The southern press., 1850-10-02

the United States. The governor shall reside
within said Territory, shall be commander-in-
chief Of the militia thereof shall perform the
duties and receive the emoluments Of superin-
tendent of Indian affairs. and shall approve all
laws passed by the Legislative ASSEMBLY before
they shall take eiiect; lac may grant pardons for
offences against the Saws Of said Territory and
repreves for offences against the laws Of the
United States until the decision OF the President
can be made known thereon he shall commits
sion all officers who shall be appointed to Office
under the laws of the said Territory, aud shall
take care that the laws be faithfully executed
SEC. 90 fad beit further enacted, That there
shall be secretary Of said territory, who shall re-
side therein, and hold his Office for four years. un-
less sooner removed by the President Of The United
States; he shall record and preserve all the laws
and proceedings Of the legislative assembly here
inafier constituted, and all the acts and proceed
ings Of the governor in his executive department;
he shall transmit one copy Of the laws and one
1 copy Of the executive proceedings, on or before
the FIRST day in December in each year, TO be Pres
ident Of the United States, and ut the same tinie
two copies OF the laws to the Speaker Of the
House of Representatives, and the President of
the Senate, for the use Of Congress And in the
case Of the death, removal, resignation, or other
necessary absence Of the governor from the terri
tory, the secretary shall have, and he is hereby
authorized and required to execute and PERFORM.
all the powers and duties Of the governor during
!
er governor shall be duly appointed to fill such
vacancy
SEC. 81 .qnd be ii further enacted, That the
Legislative power and authority OF said Territory
shall be vested in the governor and iegislativ
assembly. The legislative assembly shall consis
! Of council and house OF representatives. The
council shall consist Of thirteen members, having
the qualifications of voters as hereinafter prescrb-
ed, whose term of service shall continue two
years The house Of representatives shall consist
Of twenty-sx members, possessing the same
qualifications as prescribed for. members Of the
council, and whose term of service shall continue
one wear. An apportionment shall be made, us
nearly equal as practicable, among the several
counties districts, for the election Of the council
and house Of representatives, giving to each sec
ton of the Territory representation in the ratio of
its population, Indians excepted, as nearly as
may be. And the members of the council and
the house Of representatives shall reside in, and
be inhabitants Of, the district for which they may
be elected respectively. Previous the first elec-
ton the governor shall cause or enumer-
alton of the inhabitants Of the several counties
and districts of the Territory be taken and the
first election shall be held at 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 number of members of the
council and house of representatives to which
each of the counties districts shall be entitled
under this act. The number of persons author
ized to be elected having the highest number of
|
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
| highest number of votes for the house of repre-
sentatives, equal to the number TO which each
county or district shall be declared by the COVER
nor to beSduly elected members Of the house Of
4 representatives: Prorided, That in case Of a tie
between two or more persons voted for, the gov
ernor shall order election to supply the va
cancy made by such a tie. And the persons thus
elected to the legislative assembly shall meet at
such place, and on such day, as the governor shall
appoint; but thereafter, the time, place, and man
ner of holding and conducting all elections by the
people, and the apportioniDg the representation in
the several counties or districts to the council and
house ofrepresentatves according to populations
shall be prescribed by law, as well as the day of
the commencement of the regular sessions Of the
legislative assembly: Provided, That no one ses-
sion shall exceed the term Of forty days.
| SEC. %. find be it further enacted, That every
free white male inhabitant above the age oftwenty-
one years, who shall have been resident Of said
territory at the time of the passage OF this act
shall be entitled to vote at the first election, and
shall be eligible to any Office within the said terri
tory; but the qualifications ofvoters and of hold
ing Office at all subsequent elections shall be such
as shall be prescribed by the legislative assembly:
Prorided, That the right of suffrage and of holding
| Office shall be exercised only by citizens of the
United States, including those recognized as citi-
zens by the treaty with the Republic Of Mexico,
| CohCiuueu reDIudry seCOnu, eighteen nunureQ ana
| forty eight. 9e .F
| Sec, %. .qndbe further enacted That the egis-
| lative power of said territory shall extend to all
| rghtfu subjects Of legislation, consistent with the
Constitution of the United States and the provi-
sions Of this act but no law shall be passed inter
fering with the primary disposal of the soil, no
tax shall be imposed upon the property Of the Uni
ted States shall the lands or other property of
non-residents be taxed higher than the lands or
| other property of residents. All the laws passed
| tl,aI ii
submitted to the Congress Of the United States,
and if disapproved shall be null and of no effect.
Sec. "a find be it further enacted, That all town
ship, district, and county officers herein other
wise provided for, shall be appointed or elected,
| as the case may be, in such manner as shall be
provided by the governor and Legislative assembly
OF the territory of Utah. The governor shall no
inmate, and by and with the consent Of the legis-
lative council, appoint all officers not herein other
wise provided for; and 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 assembly, and shall lay
off the necessary districts for members Of the
council and house of representatives, and all other
officers. sgl
SEC. 25. .4nd be it further enacted, That mem
ber of the legislative assembly shall hold or be
appointed to, any Office which shall have been
| created, or the salary or emo!uments Of which
shall have been increased while he was a member,
during the term for which he was elected, end for
one year after the expiration of such term; and
no person holding commission appointment
under the United States except postmasters shall
be member of the Legislative assembly, or shall
hold any Office under the government Of said ter
rltory.
SEC. &c. find be IT, further enacted, That the iu-
dcial power of said terrtory 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 justi-
ces, any two of whom shall constitute quorum,
and shall hold 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 dis
tricts and district court shall be held in each of
said districts by ofthe justices of the supreme
court at such time and place as may be prescribed
by law; and the said judges SHALL after their APP
po'ntments, respectively, reside in the districts