, as recognized by the legislation of eightshall receive four dollars per day, and the said een hundred and fifty, commonly called the other officers three dollars per day, during the compromise measures, is hereby declared inopsession of the legislative assembly; but no other erative and void ; it being the true intent and officers shall be paid by the United States : Pro- meaning of this act not to legislate slavery into vided, That there shall be but one session of the any territory or state, nor to exclude it therelegislature annually, unless, on an extraordi- from, but to leave the people thereof perfectly nary occasion, the governor shall think proper free to form and regulate their domestic instituto call the legislature together. There shall be tions in their own way, subject only to the Conappropriated, annually, the usual sum, to be ex- stitution of the United States : Provided, That pended by the governor, to defray the contin- nothing herein contained shall be construed to gent expenses of the territory, including the sal- revive or put in force any law or regulation ary of a clerk of the executive department; and which may have existed prior to the act of sixth there shall also be appropriated, annually, a suf- March, eighteen hundred and twenty, either proficient sum, to be expended by the secretary of tecting, establishing, prohibiting, or abolishing the territory, and upon an estimate to be made by slavery. the secretary of the treasury of the United States, SEC. 15. That there shall hereafter be approto defray the expenses of the legislative assem- priated, as has been customary for the territorial bly, the printing of the laws, and other incident- governments, a sufficient amount, to be expendal expenses; and the governor and secretary of ed under the direction of the said governor of the territory shall, in the disbursement of all the territory of Nebraska, not exceeding the moneys intrusted to them, be governed solely by sums heretofore appropriated for similar objects, the instructions of the secretary of the treasury for the erection of suitable public buildings at of the United States, and shall, semi-annually, the sea of government, and for the purchase of account to the said secretary for the manner in a library, to be kept at the seat of government which the aforesaid moneys shall have been ex- for the use of the governor, legislative assembly, pended; and no expenditure shall be made by judges of the supreme court, secretary, marshal, said legislative assembly for objects not specially and attorney of said territory, and such other authorized by the acts of Congress making the persons, and under such regulations as shall be appropriations, nor beyond the sums thus appro- prescribed by law. priated for such objects. SEC. 16. That when the lands in the said terriSec. 13. That the legislative assembly of the tory shall be surveyed under the direction of the territory of Nebraska shall hold its first ses- government of the United States, preparatory to sion at such time and place in said territoty as bringing same into market, sections numbered the governor thereof shall appoint and direct;/ sixteen and thirty-six, in each towaship in said territory, shall be, and the same are hereby, re-ed within the said territory of Kansas, or to affect served for the purpose of being applied to schools the authority of the government of the United in said territory, and in the states and territories States to make any regulation respecting such hereafter to be erected out of the same. Indians, their lands, property, or other rights, Sec. 17. That, until otherwise provided by law, by treaty, law, or otherwise, which it would the governor of said territory may define the ju- have been competent to the government to make dicial districts of said territory, and assign the if this act had never passed. judges who may be appointed for said territory to the several districts; and also appoint the [With the single exception of the location of times and places for holding courts in the several the seat of government for KANSAS at Fort Learcounties or subdivisions in each of said judicial enworth, provided for in section 31, the ensuing districts by proclamation, to be issued by him; sixteen sections, relative to the organization but the legislative assembly, at their first or any subsequent session, may organize, alter, or mod- and government of the territory, are precisely ify such judicial districts, and assign the judges, similar to the sections already recited, providing and alter the times and places of holding the for the government of Nebraska territory. The courts, as to them shall seem proper and con. final section of the act, which has a general refveniant. Seo. 18. That all officers to be appointed by the erence to both territories, is as follows:] President, by and with the advice and consent of the Senate, for the territory of Nebraska, who, treaties, laws, and other engagements made by Sec. 37. And be it further enacted, that all by virtue of the provisions of any law now exist. the government of the United States with the ing, or which may be enacted during the present Indian tribes inhabiting the territories embraced Congress, are required to give security for within this act, shall be faithfully and rigidly moneys that may be intrusted with them for disbursements, shall give such security, at such observed, notwithstanding anything contained in this act; and that the existing agencies and time and place, and in such manner as the seco superintendencies of said Indians be continued retary of the treasury may prescribe. Sec. 19. That all that part of the territory of with the same powers and duties which are now the United States included within the following prescribed by law, execpt that the President of limits, except such portions thereof as are here the location of the office of superintendent. the United States may, at his discretion, change inafter expressly exempted from the operations of this act, to wit: beginning at a point on the This bill passed the House on the 22d day of western boundary of the state of Missouri, where May, 1854, and the following is a careful classithe thirty-seventh parallel of north latitude cross fication of the vote : es the same; thence west on said parallel to the eastern boundary of New Mexico; thence north YEAS-113. on said boundary to latitude thirty-eight; thence FROM THE FREE STATES. following said boundary westward to the east MAINE-Moses McDonald-1. boundary of the territory of Utah, on the summit of the Rocky Mountains; thence northward on NEW HAMPSHIRE-Harry Hibbard-1. said summit to the fortieth parallel of latitude; CONNECTICUT—Colin M. Ingersoll-1. VERMONT-None. MASSACHUSETTS—None. thence east on said parallel to the western bound RHODE ISLAND-None. ary of the state of Missouri; thence south with the western boundary of said state to the place of New-York-Thomas W. Cumming, Francis B. beginning, be, and the same is hereby, created Cutting, Peter Rowe, John J. Taylor, William M. into a temporary government by the name of Tweed, Hiram Walbridge, William A. Walker, the Territory of Kansas; and when admitted as Mike Walsh, Theo. R. Westbrook-9. a state or states, the said territory, or any por PENNSYLVANIA--Samuel A. Bridges, John L. tion of the same, shall be received into the Union Dawson, Thomas B. Florence, J. Glancy Jones, with or without slavery, as their constitution William H. Kurtz, John McNair, Asa Packer, may prescribe at the time of their admission : John Robbins, Jr., Christian M. Straub, William Provided, That nothing in this act contained H. Witte, Hendrick B. Wright-11. shall be construed to inhibit the government of New-JERSEY—Samuel Lilly, George Vail--2. the United States from dividing said territory OHIO—David T. Disney, Frederick W. Green, into two or more territories, in such manner and Edson B. Olds, Wilson Shannon-4. at such times as Congress shall deem convenient INDIANA- John G. Davis, Cyrus L. Dunham, and proper, or from attaching any portion of Norman Eddy, William H. English, Thomas A. said territory to any other state or territory of the Hendricks, James H. Lane, Smith Miller-7. United States : Provided further, That nothing in ILLINOIS-James C. Allen, Willis Allen, Wm. this act contained shall be so construed as to im- A. Richardson-3. pair the rights of person or property now pertain MICHIGAN-Samuel Clark, David Stuart-2. ing to the Indians in said territory, so long as IOWA-Bernhart Henn-1. WISCONSIN--None. such rights shall remain unextinguished by treaty CALIFORNIA-Milton S. Latham, J. A. McDoubetween the United States and such Indians, or to gall—2. Total-44. include any territory which, by treaty with any Indian tribe, is not, without the consent of said FROM THE SLAVE STATES. tribe, to be included within the territorial limits DELAWARE--George R. Riddle-1. or jurisdiction of any state or territory; but all MARYLAND-William T. Hamilton, Henry May, such territory shall be excepted out of the bound- Jacob Shower, Joshua Vansant-. aries, and constitute no part of tbe territory of VIRGINIA–Thomas H. Bayly, Thomas S. Bocock, Kansas, until said tribe shall signify their assent John S. Caskie, Henry A. Edmundson, Charles to the President of the United States to be includ-IJ. Faulkner, William 0. Goode, Zedekiah Kid well, John Letcher, Paulus Powell, William Smith, H. H. Johnson, William D. Lindsley, M. H. NichJohn F. Snodgrass-11. ols, Thomas Ritchey, William R. Sapp, Andrew NORTH CAROLINA — William S. Ashe, Burton Stuart, John L. Taylor, EDWARD WADE-15. Craige, Thomas L. Clingman, John Kerr, Thomas INDIANA-Andrew J. Harlan, Daniel Mace, Ruffin, Henry M. Shaw-6. Samuel W. Parker-3. SOUTH CAROLINA- William W. Boyce, Preston ILLINOIS-James Knox, Jesse (). Norton, E. B. S. Brooks, James L. Orr-3. Washburne, John Wentworth, Richard Yates-5. GEORGIA-David J. Bailey, Elijah W. Chastain, MICHIGAN-David A. Noble, H. L. Stevens-2. Alfred H. Colquitt, Junius Hillyer, David A. WISCONSIN-B. C. Eastman, Daniel Wells, Jr.-2. Reese, Alex. H. Stephens_6. IOWA-None. CALIFORNIA- None. Total-91. SOUTHERN STATES. VIRGINIA- John S. Millson-1. liam R. Smith-7. Nortu CAROLINA-Richard C. Puryear, Sion MISSISSIPPI—William S. Barry, William Barks- H. Roger8—2. dale, Otho R. Singleton, Daniel B. Wright-4. TENNESSEE-Robert M. Bugg, Wm. Cullom, LOUISIANA-William 'Dunbar, Roland Jones, Emerson Etheridge, Nathaniel G. Taylor-4. John Perkins, Jr.-3. LOUISIANA-Theodore G. Hunt-1. MISSOURI-Thomas H. Benton-1. OTHER SOUTHERN STATES-None. Total-9. John M. Elliott, Benj. E. Grey, William Pres- Total, Free and Slave States-100. ton, Richard H. Stanton-8. TENNESSEE— William M. Churchwell, George ABSENT, OR NOT VOTING—21. W. Jones, Charles Ready, Samuel A. Smith, N. ENGLAND STATES, W. Appleton of Mass.-1. Frederick P. Stanton, Felix K. Zollicoffer-6. New-York-Geo. W. Chase, James Maurice-2. MISSOURI—Alfred W. Lamb, James J. Lindley, PENNSYLVANIA—None. New-JERSEY-None. John G. Miller, Mordecai Oliver, John S. Ohio-George Bliss, Moses B. Corwin--2. Phelps-5. ILLINOIS—Wm. H. Bissell--1. CALIFORNIA- None. ren-2. FLORIDA-A. E. Maxwell-1. INDIANA-Eben. M. Chamberlain-1. MICHIGAN-None, Iowa-John P. Cook-1. WISCONSIN-John B. Macy-1. Total from Free States--9. MARYLAND-John R. Franklin, Augustus R. NAYS-100. Sollers--2. VIRGINIA-Fayette McMullen–1. NORTH CAROLINA- None. DELAWARE-None, GEORGIA-Wm. B.W. Dent,James L. Seward_2. MISSISSIPPI— Wiley P. Harris-1. RHODE ISLAND- Thomas Davis, Benjamin B. Total from Slave States-12. CONNECTICUT—Nathan Belcher, James T. Pratt, The bill having been amended in the House so as to allow Aliens to vote, was sent back to the Andrew Tracy_3. New-YORK-Henry Bennett, Davis Carpen- following vote : tor, Gilbert Dean, Caleb Lyon, Reuben E. Fen- YEAS-Atchison (Mo.), Badger (N. C.), Benja. ton, Thomas T. Flagler, George Hastings, Solo- min (La.), Broadhead (Pa.), Brown (Mi.), Butler mon G. Haven, Charles Hughes, Daniel T. Jones, (S. C.), Cass (Mich.), Clay (Ala.), Dawson (Ga.), Orsamus B. Matteson, Edwin B. Morgan, Douglas (111.), Fitzpatrick (Ala.), Gwin (Cal.), William Murray, Andrew Oliver, Jared V. Peck, Hunter (Va.), Johnson (Ark.),"Jones (Iowa), Rufus W. Peckham, Bishop Perkins, Benjamin Jones (Tenn.), Mallory (Fa.), Mason (Va.), MorPringle, Russell Sage, George A. Simmons, ton (Fa.), Norris (N. H.), Pearce (Md.), Pettit GERRIT SMITH, John Wheeler--22. (Ind.), Pratt (Md.), Rusk (Texas), Sebastian New-JERSEYAlex.C. M. Pennington,Charles Ark.), Shields (I11.), Slidell (La.), Stuart (Mich.), Skelton, Nathan T. Stratton-3. Thompson (Ky.), Thomson (N. J.), Toombs (Ga.), OHIO--Edward Ball, Lewis D. Campbell, Wis.)-13. 3 |
