Kansas-Nebraska Act (1854)

堪萨斯-内布拉斯加州法案 (1854)

· US National Archives|Milestone Documents · 原文

Citation: Kansas Nebraska Act of 1854; 1854; Enrolled Acts and Resolutions of Congress, 1789 - 2011; General Records of the United States Government, Record Group 11; National Archives Building, Washington, DC.

Citation: Kansas Nebraska Act of 1854; 1854；国会登记法案和决议，1789 年至 2011 年；美国政府总记录，记录组 11；国家档案馆，华盛顿特区。

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Officially titled "An Act to Organize the Territories of Nebraska and Kansas," this act repealed the Missouri Compromise, which had outlawed slavery above the 36º30' latitude in the Louisiana territories, and reopened the national struggle over slavery in the western territories.

该法案的正式名称为“组织内布拉斯加州和堪萨斯州领土的法案”，废除了《密苏里妥协案》，该协议禁止路易斯安那州境内纬度 36°30' 以上的奴隶制，并重新开启了西部地区奴隶制的全国斗争。

In January 1854, Senator Stephen Douglas of Illinois introduced a bill that divided the land immediately west of Missouri into two territories, Kansas and Nebraska.

1854 年 1 月，伊利诺伊州参议员斯蒂芬·道格拉斯提出一项法案，将密苏里州以西的土地分为两个地区：堪萨斯州和内布拉斯加州。

He argued in favor of popular sovereignty, or the idea that the settlers of the new territories should decide if slavery would be legal there.

他主张人民主权，或者认为新领土的定居者应该决定奴隶制在那里是否合法。

Anti-slavery supporters were outraged because, under the terms of the Missouri Compromise of 1820 , slavery would have been outlawed in both territories since they were both north of the 36º30' N dividing line between "slave" and "free" states.

反奴隶制支持者感到愤怒，因为根据 1820 年密苏里妥协案的条款，奴隶制在这两个领土上都将被取缔，因为它们都位于“奴隶”州和“自由”州之间北纬 36°30' 分界线以北。

After months of debate, the Kansas-Nebraska Act passed on May 30, 1854.

经过几个月的辩论，《堪萨斯-内布拉斯加州法案》于 1854 年 5 月 30 日获得通过。

Almost immediately, pro-slavery and anti-slavery settlers rushed to Kansas, each side hoping to determine the results of the first election held after the law went into effect.

几乎立即，支持奴隶制和反奴隶制的定居者纷纷涌向堪萨斯州，双方都希望确定该法律生效后举行的第一次选举的结果。

The conflict turned violent, earning the ominous nickname "Bleeding Kansas." The act aggravated the split between North and South on the issue of slavery until reconciliation seemed virtually impossible.

冲突演变为暴力冲突，赢得了“流血的堪萨斯”这个不祥的绰号。该法案加剧了南北双方在奴隶制问题上的分歧，直到和解几乎不可能。

Opponents of the Kansas-Nebraska Act helped found the Republican Party, which opposed the spread of slavery into the territories.

《堪萨斯-内布拉斯加州法案》的反对者帮助成立了共和党，该党反对将奴隶制蔓延到这些领土。

As a result of the Kansas-Nebraska Act, the United States moved closer to civil war.

《堪萨斯-内布拉斯加州法案》的实施，让美国离内战又近了一步。

This document is available on DocsTeach , the online tool for teaching with documents from the National Archives.

该文档可在 DocsTeach 上找到，这是一个使用国家档案馆文档进行教学的在线工具。

Find teaching activities that incorporate this document, or create your own online activity .

查找包含本文档的教学活动，或创建您自己的在线活动。

An Act to Organize the Territories of Nebraska and Kansas.

组织内布拉斯加州和堪萨斯州领土的法案。

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled , 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 operations of this act, to wit: beginning at a point in the Missouri River where the fortieth parallel of north latitude crosses the same; then west on said parallel to the east boundary of the Territory of Utah, the summit of the Rocky Mountains; thence on said summit northwest 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 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, as their constitution may prescribe at the time of the 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 tin as Congress shall deem convenient and proper, or from attaching a portion of said Territory to any other State or Territory of the United States : Provided further , That nothing in this act contained shall construed to impair the rights of person or property now pertaining the Indians in said Territory' so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial line or jurisdiction of any State or Territory; but all such territory shall 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.

由美利坚合众国参议院和众议院在国会中制定的法案，美利坚合众国领土的所有部分都包括在以下范围内，但下文明确免除该法案实施的部分除外，即：从密苏里河中北纬四十度线与密苏里河交叉的一点开始；然后向西平行于犹他州东部边界，即落基山脉的山顶；从所述山顶西北至北纬四十九度线；从那里向东平行于明尼苏达州领土的西部边界；从那里向南沿所述边界到达密苏里河；从那里沿着所述河流的主河道到达起始地，并特此建立一个名为内布拉斯加州领土的临时政府；当被接纳为一个或多个州时，上述领土或其任何部分，无论是否存在奴隶制，都应被纳入联邦，正如其宪法在接纳时所规定的那样：但本法案中的任何内容均不得解释为禁止美国政府以国会认为方便和适当的方式和方式将上述领土划分为两个或多个领土，或将上述领土的一部分并入任何其他州或其他州；美国领土：进一步规定，本法案中的任何内容均不得解释为损害该领土上目前属于印第安人的人身或财产权利，只要这些权利未因美国与印第安人之间的条约而消失，或包括与任何印第安部落签订的条约，未经该部落同意不得纳入任何州或领土的领土线或管辖范围内的任何领土；但所有此类领土均应排除在边界之外，并且不构成内布拉斯加州领土的一部分，直到所述部落表示同意美国总统将其纳入所述内布拉斯加州领土内。

or to affect the authority of the government of the United States 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.

或影响美国政府的权力，通过条约、法律或其他方式制定有关印第安人及其土地、财产或其他权利的任何法规，如果该法案从未通过，政府将有权制定这些法规。

SEC.

美国证券交易委员会。

And Be it further enacted , That the executive power and authority in and over said Territory of Nebraska shall 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.

进一步规定，内布拉斯加州的行政权和权威应归属州长，任期四年，直至其继任者被任命并具备资格为止，除非美国总统提前罢免。

The Governor shall reside within said Territory, and shall be commander-in-chief of the militia thereof.

总督应居住在该领土内，并担任该领土民兵的总司令。

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 the aid Territory, and shall take care that the laws be faithfully executed.

他可以对违反该领土法律的罪行给予赦免和缓刑，并对违反美国法律的罪行给予缓刑，直到总统就此作出决定；他应任命所有根据援助领土法律任命的官员，并应确保法律得到忠实执行。

SEC.

美国证券交易委员会。

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, and in or case of the death, removal, resignation, or absence of the Governor from the Territory, the Secretary shall be, and 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.

进一步规定，该领土应有一名秘书，他应居住在该领土，任期五年，除非被美国总统提前解除；他应记录并保存以下组成的立法议会的所有法律和程序，以及总督在其行政部门的所有行为和程序；他应在每次会议结束后三十天内向美国总统传送一份立法会议的法律和期刊，并每半年在每年一月和七月的第一天向美国总统传送一份行政程序和官方信函，并向参议院议长和众议院议长传送两份法律副本，存放在国会图书馆，并且在州长去世、免职、辞职或缺席的情况下在总督空缺或缺席期间，或直到另一名总督被正式任命并有资格填补该空缺之前，部长应且特此被授权和要求执行和履行总督的所有权力和职责。

SEC 4.

第 4 节。

And be it further enacted , That the legislative power and authority of said Territory shall be vested in the Governor and a Legislative Assembly.

如果进一步颁布，该领土的立法权和权力应归属总督和立法议会。

The Legislative Assembly shall consist of a Council and House of Representatives.

立法会议由理事会和众议院组成。

The Council shall consist of thirteen members, having the qualifications of voters, as hereinafter prescribed, whose term of service shall continue two years.

理事会由十三名成员组成，具有下文规定的选民资格，任期为两年。

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 year.

众议院第一届会议由二十六名议员组成，具有与理事会成员相同的资格，任期为一年。

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.

立法议会可根据合格选民的增加比例，不时增加代表人数：但总数不得超过三十九人。

An apportionment 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.

理事会和代表的选举应在几个县或区之间尽可能接近平等地进行分配，并尽可能按照其合格选民的比例给予领土每个部分的代表权。

And the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, the district or county, or counties for which they may be elected, respectively.

理事会成员和众议院成员应分别居住在他们可能当选的区或县，并且是其居民。

Previous to the first election, the Governor shall cause a census, or enumeration 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.

在第一次选举之前，总督应安排对领土内若干县和地区的居民和合格选民进行人口普查或查点，由总督指定和任命的人员和方式进行；被任命的人员应当因此获得合理的补偿。

And the first election shall be held at such time and places, and be conducted in such 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.

第一次选举应在总督指定和指示的时间、地点和方式进行，监督选举的人员和选举结果均应由总督指定和指示；同时他还应宣布各县或区根据本法有权获得的参议院和众议院议员人数。

The persons having the highest 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 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 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 : Provided , That no session in any one year shall exceed the term of forty days, except the first session, which may continue sixty days.

在每个上述议会区中拥有最高票数的理事会成员法定票数的人，应由总督宣布正式当选为理事会成员；且在众议院中拥有最高合法票数的人，应由总督宣布正式当选为该众议院议员：但如果两个或两个以上投票的人拥有同等票数，并且如果立法议会任一分支出现空缺，则总督应下令重新选举；如此当选立法议会成员的人士须在总督指定的地点和日期举行会议；但此后，举行和进行一切人民选举的时间、地点和方式，以及根据合格选民的人数将若干县或地区的参议会和众议院代表权的分配，以及立法会议常会开始的日期，均由法律规定。但，除第一届会议可以持续六十天外，任何一年的会议不得超过四十天。

SEC.

美国证券交易委员会。

And be it further enacted , That every free white male inhabitant above the age of twenty-one years who shall be 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 citizens 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, seaman, 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.

进一步规定，每一位年满二十一岁的自由白人男性居民，如果是该领土的实际居民，并应具备下文规定的资格，则应有权在第一次选举中投票，并有资格担任该领土内的任何职位；但在随后的所有选举中，选民和担任公职的资格应由立法议会规定：前提是，选举权和担任公职的权利只能由美国公民和那些已宣誓成为美国公民的人行使，并应宣誓支持美国宪法和本法案的规定：并进一步规定，任何军官、士兵、海员或海军陆战队员或其他人都不得行使选举权和担任公职的权利。美国陆军或海军人员，或隶属为美国服务的部队的人员，因在该领土服役而被允许在该领土投票或担任公职。

SEC.

美国证券交易委员会。

And Be it further enacted , That the legislative power of the Territory shall extend to all rightful subjects of legislation 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.

如果进一步颁布，领土的立法权应扩大到符合美国宪法和本法规定的所有合法立法主体；但不得通过任何干预土壤初次处置的法律；不得对美国财产征税；对非居民的土地或其他财产的征税也不得高于居民的土地或其他财产的征税。

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.

该领土议会和众议院通过的每一项法案，在成为法律之前，应提交给该领土总督； if he approve, he shall sign it;但如果没有，他应将其连同他的反对意见一起退还给提出该意见的房子，该房子应将反对意见全部记录在他们的日记中，并重新考虑它。

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.

如果经过重新审议后，该院三分之二的议员同意通过该法案，则该法案应连同反对意见一起送交另一院，由该院同样重新审议，如果该院三分之二的议员通过，则该法案应成为法律。

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.

但在所有此类情况下，两院的投票应以赞成和反对的方式决定，并分别记录在各院的议事簿上。

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.

如果任何法案在提交给总督后三天内（星期日除外）未被总督退回，则该法案应成为法律，如同总督签署该法案一样，除非议会通过休会阻止其返回，在这种情况下，该法案不应成为法律。

SEC.

美国证券交易委员会。

And be it further enacted , That all township, district, and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the Governor and Legislative Assembly of the Territory of Nebraska.

并进一步颁布，所有乡镇、地区和县官员，除本文另有规定外，均应根据内布拉斯加州州长和立法议会规定的方式任命或选举（视情况而定）。

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.

总督须提名、并在立法会的建议和同意下任命所有本条例未另有规定的人员；首先，总督可以单独任命所有上述官员，这些官员的任职直至立法议会第一届会议结束；并为理事会成员、众议院成员以及所有其他官员划出必要的选区。

SEC.

美国证券交易委员会。

And be it further enacted , That 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 Legislative Assembly, or hold any office under the government of said Territory.

并进一步规定，立法议会议员在担任议员期间、当选任期内以及任期届满后一年内，不得担任或被任命担任任何已设立的职务，或增加其工资或报酬；但第一届立法会议员不在此限；除邮政局长外，任何在美国境内担任委员会或任命的人均不得担任立法议会成员，或在该领土政府下担任任何职务。

SEC.

美国证券交易委员会。

And be it further enacted , That the judicial power of said Territory shall be vested in a Supreme Court, District Courts, Probate Courts, and in Justices of the Peace.

如果进一步颁布，该领土的司法权应归属最高法院、地区法院、遗嘱认证法院和治安法官。

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 shall be appointed and qualified.

最高法院由一名首席法官和两名助理法官组成，其中任何两名法官构成法定人数，每年在该领土政府所在地任职，任期四年，直至其继任者被任命并取得资格为止。

The said Territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the Supreme Court, at such times and places as may be prescribed by of law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them.

上述领土应分为三个司法区，每个司法区均应由一名最高法院法官在法律规定的时间和地点设立一个地区法院；上述法官任命后，应分别居住在指定的地区。

The jurisdiction of the several courts herein provided for, both 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 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 districts courts, respectively, shall possess chancery as well as common law jurisdiction.

本文规定的几个法院，包括上诉法院和初审法院，以及遗嘱认证法院和太平绅士的管辖权，应受法律限制：但当土地所有权或边界可能存在争议，或者债务或索赔金额超过一百美元时，太平绅士对任何有争议的事项无管辖权；上述最高法院和地区法院分别拥有大法官和普通法管辖权。

Each District Court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may, be held.

各地方法院或其法官应任命其书记员，该书记员也应担任大法官办公室的登记官，并应在法院所在地设立其办公室。

Writs of error, bills of exception, and appeals, shall be allowed in all cases from the final decisions of said district courts to the Supreme Court, under such 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.

根据法律规定的规定，从上述地区法院的最终判决到最高法院的所有案件均允许错误令状、例外法案和上诉；但在任何情况下都不得移交最高法院进行陪审团审判。

The Supreme Court, or the justices thereof, 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.

最高法院或其法官应任命自己的书记员，每名书记员应根据其被任命的法院的意愿担任其职务。

Writs of error, and appeals from the final decisions of said Supreme Court, shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the 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 competent 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 affect the provisions to the " act respecting fugitives from justice, and persons escaping from the service of their masters," approved February twelfth, seventeen hundred and ninety-three, and the " act to amend and supplementary to the aforesaid act," approved September eighteen, eighteen hundred and fifty; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the Constitution and Laws of the United States as is vested in the Circuit and District 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 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 as shall be necessary, shall be appropriated to the trial of causes arising under the said 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.

应允许错误令状以及对上述最高法院最终判决的上诉，并可以按照与美国巡回法院相同的方式和规定向美国最高法院提起诉讼，其中通过任何一方或其他有资格的证人的宣誓或确认确定的财产价值或争议金额应超过一千美元； 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 affect the provisions to the " act respecting fugitives from justice, and persons逃离主人的服务”，于 1793 年 2 月 12 日批准，以及 9 月 18 日 1850 日批准的“对上述法案的修正和补充法案”； and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the Constitution and Laws of the United States as is vested in the Circuit and District Courts of the United States;上述领土的上述最高法院和地方法院及其各自的法官，应当并且可以在哥伦比亚特区的美国法官授予人身保护令的所有案件中授予人身保护令； and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said 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 receive in all such cases the same fees which the clerks of the district courts of Utah Territory now receive for similar services.

在所有此类案件中，上述书记员应收取与犹他州地区法院书记员目前为类似服务收取的费用相同的费用。

SEC.

美国证券交易委员会。

10.

And Be it further enacted , That the provisions of an act entitled "An act respecting fugitives from justice, and persons escaping from the service of their masters," approved February twelve, seventeen hundred and ninety-three, and the provisions of the act entitled " An act to amend, and supplementary to, the aforesaid act," approved September eighteen, eighteen hundred and fifty, be, and the same are hereby, declared to extend to and be in full force within the limits of said Territory of Nebraska.

SEC.

美国证券交易委员会。

11.

And be it further enacted , That 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 removed by the President, and who shall receive the same fees and salary I as the Attorney of the United States for the present Territory of Utah.

进一步颁布，将任命一名该领土的检察官，任期四年，直到他的继任者被任命并具备资格为止，除非总统提前罢免，他将获得与目前犹他州的美国检察官相同的费用和薪水。

There shall also be a Marshal for 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.

SEC.

美国证券交易委员会。

12.

And be it further enacted , That the Governor, Secretary, Chief Justice, and Associate Justices, Attorney and Marshal, shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of the United States.

The Governor and a Secretary to be appointed as aforesaid, shall, before they act as such, respectively take an oath or affirmation before the District Judge or some Justice of the Peace in the limits of said Territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the Chief Justice, or some Associate Justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the said Secretary among the Executive proceedings; and the Chief Justice and Associate Justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said Governor or Secretary, or some Judge or Justice of the Peace of the Territory, who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the Secretary, to be by him recorded as aforesaid; and, afterwards, the like oath or affirmation shall be taken, certified, and recorded, in such manner and form as may be prescribed by law.

如上所述任命的州长和部长，在担任州长和部长之前，应分别在该领土范围内正式授权根据当地现行法律进行宣誓和宣誓的地区法官或治安法官面前，或在美国最高法院首席大法官或某些副法官面前宣誓或宣誓，以支持美国宪法，并忠实地履行其各自职务的职责。所拍摄的，应由拍摄者证明；此类证书应由上述秘书接收并记录在执行程序中；首席法官和副法官以及该领土内的所有其他文职官员，在履行职责之前，应在该总督或秘书，或该领土的某些法官或治安法官（可能被正式任命并具有资格）面前宣誓或宣誓，该宣誓或宣誓应由宣誓或宣誓人证明并转交给部长，并由他按上述方式记录；随后，应以法律规定的方式和形式作出、证明和记录类似的宣誓或誓词。

The Governor shall receive an annual salary of two thousand five hundred dollars.

总督的年薪为两千五百美元。

The Chief Justice and Associate Justices shall each receive an annual salary of two thousand dollars.

首席大法官和副大法官每人年薪两千美元。

The Secretary shall receive an annual salary of two thousand dollars.

秘书的年薪为两千美元。

The said salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the Treasury of the United States; but no such payment shall be made until said officers shall have entered upon the duties of their respective appointments.

上述工资应从各自任命之日起每季度在美国财政部支付；但在上述官员开始履行其各自任命的职责之前，不得支付此类款项。

The members of the Legislative Assembly shall be entitled to receive three dollars each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route; and an additional allowance of three dollars shall be paid to the presiding officer of each house for each day he shall so preside.

立法会议员在出席立法会会议期间，每日有权领取三美元；往返该会议的每二十英里路程，按最近的通常行驶路线计算，每人三美元；每议院的主持官员主持一天，应额外支付三美元的津贴。

And a chief clerk, one assistant clerk, a sergeant-at-arms, and doorkeeper, may be chosen for each house; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day, during the session of the Legislative Assembly; but no other officers shall be paid by the United States : Provided , That there shall be but one session of the legislature annually, unless, on an extraordinary occasion, the Governor shall think proper to call the legislature together.

各院得选主吏一名，副吏一名，侍卫一名，门卫一名；立法会开会期间，首席书记员每天领取四元，其他官员每天领取三元；但合众国不得向其他官员支付工资：前提是，立法机关每年只能召开一次会议，除非在特殊情况下，总督认为召集立法机关是适当的。

There shall be appropriated, annually, the usual sum, to be expended by the Governor, to defray the contingent expenses of the Territory, including the salary of a clerk of the Executive Department; and there shall also be appropriated, annually, a sufficient sum, to be expended by the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the Legislative Assembly, the printing of the laws, and other incidental expenses; and the Governor and Secretary of the Territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the Secretary of the Treasury of the United States, and shall, semi-annually, account to the said Secretary for the manner in which the aforesaid moneys shall have been expended; and no expenditure shall be made by said Legislative Assembly for objects not specially authorized by the acts of Congress, making the appropriations, nor beyond the sums thus appropriated for such objects.

每年应拨款由总督支出的通常数额，用于支付领土的意外开支，包括行政部门职员的工资；每年还应根据美国财政部长的估计，拨出足够的款项，由领土部长支出，用于支付立法会议的费用、法律的印刷和其他杂费；领土总督和部长在支付委托给他们的所有资金时，应仅受美国财政部长的指示管辖，并应每半年向该部长报告上述资金的支出方式；立法议会不得为未经国会拨款法案特别授权的项目支出，也不得超出为此类项目拨款的数额。

SEC.

美国证券交易委员会。

13.

And be it further enacted , That the Legislative Assembly of the Territory of Nebraska shall hold its first session at such time and place in said Territory as the Governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the Governor and Legislative Assembly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said Governor and Legislative Assembly.

进一步规定，内布拉斯加州立法议会应在该领土总督指定和指示的时间和地点举行第一届会议；总督和立法议会应在第一届会议上或此后他们认为适当的时候尽快在他们认为合适的地方为该领土寻找和设立政府所在地；然而，此后该地点应由上述总督和立法议会更改。

SEC.

美国证券交易委员会。

14.

And be it further enacted , That a delegate to the House of Representatives of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the Legislative Assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other Territories of the United States to the said House of Representatives, but the delegate first elected shall hold his seat only during the term of the Congress to which he shall be elected.

并进一步规定，美国众议院代表，任期两年，应为美国公民，可由有资格选举立法议会议员的选民选出，该代表应享有与美国其他几个领土的众议院代表所行使和享有的相同权利和特权，但首先当选的代表只能在其任期内任职。他将被选入国会。

The first election shall be held at such time and places, and be conducted in such manner, as the Governor shall appoint and direct; and at all subsequent elections the times, places, and manner of holding the elections, shall be prescribed by law.

第一次选举应在总督指定和指示的时间、地点和方式进行；在随后的所有选举中，举行选举的时间、地点和方式均由法律规定。

The person having the greatest number of votes shall be declared by the Governor to be duly elected; and a certificate thereof shall be given accordingly.

总督应宣布获得最多票数的人正式当选；并出具相应证明。

That the Constitution, and all Laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Nebraska as elsewhere within the United States, except the eighth section of the act preparatory to the admission of Missouri into the Union approved March sixth, eighteen hundred and twenty, which, being inconsistent with the principle of non-intervention by Congress with slaves in the States and Territories, as recognized by the legislation of eighteen hundred and fifty, commonly called the Compromise Measures, is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form an regulate their domestic institutions in their own way, subject only to the Constitution of the United States : Provided , That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of sixth March, eighteen hundred and twenty, either protecting, establishing, prohibiting, or abolishing slavery.

宪法和所有在当地不适用的合众国法律在内布拉斯加州境内具有与美国其他地方相同的效力和效果，但 1820 年 3 月 6 日批准的密苏里州加入联邦准备法案第八节除外，该法案与 1850 年立法所承认的国会不干预各州和领地奴隶的原则不一致，通常称为“联邦宪法”。特此宣布妥协措施无效且无效；本法案的真正意图和意义不是在任何领土或州立法奴隶制，也不是将其排除在外，而是让其人民完全自由地以自己的方式组建管理其国内机构，仅受美国宪法的约束：前提是，本法案中包含的任何内容均不得解释为恢复或实施在1820年3月6日法案之前可能存在的任何法律或法规，无论是保护、建立、禁止或废除奴隶制。

SEC.

美国证券交易委员会。

15.

And Be it further enacted , That there shall hereafter be appropriated, as has been customary for the Territorial governments, sufficient amount, to be expended under the direction of the said Governor of the Territory of Nebraska, not exceeding the sums heretofore appropriated for similar objects, for the erection of suitable public buildings at the seat of government, and for the purchase of a library, to be kept at the seat of government for the use of the Governor, Legislative Assembly, Judges of the Supreme Court, Secretary, Marshal, and Attorney of said Territory, and such other persons, and under such regulations as shall be prescribed by law.

进一步规定，此后应按照领土政府的惯例，在上述内布拉斯加州州长的指导下拨款，不超过迄今为止为类似目的拨款的数额，用于在政府所在地建造适当的公共建筑，并购买图书馆，供州长、立法议会、最高法院法官使用。该领土的法院、秘书、元帅和律师以及其他人员，并根据法律规定的条例。

SEC.

美国证券交易委员会。

16.

And be it further enacted , That when the lands in the said Territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, section; numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same.

并进一步颁布，当上述领土的土地应在美国政府的指导下进行测量，准备将其投入市场时，部分；该地区每个乡镇的第十六和三十六所学校应保留，并特此保留，用于该地区以及今后在该地区建立的各州和地区的学校。

SEC.

美国证券交易委员会。

17.

And be it further enacted , That, 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 session, may organize, alter, or modify such Judicial Districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient.

进一步颁布，除非法律另有规定，该领土的总督可以界定该领土的司法区，并将为该领土任命的法官分配到几个地区；并通过由他发布的公告指定在各县或各司法区的分区开庭的时间和地点；但立法议会在其第一届会议或随后的任何会议上，可以组织、变更或修改此类司法区，指派法官，并改变开庭的时间和地点，只要他们认为适当和方便即可。

SEC.

美国证券交易委员会。

18.

And be it further enacted , That all officers to be appointed by the President, by and with the advice and consent of the Senate, for the Territory of Nebraska, who, by virtue of the provisions of any law now existing, or which may be enacted during the present Congress, are required to give security for moneys that may be intrusted with them for disbursement, shall give such security, at such time and place, and in such manner, as the Secretary of the Treasury may prescribe.

进一步规定，所有由总统根据参议院的建议和同意任命的内布拉斯加州官员，根据现行法律或本届国会可能颁布的任何法律的规定，必须为委托支付的资金提供担保，应在财政部长规定的时间、地点和方式提供担保。

SEC.

美国证券交易委员会。

19.

And be it further enacted , 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 operations of this act, to wit, beginning at a point on the western boundary of the State of Missouri, where the thirty-seventh parallel of north latitude crosses the same; thence west on said parallel to the eastern boundary of New Mexico; thence north on said boundary to latitude thirty-eight; thence following said boundary westward to the east boundary of the Territory of Utah, on the summit of the Rocky Mountains; thence northward on said summit to the fortieth parallel of latitude, thence east on said parallel to the western boundary of the State of Missouri; thence south with the western boundary of said State to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the Territory of Kansas; 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, 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 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 Kansas, until said tribe shall signify their assent to the President of the United States to be included within the said Territory of Kansas, or to affect the authority of the government of the United States to make any regulation 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.

并进一步颁布，美利坚合众国领土的所有部分都包括在以下范围内，但下文明确免除本法实施的部分除外，即从密苏里州西部边界的一点开始，北纬三十七度线与该点交叉；从那里向西平行于新墨西哥州东部边界；从上述边界向北至北纬三十八度；从那里沿着所述边界向西到达犹他州领土的东边界，在落基山脉的山顶上；从该山峰向北至纬线四十度线，从该纬线向东至密苏里州西部边界的平行线；从该州西部边界以南到起始地，并特此建立一个名为堪萨斯领地的临时政府；当被接纳为一个或多个州时，上述领土或其任何部分，无论是否存在奴隶制，都应被纳入联邦，正如其宪法在接纳时所规定的那样：但本法案中的任何内容均不得解释为禁止美国政府以国会认为方便和适当的方式和时间将上述领土划分为两个或多个领土，或将上述领土的任何部分并入任何其他州或美国领土：进一步规定，本法案中的任何内容均不得解释为损害该领土上目前属于印第安人的人身或财产权利，只要这些权利不因美国与该印第安人之间的条约而消失，或包括与任何印第安部落签订的条约，未经该部落同意，不得纳入任何州或领土的领土范围或管辖范围内的任何领土；但所有此类领土均应排除在边界之外，并且不构成堪萨斯领土的一部分，直到该部落表示同意美国总统将其纳入所述堪萨斯领土，或影响美国政府通过条约、法律或其他方式制定有关印第安人、他们的土地、财产或其他权利的任何法规的权力，如果该法案从未通过，则政府有权制定这些法规。

SEC.

美国证券交易委员会。

20.

And be it further enacted , That the executive power and authority in and over said Territory of Kansas shall 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.

进一步规定，堪萨斯地区的行政权和权威应归属州长，州长任期四年，直至其继任者被任命并具备资格为止，除非美国总统提前罢免。

The Governor shall reside within said Territory, and shall be commander-in-chief of the militia thereof.

总督应居住在该领土内，并担任该领土民兵的总司令。

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 the said Territory, and shall take care that the laws be faithfully executed.

他可以对违反该领土法律的罪行给予赦免和缓刑，并对违反美国法律的罪行给予缓刑，直到总统就此作出决定；他应任命根据该领土法律任命的所有官员，并应确保法律得到忠实执行。

SEC.

美国证券交易委员会。

21.

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; and, in case of the death, removal, resignation, or absence of the Governor from the Territory, the Secretary shall be, and 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.

进一步规定，该领土应有一名部长，他应居住在该领土，任期五年，除非被美国总统提前罢免；他应记录并保存以下组成的立法议会的所有法律和程序，以及总督在其行政部门的所有行为和程序；他应在每次会议结束后三十天内向美国总统传送一份立法会议的法律和期刊，并每半年（每年一月和七月的第一天）向美国总统传送一份行政程序和官方信函，并向参议院议长和众议院议长传送两份法律副本，并存放在国会图书馆；如果总督去世、被免职、辞职或缺席领土，则部长应且特此被授权并被要求在总督空缺或缺席期间执行和履行总督的所有权力和职责，或直到正式任命另一名总督并有资格填补该空缺为止。

SEC.

美国证券交易委员会。

22.

And be it further enacted , That the legislative power and authority of said Territory shall be vested in the Governor and a Legislative Assembly.

如果进一步颁布，该领土的立法权和权力应归属总督和立法议会。

The Legislative Assembly shall consist of a Council and House of Representatives.

立法会议由理事会和众议院组成。

The Council shall consist of thirteen members, having the qualifications of voters, as hereinafter prescribed, whose term of service shall continue two years.

理事会由十三名成员组成，具有下文规定的选民资格，任期为两年。

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 year.

众议院第一届会议由具有与理事会成员相同资格的二十六名议员组成，其任期为一年。

立法议会可根据合格选民的增加比例，不时增加代表人数：但总数不得超过三十九人。

An apportionment 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.

理事会和代表的选举应在几个县或区之间尽可能平均地进行分配，并尽可能按照其合格选民的比例给予领土每个部分的代表权。

And the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, the district or county, or counties, for which they may be elected, respectively.

理事会成员和众议院成员应分别居住在他们可能当选的区或县，并且是其居民。

The persons having the highest 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 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 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 : Provided , That no session in any one year shall exceed the term of forty days, except the first session, which may continue sixty days.

总督应宣布在上述各议会区中拥有最高票数的理事会成员合法票数的人正式当选为理事会成员；且在众议院中拥有最高合法票数的人，应由总督宣布为该众议院的正式当选议员：但如果投票选出的两个或两个以上的人拥有相同的票数，并且如果立法议会的任何一个分支出现空缺，则总督应下令重新选举；如此当选立法议会成员的人士须在总督指定的地点和日期举行会议；但此后，举行和进行一切人民选举的时间、地点和方式，以及根据合格选民的人数将若干县或地区的参议会和众议院代表权的分配，以及立法会议常会开始的日期，均由法律规定。但，除第一届会议可以持续六十天外，任何一年的会议不得超过四十天。

SEC.

美国证券交易委员会。

23.

And be it further enacted , That every free white male inhabitant above the age of twenty-one years, who shall be 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 citizens 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, seaman, 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.

进一步规定，每位年满二十一岁的自由白人男性居民，凡是该领土的实际居民，并具备下文规定的资格，均有权在第一次选举中投票，并有资格担任该领土内的任何职务；但在随后的所有选举中，选民和担任公职的资格应由立法议会规定：前提是，选举权和担任公职的权利只能由美国公民以及那些已宣誓声明其意图并宣誓支持美国宪法和本法条款的人行使：并且，进一步规定，任何军官、士兵、海员或海军陆战队员或美国陆军或海军的其他人员，或隶属为美国服役的部队的人员，应因在该领土服役而被允许在该领土投票或担任公职。

SEC.

美国证券交易委员会。

24.

And be it further enacted , That the legislative power of the Territory shall extend to all rightful subjects of legislation 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 properly of residents.

如果进一步颁布，领土的立法权应扩大到符合美国宪法和本法规定的所有合法立法主体；但不得通过任何干预土壤初次处置的法律；不得对美国财产征税；对非居民的土地或其他财产的征税也不得高于对居民的土地或其他财产的征税。

该领土议会和众议院通过的每一项法案，在成为法律之前，应提交给该领土总督；同意的，应当签字；但如果没有，他应将其连同他的反对意见一起退还给提出该意见的房子，该房子应将反对意见全部记录在他们的日记中，并重新考虑它。

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.

如果经过重新审议后，该院三分之二的议员同意通过该法案，则该法案应连同反对意见一起送交另一院，由另一院同样重新审议，如果获得该院三分之二的批准，则该法案应成为法律。

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.

但在所有这些情况下，两院的投票应以赞成和反对的方式决定，并分别记录在各院的议事簿上。

SEC.

美国证券交易委员会。

25.

And be it further enacted , That all township, district, and; county officers, not herein otherwise provided for, shall be appointed or elected as the case may be, in such manner as shall be provided by the Governor and Legislative Assembly of the Territory of Kansas.

进一步制定，各乡、区、；县官员，除本文另有规定外，应根据情况，按照堪萨斯州州长和立法议会规定的方式任命或选举。

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.

总督须提名、并在立法会的建议和同意下任命所有本条例未另有规定的人员；首先，总督可单独任命所有上述官员，这些官员的任职直至立法会第一届会议结束；并为理事会成员、众议院成员以及所有其他官员划出必要的选区。

SEC.

美国证券交易委员会。

26.

And be it further enacted , That 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 Legislative Assembly, or shall hold any office under the government of said Territory.

并进一步规定，立法议会议员在担任议员期间、当选任期内以及任期届满后一年内，不得担任或被任命担任任何已设立的职务，或增加其工资或报酬；但第一届立法会议员不在此限；除邮政局长外，在美国境内担任委员会或任命的任何人均不得担任立法议会成员，也不得在该领土政府下担任任何职务。

SEC.

美国证券交易委员会。

27.

And be it further enacted , That the judicial power of said Territory shall be vested in a supreme court, district courts, probate courts, and in justices of the peace.

如果进一步颁布，该领土的司法权应归属最高法院、地区法院、遗嘱认证法院和治安法官。

The Supreme Court shall Consist of 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 successors shall be appointed and qualified.

最高法院应由首席法官和两名助理法官组成，其中任何两名法官构成法定人数，并每年在该领土政府所在地任职；他们的任期为四年，直至其继任者被任命并具备资格为止。

The said Territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices 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 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 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.

本文规定的几个法院，包括上诉法院和初审法院，以及遗嘱认证法院和太平绅士的管辖权，应受法律限制：但当土地所有权或边界可能存在争议，或者债务或索赔金额超过一百美元时，太平绅士对任何有争议的事项无管辖权；上述最高法院和地区法院分别拥有衡平法和普通法管辖权。

Said District Court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held.

该地方法院或其法官应任命其书记员，该书记员也应担任大法官办公室的登记官，并应将其办公室设在法庭所在地。

Writs of error, bills of exception, and appeals shall be allowed in all cases from the final decisions of said district courts to the Supreme Court, under such 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, 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.

最高法院或其法官应任命自己的书记员，每名书记员应根据其被任命的法院的意愿担任其职务。

Writs of error, and appeals from the final decisions of said supreme court, shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the 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 competent witness, shall exceed one thousand dollars; except only that in all cases involving title to slaves, the said writ of error or appeals shall be allowed and decided by 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 affect the provisions of the "act respecting fugitives from justice, and persons escaping from the service of their masters," approved February twelfth, - seventeen hundred and ninety-three, and the act to amend and supplementary to the aforesaid act," approved September eighteenth, eighteen hundred and fifty; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the Constitution and laws of the United States as is vested in the Circuit and District 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 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 as may be necessary, shall be appropriated to the trial of causes arising under the said 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.

应允许错误令状以及对上述最高法院最终判决的上诉，并可以按照与美国巡回法院相同的方式和规定向美国最高法院提起诉讼，其中通过任何一方或其他合格证人的宣誓或确认确定的财产价值或争议金额应超过一千美元；唯一的例外是，在所有涉及奴隶所有权的案件中，上述错误令状或上诉应由上述最高法院批准和裁决，而不考虑有争议的事项、财产或所有权的价值；此外，根据本法设立的最高法院、或本法设立的任何法官、或本法设立的地区法院、或任何法官根据涉及个人自由问题的任何人身保护令状，也应允许向美国最高法院提出错误令状或上诉令状：前提是，本文中的任何内容均不得解释为适用于或影响“关于司法逃犯和个人的法案”的规定。逃避其主人的服务，”2月12日，1793年批准，以及9月18日，1850年批准的上述法案的修订和补充，并且每个上述地区法院对根据美国宪法和法律产生的所有案件应拥有并行使与美国巡回法院和地区法院以及上述领土的最高法院和地区法院相同的管辖权；及其各自的法官，在哥伦比亚特区的美国法官授予人身保护令的所有案件中，应并可以授予人身保护令；并且所述法院每届任期的前六天或可能需要的时间，应用于审理根据所述宪法和法律引起的诉讼，所有此类案件的错误令和上诉令应向所述领土的最高法院提出，与其他案件相同。

The said clerk shall receive the same fees in all such cases, which the clerks of the district courts of Utah Territory now receive for similar services.

上述书记员在所有此类案件中应收取与犹他州地方法院书记员目前提供类似服务相同的费用。

SEC.

美国证券交易委员会。

28.

And be it further enacted , That the provisions of the act entitled "An act respecting fugitives from justice, and persons escaping from, the service of their masters," approved February twelfth, seventeen hundred and ninety-three, and the provisions of the act entitled "An act to amend, and supplementary to, the aforesaid act," approved September eighteenth, eighteen hundred and fifty, be, and the same are hereby, declared to extend to and be in full force within the limits of the said Territory of Kansas.

进一步颁布，1793年2月12日批准的题为“关于逃亡者和逃避主人服务的人的法案”的条款，以及1850年9月18日批准的题为“修改和补充上述法案的法案”的条款，特此宣布延伸至并全面生效。在上述堪萨斯领土范围内使用武力。

SEC.

美国证券交易委员会。

29.

And be it further enacted , That 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 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.

进一步规定，应为该领土任命一名律师，任期四年，直至其继任者被任命并具备资格为止，除非总统提前罢免，该律师应获得与目前犹他州美国联邦检察官相同的费用和薪水。

There shall also be a marshal for 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 where exercising their jurisdiction as Circuit and District Courts of the United States; he shall perform the duties, be subject to the same regulations 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.

还应任命一名负责领土的元帅，其任期为四年，直至其继任者被任命并具备资格为止，除非总统提前罢免，并应执行由作为美国巡回法院和地区法院行使管辖权的上述法院发布的所有程序；他应履行与美国犹他州地方法院元帅相同的职责，遵守相同的规定和处罚，并有权收取相同的费用，此外，每年还应支付 200 美元作为额外服务的补偿。

SEC.

美国证券交易委员会。

30.

And be it further enacted , That the Governor, Secretary, Chief Justice, and Associate Justices, Attorney, and Marshal, shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of the United States.

如果进一步颁布，州长、秘书、首席大法官、副法官、检察官和元帅应由美国总统提名，并在参议院的建议和同意下由美国总统任命。

The Governor and Secretary to be appointed as aforesaid shall, before they act as such, respectively take an oath or affirmation before the district judge or some justice of the peace in the limits of said Territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the Chief Justice or some Associate Justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the said secretary among the executive proceedings; and the Chief Justice and Associate Justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said Governor or Secretary, or some Judge or Justice of the Peace of the Territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the Secretary, to be by him recorded as aforesaid; and, afterwards, the like oath or affirmation shall be taken, certified, and recorded, in such manner and form as may be prescribed by law.

上述任命的州长和部长在就任之前，应分别在地区法官或该领土范围内的治安法官面前宣誓或宣誓，这些法官或法官已正式授权根据当地现行法律进行宣誓和宣誓，或者在美国最高法院首席法官或某些副法官面前宣誓或宣誓，以支持美国宪法，并忠实地履行其各自职务的职责，在宣誓时，应由取得该证书的人证明；此类证书应由上述秘书接收并记录在执行程序中；首席法官和副法官以及该领土内的所有其他文职官员，在行事之前，应在该总督或秘书，或该领土可能正式任命并具有资格的法官或太平绅士面前宣誓或宣誓，该宣誓或宣誓应由宣誓或宣誓人证明并转交给部长，并由他按上述方式记录；随后，应以法律规定的方式和形式作出、证明和记录类似的宣誓或誓词。

The Governor shall receive an annual salary of two thousand five hundred dollars.

总督的年薪为两千五百美元。

The Chief Justice and Associate Justices shall receive As an annual salary of two thousand dollars.

首席大法官和副大法官的年薪为两千美元。

The Secretary shall receive an annual salary of two thousand dollars.

秘书的年薪为两千美元。

上述工资应从各自任命之日起每季度在美国财政部支付；但在上述官员开始履行其各自任命的职责之前，不得支付此类款项。

And a chief clerk, one assistant clerk, a sergeant at-arms, and door-keeper, may be chosen for each house; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day, during the session of the Legislative Assembly; but no to other officers shall be paid by the United States: Provided, That there shall be but one session of the Legislature annually, unless, on an extraordinary occasion, the Governor shall think proper to call the Legislature together.

每户可选一名首席书记员、一名助理书记员、一名侍卫、一名看门人；立法会开会期间，首席书记员每天领取四元，其他官员每天领取三元；但合众国不得向其他官员支付报酬：前提是，立法机关每年只能召开一次会议，除非在特殊情况下，总督认为适当召集立法机关。

There shall be appropriated, annually, the usual sum, to be expended by the Governor, to defray the contingent expenses of the Territory, including the salary of a clerk of the Executive Department and there shall also be appropriated, annually, a sufficient sum, to be expended by the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the Legislative Assembly, the printing of the laws, and other incidental expenses; and the Governor and Secretary of the Territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the secretary of the Treasury of the United States, and shall, semi-annually, account to the said secretary for lit the manner in which the aforesaid moneys shall have been expended; and no expenditure shall be made by said Legislative Assembly for objects not specially authorized by the acts of Congress making the appropriations, nor beyond the sums thus appropriated for such objects.

每年应拨款由总督支出的通常数额，用于支付领土的意外开支，包括行政部门职员的工资，并且每年还应拨款足够的数额，供领土部长支出，并根据美国财政部长的估计，用于支付立法会议的费用、法律的印刷和其他杂费；领土总督和部长在支付委托给他们的所有资金时，应仅受美国财政部长的指示管辖，并应每半年向该财政部长报告上述资金的支出方式；立法议会不得为未经国会拨款法案特别授权的项目支出，也不得超出为此类项目拨款的数额。

SEC.

美国证券交易委员会。

31.

And be it further enacted , That the seat of government of said Territory is hereby located temporarily at Fort Leavenworth; and that such portions of the public buildings as may not be actually used and needed for military purposes, may be occupied and used, under the direction of the Governor and Legislative Assembly, for such public purposes as may be required under the provisions of this act.

并进一步颁布，该领土的政府所在地暂时设在莱文沃斯堡；公共建筑中可能实际上不用于军事目的和需要的部分，可以在总督和立法议会的指导下被占用和使用，用于本法规定可能要求的公共目的。

SEC.

美国证券交易委员会。

32.

The first election shall be held at such time and places, and be conducted in such manner, as the Governor shall appoint and direct; and at all subsequent elections, the times, places, and manner of holding the elections shall be prescribed by law.

第一次选举应在总督指定和指示的时间、地点和方式进行；在随后的所有选举中，举行选举的时间、地点和方式均由法律规定。

The person having the greatest number of votes shall be declared by the Governor to be duly elected, and a certificate thereof shall be given accordingly.

总督应宣布获得最多票数的人正式当选，并颁发相应的证书。

That the Constitution, and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of Kansas as elsewhere within the United States, except the eighth section of the act preparatory to the admission of Missouri into the Union, approved March sixth, eighteen hundred and twenty, which, being inconsistent with the principle of non-intervention by Congress with slavery in the States and Territories, as recognized by the legislation of eighteen hundred and fifty, commonly called the Compromise Measures, is hereby declared inoperative and void; it being the true intent and meaning of this act not to legislate slavery into any Territory or State, nor to exclude it therefrom, but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States : Provided , That nothing herein contained shall be construed to revive or put in force any law or regulation which may have existed prior to the act of sixth of March, eighteen hundred and twenty, either protecting, establishing, prohibiting, or abolishing slavery.

《宪法》以及所有在当地不适用的合众国法律，在上述堪萨斯领土内与美国其他地方具有同等效力，但 1820 年 3 月 6 日批准的密苏里州加入联邦准备法案第八节除外，该法案与 1850 年立法所承认的国会不干预各州和领地奴隶制的原则不一致，通常称为“联邦宪法”。特此宣布妥协措施无效且无效；本法案的真正意图和意义不是在任何领土或州立法奴隶制，也不是将其排除在外，而是让其人民完全自由地以自己的方式组建和管理其国内机构，仅受美国宪法的约束：前提是，本法案中的任何内容均不得解释为恢复或实施在1820年3月6日法案之前可能存在的任何法律或法规，无论是保护、建立、禁止还是废除奴隶制。

SEC.

美国证券交易委员会。

33.

And be it further enacted ; That there shall hereafter be appropriated, as has been customary for the territorial governments, a sufficient amount, to be expended under the direction of the said Governor of the Territory of Kansas, not exceeding the sums heretofore appropriated for similar objects, for the erection of suitable public buildings at the seat of government, and for the purchase of a library, to be kept at the seat of government for the use of the Governor, Legislative Assembly, Judges of the Supreme Court, Secretary, Marshal, and Attorney of said Territory, and such other persons, and under such regulations, as shall be prescribed by law.

并进一步颁布；今后应按照领土政府的惯例，在上述堪萨斯领土总督的指导下拨款，不超过此前为类似目的拨款的数额，用于在政府所在地建造合适的公共建筑，并购买图书馆，供总督、立法议会、最高法院法官、秘书、元帅和政府所在地使用。该地区的律师和其他人员，并根据法律规定的条例。

SEC.

美国证券交易委员会。

34.

And be it further enacted , That when the lands in the said Territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same.

进一步规定，当在美国政府的指导下对上述领土的土地进行勘察，准备将其投入市场时，上述领土内每个乡镇的第十六和三十六号部分应保留，用于该领土以及今后在该领土上建立的学校。

SEC.

美国证券交易委员会。

35.

And be it further enacted , That, 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 forholding 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 session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts as to them shall seem proper and convenient.

进一步颁布，除非法律另有规定，该领土的总督可以界定该领土的司法区，并将为该领土任命的法官分配到几个地区；并通过公告指定各县或各司法区分区开庭的时间和地点，由他发布；但立法议会在其第一届会议或随后的任何会议上，可以组织、变更或修改此类司法区，指派法官，并改变开庭的时间和地点，使其看起来适当和方便。

SEC.

美国证券交易委员会。

36.

And be it further enacted , That all officers to be appointed by the President, by and with the advice and consent of the Senate, for the Territory of Kansas, who, by virtue of the provisions of any law now existing, or which may be enacted during the present Congress, are required to give security for moneys that may be intrusted with them for disbursement, shall give such security, at such time and place, and in such manner as the Secretary of the Treasury may prescribe.

进一步规定，所有由总统根据参议院的建议和同意任命的堪萨斯领地官员，根据现行法律或本届国会可能颁布的任何法律的规定，必须为委托其支出的资金提供担保，应在财政部长规定的时间、地点和方式提供担保。

SEC.

美国证券交易委员会。

37.

And be it further enacted , That all treaties, laws, and other, engagements made by the government of the United States with the Indian tribes inhabiting the territories embraced within this act, shall be faithfully and rigidly observed, notwithstanding any thing contained in this act; and that the existing agencies and superintendencies of said Indians be continued with the same powers and duties which are now prescribed by law, except that the President of the United States may, at his discretion, change the location of the office of superintendent.

并进一步颁布，美国政府与居住在本法案所涵盖领土上的印第安部落签订的所有条约、法律和其他协议，均应忠实而严格地遵守，无论本法案中包含什么内容；上述印第安人的现有机构和监管机构继续具有法律规定的相同权力和职责，但美国总统可以自行决定改变监管机构的地点。

中文为机器翻译，仅供参考。