Washington telegraph., 1850-10-16

the Constitution d the United States and the
provisions CT this aet 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 Sta'es nef shall the lands or other proper
iy of non residents be taxed higher than the lands
or ether property o. residents All the laws pass
| ed by the Legislative Assembly and Governor
| shall be submitted to he Congress of the United
States, and if dsapproved shall be null and of no
| effect. al = 80
SEC. z. AndI be it further enacted, That all
township, dstrst. aud county officers, not herein
otherwise provided for shall be appointed or elect
| ed, as the case may be, in such manner as shall
be provided by the Governor and Legislative As
sem5ly of the Territory of Utah. The Governor
shall nominate, and, by and with the ADVICE and
consent of the Legislative Council, appoint all
eticers not herein Otherwise PROVIDED roI, aud IN
the first instance the Governor alone may appoint
all said officers, who shall hold their offices until
the end OF the first session Of the Legislative AS
sembly, and shall lay off tie necessary districts for
members of the Council and House of Representa-
tives, and all other Offices.
SEC. 8. And 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 sasry emoluments of which
shall baYe been increased, while be was Gepy
Der, dlriug the term fer which he elected, and
for one year after the expiration such term: and
no person holding commission or appointment
under the United States, except postmasters shall
be member of the Legislative assembly, or shall
hold any Office under the government of said
Territory.
SEC. 8. And be it further enacted, That the
Judicial power Of sand territory shall be- vested in
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 Quo-
rum, and who shall held term at the seat of
government 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 supreme court, al such time and
place may be prescribed by law; and the said
Judges shall after their appointments, respectively,
reside ~ the districts which shall be assigned them.
The jurisdiction OF the several courts herein pro-
vided for, both appellate and original, and that Of
the probate courts and of justices of the peace,
shall be limited by law: PrUided, That justices
OF the peace Shall not have jurisdiction in any
matter in controversy when the title or boundaries
OF land may be IN dispute. or where the debt or
sum claimed shall exceed hundred dollars
and the said supreme AID districts courts, respec-
lively, shall possess chancery well as common
law jurisdiction, Each district court, o. the Judge
thereof, shall appoint its clerk who shall also be
the register in chancery, and shall keep his Office
of error, bills of exception and appeals shall be
allowed in all cases from the final decisions OF said
district courts TO the supreme court, under such
regulations may be prescribed by Iaws but ia
40 case removed to the supreme court shall trial
by jury be allowed in said court The supreme
court, the Justices thereof, shall appoint its
clerk, and every clerk shall bold his office at the
pleasure OF the court for WINCH he sh all haye been
appointed, Wrts Of error and appeals from the
final decisions of said supreme court. shall be- al
loved, and may b. taken to the Supreme Court
Of the United States, in the same manner and
under the same regulations as from the circuit
courts Of the nited States. where the value of the
property the amount in controversy, to be as
certaned by the oath affirmation Of either party
other competent witness. shall exceed one
thousand dellars: except enly that, in all cases
involving title 10 slaves. the said writs OF
appeals shall be allowed and decided by the said
supreme court without regard to the value of the
ma tier. property, or title IN controversy; and ex
cept also, that writ of error or appeal shall also
be allowed to the Supreme Court OF the United
States from the decisions of the said supreme court
created by this act, of any Judge thereof, of
the district courts created by this act, or of any
Judge thereof, upon any writ OF bab' as corpus
involving the quest on cf personal freedom: and
each of ibe said district courts shall have and eX-
srcise the Same Jurisdiction IN all Gases arising
under the Constitution and laws of the United
States Is vested in the circuit and districts
courts o. the United States; and The SAID supreme
and district courts of the SAID territory, and the
respective Judges tiereof, shall and may grant
writs of Labeas corpus in all cases in which the
same are grantable by the Judges Of the United
States in the District Of Columbia; and the first
six Jays OF every term CT said courts, OF SO much
thereof as shall be necessary. shall be appropr-
ited to the trial of arising Under the said
Constitution and laws; and writs Of error and aP-
hill do to tho
supreme court Of said Territory, the in
other cases. The said clerk shall receive in all
such cases the same Gees Whch The CLERKS of ihe
district courts of Oregon Territory now receive for
similar services.
SEC TO- And be ii further enacted. That there
shall be appointed an attorney for said Territory,
sao shall continue in office for four years, unless
soos>r removed by the President, and who shall
receIve,he same fees and salary as the attorney
OF the C>ted States for the present Territory of
oregon i>ere shall also be marshal for The |
Territory appo-,ted, wiIo sis hold his office for /
four years, unless soccer removed by the Presi-
dent, and wlio shall exs-ete ell processes issuing
from the SAID courts, wheSexercising their jurs-
dic;ion as circuit and disrlcec courts of the United
States, he shall perform the Nles, be subject to |
the same regulation and penaltleAS Sand be entitled
to the same fees as the marshaNf the district |
court OF the United States for the pNSent Terri
tory of Oregon; and shall, in addition, paid two
hundred dollars annually as compsnStion for
extra services
SEC H. And be it further enacted, Ih.. the
governor, secretary, chief justice ana assoc,te |
Justices attorney, aud marshal, shall be hofs.
mated and, by and with the advice ana cohsehe
Of the Senate, appointed by the President OF the
United States. The governor and secretary to be
appointed as aforesaid shall, before they DC. as
such, respectively, take an oath or affirmation ..
before the district judge, or some Justce Q. .p0
peace in the limits of said Territory, duly author.
lied to administer oaths and athrmatiohs oy '.is
laws now in force therein, or before Inc ch'oi
Justice or some associate justice oi the supreme
Court Of the United States, TO supper. .nc -
st;,nt;on nc the limited States, apd faithfully to
] 1..--e 4ho;r 1esnectiye Offices;