voters.

Proviso.

Qualifications of § 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 proFurther proviso. visions 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.

Who have the

right of suffrage and of holding

office.

Legislative power of the territory defined.

§ 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 Governor's veto. 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 reconpassed by two sideration, two-thirds of that house shall agree to pass the house notwith-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 jourBills to become nal of each house respectively. If any bill shall not be a law unless re- 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.

Bills may be

thirds of each

standing.

turned within three days.

How township,

§ 7. And be it further enacted, That all township, district, district and and county officers, not berein otherwise provided for, shall county officers be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislative

are to be ap

pointed.

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.

legislature shall

fices during term

§ 8. And be it further enacted, That no member of the No member of legislative assembly shall hold, or be appointed to, any hold certain ofoffice which shall have been created, or the salary or emo- of his election or luments of which shall have been increased, while he was for one year a member, during the term for which he was elected, thereafter; offiand cers of U. S. exfor one year after the expiration of such term; but this cept postmasters restriction shall not be applicable to members of the first bers of the aslegislative assembly; and no person holding a commission sembly. or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or hold any office under the government of said territory.

not to be mem

power--in whom

to be exercised.

districts formed.

§ 9. And be it further enacted, That the judicial power of said The judicial territory shall be vested in a supreme court, district courts, vested and how probate courts, and in justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said territory annually, and they shall hold their offices during the period of four years, and until their successors shall be appointed and qualified. The said territory shall be divided into three Three judicial judicial districts, and a district court shall be held in each of said districts by one of the justices of the supreme court, at such times and places as shall be prescribed by law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein pro- Jurisdiction of vided for, both appellate and original, and that of the pro- justices of the bate courts and of justices of the peace, shall be as limited peace. by law: Provided, That justices of the peace shall not Proviso. have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction. Each Each district district court, or the judge thereof, shall appoint its clerk, court appoint its who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs Writs of error, of error, bills of exception, and appeals, shall be allowed in all cases from the final decisions of said district courts to the supreme court, under such regulations as may be prescribed by law; but in no case removed to the supreme

courts and of

&c., allowed.

appoint its own clerk.

Writs of error and appeals from supreme

court when taken to supreme

States.

Exception.

Supreme court 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 United Court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars; except only that in all cases involving title to slaves, the said writs of error, or appeals shall be allowed and decided by the supreme court, without regard to the value of the matter, property or title in controversy; and except also that a writ of error or appeal shall also be allowed to the supreme court of the United States, from the decision of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus, involving the question of personal Proviso as to fu- freedom: Provided, That nothing herein contained shall be gitives from justice and from la construed to apply to or affect the provisions of the "act respecting fugitives from justice, and persons escaping from the service of their masters," approved February twelfth, seventeen hundred and ninety-three, and the "act to amend and supplementary to the aforesaid act," approved September eighteen, eighteen hundred and fifty; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution and laws of the United States as is vested in the circuit and district courts of the United States; and the said supreme and district courts of the said territory, and the respective Habeas corpus. judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are granted by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws, and writs of error and appeal in all such cases shall be made to the supreme court of said territory, the same as in other cases. The said clerk shall receive in all such cases Fees of clerks. the same fees which the clerks of the district courts of Utah territory now receive for similar services.

bor.

1793, ch. 7.

1850, ch. 60.

§ 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.

tenure of their

pensation.

§ 11. And be it further enacted, That there shall be ap- The attorney pointed an attorney for said territory, who shall continue in and marshal, office for four years, and until his successor shall be ap- offices and compointed and qualified, unless sooner removed by the president, and who shall receive the same fees and salary as the attorney of the United States for the present Territory of Utah. There shall also be a marshal for the territory appointed, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be entitled to the same fees, as the marshal of the district court of the United States for the present Territory of Utah, and shall, in addition, be paid two hundred dollars annually as a compensation for extra service.

ap

torney and mar

Each to take of

§ 12. And be it further enacted, That the governor, secre- The governor, tary, chief justices, and associate justices, attorney and secretary, chief justices, associmarshal, shall be nominated, and, by and with the advice ate justices, atand consent of the senate, appointed by the president of shal-how to be the United States. The governor and secretary to be appointed. pointed as aforesaid, shall, before they act as such, respect- ficial oaths, &c: ively take an oath or affirmation before the district judge, or some justice of the peace in the limits of said territory duly authorized to administer oaths and affirmations by the laws now in force therein, or before the chief justice or some associate justice of the supreme court of the United States, to support the constitution of the United States and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the said secretary, among the executive proceedings; and the chief justice and associate justices, and all other civic officers in said territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the territory, who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid; and afterwards the like, oath or affirmation shall be taken, certified and recorded, in such manner and form as may be prescribed by law. The go- Salary of govvernor shall receive an annual salary of two thousand five hundred dollars. The chief justice and associate justices and asshall each receive an annual salary of two thousand dollars. sociate judges.

ernor.

Salary of chief

Secretary's salary.

of members of

assembly.

Pay of certain

house.

Proviso as to

The secretary shall receive an annual salary of two thousand dollars. The said salaries shall be paid quarter yearly, from the dates of the respective appointments, at the treasury of the United States; but no such payments shall be made until said officers shall have entered upon the duties of their respective appointments. The members Compensation of the legislative assembly shall be entitled to receive three the legislative dollars each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually traveled route, and an additional allowance of three dollars shall be paid to the presiding officer of each house for each day he shall so preside. And a chief clerk, and assistant clerk, a sergeant-at arms, and doorkeeper, may be chosen for each house; and the chief clerk shall receive four dollars per officers of each day, and the said other officers, three dollars per day during the session of the legislative assembly; but no other officer shall be paid by the United States: Provided, That there number of ses- shall be but one session of the legislature annually, unless, on an extraordinary occasion, the governor shall think proper to call the legislature together. There shall be appropriated, annually, the usual sum, to be expended by the governor, to defray the contingent expenses of the Contingent ex- territory, including the salary of a clerk of the executive penses provided department; and there shall also be appropriated annually, a sufficient sum, to be expended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental expenses; and the governor and secretary of the territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the secretary of the treasury of the United States, and shall, semi-annually, account to the said secretary for the manner in which the aforesaid moneys shall have been expended; and no expenditures shall be made by said legislative assembly for objects not specially authorized by the acts of congress, making the appropriations, nor beyond the sums thus appropriated for such objects.

sions annually.

for.

Expenditures of legislative assembly limited.

Legislative as

its first session

the governor.

§ 13. And be it further enacted, That the legislative assembly of the Territory of Nebraska, shall hold its first sembly to hold session at such time and place in said territory as the goas directed by vernor 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 Seat of govern- to locate and establish the seat of government for said territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly,

ment.