The Arkansas banner., 1849-05-08

eeed hlteen councillors and thifthine rep4esenta- uves. An apporiIoDment shall made as nearly
 equal as practicable. among tbe feFaI counties or
 districts, for the election of the cnci and repre- sentaiives, giving to each sec,ioof the territory
 representation in the ratio of its pulation, Indians
 excepted, as nearly ss may be. nd the members
 ot the council and of the house representatives
 shell reside in, and be inhabifan of, ihe district for which they may be elected fpeetiyeIy. Pre-
 vious to the trst election, The gornog shall cAnse
 census oI enumeration of the,hsbitants of the
 several counties and districts ofe territory 10 be
 taken. and the first election shs be held at such usne and places, and be coRducti in such manner
 as the governor shall appoint al direct; aud he
 shall, at the same time, declare n number of mem
 bers of the council and house Representatives to
 which each of the counties or diticts shall be en. titled under this act. 1he-num& of persons au- thosfzed to be elected having the Iehest number of
 votes m each Of said council diss:is for members ct the council shall be declared b,ehe governor 10 be daiy elected to the council; an the person or persons authorized 10 be elected hsiog the greatest
 numhsr of ~ntes for the hoese af tssresentatives. equal Co the number 10 which eaclrc0Sfy or district shall b. entitled shall be declared bshe governor to be duly elected members Of the htse of repre- sentatives: :: Pyooided, That in case oA tie between two or more persons voted for, the ,vernor shall | order new election 10 supply the vainey made by sneh tie. And the persons thus elecH to the egis- lative assembly shall meet a, suehasce, and on such day, as the governor shall appois but there after, the time, place, and manner holding and conducting all elections by the peoPls and the ap-
 pOrtioaing the representation in theeyefal cotsr. ties districts 10 the council aRd ktse of repre- sehtatives according 10 ,he pcpuia,iorsha be pre- scrbed by law. as well as the day of II commence ment Of the regular sessions of the kisIative as- sembly: Preceded, That nc one sessidshall exceed the term Of sixty days.
 Sec. :. And be it further enacted, Iht every free white male iBhabitaHt above the age twenty one years, who shall have been residentf said terri- tory at the time of the passage of thiaet, shalt be entitled to vote at the first election an shai be eli gbe to any office within the said terioty; but the qualifications of voters and of holdif office at all subsequent elections. shall be such ashai be pre- scribcd by the legislative assembly: loridei, That the right of suffrage and of holding flee shall be exercised only by citizeEs of the Unit States and
 those who shall have declared, on oaii their inten- tion tc become such and shall have ken an oath to support the constitution of the Uaid States and the provisions of this act
 See. 6. And be ii further enacted. hat the legis- lative power of the territory shall xtend to all rigfstnl subjects of egislaiion consient with the constitution of the United States and le provislons of this act; but no law shall be passi interfering with the primary disposal of the soil no tax shall be imposed upon the property ot the hited States, nor shall the lands other proper;yuf non-r resi- uehis De taxed hlSheF man ttfe lauaSF other pro- perty of residents. All The laws psed by the legislative assembly and governor sha be submit ted 10 the Congress of ihe United Sist and if dis approved shall be nuli and of no eifsct
 Sec. :. And be il further enacted, Hat all town ship district, and county officers not erein other vase provided for, shall be appointed elected, as the case may be, ia such manner ss sal be pro vlded; the governor sLali HoGIinaie end, by and with the advice and conseu, of the egiAiiye coan- ri tai nj Led for; and h the first instance the govens alone may appoint all said officers, who shall hollheir offices GDl the second session of the lesisait assembly.
 Sec. 8. And be it further anaeted, At no mem beF of the legislative assembly shall hJd or be ap- p0i..;ed 10 aay office which shall have Een created or the saiaty etBoiaments of S~i,.~& ss-tt L-- been increased while he vas a membT, duTIng the term for which he elected, and 10 year af- ter the expiration ot sucb term; ani no peson holding a commission or appointment under the United States except postinssters, shiil be mem Der oi the legislative assembly, slaIi hold any office under the government o: said territory.
 Sec. 9. And be t further enacted, That the jad- cial power of said territory shall be vested ih the supreme court, district courts, pfobse courts, and in justices of Ike peace. The supreme court snail consist of chief justice and two associate justices, any two of whom shall constitute quorum, and wto shall hold term at the seat of government of sad territory annually, and they sIai huid their
 
 territory shalt be divided into three judicial districts and district court shaii be held Ceh of sad dis iiiets by Of the justices of the supreme court, at such times and places as may b' prescribed by law; and the said judges shall sitG their appoint Inents respectively, reside in the districts which shall be assigned them. The )unsdlctton of the several courts herein provided for, both appellate and original, and that of the prooate courts and justices of the peace, shall be limited by law: Proeiied, That the justices of the peace sisE not have jurisdiction Of any matter h cou'royerssY when the title or boundaries ot lad may be in dis pnte or where the debt or sun claimed shaii ex- ceed one hundred dollars; and the said supreme aud district courts respectively, sAa possess chan reTy as we'll as common law jurisdiction. Each district court or the udge there shall appoint its clerk who shall also be the register in ebancery, And shai keep his office at the place where the court may be held. Wriis cf error, bills of exception and appeals, shall be allowed Tn all cases oL the final decisions of sad district courts 10 ihe supreme rourt under such regulations as may be prescribed by law, but in removed 10 the supreme court .haIl trial by iary be allowed Tn said court. The supreme court or the justices thereof, shall appoint its own clerk. and every clerk shali hold his office at the pleasure of the court for which he has been appointed. Mris Of error and appeals frc.n the final decisions of said supreme court shall be allowed and may be taken to the supreme eonrt of the Ua- led States, in the same manner and under the same regulations as fio5n te circuit couTis oi ue United where the value oi the property or the amount in controversy, to be asceIt4ined by the path or affirmation ot either party. or other eomps tent witnesses, shall exceed one thousand dollars; and each of the sad district courts shall have and exercise the same jurisdiction, in all arising lnder the constitution and laws of the United ates, IS is vested in the circuit and dist courts of the
 oiied States; and the first six days of every term ,f said courts, or go much thereof as shall be .essary, shall be appropriated 10 the Ial oi causes ,rising under the said constitution and laws; and xrs of error and appeal in all such cases shall be made 10 the supreme court of said territory, the ame as in other cases The said clerk shall receive n all such cases the same fees which the clerks oi he district courts of the late Wisconsin Territory received for similar services.
 Sec. 10. And be it further enacted, That there hali be appointed an attorney for said territory. who shall continue m office for four years, unless ooner removed by the President, who shall receive he same fees and salary the attorney ct the Uni ed States for the late territory of Wisconsin re- .eved. There shall also be a marshal for the ieT- itory appointed, who shall hold his ohce for four feArs unless sooner removed by ther Pesident, and sho shall execute all processes issuing from the