Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1854-06-05

or enumeration of the Inhabitants aud qualified
voters OF the several counties and districts Of the
Territoryto be aiken by such persons and 10 such
mode asthe GoveIuorshali designate and appoint;
ana The persons so appoinHd shali receive
oecompensnlion therefor. The frst election shall
DE ned al such time and places, and be conducted in
boh as to The persons no shall super
plend such election and tile returns thereof, the
Governor shall appoint and direct; and te shallnt
The sumo time The numbs rof members of HE
council anil house Of representatives TO which each
ofthe counties or dstrctss Il be entitledunherthis
act The persons having the highest number 0flegn
votes in each It said Council districts for mem
bers Of the Council shall be declared by The
Governor 10 be duly elected to the Council;
aud the persons having tie highest number OF
legal votes for the House ofRepTesentaiivess shall
be declared by the Governor to he duly elected
members of said House: Pfopided, That in case
Two OF more persons voted for shall have equa
iiumbsr of votes, aud in vacancy shall 9th
erwise occur in either branch of the Legislative
Assembly. the Govern shall order new cleo
TON; and The persons thus elected 10 the Legisn-
tive Assembly shall mees at such place aud on
such day the Governor shall appoint; but there
after the time, placs, aud manuer OF ho ding and
conducting all eiectious by the people, and the APP
portioning he representation in the several conn-
ties or districts to the Council and House of Rep
resentntives, according TO the number OF qualified
voters, shall be prescribed by law, nsiweiI os the
day Of The commencement of the regular sessions
Oi tue Legislative .AS1tluUlys A1footue0s lH1L no
session my one year shall exceed tile term of
forty DAYS. except the fist session, which may
CONTINUE sixty days.
Skc. g. And Be IL further enacted, That every
free white male inhabiant above the nge of twen.
ty-one years who shall be actuut resident of
said TeIritury and shall possess tue qualifications
hereinafter prescribed, shall be entitled vote
at the frst ection, and shall be eligible 10 INV
office within the SAID Territory; but The qunliica-
lions of voters and OF holding Office at all suisse
quent electors shall be such as shailbe trescri-
bed t,,ihe Legislative Assembly: Prorided, That
the rglil of suiTrage and of hodlng Office shall be
exercised only By citizens of the United States
and those who shall have declared on oath their
Intention to become such, and shall have taken
an oath TO support The Constitution of the United
States and the provisions OF this act: And mr. pie
further, ufiirtr, soldier, seaman, OF ma
rDe, or other other person IN the army navy of
the Uniied States attached to troops in The SER
vice of the United States, shall be allowed TO vote
or hold office in said TeIilory by reason III being
on service therein.
SEC. 6. Astd be II further enacted Th tile le-
gislatiys power OF The Territory shall extend 10
all rghtful subjects OF legislation consistent with
the Constitution Of the United States aud Inc pros
yisIons oil this act; but no law shall be passed in-
teriering with the primary disposal of th= soil; no
Ink shall be imposed upon the property oil the
United States; Eor shall lands or otler property
oil nom residents be taxed CHER than the lands or
other propertyof residents. Each bill whrchshaIl
have passed the Council and House OF Representa-
lives OF said Territory shall. before II becomes a
INV, oe presenter 10 Tie doFefnor cf HE IeIrl-
cIyi IL lie approve he shall sign 1t, but IL not,
he shall return il with hisobiecaoiis totie House
IN witch 1t originated, who shall enier The obiec-
tons OF large on their journal and proceed 10 re-
CONSIDER II II, alter snsh reconsideration, Two
thirds OF that House shall agree pass the bill Il
shall be sent, tcgelherwith the objections 10 The
other House, by which itshaIl likewise be recon
sdrred, aud Il approved by twn-ihirds OF that
Rouse y Shall become law. Butin oil cases lie
votes OF both Houses shall be determined by yeas
and nays 10 be elite.ed on the jouriiai of each
House respectively. II any bill shall not be re-
turned by ths Governor within three days lSun-
da vs. exeep ed1 AFTER IL shall have been presented
TO hln the Same shall be a law ~ like manner rs
u he had signed ii, unless Tie Assembly, by adj
tournament, prevent its return, III winch case ii
shall not be law
SEc. q. And be il farther enacted, That an
township, distinct, county officers not herein
Iptiierwise provided for, shall be appointed or
elected, as the case may he, 10 such nailiier as
shall be piosided by the Governor aud Legislative
Assembl y If the Territory OF Nebraska. The Gov
ernor Stall nonnate. and, by and with lie a1yice
aud consentof The Legislative Council. apnsint
all officers not herein Otherwise protdet fur; and
IN the FIRST instance tile Governor alone may APP
point all said officers. ho shall hold their olces
until the end OF the st session of the Legislative
ssi ad shall lay the neressufy aistrlcts
for members Of the Council aud HOUSE OF Repre-
sentaiiyes and all oiher'o officers
Sxc. s.. Aisdts Il 5luiher enacted, That no mem
be oil lie Legislative Assembly sIeil hoId, or be
arnointel 10, any Office winch shall have been
created OF The salary or emoiumenIs OF which
Shall have been Increased while he ,yes mem,
bef, luiing the term forswhich he WINS eiecteJ.
and for one year aiterthe expirntion OF such term
but thus be applicable To mem.
beTs OF the hrst Legislative Assembly; and no
person holding a commission OF appointment I'M
der tie Unts States, except snail lie
a member OF the Lsgislalis Assembly, or hold
any Office underline Goyern.ent, OF said 'reiritory
sSEc. Y. aisa be u Further enacted, That tiie
dlcal power OF said Territory shall be YES led In a
supreme court. district coutts probate cour s. and
IN Justices OF the pence. The sunrstne court
shall consist OF chef justice aud two associat..
Jusiees az y two OF HON shall cons titute quo
rum and who shall hold termat The seat OF gov
eminent OF SAID Territory annually, and they snail
hold Their Offices DINING The period Of four years
anu nnnl their successor shall be appointed aud
quaiiieds The said shall be diyidednto
thtee judicial districts, and district shall be
held IN each OF said distiicls by one ofthe Justices
oil the snpleme court at such time and paces as
may be prescribed by law !; and Tie said indxt
siail, aItsI their respectively, reside
IN the districts which shall be assigned them. The
Jurisdiction olte several courts here provided for
both appellate and original, aud that Of the pro-
bate courts and of justices of the peace, shall be
llmi.eu ny law: frortded, Tiiat justices of the
peace shall not have jurisdiction oil any matter IN
contIoy efsy when the title or boundaries OF land
ma be IN dispute orr here the debtor sum claim.
ed shall ed one hundred dollars; aud The said
supreme anu urts, respectively, shall
possess chancery ps we'll common law siuris
detion. Each district court, or tiie in lie there
OF, shall appoint us clerk, who shall also be-
the register in cIaneery, and shall keen his
office Of The place where The court may be He'll
Wits Of eupb bills of exception, and appeais
shall be allowed IN cases from the final decisions
of said district courts To the supreme court under
such egulations as may be prescribed by law but
IN no case removed 10 the supreme courl shaiiriai
by jury be allowed IN said court. The supreme
couf or The Justices thereof shall appoint lis
clerk, and every clerk shall hold his office al The
pleasure Of the court for hch he shall have been
appointed WIits Of error and appeals from lie
mai nm decision OF said supreme count shall be
allowed, and may be takento lie Supreme Count
of The United States, inst the same manner afiiuii
der The same lions from tie eiicuit courts
OF the Unted States, where the value Of the prop.
cry OF The amount IN to be ascertain