6. The secretary of the navy shall assign and distribute among the said bureaus such 31 Aug. 1842 § 5. of the duties of the navy department as he shall judge to be expedient and proper. And Duties of the all the duties of the said bureaus shall be performed under the authority of the secretary several bureaus. of the navy; and their orders shall be considered as emanating from him, and shall have full force and effect as such. 7. There shall be allowed to each bureau a messenger, who shall receive for his services a compensation not exceeding seven hundred dollars per annum. 8. The chief of each bureau hereby established, shall be authorized to frank all communications from his bureau; and all communications to his bureau, on the business thereof, shall be free of postage. Ibid. 26. Messengers. Ibid. 7. Franking priv lege. Ibid. 28. 9. The books, records and papers, now belonging to the office of the navy commissioners, shall be distributed among the bureaus according to the nature of their duties Records and respectively; and the secretary of the navy is hereby authorized to provide for each papers. bureau, such books of record and accounts, and such stationery, as may be found necessary. Ibid. 10. clerkships. 10. The secretary of the navy shall, if the same can be done without detriment to the public service, appoint, with their consent, officers of the navy, not above the grade of Officers may be lieutenants, to perform the duty of any clerkship created by this act, (except as herein appointed to otherwise provided) who shall receive each for their services not more than nine hundred dollars per annum, including their regular pay and rations; but the appointment of any officer in the navy to any of the offices or clerkships in this act, shall in no manner whatever interfere with his grade in the service. Ibid. 11. not to be trans 11. That all acts, or parts of acts, authorizing the president of the United States, or the secretary of the proper department, under his direction to transfer any portion of the Appropriations moneys appropriated for a particular branch of expenditure in that department, to be applied to another branch of expenditure in the same department, be and are hereby, so far as relates to the department of the navy, repealed. (a) ferred. 12. When a captain in the navy shall be the chief of the bureau, (b) he shall receive 12 Aug. 1848 3 L the same pay to which he would be entitled if upon other duty.(c) 9 Stat. 290. 13. When a vacancy shall occur, a purser of the navy of the United States of not less Purser to be apthan ten years' standing, shall be assigned to duty as head of said bureau, (d) receiving bureau of provipointed chief of for his services no compensation except his highest service pay as a purser. sions, &c. 5 Stat. 401. ments of expen &c. 14. It shall be the duty of the secretary of the navy to cause to be laid before congress, 20 July 1840 24. annually, as soon after the beginning of each year as practicable, a statement of the amounts expended during the preceding fiscal year for wages of mechanics and laborers employed Annual statein building, repairing or equipping vessels of the navy, or in receiving and securing ditures for work stores and materials for those purposes; and for the purchase of materials and stores for and materials, the same purposes; a statement of the cost or estimated value of the stores on hand, under this appropriation, in the navy yards at the commencement of the next preceding fiscal year; the cost, or estimated value, of articles received and expended during the year; and the cost or estimated value of the articles belonging to this appropriation which may be on hand in the navy yards at the close of the next preceding fiscal year. 15. Whenever, in the opinion of the secretary of the navy, it shall be conducive to the Ibid. 25. public interest to use any article of provisions, materials or other stores, for a different Transfer of naval appropriation from that under which they may have been purchased for the naval service, it shall be lawful for him to authorize such use, and it shall be his duty to certify to the secretary of the treasury, the value or cost of the articles thus used. And the secretary of the treasury is hereby authorized and required to cause the proper officers of the treasury to transfer the amount of such cost or value, upon the books of the treasury, from the appropriation for which the articles may have been used, to the appropriation from which they may have been or may be taken, so that the actual expenditure under each may be accurately shown. (a) See 4 Opin. 266, 428. (b) Of construction, equipment and repairs. (e) The act 3 March 1853, (10 Stat. 196) provides that the chief this bureau shall be a skilful naval constructor, as required by stores to other appropriations. the act 31 August 1842, instead of a captain in the navy. Under Navy Yards. 1. What officers to be attached to vessels laid up in ordinary. 2. Navy agent at Washington yard. 27 March 180431. 2 Stat. 297. De attached to vessels in ordi nary. 1. That the president of the United States be and he is hereby authorized to attach to the navy yard at Washington, and to the frigates and other vessels laid up in ordinary What officers to in the eastern branch, a captain of the navy, who shall have the general care and super intendence of the same; [and shall perform the duties of agent to the navy department ;] and shall be entitled to receive for his services, the pay and emoluments of a captain commanding a squadron on separate service. And the president of the United States is hereby further authorized to attach permanently to the said navy yard and vessels, one other commissioned officer of the navy, who shall receive for his services the pay and emoluments of a captain commanding a twenty gun ship; one surgeon and one surgeon's mate of the navy, who shall be severally allowed for their services, the same pay, rations and emoluments, as are allowed to a surgeon and to a surgeon's mate in the army of the United States; one sailing master, one head carpenter, one plumber, one head blockmaker, one head cooper, two boatswains, two gunners, one sailmaker, one storekeeper, one purser, one clerk of the yard, and also, such seamen and marines, as in the opinion of the president shall be deemed necessary: Provided, That the number of seamen or marines shall not at any time be greater than what is at present authorized by the act to which this is a supplement. 1) July 1832 3. 4 Stat. 569. Navy agent at Washington navy yard. 2. From and after the passage of this act, the commander of the navy yard at the city of Washington shall cease to act as navy agent; and that portion of the act of the 27th of March 1804, which made it his duty so to do, shall be and the same is hereby repealed. And a separate and permanent agent shall be appointed as in other cases, in the same manner, entitled to the same compensation, and under the same responsibilities, and to be governed by the same laws and regulations which now are or may hereafter be adopted for other navy agents; and it shall be his duty to act as agent not only for the navy yard in this city, but for the navy department, under the direction of the secretary thereof, in the payment of such accounts and claims as the said secretary may direct. I. TERRITORIAL GOVERNMENT. Nebraska. 1. Territory of Nebraska. Boundaries. Slavery. May be divided, or attached to other states or territories. Indian rights not to be impaired; or authority of the general government to treat with them affected. II. EXECUTIVE AUTHORITY. 2. Governor. Term of office. Residence. His duties, &c. 4. Constitution of the legislative assembly. Council. House of representatives. Apportionment. Residence. Census. First election. New election in case of vacancy, &c. Subsequent elections. Duration of sessions. 5. Qualification of voters. 6. Extent of legislative power. Veto power. 7. Appointment of township, district, and county officers. 8. Exclusion of members from office. IV. JUDICIARY. 9. Supreme court. District courts. Jurisdiction. Justices of 30 May 1854 1. 10 Stat. 277 braska. Boundaries. I. TERRITORIAL GOVERNMENT. 1. 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 ope Territory of Ne- rations 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 territory, or any portion of the same, shall be received into the Union with or without Slavery. other territories slavery, as their constitution may prescribe at the time of their admission: Provided, 30 May 1854. That nothing in this act contained shall be construed to inhibit the government of the May be divided United States from dividing said territory into two or more territories, in such manner or attached to and at such times as congress shall deem convenient and proper, or from attaching any or states. 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 Indian rights not to be impaired. person or property now pertaining to the Indians in said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians; or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the 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 said tribe shall signify their assent to the president of the United States to be included within the said territory of Nebraska; or Or authority of the general go to affect the authority of the government of the United States to make any regulations vernment to respecting such Indians, their lands, property or other rights, by treaty, law or other- treat with them wise, which it would have been competent to the government to make if this act had never passed. II. EXECUTIVE AUTHORITY. affected. 10 Stat. 278. Term of office. 2. The executive power and authority in and over said territory of Nebraska shall be 30 May 1854 2. vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president of the United States. Governor. The governor shall reside within said territory; and shall be commander-in-chief of the Residence. militia thereof. He may grant pardons and respites for offences against the laws of said His duties, &c. territory, and reprieves for offences against the laws of the United States, until the decision of the president can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said territory, and shall take care that the laws be faithfully executed. Ibid. 3. duties. 3. 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 Secretary. shall record and preserve all the laws and proceedings of the legislative assembly here- His powers and inafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and journals of the legislative assembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence, semi-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 When to act as the governor from the territory, the secretary shall be and he is hereby authorized and governor. 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. III. LEGISLATIVE POWER. 10 Stat. 278. sentatives. 4. The legislative power and authority of said territory shall be vested in the governor 30 May 1854 2 4 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 qualifica- Constitution of the legislative tions of voters, as hereinafter prescribed, whose term of service shall continue two years. assembly. The house of representatives shall, at its first session, consist of twenty-six members, Council. possessing the same qualifications as prescribed for members of the council, and whose House of repreterm 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 apportion- Apportionment. ment 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 Residence. inhabitants of, the district or county, or counties for which they may be elected, respectively. Previous to the first election, the governor shall cause a census or enumeration Census. of the inhabitants and qualified voters of the several counties and districts of the territory, to be taken by such persons and in such mode as the governor shall designate and appoint; and the persons so appointed shall receive a reasonable compensation therefor. And the first election shall be held at such time and places, and be conducted in such First election. manner, both as to the persons who shall superintend such election and the returns thereof, as the governor shall appoint and direct; and he shall at the same time declare the number of members of the council and house of representatives to which each of the counties or districts shall be entitled under this act. The persons having the highest 30 May 1854. case of vacancy, &c. number of legal votes, in each of said council districts, for members of the council, shall be declared by the governor to be duly elected to the council; and the persons having the highest number of legal votes for the house of representatives, shall be declared by New election in the governor to be duly elected members of said house: Provided, That in case two or more persons voted for shall have an equal number of votes, and in case a vacancy shall otherwise occur in either branch of the legislative assembly, the governor shall order a new election. And the persons thus elected to the legislative assembly shall meet at such Subsequent elec- place and on such day as the governor shall appoint; but thereafter, the time, place and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives, 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: Fouration of ses Provided, That no session in any one year shall exceed the term of forty days, except the first session, which may continue sixty days. tions. Яons. Ibid. 5. voters. 5. Every free white male inhabitant above the age of twenty-one years who shall be Qualifications of an actual resident of said territory, and shall possess the qualifications hereinafter prescribed, shall be entitled to vote at the first election, and shall be eligible to any office within the said territory; but the qualifications of voters, and of holding office, at all subsequent elections, shall be such as shall be prescribed by the legislative assembly: Provided, That the right of suffrage and of holding office shall be exercised only by citi zens of the United States, and those who shall have declared on oath their intention to become such, and shall have taken an oath to support the constitution of the United States and the provisions of this act: And provided further, That no officer, soldier, sea man 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. tive power. Veto power. Ibid. 26. 6. The legislative power of the territory shall extend to all rightful subjects of legis Extent of legisla- lation consistent with the constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-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 such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house respectively. If any bill shall not be returned by the governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the assembly, by adjournment, prevents its return, in which case it shall not be a law. curs. Ibid. 27. 7. All township, district and county officers, not herein otherwise provided for, shall Appointment of be appointed or elected, as the case may be, in such manner as shall be provided by the township, district and county off-governor and legislative assembly of the territory of Nebraska. The governor shall nominate, and, by and with the advice and consent of the legislative council, appoint all officers not herein otherwise provided for; and in the first instance the governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the legislative assembly; and shall lay off the necessary districts for members of the council and house of representatives, and all other officers. Ibid. 28. Exclusion of members from office. 30 May 1854 9. 10 Stat. 280. Supreme court. 8. No member of the legislative assembly shall hold, or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during 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 legis lative assembly, or hold any office under the government of said territory. IV. JUDICIARY. 9. 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 successor peace. courts. court. the United shall be appointed and qualified. The said territory shall be divided into three judicial 30 May 1854. districts, and a district court shall be held in each of said districts by one of the justices District courts. of the supreme court, at such times and places as may be prescribed by law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both Jurisdiction. appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction Justices of the 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 as common law jurisdiction. Each district court, or the judge thereof, shall appoint its clerk, who shall Clerks of district 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, shall be allowed in all Errors and apcases from the final decisions of said district courts to the supreme court, under such peals. regulations as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court, or the justices thereof, Clerk of supreme shall appoint its own clerk; and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error and appeals from the final Jurisdiction of decisions of said supreme court shall be allowed, and may be taken to the supreme court supreme court of the United States, in the same manner and under the same regulations as from the States. circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other com petent witness, shall exceed one thousand dollars; except only that in all cases involving title to slaves, the said writs of error or appeals shall be allowed and decided by the said supreme court, without regard to the value of the matter, property 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 decision 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 Fugitives from justice and labor. affect the provisions of the "Act respecting fugitives from justice, and persons escaping from the service of their masters," approved February 12th 1793, and the "Act to amend and supplementary to the aforesaid act," approved September 18th 1850. And each of the said district courts shall have and exercise the same jurisdiction in all cases arising Powers of the disunder the constitution and laws of the United States as is vested in the circuit and dis- trict courts. trict 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 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 what causes to as shall be necessary, shall be appropriated to the trial of causes arising under the said have precedence. constitution and laws; and writs of error and appeal in all such cases shall be made to the supreme court of said territory, the same as in other cases. The said clerk shall Fees of clerk. receive in all such cases the same fees which the clerks of the district courts of Utah territory now receive for similar services. 10. The provisions of an act entitled "An act respecting fugitives from justice, and persons escaping from the service of their masters," approved February 12th 1793, and the provisions of the act entitled "An act to amend, and supplementary to the aforesaid act," approved September 18th 1850, be and the same are hereby declared to extend to and be in full force within the limits of said territory of Nebraska. Ibid. 10. Acts respecting fugitives to ex tend to Nebraska Ibid. 11. 11. There shall be appointed an attorney for said territory, who shall continue in office for four years, and until his successor shall be appointed and qualified, unless sooner District attorney removed by the president; and who shall receive the same fees and salary as the attorney of the United States for the present territory of Utah. There shall also be a marshal for Marshal. the territory appointed, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president; and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulation 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. 12. 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 or subdivisions in each of said judicial districts by proclamation, to be issued by him. But the legislative assembly, at their first or any subsequent ses Ibid. 17. Judicial districts |