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Laws, Joint Resolutions and Memorials
PASSED AT THE
FOURTH SESSION OF THE LEGISLATIVE ASSEMBLY
TERRITORY OF NEBRASKA,
BEGUN AHD HELD AT OMAHA CITY, N. T.,
DECEMBER 8th, A. D., 1857.
THE CONSTITUTION OF THE UNITED STATES,
PRINTED AND PUBLISHED BY AUTHORITY
OMAHA CITY, N. T.:
OMAHA CITY, N. T., FEBRUARY 18th, 1858. I hereby certify that I have, this day, transmitted to EDWIN S. CHAPMAN, Territorial Printer, correct copies of all the Laws passed by the Legislative Assembly of Nebraska Territory, at its Fourth Session, begun and held at Omaha City, December, A. D. 1857.
T. B. CUMING. Secretary of Nebraska Territory.
I hereby certify that the following are true and correct copies of the Laws, Joint Resolutions and Memorials, passed by the Legislative Assembly of Nebraska Territory, at its Fourth Session, begun and held at Omaha City, December 8th, A. D., 1857, and transmitted to me by T. B. CUMING, Secretary of Nebraska Territory.
EDWIN S. CHAPMAN,
Territorial Printer. OMAHA CITY, N. T., 1858.
We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tran. quility, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
1. All legislative powers herein granted, shall be vested in Legislative power a Congress of the United States, which shall consist of a Sen. ate and House of Representatives.
1. The House of Representatives shall be composed of House of Repre members chosen every second year, by the people of the sev- lifications of electeral states; and the electors in each State shall have the ors. qualifications requisite for electors of the most numerous branch of the State legislature.
2. No person shall be a representative, who shall not have and of Represen attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. 3. Representatives and direct taxes shall be apportioned Apportionment
. among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after
The Senate each
vacated every two years.
the first meeting of the Congress of the United States, and
within every subsequent term of ten years, in such manner as Ratio of Represent- they shall by law direct. The number of representatives
shall not exceed one for every thirty thousand, but each State shall have at least one representative; and until such enumer
ation shall be made, the State of New Hampshire shall be enFirst apportion- titled to choose three; Massachusetts eight; Rhode Island
and Providence Plantations, one; Connecticut, five; New York, six ; New Jersey, four; Pennsylvania, eight; Delaware, one; Maryland, six; Virginia, ten; North Carolina, five; South Carolina, five; and Georgia, three.
4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of elec
tion to fill such vacancies. Speaker
5. The House of Representatives shall choose their speaker and other officers, and shall have the sole power of impeachment.
SECTION 3. 1. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each senator shall have one vote.
2. Immediately after they shall be assembled, in conse
quence of the first election, they shall be divided, as equally A third of the seats as may be, into three classes. The seats of the senators of
the first class, shall be vacated at the expiration of the second year,of the second class, at the expiration of the fourth year, and the third class at the expiration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature,
which shall then fill such vacancies. Qualification of 3. No person shall be a senator who shall not have attained
to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.
4. The vice-president of the United States shall be president of the Senate : but shall have no vote unless they be equally divided.
5. The Senate shall choose their other officers, and also a president, pro tempore, in the absence of the vice president, or when he shall exercise the office of president of the United
States. Impeachments. 6. The Senate shall have the sole power to try all impeach
ments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside ; and no person shall be convicted without the concurrence of two-thirds of the members present.
7. Judgment, in cases of impeachment, shall not extend judgment in cases.
further than removal from office, and disqualification to hold
President of the Senate.
And extent of
Party liable according to law.
and enjoy any office of honor, trust or profit, under the United States : but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment, according to law.
Elections, how regulated.
1. The times, places, and manner of holding elections for senators and representatives, shall be prescribed in each State, by the Legislature thereof, but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing senators.
2. The Congress shall assemble at least once in every year, Meetings of Conand such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
1. Each house shall be the judge of the election, returns To judge of the and qualifications of its own members, and a majority of each election shall constitute a quoram to do business ; but a smaller num
Quorum. ber may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties as each house may provide.
2. Each house may determine the rules of its proceedings, Rules. punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member.
3. Each house shall keep a journal of its proceedings, and Journals. from time to time publish the same, excepting such parts as may in their judgment, require secrecy; and the yeas and nays of the members of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal.
4. Neither house, during the session of Congress, shall, Adjournment. without the consent of the other, adjourn for more than three days, nor to other place than that in which the two houses shall be sitting.
1. The senators and representatives shall receive a compen- Compensation. sation for their services, to be assertained by law, and paid out of the treasury of the United States. They shall, in all cases, except treason, felony, and breach of the peace, be priv- Privilege. ileged from arrest, during their attendance at the session of their respective houses, and in going to, or returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place.
2. No senator or representative shall, during the time for concerning the which he was elected, be appointed to any civil office under holding of offices. the authority of the United States, which shall have been created or the emoluments whereof shall have been increased,