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


erty of non-residents 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
before il become law, be presented to the Gov
ernor of the Territory; ii he approve, he shall
sign it; but If not he shall return it with his OBJ
jections to the House in which il originated, who
shall enter the objections at large on their jour
nal, and proceed TO reconsider It, II, after such
reconsideration, two-thirds of that House shall
agree to pass the bill, it shall be sent together
with the objections, to the other House, by which
it shall likewise be reconsidered, and if approved
by two-thirds of that House, it shall become a
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. respect
lively. If any bill shall not be returned by the
Governor within three days Sundays excepted)
after 1t 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, pre-
vent its return in which case it shall not be law
SIC. 20. 1nd Jea further enacted, That all town
ship, district, and county officers, not herein 9TH
erwise provided for shall be appointed or elected,
as the case may be, in such manner as shall be
provided by the Governor and Legislative Assem-
bly, of the Territory of Kansas. 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 necessary dis
tricts for members of the Council and House of
Representatives, and all other officers.
SEC. 20. And be ii further enacted That no mem
Der of the Legislative Assembly shall hold, or be
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 postmasters,
shall be a member of the Legislative Assembly
or shall hold any office under the Government of
said Territory
SEC. 81. And be az further enacted, That the ju-
dicial power of said Territory shall be vested in
a Supreme Court, District Courts Probate Courts,
and in Justices Of the reace. The Supreme
Court shall consist of Chief Justice and two
Associate Justices, any two of whom shall con-
stitute quorum, and who shall hold term at
the seat of Government of said Territory annu-
ally; and they shall hold their offices during the
period of four years, and until their successors
shall be appointed and qualified. The said Ter
ritory shall be divided 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 pre-
scribed by law; and the said Judges shall after
their appointments respectively, reside in the
districts which shall be assigned them. The ju-
risdiction 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 Procidcd, That Justices of
the Peace shall not have jurisdiction of any mat
ter 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 Supreme and District Courts respect
lively, shall possess chancery as well as 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. Writs of error, bills of exception, and APP
peals shall be allowed in all cases from the final
decisions of said District Courts to the Supreme
Court, under such regulations as may be pre-
scribed 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 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 appeals from the final deci-
sions 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 value Of the prop
erty, or the amount in controversy to be ascer-
tanned by the oath or affirmation Of either party
or other competent witness, shall exceed one
thousand dollars; except only that in all cases
involving title TO slaves, the said wrts of error
or 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 writ Of error or appeal
shall also be allowed to the Supreme Court of the
United States, from the decision of the said SUI
preme Court created by this act, or 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 person.
al freedoms ProUided That nothing herein con-
tanned shall be construed to apply to or affect the
provisions Of the "act respecting fugitves from
justice, and persons escaping from the service of
their masters approved February twelfth seven
teen hundred and ninety-three, and the " act to
amend and supplementary to the aforesaid act
approved September eighteenth, eighteen hundred
and fifty; and each of the said District Courts
shall have and exercise the same jurisdiction in
all cases arising under the Constitution and laws
Of the United States as is vested in the Circuit
and District Courts Of the United States and the
said Supreme and District Courts Of the said Ter
ritory, 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 Columbia
and the first six days of every term Of said courts,
or so much thereof rs shall be necessary, shall
be appropriated to the trial of causes arising
der 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 re-
ceive for similar services.
SEc. %. And be Il Further enacted, That the pro-
visions Of the act entitled An act respecting flu
gitives from justice, and persons escaping from
the service OF their masters" approved February
twelfth, seventeen hundred and ninety-thrce, and
the provisions Of the act entitled An act to
amend and supplementary to the aforesaid act