Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1838-07-14


thereof made BY said sheGtis 10 the Governor. The
first election shah be held al such time and place,
and be conducted IN such manner rs the Governor
SHAH appoint and direct; and he shah SO tac same
time, declare TIE n6mber otmeu5eS o. tie Council
and House of Representatives To which each o.. the
counties or districts arc entitled under this act The
number ol persons authorized 20 be elected having
the greatest number OF votes IN each OF the sand
counties or districts for the Council, shall be declr
ed by the sail Governor to be duly elected TO the
said Council and the person or persons having the
greatest number Of votes for the House of Repre-
senlatyeS, equal TO the number 10 which each coun-
y may he entitled, shall also be declared by the
Governor 10 Be duly elected Prort3ed The Gov
ernor shall order a new election when there is a tie
between two or more persons voted for, 70 supply
the vacancy made by such tie. And the persons
thus elected 10 the legislative Assembly Sha. meet
az such place. and on Such day as he shall appoint;
but thereafter the time place, and manner Of hold
ing and conducting all elections by the people, aud
the apportioniag tie representation in the several
counties 10 the Council and House of heprese! Ia
uYes, according to population, shall be prescribed by
law, as well as the day of the annual commence
ment Of the session Of The said Legislative Assembly,;
but no session in any year shall exceed the term Of
seventy-fye days.
Sec. ). End be IL further enacted, That every
free white male citizen OF the United States, above
the age ottwenty-one years who shall have been
an lnhabtan Of SAID Territory at the time OF its or
ganizaon Shall be entitled 10 vote at the first cleo
ton, and shall be eligible to any Office within the
said Territory; but the qualifications ofyolers at
all subsequent elections, shall be such as shall be-
determined By the Legislative Assembly: PrSrlded
That the right of suffrage shall be exercised only
by citizens ofthe United States
Sec. 6. Ind be IL further enacted, That the leg
lSatlvp w pf tho Horrt,rt elnl evtpp1 n NIL
rghtfa subjects OF legislation; 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 pro-
perry Of non-residents be taxed higher than the
lands or other property Of residents. All the laws
OF the Governor and Legislative Assembly shall be
submitted To, and if dis0pproved by, tho Congress
OF the United States, the same shall be null aud OF
no effect.
Sec. T. ind be it further enacted, That, all
township officers justices Of the peace, sheris, and
clerks OF courts, shall be elected by the people IN
such manner as is now plcSnribed by the laws OF
the Territory OF Wisconsin, or as may, after the
first election, be provided by the Governor and Lee
gislative Assembly ollowa Territory The Cover
nor shall nominate and by aud with the advice and
consent of the Legislative Council shall appoint all
Judicial officers, justices Of the peace, sherlts, and
al militia officers, except those of the staff, ana I'LL
civil officers not herein provided for Vacancies
occurring IN the recess ofthe Council, shall be filed
by appointments from the Governor, which shall
expire at the end the next session of the Leuisla-
tive Assembly; but the said Governor NAV appoint,
IN the first instance, the aforesaid officers, who shall
bold their Offices until the end Of the next session Of
the said Legislative Assembly.
Sec. ). .3ad6 be II further enacted That no mem
Der OF the Legislative Assembly shall hold, or be
appointed TO, any Office created, or the salary or
emoluments Of which shall have been increased,
whist he was member, during the term for which
he shail have been elected and for one year after
the expiration of such term and no person hold
ing commission or appointment under the United
States or any of its officers, except as failitia off
Ger, shall be a member Of the SAID Council or House
OF Representatives. or shall hold any office under
the Government OF the said Territory.
Sec. 9. lind be it further enacted, That the judi
cla power OF the said Territory shall be vested in
a supreme court, district couI u.s. probate courts and
in justices Of the peace. The supreme court shall
consist OF chief justice and two associate Judges,
any two Of whom shall be a quorum and who shall
hold a term at the seat of Government of the said
Territory annually, and they shall hold their Offices
during the term OF four years. The said Territory
shall be divided into three judicial districts: and
distinct court or courts shall be held in each olthc
three districts, by one Of tie Judges Of the supreme
court, at such times and places may be prescribed
by law and the said Judges shall, after their ap-
polntment respectively reside in :he districts which
Shall be assigned to them. The jurisdiction Of the
several courts herein provided for, both appellate
and original and that of the probate courts, and Of
the justices OF the peace, shall be as limited b. lazy
Provided, holceper, That justices Of the peace shall
net have jurisdiction Of any matter Of controversy
when the title or boundaries Of land may be in dis
pute, or where the debt or sum claimed exceeds Gf-
Ialf,.u- A,,l Al, .
respectively shall possess a chanctTy as well rs
common law Jurisdiction. Each district court shall
appoint its clerk, who shall keep his Office at the
place where the court may be hcld, and the SAID
clerks shall also be the registers in chancery; and
any vacancy IN sad Office Of clerk happening m the
vacation of said court, may be filed by the Judge
of said district which appointment shall continue I'M
til the next term Of said court. And wrts Of error
bills Of exception, and appeals in chancery causes
shall be allowed in all cases from the final decisions
OF the said district courts 10 the supreme court, nm
der 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 may appoint its own clerk, and every clerk
shall hold bis office at the pleasure OF the court by
which be shall have been appointed. And Wrlts Of
error and appeals from the final decisions ofihe said
supreme court shall be allowed and taken TO the Su-
preme Court Of the United States, in the man
ner and under the same regulations as from the cir
cult courts Of the United States where the value Of
the property the amount in controversy, 10 be as
certaincd BY the oath or affirmation of either party
shall exceed one thousand dollars. And each Of the
said district courts shall have and exercise the same
jurisdiction in all cases arising under the constu-
ton and laws of the United States, as is vested in
the circuit and district courts Of the United States
And the first six days Of every term OF the said
shall ha shall
be appropriated to the trial Of causes arising under
the said constitution and laws. And writs of error
and appeals from the final decisions Of the said
courts, ln al. such cases. shall be made 10 the SUI
preme court ofthe Territory, in the same manner
as in other cases. The said clerks shall receive N
all such cases. the same fees which the clerk Of The
district courts of Wisconsin Territory now receives
for similar services.
Sec 10. Ind be il further enacted. That there