The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-11-11

supply the vacancy made ny such tie. ANU tue
persons thus elected TO the legislative assembly shall
meet at such place, and on such day. he shall APP
point. But thereafter the time, place, and manner
OF holding and conducting all elections by the peo
pie, and apportoning the representation TO the coua-
cal and house OF representatives according 20 popu
ation. shall be prescribed 10y law as well as the day
Of the annual commencement of the session Of the
said Legislative assembly; but no session, in any
year, shall exceed the term of forty days.
SEC. Z. find be il further enacted, That every
free white male citizen OF the United States,
above the age of twenty-one years, who shall be
an inhabitan of the said Territory at the time the
Legislative assembly shall be established, shall be en-
titled to vote at the first election and shall be egi-
bic TO any Office in the sad Territory but the quail
fcation Of voters at all subsequent elections, shall
be such as shall be determined by the Legislative
assembly, Prorded That the right of suffrage shall
be exercised only by citizens ofthe United States.
SEC. 8. .fnd be u 61ther enacted, That the egisa-
tive power Of the Territory shall extend to all right
full subjects Of legslation but law shall be passed
interfering with the primary disposal of the soil;
no tax shall be imposed upon the properly of the
United States nor shall the lands or other proper
~ 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, il disapproved by, the Congress of the
United States, the same shall be null and of no ef-
feet, but, until such disapprova shall be in full
force and virtue.
SEC. 9. .and be Il further enacted, That all town.
ship officers, and all county officers except judicial
officers, justices Of the peace, shers, and clerks of
courts, shall be elected by the people in such
ner is now prescribed by the laws ofhe Territory
Of lowe, or as may be prescribed by the legislative
assembly Of the Territory hereby established
That until the Legislative assembly shall he estab-
lshed, the governor shall appoint all judicial officers
justices Of the peace, shers, and all militia officers
except those Of the staff and all civil officers not
here trovtded for And fropn M ~
the governor shall nominate, and, by and with the
advice and consent ofthe council, shall appoint all
such aforementioned officers, except officers of the
staff Of the militia. Vacancies occurring in the re-
cess Of the council shall be filed by appointments
by the governor, which shall expire at the end
of the next session of the legislative assembly
SEC. TO- find be II further enacted, That no men,
Der Of the legislative assembly shall hold, be APP
pointed to, any Office created, or the salary or emol
uments Of which shall have been increased, whilst he
was member, during the term for which he shall
have been elected and for year after the expiration
of such term; and no person holding a commission
or appointment under the United States, or any of
its officers, except militia officer, shall be
member Of the said council or house Of representa-
tives, or shall hold any Office under the government
of the sad Territory.
SEC. H. .fndbs u Further snacied, That the judicial
power Of said Territory shall be vested 10 terrific
rial court consisting Of one Judge and such inferior
courts TO be held by the Justices Of the peace Of
said Territory as may be established by law.
SEC. IL. find be IL further enacted That said
territorial judge shall have and exercise the same
jurisdiction over all matters of litigation arising
in said Territory, as is now exercised by any
of the circuit or district courts of the United
States, with the right of appeal to the Supreme
Court Of the United States where the matter in iti-
CATION exceeds one thousand dollars; and shall also
have original jurisdiction in all cases whatsoever,
civil and criminal, arising therein; and, after the
adjustment Of inferior courts by the Legislature,
shall have appellate jurisdiction from such courts,
and superintendent control over them.
SEC. Is. .aad be Il further enacted, That, until the
powers, duties and jurisdiction of justices Of the
peace shall be prescribed by the legislature, the
same shall be such arc now exercised by jus
tees of the peace in the Iowa Territory.
SEC a. find be II further enacted That said terri
toria court shall be held at the Of government
for said Territory, and at such other place places
as the legislature may designate; and shall have
power to appoint clerk whose fees shall be the
same for like services in the Iowa Territory, ur-
til further regulated by the legislature.
SEc. l5 .4nd be Il further enacted That there shall
be attorney for the said Territory appointed, who
shall continue in Office four years, unless sooner re-
moved by the President, and who shall receive the
same fees and salary as the attorney of the United
States for the Territory of Iowa. There shall also
be marshal for the Territory appointed, who
shall hold his Office four years. unless sooner re-
IUOVeu ny the ITcbiutHt, WHO bHdn execute I'll
process issuing from the said court; he shall perform
the same duties, be subject TO the same regulations
and penalties, and be entitled TO the same fees, as
the marshal Of The Territory Of Iowa; and shall, in
addition, be paid the sum Of two hundred dollars
annually, as a compensation for extra services.
SEC. l6. find be il further enacted, That the
governor secretary, territorial judge, 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 secretary, to be appointed as afore-
sad shall before they act such, respectively take
ce of the peace of the State Of Missouri, duly COM
mssioned and qualified to administer an oath or af
frmaton or before the chief Justice some associ-
ate Judge Of the Supreme Court ofthe United States,
to support the constitution Of the United States and
for the faithful discharge Of the duties Of their
spective Offices; which said oaths or afirma,ions,
when so taken, shall be certified by the person be-
fore whom the same shall have been taken, and
such certificate shall be received and recorded by the
said secretary among the executive proceedings.
And the said territorial judge, and all other civil Off
GERS in the said Territory, before they act such,
shall take like oath or affirmation before the said
governor or secretary, or some judge or justice Of
commissioned and qualified; which said oath or af-
frmaon shall be certified and transmitted by the per-
son taking the same to the secretary, to be by him
recorded aforesaid; and afterwards the like oath
affirmation shall be taken, certified and recorded
in such manner and form as may be prescribed by
law. The governor shall receive an annual salary
of fifteen hundred dollars as governor, and one
thousand dollars superintendent of Indian affairs.
The said territorial judge shareceive an annual sal
airy Of eighteen hundred dollars. The secretary shall
receive an annual salary Of twelve hundred dollars.
The said salaries shall be paid quarterly at the treas
ury of the United States The members Of the legs-
ave 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. There shall be appropriated
ally the sum Of three hundred and fly dollars, to
be expended BY the governor, to defay the contin-
gent expenses Of the Territory and there shall also
Be appropriated annually sufficient sum, TO be ex-
pended 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 ex.
penses Of the legislative assembly, the printing Of
the laws and other incidental expenses and the sec
rotary Of the Territory shall annually account to the
Secretary Of the Treasury Of the United States for
the manner in which the aforesaid sum shall have