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About Nebraska advertiser. (Brownville, Nemaha County, N.T. [Neb.]) 1856-1882 | View Entire Issue (Jan. 23, 1862)
TntESDAV MOUSING,' JAX.23. 1E52.
Then up with onr Aug! lot it stream on the air!
Though onr fathers areoold i their graves, -
They bad hand that couid strike, they had souls
that ctu.d dare,
A od thoir aona were not born to be slaves !
Cp. up with thftt banner ! where'er it may call,
Oar millions bU rally around;
A station fcf freemen that momentFhn.il fall
When iU stars ahall be trailed oa the ground.
Inltea Wc Stand ; Divided We
The first great and fundamental prin
i.iiiirr in inn i rrn a i j t luuii i:ir 11 u iii i 11 v
;he present trying crisis, should be unity;
unity of feding and action. We should
. never suffer the enemy to disconcert and
diride, ly throwing in our midst fire
" J raoda. "United we stand, divided we
ft . . -
ciwuu ucici we sigui ot. mat
.we should differ in policy, sometimes, is
perfecly natural, and that misukes occa
sionaliy" occur, is equally so. Instead,
however, of falling out in conseouence
(hereof, better profit thereby. We are
.led to speak thus, by discovering, on our
teturn, a difference of opinion in this
community as to the recent Jayhavvk ex
citement in this county. That the organ
ization gotten up in this county for the
.purpose of suppressing Jayhawking erred
in some respects, many believe. But to
doubt- the Joyahy, honesty, patriotism,
sincerity and good intentions of. the union
men engaged, will not do for a moment.
AH good, citizens cannot fail to disapprove
of an indiscriminate and irresnnndMa
system of Jayhawking, that mu.t neces
sarily result in demoralizing. deDonula-
ling and devastating this portion of the
Territory. How most effectually to pre
vent such a disastrous state of affairs is
an intricate question, we confess. That
tii-rc are enemies to the government. of
the United States in Southern Nebraska,
.we know; and that they should be dealt
vith as traitors, we believe. But let
what is done, be done by the legally
constituted authorities, civil or military,
and the proceeds be appropriated for the
support of the war for the preservation of
the Union, is undoubtedly the true policy.
' We are free to repeat- what we have
said heretofore over and over again, pri
vately and publicly, that so far as the
"-- iu ui j'ivj.'ciiy icueis, or even
jyinpathisers with the rebellion, may sus
tain at the hands of Jayhawkers, or any
body else, we have no tears to shed.
But we must protest against a course of
proteedure that must in its very nature
inaugurate a train of evils that will des
troy business of every character; pros
trate our. agricultural pursuits, and ruin
ih8 Territory. That there are those in
this rbmrouuity .who refused to enter an
organization in which were many who
bare been classed as sympathizers with
the, rebellion, is not strange. We are
among those who will be slow to forget
the sneers and taunts of certain men,
when this section of country, was like to
r.e overrun by disunion Jayhawkers, and
union tnen were spending their money
'and time to turnback that rebellious tide.
No wonder there are those who are loth
to affiliate with tnen who rejoiced at the
fall of Sumpter, the death of Ellsworth,
V 'a mm
Lyonana baker ; men who have no time
'or. money to spend or risks to run in the
preservation " of a government under
nhich they were born, and have lived and
flourished as have no other people on the
lobe, and are cow only stirred into ac
tion when their pockets are threatened,
under a state of affairs they themselves
are resbonsible for. ' -
But we speak to Union men, and urge
them, notwithstanding what' may have
occurred, 10 "be of one mind ;" be united
in your" efforts to preserve the Union, and
also to keep peace and quiet,' as far as
ruay be, in our midst. "Let by-gonesie
' There arc many, we are informed,
who had been misled, and made- to be-
lieve that Jayhawking wai approved by
our Territorial authorities. It was nec
.ary, at least, to undeceive such. These
facts being brought before Gov. Saun
ders, he has issued his proclamation in
reference thereto, and it now becomes
, the duty of all good citizens to see that it
i obserred. The Governor is determined
that litr and . order must prevail. To
this end he has communicated freely and
. urgently with Gen. Hunter in regard to
- miliary aid for this section of the Terri
tory. . We have before us a letter from
Gen- Hunter,' m which he promises as
sistance as speedily as possible. In ad
dition we also received a letter the past
wtk from Washington, informing us
tJ at our condition and necessities have
l ,o.n mA hpfnrt tr( SrrretarTT rvf War
and that steps will immediately be taken
i j nation United States, forces in South
era Itebrafcka. This being done secu
lity and tranquility ivill be ensured, and
our prople be permitted to' fellow their
Dtiuel vocations, provide for themselves
a nd contribute their portion in aid of the
p-ne ral Government iu iti efforts to crush
out thf rebellion.
In another column will be found com
munications from two worthy citizens of
this city, upon this subject. "We there
fore defer any further remarks until a
future issut. Oar oV ct is, tni will be,
to unite the peq le in" this region in all
matters pertaining o .their peace, quiet,
and welfcre. ' . -. s
"What Did the Legislature Do?"
Jjrhe.bQve Js .the -first .question asked
members on their return home. A few
may be able to answer it satisfactory ;
nany cannot. As an eye-witness, and
"one who kept the records," we presume
to say without fear of offending, tha
"many things were done that ' ought to
have been left undone, and many things
left undone that ouht to have been done."
Perhaps, however, the past session did
not .differ materially from proceeding
ones in this respect. While there was,
at least, an equal amount of assemble4
talent ;-a greater degree of sobriety and
"good looks ;" more sociability and gen
eral good feeling "when off duty," we
are constrained to assert a solemn convic
tion that we witnessed at ho previous ses
sion such an exhibition and exercise of
downright contraryness. But we are di
pressing. ' '
The following is a list of the general
acts passed at the session which termina
ted on the 10th inst:
originating in the council.
An A"t to amend an act entitled an act respecting
juries, approred Nov. 2, ,1858. -' - - i - .
An Act authorising suits to te orougnc Dy ana
ajrainst administrators and executors.
An Act to repeal sub-di vision "B" of section 1 9
of the criminal code. ' ' ' ' '
An Act to authoriae Sheriffs to errnd return
process issued by Probate" Judges od Justices of
the Peace. : i :
An Act in relation to road tax in the counties
South of the Platte RiTer, except Pawnee, and in
cluding Douglas county.
This act repeals the three dollar road
tax levied on each quarter section of land.
Applicable to all the counties South of
the Platte except Pawnee, and to Doug-
as county North of the Platte.
An Act to amend section 451 of the Code of civil
An Act to authorise the election of Church War
dens and Vestrymen in the Protestant Episcopal
Church. i i
An Act to repeal the 51st section of the School
Law. , , .
An Act to amend the act for funding the indebt
edness of the Territory. ' 1
The act passed last winter provided
that only such Territorial warrants as
were presented on or before the first day
of December, IS61, could be bonded.
The act of which the above is the title,
xtends the time indefinitely.
An Act to amend cnapter nine of the Election
An Act supplementary to the Military Law.
This supplement provides for the en
rollment of all the able bodied men in the
Territory, inflicting f pretty severe penal
ties for noncompliance with its provisions.
It is not, perhaps, Tfhat the times and
circumstances demand ; but it is the best
that could be done at this session.
An Act to encourage the growth of sheep.
An Act to amcn4 the Commissioners act.
An Act to amend sections S3 and 100 of the ciril
code. . -
An Act to amend certain terms and section of the
code of civil procedure. .
An Act to appropriate 500 to re-surrey the sa
line lands of Lancaster county.
An Act to further describe the duties of county
. An Act re?pecting election.
Ad Act providing for the election of judges of el
ections and defining their duties. -. ,
An Act to provide fcr the erections of mills and
mill-dams, and for other purposes. . '
: . ORIGINATING IN TBI HOCSB. :
An Act in relation to time of commencing civil
actions. ' '
An Act to encourage the cultivation of grapes.
This act exempts from taxation and ex
ecution one hundred dollars for. the first
cultivated acre of grapes, and fifty. dollars
for each additional acre. -
An Act to change the time of meeting of the Ter
The time of meeting of the Legislature
is changed from the first Monday in De
cember of each year, to the first Thursday
after the first Monday in January of each
year. - - . . , .'
An Act to attach certain unorganised portions of
Nebraska to the first judicial district.'
All that unorganized portion -of Ne
braska west of organized counties is ad
ded to the First Judicial District.
. An Act in relation to roads to regulate the dis
posal of the road fund, and to define the duties of
supervisors. - ...
An Act toconfirm the elective franchise to citiiens
residing temporarily on Indian reservations. .
This, if we remember correctly," ap
plies enly to temporary residents on the
Omaha ond Pawnee'reservatibns. -
An .Act to amend an kct for the appointment of
masters in chancery. . - , '
.This gives the District Judge power to
appoint masters instead. of the District
Courts, and also gives the Judge power
to remove for cause, and fill vacancies.
An Act to allow the funding of the indebtedness
oi the Territory. , .
An Act to amend an act providing for the settle
ment of the estates of decedents,. . ,
An Act to provide for tha ordinary expenses of
An act assigning district judges to their respective
The Judges remain as heretofore,
there being no act heretofore assigning
Act to provide for the copving of the journals
of the House and Council, at the annual session.
The Election Law.' will be found in
to-day's paper. . .We -will also publish
the Road Law and Mill Dam Law in
full. . ... ..: ;' r
In addition.to the above general acts,
there were sixty-six local laws passed,
principally for roads, mill-dams, ferries,
bridges, &c. Fifty-fife of .this number
originated in the House, and eleven in
the Council. .There were also eleven
joint, resolutions, passed, nine of which
originated in the Council and two in the
House. ' ., . .
The Census Ketnrns or NcfcrasKa
, for 1SC0.
Darinz the last session of the Legis
lature an cpr ionVnent bill. was intro
duced, havinj as a dta th3 last vote for
Delegate toConjrress. Members North
of Platte gave as a reason for not su
porting the bill that the vote referred
was not a correct data, but that they we
willing to make an apportionment upon
the census, returns. . Those making such
propositions, well knew that at that tim
the census return of. the Territory, th
on file in "the Secretary's office, was
instructions of the proper Department
Washington under seal of secrecy until
after they should be published by Con
gressl- The.friends of-the oppprtionment
measure made application to the Census
Bureau at Washington and obtained the
following statement from the Supenn
tendent, which we publish, both to show
the population and the gross injustice of
the existirg apportionment.
Dkwon, . . .
Ft. Randatl, Mil Bes'e
166 jPawnee Reserve, -67;
Platte and Madison,
421 ! Cnoreanixed county,
All N of Lat. 40 3 E,
by Long. 101 9 10 m
S. by Lat. 40. and
W. by Long. 103 9, 1,745
Clay County, , S
Ft. Randall, . 2
Kearny. , - 8
L'Eau Qui Court. 14
' Washington. 27th December
1 certify the foregoing statement of population to be
correct as collated from the official returns or tbestb
A letter from Capt.' Matthews, as well
as much other matter i3 crowded out this
Population South of the Platte,
Population aorth of the Platte,
South Platte OTer North Platte,
The opponents of an apportionment
were "taken back" on the exhibition of
this statement. Their fertile brains,
however, soon found a new dodge. The
organic act required theirs apportion
ment made by the Governor to be "as
near as may be, in the ratio of qualified
voters." This exhibit gave the whole pop
ulation, and consequently it was not a
correct data !
We call attention lo one or two items
more, and will discuss this apportionment
question more at large in future numbers
of our paper.
Sarpy county, North of the Platte rith
& population of 1,201 under the existing
apportionment has virtually firo members
in the Council; while Nemaha county.
South of the' Platte, with a population of
3,149, has one-half of one Councilman.
Douglas county, which the census returns
shows to have a larger population, it is
true, than any other in the Territory
only 1,174 more, however, than Nemaha
cast a less number of votes at the last
Delegate election than Nemaha, and yet
she has three Councilman to Nemaha's
one-half of cne. The present apportion
ment bears thus unequal and unjust
upon nearly every portion of the Terri
tory Sou4h of Platte. In fact there are a
number of counties without any represen
tatives whatever in the Council. Was
ever an outraged people more patient and
submissive? Does not such continued
patience and submission amount simply
to an acknowledged servility.
"Who Is Pawnee?"
"Prophets and Kings desired it long, and died without
The question, " who struck Billy Pat
terson," was perhaps never more press
ingly insisted upon, than the one, "who
is Pawnee?" the Omaha correspondent
of the Advertiser, VThat's Furnas' wri
ting! I know his style !" "Hollinghead
wrote and Furnas dictated those articles."
"That's Capitolum under a new name !"
'I believe Dr. Holladay or Dr. McPher
son wrote1 that article !" It was very
strongly intimated on .the floor of the
Council that our intimate friend Hon. W.
F. Sapp, one of the Douglas county Coun
cilmen, was the veritable "Pawnee," and
yet the problem unsolved takes a place
onlhe shelf along with "Billy Paterson."
In fact if the boasted pugnacious propen
sity 'of a certain gas establishment in
this city were really to be exercised, it
would be unsafe for "Pawnee" to doff his
now de plume, and appear in the shape of
flesh and blood ! .
Was it not for fear of subjecting our
humble self to the accusation of "taking
water," "backing down,1 4gettirfg scared,'
or something of that kind, we might say
we are not in the habit of writing com
munications for a paper of which we are
editor; and that what we write general
ly appears in the editorial column, under
our own name, and for all of which, in the
language of modern Legislative spouters,
"we hold ourself personally responsible,
here and elsewhere." Bji as the above
mentioned fear is before our eyes, we'll
not say any such thing just now.
This much, however, we will say, that
if he who said, "I'll bet 'Pawnee' is a
murderer, thief, liar and villain, and I
can whip him with any instrument he
may select," will give satisfactory bond
and security that he will do and perform
or attempt to the various high toned
acts, which he couches in such peculiarly
classic and refined language, culled with
care, no doubt, from the gentleman's pri
vate vocabulary, we'll agree to send for
"Pawnee," and have him "appear in per
son!" We doubt not his intellectual,
moral, and physical ability to cope .with
this modern pseudo mastodonian Draco.
, Hie Jajhawk Bill, v
' Most cf our .readers of course, are
aware that there was introduced into the
last Legislature, a certain Bill, known as
the "Jayhawk Bill." As the Nemaha
Delegation to a man voted against that
unparalled monstrosity, and for doing
which the friends of that measure, at the
capital and elsewhere, have been pleased
to denounce them as sympathizers with
Jayhawkers, we here copy the Bill as
it was introduced into the Council :
. For an Act to Suppress Jayhawking.
Whereas, In certain places of the
Territory, organized bands of armed men,
and robbers, and thieves under the ap
pelation of "Jayhawkers,'-' have been and
are now engaged in plundering, and
robbing good and peaceable citizens of this
Territory, and committing outrages upon
persons without provocation, by using
threats of violence, and in some instances
by, attempting to take life and inflicting
frightful wounds upon persons now for
the purpose of suppressing such armed
bodies of men, and preventing ruch out
rages In the future: Be it enacted by the
Council and House of Representatives of
the Territory of Nebraska. -'
Section 1. That all armed bodies of
men, consisting of two or more, who shall
hereafter commit any robbery, theft, or
forcibly and against the will of the owner
or owners, take any goods, chatties, stock,
or property of any value whatever, be
longing to another, shall be deemed
guilty of Land Piracy, and upon convic
tion thereof be punished by death.
Sec 2. That if any person shall har
bor, feed, aid or abet any person or per
sons engaged in plundering, robbing,
thieving or depriving persons of their
property, knowing such persons to be so
engaged shall be deemed accessory be
fore the fact, to Land Piracy, and shall
upon conviction thereof, be punished by
Sec 3. That it shall be lawful for any
person or persons to kill, slay, and des
troy by all- and every means known for
taking of life, any armed persons who
shall at the time of such killing be en
gaged in plundering, or stealing, or rob
bing, or attempting to forcibly take and
carry away any property belonging to
another, or while secreting, removing, or
driving away, or attempting to place any
property or stock beyond the reach of the
Sec. 4. Be it further enacted that
hereafter, when any unknown person,
having no legitimate business shall come
into any county of this Territory, or any
place therein, who shall excite the suspi
cion of any resident citizen, it - shall be
lawful for any such citizen to go before
any Justice of the Peace and make oath
that he has reason to believe and does
believe that such unknown, or suspicious
persons is a suspicious character, and in
said county or place for no lawful purpose.
Such Justice shall thereupon issue a war
rant for the immediate arrest of such
suspected persons, and if such, persons
shall fail to give a satisfactory account of
him or herself, such Justice of the Peace
shall immediately require such-suspected
person to enter into good and sufficient
surities with two resident free holders for
his future conduct, and on failure to give
such security, such Justice shall forthwith
order such person to leave the Territory.
In all candor we ask, was ever before
a civilized Legislature asked to vote for
soch a barbarous act ? Such an act" would
supercede the criminal code, and make ev
ery man judge, jury and executerllt would
be worse than the Spanish Inquisition !
It would legalize Jayhawking, and that,
too. of a character demoniacal without
precedent. Under it all the old feuds
and quarrels, common to this as all other
new countries, would be settled with
powder and ball, poisoning, burning at the
stake ; in the language of the act itself,
"by all and every means known for taking
life !" We venture to say that in less
than a twelve-month it would have de
populated Southern Nebr?ska so far as
good citizens are concerned, leaving it
in the hands of Jayhawkers of the deep
est dye. As an humble citizen of Ne
maha county and of the Territory of Ne
braska, we endorse the "Nemaha Dele
gation" for their action on this bill, and
believe that in cooler moments all good
citizens will do the same. - ; .
The "Nemaha Delegation" we further
say, as an eye-witness of all their Legis
lative acts, are deserving of the plaudit,
"well done thou good and faithful ser
vants." They battled manfully for the
right , in every instance. They had a
watchful eye,' both to their constituency
immediate and at large, and have resided
in this county full as long, and understand
full as well its wants and the wishes. of
its inhabitants, as some who have scarce
become acclimated, and have so much
fault to find.
District Court, for Otoe county, is
now in session at Nebraska City, Judge
J. E. Streeter, the newly appointed as
sociate Justice, presiding. Judge Stree
ter held court during the month of De
cember in the First Judicial District at
Omaha, where he made a most favorable
impression upon the legal fraternity.
He is pronounced a very able lawyer,
and his fine social qualities win him
friends wherever he goes.
Our enterprising townsman, Theo.
Hill, has been . engaged somewhat ex
tensively in putting up pork in this city
this winter. .While it is true that prices
are "ruinously - low " Mr. T.- has paid
higher than any other packer in the Ter
ritory. We looked through his estab
lishment the other day, and found a very
superior lot of pork, and put up in num
ber one style.
Ratbkr Thiw. A gentlemen in the Council,
while the apportionment bill wm under considara
tion.said bethought he had o represent the whole
Territory, instead of his immediate locality. We
would suggest that the rmall county cf D pre
sents quite as ltry a turfice as tie gentleman
can t pvaiently tj"" hiiuelf oTer;nl if he
undertake t coper the entirn Territory, he will be
spread out so thin t'uit there will be no substance to
him. In attempting to span too itid breach '
tinij'e itf-p ther in considerable d inger of a rupture
or jit of the snntorny, a til eten "seven league
booti" are not equal to the journey from Richard
son county to Siuux City at a single stride. Owa-
When "Z7xtrw" meet, there is usually some
ermid euiutr.ucitv of corruption, in which each party
gels its appropriate hare, but we wi!l not attempt
to account for the co-operatin of the "far Jkorth"
with toe "sunny outh in an attempt to secure tLa
passage of the apportionment bill. Ib.
Did Not Pass. Desrite Congressional trades,
and the treachery and sale of North Platte men, and
the workings and strivings of several embryo Con-
gressmen, the apportionment bill did not pass. ib.
The above choice paragraphs are un
doubtedly intended as a "drive" at the
Hon. Johjt Taffe, of .Dakota county,
who occupied and honored the honorable
position of President of the Council at the
last session of the Legislature, and who
was the only member of that body North
of the Platte who voted for a new appor
tio&ment. The apportionment wa3 not a
sectional measure. It was a matter of
justice and right to the people of Nebraska;
not to effect North or South Platte either
beneficially or injuriously. It was to give
a representation in the Legislative As
sembly in accordance with the population
or qualified voters. When Mr. Taffe,
as President of the Council, was about to
give his vote the casting vote he stated
that on that question he was not the rep
resentative solely of an immediate con
stituency to whom he was indebted for a
seat on that floor, or of. either section of
the Territory known as North or South
Platte ; but of the people of the whole Ter
ritory, and that as a. matter of justice
and right, and in compliance with his oath
of ofike and the requirements of the or
ganic act, he kvoted for the Bill " The
Bill then and there acted upon, we will
further state, was really not an appor
tionment Bill, but was merely authorizing
the Governor to apportion the members
of the Legislature, using as a data the
census return? of I860. Because Mr.
Taffe, in the faithful and impartial dis
charge of his duties as a Legislator, stood
above mere sectional feeling, and refused
to be intimidated, he is thus spoken of by
a press which claims, and represents a
people who boast that they are not actua
ted by selfish or sectional motives!
"Acts" are said to "speaks louder. than
Notwithstanding the Bill then under
consideration failed to become a law, the
vote of Hon. John Taffe, of Dakota
county, will ever stand, and be considered
by a people demanding only what is
guaranteed them by our form of govern
ment, at least as among the brightest and
most praisworthy acts of his Legislative
Fight in Eentnckj.
Louisville, Jan 20.
Gen. Thomas telegraphs to headquar
ters that on Saturday night Zollicoffer
came up to his encampment and attacked
him at six o'clock on Sunday morning,
morning, near Webb's cross roads, in the
vicinity of Somerset. At three o'clock
in ihe afternoon Zollicoffer and Baily
Peyton had been killed, and the rebels
were in full retreat to their entrench
ments at Mill Springs, with the Federals
in hot pursuit.
Later. Gen. Thomas on Sunday af
ternoon followed up the rebels to their
entrenchments, sixteen miles from his
own camp, and when about to attack them
yesterday" morning, found their entrench
ments deserted, the rebels having left
their cannon, quartermaster's stores, wa
gons, horses, tents, &c.; which fell into
or hands. The rebels, in dispersing,
had crossed the Cumberland river in one
steamboat and nine barges, at White
Oak Creek, opposite their entrenchments
at Mill Springs. 275 rebels were killed.
The Tenth Indiada lost 75 killed and
wounded. ' Nothing further of the fed
eral loss has yet reached us. The Baily
Peyton killed in the recent engagement
proves to be Baily Peyton Jr., who was
attached to Zollicoffer's staff.
Washington, Jan. 18.
A general inspection of transportation
took place yesterday. Over 1,000 wag
ons and teams were reviewed in one body.
Mr. Cameron surrendered his portfolio
to Mr. Stanton yesterday.
An official report from Gen. Halleck
says Major Hubbard's cavalry attacked a
rebel force of 900 at Silver Creek, How
ard county, under Col. Porndexter, on the
16ih. and routed them. The rebel loss
was 40 killed and 60 wounded; our loss
6 killed and 19 wounded. We also cap
tured 160 horses, 60 wagons, 105 tents,
100 kegs of powder, 200 guns, and 2S
'The Senate Military Committee are
still engaged in' examining the appoint
ments made by the President, principally
for the army. The number of Brigadier
Generals is nearly seventy. They will
recommend for confirmation all except
twelve or fourteen, who will be reserved
for future consideration.
On motion of Mr. Daily, delegate from
Nebraska, it was
Resolved, That as Alabama had' trea
sonably entered into the rebellion, the
Committee on Public Lands inquire into
the expediency of -confiscating certain
lands selected by that State under the
law of Congress, anri that the same be
applied to the use of a seminary now in
operation in that Territory.
Capt. Thompson, of company "C,"
First Nebraska Regiment, returned to
bis home in this city last week. Contin
ued ill health compelled Capt. T. tore
sign his position. The Regiment is now
in comfortable winter quarters, at George
An let Respecting Elections.
Section 1. Bi it Exacted bt ths Corscn.
IIorSB OP IU?RF?EXTAT1TE3 c? THS TlBRl TO
RT Of Nebraska: That the general elections of
this Territory shall te hell on the second Tuesday
of October, of -each ye ir..
L; kc. 2. A Delega: a to" Cor r-s3 and members of
the Council shall be el cted at te general election in
the year ISS2, and eve-y second year thereafter ; and
members of thelloui eof Representatives shall be
elected yearly at the general election. Territorial
officers, vis: One Territorial Auditor and School
Commissioner, and one Terrrtorial Treasurer and all
County officers, vis . One County Commissioner, one
Probate Judge, one County Clerk and Register, one
Treasurer, one Sheriff, one County Surveyor, one
Prosecuting Attorney and one Coroner for each
county and two Justices of the Peace, two censtahles
and one Precinct Assessor for each Precinct. hall be
elected at the general election in the year 1863 and
every two years thereafter, Provided, That when
any office shall become vacant by reason of death,
resignation, or otherwise, it shall be fillei by elec
tion a', the next succeeding general election.
Sec. 3. The several County Commissioners shall
at least thirty days previous to any general eletion
cause three written or printed notices thereof to be
posted up in each election precinct, which notice
shall contain a list of all the offices to be balloted
for at said election ; and in case of a special elec
tion, such notice shall be given at least eight days
prior thereto said notice to be.anearlyns circum
stances will permit, as follows, to-wit : "Notice is
hereby given, that on Tuesday, the . day of
October next, at the house of :- , in " . pre
cinct, in the county of , an election will be
held for Delegate to Congress, one Councilman,
three Representatives, one County Commissioner,
4c, (as the case may require,) which election will
be opened at nine o'clock in the morning, and will
continue open until six o'clock in the afternoon of
the same day.
y order of the County Commissioners this
day of , a. D, 18 .
Sec. 4. The polls at all elections shall be opened
at nine o'clock in the morning and eloie at six o'clock
in the evening of the same dvv.
Sec. 5. Every free white'malo citizen of the
Lnited States, and those who have, in o.'cordince
with tbe laws of the United Statet, filed their dec
claration of intention to become such, and who have
attained the aie ot twenty-one years, shall be en
titled to vote at any election in this Territory: Pro
ridrrf,they shall have been actual residents of the
Territory forty days, of the county twenty days, and
of the precinct or ward where he intends to vote ten
days next preceding the election ; and the Judges
of Election, in determining the residence of a per
son offering to vote shall be governed by tho Mow
ing rule?, so far as the same may be applicable :
First, That place shall be considered and held to
be the residence of s person in which his habitation
is fixed, without any present intention of removing
therefrom, and to which, whenever he is absent, he
has the intention of returning
Second, A person shall nof be considered or held
to have lost his residence, who shall leave bis home
and go into another Territory orStatt, or county of
this Territory, for temporary purposes merely, wi h
an intention of returnino'.
Third, A person shall not bo considered and held
to have gained a residence in any county of this Ter
ritory into which he shall come for temporary pur
poses merely, without the intention of making such
countyhis home, but with tho intention of leaving
the same whenever the business that brought him
into it sha!l be completed,
Fourth, If a person remove to another Territory
orbUte.intendingtomake his permanent re-idence.
ne Bnaii ne considered and held to have lost his res
idence in tais Territory.
Fifth, If any person remove to another Territory
or Stale, intending to remain their for an indefinite
time, and as a placeof present residence, he shall be
considered and held to have lost his residence in
this Territory, notwithstanding he may intend to re
turn at some future period.
Sixt The place whore a married man's family re
sides shall generally be considered and hel d to be h is
residence; but if it is a place of temporary estab
lishment only, or for transient purpose, in shall be
Seventh, If a married man has his family fixed in
ene place, and he does his business in another, the
former shall be considered and held to be the place
of his residenee.
Eighth, The mere intention to acquire a new resi
dence, without the fact of removal, shall avail noth
ing; nor shall the fact of removal, without the in
tention. iVinth, If a person shall go into another Territory
or State, and while there shall exercise the right of
a citizen by voting, he shall be considered and held
to have lost his residence in this Territory.
Sec. 6. Each elector shall, in full view of the
peopled assembled at the polls where he offers to vote,
deliver in person, to one of the Judges of Election,
single ballot, or piece .f paper, on which shall be
written or printed the names of the persons Toted
for, with a pertinent description of tha of3oe which
he or they may bo intended to fill.
Sec. 7. And person who shall wilfnllyvote in
any precinct or ward in which he has. not actually
resided for tjn days next preceding the election,
shall, on conviction thereof, be fined in any sum not
exceeding one hundred dollars, and be lmr.riHonpd in
the jail of the county not less than one month, nor
more man six monius
' Sec. 8. Any person, being a resident ofthis Ter
ritory, who shall go into any county, and vote there
in, not being a resident of such county, shall, on
conviction thereof, be fined in anv sum not exceed
ing five hundred dollars, and be imprisoned in the
county jail and put on bread and water not less than
live, nor moTo than fifteen days.
Skc, 9- Any resident of another Territory or
Disie, wno snail vote in tnis territory,' shall, on
conviction thereof.be imprisoned in thenenitentirv
and kept at hard labor not less than one Tear, nor
it r '
mora man uve years. .
Skc, 10. Any person who shall Tote in this Ter
ritory, who has not been a resident thereof forty
days immediately proceeding the electitn ; or who,
at the ti me of the election, is sot twenty-one years
of age, he knowing the same ; or who is cot a citizen
of the Unittd States, or declared his intention to be
come such, as provided bylaw, he knowing the same
shall, on conviction thereof, be imprisoned in the
penitentiary and kept at hard labor not less than six
months, nor mora than three years.
Skc. 11. Any person who shall procure, aid,
counsel oradri?e another to give his vote, knowing
that such other person ha not been a resident of
this Territory forty days immediately proceeding
the election ; or at the time of the election is not
twenty-one years of age ; or that he has not declared
his intention to become a citizen of the United States
as provided by law ; or that he is not duly qualified
from other disability, to vote at the plce where,
and the time when, the vote is to be given, shall, on
conviction thereof, be fined in any sum not exceed
ing five hundred dollars, and be imprisoned in the
penitentiary and kept at hard . labor not less than
one year, nor more than five years.
Sec. 12. Any person who shall croeure.aid. .aist
or advise an ther toeo into anv eountv f.ir th nnr-
poseof giving his vote therein, knowing thst such
other person is not qualified to vote in such county
shall, on conviction thereof, be imprisoned in the
penitentiary and kept at hard labor not lens than
two years, nor more than five year.
SEC. 13-. If any person shell attompt. by bribery,
to influence an elector cf this Territory in giving
bis vote or ballot; or shall ue anv threat to bwu re
any elector to vote contrary to his own inclination :
or todeter him from giving his vote or ballot such
person shall, on conviction thereof, be fined in any
sum not exceeding one thousand dollars, nor 1m
than three hundred dollars, and be imprisoned in
the county jail of the proper county, not less tbsn
one month, nor more than six month.
Seo. 14. Any person who shall furnish an eTrc
tor who cannot rend, with a ticket, informing him
that it contained a nam or names different from
those which are written or trinted thereon, with
an intantion to induce him to vote contrary to his
inclinations, or wno snau iriujalently or detfoI
ly change the ballot of an elector bv reason cf which
:uch elector shall be prevented from votinsr for sn. h
J candidate or candidates as he intended, shall ,nn con
viction thereof, be empridoned in the nenitentiarv
and kept at hard labor not less than one year, cor
more man turee years.
Sec 15. If a person offerinzto vote is cballen'Hi
as being nnqualsfied, by one of the Judsre of the
Election or by an elector, one of the Judges shall
lenaer to mm me roiiowing oatn or affirmation :
"Yon do swear f or affirm ) that vou will trnlv an
swer all such questions as shall be put to vou touch-
ing your place of residence and qualifications as an
elector at ttns eleetion.
first, ir the person be challenged a unqualifled
on the ground that he has not made bis declaration,
cf intentiontion to become a citizen ef tha United
twites, tne judges, or one of them, shall rut the
fohowirg questions : Have you made your declara
tion ef intentM n to beoome a citizen ef the Unite.!
States V" If the person offering to vote answers
affirmatively, be shall, before his vote is received,
Erodueefort.be inspection of the Judges of Election
is declaration of intention to become such citizen.
properly sworn to borore competent authority, and
shall also state, under oath or aSrmation, that be
is the iientical person namd therein: Provided,
Inat the production cfsaid declaration shau be ! Li
censed with, if the person offering to vota gbill
jtate, under oath or affirmation, when and where he
made such declaration of intention to becotne eiri
zen of the United States, and that agaiast hl- will
his paper containing evidence ot hi. havmg o m:vde
his declaration lU destroyed, or beyond bi pow
er to produce to the Juices of Eleetion: Prorid-4,
further, That if he shall state, under oath or affir
mation, that by reason of the naturalization cf bis
parents, or one of them, he has heoorao a citizen of
khe United States, and when and where his parent
or parents were naturalized, no declaration cf hi
intention to become such citizen need be pnlneed.
If the person be challenged as unqualified on the
ground that he Las not resided a this Territory for
lit TT. ....
. resi st in this Tr
days inmediAtely pre v, r A 'CT7 f'
If yes, then, 34. ,hi lef ai
for a temporary purpose with the der 7 2
4th. "pidyou.whusaWit.looka-1 .-
this Territory as yonr home ?" rrirt
5th.."Dil vou wh-:i .;. .. "
Territory Sf,.--. T0" "
J " .. VI. .
TW Ir .1 . ..
. tu person oe enaiien-'ad
on the ground that he not a resident nV.TH
ty, precmctor ward, when he sl I fthoB'
j udges, or one of then, sua.! pa. th. ? Tnt ti. :
1st. "Have you resided in thU count f
days last past V . , BatJkhrntj
2d. "Have you resided in this nrer,.
for ten days last past V VciEci ( w
3d. "When did you last come lata
4tb. "When you come into t&ia cout' r ;
temporary purposes merely, or .iV,WMfor
making it your home ?" - P7!
5th. - Did you eme ir,o th ecar- .
the purpose of voting therein V 7 BeWv tot
- th. "Are you now an actual resile,,. -
cinct(orward)?" e?Vsr Ihh prv
Fourth, If the person be ct aliens a. j
fied on the ground that he is not twe'niv
age. the following question shall be rmt'
"Are you twenty-oae years of 2, It. .
your knowledge and belief f " of
The judges of election, or one of than, .v
all such other questions to the person m
under the respective revision, of this Vt
be necessary to test his qualiSv-atiou. u a-M.iJ
at that election. M n ,JV)r
Skc. 18. Anyenon who ahaM V .
once at the same election, shaJL on sonrtd
of, be imprisoned in the PeniC aSY
hard Ubor not leas than oneyear afe;
c.-. it t :
Tv " 1 n !fl:1 rfr'" TO take A
oath o affirmation provided for in tHt J.. i "
sum i rrjociea ; ana atter such o;Si ,Wi
been taken by such person, the jj . V1 W
theles, refuse to receive ,' tJS 'iVfe
satisfied from record. A A 7 ,taJ
from record, evident, or th il',L ,
efore them that he U n"
ary oath or affirmation to all
WirnayaJ v. .
for- thorn tn Mi.r. K- . -K
na. ring o vri;.
Sec. IS. If apor?on's vt.te beeba:v,-i
ct t -i; iuij , WINCIM
may be necessary, the judges of election, or. Tf
of a pmoa
do soiemtly swear (or a5rm th.it jjfj rs a'eit
of the United States, (or have m.oio j -Jr
iii.u vi micuuori n-oecvm surl.tof the i rf
twenty-one ye;ir : that you hare b-.n an .r.habita-t
of this Territory for. forty d.iy nTt f rn--tjio. th
election : that you are now aa a,-t r-.'..nt..f
precinct (or ward,) and that jou. hav not voted
this election." :;.. ; . .
,,t-,i aj -r I ir mi - ..( s4U hrW!T-
ed. after having tak;n the oata prcenM ia th
thirteenth scf ion of tblsa-jt, it ci'lheidntT,
the C'.erk of the elation to write h t!x w.,i;-b t
at tb enl of the tame of auch pi-rr, ths niri
Sec. 20 Any person who, shall. fvr -h-i . .Vain
of the Polls. fraadu!"c'.ly put a b!'f.-.r bsll u,
ticket or ticket mt the laJL.t-box. .Ul!,..n eVa
vietion thnf, b- imvri.-'l in ihts PniUntiari
and k-pt ai b ir i i.,v,jr nvi h ti thau 0a- jrar ncr
m"re thtiri fivf y.-ars.
iec. 21. Any Jud-e of the Election ho ih:i
after th owning of the polls, pat a baHot or tick t
intt. tha bal!..t box. except his own, or su-Ji as may
be received in the regular discharge of his dotv,
shall, on conviction thereof, be imprisoned ia the
penitentiary, and kept at hard labor not less than ens
year nor more than five years.
Sec. 22. If any person challenged as uaqntliSed
to vote shall be guilty cf wilful and eorrvi't f!e
swearing, or affirming, in taking any oath or arma
tion prescribed by this Act, such persons shall b
adjudged guilty of wjlful and cirrupt penary, and
upon conviction thereof ahull safer the puaianienl
attached by the laws of this Territory t the cruet
of perjury. '
Secs 23. If any Juge of the Election shall know
ingly receive, or sanction the reception of a vots,
from any person not having ail the qnalif ?a:ioni of
an elector prescribed by this Act; or shadreceirsw
sanction the reception of a ballot from any ptrsna
who shall refuse to answer any question which ib!l
be put to him in accordance with toe provisions of
this Act ; or shall refnse or sanction the refusal ky
any other Judge of the Board to which b i iball be
long, to admiaister either of the oalhsoriSmatloni
prescribed by thi Act ; or if any Judje,fT Clerk of
Act, shall be guilty of any wilfulneglect of juch da
ty, or of any corrupt conduct in the execution of ths
same, such Judge, or Clerk, on convictioo taerwf,
shall be imprisoned in the peni'entiary aal kept at
hard labor cot lesa than one year, nor more thanCrt
years. ' i .
Sec. 21. Every person who shall be" convicted,
and sentenced to be punched; by in&priscntnent in
the Penitentiary for any offence speeded in. this
Act ; or who shaJl be convicted of, and senwno'nl for
bribery, nnder the provisions of the Act; shall be
deemed forever after incompetent to be an alecter,
or to hold any office of honor, trust, or pro fit, within
this Territory, anless such convict shall rereive from
the Governor of this Territory a genera.! pardon,
under bis hand, and the Seal of this Tarritorf, in
which case said convict shall be restored to all bis
eivil rights and privileges. .
Sec. 25. . Kothing contained. in thl Act, so faf u
the same relates to the length of time required of
the voter to reside in the precinct or ward where b
offers to Tote, shall be held, taken or construed, to
apply to any voter, who is tha head, of family,
shall bona fid rsmove with his family fri muo
ward to another within the corpora: liaiita- of iay
city in this Territory, or who shall rrn're 'r-ni one
precinct to another within the somo county.
Sec. 25. The return of each election', e .pse?
he poll book and tally list, full and coi-.-ploU-, staU
be forwarded to the County Clerk ( f thi. unty in
which the election is held, and on the rcerionuf
such returns by the County Clerk, and within fra
days from the closing of th pel's, he, tc ? setter, with
two di-intered bondholders of tl.c coiitty. Jao by
him, shall ojen s;id return and ctslce :il trac3
the votes east for eaoh several o.li -er at xtid ela
tion. . "
Sec. 27. After such abstract i-ciade a:i J to
votes counted and compared, the pr- if firic?the
highest number of votes for such effi Fh:l be de
clared duly elsctcd, ml the County Cbrfc at alt
sue a certificate accordingly.-
Sec. 23. In case of a tie ia the s!'ctioD, or a va
cancy in any Territorial offi-.-e, tha Converter il.ll,
by appointment, fill saoh vacancy ; and in ease of a
tie or vacancy in any county office, except tbtf
County Commissioner, sui'h vd'-ancii-s 'ball be 2IW
by appointment by the board of County Commis
sioners ; and in ca.-e of a t: or stcswy in tb.S
of County ('oinn.L-'t'uer.hUch vacancy ffcali be lM"
by appointment by the County ' ' rt, l.'r-Ura
Judge and IVesocu-irg Attorney cf '!
any two of thorn. aDd the i "
such vacancy shall h..IJ his Zr.t ujvi: r ; : r gen
Sue. 2. "When two. or m' cmr?" ';m
bra. cd ia on? Council it iv; rffo t :'-
the Clerks f the sevr;.! o u::'i-- ii; ' i f
shall, wihin -ii davs V'lM'- t!-; n.ri :'rr
mail to theCl-rk ui the n.'.rfy m-d w.
act crratinv; h Diftrict, cot--c: abstract-of. aj
votes cast in tha several c "-ties (-musing
DisLri.-t f r Councilman or Kc r-.'n!afiv, and the
Clerk . f 'he county firs: i.auicd ia the act. creaun?
the l)i.-:n;t, on tha re-C( i.,a of tirb reCumsor ab
stracts. -hall elect w.. disinterested housefc older.
and ih three shall cmpare the vote gives m w
several counties as shown by the abstracts returned ;
and the said Clerk shall make out and deliver to ta
i-eT-on bavin? the highest number of votes let ' t-
Council or Ilouse cf P.epre'enU'.iTes certiSc ot ej
ection, which sh all be delivered to the prcper per
son or tis agent, when called fjr. . ' ' -Sec.
30i Whenever any candidate or elector r
any County or Council or Representative- I)lt"f
chooses to contest the validity cf an electwa or W
right of any pssrsoo. proelaime'l do!y elected to ie
in the Council or llouse of RepresenUtivw, tun
person shall give notice thereof p wrisg. to tn
person whose election he intends to eon test, or !
a written notice thereof at the house w-
person last resided, within twenty days auer
election, expressing the point3 on which tbta
will be contested, and the name of two J
the Peace, who will officiate at the taking of
depositions, Bnd when and where they wulaiiea-i
thUking cf the same; and u:h notice shad be
served, t least en days before the day pointed oil
therein for the Ukingof the Jesition, : f'J'
That the time r0f taking such depos.t.oni sLa.1 not
exceed thirty days from the uay cf election.
Sec. 31. The said justices, or cUker of them,
shall have power and are hereby authorized to
subrnas to all rn3 whof0 testimony nay
required by either of tho parties; and tne mtxd t
branch of tha Legislative lmJ JT.
son who scat is contested may ho returned to W
at ita next sewion. . ., ' 1 . pt
justices. wben met, shall hear and take in writ
and certify under seal all testiamny relive to i
eontestai election, to the pres.d.ng We? or
32 No proa sha!l contest the election ez
"';!,m or Ir.resi3tative, unless k a
lector of that county orditrict fr-m which t'ra T
ni returned towrrc; a(,d &o te-tJ'7 aa
r;r.-,l bv the iajiti.:e.i on the tart oi tao
contesting'the election which d not relate- ta w
p InU specified in the notice ; a eop7 of wbl-a. TL
tie ihal! be delivered to the said jastict, w W
them transmitted to the presiding ort w
branch of the Legislative Assembly where the con
. . . . i. . Her aceumr'
test IS to M aeciaeu, win. w. - - - . .v.
Sec. 33. Any person dw . -7.
election vlkuj dcvUre-j eiscua
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