The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-09-11

SECTION 8. and BE- It further Enacted. That every
free white nle !nhabtant above the age OF twenty.
one years, WIZ shall have been resident Of said
Territory at ee time OF the passage OF this act,
shall be entittd to vote at the hrst election and
shall be eligible TO any oce within the said Terri
tory but the qualifications OF voters and OF holding
office, at all subsequent elections, shall be such
shall be presdbed by the legislative assembly :
Provided That the right of suffrage and of holding
Office shall be exercised only by citizens of the
United States including those recognised as cit
zens by the Treaty with the Republic OF Mexico,
} concluded February second, eighteen hundred and
forty eight.
sEcroN 6. And be il further enacted, That the
Legislative power of said Territory shall extend to
all rightfu subjects of legislation, consistent with
the Constitution OF the United States and the pro-
visions OF this act; but law shall be passed in
tcrfcring with he primary disposal of the soil;
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 other
property of residents All the laws passed by the
Legislative Assembly andGovernor shall be submit
ted to the Congress of the United States, and If dis
approved shall be null and of no effect.
SECTION Z. And be IL further enacted That all
t township, district, and 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 Assembly
of the Territory of Utah. The Governor shall
nominate, and, by and with the advice and consent
OF the Legislative Council, appoint all officers not
herein otherwise provided for; and in the first in
stance the Governor alone may appoint all said Off
GERS who shall hold their offices until the end of the
fret session Of the Legislative Assembly, and shall
lay of the necessary districts for members of the
Council and House Of Representatives and all other
Offices,
SECTION s. Ani be ii 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 emoluments of which shall
have been increased, while he member, dur
ing the term for which he was elected, and for
year after the expiration of such term; and no per-
| sol holding a
the United States, except postmasers, shall be
member of the Legislative assembly, shall hold
any Office under the government of said Terri
tory.
SECTION 9. lind be IL further enacted That the ju-
dicial power said territory shall be vested in Su-
preme Court, District Courts, Probate Courts, and
In Justices of tie Peace. The supreme court shall
consist OF CHEZ Justice and associate justices,
any two Of whom shall constitute a quorum, and
who shall hold ;erm 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 tie divided into three judicial dis
trcts and district court shall be held in each of
said districts by of the justices of the supreme
court, at such time and place may be prescribed
by law; and the said judges shall after their APP
pointments, respectively, reside in the districts
which shall be assigned them. The jurisdiction of
the several courts herein provided for, both appel
late and original, and that of the probate courts
and of justices of the peace, shall be as limited by
law: PROVIDED That justices of the peace shall not
have jurisdiction in any matter in controversy
when the title or boundaries of land may be in dis
pute, or where the debt sum claimed shall cx-
coed one hundred dollars; and the said supreme and
district courts, respectively, shall possess chancery
well as common law jurisdiction. Each district
court, the judge thereof, shall appoint its clerk
who shall also beth register in chancery, and shall
keep his office at the place where the court may be
held Writs Of error, bills of exception and APP
peals, shall be allowed in all cases from the final
decisions of sid district courts to the supreme
court, under such regulations may be prescribed
by law; but in no removed to the supreme
court shall t-ia by jury be allowed in said court.
The supreme court, or the justices thereof shall APP
point it's own clerk, and every clerk shall hold his
office at the pleasure of the court for which he shall
have been appointed. Wrts of and appeals
from the final decisions of said supreme court shall
be allowed and may be taken to the Supreme
Court of the United States i'll the same manner and
under the same regulations from the circuit
courts OF the United States, where the value of the
property or the amount in controversy, to be ascer
tanned by the oath or affirmation of either party
other competent witness shall exceed one thousand
dollars; except only that, in all cases involving
title TO slaves, the said writs of error appeals
shall be allowed and decided by the said supreme
court, without regard TO the value of the matter
property or title in controversy; and except also
that IA writ OF error OF appeal shall also be allowed
to the Supreme Court of the United States from the
dec sions 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 habeas corpus involving the question Of
personal freedom; and each of the said district
courts shall have and exercise the Jurisdiction
in all cases arising under the Constitution and laws
OF the United States vested in aud dis
courts OF the United States and the sad supreme
and district courts oithe said territory, and the
spectye judges thereof, shall aud may grant writs
ot habeas corpus in all cases in which the are
grantable by the judges of the United States in the
District of Columbia; and the first six days OF every
term OF said courts, or so much thereof as shall be
necessary shall be appropriate 10 the trial of causes
arising under the said Constitution and laws; and
wrts Of error and appeal in all such Cascs shall be
made to the supreme court of said Territory, the
in other cases. The said clerk shall receive
in all such cases the same fees which the clerks of
the district courts Of Oregon Territory now receive
for similar services.
SECTION 10. 1nd be IL further enacted, That there
shall he appointed an attorney for said Territory,
who shall continue in office Tor four years. unless
sooner removed by the President, and who shall
receive the fame fees and salary the attorney Of
the United States for the present Territory Of Ore
gon. There shall also be marshal for the Terri
tory appointed, who shall hold his office for four
years, unless sooner removed by the President and
who shall execute all processes Issuing from the
said courts, when exercising their jurisdiction "a
circuit and district courts of the United States; he
shall perform the duties. be subject 10 the same
regulation and penalties, and bc entitled to the
fees the marshal Of the district court of the
United States for the present Territory of Oregon;
and shall, in addition, be paid two hundred dollars
annually a compensation for extra services
SECTION II. Ind be IL further enacted, That the
governor, secretary chief justice and associate jus
tees attorney, and marshal, shall be nominated
and, by and with the advice and consent of the
States The governor and secretary 10 be appoint
cd a aforesaid shall, before they act such,
spcctively, take oath or affirmation before the
district Judge. some justice Of the peace in the
limits Of said Territory, duly authorized to admin
lister oaths and af1irmations by the laws in
force therein or before the chief justice or some
sociate justice Of the Supreme Court of the United
States, 20 support the Constitution Of the United
States, and faithfully to discharge the duties Of
their respective Office; which said oaths, when
taken, shall be certified by the person by whom
the same shall have been taken, and such certit
cates shall be received and recorded by the said
secretary among the executive proceedings; and
the chief justice and associate Justices, and all
other civil officers in said Territory, before they
act az SUCH shall take n Ike oath or affirmation,
before the said governor secretary or some Judge
or justice Of the peace OF the Territory, who ma y
be duly commissioned and qualified, which said
oath affirmation shall be certified and trans
united, by the person taking the same, to the
secretary, to be by him recorded "a aforesaid;
aud afterwards, the like oath or affirmation
shall be taken certified, and recorded, in such
4 manner and form as may be prescribed by
law The Governor shall receive an annual
salary Of fifteen hundred dollars as Governor, and
) one thousand dollars NJ Superintendent of Indian
Affairs. The Chief Justice and Associate Justices
/ hal lgar of