When citizenship shall be forfeited. all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest number, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But, in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President. 2. The person having the greatest number of votes as VicePresident, shall be the Vice-President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for that purpose, shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. 3. But no person constitutionally eligible to the office of President, shall be eligible to that of Vice President of the United States. ARTICLE XIII. If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honor, or shall, without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them. AN ACT TO ORGANIZE THE TERRITORIES OF NEBRASKA AND KANSAS. tory of Nebraska Boundaries. Admitted as a State or States with Power to divide attach a portion of Be it enacted by the Senate and House of Representatives of Temporary_govthe United States of America in Congress assembled, that all ernment for Territhat part of the territory of the United States included within established. the following limits, except such portions thereof as are hereinafter expressly exempted 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, or without Slavery. created into a temporary government by the name of the Ter- said Territory, or to ritory of Nebraska; and when admitted as a State or States, it to a State or Terthe said Territory, or any portion of the same, shall be received ritory reserved. 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 Rights of Indians person or property now pertaining to the Indians in said not impaired. 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 authority over said Nebraska, or to effect the authority of the government of the Proviso. in said Territory United States re tain their present Indians. The executive power vested in a duties and emolu ments. United States to make any regulations 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. SEC. 2. And be it further enacted, That the executive powgovernor, his term er and authority in and over said Territory of Nebraska, shall of office, powers, be 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. The Governor shall reside within said Territory, and shall be commander-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 of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the laws be faithfully executed. Secretary, his powers and duties. SEC. 3. And be it further enacted, 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 Legislative Assembly hereinafter 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; In case of death, and in case of the death, removal, resignation, or absence of val or absence of the Governor from the Territory, the Secretary shall be, and governor, the Sec- 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. resignation, remo retary to act as gov ernor. Legislative power; how vested. SEC. 4. And be it further enacted, That the Legislative pow Leger and authority of said Territory shall be vested in the Govto consist of a Coun-ernor and a Legislative Assembly. The Legislative Assembly cil and House of shall consist of a Council and House of Representatives. The islative Assembly Representatives. Council shall consist of thirteen members, having the qualifications of voters, as hereinafter prescribed, whose term of service shall continue 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 Number of coun- year. The number of Representatives may be increased by sentatives. the Legislative Assembly, from time to time, in proportion to the increase of the qualified voters: Provided, That the whole lors and represent- number shall never exceed thirty-nine. An apportionment shall be made, as nearly equal as practicable, among the several cillors and repre Number of council atives limited. |