Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-07-25
THE NEBRASKA BILL.
AN ACT TO ORGANIZE THE TERRITORIES
OF NEBRASKA AND KANSAS.


SECTION 1. BE ID enacted By the Senate and House
Of Representatives Of The United States IN Congress
assembled, That all that part Of the territory of
the United States included within the following
limits, except such portions thereof herein
after expressly exempted from the operations of
this act, to witt beginning at point in the Mis-
souri, river where the fortieth parallel of north
latitude crosses the same thence west on said
parallel to the east boundary Of the Territory Of
Utah, on the summit Of the Rocky Mountains;
thence on said summit northward to the forty
ninth parallel of north latitude; thence east on
said parallel to the western boundary OF the Ter
ritory of Minnesota; thence southwark 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 temporary Government by the name of the
| Territory Of Nebraska; and when admitted as a
State States, the said Territory, any portion
| of the same, shall DO received into the Union
with or without slavery, as their Constitution
may prescribe Mt 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, iosuch 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 pgson or property now pertaining
to the Indians in said Territory, SO long as such
rights shall remain unextinguished by treaty be-
tween 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 Terri \
tory of Nebraska, until said tribe shall signify
nf tla ,talG
to be included within the said Territory of Ne
braska, or to affect the authority of the Govern
ment of the United States to make any regulations
respecting such Indians, their lands, property,
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 ii further enacted, That the exec
utive power and authority in and over said Ter
rtory 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 APP
pointed to office under the laws of the said Ter
rtory, and shall take care that the laws be faith
fully executed.
SEC. 3. And be it further enacted, That there
shall be 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 Assem-
bly, hereinafter constituted, and all the acts and
proceedings of the Governor in his executive de-
partment he shall transmit one copy of the laws
and journals of the Legislative Assembly within
thirty days after the end of each session, and
copy Of the executive proceedings and official
correspondence, semi-annually on the first days
of January and July in each year, to the Presi-
dent 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 alb
sence of the Governor from the Territory, the Sec
rotary 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. ARd be IL further enacted That the legis-
lative power and authority of said Territory shall
be vested in the Governor and Legislative As
sembly. The Legislative Assembly shall consist
of Council and House of Representatives. The
Council shall consist Of thirteen members, hay-
prescribed, whose term Of service shall continue
two years. The House of Representatives shall,
at its first session, consist Of twenty-sx 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 Legisla-
tive 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 dis
tricts, for the election of the Council and Repre-
sentatves, 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, tho
Governor shall cause census or enumeration
of the inhabitants and qualified voters Of the
eral counties and districts Of the Territory, TO be
taken by such persons and in such mode rs the
Governor shall designate and appoint; and the
persons so appointed shall receive reasonable
compensation therefor. And the first election
shall be held at such time and places, and be con-
Quoted in such manner, both as to the persons
who shall superintend such election and the re-
turns 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 tho 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 I; 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: Propided, That in case two or more per-
sons voted for shall have an equal number of
votes, and in vacancy shall otherwise oc-
cur in either branch of the Legislative Assembly,
the Governor shall order new election; and the
persons thus elected to the Legislative Assembly
shall meet at such place and such day rs the
Governor shall appoint; but thereafter, the time,
nIoca and rnanner of holding and conducting ali