The Minnesota pioneer. [volume] (St. Paul, Minn. Territory) 1849-1855, 1849-09-20

ation, Indians excepted, as nearly as may
be. And the members of the council and
of the house Of representatives shall reside
in, and he inhabitants of, the district for
which they may be elected respectively.
Previous to the first election, the governor
shall cause census or enumeration Of the
inhabitants Of the several counties and dis
tricts Of the Territory to be taken, and the
first election shall be held ut such time and
places, and be conducted in such manner,
as the governor shall appoint and direct;
and he shall, at the same time, declare the
humber of members Of the council and
house Of representatives to which each of
the counties or districts shall be entitled
under this act. The number of persons
authorized to be elected having the highest
number of votes in each of said council
districts for members of the council shall be
declared by the governor to be duly elected
to the council; and the person or persons
authorized to be elected having the greatest
number of votes for the house Of represent
tatives, equal to the number to which each
county or district shall be- entitled, shall be
declared by the governor TO he duly elected
members Of the house of representatives, :
Pr0rided, That in case Of tie between
two or more persons voted for, the governor
shall order a new election to supply the va
cancy made by such tie. And the persons
thus elected to the legislative assembly shall
meet at such place and on such day, as the
governor shall appoints bu. thereafter, the
time, place, and manner of holding and
conducting all elections by the people, and
the appOriioning the representation in the
several counties or districts TO the council
and house of representatives according TO
the population, shall he prescribed by law,
as well as the day Of the commencement Of
the regular sessions of the legislative as
sembly: Prouided, That no one session shall
exceed the term of sixty days.
Sec. 5. find be it further enacted, That
every free white male inhabitant above the
age Of twenty lone years, who shall have
been a resident of said Territory at the
at the time of the passage of this act, shall
be entitled to vote at the first election, aud
shall be eligible TO any Office within the
said Territory; but the qualifications Of
voters and Of holding office, at all subse
quent elections, shall be such as shall be
prescribed by the Legislative assembly: Pro
uided, That the right Of suffrage aud of
holding Office shall be exercised only by citi-
Gems of the United States, and those who
shall have declared, on oath, their intention
to become such, and shall have taken an
oath to support the Constitution of the
United States and the provisions Of this act.
Sec. 6. find be 1t further enacted, That
the legislative power Of the Territory shall
extend to all righ,iul subjects of legislation,
consistent with the Constitution of the
United States and the provisions of this act;
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
property Of non-residents be taxed higher
than the lands or other property OF resi-
dents. All the laws passed by the legisla-
tive assembly and governor shall be sub
mitted to the Congress of the United States,
and if disapproved, shall be null and of no
effect.
Sec. T. find be i. further enacted, That
all township, district, and county officers,
not herein otherwise provided for, shall be
or elected, as the case may be,
i'll such manner as shall be provided by the
governor and legislative assembly of the
Territory Of Minnesota. The Governor
shall nominate, and, by and with the advice
ami consent of the Legislative council, APP
point all officers not herein otherwise pro-
vided for; and in the first instance the COVER
nor alone may appoint all said officers, who
shall hold their offices, until the end of the
next session of the legislative assembly.
Sec. 3. find be 1t further enacted, That
no member of the legislative assembly shall
hold or be appointed to any office which
shall have been created, or the salary
or emOluments of which shall have been in
creased, while he was IA member, during the
term for which he was elected, and for one
year after the expiration of such term; and
no person holding a commission or appoint
ment under the United States, except
postmastcrs, shall be a tneinber of the leg
islatve assembly, or shall hold any office
under the government Of said Territory.
Sec. 9. lind be II further enacted, That
the Judicial power Of said Territory shall
be vested in a supreme court, district courts,
probate courts, and in justices of the peace.
The supreme court shall consist of chief
justice and two associate justices, any two
of whom shall constitute a quorum, and
who shall hold term at the seat of gov
eminent of, said Territory annually, and
they shall hold their Offices during the period
Of four years. The said Territory shall be
divided into three judicial districts, and
district court shall be held in each of said
districts by one Of the justices Of the su-
preme court, at such times and places as
may be prescribed by law; and the said
judges shall, after their appointment, re-
spectively, reside in the districts which
shall be assigned them. The jurisdiction
of the several courts herein provided for,
both appellate and original, and that OF the
probate courts and of justices of the peace,
shall be as limited by law: Provided. That
the justices of the peace shall not have ju-
risdiction Of any matter in controversy when
the title or boundaries of land may be in
dispute, or where the debt or sun claimed
shall exceed one hundred dollars: and the