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.

the No member of any hold certain of

legislature shall

emo

fices during term of his election or

was for one year

thereafter; offi

§ 8. And be it further enacted, That no member of legislative assembly shall hold, or be appointed to, office which shall have been created, or the salary or luments of which shall have been increased, while he a member, during the term for which he was elected, and cers of U. S. exfor one year after the expiration of such term; but this cept postmasters restriction shall not be applicable to members of the first bers of the aslegislative assembly; and no person holding a commission sembly. 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.

not to be mem

power--in whom

to be exercised.

districts formed.

§ 9. And be it further enacted, That the judicial power of said The judicial territory shall be vested in a supreme court, district courts, vested and how 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 successors shall be appointed and qualified. The said territory shall be divided into three Three judicial 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 shall 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 pro- Jurisdiction of vided for, both appellate and original, and that of the pro- justices of the bate courts and of justices of the peace, shall be as limited peace. by law: Provided, That justices of the peace shall not Proviso. 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. Each Each district district court, or the judge thereof, shall appoint its clerk, clerk. who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs Writs of error, of error, bills of exception, and appeals, shall be allowed &c., 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

courts and of

court appoint its

Supreme court court, shall trial by jury be allowed in said court.

appoint its own clerk.

Writs of error and appeals from supreme

court when taken to supreme

States.

Exception.

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 United 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 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 Proviso as to fu- freedom: Provided, That nothing herein contained shall be gitives from justice and from la- 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 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 Habeas corpus. 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.

bor.

1793, ch. 7.

1850, ch. 60.

Fees of clerks.

The act-1793,

ch. 7, 1850, ch. 60, extended

tory.

§ 10. And be it further enacted, That the provisions of an act entitled "An act respecting fugitives from justice, and over this terri- 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.

and marshal,

pensation.

§ 11. And be it further enacted, That there shall be ap- The attorney pointed an attorney for said territory, who shall continue in tenure of their office for four years, and until his successor shall be ap- offices and compointed 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 when 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 service.

torney and mar

Each to take of

§ 12. And be it further enacted, That the governor, secre- The governor, tary, chief justices, and associate justices, attorney and secretary, chief justices, associmarshal, shall be nominated, and, by and with the advice ate justices, atand consent of the senate, appointed by the president of shal-how to be the United States. The governor and secretary to be appointed. appointed as aforesaid, shall, before they act as such, respect- ficial oaths, &c: ively 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 civic 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 go- Salary of govvernor shall receive an annual salary of two thousand five hundred dollars. The chief justice and associate justices Salary of chief shall each receive an annual salary of two thousand dollars. sociate judges.

ernor.

justice and as

Secretary's salary.

of members of

Pay of certain

house.

Proviso as to

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 payments shall be made until said officers shall have entered upon the duties of their respective appointments. The members Compensation of the legislative assembly shall be entitled to receive three the legislative dollars each per day during their attendance at the sessions assembly. 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, and assistant clerk, a sergeant-at arms, and doorkeeper, may be chosen for each house; and the chief clerk shall receive four dollars per officers of each day, and the said other officers, three dollars per day during the session of the legislative assembly; but no other officer shall be paid by the United States: Provided, That there number of ses shall be but one session of the legislature annually, unless, sions annually. 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 Contingent ex- territory, including the salary of a clerk of the executive penses provided 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 expenditures 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.

for.

Expenditures of legislative assembly limited.

Legislative as

its first session as directed by the governor.

§ 13. And be it further enacted, That the legislative assembly of the Territory of Nebraska, shall hold its first sembly to hold 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 Sent of govern- 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.

ment.

to the

United States.

§ 14. And be it further enacted, That a delegate to the A delegate to be House of Representatives of the United States, to serve for congress of the 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 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 the constitution and the laws of the United States which and applicable are not locally inapplicable, shall have the same force and laws of the U. S. effect within the said Territory of Nebraska as elsewhere in the territory within the United States, except the eighth section of the act eighth section of preparatory to the admission of Missouri into the Union, ch. 22, declared 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, com- . monly called the compromise measures, is hereby declared inoperative and void, it being the true intent and meaning The intent of of this act not to legislate slavery into any territory or this act concernstate 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 concerning slaor regulation which may have existed prior to the act of sixth March, eighteen hundred and twenty, either protecting, establishing, prohibiting, or abolishing slavery.

ehall be in force

except the

void.

ing slavery.

Proviso as to revival of laws

very.

1820, ch. 22.

ings.

§ 15. And be it further enacted, That there shall hereafter Appropriation be appropriated, as has been customary for the territorial for public buildgovernments, 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.

§ 16. And be it further enacted, That when the lands in Reservation for

schools.