The national era. [volume] (Washington [D.C.]) 1847-1860, 1854-07-27
WASHINGTON, ID. C..
THE NEBRASKA BILL.
AN ACT TO ORGANIZE THE TERRITORIES
OF NEBRASKA AND KANSAS.


limits except such portions thereof as are herein
after expressly exempted from the operations of
this act, TO wit: beginning at point in the Mis-
souri, river where the fortieth parallel of north
latitude crosses the same thence west on said
parallel 10 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
State 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
-ProDided That nothing in this act contained shall
be construed 10 inhibit the Government of the
United States from dividing said Territory into
two or more Territories, in such manner and at
such times es Congress shall deem convenient
and proper, or from attaching any portion of said
Territory to any other State or Territory of the
United States: PrOUided 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 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
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
their assent to the President Of the United States
10 be included within the said Territory Of Ne
braSka, or to affect the authority Of the Govern
ment of the United States 10 make any regulations
respecting such Indians, their lands, property, or
other rights, by treaty, law, or otherwise, which
il would have been competent to the Government
10 make if this act had never passed
SEC 2. Ind Be Il further enacted, That the exec
utive power and authority in and over said Ter
ritory 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
raid Territory, and shall be commandments
d the militia thereof He may grant pardons
and respites for offences against the laws of said
Territory, and reprieves for offences againststhe
laws of the United States, until the decision OF
the President be made known thereon; he
shall commission all officers who shall be APP
pointed 10 Office under the laws of the said Ter
ritory and shall take care that the laws be faith
fully executed
SIC. 3. Ind be Il further enacted, That there
shall be a Secretary OF said Territory, who shall
reside therein and hold his Office for five years.
unless 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 one
copy of the executive proceedings and official
correspondence, semi-annualy, on the first days
Of January and July in each year, to the Pres-
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 il 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. Ind be Il further enacted. That the legis-
latiye power and authority Of said Territory shall
be vested in the Governor and Legislative AS
sombly. The Legislative Assembly shall consist
Of Council and House Of Representatives, The
Council shall consist Of thirteen members, hay-
ing the qualifications of voters 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 oil
Representative may be increased by the Legisla-
tive Assembly, from time TO time in proportion to
the increase Of qualified voters: Frorjded, That
the whole number shall never exceed thirty-nne
an apportionmcnt shall be made as nearly equal
as practicable, among the several counties or dis
trcts, for the election of the Council and Repre-
sentatiyes, giving to each section of the Territory
representation in the ratio Of its qualified voters
rs nearly 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, OF counties for which they may be elected
respectively. Previous to the first election, the
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 as the
Governor shall designate and appoint; and the
persons so appointed shall receive q 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 supcrlntend 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 OF
districts shall be entitled under this act The
persons having the highest number of legal votes
Ia each Of said Council districts for members oil
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 DO duly elected members of said
House: Prortdsi That in C ise two or more per-
sons voted for shall have an equal number OF
votes, and ia case yGgan = shall otherwise oc-
cur in either branch Of tie legislative Assembly
the Governor shall order a new election and the
persons thus elected 20 the Legislative Assembly
shall meet at such place aud such day as the
Governor shall appoint; but thereafter, the time
place, and manner of holding and conducting al
elections by the people, and the apportioning the
representation in the several counties or districts
TO the Council and House Of Representatives, &C
cording to the number of qualified voters, shall b,
prescribed b. law, rs well as the day of the com
mencement of the regular sessions of the Legisla
tive Assembly: PrOpided, That no session in am
oneyear shall exceed the term Of forty days excep
the first session, which may continue sixty days
SEC. 5. Ind be Il further enacted, That ever,
free bite male inhabitant above the age of TWEEN
ty-one years, who shall be an actual resident o
said Territory, and shall possess the qualification
hereinafter prescribed, shall be entitled to vot,
at the first election, and shall be eligible to am
Office within the said Territory; but the qualif
cations of voters, and of holding Office at al
subsequent elections, shall be such as shall b,
prescribed by the Legislative Assembly: Proride6
That the right of suffrage and of holding offic,
shall be exercised only by citizens of the United
States, and those who shall have declared on oatl
their intention TO become such, and shall have
taken an oath to support the Constitution of tn,
United States and the provisions of this act
And ropided further, That no officer, soldier. sea-
man, or marine, or other person in the army Oh
navy of the United States or attached to troop.
in the service of the United States, shall be al
lowed TO vote or hold Office in said Territory b,