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Kansas-Nebraska Act of 1854 |
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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 he reinafter 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 s. 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 d 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 c
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 al1 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 chin
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
ent9. 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 c 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 e 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 o 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 t 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 disposa1 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,
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