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PASSED AT THE FIFTH SESSION

OF THE

LEGISLATIVE ASSEMBLY

OF THE

TERRITORY OF NEBRASKA,

BEGUN AND HELD AT OMAHA CITY, N. T.,

SEPTEMBER 21, A. D. 1858.

TOGETHER WITH

THE CONSTITUTION OF THE UNITED STATES

AND THE

ORGANIC LAW.

PUBLISHED BY AUTHORITY.

THOMAS MORTON, of the “ Nebraska City News," and
THEODORE H. ROBERTSON, of the “Omaha Nebraskian,"
PUBLIC PRINTERS FOR THE TERRITORY.

1859.

SECRETARY'S OFFICE, Omaha City, Nebraska Territory, {

December 20th, 1858. ) I hereby certify that I have this day delivered to Thomas Morton, of the “Nebraska City News,” and Theodore H. Robertson, of the “Omaha

Joint Resolutions and Memorials, passed by the Legislative Assembly of Nebraska Territory at the session begun and held at Omaha city, N. T., September 21, A. D. 1858.

J. STERLING MORTON,

Secretary of Nebraska Territory.

We hereby certify that the following are true and correct copies of the Laws, Joint Resolutions and Memorials passed by the Legislative Assembly of Nebraska Territory, at the session begun and held at Omaha city, N. T., September 21, A. D. 1858, and delivered to us by J. Sterling Morton, Secretary of Nebraska Territory. Omaha, N. T., December 20, 1858.

THOMAS MORTON,
THEODORE H. ROBERTSON,

Territorial Printers.

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CONSTITUTION

OF THE

UNITED STATES.

WE, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

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ARTICLE I.

SECTION 1. 1. All legislative powers herein granted, shall be vested Legislative pow. in a Congress of the United States, which shall consist of er. a Senate and House of Representatives.

SECTION 2. 1. The House of Representatives shall be composed of House of repromembers chosen every second year by the people of the sun

qualification of several states; and the electors in each state shall have the qualification requisite for electors of the most numerous branch of the state legislature.

2. No person shall be a representative, who shall not have electors and to attained to the age of twenty-five years, and been seven presentativer. years a citizen of the United States, and who shall not, when elected be an inhabitant of that state in which he shall be chosen.

3. Representatives and direct taxes shall be apportioned among the several states which may be included within this or representaUnion, according to their respective numbers, which shall be tives. determined by adding to the whole number 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

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Apportionment

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ment.

Speaker of tho

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years after the first meeting 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 Ratio of repre. sentatives. representatives shall not exceed one for every thirty thou

sand, but each state shall have at least one representative;

and until such enumeration shall be made, the state of New First apportion- Hampshire shall be entitled to choose three; Massachusetts

eight; Rhode Island and Providence Plantations, one; Connecticut, five; New York, six; New Jersey, four; Pennsylvania, eight; Delaware, one; Maryland, six; Virginia, ten; North Carolina, five; South Carolina, five; and

Georgia, three. Vacancies

4. When vacancies happen in the representation from any state, the executive authority thereof shall issue writs of clection to fill such vacancies.

5. The House of Representatives shall choose their house.

speaker and other officers, and shall have the sole power of impeachment.

Section 3. Tho senato-cach

to 1. The Senate of the United States shall be composed of senator a vote. two senators from each state, chosen by the legislature

thereof, for six years; and each senator shall have one vote. Senators clàssed. 2. Immediately after they shall be assernbled, in conse

quence of the first election, they shall be divided, as equally

as may be, into three classes. The seats of the senators of seats vacated the first class, shall be vacated at the expiration of the wo years. second year, of the second class, at the expiration of the

fourth year, and the 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 recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such

vacancies. Qualification of

€ 3. No person shall be a senator who shall not have at

tained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected

be an inbabitant of the state for which he shall be chosen. President of tho

of the 4. The vice president of the United States shall be

president of the Senate; but shall have no vote unless they

be equally divided. Officers.

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. Impeach monts.

6. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside; and no per

A third of tho

Vacancies.

senators.

senate.

members,

son shall be convicted without the concurrence of two-thirds of the members present. 7. Judgment, in cases of impeachment, shall not extend and extent of

judgment in further than removal from office, and disqualification to com hold and enjoy any office of honor, trust or profit, under the United States; but the party convicted shall, nevertheless, Party liable no. be liable and subject to indictment, trial, judgment and cording to law. punishment, according to law.

SECTION 4. 1. The times, places, and manner of holding elections for Elections how senators and representatives, shall be prescribed in each regulated. 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 Meetings of conyear, and such meeting shall be on the first Monday in.gress. December, unless they shall by law appoint a different day.

SECTION 5. 1. Each house shall be the judge of the election, returns to judgo of tho and qualifications of its own members, and a majority of election of its each shall constitute a quorum to do business; but a smaller Onorum. number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide.

2. Each house may determine the rules of its proceedings, Rales punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.

3. Each house shall keep a journal of its proceedings, and Journals. 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, Adjoumment. without the consent of the other, adjourn for more than three days, nor to other place than that in which the two houses shall be sitting.

SECTION 6. 1. The senators and representatives shall receive a com- Compensation. pensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony and breach of the peace, be privileged from arrest, during their attendance at the Privilege. session of their respective houses, and in going to or return. ing from the same; and for any speech or debate in either house, they shall not be questioned in any other place.

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