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Missouri Compromise. Kansas and Nebraska Bill of 1854. Fac-Simile Autograph Names of the Signers of the Declaration of Independence. Full bound. Price 35 cts. DAYTON § WENTWORTH, Publishers, 27 Beekman Street, New York. 8* DAYTON aWENTWORTH'S PUBLICATIONS. ANGEL WHISPERS, OR THE ECHO OF SPIRIT VOICES. By rev. D. C. eddy. " The public have long felt the need of some specific book, which treats upon specific cases of aflliction, to put into the hands of those whose friends have been taken from them by death. The present work is therefore gathered from a number of addresses made on funeral occasions, tak- ing away the pulpit style, and interspersing them with ap- peals to the heart and conscience of the reader." 12mo. Price ^1.00. DAYTON § WENTWORTH, PubUshers, 27 Beekman Street, New Yohx. THE OASIS, OR GOLDEN LEAVES OF FRIENDSHIP. By N. L. FERGUSON. This book commends itself to the consideration of those who do themselves the pleasure of falling in with the cus- toms and usages of the times in exchanging presentations, felicitations, and congratulations. This work is well printed in large, bold, clear type, on first qua,lity paper, and bound in rich muslin, full gilt, at the exceedingly low price of ^1.00. DAYTON ^ WENTWORTH, Publishers, 27 Beekman Street, New York. THE CLOVEN FOOT. This is a book of 400 pages, designed to expose the Ro- man Catholic conspiracy against the government of the United States. By the Hector or Oldexwold. The talent and research displayed on every pr.ge of this work, together with the Startling Facts which it relates, will place it far in advance of the many hasty productions with which the press has teemed for the last six months. 1000 Native American Agents wanted, to sell this work. Price 51.25. Address DAYTON 8s WENTWORTH, PiMisJiers, TJ Beekmax Street, New York. f '^^^■yfWM4 ^'" J^^ 7 53^:^^^.rS ^/ii^^^--4_^2Z^^ C/^'^/-^' C^^^-^^j^-^ '^y^c -^ i^'-^.^a^tkri i^ — I Cijwp c/rtc arigmtil Mtelurttaoii ^tndffifitdeiut AfiofiM tt-f/iiJ Pfparhr^ AENT>\^>RTH, NKWYOHK' -,'7 .ECHOES FROM THE CABINET; COMPRISIXa THE CONSTITUTION OF THE UNITED STATES DECLARATION OF INDEPENDENCE ; FUGITIVE SLAVE BILLS OF 1793 & 1850 ; MISSOURI COMPROMISE; THE KANSAS AND NEBRASKA BILL OF 1854. THE FAC-SIMILE AUTOGRAPH N A.MES OF THE SIGNEES OF THE DECLARATION OF INDEPENDENCE. NEW YORK : DAYTON AND WENTWORTH, 27 Beekman Street. 1855. Entered, according to Act of Congress, in the year 1S55, By DAYTON AND WENTWORTH, In the Clerk's Office of the District Court of the Southern District of New York. PREFACE. A CONSTANT recurrence to the fundamental principles of government cannot be too much recommended to the citizens of a republic. It is in this manner only that a thorough and consistent knowledge of the duties which every man, as a good citizen, owes to the laws of his country, can be fostered. Believing this, we deem no apology necessary in presenting this volume to the public. We have embraced in this book that immor- tal document, the Declaration of Independence ; and also the Constitution of the United States, which has formed the safeguard of our rights and the bulwark of our liberties, through many years of unparalleled peace and prosperity. Nothing can be more beneficial to every freeman than the perusal and study of these instruments ; the general dearth of which, in family libraries, is sensibly felt by those who desire the information contained in such a manual as this. To these we have added those enactments which for the last few years have been the subject of so much discussion and general interest ; such as the 4: PREFACE. Fugitive Slave Bill of 1793, and the amendment to it of 1850, the Missouri Compromise of 1820, and the Bill to organize Kansas and Nebraska of 1854. It is somewhat surprising to note, that among persons who are constantly making these laws the topic of conversation and debate, so few who have ever perused the statutes themselves, but have de- pended upon the scandal and misrepresentations of newspapers for information in regard to their character. Perhaps this arises from the want of general circulation given by the government to the bills which pass Congress; but, nevertheless, thai this ignorance exists, is too well known. To supply this want this volume has been C3,ie- fully compiled ; and the publishers have endeav- ored to present it in a form which will be accept- able for popular use. CONTENTS. PAGE CONSTITUTION OF THE UNITED STATES, . . 7 NAMES OF THE SIGNERS 32 AMENDMENTS TO THE CONSTITUTION, . . .33 DECLARATION OF INDEPENDENCE, . . 39 NAMES OF THE SIGNERS, . . 48 THE ORDINANCE OF 1737, 49 FUGITIVE SLAVE BILL OF 1793, 50 FUGITIVE SLAVE BILL OF ]850, . . . . 54 THE MISSOURI COMPROMISE, ... .69 NEBRASKA AND KANSAS BILL, . . .71 CONSTITUTION OP THE UNITED STATES We, the People of the United States, in order to form a more perfect union, establish justice, in- sure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our pos- terity, do ordain and establish this Constitution for the United States of America. ARTICLE I. Sect. I. — All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Sen- ate and House of Representatives. Sect. II. — 1. The House of Represen- tatives shall be composed of members chosen every second year by the people of the sev- eral states ; and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature. _ b CONSTITUTION OF 2. ISTo person shall be a representative wlio shall not have attained the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of the state in which he shall be chosen. 3. Kepresentatives and direct taxes shall be apportioned among the several states which may be included within this Union, accord- ing to their respective numbers, which shall be determined by adding to the whole num- ber of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be made within three years after the first meet- ing of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each state shall have at least one representa- tive ; and until such enumeration shall be made, the state of New Hamjishire shall be entitled to choose three ; Massachusetts, THE UNITED STATES. 9 eight ; Rhode Island and Providence Plan- tations, one ; Connecticut, five ; New York, six ; New Jersey, four ; Pennsylvania, eight ; Delaware, one ; Maryland, six ; Vir- ginia, ion ; North Carolina, five ; South Carolina, five ; Georgia, three. 4. When vacancies happen in the repre- sentation from any state, the executive au- thority thereof shall issue writs of election to fill such vacancies. 5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment. Sect. III. — 1. The Senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years ; and each senator shall have one vote. 2. Immediately after they shall be assem- bled in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the ex- piration of the second year, of the second class at the expiration of the fourth year. 10 CONSTITUTION OF and tlie third class at the expiration of the sixth year, so that one third may be chosen every second year ; and if vacancies happen, by resignation or otherwise, during the re- cess of the legislature of any state, the ex- ecutive thereof may make temporary appoint- ments until the next meeting of the legisla- ture, which shall then fill such vacancies. 3. No person shall be a senator who shall not have attained the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen. 4. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they be equally divided. 5. The Senate shall choose their other officers, and also a president pro tempore in the absence of the Vice-President, or when he shall exercise the office of President of the United States. 6. The Senate shall have the sole power to try all impeachments. When sitting for THE UNITED STATES. 11 that purpose, they shall be on oath or affir- mation. When the President of the United States is tried, the chief justice shall pre- side ; and no person shall be convicted with- out the concurrence of two thirds of the members present. 7. Judgment, in cases of impeachment, shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit un- der the United States ; but the party con- victed shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment, acccording to law. Sect. IV. — 1. The times, places, and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof; but the Congress may, at any time, by law, make or alter such regulations, except as to the places of choosing senators. 2. The Congress shall assemble at least once in every year ; and such meeting shall be on the first Monday in December, unless they shall by law appoint a difierent day. 12 CONSTITUTIOX OF Sect. V. — 1. Each house shall be judge of the elections, returns, and qualifications of its own members ; and a majority of each shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such man- ner and under such penalties as each house may provide. 2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concur- rence of two thirds, expel a member. o. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy ; and the yeas and ^nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal. 4. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor THE UNITED STATES. 13 to any other place than that in which the two houses shall be sitting. Sect. VI. — 1. The senators and repre- sentatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases except trea- son, felony, and breach of the peace, be privileged from arrest during their attend- ance at the session of their respective houses, and in going to or returning from the same ; and for any speech or debate in either house they shall not be questioned in any other place. 2. No senator or representative shall, dur- ing the time for which he was elected, be appointed to any civil office under the au- thority of the United States which shall have been created, or the emoluments whereof shall have been increased, during such time ; and no person holding any office under the United States shall be a member of either house during his continuance in office. Sect. VII. — 1. All bills for raising rev- enue shall originate in the House of Repre- 14 CONSTITUTION OF sentatives ; but the Senate may propose or concur with amendments, as on other bills. 2. Every bill which shall have passed the House of Kepresentatives and the Senate shall, before it becomes a law, be presented to the President of the United States ; if he approve, he shall sign it ; but if not, he shall return it, with his objections, to that house in which it shall have 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 ; 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 determhied by yeas and nays ; and the names of the persons voting for and against the bill shall be entered on the jour- nals of each house respectively. If any bill shall not be returned by the President with- in ten 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 THE UNITED STATES. 15 it, unless Congress, by their adjournment, prevent its return; in which case it shall not be a law. 3. Every order, resolution, or vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment) shall be presented to the President of the United States, and before the same shall take effect shall be approved by him, or, being disap- proved by him, shall be repassed by two thirds of the Senate and House of Eepre- sentatives, according to the rules and limita- tions prescribed in the case of a bill. Sect. VIII. — The Congress shall have power — 1. To lay and collect taxes, duties, im- posts, and excises ; to pay the debts and pro- vide for the common defence and general welfare of the United States ; but all duties, imposts, and excises shall be uniform throughout the United States : 2. To borrow money on the credit of the United States : 3. To regulate commerce with foreign na- 16 CONSTITUTION OF tions, and among tlie several states, and with the Indian tribes : 4. To establish a uniform rule of natu- ralization, and uniform laws on the subject of bankruptcies, throughout the United States : 5. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures : 6. To provide for the punishment of counterfeiting the securities and current coin of the United States : 7. To establish post offices and post roads : 8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors the exclu- sive right to their respective writings and discoveries : 9. To constitute tribunals inferior to the Supreme Court : 10. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations : 11. To declare war, grant letters of THE UNITED STATES. 17 marque and reprisal, and make rules con- cerning captures on land and water : 12. To raise and support armies ; but no appropriation of money to that use shall be for a longer term than two years : 13. To provide and maintain a navy: 14. To make rules for the government and regulation of the land and naval forces : 15. To provide for calling forth the mi- litia to execute the laws of the Union, sup- press insurrections, and repel invasions : 16. To provide for organizing, arming, and disciplining the militia, and for govern- ing such part of them as may be employed in the service of the United States, reserv- ing to the states respectively the appoint- ment of the officers, and the authority of training the militia, according to the dis- cipline prescribed by Congress : 17. To exercise exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by ces- sion of particular states, and the acceptance of Congress, become the seat of government of the United States, and to exercise like 18 CONSTITUTION OF authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and other needful buildings : And, 18. To make all laws which shall be necessary and proper for carrying into ex- ecution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. Sect. IX. — 1. The migration or impor- tation of such persons as any of the states, now existing, shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight; but a tax or duty may be imposed on such importation, not exceeding ten dol- lars for each person. 2. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it. 3. No bill of attainder, or ex post facto law, shall be passed. THE UNITED STATES. 19 4. No capitation or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken. 5. No tax or duty shall be laid on articles exported from any state. No preference shall be given, by any regulation of com- merce or revenue, to the ports of one state over those of another ; nor shall vessels bound to or from one state be obliged to enter, clear, or pay duties in another. 6. No money shall be drawn from the treasury but in consequence of appropria- tions made by law ; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. 7. No title of nobility shall be granted by the United States ; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince, or foreign state. Sect. X. — 1. No state shall enter into 20 CONSTITUTION OF any treaty, alliance, or confederation ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make any thing but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts ; or grant any title of nobil- ity. 2. No state shall, without the consent of Congress, lay any imposts or duties on im- ports or exports, except what may be ab- solutely necessary for executing its inspection laws ; and the net produce of all duties and imposts laid by any state on imports or ex- ports shall be for the use of the treasury of the United States ; and all such laws shall be subject to the revision and control of the Congress. No state shall, without the con- sent of Congress, lay any duty on tonnage, keep trooj^s or ships of war in time of peace, enter into any agreement or compact with another state or with a foreign power, or en- gage in war, unless actually invaded, or in such imminent danger as will not admit of delay. THE UNITED STATES. 21 ARTICLE 11. Sect. I. — 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and, together with the Vice-President, chosen for the same term, be elected as follows : 2. Each state shall appoint, in such man- ner as the legislature thereof may direct, a number of electors, equal to the whole num- ber of senators and representatives to which the state may be entitled in the Congress ; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. 3. [Annulled. See Amendments, art. 12.] 4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes, which day shall be the same throughout the United States. 5. No person except a natural-born citi- zen, or a citizen of the United States at the time of the adoption of this constitution. 22 CONSTITUTION OF sliall be eligible to the office of President ; neitber shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the United States. 6. In case of the removal of the Presi- dent from office, or of his death, resignation, or inability to discharge the powers and duties of said office, the same shall devolve on the Yice-President ; and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Yice-President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disabil- ity be removed, or a President shall be elected. 7. The President shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have been elected ; and he shall not receive, within that period, any other emolument from the United States, or any of them. 8. Before he enter on the execution of THE UNITED STATES. 23 his office, he shall take the following oath or affirmation : — " I do solemnly swear (or affirm) that I will faithfully execute the office of Presi- dent of the United States, and will, to the best of my ability, preserve, protect, and defend the constitution of the United States." Sect. II. — 1. The President shall be commander-in-chief of the army and navy of the United States, and of the militia of the several states, when called into the actu- al service of the United States : he may require the opinion, in writing, of the prin- cipal officer in each of the executive depart- ments upon any subject relating to the duties of their respective offices ; and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. 2. He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the senators present concur ; and he shall nominate, and by and with the advice and consent of the 24 CONSTITUTION OF Senate shall appoint, ambassadors, other pub- lic ministers, and consuls, judges of the Su- preme Court, and all other officers of the United States whose ajopointments are not herein otherwise provided for, and which shall be established by law. But the Con- gress may, by law, vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments. 3. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commis- sions, which shall expire at the end of their next session. Sect. III. — He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their con- sideration such measures as he shall judge necessary and expedient ,• he may, on extraor- dinary occasions, convene both houses, or either of them, and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall re- THE "UNITED STATES. 25 ceive ambassadors and otlier public minis- ters ; he shall take care that the laws be faith- fully executed ; and shall commission all the officers of the United States. Sect. IV. — The President, Vice-Presi- dent, and all civil officers of the United States, shall be removed from office on im- peachment for, and conviction of, treason, bribery, or other high crimes and misde- meanors. ARTICLE III. Sect. I. — The judicial power of the United States shall be vested in one Su- preme Court, and in such inferior courts as the Congress may, from time to time, ordain and establish. The judges, both of the Su- preme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a com- pensation which shall not be diminished dur- ing their continuance in office. Sect. II. — 1. The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the Unit- ed States, and treaties made, or which shall 26 CONSTITUTION OF be made, imder their authority ; to all cases affecting ambassadors, and other public min- isters, and consuls ; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party ; to controversies between two or more states ; between a. state and citizens of another state ; between citizens of different states ; between citizens of the same state, claiming lands un- der grants of different states, and between a state, or the citizens thereof, and foreign states, citizens, or subjects. 2. In all cases affecting ambassadors, other public ministers, and consuls, and those in which a state shall be a party, the Supreme Court shall have original jurisdiction. In all other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations, as the Congress shall make. 3. The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trial shall be held in the state where the said crimes shall have been committed ; but when THE UNITED STATES. 27 not committed wltliln any state, the trial shall be at such a place or places as the Congress may by law have directed. Sect. III. — 1. Treason against the Unit- ed States shall consist only in levying war against them, or in adhering to their en- emies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or confessions in open court. 2. The Congress shall have power to de- clare the punishment of treason ; but no at- tainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. Sect. I. — Full faith and credit shall be given in each state to the public acts, rec- ords, and judicial proceedings of every other state. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof. Sect. II. — 1. The citizens of each state 28 CONSTITUTIOX OF shall be entitled to all privileges and immu- nities of citizens in the several states. 2. A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive au- thority of the state from which he fled, be delivered up to be removed to the state having jurisdiction of the crime. 3. No person held to service or labor in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such ser- vice or labor may be due. Sect. III. — 1. New states may be ad- mitted by the Congress into this Union ; but no new state shall be formed or erected with- in the jurisdiction of any other state ; nor any state be formed by the junction of two or more states, or parts of states, without the consent of the legislature of the states con- cerned, as well as of the Congress. 2. The Congress shall have power to dis- THE UNITED STATES. 29 pose of and make all needful rules and reg- ulations respecting the territory or other property belonging to the United States ; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. Sect. IV. ^ — The United States shall guaranty to every state of this Union a re- publican form of government, and shall pro- tect each of them against invasion, and, on application of the legislature, or of the ex- ecutive, (when the legislature cannot be con- vened,) against domestic violence. ARTICLE V. The Congress, whenever two thirds of both houses shall deem it necessary, shall propose amendments to this constitution, or, on the application of the legislatures of two thirds of the several states, shall call a con- vention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this constitution, when ratified by the legislatures of three fourths of the several states, or by conven- — 30 CONSTITUTION OF tions in three fourths thereof, as the one or the other mode of ratification may be pro- posed by the Congress ; provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first arti- cle ; and that no state, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. 1. All debts contracted, and engagements entered into, before the adoption of this con- stitution, shall be as valid against the Unit- ed States under this constitution as under the confederation. 2. This constitution, and the laws of the United States which shall be made in pursu- ance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every state shall be bound thereby ; any thing in the constitu- tion or laws of any state to the contrary not- withstanding. THE UNITED STATES. 31 3. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and ju- dicial officers, both of the United States and of the several states, shall be bound by oath or affirmation to support this constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States. ARTICLE VIl. The ratification of the conventions of nine states shall be sufficient for the establish- ment of this constitution between the states so ratifying the same. Done in convention, by the unanimous consent of the states present, the seventeenth day of Sep- tember, in the year of our Lord one thousand seven hundred and eighty-seven, and of the In- dependence of the United States of America the twelfth. In witness v/hereof, we have hereunto subscribed our names. GEORGE WASHINGTON, President, and Deputy from Virginia. 32 CO^QSTITUTION. NEIV HAMPSHIRE. DELAWARE. JOHN LAXGDON, GEORGE READ, NICHOLAS OILMAN. GUNNLNG BEDFORD, JR. JOHN DICKINSON, 3IASSACHUSETTS. RICHARD BASSETT, NATHANIEL GORHAM, JACOB BROOM. RUFUS KING. 3IARYLAND CONXECTICUT. JAMES M'HEXRY, WM. SAMUEL JOHNSON, ROGER SHERMAN. DAN'L OF ST. THO. JENIFER, DANIEL CARROLL. NEW YORK. VIRGINIA. ALEXANDER HAMILTON. JOHN BLAIR, JAMES MADISON, JR. NEW JERSEY. WILLIAIM LIVINGSTON, DAVID BREARLEY, WILLI A.M PATTERSON, JONATHAN DAYTON. NORTH CAROLINA. WILLIAM BLOUNT, RICH. DOBBS SPAIGHT, HUGH WILLIAMSON. PEXXS YL VAXIA. SOUTH CAROLINA. BENJAMIN FRANKLIN, THOMAS MIFFLIN, ROBERT MORRIS, GEORGE CLYMER, JOHN RUTLEDGE, CHARLES C. PINCKNEY, CHARLES PINCKNEY, PIERCE BUTLER. THOMAS FITZSIMONS, JARED INGERSOLL, JAMES WILSON, GOUVERNEUR MORRIS. GEORGIA. WILLIAM FEW, ABRAHAM BALDWIN. Attest, WILLIAM JACKSON, Secretary/. AMENDMENTS TO THE CONSTITUTION. AiiT. I. — Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press ; or the right of the people peaceably to assemble and to petition the government for a redress of grievances. Art. II. — A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. AnT. III. — No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. Art. TV. — The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue but upon probable cause, (33) O-i AMENDMENTS. supported by oath or affirmation, and par- ticularly describing the place to be searched, and the persons or things to be seized. Art. V. — No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger ; nor shall any person be sub- ject for the same offence to be twice put in jeopardy of life or limb ; nor shall be com- pelled, in any criminal case, to be witness against himself, nor be deprived of life, lib- erty, or property, without due process of law ; nor shall private property be taken for public use without just compensation. Art. VI. — In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have l^een committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation ; to be confronted with the AMENDMENTS. 35 witnesses against liim ; to-, have compulsory process for obtaining witnesses in his favor ; and to have the assistance of counsel for his defence. Art. VII. — In suits of common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved ; and no fact, tried by a jury, shall be otherwise reexamined in any court of the United States than according to the rules of the common law. Art. VIII. — Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. Art. IX. — The enumeration in the con- stitution of certain risfhts shall not be con- o strued to deny or disparage others retained by the people. Art. X. — The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Art. XI. — The judicial power of the United States shall not be construed to ex- tend to any suit in law or equity commenced 36 AMENDMENTS. or prosecuted against one of the United States by citizens of another state, or by cit- izens or subjects of any foreign state. Art. XII. — 1. The electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves ; they shall name in their ballots the person voted for as President, and in distinct ballots the per- son voted for as Vice-President ; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each ; which lists they shall sign and certify, and transmit, sealed, to the seat of government of the United vStates, directed to the president of the Senate. The presi- dent of the Senate shall, in the presence of the Senate and House of Pepresentatives, open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for President shall be President, if such number be a majority of the whole number of electors appointed ; AMENDMENTS. O i •and if no person liave such majority, then from the persons having the highest number, not exceeding three, on the list of those voted for as President, the House of Repre- sentatives shall choose immediately, by bal- lot, the President. But, in choosing the President, the votes shall be taken by states, the representation from each state having one vote ; a quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Eepresentatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitu- tional disability of the President. 2. The person having the greatest num- ber of votes as Vice-President shall be the Vice-President, if such number be a major- ity of the whole number of electors appoint- ed ; and if no person have a majority, then from the two highest numbers on the list 38 AMENDMENTS. the Senate shall choose the Vice-President ; a quorum for the purpose shall consist of two thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally ineligi- ble to the office of President shall be eligible to that of Vice-President of the United States. Art. XIII. — If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honor, or shall, with- out the consent of Congress, accept or retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them. DECLARATION OP INDEPENDENCE In Congress, July 4, 1776. By the Representatives of the United States, in Con- gress assembled. A* DECLARATION. When, in the course of human events, it becomes necessary for one people to dis- solve the political bands which have con- nected them with another, and to assume among the powers of the earth the separate and equal station to which the laws of na- ture and of nature's God entitle them, a decent respect for the opinions of mankind requires that they should declare the causes which impel them to the separation. "We hold these truths to be self-evident : — that all men are created equal ; that they are endowed by their Creator with certain unalienable rights ; that among these are (39) 40 DECLARATION OF life, liberty, and the pursuit of happiness ; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed ; that whenever any form of government be- comes destructive of these ends it is the right of the people to alter or to abolish it, and to institute a new government, laying its foundation on such principles, and organ- izing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dic- tate that governments long established should not be changed for light and transient causes ; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pur- suing invariably the same object, evinces a design to reduce them under absolute des- potism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security. Such INDEPENDENCE. 41 has been the patient sufferance of these col- onies ; and such is now the necessity which constrains them to alter their former system of government. The history of the present King of Great Britain is a history of re- peated injuries and usurpations, all having in direct object the estabhshment of an ab- solute tyranny over these states. To prove this, let facts be submitted to a candid world. He has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to* pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained ; and, when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature — a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies 43 DECLARATION OF at places unusual, uncomfortable, and distant from the depository of their public records, for the sole piu-pose of fatiguing them into compliance with his measures. He has dissolved representative houses repeatedly, for opposing, with manly firm- ness, his invasions on the rights of the peo- ple. He has refused, for a long time after such dissolutions, to cause others to be elected ; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise ; the state remain- ing, in the mean time, exposed to all the danger of invasion from without and con- vulsions within. He has endeavored to prevent the popula- tion of these states ; for that purpose ob- structing the laws for naturalization of for- eigners, refusing to pass others to encourage their migration hither, and raising the con- ditions .of new appropriations of lands. He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. INDEPENDENCE. 43 He lias made judges dependent on his will alone for the tenure of their offices and the amount and payment of their salaries. He has erected a multitude of new of- fices, and sent hither swarms of officers, to harass our people and eat out their substance. He has kept among us, in times of peace, standing armies, without the consent of our legislatures. He has affected to render the military independent of and superior to the civil power. He has combined with others to subject us to a jurisdiction foreign to our constitu- tion and unacknowledged by our laws ; giv- ing his assent to their acts of pretended le- gislation, — For quartering large bodies of armed troops among us : For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these states : For cutting off our trade with all parts of the world: 44 DECLARATION OF For imposing taxes on us without our consent : For depriving us, in many cases, of the benefits of trial by jury : For transporting us beyond seas, to be tried for pretended offences : For abolishing the free system of Eng- lish law in a neighboring province, establish- ing therein an arbitrary government, and enlarging its boundaries so as to render it at once an example and fit instrument for in- troducing the same absolute rule into these colonies : For taking away our charters, abolishing our most valuable laws, and altering funda- mentally the forms of our government : For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever. He has abdicated government here by de- claring us out of his protection, and waging war against us. lie has plundered our seas, ravaged our coasts, burned our towns, and destroyed the lives of our people. INDEPENDENCE. 45 He is at this time transporting large armies of foreign mercenaries, to complete the works of death, desolation, and tyranny, already begun, with circumstances of cruel- ty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the execu- tioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers the merci- less Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes, and conditions. In every stage of these oppressions we have petitioned for redress in the most hum- ble terms ; our petitions have been answered only by repeated injury. A prince whose character is thus marked by every act which may define a tyrant is unfit to be the ruler of a free people. 46 DECLARATION OF Nor have we been wanting in attention to our British brethren. We have warned them, from time to time, of attempts made by their legislature to extend an unwarrant- able jurisdiction over us. We have remind- ed them of the circumstances of our emigra- tion and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them, by the ties of our com- mon kindred, to disavow these usarpations, which would inevitably interrupt our con- nections and correspondence. They, too, have been deaf to the voice of justice and consanguinity. We must therefore acqui- esce in the necessity which denounces our separation, and hold them, as we hold the rest of mankind, enemies in war — in peace, friends. We, therefore, the representatives of the United States of America, in General Con- gress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the au- thority of the good people of these colonies, solemnly publish and declare that these INDEPENDENCE. 47 United Colonies are, and of right ought to be, free and independent states ; that they are absolved from all allegiance to the British crown, and that all political connection be- tween them and the state of Great Britain is, and ought to be, totally dissolved; and that, as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which inde- pendent states may of right do. And for the support of this declaration, with a firm re- liance on the protection of Divine Provi- dence, we mutually pledge to each other our lives, our fortunes, and our sacred honor. Signed by order and in behalf of the Congress. JOHN HANCOCK, President. Attested, CHARLES THOMPSON, Secretary. NEW HAMPSHIRE. ROBERT TREAT PAINE, JOSIAH BARTLETT, ELBRIDGE GERRY. WILLIAM WHIPPLE, MATTHEW THORNTON. RHODE ISLAND, ^c. STEPHEN HOPKINS, MASSACHUSETTS WILLIAM ELLERY. BAY. CONNECTICUT. SAMUEL ADAMS, JOHN ADAMS, ROGER SHERMAN, 48 DECLARATION OF INDEPENDENCE. SAMUEL HUNTINGTON, MARY'LAND. WILLIAM WILLIAMS, OLIVER WOLCOTT. SAMUEL CHASE, WILLIAM PACA, NEW YORK. THOMAS STONE, CHARLES CARROLL, of Car- WILLIAM FLOYD, roUton. PHILIP LIVLNGSTON, FRANCIS LEWIS, LEWIS MORRIS. VIRGINIA. GEORGE WYTHE, NEW JERSEY. RICHARD STOCKTON, JOHN WITHEKSPOON, FRANCIS HOPKINSON, JOHN HART, ABRAHAM CLARK. RICHARD HENRY LEE, THOMAS JEFFERSON, BENJAMIN HARRISON, THO.MAS NELSON, JR., FRANCIS LIGHTFOOT LEE, CARTER BRAXTON. PENNSYLVANIA. ROBERT MORRIS, BENJAMIN RUSH, BENJAMIN FRANKLIN, NORTH CAROLINA. WILLIAM HOOPER, JOSEPH HE WES, JOHN PENN. JOHN MORTON. GEORGE CLYMER, SOUTH CAROLINA. JAMES SMITH, EDWARD RUTLEDGE, GEORGE TAYLOR, THOMAS HEYWARD, JR., JAMES WILSON, THOMAS LYxNCH, JR., GEORGE ROSS. ARTHUR MIDDLETON. DELAWARE. GEORGIA. C^SAR RODNEY, BUTTON GWINNETT, GEORGE READ, LYMAN HALL, THOMAS M'KEAN. GEORGE WALTON. THE ORDINANCE OF 1787. Passed by Congress previous to the Adoption of the New Constitution, and subsequently adopted by Congress, Aug. 7, 1789, entitled, An Ordinance for the Government of the Territory of the United States north-west of the River Ohio. (All the Articles of this ordinance, previous to Article yi., relate to the organization and powers of the govern- ment of the territory, the following section, being all that relates to slavery.) ARTICLE VI. There shall be neither slavery nor invol- untary servitude in the said territory, other- wise than in punishment of crimes, whereof the party shall have been duly convicted : Provided always, that any person escaping into the same, from whom labor or service is lawfully claimed in any one of the origi- nal states, such fugitive may be lawfully re- claimed and conveyed to the person claiming his or her labor or service, as aforesaid. Done by the United States in Congress assembled the thirteenth day of July, in the year of our Lord 1787, and of the sovereignty and Independ- ence the twelfth. WILLIAM GRAYSON, Chairman. CHARLES THOMPSON, Secretary. C49) THE FUGITIVE SLAVE BILL OF 1793. Adopted February 12, 1793. An Act respecting Fugitives from Justice, and Persons escaping from the Service of their Masters. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That when- ever the executive authority of any state in the Union, or of either of the territories north-west or south of the River Ohio, shall demand any person, as a fugitive from jus- tice, of the executive authority of any such state or territory to which such person shall have fled, and shall, moreover, produce the copy of an indictment found, or an affidavit made before a magistrate of any state or ter- ritory as aforesaid, charging the person so demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the state or territory from whence the person so charged fled, it shall be the duty of the — FUGITIVE SLAVE BILL OF 1793. 51 executive authority of the state or territory to ^vhich such person shall have fled, to cause him or her to be arrested and secured, and notice of the arrest to be given to the execu- tive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall ap- pear. But if no such agent shall appear within six months from the time of the ar- rest, the prisoner may be discharged. And all costs or expanses incurred in the appre- hending, securing, and transmitting such fu- gitive to the state or territory making such demand, shall be paid by such state or ter- ritory. And be it further enacted. That any agent appointed as aforesaid, who shall receive the fugitive into his custody, shall be empowered to transport him or her to the state or ter- ritory from which he or she shall have fled. And if any person or persons shall by force set at liberty or rescue the fugitive from such agent while transporting as aforesaid, the person or persons so offending shall, on 52 FUGITIVE SLAVE BILL OF 1793. conviction, be fined not exceeding five hun- dred dollars, and be imprisoned not exceed- ing one year. And be it also enacted. That when a per- son held to labor in any of the United States, or in either of the territories on the north-west or south of the River Ohio, under the laws thereof, shall escape into any other of the said states or territory, the person to whom such labor or service may be due, his agent or attorney, is hereby empowered to seize or arrest such fugitive from labor, and to take him or her before any judge of the Circuit or District Courts of the United States, residing or being within the state, or before any magistrate of a county, city, or town corporate, wherein such seizure or ar- rest shall be made, and upon proof to the satisfaction of such judge or magistrate, either by oral testimony or affidavit taken be- fore, and certified by, a magistrate of any such state or territory, that the person so seized or arrested doth, under the laws of the state or territory from which he or she fled, owe services or labor to the person FUGITIVE SLAVE BILL OF 1793. 53 claiming him or her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or attor- ney, which shall be sufficient warrant for removing the said fugitive from labor to the state or territory from which he or she fled. And be it further enacted. That any per- son who shall knowingly and willingly ob- struct or hinder such claimant, his agent or attorney, in so seizing or arresting such fu- gitive from labor, or shall rescue such fugi- tive from such claimant, his agent or attorney, when so arrested pursuant to the authority herein given or declared, or shall harbor or conceal such person after notice that he or she was a fugitive from labor as aforesaid, shall, for either of the said offences, forfeit and pay the sum of five hundred dollars. Which penalty may be recovered by and for the benefit of such claimant, by action of debt, in any court proper to try the same ; saving, moreover, to the person claiming such labor or service, his right of action for or on account of the said injuries, or either of them. THE FUGITIVE SLAVE BILL OF 1850. Signed September 18, 1850. An Act to amend, and supplementary to, the Act entitled " An Act respecting Fu- gitives from Justice, and Persons escaping from the Service of their Masters," ap- proved February twelfth, one thousand seven hundred and ninety-three. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the persons who have been, or may hereafter be, appointed commissioners, in virtue of any act of Congress, by the Circuit Courts of the United States, and who, in consequence of such appointment, are authorized to exer- cise the powers that any justice of the peace, or other magistrate of any of the United States, may exercise in respect to offenders for any crime or offence against the United States, by arresting, imprisoning, or bailing the same under and by virtue of the thirty-third section of the act of the twenty- FUGITIVE SLAVE BILL OF 1850. 55 fourtli of September, seventeen hundred and eighty -nine, entitled " An Act to establish the judicial courts of the United States," shall be, and are hereby, authorized and re- quired to exercise and discharge all the powers and duties conferred by this act. And be it further enacted. That the Su- perior Court of each organized territory of the United States shall have the same power to appoint commissioners to take acknowl- edgments of bail and affidavits, and to take depositions of witnesses in civil causes, which is now possessed by the Circuit Court of the United States ; and " all commissioners who shall hereafter be appointed for such pur- poses by the Supreme Court of any organ- ized territory of the United States, shall possess all the powers, and exercise all the duties, conferred by law upon the comlssion- ers appointed by the Circuit Courts of the United States for similar purposes, and shall moreover exercise and discharge all the pow- ers and duties conferred by this act. And be it further enacted, That the Cir- cuit Courts of the United States, and the 56 FUGITIVE SLAVE BILL OF 1850. Superior Courts of each organized territory of the United States, shall from time to time enlarge the number of commissioners, with a view to afford reasonable facilities to re- claim fugitives from labor, and to the prompt discharge of the duties imposed by this act. And be it further enacted. That the com- missioners above named shall have concur- rent jurisdiction with the judges of the Cir- cuit and District Courts of the United States, in their respective circuits and dis- tricts within the several states, and the judges of the Superior Courts of the ter- ritories severally and collectively, in term time and vacation ; and shall grant certifi- cates to such claimants upon satisfactory proof being made, with authority to take and remove such fugitives from service or labor, under the restrictions herein con- tained, to the state or territory from which such persons may have escaped or fled. And be it further enacted. That it shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of FUGITIVE SLAVE BILL OF 1850. 57 this act, when to them directed ; and should any marshal or deputy marshal refuse to re- ceive such warrant, or other process, when tendered, or to use all proper means dili- gently to execute the same, he shall, on con- viction thereof, be fined in the sum of one thousand dollars, to the use of such claimant, on the motion of such claimant, by the Cir- cuit or District Court for the district of such marshal; and after arrest of such fugitive, by such marshal or his deputy, or whilst at any time in his custody, under the provi- sions of this act, should such fugitive escape, whether with or without the assent of such marshal or his deputy, such marshal shall be liable, on his official bond, to be prosecuted for the benefit of such claimant, for the full value of the service or labor of said fugitive in the state, territory, or district whence he escaped ; and the better to enable said commissioners, when thus appointed, to ex- ecute their duties faithfully and efficiently, in conformity with the requirements of the constitution of the United States, and of this act, they are hereby authorized and bS FUGITIVE SLAVE BILL OF 1850. empowered, witliln tlieir counties respective- ly, to appoint, in writing under their hands, any one or more suitable persons, from time to time, to execute all such warrants and other process as may be issued by them in the lawful performance of their respective du- ties ; with authority to such commissioners, or the persons to be appointed by them, to execute process as aforesaid, to summon and call to their aid the bystanders, ov posse comi- tatus of the proper county, when necessary to insure a faithful observance of the clause of the constitution referred to, in conformity with the provisions of this act ; and all good citizens are hereby commanded to aid and assist in the prompt and efficient execution of this law, whenever their services may be required, as aforesaid, for that purpose ; and. said warrants shall run, and be executed by said officers, any where in the state within which they are issued. And be it further enacted. That when a person held to service or labor in any state or territory of the United States has here- tofore or shall hereafter escape into another FUGITIVE SLAVE BILL OF 1850. 59 state or territory of the United States, the person or persons to whom such service or labor may be due, or his, her, or their agent or attorney, duly authorized by power of at- torney, in writing acknowledged and certified under the seal of some legal officer or court of the state or territory in which the same may be executed, may pursue and reclaim such fugitive person, either by procuring a warrant from some one of the courts, judges, or commissioners aforesaid, of the proper circuit, district, or county, for the apprehension of such fugitive from service or labor, or by seizing and arresting such fu- gitive where the same can be done without process, and by taking, or causing such per- son to be taken forthwith before such court, judge, or commissioner, whose duty it shall be to hear and determine the case of such claimant in a summary manner ; and upon satisfactory proof being made, by deposition or affidavit, in writing, to be taken and cer- tified by such court, judge, or commission- er, or by other satisfactory testimony, duly taken and certified by some court, magis- 60 FUGITIVE SLAVE BILL OF 1850. trate, justice of the peace, or other legal officer authorized to administer an oath and take depositions under the laws of the state or territory from which such person owing service or labor may have escaped, with a certificate of such magistracy, or other au- thority as aforesaid, with the seal of the proper court or officer thereto attached, which seal shall be sufficient to establish the competency of the proof, and with proof, also by affidavit, of the identity of the iper- son whose service or labor is claimed to be due as aforesaid, that the person so arrested does in fact owe service or labor to the per- son or persons claiming him or her, in the state or territory from which such fugitive may have escaped as aforesaid, and that said person escaped, to make out and deliver to such claimant, his or her agent or attorney, a certificate setting forth the substantial facts as to the service or labor due from such fu- gitive to the claimant, and of his or her escape from the state or territory in which such service or labor was due to the state or territory in which he or she was arrested. FUGITIVE SLAVE BILL OF 1850. 61 with authority to such claimant, or his or her agent or attorney, to use such reasonable force and restraint as may be necessary, un- der the circumstances of the case, to take and remove such fugitive person back to the state or territory whence he or she may have escaped as aforesaid. In no trial or hearing under this act shall the testimony of such alleged fugitive be admitted in ev- idence ; and the certificates in this and the first (fourth) section mentioned, shall be conclusive of the right of the person or persons in whose favor granted, to remove such fugitive to the state or territory from which he escaped, and shall prevent all mo- lestation of such person or persons by any process issued by any court, judge, magis- trate, or other person whomsoever. And be it further enacted, That any per- son who shall knowingly and willingly ob- struct, hinder, or prevent such claimant, his agent or attorney, or any person or persons lawfully assisting him, her, or them, from arresting such a fugitive from service or la- bor, either with or without process as afore- 62 FUGITIVE SLAVE BILL OF 1850. said, or shall rescue or attempt to rescue such fusfitive from service or labor from the o custody of such claimant, his or her agent or attorney, or other person or persons law- fully assisting as aforesaid, when so arrested pursuant to the authority herein given and declared, or shall aid, abet, or assist such person so owing service or labor as aforesaid, directly or indirectly, to escape from such claimant, his agent or attorney, or other per- son or persons legally authorized as afore- said, or shall harbor or conceal such fugi- tive, so as to prevent the discovery and arrest of such person, after notice or knowledge of the fact that such person was a fugitive from service or labor as aforesaid, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and im- prisonment not exceeding six months, by in- dictment and conviction before the District Court of the United States for the district in which such offence may have been com- mitted, or before the proper court of crim- inal jurisdiction, if committed within any one of the organized territories of the United FUGITR^ SLAVE BILL OF 1850. 63 States, and shall moreover forfeit and pay, by way of civil damages to the party injured by such illegal conduct, the sum of one thousand dollars for each fugitive so lost- as aforesaid, to be recovered by action of debt in any of the district or territorial courts aforesaid, within whose jurisdiction the said offence may have been committed. And be it further enacted. That the mar- shals, their deputies, and the clerks of the said district and territorial courts, shall be paid for their services the like fees as may be allowed to them for similar services in other cases ; and where such services are rendered exclusively in the arrest, custody, and delivery of the fugitive to the claimant, his or her agent or attorney, or where such supposed fugitive may be discharged out of custody for the want of sufficient proof as aforesaid, then such fees are to be paid in the whole by such claimant, his agent or at- torney ; and in all cases where the proceed- ings are before a commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, upon the delivery 64: FUGITIVE SLAVE BILL OF 1850. of the said certificate to tlie claimant, his or her agent or attorney ; or a fee of five dol- lars in cases where the proof shall not, in the opinion of such commissioner, warrant such certificate and delivery, inclusive of all services incident to such arrest and exami- nation, to be paid in either case by the claimant, his or her agent or attorney. The person or persons authorized to execute the process to be issued by such commissioner for the arrest and detention of fugitives from service or labor as aforesaid, shall also be entitled to a fee of five dollars each, for each person he or they may arrest and take before any such commissioner, as aforesaid, at the instance and request of such claimant, with such other fees as may be deemed rea- sonable by such commissioners for such other additional services as may be necessa- rily performed by him or them ; such as at- tending at the examination, keeping the fu- gitive in custody, and providing him Avith food and lodging during his detention and until the final determination of such com- missioner ; and, in general, for performing FUGITIVE SLAVE BILL OF 1850. 65 such, other duties as may be required by- such claimant, his or her attorney or agent, or commissioner in the premises. Such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid by such claimants, their agents or at- torneys, whether such supposed fugitives from service or labor be ordered to be de- livered to such claimants by the final deter- mination of such commissioner or not. And be it further enacted. That, upon af- fidavit made by the claimant of such fugi- tive, his agent or attorney, after such cer- tificate has been issued that he 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 deliver him to said claimant, his agent or attorney. And to this end, the officer _ 6Q FUGITIVE SLAVE BILL OF 1850. aforesaid is hereby authorized and required to employ so many persons as he may deem necessary to overcome such force, and to re- tain them in his service so long as circum- stances may require. The said officer and his assistants while so employed to receive the same compensation, and to be allowed the same expenses, as are now allowed by law for transportation of criminals, to be certified by the judge of the district within which the arrest is made, and paid out of the treasury of the United States. And be it further enacted, That when any person held to service or labor in any state or territory, or in the District of Columbia, shall escape therefrom, 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 satisilictory 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 to be made of the matters so proved, and also a general de- FUGITIVE SLAVE BILL OF 1850. 67 scription of the person so escaping with such convenient certainty as may be ; and a tran- script 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 per- son so escaping may be founds and being ex- hibitG^l 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 ser- vice 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 necessary, either oral or by affidavit, in addition to what is contained 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, commissioner, judge, or other person authorized by this act to grant certif- icates to claimants of fugitives, shall, upon the production of the record and other evi- 68 FUGITIVE SLAVE BILL OF 1850. dences aforesaid, grant to sucli claimant a certificate of his right to take any such per- son identified and proved to be owing ser- vice or labor as aforesaid, which shall au- thorize such claimant to seize or arrest and transport such person to the state or terri- tory from which he escaped. Provided, That nothing herein contained shall be construed as requiring the production of a transcript of such record as evidence as aforesaid. But in its absence the claim shall be heard and determined upon other satisfactory proofs, competent in law. THE MISSOURI COMPROMISE. Adopted March 6, 1820. An Act to authorize the People of the Missouri Territory to form a Constitution and State Government, and for the Ad- mission of such State into the Union on an equal Footing with the original States, and to prohibit Slavery in certain Territo- ries. (All the previous sections of this act relate entirely to the formation of the Missouri Territory in the usual form of territorial bills, the 8th section only relating to the sla- very question.) And be it further enacted, That in all that territory ceded by France to the United States, under the name of Louisiana, which lies north of thirty-six degrees and thirty minutes north latitude, not included within the limits of the state contemplated by their act, slavery and involuntary servitude, other- wise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be, and is hereby, forever prohibited. Provided always. That any per- son escaping into the same, from whom labor 70 THE MISSOURI COMPROMISE. or service is lawfully claimed, in any state or territory of the United States, such fugi- tive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid. A BILL TO ORGANIZE THE TERRITORIES OF NEBRASKA AND KANSAS. Passed the House of Representatives, May 22, 1854. Strike out all after the enacting clause, and in- sert, — 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 ; thence west on said parallel to the east boundary of the Territory of Utah on the summit of the Rocky Mountains ; thence on said summit northward to the forty-ninth parallel of north lati- tude; 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 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 pre- (71) 72 NEBRASKA AND KANSAS. scribe at the time of their admission. Provided, That nothing in this act contained shall be con- strued 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. Pro- vided 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 ter- ritory, so long as such rights shall remain unex- tinguished 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 con- sent of said tribe, to be included within the terri- torial limits or jurisdiction of any state or territory j but all such territory shall be excepted out of the boundaries, and constitute no part of the Territory of Nebraska, until said tribe shall signify their as- sent to the President of the United States to be in- cluded within the said Territory of Nebraska, or to affect the authority of the government of the Unit- ed States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to the government to make if this act had never passed. Sec. 2. And be it further enacted, That the ex- ecutive power and authority in and over said Terri- tory of Nebraska shall be vested in a governor, who NEBRASKA AND KANSAS. 73 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 ter- ritory, and shall be commander-in-chief of the mi- litia thereof. He may grant pardons and respites for offences against the laws of said territory, and re- prieves for offences against the laws of the United States, until the decision of the President can be made known thereon ; he shall commission all of- ficers v/ho shall be appointed to office under the laws of the said 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 re- side therein, and hold his office for five years, un- less sooner removed by the President of the United States ; he shall record and preserve all the laws and proceedings of the legislative assembly here- inafter 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-an- nually 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 Representa- tives, to be deposited in the libraries of Congress ; and, in case of the death, removal, resignation, or 74 NEBRASKA AND KANSAS. absence of the governor from the territory^ the sec- retary 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 ab- sence, or until another governor shall be -duly ap- pointed and qualified to fill such vacancy. Sec. 4. And be it further enacted. That the le- gislative power and authority of said territory shall be vested in the governor and a legislative assem- bly. The legislative assembly shall consist of a Council and House of Representatives. The Council shall consist of thirteen members, having the qual- ifications 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 con- tinue one year. The number of representatives maybe increased by the legislative assembly, from time to time, in proportion to the increase of qual- ified 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 elec- tion 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 Hous&of Representatives shall reside in, and be inhabitants of, the district or county, or counties, for wdiich they NEBRASKA AND KANSAS. iO may be elected, respectively. Previous to the first election, the governor shall cause a census, or enu- meration of the inhabitants and, qualified voters of the several counties and districts of the territo- ry, 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 ta 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 mem- bers of the Council and House of Representatives to which each of the counties or districts shall be en- titled 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 Represen- tatives 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 as- sembly 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 7b NEBRASKA AND KANSAS. all elections by the people, and the apportioning the representation in the several counties or dis- tricts 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 legis- lative assembly : Provided, That no session in any one year shall exceed the term of forty days, ex- cept 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 ter- ritory, and shall possess the qualifications herein- after 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 legisla- tive assembly : Provided, That the right of suffi-age and of holding office shall be exercised only by citizens of United States and those who shall have declared on oath their intention to become such, and shall have taken an oath to support the consti- tution of the United States and the provisions of this act : And provided further, That no officer, sol- dier, 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. NEBRASKA AND KANSAS. 77 Sec. 6. And be it further enacted, That the le- gislative 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-res- idents be taxed higher than the lands or other prop- erty 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 re- turn it with his objections to the house in which it originated, who shall enter the objections at large on their journal, and proceed to 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. 78 NEBRASKA AND KANSAS. Sec. 7. And be it further enacted, That all town- ship, district, and county officers, not herein other- wise provided for, shall be appointed or elected, as the case may be, in such manner as shall be pro- vided 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 in- stance the governor alone may appoint all said of- ficers, 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, dur- ing the term for which he was elected, and for one year after the expiration of such term ; but this re- striction 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 legis- lative assembly, or shall hold any office under the government of said territory. Sec. 9. And be it further enacted. That the ju- dicial power of said territory shall be vested in a Supreme Court, District Courts, Probate Courts, NEBRASKA AND KANSAS. 79 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 quo- rum, and who shall hold a term at the seat of gov- ernment 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 district 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 mat- ter 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, respectivel}^shall possess chancery as well as common law jurisdic- tion. Each District Court, or the judge thereof, shall appoint its clerk, who shall also be the regis- ter in chancery, and shall keep his office at the place where the court may be held. Writs of er- ror, bills of exception, and appeals, shall be al- lowed in all cases from the final decision of said District Courts to the Supreme Court, under such 80 NEBRASKA AND KANSAS. 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 decision of said Supreme Court, shall be al- lowed, 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 com- petent witnes.s, 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 Su- preme Court of the United States, from the decis- ion •! 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 here- in 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, seven- NEBRASKA AND KANSAS. 81 teen 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 Unit- ed 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 re- spective 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 Ter- ritory now receive for similar services. Sec. 10. And be it further enacted. That the provisions of an act entitled '^ An act respecting fu- gitives from justice, and persons escaping from the service of their masters," approved February twelve, seventeen hundred and ninety-three, and the pro- visions of the act entitled '• An act to amend, and supplementary to, the aforesaid act," approved Sep- tember eighteen, eighteen hundred and fifty, be, and the same are hereby, declared to extend to and 0':4 NEBRASKA AND KANSAS. 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 un- til his successor shall be appointed and qualified, unless sooner removed by the President, and who shall receive the same fees and salary as the attor- ney of the United States for the present Territory of Utah. There shall also be a marshal for the ter- ritoiy appointed, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the Presi- dent, 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 ser- vices. Sec 12. And be it further enacted, That the governor, secretary, chief justice, and associate jus- tices, 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, respec- tively take an oath or affirmation before the district NEBRASKA AND KANSAS. 83 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 sup- port 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 oefore 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 affirma- tion 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 jus- tice and associate justices shall each receive an an- nual salary of two thousand dollars. The secretary shall receive an annual salary of two thousand dol- lars. 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 84 NEBRASKA AND KANSAS. 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 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 ex- ecutive department ; and there shall also be appro- priated, annually, a sufficient sum, to be expended by the secretary of the territory, and upon an esti- mate 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 NEBRASKA AND KANSAS. 85 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, ac- count to the said secretary for the manner in which the aforesaid moneys shall have been expended ; and no expenditure shall be made by said legisla- tive 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 le- gislative 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 gov- ernor 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 del- egate to the House of Representatives of the Unit- ed 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 86 NEBRASKA AND KANSAS. territories of the United States to the said House of Representatives 5 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 elec- tions shall be prescribed by law. The person hav- ing 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 con- stitution, and all the 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-inter- vention by Congress with slavery in the states and territories, as recognized by the legislation of eigh- teen hundred and fifty, commonly called the com- promise 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 lorm and regulate their domestic institutions in their own way, subject only to the constitution of the United States. Pro- vided, That nothing herein contained shall be con- NEBRASKA AND KANSAS. 87 strued 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 pro- tecting, establishing, prohibiting, or abolishing slavery. Sec. 15. And be it further enacted. That there shall hereafter be appropriated, as has been custom- ary for the territorial governments, a sufficient amount, to be expended under the direction of the said governor of the Territory of Nebraska, not ex- ceeding 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 uuder the direction of the government of the Unit- ed States, preparatory to bringing the same into mar- ket, 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 ap- plied 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 88 NEBRASKA AND KANSAS. territory, and assign the judges who may be ap- pointed 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 hold- ing the courts, as to them shall seem proper and convenient. Sec, 18. And be it further enacted, That all of- ficers to be appointed by the President, by and with the advice and consent of the Senate, for the Ter- ritory 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 disbursements, 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 NEBRASKA AND KANSAS. 89 following said boundary westward to the east boun- dary 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 tempora- ry 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 con- tained shall be construed to inhibit the government of the United States from dividing said territory into two or more territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said terri- tory to any other state or territory of the United States. Provided further. That nothing in this act contained shall be so 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 ter- ritorial limits or jurisdiction of any state or terri- tory ; but all such territory shall be excepted out of the boundaries, and constitute no part of the 90 NEBRASKA AND KANSAS. 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 trea- ty, 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 ex- ecutive power and authority in and over said Ter- ritory 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 ter- ritory, and shall be commander-in-chief of the mi- litia thereof. He may grant pardons and respites for offences against the laws of said territor3^ and reprieves for offences against the laws of the Unit- ed 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 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 re- side therein, and hold his office for five years, un- less sooner removed by the President of the United States; he shall record and preserve all the laws r.nd proceedings of the legislative assembly here- NEBRASKA AND KANSAS. 91 inafter 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-an- nually, 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 Repre- sentatives, to be deposited in the libraries of Con- gress ; and, in case of the death, removal, resigna- tion, 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 ap- pointed and qualified to fill such vacancy. Sec. 22. And be it further enacted, That the le- gislative power and authority of said territory shall be vested in the governor and a legislative assem- bly. The legislative assembly shall consist of a Council and House of Representatives. The Coun- cil 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 ses- sion, consist of twenty-six members, possessing the same qualifications as prescribed for members of the Council, and whose term of service shall con- tinue one year. The number of representatives 92 NEBRASKA AND KANSAS. may be increased by the legislative assembly, from time to time, in proportion to the increase of qual-' ified 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 elec- tion 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 inhabit- ants 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 per- sons so appointed shall receive a reasonable com- pensation 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 su- perintend 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 en- titled under this act. The persons having the high- est number of legal votes in each of said council districts for members of the Council shall be de- clared by the governor to be duly elected to the NEBRASKA AND KANSAS. 93 Council ; and the persons having the highest num- ber 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 other- wise occur in either branch of the legislative as- sembly, the governor shall order a new election; and the persons thus elected to the legislative as- sembly 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, accord- ing to the number of qualified voters, shall be prescribed by law, as well as the day of the com- mencement of the regular sessions of the legisla- tive assembly. Provided, That no session in any one year shall exceed the term of forty days, ex- cept 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 herein- after 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 legisla- 94: NEBRASKA AND KANSAS. tive 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, 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 al- lovred to vote or hold office in said territory by rea- son of being on service therein. Sec. 24. And be it further enacted. That the le- gislative 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-resi- dents be taxed higher than the lands or other prop- erty 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 NEBRASKA AND KANSAS. 95 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 assem- bly, 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 elect- ed, 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 in- stance 'the governor alone may appoint all said of- ficers, 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 as3embly shall hold, or be appointed to, any office which shall have been created, or the salary or emoluments of which shall 96 NEBRASKA AND TtANSAS. have been increased, while he was a member, dur- ing the term for which he was elected, and for one year after the expiration of such term ; but this re- striction 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 legis- lative assembly, or shall hold any office under the government of said territory. Sec. 27. And be it further enacted. That the ju- dicial 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 jus- tices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of govern- ment 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 mat- NEBRASKA AND KANSAS. 97 ter 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 juris- diction. Each District Court, or the judge thereof, shall appoint its clerk, who shall also be the regis- ter in chancery, and shall keep his office at the place where the court may be held. Writs of er- ror, bills of exception, and appeals shall be al- lowed 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 al- lowed, 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 com- petent 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. 98 Is^EBRASKA AND KANSAS. or title in controversy ; and except also that a writ of error or appeal shall also be allowed to the Su- preme Court of the United States, from the decis- ion 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 ^ny judge thereof, upon any writ of habeas corpus, involving the question of personal freedom. Provided, That nothing here- in 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, seven^ teen 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 Dis- trict Courts of the United States; and the said Su- preme and District Courts of the said territory, and the respective judges thereof, shall and may grant writs of 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 con- stitution 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. NEBRASKA AND KANSAS. 99 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. 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 un- til his successor shall be appointed and qualified, unless sooner removed by the President, and w^ho shall receive the same fees and salary as the attor- ney 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 ap- pointed 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 sub- ject to the same regulations and penalties, and be entitled to the same fees, as the marshal of the 100 NEBRASKA AND KANSAS. 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 jus- tices, 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, respec- tively 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 afilrmations by the laws now in force therein, or before the chief justice or some associate jus- tice 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 wdiom the same shall have been taken ] and such certificates shall be re- ceived and recorded by the said secretary among the executive proceedings ; and the chief justice and associate justices, and all other civil ofRcers 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, w^hich said oath or affirmation shall be certified and transmitted by the person taking NEBRASKA AND KANSAS. 101 the same to the secretary, to be by him recorded as aforesaid ; and, afterwards, the like oath or affirma- tion 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 sal- ary 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 pay- ment shall be made until said officers shall have entered upon the duties of their respective appoint- ments. 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' trav- el 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 9* 102 NEBRASKA AND KANSAS. 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 ex- ecutive department ] and there shall also be appro- priated, annually, a sufficient sum, to be expended by the secretary of the territory, and upon an esti- mate 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 disburse- ment 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-an- nually, account to the said secretary for the man- ner 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 ap- propriations, nor beyond the sums thus appropriat- ed for such objects. Sec. 31. And be it further enacted, That the seat of government of said territory is hereby lo- cated 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 NEBRASKA AND KANSAS. 103 the governor and legislative assembly, for such public purposes as may be required under the pro- visions of this act. Sec. 32. And be it further enacted, That a del- egate to the House of Representatives of the Unit- ed 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 en- joyed by the delegates from the several other terri- tories 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 Con- gress to which he shall be elected. The first elec- tion 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 elec- tions shall be prescribed by law. The person hav- ing 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 con- stitution and all laws of the United States which are not locally inapplicable shall have the same force and eff'ect 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 incon- sistent with the principle of non-intervention by 104 NEBRASKA AND KANSAS. Congress with slavery in the states and territories, as recognized by the legislation of eighteen hun- dred 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 there- of perfectly free to form and regulate their domes- tic 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 w^hich may have existed prior to the act of sixth of March, eighteen hundred and twenty, either pro- tecting, establishing, prohibiting, or abolishing slavery. Sec. 33. And be it further enacted, That there shall hereafter be appropriated, as has been cus- tomary for the territorial governments, a sufficient amount, to be expended under the direction of the said governor of the Territory of Kansas, not ex- ceeding the sums heretofore appropriated for sim- ilar objects, for the erection of suitable public buildings at the seat of government, and for the pur- chase of a library, to be kept at the seat of govern- ment, for the use of the governor, legislative assem- bly, judges of the Supreme Court, secretary, mar- shal, 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 NEBRASKA AND KANSAS. 105 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 mar- ket, 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 i'n 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 ter- ritory may define the judicial districts of said ter- ritory, and assign the judges who maybe 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. 36. And be it further enacted, That all of- ficers 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 provis- ions of any law now existing, or which may be en- acted 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. 106 NEBRASKA AND KANSAS. 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 superintenden- cies 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. Passed the House of Representatives May 22, 1854. Attest : JOHN W. FORNEY, Clerk House of Representatives. University of California SOUTHERN REGIONAL LIBRARY FACILITY 405 Hilgard Avenue, Los Angeles, CA 90024-1388 Return this material to the library from which it was borrowed. REC'O LO-URL JAN3013» REGIONAL LIBRARY FAC|UTY B 000 007 900 4 m 'txi'^^