Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1849-05-16

tia thereof, shall perform the duties and receive the
emouments of superintendent of Indian affairs; he
may grant pardons for offences against the laws OF
sad 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 %
ONCE undhr the laws OF the said Territory, and shall
| lake care that the laws be faithfully executed.
SEc.3, And be IL further enacted, That there shall
be secretary of said Territory, who shall reside
therein, and hold his Office for four wears, 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
consttuted and all the acts and proce of the
governor in his executive department; he shall
transmit one copy of the laws and one copy of the
executive proceedings, or before the first day of
December In each year, to the President of the uni
TED States and at the time, two copies of the
laws to the Speaker Of the House of Representatives.
anu the President of the Senate for the use of Con-
gress. And in case of the death, removal resiena-
on, or necessary 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 :he governor during such
vacancy or necessary absence, or until another 60
vernon snail be duly appointed to fill such vacancy.
SEC. 4. And be il further enacted, That the legis-
tive Power and authority Of said Territory shall be
vested in the governor and Legislative assembly.
me legislative assembly shall consist of council
ana mouse OF representatives.. The council shalt
consist Of nine members, having the qualifications
OF voters as hereinafter prescribed, whose term of
service shall continue two years. The house Of
representatives shall, at its first sessit consist
esghteen members, possessing the same qualitica-
tons as prescribed for members Of the council, and
whose term OF service ahall continue year.
Inc humble" OF councillors and representatives may
De increased by the Legislative assembly, from time
70 time, IN proportion the increase of population
Provided, That the whole number shall exceed
hftcen councillors and thirty representatives.
An apportionment shall be made, as nearly equal as
practlcable among the several counties Districts
LOT the election OF the council and representatives,
giving to each section Of the Territory representa-
on IN the ratio Of its population, Indians excepted,
as nearly as may be. And the members of
the council and Of the house of representa-
u'eS snail reside in, and be inhabitants of,
the district for which they may be elected respec.
lively. Previous to the first election, the governor
shan cause census Or enumeration of the inhahi-
tants OF the several counties and districts Of the
territory to be taken, and the first election shall be
heia al such time and places, and be conducted in
suCh manner as the governor shall appoint and di-
rect; 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 dis
tftcts Shall be entitled under this act. The number
OF persons authorized 10 be elected having the high
PSI number of votes in each of SAID council districts
for members Of the council shall he declared by the
governor TO be dnIy elected to the councils end the
person or persons authorized to be elet ted having
the greatest number of votes for the house Of repre-
sentatyes. equal to the number to which each coun
ty Or district shall be entitled, shalt be declared by
Inc governor TO he duly elected to the house OF
Fresehtatlves Pr0uided, That in case of a tie be-
t"eeh two or more persons voted for, the governor
a!ait order new election to supply the vacancy
made by such tie And the persons thus elected to
Tile LEGISLATIVE assembly shall meet at such place,
Hi Oh SUCH the guVcrIUT
thereafter, the time, place, a.d manner of holding
and conducting all elections by the people and the
apofiohiH. IN" repre- sentation in the several cCun
ilcs or districts 10 the council and house of repre-
Senta;iFes accorcing the pop ulation, shall be pre-
scriied by law, as wei, os the day of the commence
inent OF the rCg. sessions Of the legislative as
scmby: Pro rtdrd. That no one session shall eX-
ceed TIT term OF SIXTY days.
SLt 5. Ind be Il further enacted, That every free
white male ihh&bltant above the age Ct TIVE nty-one
years, who shall have been resident of said Terri
tory al the time Of the passage of this act, shall he
entitled to vote at the frs; election, and shall be eli
guie TO any Office with the said Territory; but the
Qualifications OF voters aid Of holding Office. at all
subsequent elections oha be prescribed by the le-
EsiatIve assembly: Ej0rded. That the right of SUI
trage ana Of hOiang Office small be exercised OILY by
CitZsils o. the United States. and those who shall
have Gecal cd. oath, their intention to become
such, and SHALL have taken oath to support the
c"nstlt~-. q t. IL Stats and tie provisions
u tHiS at.
Sic 6. And be II fauther enacted. That the legis-
la'e power OF the Territory shall extend to all right
Ia sui IeCts OF cgi -ation, Cnsistent with the
sutu'Ion Of the United States and the provisions of
iI4iS att but lao law Shall ne passed interfering with
the Urinary disposal oi the soil; tax shall be I'M
posed upon the property Of the United States nor
sdi tue lands or other pr perry Of non-residenS be
taxed higher than residents. AL the laws passed
by the legislative assembly and governor shall be
SUI mittedto he Congress of the United States, and
II dlrapprUved. shall be null and Of no effect
sex. I. h1sd be ii JortLer tnactrd, That all town.
Ship district, and county Officers, not herein other
wise providt fer, Shall be appointed or elected, as
the case may be, in sC manner as Shall be provided
10y the governor and cgi alive assembly OF the Ter
rlt"ry Of Minnesota. The governor shall nominate,
and. by ana with tie advice and consent of the egis
la;ive COUNCIL Appoint all officers not herein other
WISE provided Tor; ami in the first instance the 60
YciEor alone may appoint all said officers who shall
hold their offices until the end Of the next session
Ct the legislative assembly.
SEC. s. And be il further enacted, That no member
OF the eSisallte ASSEMBLY shall hold or be appoint
cd to any office which 81 al hive cen created, or the
salary or emoumeAtS Of which shall have been IN
creased while he was member, during the term for
which he was elected, and tor one year after the ex
piration Of such term and no person holding COM
mission or appointment under the United states, ex
cept postmaster, Shall be member OF the legisla-
tive assembly, shall hold any Office uLder the 60
vernment of sid Territory.
SEC. 8. AMI be it turthr enacted, That the judi
Cia power of said Territory Shall be vested in SUI
preme court distriL courts, probate co TIT and III
justices Of the peace. The supreme court shall con-
Sist of chief justice and two associate justices any
two Of whom shall constitute quorum, and who
shall hold Crp at the seat of eoverlH of said
Territory annually and they sh II hold their Offices
during the period O. four years. The said lerlho1y
shalt be divided Tito thee Judicial districts and a
district court shall he h,l IN each Ct said districts
ty one OF the justices of tn! supreme court, at such
times and places may lie r, serted ly law and
the said Judges SHALL after their 81 roin;ments, re-
speCtively, reside tie districts assigned them.
The jurisdiction OF tie several toults herein pIOv
ded for, both appellate and original" and that of the
probate counts and justices OF the eaCe, Shall be
limited by law Ircrided That the justices of the
peace shall not have juIiSdittion OF any matter in
controversy when the title boundaries Of land
may be in iii: pute, where tie debt or sum Clsmed
shall exceed one hundred dollars; and the said SUI
preme and district courts scctvely, shall possess
chanCCry, as well as common law jurisdiction. Each
district court. the Judge the reoi, shall appoint its
clerk, " no shall ;lso be the register in chancery
and Shall keep his Office at the place where the
may be held. Wits Of error. hills Of exception and
al peGls, shall lie allowed in all from the final
d, csions tf said district courts TO the supreme
court, ui.der such regulators as nal be pre- scrted
BY law, but in we'd 10 the sHpIe court
shall tri.l by jury be allowed In said court. The
supreme couit, tie justices thu reof, shah appoint
It's CLERK; and every clerk snail hold his Office
at the pleasure of the court for which he shall have
been arpoiB ted. Writs of error and appeals from
The final decisions OF said supreme court shall be al
lowed and may be taken to the SupTt Court OF the
United States, i'll the manner and under the
same rules and regulations fl en- the Circuit courts
Of the United States. where the value OF The proper
ty or the amount in controversy, to be ascertaned
by the oath affirmation Of either party, or other
rou tart ritn hall epd thousand dol