Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-06-03

turns thereof the Governor shall appoint and direct
and he shall at the time declare the number Of
bers OF the Council and House of Representatives :
which each Of the counties districts shall be entite
under this act The persons having the highest numbe
Of legal in each Of said Council districts for
bers OF the Council shall be declared by the Governor
be duly elected to the Councils and the persons havin
the highest number of legal for the House of Re
representatives. shall be declared by the Governor to b
duly elected members of said House Provided That il
case two persons voted for shall have an eaua
Il number OF votes and in vacancy shall otherws
occur in either branch of the Legislative Assembly tn
Governor shall order election; and the person
thus elected the Legislative Assembly shall meet at suc
place and such day the Governor shall appoints bu
thereafter the time, place, and of holding ane
conducting all elections by the people and the apporton
ing the representation in the several counties or districts
to the Council and House Of Representatives ACCORDING
10 the number of qualified voters shall be prescribed BY
law as well the day of of the regular
sessions Of the Legislative Assembly, Provided That
session any year shall exceed the of forty DAYS
except the first session. which may continue sixty days
Sec 70 And De- further enacted That every free white
male nhabitant above the age of twenyone years. who
shall be actual resident of said Territory and shall
possess the qualifications hereinafter prescribed shall be
entitled to vote at the first election and shall be eligible
to any Office within the said Territory but the quaca-
tons of voters and Of holding Office all subsequent
elections shall be such shall be prescribed by the Le-
gslave Assembly: Popded That the right Of suffrage
and OF holding office shall be exercised only by citizens
of the United States and those who shall have declared
oath their intention become such and shall ha
taken oath to support the Constitution of the United
States and the provisions of this act And provided fur
ter That no officer, soldier seaman or marine or other
person IN the army navy of the United States or at
ached to troops IN the service of the United States shall
be allowed to vote or hold Office in said Territory by rea
son OF being on service therein
sec. - And dea further enacted That the legislative
power OF the Territory shall extend all rhtfu subjects
OF legislation consistent with the Constitution Of the
United States and the provisions of this ac but no law
snail oe passed interfering with the primary disposal of
nn 4 chan ha n
the United States shall the lands or other property
OF be taxed higher than the lands or other
property OF residents Every bill which shall have passed
the Council and House of Representatives ofthe said
rory SHALL before it become law, be presented to the
governor OF the Territory If he approve he shall sign
it, but not he shall return with his objections to the
house in which it originated who shall enter the obec
IONS az on their Journal and proceed reconsider
IT, IL after such reconsideration, o-thirds of that
house shall agree to pass the bill shall be sent oge-
Their with the objections to the other house, by which
snail likewise be reconsdered and if approved by two
thirds OF that house it shall become law but in all
such cases the votes of both houses shall be determined
by yeas and nays to be entered the journal each
house respectively If any bill shall be returned by
the governor within three days Sundays exceped after
it shall have been presented to him. the same shall be
law in like if ne had signed it, unless the AS
sembly BY adjournment, prevent its return in which
case it shall not be law.
Sec. 70. And be further enacted, That all township,
district and county ocers herein otherwise proy-
ded for shall be appointed elected the may be-
in such shall be provided by the Governor and
Legislative Assembly 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 or and in the first in
stance the governor alone may appoint all said officers
who shall hold their Offices until the end of the first
sion Of the Legislative Assembly, and shall lay off the
necessary districts for members of the Council and House
OF Representatives, and all other officers.
Sec. 70 And be ii further enacted That member of
the Legislative Assembly shall hold be appointed to,
any Office which shall have been created the salary
emoluments of which shall have been increased while he
member, during the term for which he was elected
and for year after the expiration of such term but
this restriction shall not be applicable to members Of the
hrst Legislative Assembly; and person holding
mission or appointment under the United States except
postmasters, shall be member of the Legislative Assem-
bly, or shall hold any office under the government of said
Territory.
Sec 81 And be il further enacted, That the judicial
power of said Territory shall be vested in supreme
court district courts probate courts and in justices
OF the The supreme court shall consist of chief
justice and two associate Justices Of whom shall
constitute quorum, and who shall hold term at the
seat of of said Territory annuay and they
shall hold their Offices during the period of four years.
and until their shall be appointed and quali
fed The said Territory shall be divided into three judi
cal districts and district court shall be held in each Of
said districts by of the justices of the supreme court
at such times and places may be prescribed by law
and the said judges SHALL after their appointments
spectvey reside in the districts which shall be assigned
them The jurisdiction Of the several herein pro-
vded for, both appellate and original and that of the
probate courts and of justices Of the peace shall be
limited by law Provided That justices of the peace shall
not have jurisdiction of any matter in controversy when
the title boundaries of land may be in dispute where
the debt claimed shall exceed hundred dol
lars and the said supreme and district courts respec
lively shall possess chancery vel, law jurs
dction Each district court the Judge thereof shall
appoint its clerk who shall also be the register in chan
cery and shall keep his Office OF the place where the
court may be held Writs of error bills of exception,
and appeals shall be allowed in all from the final
decisions OF said district courts to the supreme court
under such regulations may be prescribed by laws but
in removed to the supreme court shall trial by
jury be allowed in said court The supreme court the
justices thereof shall appoint its clerk and every
clerk shall hold his Office at the pleasure of the court for
which he shal 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 in the and under the
regulations from the circuit Of the United
States where the value Of the property the amount in
controversy to be ascertaned by the oath affirmation
Of either party other competent Witness shall exceed
thousand dollars except only that in all in
voyng title to slaves the said writs Of appeals
shall be allowed and decided by the said supreme court
without regard to the value of the matter property
title in controversy and except also that writ Of
appeal shall also be allowed the Supreme Court Of
the United States from the decision Of the said supreme
created by this act of any Judge thereof of
thereof upon any writ Of habeas corpus involving the
question of personal freedom: Popidsd That nothing
herein contained shall be construed to apply affect
the provisions of the act respecting fugitves from JUS
tice and escaping from the service Of their
approved February twelfth seventeen hundred and
ninety three and the act to amend and supplementary
the aforesaid act approved September eighteenth,
L,,,I - x1xn