John G. (John Gaylord) Wells.

Wells' illustrated national campaign hand-book for 1860 online

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or attorneys, whether such supposed fugitives from service or labor be
ordered to be delivered to such claimants by the final determination
of such Commissioner or not.

8kc. 9. That, upon affidavit made by the claimant of such fugitive,
[lis agent or attorney, after such certificate has been issued, that
lie has reason to apprehend that such fugitive will be rescued by force
from his or her possession before he can be taken beyond the limits of
the state in which the arrest is made, it shall be the duty of the officer
making the arrest to retain such fugitive in his custody, and to remove
him to the state whence he fled, and there to deliver him to said
.claimant, his agent or attorney. And to this end. the offia.'r afore-
said is hereby authorized and required to employ so many persona



CO FCRITIVE SLAVE LAW

xi he may deem necessary to overcome such force, and to re'^ain them
in his service so long as circumstances may require. The said officer
<4ud his assistants while so employed to receive the same compensation,
md to be allowed the same expenses as are now allowed by law tor
:ransportalion of criminals, to be certified by the judge of the district
vithij) which the arrest is made, and paid out o^' the treasury of the
United States.

OE(;. 10. That when any person held to service or labor in any
state or territory, or in the district of Columbia, shall escape there-
from, the party to whom such service or labor may be due, his, her,
or their agent or attorney, may apply to any court of record therein,
or judge thereof in vacation, and make satisfactory proof to such
court, or judge in vacation, of the escape aforesaid, and that the
person escaping owed service or labor to such party. Whereupon
the court shall cause a record m be made of the matters so proved,
and also a general desoription of the person so escaping, with such
convenient certainty as may be ; and a transcript of such record,
authenticated by the attestation of the clerk and of the seal of the
said court, being produced in any other state, territory or district in
which the person so escaping may be found, and being exhibited
to any Judge, Commissioner, or other officer authorized by the law
of the United States to cause persons escaping from service or labor
to be delivered up, shall be held and taken to be full and conclusive
evidence of the fact of the escape, and that the service or labor of the
person escaping is due to the party in such record mentioned. And
upon the production by the said party of other and further evidence
if nece.ss9.ry, either oral or by affidavit, in addition to what is con-
tained in the said record of the identity of the person escaping, he or
she shall be delivered up to the claimant. And the said Court, Com-
missioner, Judge, or other person authorized by this Act to grant cer-
tificates to claimants of fugitives, shall, upon the production of the
record and other evidences aforesaid, grant to such claimant a certifi-
cate of his right to take any such person identified and proved to be
owing service or labor as aforesaid, which shall authorize such claim-
ant to seize or arrest and transport such person to the state or terri-
tory from which he escapetl : Provided, That nothing herein contained
shall be construed as requiring the production of a transcript of such
record as evidence as aforesaid. But iu Its absence the claim shall he.
heard and determined upon o'her satisfactory proofs, competent in law

Approved September 18, IB 50.



CI

KANSAS AND NEBRASK K ACT OF 1854.

All Act to Organize the Territories of Nebraska and Kansas.

Be it eriaded hij the flenate and Hwise of RepresciUntives of ttu
United States of America in Congress as^anhled, 'I'lial all that pail of
the territory of the Uuite-d States incluiled witliin the following limits,
o.vcept such portions thereof as are hereinafter expressly exerapted
from the operations of this Act, to wit : be<;inniu,<j at a point in the
Missouri river where the fortieth parallel of north latitude crosses the
same ; thence west on said parallel to the east boundary of the terri-
tory of Utah on the summit of the Rocky Mountains ; thence on said
summit northward to the forty-ninth parallel of north latitude ; thence
east on said parallel to the western boundary of the territory of Minne-
sota ; 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 of 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 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,
60 long as such rights sliall 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 Nebraska, until
Baid 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 to make
any regulations respecting such Indians, th'^ir lands, property or other
rights, by treaty, law, or otherwise, which it would have been compe-
tent to the government to make if this Act had never passed.

Sec. 2. That the executive power and authority in and over said
erritory 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 com-
jiander-in-chief of the militia thereof. He may grant pardons and
respites for ofiPeuces against the laws of said territory, and reprieves for
offences againet the laws of the United States, until the decision ot



Ci2 KANSAS AVn NEBRASKA ACT.

the President can be, made known thereon ; he shall commission all
oflScera who shall be appointed to ofifiice under the laws of the said ter-
ritory, and shall take care that the laws be taithfully executed.

Sec. 3. That there shall be a secretary of said territory, who shall
reside therein, and hold his office tor 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
consiituted, and all the acts and proceedings of the Goveraor 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
thfc 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. 4. That the legislative power and authority of said territory
shall be vested in the Governor and a Legislative Assembly. The Legis-
lative 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 con-
tinue two years. The House of Representatives shall, at its first
session, consist of twenty-six members, possessing the same qualifica-
tions 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 propor-
tion 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, tht
district or county, or counties, for which they may be elected respect-
ively. Previous to the first election, the Governor shall c^irse a c-ensus
or enumeration of the inhabitants and qualified voters c'l th,e several
counties and districts of the territory, to be taken by su :h ;yP*-3ons and
in such mode as the Governor shall designate and apro'./)^ , and the
persons so appointed £-hall receive a reasonable cuinpen'.d'.irii therefor
And the first election shall be held at such times acJ places, and
be conducted in such manner, both as to the persons ■^,ho shall super-
intend sucli election and the returns thereof, as the Goveriior shaU
ajjpoint and direct ; and he shall at the same time declare tho u'jmbei
of members of the Council and House of RepreGCutatives to which each
of the counties or districts Saiall be entitled vmder this Act. Thf. per-



KANSAS AND NEBI.ASKA ACT.



fi3



sons having the highest number of legal votes in each of said Council
districts I'or members of the Council, shall be declared by the Governor
to be duly el-ected 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
a either branch of the Legislative Assembly, the Governor shall order
n new election ; and the persons thus elected to the Legislative Assem-
■)ly 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 repre-
sentation 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
f^rst session, which may continue sixty days.

Sec. .5. 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 entitlea
to vote at the first election, and shall be eligible to any office withic
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 Constitutou 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 saici
territory, by reason of being on service therein.

Sec. 6. 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 objec-
tions to the House in which it originated, who shall enter the objec-
tions at large on their journal, and proceed to reconsider it. If, after
Buch reconsideration, two-thirds of that House shall agree to pass the
■bill, it shall be sent, together with the objections, to the r .her Huose,
y whibch it shall likewise be reconsidered, and if approved by two-
thirds of thi^t House, it shall become a law. Bat in .ill such oases the



C4 KAKSAS AND NEBRASKA ACT.

votes of both Houses shall be determined by yea.? and nays, to be
entered on the journal of each House respectively. If any bill shall not
be returned by the Governor within three d^ys (Sundays excepted)
after it shall have been presented to hiin, the same shall be a law
in like manner as if he had sifrned it, unless the Assembly, by adjourn-
ment, prevent its return, in which case it shall not be a law.

Src. 7. 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 Legisla-
tive 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 L<;gisla-
tive Assembly ; and siiall lay off the necessary districts for raemberg
cf the Council and House of Representatives, and all other officers.

Sec. 8. 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 terra for which he was elected, and for one year
after the expiration of such term ; but this restriction shall not be
applicable to rSfembers 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 goyernment of said territory.

Sec. 9. 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 ft)ur
years, and until their sui^cessors shall be appointed and qualified. The
said teri-itory shall be r^ivided into three judicial districts, and a
District Court shall be held in each of said districts by cue 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 appoint-
ments, respectively, reside in the district which shall be assigned them.
The jurisdiction of the several courts herein provided for, both appel-
late and original, and that of the Probate Courts and of Justices of
the Peace, shall be as limited ^y law : Provided, That Justices of the
Peace shall not have jurisdiction of any matter in controversy when
tiie 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 clerk, who shall also be the register in cliaiicery, aiiJ
shall keep his office at the place where the court may be held. , Writ?
of error, bills of exception, and appeals, ^hall be allowed in all casea
from th£ fiual decision of said District C jurts to the Supreme Court,



KAN'^AS A\D NETKAPKA ACT.



(U



under such regulations as ntay 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 tliereot', sh;;ll appoint
it8 own clerk, and every clerk shalj hold his ollice at the phasure
of the court for which he shall have bsc!) appfiinted. Writs of envjr,
and appeals from the final decision of said Supreme Court, shall be
allowed, and may be taken to the Supreme Court of the United Stales,
in the same manner and under the same reg-ulations as from tho
Circuit Courts of the United States, where the value of the property,
or the amount in controversy, to be ascertained by the oath or alBnn-
ation of either party, or other corapet_'nt 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 confl-oversy ; and e.xcept also that a writ of error
or appeal shall also be allowed to the Supreme Court of the United
States, from the decisions 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 mastei*s, " approved February twelfth, seven-
teen hundred and ninety-three, and the "Act to amend and supple-
mentary 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 Constitu-
tion and laws of the United States as is vested in the Circuit and Dis-
trict 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. That the provisions of an Act entitled " An Act respect-
ing fugiti'ies 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 Septem-
ber eigh*een, 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. That there shall 1>8 appointed an attorney for said terri-
tory, who shall continue in office for four years, and until his successor



C6 BA.NSAS AXD NEBRASKA ACT.

shall be appointed and qualified, unless sooner removed by the Pre?!-
dont, 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, ^vho shall hold his oiBce
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 jurisdic-
tion 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. 12. That the Governor, secretary, chief justice, and associate
justices, attorney, and marshal, shall be nomisated, 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 faith-
fully 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 an annual salary of two thousand dollars.
The secretary shall receive an annual salary of two thousand dollars.
Tlie 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
traveled route ; and an additiono.1 allowance of three dollars shall be
paid to the presiding officer of eaoli House for each day he shaU



KANSAS AST) NICIIRARKA \fT. fi7

BO presido. And a chief clerk, one assistant clerk, a hcrpeant-ut-arnn,
and door-keeijer, may be chosen for each House ; and the cliief clerk
shall receive four dollars per day, and the said other oftic-TS three
dollars per day, during the session of the Legislative Assembly ; but
no other officers shall be paid by the Crnited 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 tho
Legislature together. There shall be appropriated, annually, the
usual sum, to be expended by the Governoi-, to defray the contingent
expenses of the territory, including the salary of a clerk of the execu-
tive department ; and there shall also be appropriated, annually, a
sufficient sum, to be expended by the secretary of the territory, and


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Online LibraryJohn G. (John Gaylord) WellsWells' illustrated national campaign hand-book for 1860 → online text (page 18 of 27)