A PROCLAMATION

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

MARCH 1ST, 1867.

Whereas, The Congress of the United States, did, by an act, approved on the nine teenth day of April, 1864, authorize the people of the Territory of Nebraska to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States, upon certain conditions in said act specified and whereas, said people did adopt a constitution conforming to the provisions and conditions of said act and ask admission into the Union; and whereas, the Congress of the United States did on the eighth and ninth days of February, 1867, in mode prescribed by the constitution, pass a further act for the admission of the State of Nebraska into the Union, in which last named act it was provided that it should not take effect except upon the fundamental condition that within the State of Nebraska there should be no denial of the elective franchise, or of any other right to any person by reason of race or color, excepting Indians not taxed, and upon the further fundamental condition, that the legislature of said State, by a solemn public act, should declare the assent of said State to the said fundamental condition, and should transmit to the President of the United States an authenticated copy of said act of the legislature of said State, upon receipt whereof, the President, by proclamation, should forthwith announce the fact, whereupon the said fundamental condition should be held as a part of the organic law of the State; and thereupon, and without any further proceedings on the part of Congress, the admission of said State into the Union should be considered as complete; and whereas, within the time prescribed by said act of Congress of the eighth and ninth of February, 1867, the legislature of the State of Nebraska did pass an act ratifying the said act of Congress of the eighth and ninth of February, 1867, and declaring that the aforenamed provisions of the third section of said last named act of Congress should be a part of the organic law of the State of Nebraska; and whereas, a duly authenticated copy of said act of the legislature of the State of Nebraska has been received by me:

Now, therefore, I, Andrew Johnson, President of the United States of America, do, in accordance with the provisions of the act of Congress last herein named, declare and proclaim the fact that the fundamental conditions imposed by Congress on the State of Nebraska, to entitle that State to admission to the Union, have been ratified and accepted, and that the admission of the said State into the Union is now complete.

In testimony whereof I have hereto set my hand, and have caused the seal of the United States to be affixed.

Done at the city of Washington, this first day of March, in the year of our Lord, 1867, and of the Independence of the United States of America the ninety-first. [SEAL]

By the President:

WM. H. SEWARD, Secretary of State.

ANDREW JOHNSON.

CONSTITUTION

OF THE

STATE OF NEBRASKA,

1866.

PREAMBLE.

We, the people of Nebraska, grateful to Almighty God for our freedom, in order to secure its blessings, form a more perfect government, insure domestic tranquility, and promote the general welfare, do establish this Constitution.

ARTICLE I.

DECLARATION OF RIGHTS.

SECTION 1. All men are born equally free and independent, and have certain inherent rights; among these are life, liberty, and the pursuit of happiness. To secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.

SEC. 2. There shall be neither slavery nor involuntary servitude in this state, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.

SEC. 3. Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right, and no law shall be passed to restrain or abridge the liberty of speech and of the press. In all criminal prosecutions or indictments for libel the truth may be given in evidence; and if it shall appear to the jury that the matter charged as libelous be true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

SEC. 4. The right of the people peaceably to assemble to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.

SEC. 5. The right of trial by jury shall remain inviolate, but the legislature may authorize trial by a jury of a less number than twelve men, in inferior courts.

SEC. 6. All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident, or the presumption great. Excessive bail shall not be required; nor excessive fines imposed, nor cruel and unusual punishments inflicted.

SEC. 7. In all criminal prosecutions and in cases involving the life or liberty of an individual, the accused shall have a right to a speedy and public trial by an impartial jury; to be informed of the accusation against him; to have a copy of the same when demanded; to be confronted with the witnesses against him; to have compulsory process for his witnesses; and to have the assistance of counsel.

SEC. 8. No person shall be held to answer for a criminal offense unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or in the navy, or the militia,

when in actual service in time of war, or public danger; and no person for the same offense shall be put twice in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require.

SEC. 9. All courts shall be open, and every person, for any injury done him in his land, goods, person or reputation, shall have remedy by due course of law, and justice administered without denial or delay.

SEC. 10. Treason against the state shall consist in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

SEC. 11. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.

SEC. 12. No bill of attainder, ex-post-facto law, or any law impairing the obligation of contracts shall ever be passed; and no conviction shall work corruption of blood or forfeiture of estate.

SEC. 13. The property of no person shall be taken for public use without just compensation therefor.

SEC. 14. No distinction shall ever be made by law between resident aliens and citizens in reference to the possession, enjoyment, or descent of property.

SEC. 15. No person shall be imprisoned for debt in any civil action on mesne or final process, unless in cases of fraud.

SEC. 16. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No person shall be compelled to attend, erect, or support any place of worship, or maintain any form of worship against his consent, and no preference shall be given by law to any religious society, nor shall any interference with the rights of conscience be permitted. No religious test shall be required as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the legislature to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.

SEC. 17. The military shall be in strict subordination to the civil power.

SEC. 18. The writ of error shall be the writ of right in all capital cases, and shall act as a supersedeas to stay the execution of the sentence of death until the further order of the supreme court in the premises.

SEC. 19. The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.

SEC. 20. This enumeration of rights shall not be construed to impair or deny others retained by the people, and all powers not herein delegated, remain with the people.

SECTION 1.

ARTICLE II.

LEGISLATIVE.

The legislative authority of the state shall be vested in a general assembly, which shall consist of a senate and house of representatives, and the style of every law shall be,

"Be it enacted by the Legislature of the State of Nebraska."

SEC. 2. Every male person of the age of twenty-one years, or upwards, belonging to either of the following classes, who shall have resided in the state, county, precinct, and ward, for the time provided by law, shall be an elector:

First--White citizens of the United States.

Second--White persons of foreign birth who shall have declared their intention to become citizens conformable to the laws of the United States on the subject of naturalization.

SEC. 3. The legislature shall provide by law for an enumeration of the inhabitants of the state in the year one thousand eight hundred and seventy-five, and at the end of every ten years thereafter; and at their first session after such enumeration, and also after each enumeration made by the authority of the United States, the legislature shall apportion and district anew the members of the senate and house of representatives, according to the number of inhabitants, excluding Indians not taxed, and soldiers and officers of the United States army and navy.

SEC. 4. Senators and representatives shall be elected biennially, by electors in the respective counties or districts, on the second Tuesday of October. Their term of office shall commence on the first day of January next thereafter, and continue two years, except the senators and representatives to the first legislature under this constitution, whose election and term of office shall be as hereinafter provided.

SEC. 5. The senators and representatives shall be chosen by districts of convenient, contiguous territory, as compact as may be, to be defined by law, except as to the first election which is hereinafter provided for.

SEC. 6. Every white male citizen, who shall be a qualified elector in the district in which he may be chosen to represent, shall be eligible to a seat in the legislature.

SEC. 7. Each house shall be the judge of the election and qualifications of its own members, and a majority of each shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.

SEC. 8. The senate shall consist of thirteen members, and the house of representatives shall consist of thirty-nine members, and shall not be increased for the term of ten years after the adoption of this constitution: Provided, That after the expiration of the said ten years, the legislature shall have the power to increase the number of senators and representatives, so as to correspond with the increase of the population of the state: Provided, Such number shall at no time be more than twenty-five in the senate, and. seventy-five in the house of representatives.

SEC. 9. The mode of organizing the house of representatives at the commencement of each regular session shall be prescribed by law.

SEC. 10. Each house shall choose its own officers, may determine its own rule of proceedings, punish its members for disorderly conduct, and with the concurrence of two-thirds, expel a member, but not the second time for the same cause; and shall have all other powers necessary to provide for its safety and the undisturbed transaction of its business.

SEC. 11. Each house shall keep a correct journal of its proceedings, which shall be published. At the desire of any three members in the senate, or any five members in the house, the yeas and nays shall be entered upon the journal, and on the passage of every bill, in either house, the vote shall be taken by yeas and nays, and entered upon the journal; and no law shall be passed in either house without the concurrence of a majority of all the members elected thereto.

SEC. 12. The first session of the legislature under this constitution shall be held on the fourth day of July, one thousand eight hundred and sixty-six; and all regular sessions thereafter shall commence on the first Thursday after the first Monday in January, biennially. But the legislature may, on extraordinary occasions, be convened by proclamation of the governor, and when so convened, shall transact no business except such as relates to the objects for which they were so convened, to be stated in the proclamation of the governor.

SEC. 13. No member of the legislature shall, during the term for which he was elected, be appointed or elected to any civil office in the state which shall have been created, or the emoluments of which shall have been increased during the term for which he was elected.

SEC. 14. No person being a member of congress, or holding any military or civil office under the United States, shall be eligible to a seat in the legislature; and if any person shall, after his election as a member of the legislature, be elected to congress, or be appointed to any office, civil or military, under the government of the United States' his acceptance thereof shall vacate his seat.

SEC. 15. The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislature.

SEC. 16. Members of the legislature shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest, nor shall they be subjected to any civil process during the session of the legislature, nor for fifteen days next before the commencement and after the termination of each session.

SEC. 17. No member of the legislature shall be liable in any civil action or criminal prosecution whatever for words spoken in debate.

SEC. 18. Bills may originate in either house; but may be altered, amended, or rejected in the other.

SEC. 19. Every bill shall be fully and distinctly read on three different days, unless, in case of urgency, three-fourths of the house in which it shall be pending, shall dispense with this rule. No bill shall contain more than one subject, which shall be clearly expressed in its title; and no law shall be revived or amended, unless the new act contain the entire act revived, and the sections amended; and the section or sections so amended shall be repealed.

SEC. 20. The presiding officer of each house shall sign publicly, in the presence of the house over which he presides, while the same is in session and capable of transacting business, all bills and joint resolutions passed by the legislature.

SEC. 21. Each member of the legislature shall receive for his services three dollars for each day's attendance during the session, and ten cents for every mile he shall travel in going to and returning from the place of meeting of the legislature, on the most usual route. Provided, however, That they shall not receive pay for more than forty days at any one session.

vorce.

SEC. 22. The legislature shall never authorize any lottery, or grant any di

SEC. 23. The legislature shall provide by law that all stationery required for the use of the state, and all printing authorized and required by them to be done for their use, or for the state, shall be let by contract to the lowest bidder; but the legislature may establish a maximum price. No member of the legislature, or other state officer shall be interested, either directly or indirectly, in any such contract.

SEC. 24. The legislature shall never grant any extra compensation to any public officer, agent, servant, or contractor, after the services shall have been rendered or the contract entered into. Nor shall the compensation of any public officer be increased or diminished during his term of office.

SEC. 25. Members of the legislature, and all officers executive and judicial, except such inferior officers as may be by law exempted, before they enter upon the duties of their respective offices, shall take and subscribe an oath or affirmation to support the constitution of the United States, and the constitution of the state of Nebraska, and faithfully discharge the duties of their respective offices to the best of their ability.

SEC. 26. The legislature shall determine what persons shall constitute the militia of the state, and may provide for organizing and disciplining the same, in such manner as shall be prescribed by law.

SEC. 27. In all elections by the legislature, the members thereof shall vote viva voce, and their votes shall be entered on the journal.