Kansas-Nebraska Act
Kansas-Nebraska Act of 1854
Kansas-Nebraska Act, 1854 Kansas-Nebraska Act Map, Details Purpose history Copy What is the Kansas-Nebraska
Act Proposal Definition, Results Kansas-Nebraska Act Date Signed Debate Facts Transcript
Kansas-Nebraska History and Transcript
[Officially titled "An Act to Organize the Territories of Nebraska and Kansas," the Kansas Nebraska Act repealed the Missouri Compromise of 1820, which had outlawed slavery above the 36º 30' latitude in the Louisiana territories and reopened the national struggle over slavery in the western
territories.]
Kansas Nebraska Act Map |
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(Kansas Nebraska Act 1854 Map) |
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 hereinafter 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 said 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 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 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 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 all 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 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 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 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. 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 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 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, 1854.
Source: ourdocuments.gov
Recommended
Reading:
The Nebraska-Kansas Act of 1854 (Law in the American West). Description: The Nebraska-Kansas Act of 1854 turns upside
down the traditional way of thinking about one of the most important laws ever passed in American history. The act that created
Nebraska and Kansas also,
in effect, abolished the Missouri Compromise, which had prohibited slavery in the region since 1820. This bow to local control
outraged the nation and led to vicious confrontations, including Kansas’s
subsequent mini-civil war. The essays in this volume shift the focus from the violent and influential reaction of “Bleeding
Kansas” to the role that Nebraska played in this decisive
moment. Essays from both established and new scholars examine the historical context and significance of this statute. Continued
below...
They treat
American political culture of the 1850s; American territorial history; the roles of Abraham Lincoln, Stephen Douglas, and
Frederick Douglass in the creation and implementation of the law; the reactions of African Americans to the act; and the comparative
impact on Nebraskans and Kansans. At the 150th anniversary of the Kansas-Nebraska Act, these scholars reexamine the political,
social, and personal contexts of this act and its effect on the course of American history. About the Author: John R. Wunder is a professor of history and journalism at the University
of Nebraska–Lincoln. He is the author of numerous books, including “Retained by the People”: A History of
American Indians and the Bill of Rights, and the coauthor of Americans View Their Dust Bowl Experience. Joann M. Ross has
a JD from the University of Nebraska–Lincoln. She is currently a history instructor at the Louisiana
School for Math, Science, and the Arts and is a doctoral candidate in
the Department of History at the University of Nebraska–Lincoln. Contributors include: Nicole Etcheson, Tekla Ali Johnson,
Mark E. Neely Jr., Phillip S. Paludan, James A. Rawley, Brenden Rensink, Joann M. Ross, Walter C. Rucker, and John R. Wunder.
Recommended Reading: The Impending Crisis, 1848-1861 (Paperback), by David M. Potter. Review: Professor Potter treats an incredibly complicated and misinterpreted
time period with unparalleled objectivity and insight. Potter masterfully explains the climatic events that led to Southern
secession – a greatly divided nation – and the Civil War: the social, political and ideological conflicts;
culture; American expansionism, sectionalism and popular sovereignty; economic and tariff systems; and slavery. In other words, Potter places under the microscope the root causes and origins of the Civil War.
He conveys the subjects in easy to understand language to edify the reader's understanding (it's
not like reading some dry old history book). Delving beyond surface meanings
and interpretations, this book analyzes not only the history, but the historiography of the time period as well. Continued
below…
Professor Potter
rejects the historian's tendency to review the period with all the benefits of hindsight. He simply traces the events, allowing
the reader a step-by-step walk through time, the various views, and contemplates the interpretations of contemporaries and
other historians. Potter then moves forward with his analysis. The Impending Crisis is the absolute gold-standard of historical
writing… This simply is the book by which, not only other antebellum era books, but all history books should be judged.
Recommended Reading: What Hath
God Wrought: The Transformation of America, 1815-1848
(Oxford History of the United States)
(Hardcover: 928 pages). Review: The newest volume in
the renowned Oxford History of the United States-- A brilliant portrait of an era that saw dramatic transformations in American
life The Oxford History of the United States
is by far the most respected multi-volume history of our nation. The series includes two Pulitzer Prize winners, two New York
Times bestsellers, and winners of the Bancroft and Parkman Prizes. Now, in What Hath God Wrought, historian Daniel Walker
Howe illuminates the period from the battle of New Orleans to the end of the Mexican-American
War, an era when the United States expanded
to the Pacific and won control over the richest part of the North American continent. Continued below…
Howe's panoramic
narrative portrays revolutionary improvements in transportation and communications that accelerated the extension of the American
empire. Railroads, canals, newspapers, and the telegraph dramatically lowered travel times and spurred the spread of information.
These innovations prompted the emergence of mass political parties and stimulated America's economic development from
an overwhelmingly rural country to a diversified economy in which commerce and industry took their place alongside agriculture.
In his story, the author weaves together political and military events with social, economic, and cultural history. He examines
the rise of Andrew Jackson and his Democratic party, but contends that John Quincy Adams and other Whigs--advocates of public
education and economic integration, defenders of the rights of Indians, women, and African-Americans--were the true prophets
of America's future. He reveals the power
of religion to shape many aspects of American life during this period, including slavery and antislavery, women's rights and
other reform movements, politics, education, and literature. Howe's story of American expansion -- Manifest Destiny -- culminates
in the bitterly controversial but brilliantly executed war waged against Mexico
to gain California and Texas for the United States. By 1848, America had been transformed. What Hath God Wrought provides a monumental narrative
of this formative period in United States
history.
Recommended Reading:
A House Divided: Sectionalism and Civil War, 1848-1865
(The American Moment). Reviews: "The best short treatment
of the sectional conflict and Civil War available... Sewell convincingly demonstrates that the conflict was a revolutionary
experience that fundamentally transformed the Republic and its people, and left a racial heritage that still confronts America today. The result is a poignant discussion of the
central tragedy of American history and its legacy for the nation." -- William E. Gienapp, Georgia Historical Quarterly. "A provocative starting point for discussion, further
study, and independent assessment." -- William H. Pease, History. "Sewell's style is fast moving and very readable... An excellent
volume summarizing the stormy period prior to the war as well as a look at the military and home fronts." -- Civil War Book
Exchange and Collector's Newsletter. Continued below…
"A well-written,
traditional, and brief narrative of the period from the end of the Mexican War to the conclusion of the Civil War... Shows
the value of traditional political history which is too often ignored in our rush to reconstruct the social texture of society."
-- Thomas D. Morris, Civil War History. "Tailored for adoption in college courses. Students will find that the author has
a keen eye for vivid quotations, giving his prose welcome immediacy." -- Daniel W. Crofts, Journal of Southern History.
Recommended
Reading: CAUSES OF THE CIVIL WAR: The Political, Cultural, Economic and Territorial
Disputes Between the North and South. Description: While South Carolina's preemptive strike on Fort Sumter and Lincoln's
subsequent call to arms started the Civil War, South Carolina's secession and Lincoln's military actions were simply the last in a chain of events stretching as far back
as 1619. Increasing moral conflicts and political debates over slavery-exacerbated by the inequities inherent between an established
agricultural society and a growing industrial one-led to a fierce sectionalism which manifested itself through cultural, economic,
political and territorial disputes. Continued below...
This historical study reduces sectionalism to its most fundamental form, examining the underlying source
of this antagonistic climate. From protective tariffs to the expansionist agenda, it illustrates the ways in which the foremost
issues of the time influenced relations between the North and the South.
Recommended Reading: The Missouri Compromise and Its Aftermath: Slavery and the Meaning of America (Hardcover). Description: Robert Pierce Forbes goes behind the scenes of the crucial Missouri Compromise, the
most important sectional crisis before the Civil War, to reveal the high-level deal-making, diplomacy, and deception that
defused the crisis, including the central, unexpected role of President James Monroe. Although Missouri was allowed to join the union with slavery, Forbes observes, the compromise in
fact closed off nearly all remaining federal territory to slavery. Forbes's analysis reveals a surprising national consensus
against slavery a generation before the Civil War, which was fractured by the controversy over Missouri.
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