The enquirer. [volume] (Richmond, Va.) 1804-1815, 1812-10-30

Of three judges who shall resie in the said territory
any two Of which shall constitute court the supe.
rior shalt have jurisdiction in ali criminal cases.
and exclusive jurisdiction in all those that are capital
and original. and appellate Jurisdiction in all civil
cases Of the value OF one hundred dollars the said
judges shall hold their courts at such times and pls
ces as shalt be prescribed by the general assembly,
The sessions Of the superior ndneror courts shall
continue until all the business depending shalt be dis
posed of, or for such time shall be prescribed BY
the general assembly. The superior and inferior
courts shall respectively appoint their clerks, who
shalt be commissioned by the governor and shall hold
their Offices during the Temporary government of the
said territory, unless sooner removed BY the court
SEC II. .4nd be 1t further enacted That all free
maUwhi persons of the age of twenty one wears
who shall have resided year in the said terrific
ry, and are not disqualified by any legal proceed
ing, shall be qualified to serve as grand or petit
jurors IN the courts of the said territory; and
they shall until the general assembly thereof
shall otherwise direct, be selected in such manner
n the said courts shall respectively prescribe so ne
20 be most conductive to impartial feast
burthensome to the inhabitants ofthe said Tertiary.
Sec. l2. Ind BE if further enacted That the go
vernor secretary and judges Of theterrtory Of Mis-
souri, authorised by this act, and all general officers
OF the militia, during the temporary government
thereof, shaiibe appointed aud commissioned by the
President OF the United States BY and with the adj
vice ana consent ofthe Senate; and the governor,
secretary and judges shall respectively receive for
their Services the compensation established by law
70 he paid quarter yearly OF tie treasury of the
United States; the governor, secretary, Judges,
members OF the Legislative council, members of the
house Of representatives, justices of the peace, & all
other officers, civil and military before they enter ON
che du ties OF their respective o!ceA shall take an
oath OF affirmation to support the constitution Of the
States Il Tor the faithful discharge the duties oil
their chce the governor before Judge of the Su-
prcmesra district court of the Ueited States or
Judge oil the said territory; the secretary and Judges
oeforethe governor; che members Of the Legislative
kenss koe<
ct TIE said territory and the justices Of the peace
and all other officers before such person "a the 90.
vernon shall appoint or direct -
Sec U.s. .dsd be &C further enacted, That the cit.
zens oil the said territory epttle to vote for rebre.
sentatves to the general assembly thereof shall at
the time OF e,ecting their Representatives to the
said general assembly, also elect one delegate from
the said territory to the Congress of the IT, States
! and the delegate so elected shah possess the came
powers, shall have the privileges and compen.
sAtion Tor hi tendance in Congress and for eninp
70 and rettfrnss from the same, heretofore have
oeen granted to and provided for delegate from
any territory of the United States.
Sec. IA Ind BE ir further enacted That the ned
pie OF said territory shall always be entitled to por.
roruonate representation in the general assembly
70 judicial proceedings according to the common law
ana the laws and usages in force IN the said terrific
y; to the benefit of the writ of habeas corpus In
all criminal cases the trial shall be by ury of pood
and lawful men OF the vicinage: Ali persons shan
oe baablc unless for capital offences where the proof
shall be moderate, and no cruel or Unusua! nunsb-
ment shall be inflicted. No man shall be deprived
.! ms ne, liberty or property but by Judgment of
aus peerf and the law of the land If the public ex.
gences make necessary for the common preserya-
ten to take the property of any person, or demand
MS particular services, full compensation shall he
made fer the same No expost facto law impair.np
the obligation Of contracts shall be made No law
shah DC made which shall lay any person under re.
strant, burthen disability on account of his reI
sous opinions, professions mode of worship in all
which he shalibe free to maintain his own and not
ourtnened tor those of another. Religion morality
ana knowledge teing necessary to good government
and the happiness of mankind schools and the means
OF education shall be encouraged and provided for
from the public lands Of the United States In the
SAID territory, in such Congress dsem
expedient.
Sec. Is .and BE M further enacted, That the &c.
neral assembly shall never interfere with the prina
ry disposal OF the soil by the United States in Con
sress assembled, nor with any regulation Congress-
may ind necessary to make for securing the title in
we cons hde purchasers. No tax shall be imposed
nonresident proprietors shall be taxed higher
than those OF residents The Mississippi and Mia
souri, rivers, and the oayigabIe waters flowing into
them, and the carrying places between the same,
snail be common highways and forever free to the
people OF the said territory and to the citizens of the
Cnsed States, without any tax duty impost there.
for.
Sec 16. .and be it further enacted, That the law,
LOUISIANA.
at the commencement of this act, and not nconsist-
ent with the provisions thereof shall continue in force
until altered, modified repealed BY the general as.
semby And it is hereby declared that this act shall
not be construed to vacate the commission of any of
fcer in the said territory, acting onder the authori
ty OF the United States but that every such commits.
sion shall, be and continue in full force as If this act
had not been made. And much of an act, entitled
:" An act further providing for the government of
the territory OF louisiana" approved on the third
day of March, one thousand eight hundred and five
and so much of act, entitled " An act for erect
ing Louisiana in two territories and providing for the
temporary government thereof" approved the TWEEN.
ty-sixth of March, one thousand eight hundred and
Tour asi repugnant to this act, shall from and after
tn , hrst Monday IN December next be repeaed--C.
which first Monday in December next this act s,al,
commence aud have full force; Provided, so rauch
as requires the governor of said territory to per-
form certain duties previous the said first Monday
IN December next, shall be in force from the passage
thereof.
III. CLAY,
Speaker Of the House of Rebresentatives.
WIN. III. CRAWFORD,
Presi6ens j'the' Senate, PRO te,nooye.
June 1, 1919.