Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-07-25

the CONSTITUTION OF the United States and the
provisions Of this act 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 States; nor shall the lands or other prop
erty OF non-resdents be taxed higher than the
lands or other property of residents. Every bill
which shall have passed the Council and House
of Representatives of the said Territory shall, be-
fore it become a law be presented to the Governor
of the Territory; if he approve, he shall sign It
but if not, he shall return 1t with his objections
to the House in which it originated, who shall
enter the objections at large their journal and
proceed to reconsider it. If after such reconsid-
Grafton, two-thirds of that House shall agree to
pass the bill, 1t shall be sent together with the
objections, to the other House, by which 1t shall
likewise be reconsidered, and if approved by two
thirds of that House, it shall become q law. But
in all such cases the votes of both Houses shall be
determined by yeas and nays, to be entered on
the journal of each House, respectively. If any
bill shall not be returned by the Governor within
three days Sundays excepted) after it shall have
been presented to him. the same shall be law,
in like manner as if he had signed it, unless the
Assembly, by adjournment, prevent its return, in
which case it shall not be a law.
SEC Z. 4nd be xfurther enacted, That all town
ship, district, and county officers, not herein
otherwise provided for, shall be appointed or
elected, as the case may be- in such manner as
shall be provided by the Governor and Legisla-
tive Assembly of the Territory OF Nebraska. 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 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 ne
cessary districts for members of the Council and
House of Representatives, and all other officers.
SEQ s. -and be ii further enacted, That no mem
Al. I II. 49, -. ll..1I
appointed to, any Office which shall have been
created or the salary or emoluments of which
shall have been increased, while he was a mem
Der, during 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 holding commission or appoint
ment under the United States, except postmas-
tiers, shall be member of the Legislative Assem-
bly,, or shall hold any Office under the Govern
ment Of said Territory.
SEQ o. Ind be ii further enacted That the Judi
cial power of said Territory shall be vested in a
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 hold 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 appoint
ed and qualified. The said Territory shall be di-
vidcd into three judicial districts, and District
Court shall be held in each of said districts by
one of the Justices Of the Supreme Court, at such
times and places as may be prescribed by law
and the said judges shall, after their appoint
ments, respectively reside in the districts which
shall be assigned them. The jurisdiction 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 limited by
law Providcd, That Justices of the Peace shall
not have jurisdiction of any matter in controversy
when the title or boundaries of land may be in
dispute, or where the debt or sum claimed shall
exceed one hundred dollars and the said SUI
preme and District Courts respectively, shall pos
sess chancery as well rs common law jurisdiction.
Each District Court, or the judge thereof shall
appoint its clerk, who shall also be the register
in chancery, and shall keep his Office at the place
where the court may be held. Wrts of error,
bills of exception, and appeals, shall be allowed
in all cases from the final decisions of said Dis
trict Courts TO the Supreme Court, under such
regulations as 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 the justices thereof, shall appoint its
own 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 APP
peals from the final decisions of said Supreme
Court, shall be allowed, and may be 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 United States where the
valuc Of the property, or the amount in contro-
versy, TO be ascertained by the oath or anirma-
ton of either party, or other competent witness,
shall exceed one thousand dollars; except only
that in all cases involving title to slaves, the said
writs Of error or appeals shall be allowed and de-
cided by the said Supreme Court, without regard
TO the value of the matter, property, or title in
controversy; and except also that writ Of error
or appeal shall also be allowed to the Supreme
Court of the United States, from the decision Of
the said Supreme Court created by this act or Of
any Judge thereof or 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: Provided That nothing herein
contained shall be construed to apply to or affect
the provisions Of the act respecting fugtives
from justice, and persons escaping from the ser
vice of their masters" approved February twelfth,
seventeen hundred and ninety-three, and the
act 10 amend and supplementary 10 the afore-
said act,n approved September eighteen, eighteen
hundred and fifty and each Of the said District
Courts shall have and exercise the same jurisdc-
ton, in all cases arising under the Constitution
and laws of the United States, rs is vested in the
Circuit and 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 habeas corpus in
all cases in which the same are granted by the
judges Of the United States in the District Of Co
lumbia; and the first six days Of every term of
said courts, or so much thereof as shall be neccs-
sary shall be appropriated to the trial of causes
arising under the said Constitution and laws, and
writs 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 Utah Territory
now receive for similar service.
SIC. 10. Ind be IL further enacted, That the
provisions Of an act entitled "An act respecting
fugitives from justice and persons escaping from
the service of their masters approved February