The republic. [volume] (Washington [D.C.]) 1849-1853, 1853-03-04

That the whole number shall never exceed thirty
An superintendent shall be made. as nearly equa
as practicable, among the several counties or dis
tricts for the election of the council and represent
atves giving to each section of the Territory rep
resentation in the ratio Of its qualified voters
as nearly as may be. And the members Q
the Council and Of the House of Representative
shall reside in, and be inhabtants of, The dstric
or county or counties, for which they may be elect
ed respectively. Previous to the first election The
Governor snail cause a census or enumeration Of
the Inhabitants and qualified voters of the severa
counties and districts OF the Territory to be taken
by such persons and in such mode as the Gov.
ernor shall designate and appoint; and the per-
sossa 60 asspcinted shall receive reasonable com
pensation therefor And the first election shall be
held at such time and places, and be conducted in
such manner both as to the persons who shall su
perintend such election and the returns thereof
the Governor shall appoint and direct; aud he
shall at the same time declare the number of mem.
bers of the Council and House Of Representatives
to which each of the counties districts shall be
entitled under this act and the Governor SHALL by
bis proclamation, give at least sixty days previous
places, and manner of holding such election. The
persons having the highest number of legal votes
in each of said Council districts for members of
the Council shall be declared by the Governor to
be duly elected to the Council, and the persons
having the highest number of legal votes for the
House of Representatives shall be declared by the
Governor to be duly elected members of said
House Provided, That in case two more per
and in case vacancy shall otherwise occur in
either branch of the Legislative Assembly, the Gov
ernor shall order new election; and the persons
thus elected to the Legislative Assembly shall
meet at such place and on such day within ninety
days after such elections the Governor shall
appoint. But thereafter the time, place, and man.
ner of holding and conducting all elections by the
people, and the apportoning the representation in
the several counties districts to the Cohncil and
House of Representatives, according to the num-
Der of qualified voters shall be prescribed by law,
as well as the day of the commencement of the
regular session of the Legislative Assembly: Pro-
Dided, That no eession in any one year sball ex-
coed the term of sixty days, except the first ses-
sion, which shall not exceed one hundred days.
Sec. S. And be 1t further enacted, That every
white male inhabitant above the age OF twenty one
rtory at the time of the passage of this act, and
shall possess the qualifications hereinafter pre-
scribed, shall be entitled to vote at the first cleo
ton, and shall be eligible to any Office within the
said Territory; but the qualifications of voters and
of holding Office at all subsequent elections shall
be such as shall be prescribed by the Legislative
Assembly: Provided, That the right of suffrage
and OF holding Office shall be exercised only by
citizens of the United States above the age of
twenty one years, and those above that age who
shaIl have declared on oath their intention to be-
come such, and shall have taken oath to sup
port the Constitution of the United States and the
provisions of this act: And proUided further, That
no officer, soldier, seaman, mariner or other per-
son in the army navy of the United States, or
attached to troops in the service OF the United
States, shall be allowed to vote in said Territory,
by reason of being on service therein, unless said
Territory ia, and has been for the period of six
months, his permanent domici Provided further,
That no person belonging to the army or navy of
the United States shall ever be elected to or hold
any civil Office or appointment in said Territory.
SEC. 6. Aad be 1t further enacted That the legis-
latiye power of the Territory shall extend to all
rightful subjects of legislation not inconsistent
with the Constitution and laws of the United States.
But no law shall be passed interfering WIKI the
primary disposal of the soil; tax shall be i'm
posed upon the property of the United States; nor
shall the lands or other property Of non residents
be taxed higher than the lands or other property
of residents. All the laws passed by the Legisia
tive Assembly shall be submitted to the Congress of
the United States, and, if disapproved, shall be
null and of no effect: Provided, That nothing in
this act shall be construed to give power to incor
porate bank orany institution with banking pow
ers, or to borrow money in the name Of the Ter.
came for any loan whatever, directly indirectly.
No charter granting any privileges of making,
issuing, or putting into circulation any notes or
bills in the likeness of bank notes, any bonds,
scrip, drafts, bills of exchange, obligations, or
granting any other banking powers or privileges,
shall be passed by the Legislative Assembly; nor
shall the establishment of any branch agency of
any such corporation, derived from other autho-
rity, be allowed in said Territory; nor shall said
Legislative Assembly authorize the issue of any
obligation, scrip or evidence of debt, by said Ter
ritory, in any mode or manner whatever, except
certificates for service to said Territory And all
such laws, or any law or laws Inconsistent with |
the provisions of this act shall be utterly null and
void. And all taxes shall be equal and uniform;
and no distinctions shall be made in the assess.
nents between different kinds of property, but the
assessments shall be according to thevaue thereof
To avoid improper influences, which may result |
from intermixing in one and the same act such /
things as have no proper relation to each other,
every law shall embrace but one object, and that |
aha II he exnresaeH in the title -
Sec. I. And be 1t further enacted, That all town
ship, district and county officers not herein other
wise provided for, shall be appointed elected in
such manner shall be provided by the Legisia-
tive Assembly Of the Territory of Washington.
SEC. s. And be 1t further enacted, That no mem
Der of the Legislative Assembly shall hold or be
appointed to any office which shall have been
ated, or the salary or emoluments of which shall
have been increased while he was member, dur
ing the term for which he was elected and for one
year after the expiration of such term; but this
restriction shall not be applicable to members of
the first Legislative Assembly; and no person hold
ing a commission or appointment under the Uni |
ted States shall be member OF the Legislative
Assembly, or shall hold any office under the gov |
Of said Territory
SEC g. And be it further enacted, That the judicial
power of said Territory shall be vested in su |
preme 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 quorum, and
who shall hold q term at the seat OF government OF
said Territory annually, and they shall hold their
offices during the period of four years, and until
their successors shall be appointed and quahned.
The said Territory shall be divided into three 1uoi
cia Districts and district court snail De neio IN
each of said districts by one Of the justices OF the
supreme court, at such times and places as may be
by law; and the said judges shall, after
their anpointments respectively reside in the dis.
tri.ta Which shall be assigned them. The jurisdic.
of the several courts herein provided for both
appellate and original, and that of the probate
courts and of justices of the peace, shall be as linn
tied BY law: Provided, That justices of the peace
shall not have jurisdiction of any in which the
title to land shall in any wise come in question, or
where the debt or damages claimed shall exceed
one hundred dollars; and the said supreme and
district courts respectively shall posseas chancery
as we'll as common law jurisdiction. Each dis
trict court, the judge thereof shall appoint its
clerk, who shall alec be the register in chancery,
and shall keep his Office at the place where the
court may be held. Writs of error, bills of ex-
ception and appeals, shall be allowed in all cases
from the final decisions of said district court to the
supreme court under such regulations may be
prescribed by law; but in no case removed to the
supreme court shall trial by jury be allowed in
said court. The supreme court, or the justices
thereof, shall appoint its clerk, and every
clerk shall hold his Office at the pleasure of the
court for which he shall have been appointed.
Writs Of error, and appeals from the final deci
Bions Of said supreme court, shall be allowed, and
may be taken to the Supreme Court of the United
Cfatee in the same manner and uNdar the ma |