Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1848-11-10

well as the dag of the commencement OF the
regular sessions of the legislative assembly !:
| Provided. That no session in any one year
shall exceed the term of sixty days, except the
first session, which shall not be prolonged be-
yond one hundred days
SEC. 5. Ind be at further enacted, That ev<
ery white male inhabtant above the age OF
twenty-oDe years, who shall have been res
ident of said Territory at the time OF the pas
ssce If this act, and shall possess the quaiin-
cations hereinafter prescribed. shall De entitled
n vote q, the first election, and shall be ellgl-
hIo IN INV office within, the said Territory; but
,be Qualification of voters and of holding Of
fee at ali subsequent elections, shall be such
az shall be prescribed by the Legislative assem-
bIy: Proesded, That the right of suffrage and
of holding Office shall be exercised only by
citizens of the United States above the age of
twenty-one years, and those above that age
who shall have declared, on oath, their lnten-
ton to become such, and shall have taken an
| oath 10 support the constitution OF the United
States and the provisions of this act: And
prorided further, That no officer, soldier, sea-
man, or marine. or other person IN the army
or navy Of the United States, or attached 10
troops in the service of the United States, shall
! be allowed to vote in said Territory, By rea-
son Oh DelDS Oil SeIblCc lDcIclIIs uiieSS eau
Territory is and has been for the period Of six
months his permanent domicilc Provided fur
tier, that no person belonging TO thu army or
navy of the United States shall ever be cleo
ted to or hold any civil Office or appointment
in said Territory.
Sec. 6. And be 1t further enacted, That the
| legislative power of the Territory shall extend
to all rightful subjects of legislation not in
consistent with the constitution and laws OF
the United States but no law shall he passed
interfering with the primary disposal of the
soil no tax shall be imposed upon the prop
erty of the United States; nor shall the lands
or other property of non-residents be taxed
higher than the lands or other property of res
idents. All the laws passed by the legisa
tive assembly shall be submitted TO the
Congress of the United States, and if disap-
proved, shall be null and of no effect: Prori-
ded, That nothing in this act shall be constru
ell to give power to Incorporate a hank, or
any institution with banking powers, or 10
| borrow money in the name of the Territory
or to pledge the faith of the people of the same
| for any loan whatever, either directly or indI-
recty No charter granting any privilege OF
making, issuing, or putting into circulation a.
nv notes or bills in the likeness of bank notes,
or anv bonds, scrip, drafts, bills of exchange
or obligations, or granting any other banking
powers or privileges, shall be passed by the
| legislative assembly; nor shall the establish.
ment Of any branch or agency of any such
corporation, derived from other authority, be
allowed in said Territory nor shall said leg
islative assemh authorize the issue OF any
obligation, scrip, or evidence of debt by said
Territory, in any mode or manner whatever,
except certificates for services 10 said territory:
and all such laws, or any law or laws incOn-
sstent with the provisions of this act, shall
he utterly null and void and al taxes shall be
equal and uniform, and no distinction shall be
made in the assessments between the different
kinds Of property. but the assessments shall
be according TO the value thereof. To avoit
improper influences which may result from in
termxing in one and the same act such things
rs have no proper relation TO each other, eve
~ law shall embrace but ore object, and tina
shall be expressed in the title
SEC 7. And be it further enacted, Tha
all township, district, and county officers, no
herein otherwise provided for, shall be appoin
led or elected in such manner as shall be pro
vded by the legislative assembly of the Ter
ritory OF Oregon.
SEC. 8. And be 1t further enacted, That NJ
member of the legislative assembly shall hold
or be appointed to, any Office which shall have
been created or the salary or emoluments o
, which shall have been increased, while hi
was member, during the term for which ht
was elect, and for one year after the expira
ton Of such term but this restriction shall no
be applicable to members of the first legisla
tive assembly; and no person holding a com
mission or appOintmcnt under the United States
shall be a member of the legislative assembly
or shall hold any office under the government
of said Territory.
Sac. 9. And be it further enacted, That tht
judicial power of said Territory shall be vest
ed in supreme court, district courts, probate
courts, and in justices of the peace. The su
preme court shall consist of chief Justice ant
two associate justices, any two of whom shall
constitute a quorum, and who shall hold ;
, term at the seat of government OF said Terrific
ry annually, and they shall hold their office
during the period of four years, and until the
successors shall be appointed and qualified
The said Territory shall be divided into three
judicial districts, and district court shall b,
held in each OF said districts by one of th
justices of the supreme court, at such time
and places as may be prescribed by law an;
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 O
the probate courts and of justices of tn
f peace, shall be as limited by law: Provided
That justices of the peace shall not have ju
risdiction OF any case in which the title to lam
: shall in anywise come in question, or wher
the debt or damages claimed shall exceed on
hundred dollars and the said supreme an
district courts, respectively, shall posses
chancery as well as common law jurisdiction
+ Each district court, or the Judge thereof, sha
appoint its clerk, who shall also be the regis
/ ter in chancery, ard shall keep his office a
+ the place where the court may be held Writ
4 of error, bills of exception, and appeals sha
be allowed in all cases from the final deci
: SONS of said district courts to the suprem
| court, under such regulations as may be pre-
G scrlbed by law but in no case removed to tn
supreme court shalt trial by jury be above
in said court. The supreme court, or the jus
u. tees thereof, shall appoint IFS own clerk. an
. every clerk shall hold his Office at the pleas
ure of the court for which he shall have bee
i appointed. Wrts of error and appeals fror
. the final decisions of said supreme court sha
: be al owed, and may be taken to the Suprem
4 Court of the United States, in the same mar
NJ and nn.ipr the same rapnlatIOnS frOt