OCR Interpretation


The Ashland Union. (Ashland, Ashland County, Ohio) 1854-1868, August 09, 1854, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83035173/1854-08-09/ed-1/seq-1/

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; ASHLAND, ASHLAND COUNTY, OHIO, WJEDNESDAY MORNING, AUGUST 9, 1854
NO. 11.
.( ;
7 ;
-" 'i ,V", , 1 1 i ii m"t'E' t '"r st-r"
4-i
Justness JDifcctorj). -,
, JAS. STEWART ..Phes't Judge.
T A. 1 CURTIS- - .Ptobatk Judob.
J. SHERIDAN ..CtKRK C. C. Pi-kas.
" J ALEX. PORTER Paos,Art'T.
CVOIITCOFriCEBS.
" '. ISAAC GATES ...Aupitob.
x JAMES W. BOYD. .. -Tkeascre.
:,aiOHND. JONES -Sheriff.
; 'ASA 8. REED. Recorder.
ORLOW SMITH -SuRVEro.
." " JOHN O. BROWN ..tCoroker.
GEO. M'CONNELL )
- LUKE SE LBY, Commissioners.
; ; AMOS HILBORN, ) -
.if DAVID BRYTE, - Ixfirmart
.PATRICK KELLEY, pSw
c WILSON BOTDORF, )
SCHOOL EXlHIMEBSi .
GEORGE W. HILL Ashland.
ORLOW S3IITH , Sulijvan.
"T-'J- McCORMICK -LouDONViLtK.
loitocrciH officers.
- WM RALSTON Mayor.
J.; MUSGRAVE -Recorder.
K. W. WALLACK----Treasurer.
-cj R. P. FULKERSON Marshall.
' -WOODRUFF, f TrC8TEE8.
H. AMES, .- . f
r.;,T. C. BUSHNELL. J . - - .
BOWIBSBS HOTEL,
i-T-rriLLIAM XIMMBRMAN. Praprtetcr; Bow
v V barcAshUod cooBty.Ohio. . -
EHFIBE BOUSE
ARBOR. Otil. s O. BATSOLDS, Proprietor.
Jawr . J54- 3-,
'mniikialtirWnlHnMuiHm that
. L In (rtH4 Hotel, ts ! U4 ia " MilUr
'J!o," dirctlr oppoiU ta. Bmpell Bim,
' Alala JtTMt, AsiilaaA, aaA rpect(uHy avliciu.
Mu. .ff la pvaiic ptvoi. ' ai. atbwui.
'a Aahlaad. March Wad, 1M4. C IT. - .
AKBBIMH HOUSE. .
" rpHB aadenf(ad aavtof Icaaed tae aboa boa.
. A far . (ra ( raara, raapactf u lljr a.l loi ta a ah at
" .f taa public patroaace. No effort will be pa ted
Vr-a aataileterta tkeMurort f all who way faTor
a - i. . ' ' -
e-H-MdraaMTllla, 18SX. -
D. J. BICB.
ii ii. .. -( FBABKL1H HOC8E.
mtli TVSO laaaed ta. aaoT vaa,4 Bwia. for a
XX teria of year, tbe anderaigned reapsctfulljr
'"allcHaaeaare.r the pablic patrooaf e. No pain
will spared to make canMoltaiJe ail Ikoae who
ti It.ei kin wilktull. -
lLMAMOBI5SOK.
5 a Jlaklaad', SoyJ , 1853. - gotf , .
FCLLEB nOCSE.
Ji tOStrB DBTABMAN, BaTlog again take. tk.
above Honae, will b. prepared to accommodate
all hlaoldrrleada wbo aoay favor bim witk a call.
L.a4oaTille. IloT.83d. 18S3. - hi
Jttlmr ai Lm, mnd Jmltic mf a Pttte,
"TTT1LL promptly attend to all baaineaa eatruated
. V to hi. care. JTj'Xtmc, corner of Main and
, W. JOH.UXBS,
il(rl af L-w, -
f OU DONTIIXB, Aakland conntr.Ohio. - Prompt
"JLa atteatioa give, to all buineea conaect' d with
I the legal profeaaioat. - Jane 14, IHM 3tf
5' . : feraB x. watbob,
rOla, OAia.
IasoB.n uiui
Jmklmwi, OAim.
VATSON ic. PABKEB,
Mttl'M a CriUm mt Lmw 4 AVrra a. Cheuctri;
H'J AVI5G formed a copartnership, "will gie
prompt attention to all baaineaa entrvatcd to
their car. in thla and aprrooudllTg coontica. Of-
i-j Aahlaad. Bt, SMJMf.
Bee nearly oppoait tae Hamaaeit uouas.
Stf
BOBEUT BEEJB
JMormtf and Cauuullar mt lam.
CK an Main Street. Wit of the 6amp-
aall Hooee. Ashland, Ohio.
Aahlaad. May 4th. IH64. - hltf
' " aoxtra . nuH. wituui a iium.
-S 'J KELLOW 4c ALLISON, '
Atttrmej at Law and Solicit rg in Chancery;
'. .-TTlLLattend t. all profeaeto.nl . baslnee. la
' W traated to their car., I. this sad. adjoiniag
-'conntiee. Aahland, Not. 3d. I8S3. SBtf
' " ! J. W. 89IITH, "
-';--" t ttarnet mni Cvmnttllor at Lav
c VFFICK .Tar Dng 8tora af Sampaell & Co. B.al--f
aaa. ia thii and neighboring counties prvmpt
'ly attaaded to.
rAahlaad, No. 3d. 1853. ; 3tf
vawa. . annar; ; " - alxz. roam.
-BUBJIllir k POBTEB
: JUf'i sal Csn7r at ia.
"7IlX attend promptly to .11 business entrusted
V V to their car. ia this and adjoining counties.
O flics on corner .f Main and Church streets.
. AahUad Not. 83d. 1653. tf
MatB rvobToa. I ' om m. m'ooMaa.
iftmi... ..il MMulfArf if flats
4-NFFlCB OB Main street, over th. Store Of T.
. VJ C Baahneil. Ashland, Ashland Connty, O. '
j November g3d.- M53. , S6tT
,i .THOKAII. BULL, .
fTOBNET AT LAW and- Joatic." of th.
STL Psacs, Loadorrille, Ashland Craty,Ohl.
. JwiaMrrjs, - -
etf
IXOX.
fa.
Jf. BOSS. BK.
PrmctitUnrr af MtOicint and Sargtrp, - '
lf ILL fir. prompt att.nrioa to all call, is
it J :- kia a(sai.B. ' .Jz, '. '
Haywiil., Jnly 6,1854.. wtf . .
r U. Cl aMW. M BKr
-FP1C apfOMMr . Kisser's Store,
SMwc, AaXsni, AahUad .Maty, Ohio.
yAsfcbBWd, Fsbssa, - ' -
i
6'
v-'i . 1. Lt CBAK E, Itf.
1 L
ff -f 7? i-: -tmrga and Otm&t, t- . . r-! -
FFICt, 'joiaihf Milii.gtOB'a Draf; Star
DDoeita P. at I . Biae.r's.atore. , ,
Aabiaad, April IStll, 1845 a48tf
.BJtta M: W. JIOHES, ,
. . Of tk tUltlU Schawl JVrsTteiaa.
'TTja'lJia tocatia Manjgbta Tewnahip, Asblaad
XXxoaaty, Ohio, eOers bis profeasional aervicaa
h. pabii's generally.' Particular at teati on paid
t. Cbnaai. diseases, heasnatismt Lisar and Lang
varpisiau, .14 Sorts, etc.. Cancers, Bchirrona
and Caaceroas Tamer, removed without tbe
kVnifs or Caustic. May 3. ie5t.-n50tf
v--- - DB, T1IOHAS RCaVlTES.
- tractiHant af Medici and Bniftri I '
SAVANNAH. Asblaad County, Ohio. Also. J.out-
ic. tae r-eace an. notary rsDlic.
47g.vembejB3d.M13. -'- -- 1 - Mtf ;
wf. IAHFSEL, M. B.
' TIHABK.FTL tor past favors, respectfally an
X Msiuji that be aaa resumed the practice of
'MatTcrac- rn'alt Its- breaches Office In th. m-yin-fra
I. B, V. BaJapnal ak CswAahiaad. O.
May 17th. 1854. ... ... gtf
... XB. I. W.BIBBLE,-;.,,,,
"' FrattitinMT mf MUicin md Bmrgtrf.
T TTxL L "attend to all bvstness connected wttb bis
rf I: PCSlrsssoau OAs. hn la. Cislrl af Troy. Aafe-
laad couaty. Ohio. ly4
. . DU4I. JT. A, dc Jl. COWAN,
tB ACTinOItERU OF MBD1C1NB AND BTJB
JT 8If, JacmavUba. Aahiaad county, Obi. -1
March 2dh. lOM. . . . . 45t ,
B. SOOBFEIXOVt: ; -
WATCH MAKER AND JEWEL
K R, liaaler in Watch.a. Jew
.ITT. Clacka.Yaake. BoIiona.eke.
Watch., aad Clocha repaired and
jiiiinr infold Gold and Ati T.r. OpposiM taa
Bampsel Hoaae.
Asaiaa. unis.
" Otf - - Dm 14. 1833.
riLLIABK BALSTOB,
SWATCH AND CLOCK MAKER, Post Of
?X Sc. Building, Main atreet, Asblaad,
TlOhio. -Gold and Steel Pans, and a choice
JsaJtvarietT f Jewelry, krrt eoasantly .a
baas, .tovsmber t3d, 1853. 8tf
: ; A BILL,
T00RGAS12S TEE TERRITORIES OF
. : NEBRASKA AND KANSAS.
Strike oat all after the enacting clause,
and insert t
That all that part of the territory of
the United State, included within the
following limits, - except such portion
thereof as are hereinafter expressly ex
erupted from the operations of this act,
to wit : beginning at a point in tbe Mis
souri river where the fortieth parallel of
north latitude crosses the same: tbence
west on said parallel to the east bounda
ry of the Territory of Utah, on tbe sum
mit 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 Territory of Minnesota; thence
southward on said boundary to the Mis
souri river : thence down the main chan
nel of said river to the place of begin.
ning, be, and the same is hereby created
into v temporary covernment by the
name of the Territory of Nebraska; and
when admitted as a State or States, the
said Territory, or any portion of the same
1 11 . y i . - -1 tt
snail Dv received, low sua uuiuu wuu ur
without slavery, as their, constitution
may prescribe at the time of their admis
sion: Provided, That nothing in this
act contained shall be construed to in-
bibit 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 con
venient and proper, or from . attaching
any portion of said .territory to any oth
er State or. Territory of the United
States ; . Provided further. That noth
ing in this act contained shall be constru
ed to impair the rights of person or prop
erty now Dertauunar to the - Indians in
said Territory, so long as such rights
shall remain unextinguished by.. treaty
between the United states and such In
dians, or to include any territory which,
by treaty with, any tribe, is not, without
the consent of said tribe, to be included
within the territorial limits of jurisdic
tion of any State or Territory ; but all
such territory shall be. excepted out of
the boundaries, and constitute no part of
the ' Territory of Nebraska, until said
tribe 6hall signify their assent to. the
President of the United States to be in
cluded within the said Territory of Ne
braska, or to affect the authority of the
government of the United States to 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.
Sxv u 'And be- it fOftiier:-eftactnt;A
That tbe 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 btates. 'lhc
governor shall reside within said Terri
tory, and shall be commander-in-chief of
the militia thereof. He may grant par
dons and respites for offences against the
laws of the United States, until the de
cision, 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 faith
fully executed. .
Sec. And be it further enacted,
That there shall be a secretary of said
Territory, who shall reside thereon and
hold his office for five years, unless soon
er removed by the President of the Uni
ted States ; he shall record and preserve
all the laws and proceedings of the leg
islative 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 J anu
ary and July in each year, to the Presi
dent of the United States, and two cop
ies of the laws to the President of the
Senate arfoHe. the Speaker of the House
of . Representatives,- to be deposited in
the .Libraries of Congress : and, in ease
of the death, removal,' resignation, or
absence of the governor from the Terri
tory, the scretary -ehall be, and he is
hereby, authorized and required to exe
cute and perform all the powers and du
ties of the governor daring such vacancy
or. absence, . or until another governor
shall be duly appointed and qualified to
fill such vacancy.
Sec. 4. And he it further enacted,
That the legislative, power and authori
ty of. said Territory shall be vested in
the goyernor snd s legislative assembly.
The -legislative assembly shall - consist
of a council and bouse of representatives.
The .council -shall consist of thirteen
members, having the qualifications of
voters; as hereinafter prescribed, whose
term of office, shall continue .two years.
The house of representatives shall, at
its first session,' consist of . twenty-six
Lnse&bera, possessing tbe same qualifica
tions as prescrioea tor memoers 01 ine
council, and whose term, of service shall
continue one year. . The number of rep
resentatives way be increased by the leg
islative assembly, from time to time, in
proportion to . the increase of qualified
voters : Provided, That the whole num
ber 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 representa
tion in the ratio of its qualified voters as
nearly as may be.. And the members of
the council and of the house of represen
tatives shall reside in, and be inhabitants
of, the district or county, or counties,
for which they may be elected, respect
ively. Previous to the first election,
the governor ahall cause s census, or
enumeration of the inhabitants and qual
ified 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 re
ceive 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 goveTrpor shall
appoint and direct; and he shall a't the
same time declare the number of mem
bers of the council and house of repre
sentatives to which each of the. counties
or districts shi.ll be' entitled under this
act. . Th persona naving tba highest
number of legal votes iu each of said
council districts for members of the conn-
oil, shall be declared by the governor to
be duly elected to the council ; and the
persons haying the highest number of
legal votes for the house of represents.
tives, shall be declared by the governor
to be duly elected members of said house :
Provided, That in case two or more per
sons voted for shall have an equal num
ber 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 there
after, the time, place, and manner of
holding and conducting all elections by
the people, and the apportioning the rep
resentation in the several counties or
districts to the council and house of rep
resentatives, according to the number of
qualified voters, shall be prescribed by
law, as well as the day of the commence
ment of the regular sessions of the leg
islative assembly : Provided, That no
one session in any one year shall exceed
the term of forty days, except the nrst
session, which may continue sixty days.
Sec. 5. And be tt further enacted,
That every free white male inhabitant
above the age of twenty-ono years who
shall be an actual resident of said Terri
tory,' 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 Ter
ritory ; but the qualifications of voters,
and of holding office, at all subsequent
elections, shall be such as shall be pre
scribed by the legislative assembly :
Provided, That the right of suffrage and
of holding office shall only be exercised
t . xl. . TT -AJ Cl.l 1
DJ citizens 01 tus uuiteu otatca uu
those who shall have declared on oath
their intention tp beeome such, and shall
have taken an oath to support the con
stitution of the United States and the
provisions ot this act : Ana provided
further, That no officer, soldier, seamen
or marine, or other person in the army
ed to troops in the service 01 the United
States, shall be allowed to vote or hold
office in said Territory, by reason of be
ing on service therein.
Bee. b. Ana be u juruier enacet,
That the legislative power of the Terri-
ritory shall extend to all rightful sub
jects of legislation consistent with the
constitution of the United btates and tbe
provisions of this act ; but no law shall
be passed interfering with the primary
disposal of the soil ; no tax shall be im
posed upon the property of the United
States ; nor shall the lands or other prop
erty of non-residents be taxed . higher
than the lands or other poperty 01 res
idents. Every bill which shall have
passed the council And house of repre
sentatives 'of the said Territory shall,
before it become a law, be presented to
the governor of the Territory ; if he ap
. ... . ... .i
prove, he snail sign it; put 11 noi, ne
shall return it with bis objections to tbe
house in which it originated, who shall
enter the objections at large on their
journal, and proceed to reconsider it.
Ifafter such reconsideration, two-thirds
of that house shall agree to pass the bill,
it shall be sent, together with the ob
jections, to the other house, by which it
shall likewise be reconsidered, and it
approved by two-thirds of that house,, it
shall become S law. 1 'But in all such
cases the votes of both houses shall be
determined by yeas and nays, to be en
tered on the journal of each house re
spectively. If any bill shall not be re
turned 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
signed it, unless the assembly, by adu
journment, prevent its return, in which
ease it shall not becomes lsw.
See. 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
ease 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 hrst
session of the legislative assembly ; and
shall lay off the necessary distri .-ts for
members of the council and house of rep
resentatives, and all other officers.
Sec. 8. And be tt further enacted,
That no member of the legislative assem
bly shall hold, or be appointed to, any
office which shall have been created, or
the salary or emoluments of which shall
have been'incrcased, while he was a mem
ber, during the term for which he was
elected, and for one year after the expi
ration of such term : but this restriction
shall not be applicable to members -of
the first legislative . assembly ; and no
person holding a commission or appoint
ment under the United btates, except
postmasters, shall be members of the leg
islative assembly, or shall hold any office
under tbe government of said 1 erritory.
Sec. 9. nd be -it further enacted.
That the judicial power of said Territo
ry shall be vested in a supreme court,
district courts, probate courts, and jus
tices of the peaee. The supreme court
shall consist of s chief justice and two
associate justices of the peace. ; The su
preme court shall consist of a chief jus
tice and two associate justices, any two
of whom shall constitute a quorum, and
who shall hold a term a t the scat of gov
ernment of said Territory annually, and
they shall hold their offices during the
period of four years, and until their sue
cessors shall be appointed and qualified,
The said Territory shall be divided into
three -judicial districts, and a district
c6nrt shall be held in each of said dis-
"trict's by one of the justices of the su
preme court, at such times and places as
may be prescribed by law ; and the said
judges shall, , after their appointment9,-
reatde in the districts JWbich shall be as.
signed them." - The jurisdiction of the
several courts herein provided for, both
appellate and original, and that of the
probate courts and of justices of tbe
peace, shall be limited by law : Provi
d d, That justices of the peace shall not
have jurisdiction of any matter in contro
versy 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 district court, or the
judge thereof, shall appoint its cierk-,
who shall also be the register in chance
ry, and shall keep his 6tfice at "the place
where the cdurt may be held. Writs of
error, bills 'of exception, and appeals.
shall be allowed in all cases from the final
decision of said district courts to the su
preme court, under such regulation as
may be prescribed by law ; but in no case
removed to the sapremc 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 ta
ken 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 cither 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 decison of the
said supreme court created by or of the
district courts is ereated by this act, or
habeas corpus, involving the question 01
personal freedom : Prowled, 1 hat noth
ing herein contained shall be construed
to apply to or affect tbe 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 sup
plementary to the aforesaid act ," ap
proved 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 United States ; and the said su
preme and district . courts of the said
Territory, and the respective judges
thereof, shall and may grant writs of ha
beas corpus in all cases in which the
same are granted by the judges of the
United States in the District of Colum
bia; 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 clerks shall receive in all such
cases the same fees which the clerks of
the district courts of Utah Territory now
receive for similar services.
Sea-10. And be it further enacted,
That the provisions of an act entitled
" An at respecting fugitives from jus
ticej and persons escaping from the ser
vice of their mastersj1 approved Febru
ary twelfth) seventeen hundred and nine
tythree) and the provisions of the act
entitled "An act to amend, and supple
mentary to, the aforesaid act," approv
ed 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 Ne
braska.' '
Sec. 11. And be it further enacted,
That there shall be appointed an attor
ney for said Territory, who shall contin
ue in office four years and until his suc
cessor 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- 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 juris
diction 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 Ter
ritory 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 jus
tice, and associate justice, attorney, and
marshal, shall be nominated, and by and
with the advice and consent of the Senate
appointed by the President of the Uni
ted States. The governor, and secreta
ry to be appointed as aforesaid shall, be
fore they act as such, respectively take
an oath or affirmation before the district
e or some justice of the peace in the
limits of said Territory, duly authorised
to administer oaths and affirmations by
the law now in force therein, or before
the chief justice or some asaociateustice
of tbe bupreme 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 cer
tified by the persdn oy whom the same
shalVVe been taken ; and such certifi
eatesvoUall be received and recorded by
;S ' -.-iu avt-rcbsrv aiu'jiiir iuc vacvuu'c
J-S-T, i . t A 1
tr l Jtdlnira and the chief iustiee and
1 . , I O-T
ntltate justice, and all other civil offi
cers: tp said Territory, before they act as
such, shall" take a like oath or amrma
tioflpfbefore the said governor or secreta
ry, or some judge or justice ot the peace
of tha Territory who mny be duly com
missioned and qualified, which said oath
or affirmation shall be certified and trans
mitted 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, ccrti-
fiedand 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, frdm the
dates of the respective appointments-, at
the treasury of the United States ; but
ho 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
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, es
timated according to the nearest usually
traveled route ; and an additional allow
ance 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, s scrgeant-at-arms,
and door keeper, may be ehosen
for each house ; and the chief clerk shall
receive four dollars per day, and the said
other officers three dollars per day, du
ring the session of the legislative assem
bly ; but no other officers shall be paid
by the United States : Provided, That
there shall be but one session of the leg
islature annually unless, on an extraor
dinary occasion, the governor shall think
prdfter to call the legislature together.
There shall be appropriated, annually,
tha riRTial mi m. to be emended bv the
penses of tbe Territory, including tbe
salary of a clerk of the executive depart
ment ; and there shall also be appropri
ated, annually,' a sufficient sum, to be
expended by the secretary of the Terri
tory, 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 ;
. , 1
and the governor ana secretary 01 tne
Territory shall, in the disbursement of
all moneys intrusted to them, be govern
ed solely by the instructions of the Sec
retary of the xreasury 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
bo made by said legislative assembly
for objects not specially authorized by
the acts, of Congress making the appro
priations, nor beyond the sums thus ap
propriated 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 ses
sion, or as soon- thereafter as they shall
deem expedient, the governor and legis
lative 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 as
sembly. 0 .
Sec. 1 4. " And be tt further enacted,
That a delegate to the House of Repre
sentatives of the United States, to serve
for the term of two yearsi who shall be
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 en
joyed by the delegates from the several
otner .t erritories 01 me unitea Duties io
the Baid ' House of Representatives, but
the delegate first elected shall hold his
seat only during the term of the Con
gress to which he shall be elected. - The
? . .. .... ... ...
first election shall De neia at sucn time
and places, and be conducted in such
manner, as the governor shall appoint
and direct ; -and at all subsequent elec
tions the times, places, and manner of
holding the elections, shall be prescribed
by law. . The person bavmg the great
est number of votes shall be declared by
the governor, to be duly elected, and a
certificate thereof Bhall be given accord
ingly. 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 Con
gress with slavery in the States and Ter
ritories, as recognised by the legislation
of eighteen hundred and fifty, commonly
called the compromise measures, is here
by declared inoperative and void ; it be
ing the true intent and meaning of this
act not to legislate slavery into any Ter
ritory or state, nor to exclude it there
from, but to leave the people thereof
perfectly free to form and regulate their
domestic institutions in their-awn way,
subject only to the constitution of the
United States ; Provided, That noth
ing herein contained shall be construed
to revive or put in force any law or reg
ulation which may have 'existed prior to
the act ot sixth inarch, eighteen hundred
and twenty, either protecting, establish
ing, prohibiting, or abolishing slavery.
Sec. 15. And be it further enacted,
That there shall hereafter be appropria
ted, as has been customary for the ter
ritorial governments, a sufficient amount,
to be expended under the direction of-
of the said governor of the Territory of
.Nebraska, not exceeding the sums here.
tofore appropriated for similar objects,
for the erection of suitable public build
ings at the scat of government, arid 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 taid Territory, and such
other persons, and under such regula
tions, as shall be prescribed by law.
Sec. 1 6. And be it further enact d,
That when the lands in the said Terri
tory sha'l be surveyed under the direc
tion 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 be
ing appiie'd to schools in said Territory,
and in the States and Territories "here
after t6 Ire erected oat of the same.
Sec. 1 7: 'And be it further ena ted,
That, until otherwise provided by law,
the governor of said Territory may de
fine the judicial districts of said Terri
tory, and assign the judges who may be
appointed for said Territory to the sev
eral districts ; and also appoint the timet
and places for holding courts in the sev-
ral 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 sssign the
judges, and alter the times and places,
of holding the courts, as to them, shall
seem proper and convenient.
bee, 18. Lnd be u 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 Pi ebraska, who, by virtue of tbe pro
visions of any law now existing, or which
may be enacted during the present Con
gress, are required to give security for
moneys that may be intrusted with them
for disbursement, shall give such securi
ty, at such time and place, aad in such
manner, as the Secretary of the Treasu
ry may prescribe.
-Seer- iAna be tt further enacted.
That all that part of the territory of the
United States included within the fol
lowing limits, except such portions there
of, 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 lati
tude crosses the same ; thence west on
said parallel to the eastern boundary of
JNew 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 the said summit to
the fortieth parallel of latitude ; thence
east on said parallel to the western boun
dary 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 tem
porary 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 re
ceived into the Union with or without
slavery, as their constitution may pre
scribe at" the time of their admission :
Provided, That nothing in this act con
tained 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 attach
ing any portion of said Territory to any
other State or Territory of the U. S-;
Provided further, lhat nothing in this
act contained shall be construed to im
pair the rights of persons or property
now pertaining to the Indians in said
Territory, as long as such rights shall
remain unextinguished by treaty be
tween the United States and such In
dians-, 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 effect the authbri y 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. Aud be tt further enacted,
That the executive power and 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 qual
ified, unless sooner removed by the Pres
ident of the United States. The gov
ernor, shall reside wiihin said Territory,
and shall be commander-in-chief of the
militia thereof. He may grant pardons
and respites for offences against laws of
said Territory, and reprieves for offence-
es against the laws of the United States,
until the decision of the President can
be made known thereon ; he shall com- j
mission all officers "who shall be appoint
ed to office under the laws of the said
Territory, and shall take care that the
laws be faithfully executed.
Sea 21. And be it further enacted,
That there shall be'a 'secretary of said
Territory,- who shall reside therein1, 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 legisla
tive assembly hereinafter constituted.
and all tbe acts and proceedings of the
governor in bis executive department :
he shall transmit one copy of the laws
J 1 Tab JJf r.k- 1 - i! .V
suu juuriusis ui bug rcgiaiabive anovmuiy
within thirtv 'davb after the end at each
session, and 'One 'copy of the. executive
proceeding and official correspondence
semi-antrMlyy on the first days of Janu
ary afi'd 'J uly in each year, to the Pres
ident of the United States, and two cop
ies 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 ease of
the death,- removal, resignation, or ab
absence of the governor from the Ter
ritory, the secretary shall be. and he ia
hereby, authorised and required to ex
ecute and perform all the powers and
duties of the governor during such va
cancy or absence, or until another gov
ernor shall be duly appointed and qual
ified 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 & legislative assembly.
The legislative assembly shall consist of
a council And house of representatives.
The csuncii shall consist of thirteen
members, having the qualifications of
voters, sS hereinafter prescribed, whose
term of service shall continue two years.
Thu house of representatives shall, at its
first session, consist of twenty-six members-,
possessing the same qualifications
S's rir eacrt bed for members of the council.
nd whose term of service shall continue
one year. The number of representa
tives may be increased by the regulative
assembly, from time to time, in propor
tion to the increase of qualified voters :
Provided, that the whole number shall
never exceed thirty-nine. An appor
tionment ahall be made, as nearly equal
as practicable, among the several coun
ties or districts, for tbe election of the
council and representatives, giving to
each section of the Territory representa
tion in the ratio of its qualified voters
as nearly as may be. And the members
of the council and of the house of rep
resentatives shall reside in, and be in
habitants of, the district Or county, or
counties, for which they may be elected
respectively. Previous to the first elec
tion, the gevernor shall cause a census,
or enumeration of the inhabitants and
qualified voters of the several counties
and distrio' s of the Territory, to be ta
ken by such persons and in such mode
as the governor shall designate and ap
point; and the persons so appointed
shall receive a reasonable compensation
therefor. And the first election shall be
held at such time and place, and be
conducted in such manner, both as to the
persons who shall superintend such elec
tions and the returns thereof, as the gov
ernor shall appoint and direct ; and he
shall at the same time declare the num
ber of members of the council and house
of representatives to which each of the
counties or districts Bhall 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 persous having the highest num
ber of legal votes for the house of repre
sentatives, shall be declared by the gov-
1 T 1 u n
ernor to be duly elected members or
said house : Provided, That in case two
or more persons voted for shall have an
equal number of votes, and in case s va
cancy 8 hall otherwise occur in either
branch of the legislative assembly, the '
governor shall order a new election;
and the persons thus elected to the leg
islative 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 con
ducting all elections by the people, and
the apportioning the representation in
the several counties or districts to the
council and house of representatives, ac
cording to the number of qualified vo
ters, shall be prescribed by law. as well
as the day of the commencement of the
regular session of the legislative assem
bly ; 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 tt further enacted,
That every free white male inhabitant
above the age of twenty-one years who
shall be an actual resident of - said Ter
ritory, and shall possess the qualifica
tions 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 sub
sequent elections, shall be such as shall
be prescribed by the legislative assembly:
rrovided, That the right of sufirage and
of holding efficel shal be exercised only
by citizens of the United States, and
those who shall have declared on dath
their intention to become Sue hi and
shall have taken an oath to support the
constitution of the United States and
the provisions of, this act : And provi.
ded further, That no officer; soldier, sea
man, or marine, or other persons in the
army or navy of the United " States, or
attached ' to troops in the service of the
United States, shall be allowed td vote
or hold office in said Territory by rea
son of being on service therein, -
Sec. 24. And be it further enacted,
That the legislative power of the Ter
ritory shall extend to all rightful sub
jects of legislation consistent with the
constitution ot tbe united btates and the
provisions of this act ; but. no law shall
be passed interfering with the primary
disposal of the soil ; no tax shall be im
posed upon the property of the United ,
States ; nor shall the lands or other
property of non-residents be taxed high
er than the lands or. other property of
residents. Every bill which shall, have
passed the council and house sf repre
sentatives of said Territory shall, "before
it beexrme s bw, be presented to the gov
ernor of Ihe Territory; if he-approve,
he shall sign it ; but if not, he snail re
turn it with his objections to the house
in which it originated, who shall enter
the objections at large on their journal)
and proceed to consider it. If, after
such consideration, two-thirds of that
house shall agree to pass the bill, it shall
be sent, to gether with the objections, to
the other house, by which it sKall
wise be reconsidered, and if approved
by two-thirds of that house, it shall be
eome s law. But in all such esses 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
sssembly by adjournment, prevent its
return, in whioh esse . it shall not be a
law.
Sec. 25. And be it further enacted.
That all township, district and county
officer, not herein otherwise provided
for, shall be appointed or elected, as the
ease may be, in such maner as shall bs
provided by the governor and legislative
assembly of the Territory of Kansas.
The governor shall nominate, and by
and with the advies aad consent of this
legislative council, appoint all offieers
not herein otherwise provided for; and
in the first instance the governor alone
may appoint all said o fleers, who shall
hold their offices until the end of the
first session of the legislative assembly j
and shall lay off the necessary districts
for members of the council and house of
representatives, aad all other offieers.
Seo. 26. And be it further enacted)
That no member of the legislative aa
sembly 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 restric
tion shall not be applicable to mem
berg of the first legislative assembly st
and no person holding a commission 0?
appointment under the United State;
except post masters, shall be member
of the legislative assmbly, or shall hold
any office under the government of said
Territory.
Sec. 27. And be it further enacted)
That the judicial power of said Ter
ritory shall bo vested in a supreme
court, district courts, probate courts;
and in justices of the peace. The su3,
preme court shall consist . of aw chief
justice and two associate justices, any
two of whom shall constitute a quorum,
and who-shall hold a t rm at the seat of
government of said Territory annually i
and they shall hold their offices during
the period of four years, and until their
successors shall be appointed and quaii- .
fied. The said Ten-it ry shall bo divided '
into three judicial district,, and a dis
trict court shall be held in each of -said
districts by one of the juatioes of the"
supreme court, at such times and placet'
as may be prescribed by law : and said
judges shall, after their appointments,
respectively, reside in the districts which
shall be assigned them. The jurisdic-:
tion of the several courts herein nrovi- .
ded for, both appellate and original; tncl
that of the probate courts and of justice
of the peace, shall be as limited by law 3
Provided, That justices of the peace!
shall not have jurisdiction of any matter
in controversy when the title or bounda
ries of land may be in dispute, or where
the debt or sum claimed shall exceed
one hundred dollars; and the said su
preme and district courts, respectively
shall possess chancery as well as com
mon " law jurisdiction. Each distrio t
court, or the judge thereof, shall appoint
its cierx, wno shall also be the register
in chancery, and shall keep his office at
the place where the eourt may be held
Writs of error, bills of exception, ana
appeals, shall be allowed in all cases .
from the final decisions of said district
courts to the supreme eourt, under such
regulations as may be prescribed by law;
but in no ease 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
cierx, ana every clerk shall hold his of
fice at the pleasure of the court for which
he shall nave been appointed.. Writs of
error, and appeals from the final ctocisi
ions of said supreme cour t, shall be al
lowed, and may be taken to the Supreme
Court of the United SUtea, in the satire
manner and under the same regulation!
as from the circuit courts of the United
States, where the value of the property;
or the: amount in controversy, to- be as
certained by th oath or affirmation of
either party, or other competent witness,
shall exceed one thousand dollars; ex
cept only that in all cases involving title
to slaves, the said writs of error or ap
peals shall be allowed and ' decided by
the said supreme court; without regard
o me vaiue 01 tne 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 sot,
or of any judge thereof, or of the dis
trict cdurts created by this act. or" of ihf
judge thereof, upon a writ of habeas
corpus; involving the question of person- .
at ireeaom : 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 th ierr'ice'
of tbeir masters," appTOvea' Fetfrtiarjr
twelfth , seventeen hundred and ninety
three, and the " act to amend the sup
plementary to the , aforesaid act, " ap-'
proved 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 invested in the circuit
and district courts of the U. States; and
the said supreme and district, courts of
tne x erritory, and toe respective judges
"ottcit&leA 01 fouitft fi9ge.j

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