The southern press., 1850-10-02

by this act, or Of any judge thereof or OF the dis
irct courts created by this act or Of any Judge
thereof. upon any writ Of ksbess coyyas involving
the question OF personal freedom aud each Of the
said district courts shall have aud exercise the
same Jurisdiction in all cases arising under the
Constitution and laws Of the United States as is
vested IN the circuit aud district courts Of the
United States and the said Supreme and district
courts Of the said territory, and the respective
judges thereof, shall and may grant writs OF hab.
corpus in all cases in which the same are grant
able by the judges of the United States I'm the Dis
trict of Columbia; and the first six days of every
term Of said courts, or much thereof as shall
be necessary, shall be appropriated the trial of
causes arising under the said constitution and laws
and wrts of error and appeal in all such cases shall
be made to The Supreme Court Of said territory
the same as 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 't
SEC. ~. find be 1t further enacted, That there
shall be appointed an attorney for said territory,
who shall continue In Office for four years, unless
sooner removed by the President, ind who shall
receive the same 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
circuit and district courts of the United States
he shall perform the duties, be subject the same
regulation and penalties, and be entitled to the
same fees the marshal Of the district court Of
the United States for the present Territory of Ore
gon; and shall, in addition, be paid two hundred
dollars annually as a compensation for extra SER
vices. &0H
SEC. %. .aad be il further enacted, That the
governor, secretary, chief justice, and associate
justice, attorney and marshal, shall be nominated
and, by and with the advice and consent of the
Senateeappointed by the President of the United
States. The governor and secretary to be ap-
pointed as aforesaid shall, before they act as such
respectively, take an oath affirmation, before
the district Judge. some justice Of the peace in
the limits of said Territory duly authorized to ad
minister oaths and a6irmations by the laws now
IN force therein, or before the chief Justice or
some associate justice Of the Supreme Court Of
the United States, to support the Cons tuition of
the United States, and faithfully to discharge the
duties of their respective Offices which said oaths
when so taken, shall be certified by the person by
whom the same shall have been taken, and such
certificates 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 as such, shall take like oath or affirmation,
Judge justice Of the peace of the Territory, who
may be duly commissioned and qualified, which
said oath affirmation shall be certified and trans
mitted, by the person taking the same, to the
secretary, to be by him recorded as aforesaid ;and
afterwards the Ike oath or affirmation shall be
taken, certified, and recorded, in such manner and
form as may be prescribed by law. The governor
shall receive annual salary Of fifteen hundred
dollars governor, and one thousand dollars as
superintendent Of Indian affairs. The chief JUS
tice and associate justices shall each receive an
annual salary of eighteen hundred dollars. The
said salaries shall be paid quarter-yearly, at the
treasury OF the United States. The members of
the legislative assembly shall be entitled to re-
ceive three dollars each per day during their at
tendance at the sessions thereof, and three dollars
each for twenty miles travel in going to and re-
turning from the said sessions, estimated accord
ing to the nearest usually travelled route There
shall be appropriated annually the sum of one
thousand dollars, to be expended by the governor
to defray the contingent expenses of the territory.
There shall be appropriated, annually suf-
cient sum, to he expended by the secretary Of the
territory, and upon an estimate to be made by the
Secretary of the Treasury Of the United States to
defray the expenses Of the Legislative assembly,
the printing Of the laws, and other incidental ex-
penses; and the secretary of the Territory shal
annually account to the Secretary of the Treasury
of the United States for the manner in which the
aforesaid sum shall have been expended
Sec. 90. find be it further enacted, That the le-
gslative assembly of the Territory of Utah shall
hold its first session al such time and place in said
Territory the northereof shall appoint and
direct, and at said first session, or there
after they shall deem expedent, the governor
and legislative assembly shall proceed to locate
and establish the seat OF government for said Ter
ritory, at such place as they may deem eligible;
which place, however, shall thereafter be subject
to be changed by the said governor and legislative
assembly.
Sec. 80. find be it further enacted, That dele
gate to the House Of Representatives of the United
States, to serve during each Congress Of the |
United States, may be elected by the voters quail
fed to elect members Of the Legislative assembly,
who shall be entitled to the rights and privi-
leges as exercised and enjoyed by the dele
gates from the several other Territories Of the |
United States to the said House Of Representa-
tves. The first election shall be held at such
time and places, and be conducted in such manner,
as the governor shall appoint direct and at all |
subsequent elections, the times, places, and man.
ner ofhoding the elections shall be prescribed by
law. The person having the greatest number of
votes shall be declared by the governor to be duly
cordingly: Prorided, That said delegate shall re-
ceive no higher sum for mileage than is allowed
to the delegate from Oregon.
SEC. 81. .4ni be it Further enacted, That when |
the lands i'm the said Territory shall be surveyed |
under the direction of the Government of the
United States, preparatory to bringing the same
into market, sections numbered sixteen and thirty
six in each township in said Territory shall be,
and same hereby reserved for the purpose Of
being applied to schools in said Territory, and in
the States and Territories hereafter to be erected
out of the same.
SEC. 80. find be it further enacted, That tempo
rarily, and until otherwise provided by law, the
governor Of said Territory may define the judicial
districts Of said Territory, and assign the Judges
who may be appointed for said Territory to the
several districts, and also appoint the times and |
places for holding courts in the several counties or
subdivisions in each of said judicial districts, by
proclamation to be issued by him; but the legisla
tive assembly, at their first or any subsequent SEES
sion, may organize, alter, or modify such judicial
districts, and assign the judges, and alter the
times and places of holding the courts, to them
shall seem proper and convenient.
SEC. 80. .4nd be it further enacted, That the
Constitution and laws of the United States are
hereby extended over and declared to be in force
in SAID Territory of Utah, so far as the same, or
any provision thereof, may be applicable.
The question, .Sha the bill and amendments
be laid upon the tabei was taken, and resulted =
yeas 80, nays 169, as follow:
YrAs-Messrs. Allen, Baker, Bennett, Booth,