Wells Township (part 2 of 7)

In contemplating the causes which may disturb our Union, it occurs, as a matter of serious concern, that any ground should have been furnished for characterizing parties by geographical discriminations - Northern and Southern - Atlantic and V" \ru : whence designing men may endeavor to excite a belief that there is a real difference of local interests and views. One of the expedients of party to acquire influence within particular districts, is to* misrepresent the opiniong and aims of other districts. You cannot shield yourselves too much against the jealousies and heart-burnings which spring from these misrepresentations ; they tend to render alien t.) each other those who ought to be bound together by fraternal affection. The inhabitants of our western country have lately had a useful lesson on this head ; they have seen in the negotiation by the Executive, and in the unanimous ratification by the Senate, of the treaty with Spain, and in the universal satisfaction at that event throughout the United States, a decisive proof how unfounded were the suspicions propagated among them of a policy in the General Government, and in the Atlantic States, unfriendly to their interests in regard to the Mississippi they have been witnesses to the formation of two treaties - that witl Great Britain, and that with Spain - which secure to them every thing they could desire hi respect to our foreign relations, towards confirm ing their prosperity. Will it not be their wisdom to rely for the pre servation of these advantages on the Union by which they were procured ? "Will they not henceforth be deaf to those advisers, if such there are, who would sever them from their brethren, and connect them with aliens?

To the efScacy and permanency of your Union, a Government for the whole is indispensable. No alliance, however strict between the parts, can be an adequate substitute ; they must inevitably experience the infractions and interruptions which all alliances, in all time, have experienced. Sensible of this momentous truth, you have improved upon your first essay, by the adoption of a Constitution of Government better calculated than your former for an intimate Union, and for the efiicacious management of your common concerns. This Government, the offspring of our own choice, uninfluenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in the distribution of its powers, uniting security with energy, and containing within itself a provision for its own amendment, has a just claim to your confidence and your support. Eespect for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true liberty. The basis of our political systems, is the right of the people to make and to alter their constitutions of Government : but the Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The very idea of the power and the right of the people to establish Government, pre-sup|)oses the duty of every individual to obey the established Government.

All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive to this fundamental principle, and of fatal tendency. They serve to organize faction, to give it an artificial and extraordinary force, to put in the place of the delegated will of the nation, the will of a party, often a small but artful and enterprising minority of the community ; and, according to the alternate triumphs of different parties, to make the public aiiministration the mirror of the ill-concerteci and incongruous projects of

However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men, will be enabled to subvert the power of the people, and to usurp for themselves the reins of CTOvernmeot , destroying, afterwards, the very engines which had lifted them to unjust . dominion.

Towards the preservation of your Governmxent, and the permanencj of your present happy state, it is requisite, not only that you steadily discountenance irregular oppositions to its acknowledged authority but also that you resist with care the spirit of innovation upon ita principles, however specious the pretexts. One method of assault maj be to effect, in the forms of the Constitution, alterations v/hich will impair the energy of the system, and thus to undermine what cannot be directly overthrown. In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true character of Governments as of other human institutions ; that experience is the surest standard by which to test the real tendency of the existing constitution of a country ; that facility in changes, upon the credit of mere hypothesis and opinion, exposes to perpetual change, from the endless variety of hypothesis and opinion ; and remember, especially, that for the efficient management of your common interests, in a country so extensive as ours, a Government oi as much vigor as is consistent with the perfect security of liberty, is indispensable. Liberty itself will find in such a Government, with powers properly distributed and adjusted, its surest guardian. It is indeed, little else than a name, v/here the Government is too feeble to - withstand the enterprises of faction, to confine each member of the society within the limits prescribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of person and property.

I have already intimated to you the danger of parties in the state, with particular reference to the founding of them on geographical discriminations. Let me now take a more comprehensive view, and warn you, in the most solemn manner, against the baneful effects of the spirit of party generally. ^

This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes, in all Governments, more or less stified, controlled, or repressed ; but in those of the popular form it is seen in its greatest rankness, and is truly their worst enemy.

The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which, in different . ages and countries, has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads, at length, to a more formal and permanent despotism. The disorders and miseries which result, gradually incline the minds of men to seek security and repose in the absolnte power of an Individual ; and, sooner or later, the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his ov/n elevation on the ruiua of public liberty..

Without looking forward to an extremity of this kind (which, noverihele-ss, ought not to be entirely out of sight), the common and continual mischiefs of the spirit of party are sufficient to make it the Uiterest and duty of a wise people to discourage and restrain it.

It serves always to distract the pi biiTj councils, and enfeeble the public administration. It agitates che community with ill-founded Jealousies and false alarms ; kindles the animosities of one part against another ; foments, occasionally, riot and insurrection. It opens the door to foreign influence and corruption, which find a facilitated access to the Government itself, through the channels of party passions. I'hus the policy and the will of one country are subjected to the policy and will of another.

There is an opinion that parties, in free countries, are useful checks upon the administration of the Government, and serve to keep alive the spirit of liberty. This, within certain limits, is probably true ; and in Governments of a monarchical cast, patriotism may look with indalgence, if not with favor, upon the spirit of party. But in those of the popular character, in Governments purely elective, it is a spirit not to be "encouraged. From their natural tendency, it is certain tliere will always be enough of that spirit for every salutary purpose. And there being constant danger of excess, the eiTort ought to be, by force of public opinion, to mitigate and fissuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume.

It is important, likewise, that the habits of thinking, in a free coun» try, should inspire caution in those intrusted with its administration to confine themselves within their respective constitutional spheres, avoiding, in the exercise of the powers of one department, to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of Government, a real despotism. A just estimate of that love of power, and proneness to abuse it which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositories, and constituting each the guardian of the public weal, against invasions by the others, has been evinced by experiments, ancient and modern ; some of them in our own country, and under our own eyes. To preserve them must be as necessary as to institute them. If, in the opinion of the people, tlie distribution or modification of the constitutional powers be, in any particular, wrong, let it be corrected by an amxCndment in the way which the Constitution designates. But let there be no change by U8uq)ation ; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free Governments am destroyed. The precedent must always greatly overbalance, in per manent evil, any partial or transient benefit whicli the use can, at anj time, yield.

Of all the dispositions and habits which lead to political prosperity^ religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism, who should labor to subvert thes^ great pillars of human happiness, these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to respect and to cherish them. A volume could not trace all their connexions with private and public felicity. Let it simply be asked, where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths which are the instruments of investigation in the courts of justice ? And let us with caution indulge the supposition, that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect tliat national morahty can prevail in exclusion of religious principles.

It is substantially true, that virtue or morality is a necessary spring of popular Government. The rule, indeed, extends with more or less force to every species of free Government. Who, that is a sincere friend to it, can look with indifference upon attempts to shake the foundation of the fabric ?

Promote, then, as an object of primary importance, institutions for the general diffusion of knowledge, [n proportion as the structure of a Government gives force to public opinion, it is essential that public opinion should be enlightened.

As a very important source of strength and security, cherish public credit. One method of preserving it is to use it as sparingly as possible ; avoiding occasions of expense by cultivating peace, but remembering also .that timely disbursemeins to prepare for danger, frequently prevent much greater disbursements to repel it ; avoiding, likewise, the accumulation of debt, not only by shunning occasions of expense, but by vigorous exertions in time of peace to discharge the debts which unavoidable wars may have occasioned ; not ungenerously throwing upon posterity the burden which we ourselves ought. to bear. The execution of these maxims belongs to your representatives, but it ia necessary that public opinion should co-operate. To facilitate to them the performance of their duty, it is essential that you should practically bear in mind, that towards the payment of debts there must be revenue ; that to have revenue there must be taxes ; that no taxes can be devised, which are not more or less inconvenient and unpleasant ; that the intrinsic embarrassment inseparable from the selection of the proper objects (which is always a choice of difficulties), ought to be a decisive motive for a candid construction of the conduct of the Governmeut in making it, and for a spirit of acquiescence in the measures for obtaining revenue, which the public exigencies may at any time. dictate.

and harmony with all ; religion and morality enjoin this conduct ; anil can it be that good policy does not equally enjoin it ? It will be worthy of a free, enlightened, and, at no distant period, a great nation, to give to mankind the magnanimous and too novel example of a people always guided by an exalted justice and benevolence. Who can doubt that, in the course of time and things, the fruits of such a plan would richly repay any temporary advantages which might be lost by a steady adherence to it? Can it be that Providence has not connected the permanent felicity of a nation with its virtue ? The expe riment, at least, is recommended by every sentiment which ennoblet human nature. Alas ! is it rendered impossible by its vices ?

In the execution of such a plan, nothing is more essential than that permanent inveterate antipathies against particular nations, and paseionate attachments for others, should be excluded ; and that, in place of them, just and amicable feelings towards all should be cultivated. The nation which indulges towards another an habitual hatred, or au habitual fondness, is, in some degree, a sl^ve. It is a slave to its ani mosity or to its affection ; either of which is sufficient to lead it astray from its duty and its interest. Antipathy in one nation against another, disposes each more readily to offer insult and injury, to lay hold of slight causes of umbrage, and to be haughty and intractable, when accidental or trifling occasions of dispute occur. Hence frequent col lisions, obstinate, envenomed, and bloody contests. The nation prompted by ill-will and resentment, sometimes impels to war the Government, contrary to the best calculations of policy. The Gov ernment sometimes participates in the national propensity, and adopts, through passion, what reason would reject ; at other times it makes the animosity of the nation subservient to projects of hostility, instigated by pride, ambition, and other sinister and pernicious motives. The peace often, sometimes perhaps the liberty, of nations has been the victim.

So, likewise, a passionate attachment of one nation to another produces a variety of evils. Sympathy for the favorite nation, facilitating the illusion of an imaginary common interest, in cases where no real common interest exists, and infusing into one the enmities of the other, betrays the former into a participation in the quarrels and wars of the latter, without adequate inducement or justification. It leads also to concessions to the favorite nation of privileges denied to others, which is apt doubly to injure the nation making the conces- «ons ; by unnecessarily parting with what ought to have been retained, and by exciting jealousy, ill-will, and a disposition to retaliate, in the parties from whom equal privileges are withheld ; and it gives to ambitious, corrupted, or deluded citizens (who devote themselves to the favorite nation) facility to betray, or sacrifice the interest of their own country, without odium ; sometimes even with popularity ; gilding with tho appearance of a virtuous sense of obligation, a commendable deference for public opinion, or a laudable zeal for public good the base or foolish compliances of ambition, corruption, or infatvatiou

As avenues to foreign influence in innumerable ways, such attacb* ments are particularly alarming to the truly enlightened and independent patriot. How many opportunities do they afford to tamper with domestic factions, to practice the art of seduction, to mislead public opinion, to influence or awe the public councils ! Such an attachment of a small or weak, towards a great and powerful nation, dooms the former to be the satellite of the latter.

Against the insidious wiles of foreign influence (I conjure you to believe me, fellow-citizens,) the jealousy of a free people ought to be comtanthj awake ; since history and experience prove that foreign influence is one of the most baneful foes of republican Government. But that jealousy, to be useful, must be impartial ; else it becomes the instrument of the very influence to be avoided, instead of a defence against it. Excessive partiality for one foreign nation, and excessive dislike for another, cause those whom they actuate to see danger only on one side, and serve to veil, and even second, the arts of influence on the other. Real patriots, who may resist the intrigues of the favorite, are liable to become suspected and odious ; while its tools and dupes usurp the applause and confidence of the people, to surrender their interests.

The great rule of conduct for us, in regard to foreign nations, is, in extending our commercial relations, to have with them as little politieal connection as possible. So far as we have already formed engagements, let them be fulfilled with perfect good faith. Here let us stop.

Europe has a set of primary interests, which to us have none, or a very remote relation. Hence she must be engaged in frequent controversies, the causes of which are essentially foreign to our concerns. Hence, therefore, it must be unwise in us to implicate ourselves, by artificial ties, in the ordinary vicissitudes of her politics, or the ordinary combinations and collisions of her friendships or enmities.

Our detached and distant situation invites and enables us to pursue a different course. If we remain one people, under an efiicient Government, the period is not far ofl* when we may defy material injury from external annoyance ; when we may take such an attitude as will cause the neutrality we may at any time resolve upon, to be scrupulously respected ; when belligerent nations, under the impossibihty of making acquisitions upon ub, will not lightly hazard the giving us provocation ; when we may choose peace or war, as our interest, guided by justice, shall counsel.

Why forego the advantages of so peculiar a situation ? Why quit our own to stand upon foreign ground ? Why, by interweaving our iestiny with that of any part of Europe, entangle our peace and prosperity in the toils of European ambition, rivalship, interest, humor or caprice ?

It is our true policy to steer clear of permanent alliances with any portion of the foreign world ; so far, I mean, as we are now at liberty fco do it ; for let me not be- understood as capable of patronising infi* .ielitj to existing engagements. I hold tjie maxim no less applicabla to public than to private affairs, that honesty is always the best policy, I repeat it, therefore, let those engagements be observed in their genuine sense. But, in my opinion, it is unnecessary, and would be unwise to extend them.

Taking care always to keep ourselves, by suitable establishments, on a respectable defensive posture, we may safely trust to temporary alliances for extraordinary emergencies.

Harmony, and a liberal intercourse with all nations, are recommended by policy, humanity, and interest. But even our commercial policy should hold an equal and impartial hand ; neither seeking nor granting exclusive favors or preferences ; consulting the natural course of things ; diffusing and diversifying, by gentle means, the streams of commerce, but forcing nothing ; establishing, with powers so disposed, in order to give trade a stable course, to define the rights of our merchants, and to enable the Government to support them, conventional rules of intercourse, the best that present circumstances and mutual opinions will permit, but temporary, and liable to be, from time to time, abandoned or varied, as experience and circumstances shall dictate ; constantly keeping in view, that it is folly in one nation to look for disinterested favors from another ; that it must pay, with a portion of its independence, for whatever it may accept under that character ; that by such acceptance it may place itself in the condition of having given equivalents for nominal favors, and yet of being reproached with ingratitude for not giving more. There can be no greater error than to expect, or calculate upon, real favors from nation to nation. It is an illusion which experience must cure, which a just pride ought to discard.

In offering to you, my countrymen, these counsels of an old aid affectionate friend, I dare not hope they will make the strong and lasting impression I could wish ; that they v/ill control the usual current of the passions, or prevent our nation from .running the course which has hitherto marked the destiny of nations ; but if I may even flatter myself that they may be productive of some partial benefit, some occasional good ; that they may now and then recur to moderate the fury of party spirit, to warn against the mischiefs of foreign intrigues, to guard against the impostures of pretended patriotism ; this hoj)0 will be a full recompense for the solicitude for your welfare by which they have been dictated.

How far, in the discharge of my official duties, I have been guided by the principles which have been delineated, the public records, and other evidences of my conduct, must witnQgs to you and the world. To myself, the assurance of my own conscience is, tliat I have at least bciie rod n*yself to be guided by them.

In relation to the still subsisting war in Europe, my proclamation of the 22d of April, ] 793, is the index to my plan. Sanctioned by your approving voice, and by that of your Representatives in both Houses of Congress, the spirit of that measure has continually govs'^ed me, uninfluenced by any attempts to deter or divert me from it.

After deliberate examination, with the aid of the best lights I coald obtain, I was well satisfied that our country, under all the circunistances of the case, had a right to take, and was bound in duty and interest to take, a neutral position. Having taken it, I determined, as far as should depend upon me, to maintain it with moderation, perseverance, and firmness.

The considerations which respect the right to hold this conduct, it is not necessary on this occasion to detail. I will only observe, that, according to my understanding of the matter, that right, so far from being denied by any of the belligerent powers, has been virtually admitted by all.

The duty of holding a neutral conduct may be inferred, without any thing more, from the obligation which justice and humanity impose on every nation, in cases in which it is free to act, to maintain fnviolate the relations of peace and amity towards other nations. -

The inducements of interest, for observing that conduct, will best be referred to your own reflections and experience. With m.e, a predominant motive has been to endeavor to gain time to our country tc settle and mature its yet recent institutions, and to progress, without interruption, to that degree of strength and consistency which is necessary to give it, humanly speaking, the command of its own fortunes.

Though in reviewing the incidents of my administration, I am unconscious of intentional error ; I am, nevertheless, too sensible of my defects not to think it probable that I may have committed many errors. Whatever they may be, I fervently beseech the Almighty to avert or mitigate the evils to which they may tend. I shall also carry with me the hope, that my country will never cease to view them with indulgence ; and that, after forty-five years of my life dedicated to its service with an upright zeal, the faults of incompetent abilities will be consigned to oblivion, as myself must soon be to the mansions of rest.

Relying on its kindness in this, as in other things, and actuated ly that fervent love towards it which is so natural to a man who views in it the native soil of himself and his progenitors for several generations, I anticipate, with pleasing expectation, that retreat in which I promise myself to realize, without alloy, the sweet enjoyment of partaking, in the midst of my fellow-citizens', the benign influence of good laws under a free Government - the ever favorite object of my heart - and the happy reward, as I trust, of our mutual care":^, labors, and dangers.

George Washington Missouri Compromise Of 1820

When Missouri applied for admission into the Union, a proposition was started in Congress to proiiibit the introduction of slavery into the new state. This had the effect of arraying the South against the North - the slave-holding against the non-slave-holding states - and the whole subject of siavr-ry became the exciting topic of debate throughout the country. The question was finally settled by a Compiomise, which tolerated slavery in Missouri, but otherwise prohibited it in all the territory of the United States north and west of the northern limits of Arkansas.

As the principle then settled has often since been the prolific source of much sectional controversy and angry debate, and as it is desirable that every one should be familiar with the real provisions of the act by which Missouri was admitted, we have concluded to insert here so much of the law as is necessary to a full understanding of the subject All the sections except the following relate entirely to the formation of the Missouri territory, in the usual form of territorial bills :

"Sec. 8. 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 this act, slavery and involuntary servitude, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted, shall be, and is hereby, for ever prohibited. Provided always, that any person escaping into the same, from whom labor or service is lawfully claimed, in any state or territory of the United States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid."

Population Of The United States At Decennial Periods

It will be seen by the above table that the population increases naturally and by immigration at the yearly rate of three per cent, which would give, in 1855, about 27,000,000, and in 1860, 313000,000.

Fugitive Slave Law Of 1850

4« Act to amend, and supplementary to, the Ad entitled ^^ An Act respecting Fugitives from Justice^ and persons escaping frora tlie Service of their Master s^''^ approved Feburary 12, 1793.

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 exercise 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-fourth 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 required to exercise and discharge all the powers and duties conferred by this Act.

Sec. 2. That the Superior Court of each organized territory of the United States shall have the same power to appoint Commissioners to take acknoY/ledgments 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 v/ho shall hereafter be appointed for such purposes by the Superior Court of any organized territory of the United States, shall possess all the powers, and exercise all the duties, conferred by law upon the Commissioners appointed by the Circuit Courts of the United States for similar purposes, and shall moreover exercise and discharge all tha powers and duties conferred by this Act,

Sec. 3. That the Circuit Courts of the United Stiites, and the Superior Courts of eac' organized territory of the United States shall from time to time targe the number of Commissioners with a viev/ to afford reasona^ facilities to reclaim fugitives from labor, and to the prompt discharg of the duties imposed by this Act.

Sec. 4. That the Commissioners above named shall have concurrent jurisdiction with the Judges of the Circuit and District Courts of the United States, in their respective circuits and districts within the several States, and the Judges of the Superior Courts of the territories severally and collectively, in term-time and vacation ; and shall grant certificates to such claimants, upon satisfactory proof being made, with authority to take and remove such fugitives from service or labor, under the restrictions herein contained, to the state or terri' fcory from v/hich such persons may have escaped or fled.

the provisions of this act, when to them directecl ; and should any marshal or deputy marshal refuse to receive such warrant, or other -process, when tendered, or to use all proper means diligently to execute the 'same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of such claimant, on the motion of such claimant, by the Circuit or District Court for the district of such marshal : and after arrest of such fugitive, by such marshal ox his deputy, or whilst at any time in his custody, under the provisiona of this act, should such fugitive escape, whether with or without the assent of such marshal or his deputy, such marshal shall bo 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 Cojnmissioners, when thus appointed, to execute their duties faithfully and efficiently, in conformity with the requirements of the Constitution of the United States, and of this Act, they are heroby authorized and empowered, within their counties respectively, 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 duties; 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 b^'-standers, or posse comttaiiis of the proper county, when necessary to insure a faithful observance of the clause of the Constitution referred to, in confonnity with the provisions of this act ; and all good citizens are 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 w^arrants shall run, and be executed by said officers, anywhere in the state within which they are issued.

Sec. 6. That when a person held to service or labor in anystatx or territory of the United States, has heretofore or shall hereafter escape into another ^tate 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 attorney, 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 fr-jm service or labor, or by seizing and arresting such fugitive where the same can be done without process, and by taking, or causing such person 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 prox>f being made, by deposition or affidavit, in writing, to be taken, and certified by such Court, Judge or Commissioner, or by other satisfactory testimony, duly t^ken acd certified hy some Courti

Magistrate, Justice of tlie Peace, or other legal officer authorized ta 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 authority aa 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 person 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 person or persons claiming him or her, in the state or territory from which such fugitive may have escaped as afopesaid, and that said person escaped, to make out and deliver to said claimant, his or her agent or attorney, a certificate setting forth the substantial facts as to the service or labor vne from such fugitive to the claimant, and of his or her escape from (he state or territory in which such service or labor was due to the btate or territory in which he or she was arrested, with authority to such claimant, or his or her agent or attorney, to use such reasonable force and restraint as may be necessary, under 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 evidence ; 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 molestation of such person or persons by any process issued by any Court, Judge, Magistrate, or other person whomsoever.

Sec. 7. That any person who shall knowingly and willingly obstruct, 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 labor, either with or without process as aforesaid, or shall rescue or attempt to rescue such fugitive from service or labor, from the custody of such claimant, his or her agent or attorney, or other person or persons lawfully assisting aa 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 person or persons legally authorized as aforesaid ; or shall harbor or conceal such fugitive 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 imprisonment not exceeding six months, by indictment and conviction before the District Court of the United States, for the district in which such offence may have been committed, or before the proper court of criminal jurisdiction, if committed within any one of the organized territories of the Unit^-d States, and shall moreover forfeit and pay, by way of civil damages to tlie party injured by such illegal conduct, the sura 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.

riEO. 8. That the marshals, their deputies, and the clerks of the Baid Distri.ct 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 attorney ; and in all cases where the proceedings 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 of the said certificate to the claimant, his or agent or attorney ; or a fee of five dollars 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 examination, 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 tha instance and request of such claimant, with such other fees as may be deemed reasonable by such Commissioners for such other additional services as may be necessarily performed by him or them ; such as attending at the examination, keeping the fugitive in custody, and providing him with food and lodging during his detention, and until the final determination of such Commissioner ; and, in general, for performing such other duties as may be required by such claimant, hig or her attorney or agent, or Commissioner in the premises. Such fees to be made up in conformity with the fees usually charged by th« officers of the courts of justice within the proper district or county, ag near as may be practicable, and paid by such claimants, their agents or attorneys, whether such supposed fugitives from service or labor be ordered to be delivered to such claimants by the final determinatiou of such Commissioner or not.

Sec. 9. That, upon affidavit made by the claimant of such fugitive, his agent or attorney, after such certificate 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 to deliver him to said claimant, his agent or attorney. And to this end. the officer aforesaid is hereby authorized and required to employ so many persona as be may deem necessary to overcome such force, and to re':ain them in his service so long as circamstances may require. The said officer and his assistants v/hile so employed to receive the Siime compensation, to be allowed the same expenses as are now allowed by law lor :ransportation of criminals, to be certiiied by the judge of the district sv^ithin v/hich the arrest is made, and paid out o^'' the treasury of the United States.

Sec. 10. 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 satisfactory proof to such court, or judge in vacation, of the escape aforesaid, and that the person escaping ov/ed 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 desoriptiou of the person so escaping, w^ith such con\^nient certainty as may be ; and a transcript of such record, authenticated by the attestation of the clerk and of the seal of the said court, being produced in any other state, territory or district in which the person so escaping may be found, and being exhibited to any Judge, Commissioner, or other ofncef authorized by the law of the United States to cause persons escaping from service or laboi to be delivered up, shall be held and taken to be full and conclusive evidence of the fact of the escape, and that the service or labor of the person escaping is due to the party in such record mentioned. And upon the production by the said party of other and further evidence if necessary, either oral or by aitldavit, in addition to what i-s 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 certificates to claimants of fugitives, shall, upon the production of the record and other evidences aforesaid, grant to such claimant a certificate of his right to take any such person identified and proved to bo owing service or labor as aforesaid, w^hich shall authorize such claimant to seize or arrest and transport such pei-son to the state or territory from which he escaped : Provided, That nothing herein contained Bhali be construed as requiring the production of a transcript of such record as evidence as aforesaid. But in Its absence the claim shall bd heard and determined upon o*.her satisfactory proofs, competent in law.

Be it enacted hi] the Senate and House of Representatives of t/ii United States of America in Congress assembled, That all that part of the territory of the United States included within the followin^^ limits, except such portions thereof as are hereinafter expressly exerapted 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 latitude ; thence east on said parallel to the western boundary of the territory of Minnesota ; thence southward on said boundary to the Missouri river ; thence down the main channel of said river to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the territory of Nebraska ; and when admitted as a state or states, the said temtory, or any portion of the same, shall be received into the Union with or without slavery, as their constitution may prescribe at the time of their admission : Provided, That nothing in this Act contained shall be construed to inhibit the Government of the United States from dividing said territory into two or more territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said territory to any other state or territory of the United States : Provided further, That nothing in this Act contained shall be construed to impair the rights of person or property now pertahiing to the Indians in said territory, 60 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 bo included within the territorial limits or jurisdiction of any state or territory ; but all such territory shall be excepted out of the boundaries, and constitute no part of the territory of Nebraska, until Baid tribe shall signify their assent to the President of the United States to be included within the said territory of Nebraska, or to affect the authority of the Government of the United States to make any regulations respecting such Indians, their lands, property or other rights, by treaty, law, or otherwise, which it w^ould have been competent to the government to make if this Act had never passed.

Sec. 2. That the executive power and authority in and over said territory of Nebraska shall be vested in a Governor, who shall hold his office for four years, and until his successor shall be appointed and quaiiiied, unless sooner removed by the President of the United States. The Governor shall reside within said territory, and shall be comjiander-in-chief of the militia thereof. He may grant pardons and respites for offences against the laws of said territory, and reprieves for offences against the laws of the United States, until the decision ol the President can be made known thereon ; he shall commission all officers who shall \)e appointed to office under the laws of the said territory, and shall take care that the laws be faithfully executed.

Sec. 3. That there shall be a secretary of said territory, who shall reside therein, and hold his office for five years, unless sooner removed by the President of the United States ; he shall record and preserve all the laws and proceedings of the Leg'islative Assembly hereinafter constituted, and all the acts and proceedings of the Governor in hi.? executive department ; he shall transmit one copy of the laws and journals of the Legislative Assembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence semi-annually, on the first days of January and July in each year, to the President of the United States, and two copies of the laws to the President of the Senate and to the Speaker of the House of Representatives, to be deposited in the libraries of Congress ; and, in case of the death, removal, resignation, or absence of the Governor from the territory, the secretary shall be, and he is hereby authorized and required to execute and perform all the powers and duties of the Governor during such vacancy or absence, or until another Governor shall be duly appointed and qualified to fill such vacancy.

Sec. 4. That the legislative power and authority of said territory shall be vested in the Governor and a Legislative Assembly. The Legislative Assembly shall consist of a Council and House of Representatives, The Council shall consist of thirteen members, having the qualificationa of voters, as hereinafter prescribed, whose term of service shall con> tinue two years. The House of Representatives shall, at its first session, consist of twenty-six members, possessing the same qualifications as prescribed for members of the Council, and whose term of service shall continue one year. The number of representatives may be increased by the Legislative Assembly, from time to time, in proportion to the increase of qualified voters : Provided, That the whole number shall never exceed thirty-nine ; an apportionment shall be made as nearly equal as practicable, among the several counties or districts for the election of the Council and representatives, giving to each section of the territory representation in the ratio of its qualified voters as nearly as may be. And the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, tht district or county, or counties, for which they may be elected respectively. Previous to the first election, the Governor shall c^i^se a census or enumeration of the inhabitants and qaalified voters oi the several counties and districts of the territory, to be taken by su'jh persons and in such mode as the Governor shall designate and apro'nt , and the persons so appointed shall receive a reasonable cunipeiv.a^.ic a therefor And the first election shall be held at such times and p'aces, and be conducted' in such manner, both as to the persons ^Aio shall superintend such election and the returns thereof, as the Governor shall appoint and direct ; and he shall at the same time declare thf; n^imber of members of the Council and House of Representatives to which eacl> of the counties or districts siiall be entitled under this Act Th: pCiT- sons having the highest number of legal votes in each of sai.l Council districts for members of the Council, shall be declared by the Governor to be duly el-ccted to the Council ; and the persons having the highest number of legal votes for the House of Representatives, shall be declared by the Governor to be duly elected members of said House c 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 u new election ; and the persons thus elected to the Legislative Assembly shall meet at such place and on such day as the Governor shall appoint ; but thereafter, the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several couuties or districts to the Council and House of Representative^s, according to the number of qualified voters, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the Legislative Assembly : Provided, That no session in any one year shall exceed the term of forty days, except the f.rst session, which may continue sixty days.

Sec. 5. That every free white male inhabitant, above the age of twenty- one years, v/ho shall be an actual resident of said territory, and shall possess the qualincations hereinafter prescribed, shall be entitlea to vote at the first election, and shall be eligible to any office within the said territory ; but the qualifications of voters, and of holding office, at all subsequent elections, shall be such as shall be prescribed by the Legislative Assembly : Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States and those who shall have declared on oath their intention to become such, and shall have taken an oath to support the Constituton of the United States and the provisions of this Act : And provided further That no officer, soldier, seaman, or marine, Or other person in the army or navy of the United States, or attached to troops in the service of the United States, shall be allowed to vote or hold office in said. territory, by reason of being on service therein.

Sec. 6. That the legislative power of the territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the provisions of this Act ; but no kw shall be passed interfisring with the primary disposal of the soil ; no tax shall be imposed upon the property of the United States ; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. Every bill which shall have passed the Council and House of Representatives of the said territory, shall, before it become a law, be presented to the Governor of the territory ; if he approve, he shall sign it ; but if not, he shall return it with his objections to the House in which it originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after euch reconsideration, two-thirds of that House shall agree to pass the "bill, it shall be sent, together with the objections, to the r.her House, y whibch it shall likewise be reconsidered, and if approved by twothirds of thst 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 respecti^ ely. 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 v/hich case it shall not be a law.

Sec. 7. That all township, district, and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the Grovernor and Legislative Assembly of the territory of Nebraska. The Governor shall nominate, and, by and with the advice and consent of the Legislative Council, appoint all officers not herein otherwise provided for ; and in the first instance the Governor alone may appoint all said officers, v»^ho shall hold their offices until the end of the first session of the Legislative Assembly ; and shall lay oiF the necessary districts for members cf the Council and House of Representatives, and all other officers.

Ssc. 8, That no member of the Legislative Assembly shall hold, or be appointed to, any office which shall have been created, or ths (Salary or emoluments of which shall have been increased, while he was a member, daring the term for which he was elected, and for one year after the expiration of such term ; but this restriction shall not be applicable to members of the first Legislative Assembly ; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the Legislative Assembly, or shall hold any office- under the government of said territory.

Sec. 9. That the judicial power of said territory shall be vested in a Supreme Court, District Courts, Probate Courts, and in Justices of the Peace. The Supreme Court shall consist of a Chief Justice and two Associate Justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said territory annually, and they shall hold their offices during the period of four years, and until their su(*cessors shall be appointed and qualified. The said territory shall be <^ivided 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 ^y law : Provided, That Justices of the Peace shall not have jarisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars ; and the said Supreme and District Courts, respectively, shall possess chancery as well aa common law jurisdiction. Each District Court, or the Judge thereof, Bhall appoint its clerk, who shall also be the register in chancery, and' shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals, ^hall be allowed in all cases from th^ final decision of said District 0 jurts to the Supreme Conrt, removed to the Supreme Court shall trial by jury be allowed in Kiid court. The Supreme Court, or the Justices thereof, shall appoint ite 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 allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the Circuit Courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars ; except only that in all cases involving title to slaves, the said writs of error or appeals shall be allowed and decided by the said Supreme Court, without regard to the value of the matter, property, or title in controversy ; and except also that a writ of error or appeal shall also be allowed to the Supreme Court of the United States, from the decisions of the said Supreme Court created by this Act, or of any Judge thereof, or of the District Courts created by this Act, or of any Judge thereof, upon any writ of habeas corpus, involving the question of personal freedom : Provided, That nothing herein contained shall be construed to apply to or affect the provisions of the " Act respecting fugitives from justice, and persons escaping from the service of their masters, " approved February twelfth, seventeen hundred and ninety-three, and the " Act to amend and supplementary to the aforesaid xlct, " approved September eighteen, eighteen hundred and fifty ; and each of the said District Courts shall have and exercise the same jurisdiction in all cases arising under the Constitution and laws of the United States as is vested in the Circuit and District Courts of the United States ; and the said Supreme and District Courts of the said territory, and the respective Judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are granted by the Judges of the United States in the district of Columbia ; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall l^e 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 shali receive in all such cases the same fees which the clerks of the District Courts of Utah territory now receive for similar services.

Sec. 10. That the provisions of an Act entitled " An Act respecting fugiti\es from justice, and persons escaping from the service of their masters," approved February twelve, seventeen hundred and ninety-three, and the provisions of the Act entitled "An Act, to amend, and supplementary to, the aforesaid Act, " approved September eighteen, eighteen hundred and fifty, be, and the same are hereby, declared to extend to and be in full force within the limits of said territory of Nebraska.

^^all be appointed and qualified, unless sooner removed 1 y the Vre^h dent, and who shall receive the same fees and salary as the attorney of the United States for the present territory of Lltah. There shall also be a marshal for the territory appointed, who shall hold his office for four years, and until his successor shall be appointed a^-^d qualified, unless sooner removed by the President, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as Circuit and District Courts of the United States ; he shall perform the duties, be subject to the- same regulations and penalties, and be entitled to the same fees as the marshal of the District Court of the United States for the present territory of Utah, and shall, in addition, be paid two hundred dollars annually as a compensation for extra services.

Sec. 12. That the Governor, secretary, chief justice, and associate justices, attorney, and marshal, shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of the United States. The Governor and secretary to be appointed as aforesaid, shall, before they act as such, respectively take an oath ov affirmation before the District Judge or some Justice of the Peace in the limits of said territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the Chief Justice or some Associate Justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken ; and such certificates shall be received and recorded by the said secretary among the executive proceedings : and the Chief Justice and Associate Justices, and all other civil officers in said territory, before they act as such, shall take a like oath or affirmation before the said Governor or secretary, or some Judge or Justice of the Peace of the territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid ; and afterwards, the like oath or affirmation shall be taken, certified, and recorded, in such manner and form as may be prescribed by lav/. The Governor shall receive an annual salary of two thousand five hundred dollars. The Chief Justice and Associate Justices shall receive an annual salary of two thousand dollars. The secretary shall receive an annual salary of tw^o thousand dollars. The said salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the treasury of the United States ; but no such payment shall be made until said officers shall have entered upon the duties of their respective appointments. The members of tlie Legislative Assembly shall be entitled to receive three dollars each per day during their attendance at the sessions thereof, and three dollars each for eYery tw^enty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually traveled route; and an additional allowance of three dollars shall be paid to the presiding officer of each House for each day he shall

Kansas And Nebraska Act

SO preside. And a chief clerk, one assistant clerk, a sergeant-at-arm^ and door-keer^er, 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 iLSual sum, to be expended by the Governor, to defray the contingent expenses of the territory, including the sala*i'y of a clerk of the executive department ; and there shall also be appropriated, annually, a sufficient sum, to be expended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the Legislative Assembly, the printing of the laws, and other incidental expenses ; and the Governor and secretary of the territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the secretary of the treasury of the United States, and shall, semi-annually, account to the said secretary for the manner in which the aforesaid moneys shall have been expended : and no expenditure shall be made by said Legislative Assembly for objects not specially authorized by the Acts of Congress m.aking the appropriations, nor beyond the sums thus appropriated for such objects.

- Sec. 3 3. That the Legislative Assembly of the territory of Nebraska shall hold its first session at such time and place in said territory as the Governor thereof shall appoint and direct ; and at said first session, or as soon thereafter as they shall deem expedient, the Governor and Legislative Assembly shall proceed to locate and establish the seat of government for said territory at such place as they may deem eligible ; which place, however, shall thereafter be subject to be changed by the said Governor and Legislative Assembly.

Sec. 14. That a delegate to the House of Representatives of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the Legislative Assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates irom the several other territories of the United States to the said House of Representatives, but the delegate first elected shall hold his seat only during the term of the Congress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such manner, as the Governor shall appoint and direct ; and at all subsequent elections the times, places, and manner of holding the elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the Governor to be diijy elected, and a certificate thereof shall be given accordingly. That the Constitution, 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 Stat/es, except the eighth section of the Act preparatory to the admission of

Missouri into the Union, approved March sixth, eighteen hundred and twenty, which, being inconsistent with the principle of non-intervention by Congress with slavery in the states and territories, as recog* nized by the legislation of eighteen hundred and fifty, commonly called the Compromise Measures, is hereby declared inoperative and void ; it being the true intent and meaning of this Act not to legislate slavery into any territory or state, nor to exclude it theretrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of tbo United States : Providea, That nothing herein contained shall be construed to revive or put in force any law or regulation w^hich may hayo existed prior to the Act of sixth March, eighteen hundred and twenty, either protecting, establishing, prohibiting, or abolishing slavery.

Sec. 15. That there shall hereafter be appropriated, as has been customary for the territorial governments, a sufficient amount, to be expended under the direction of the said Governor of the territory of Nebraska, not exceeding the sums heretofore appropriated for similar objects, for the erection of suitable public buildings at the seat of government, and for the purchase of a library, to be kept at the seat of government for the use of the Governor, Legislative Assembly, Judges of the Supreme Court, secretary, marshal, and attorney of said territory, and such other persons, and under such regulations as shall be prescribed by law.

Sec. 16. That when the lands in the said territory shall be surveyed under the direction of the government ol the United States, preparatory to bringing the same into market, sections numbered sixteen and thirtysix, in each township in said territory, shall be, and the same are hereby reserved for the purpose of being applied to schools in said territory, and in the states and territories hereafter to be erected out of the same.

Sec. 17. That, until otherwise provided by law, the Governor of said territory may define the judicial districts of said territory, and assign the judges who may be appointed for said territory to the several districts ; and also appoint the times and places for holding courts in the several counties T>r subdivisions in each of said judicial districts by proclamation, to be issued by him ; but tlie 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 theln shall seem proper and convenient.

Sec. 18. That all officers to be appointed by the President, by and with the advice and consent of the Senate, for the territory of Nebraska, who, by virtue of the provisions of any law now existing, or which may be enacted during the present Congress, are required io give security for moneys that may be intrusted with them for disburse monis, shall give such security, at such time and place, and in such manner as the secretary of the treasury may prescribe.

Sec. 19. 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 tlio state of Missouri, where the thirty-seventh parallel of north latitude crossf)a the same ; thence west on said parallel to the eastern boundary of New Mexico ; thence north on said boundary to latitude thirty-eight ; thence following said boundary westward to the east boundary of the territory of Utah, on the summit of the Rocky Mountains ; thence northward on said summit to the fortieth parallel of latitude ; thence east on said parallel to the western boundary of ths state of Missouri thence south w^ith the western boundary of said state to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory of Kansas ; and w^hen admitted as a state or states, the said territory, or any portion of the same, Bhall be received into the Union with or without slavery, as their constitution may prescribe at the time of their admission : Provided, That nothing in this act contained shall be construed to inhibit tke government of the United States from dividing said territory into two or more territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said territory to any other state or territory of the United States : Provided, further, That nothing in this act contained shall be so construed as to impair the rights of persons or property now pertaining to the Indians in said territory, so long as such rights shall remain unextinguished by treaty betw^een the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any state or territory ; but all such territory shall be excepted out of the boundaries, and constitute no part of the territory of Kansas, until said tribe shall signify their assent to the President of the United States to be included within the said territory of Kansas, or to affact the authority of the government of the United States to make any regulation respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to the government to make if this act had never passed.

[With the single exception of the location of the seat of government for Kansas at Fort Leavenworth, provided for in section 31, the ensuing sixteen sections, relative to the organization and government of the territory, are precisely similar to the sections already recited, providing for the government of Nebraska territory. The final section of the act, which has a general reference to both terriries, is as follows :]

Sec. 37. And he 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 anything contained in this act ; 'and that the existing agencies and superintendencies of said Indians be continued, with the same powers and duties v/hich are now prescribed by law, except that the President of the United States may at his discretion change the loeatio^ of the oface of superintendent.

Homestead Law

By act of Congress of May 20, 1862, any person who is the head of a family, or who has arrived at the age of twenty-one years, or has performed service in the army or navy, and is a citizen of the United States, or shall have filed his declaration of intention to become such, and has never borne arms against the Government of the United States, or given aid and comfort to its enemies, shall, from and after the 1st of January, 1863, be entitled to enter a quarter section (160 acres) of unappropriated public land, upon which he or she may have already filed a pre-emption claim, or which is subject to pre-emption, at $1 25 per acre ; or 80 acres of unappropriated lands at $2 50 per acre. In order to make his or her title good to such lands, however, such person must make affidavit that such application is made for his or her exclusive use and benefit, and that said entry is made for the purpose of actual settlement and cultivation, and not, either directly or indirectly, for the use or benefit of any other person or persons whomsoever ; and upon filing the affidavit, and paying the sum of ten dollars to the register or receiver, such person shall be allowed to enter the land specified ; but no certificate or patent is issued for the land until ^ye years from the date of such entry, and the land must, during that time, be improved and not alienated (it cannot be taken for debt). At any time within two years after the expiration of said five years, the person making the entry, or, in case of his or her death, his widow or heirs, may, on proof by two witnesses that he or she has cultivated or improved said land, has not alienated any part of it, and has borne true allegiance to the United States, be entitled to a patent if at that time a citizen of the United States. In case of the abandonment of the lands by the person making the entry for a period of more than six months at one time, they revert to the United States.

Confiscation And Emancipation Bill

Be it enacted, ^c, That every person who shall hereafter commit the crime of treason against the United States, and shall be adjudged guilty thereof, shall suffer death, and all his slaves, if any, shall be declared and made free ; or he shall be imprisoned for not less than five years, and fined not less than $10,000, and all his slaves, if any, shall be declared and made free ; said fine shall be levied and collected on any or all of the property, real and personal, excluding slaves, of which the said jDcrsons so convicted was the owner at the time of committing the said crime, any sale or conveyance to the contrary notwithstanding. ' Sec. 2. And be it further enacted, That if any person shall hereafter incite, set on foot, assist, or engage in any rebellion or insurrection against the authority of the United States, or the laws thereof, or shall give aid or comfort thereto, or shall engage in, or give aid and comfort to, any such existing rebellion or insurrection, and be convicted thereof, such person shall be punished by imprisonment for a period not exceeding ten years, by a fine not exceeding $10,000, and by the liberation of all his slaves, if any he have.

Sec. 3. And he it further enacted, That every person guilty of either of the offences described in this act shall be fo:^yer incapable and disqualified to hold any office under the United States.

Sec. 4. And be it further enacted, That this act shall not bo construed in any way to affect or alter the prosecution, conviction, or punishment of any person or persons guilty of treason against the United States before the passage of this act, unless such person is convicted under this act.

Sec. 5. And be it further enacted, That to insure the speedy termination of the present Eebellion, it shall be the duty of the President of the United States to cause the seizure of all the estate and property, money, stocks, credits and effects of the persons hereafter named in this section, and to apply and use the same, and the proceeds thereof, for the support of the Army of the United States, that is to say : - First, of any person hereaftei acting as_an ofiicer of the army or navy of the Rebels in arms against the Government of the United States ; secondly, of any person hereafter acting as President, Vice President, Member of Congress, Judge of any Court, Cabinet Ofiicer, Foreign Minister, Commissioner, or Consul of the so-called Confederate States of America ; thirdly, of any person acting as Grovernor of a State, member of a Convention or Legislat^lre, or Judge of any Courl of any of the so-called Confederate States of America ; fonrthlj^ of any person who, having held an office of honor, trust, or profit in the United States, shall hereafter hold an office in the so-called Confederate States of America ; 'fifthly, of any person hereafter holding any offie or agency under the Grovernment of the so-called Confederate States of America, or under any of the several States of the said Confederacy, or the lav/s thereof, whether such office or agency be National, ^ate or Municipal in its name or character : - Provided, That the person, thirdly, fourthly and fifthly above described shall have accepted their appointment or election since the date of the pretended ordinance of Secession of the State, or shall have taken an oath of allegiance to, or to support the Constitution of the so-called Confederate States ; sixthly, of any person who, owning property in any loyal State or Territory of the United States, or in the District of Columbia, shall hereafter assist and give aid and comfort to such Rebellion, and all sales, transfers, or conveyances of any such property shall bo null and void, and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any of it, to allege and prove that he is one of the persons described in this section.

Sec 6. And he it further enacted., That if any person within any State or Territory of the United States, other than those named as aforesaid, after the passage of this act, being engaged in armed rebellion against the Government of the United States, or aiding or abetting such rebellion, shall not, within sixty days after public warning and proclamation duly given and made by the President of the United States, cease to aid, countenance and abet such rebellion, and return to his allegiance to the United States, all the estate and property, money, stocks and credits of such person shall be liable to seizure as aforesaid, and it shall bo the duty of the President to seize a.nd use them as aforesaid, or the proceeds thereof. And all sales, transfers, or conveyances of any such property after the expiration of the said sixty days from the date of such warning and proclamation shall be null and void ; and it shall be a sufficient bar to any suit brought by such person for the possession or the use of such property, or any part of it, to allege and prove that he is one of the persons described in this section.

Sec 7. And he it further enacted, That to secure the condemnation and sale of any such property after the same shall have been seized, so that it may be made available for the purpose aforesaid, proceedings in rem shall be instituted in the name of the Unitecl States in any District Court thereof, or in any Terriritorial Court, or in the United States District Court for the District of Columbia, within which the property above described, or any part thereof, may be found, or into which the same, if moveable, may first be brought, which proceedings shall conform, as nearly as may be, to proceedings in admirality or .revenue cases ; and if said property, whether real or personal, shall be found to have belonged to a person engaged in Eebellion, or who has given aid or comfort thereto, fhe same shall be condemned as enemies' property, and become the property of the United States, and may be disposed of as the Court shall decree, and the proceeds thereof paid into the Treasury of the United States for the purposes aforesaid.

Sec. 8. And he it further enacted, That the several Courts aforesaid shall have power to make such orders, establish such forms and decrees of sale, and direct such deeds and conveyances to be executed and delivered by the Marshals thereof, where real estate shall be the subject of sale, as shall ^tly and efficiently effect the purposes of this act, and vest in the purchasers of such property good and valid titles thereto. And the said Court shall have power to allow such fees and charges of their officers as shall be reasonable and proper in the premises.

Sec. 9. And be it further enacted, That all slaves of persons who shall hereafter be engaged in rebellion against the Grovernment of the United States, or who shall in any way give aid or comfort thereto, escaping from such persons, and taking refuge within the lines of the army ; and all slaves captured from such persons, or deserted by them and coming under the control of the Government of the United States ; and all slaves of such persons found or being within any place occupied by Kebel forces, and afterward occupied by the forces of the United States, shall be deemed captives of war, and shall be forever free of their servitude, and not again held as slaves.

Sec. 10. And he it further enacted, That no slave escaping into any State, Territory, or the District of Columbia, from any other State, shall be delivered up, or in any way impeded or hindered of his liberty, except for crime, or some offence against the laws, unless the persons claiming said fugitive shall first make oath that the person to whom the labor or service of such fugitive is alleged to be due, is his lawful owner, and has not borne arms against the United States in the present rebellion, nor in any way given aid and comfort thereto ; and no person engaged in the military or naval service of the United States shall, under any pretence whatever, assume to decide on the validity of the claim of any person to the service or labor of any other person, or surrender up any such person to the claimant, on pain of being dismissed from the service.

Sec. 11. And he it further enacted, That the President of the United States is authorized to employ as many persons of African decent as he may deem necessary and proper for the suppression of this Rebellion ; and for this purpose he may organize and use them in such manner as he may judge best for the public welfare.

Sec. 12. And he it further enacted, That the President of tho United States is hereby authorized to make provision for tho transportation, colonization, and settlement, in some tropical coun- try beyond the limits of the United States, of such persons of the African race, made free by the provisicgis of this act, as may be willing to emigrate, having first obtained the consent of the G-overnment of said country to their protection and settlement within the same, with all the rights and privileges of freemen.

Sec. 13. And be it further enacted, That the President is hereby authorized, at any time hereafter, by proclamation, to extend to persons who may have participated in the existing Rebellion in any State or part thereof, pardon and amnesty, with such exceptions and at such time and on such conditions as he may deem expedient for the public welfare.

Sec. 14. And be it further enacted, That the Courts of the United States shall have full power to institute proceedings, make orders and decrees, issue process, and do all other things necessary to carrv this act into effect.

Resolved, By the Senate and House of Kepresentatives, etc. That the provisions of the third clause of the fifth section of an act to suppress insurrection, to punish treason and rebellion, to seize and confiscate the property of Rebels, and for other purposes, shall be so construed as not to apply to any act or acts done prior to the passage thereof, nor to include any member of a State Legislature or Judge of any State Court who has not, in accepting or entering upon his ofiice, taken an oath to support the Constitution of the so-called Confederate States of America ; nor shall any punishment or proceedings under the said act be so construed as to work a forfeiture of the real estate of the offender beyond his natural life.

P. S. - The President is authorized to negotiate for the acquisition, by treaty or otherwise, of lands or countries in Mexico, Central America or South America, or in the islands of the Gulf of Mexico, or for the right" of settlement upon the lands of the said countries, for all persons liberated under this act, to be removed with their own consent.

For the purpose of paying the expense of the purchase of such lands, and the removal of such persons, the President shall use such money as Congress may from time to time direct, arising from the sales of the property formerly owned by Rebels, and which shall have been confiscated to the ::se of the United States.

Bates Of Postage

Letters not exceeding half ounce in weight, to any part of the United States, 8 cent?. Letter!^ weighing over half ounce, and not over one ounce, double these rates. Must be prepaid in all cases.

Advertised Letters, 1 cent in addition to the regular rates. Valuable Letters may be registered by application at the office of mailing, and the payment of a registration fee of 5 centts.

To Canada and other British North American Provinces, when not over 3,000 miles, 10 cents for each half ounce. When over 3,000 miles, 15 cents. Pre-payment optional.

Letters to other Foreign Countries vary in rate, according to the route by which they are sent, and the proper information can be obtained of any Postmaster in the United States.

Authors' Manuscript, Proofs, etc., if containing no private writing of any kind, and left open at the end, if weighing less than four ounces 'may be sent for 2 cents, and 2 cents additional for every added four ounces, or part thereof.

Daily Papers, if paid quarterly or otherwise, in advance, 45 cents a year; Semiweekly, etc., 85 cents; "Weekly, 20 cents; Semi-monthly, the same; Monthly Periodicals, 24 cents per annum, if not weighing over four ounces a number.

News-dealers may receive their packages through the mail at the same rates, pro rata as are paid by subscribers, for instance, 52 copies of a Weekly paper for 20 cents, or 24 cents for a dozen Magazines, and may pay separately for each package when received.

Printed Books, bound or unbound, not weighing over four pounds, for any distance under 3,000 miles, 1 cent per oz. ; over 8,000 miles, 2 cents per oz., prepaid. Daguerreotypes will be charged with letter postage.

Packages of seeds or cuttings weighing not more than 8 oz., 2 cents per oz. No Package will be forwarded (except Books) which weighs over 4 pounds.

Misoellaieous Peovisions Eelative To Postage

By Act of Congress, July 24th, 1861, all prepaid letters to soldiers in any regiment in the service of the United States, and directed to them at a point where they have been stationed, may be forwarded, Avhenever practicable, to any other point to which they may have been ordered, without farther charge thereon ; by an Act passed July 22d, 1861, priv^ate soldiers, and by an Act of January 21st, 18(;2, sailors and marines were permitted to send letters to their families and friends without prepayment of postage, the words ''soldier's" or "sailor's letter,'' with the name of the officer being endorsed on the envelope by the captain or lieutcTiant of the company to which such soldiers, sailors, or marines belonged.

By a law passed January 21st, 1862, the Postmaster-General was authorized to return all dead letters, except those containing circulars and other worthless matter, to their writers, whenever their names could be ascertained, charging for all valuabl') letters treble, and lor others double, the ordinary rate of postage.

By a law passed April 16!:h. 18G2, the Postmaster-General was authorized to establish branch post-otllces in the cities, and to require prepayment by stamp of ono cent for every letter deposited for inailiiig, and to collect one cent for delivery of every letter sent to said branch office for delivery; but no letter shall be sent from the pi-incipal office to a branch office for delivery contrary to the request of the party to whom the same may be addressed.

Election For Thi First Term

The tirst Congress under the ^vonstitution watj c^rvcoed at the ^Federal Hall," situated at the l^ea-d of Broad, liopting q^^ Waii street, (where the Custom- House nov/ stands.) in the ck'v of New York, on the lirst Wednesday, beiu^^ March 4, 1789 - Senator^ and Representatives having been elected trom the eleven siaies which tiad ratified the Constitution ; but, owaig to the absence of a quorum, the House was not organized till the ut of April, and, for a like reason, the Sejiate was not organized till lie fith ; when the latter bo»- v * proceeded by ballot to the choice of a iVesident, for the sole purpoj^ of opening and counting the [electoral] votes for President of the United States." John Langdon, of New Hampshire, was chosen President fro tern, of the Senate, and SaiAPel Alyne Otis, of Massar chusetts, Secretary; after which, proper mea-spres were taken to notify the successful individuals of their election.

George Washington took the oath of office, as P»*esident, and entered apon his duties April 30, 1789. (For his Inaagural Address, see p, 24.)

Electoral Votes

After the expiration of his second Presidential term, Washington retired to the tranquil shades of Mount Yernon, fondly indulging the hope that the remainder of his days would be peacefully enjoyed in his miuch-cherished home ; but these pleasing anticipations were not allowed to remain long undisturbed. In 1798 the conduct of the French Directory and its emissaries led to frequent difficulties with this country, which ¥/ere calculated to provoke a war ; and the opinion was universally entertained that he who had formerly so well acquitted himself, must be again called to the command of our armies. Accordingly, early in July, the rank and title of " Lieutenant-General and Commander-in-Chief of all the armies raised, or to be raised, in the United States," was conferred upon him ; and the Secretary of War, Mr. McKenry, immediately waited upon him to tender the commission. In a letter to President Adams, accepting " this new proof of public confidence," he makes a reservation that he shall not be called into the field until the army is in a situation to require his presence, and adds : " I take the liberty also to mention, that I must decline having my acceptance considered as drawing after it any immediate charge upon the public, and that 1 cannot receive any emoluments annexed to the appointment, before entering into a situation to incur expense."

Election For The Third Term

The administration of Mr. Adams encountered the most virulent opposition, both domestic and foreign. France, still in the confusion following her revolution, made improper demands on our country, which not being complied with, she commenced seizing American property on the high seas. Our people, taking different sides, were about equally divided - some approving and others deprecating the course pursued by France. Letters of marque and reprisal were issued by our government, and a navy was raised with surprising promptitude. This had the desired effect, peace being thereby secured ; and the aggressor waa taught that the Americans Were friends in peace, but were not fearfiU of war when it could not be honorably averted.

The Indians on our western frontiers also caused much trouble ; but at iength, being severely chastised by General Wayne, they gr^ed for peace, which was granted in 1795.

In 1800 the seat of government was removed from Philadelphia to Washington City, which had been designated by Washington, under a law -of Congi'ess, as the xnosi central situation.

The electoral vote for Thos. Jefferson and Aaron Burr being equal no choice was made by the people, and on the 11th of February, 1801 whe House of Representatives proceeded to the choice of President iji the manner prescribed by the Constitution. On the first ballot eight jtates voted for Thomas Jefferson, six for Aaron Burr, and the votes if two states were divided. The balloting continued till the 17th of February, when the thirty-fifth ballot, as had all previously, resulted the jsarae as the first. After the thirty-sixth ballot, the Speaker declared ihat the votes of ten states had been given for Thomas Jefferson, the \^otes of four states for Aaron Burr, and the votes of two states in blank ; and that, consequently, Thomas Jefiferson had been elected for ihe term of four years.

In his inaugural address, Mr. Jefferson used the following memorable /xpression : " We have called by different names brethren of the same principle. We are all republicans : we are all federalists. If there bo any among us who would wish to dissolve this Union, or to change its republican form, let them stand, undisturbed, as monuments of the safety with which error of opinion may be tolerated, where reason IS LEFT FREE TO COMBAT IT."

Klectoral Votes Election For The Fifth Terw

Among the most important acts of Mr. Jefferson's administration was the purchase of Louisiana from France for $15,000,000, which territory was surrendered to our government in December, 1803.