The national Republican., 1861-07-13

by law, as well as the day OF the commence |
ment Of the regular sessions Of the Legislative
assembly ProUidcd, That no one session shall
exceed the term Of forty days, except the first,
which may be extended to sixty days, but no
longer. ..l
Sec. s. And be Il. further enacted, That every
free white male inhnbitant of the United States
above the age Of twenty-one years, who shall
have been q resident Of said Territory at the
time Of the passage Of this act, shall be entitled
to vote at the first election, and shall be eli
gible TO any Office within the, said Territory;
but the qualifications Of voters and Of holding
office at ell subsequent elections shall be such
as shall be prescribed by the Legislative assem-.
bly,: ProUidsd, That the right Of suffrage and
Of holding Office shall be exercised only by citi-
zens Of the United States and those who shall
have declared on oath their intention to be-
come such and shall have taken an oath to
support the Constitution Of the United States.
Sec. 6. And be Il further enacted, That the
legislative power Of the Territory shall extend
to all rightful subjects Of legislation consistent
with 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 property Of non.residents be
Of residents nor shall any law be passed
impairing the rights Of private property; nor
shall any discrimination be made in taxing diff
ferent kinds Of property; but all property sub
ect to taxation shall be in proportion to the
value Of the property taxed.
Sec. 7. And be Il further enacted, That all
township, district, and county officers, not here.
in otherwise provided foS, 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. 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 districts for members Of the council
and house Of representatives, and all other off.
| GERS.
Sec. 8. And be Il further enacted, That no
member Of the legislative assembly shall hold
or be appointed to any Office which shall have
been created, or the salary or emoluments oil
which shall have been increased while he was
q member, during the term for which he was
elected, and for one year after the expiration
Of such term and no person holding com.
mission or appointment under the United
States, except psstmasters, shall be member
Of the legislative assembly, or shall hold any
Office under the government of said Territory.
Sec. 9. And be ii further enacted, That the
judicial power Of said Territory shall be vested
in supreme court, district courts, probate
courts, and in justices Of the peace. The su
preme court shall consist of q chief justice ant
two associate justices, any two of whom shal
constitute quorum, and who shall hold tern
at the seat Of government of said Territor,
annually, and they shall hold their Offices du
ring the period Of four years. The said Terri
tory shall be divided into three judicial dis
tricts, and district court shall be held in eacl
} Of said districts by one of the justices of tn
supreme court, at such time and place as ma
be prescribed by law; and the said Judge
shall, sitter their appointments, respectively, re
, side in the districts which shall be assigne,
, them. The jurisdiction Of the several court
herein provided for, both appellate and orig
nal and that Of the probate courts and of tn
Justices Of the peace, shall be MS limited b.
: law: Popided, That justices of the peace sha
not have jurisdiction Of any matter in contrc
; versy when the title or boundaries of land ma
be in dispute, or where the debt or sum elaine
. shall exceed one hundred dollars; and the sal
: | supreme and district courts, respectively, sha
] possess chancery as well as common-law jurii
J. diction, and authority for redress of all wrong
8 | committed against the Constitution or laws Q
l. the United States, or of the Territory, affsctin
4 persons or property. Each district court, Q
the Judge thereof, shall appoint its clerk, VIII
shall also be the register in chancery, an
shall keep his Office at the place where tn
e court may be held. Writs Of error, bills of e1
: ception, and appeals, shall be allowed in a
e cases from the final decisions of said distric
. courts to the Supreme court, under such reg,
e lations as may be prescribed by law but in u
, case removed to the supreme court shall tri,
e court, or the justices thereof, shall appoint il
b own clerk, and every clerk shall hold his offc
IT at the pleasure Of the court for which he sha
b have been appointed. Writs of error and a.
pesls from the final decisions of said supre n
70 court shall be allowed, and may be taken
J. the Supreme Court of the United States, in th
!. same manner and under the same regulation
Il as from the circuit courts of the United State
y where the value Of the property, or the amour
l. in controversy, to be ascertained by the oat
p or affirmation of either party, or other comp
II tent witness, shall exceed one thousand dc
4. larsj and each Of the said district courts shs
IS have and exercise the same Jurisdiction, in q
y cases arising under the Constitution and Law
e Of the United States as is vested in the circu
e and district courts of the United States an
'e Territory, and the respective judges therec
e shall and may grant writs Of habeas corpus
n all cases in which the same are grantable |
s, the judges Of the United States in the Distri
B. Of Columbia; and the first six days of eve
Is term Of said courts, or so much thereof
a. shall be necessary, shall be appropriated
e. the trial of causes arising under the said Co
Is stitution and laws; and writs Of error and
!, peals in all such cases shall be made to Il
le supreme court Of said Territory the same as
N other cases. The said clerk shall receive,
d all such cases, the same fees which the clerl
e of the district courts of Nebraska Terrific
d now receive for similar services.
IS Sec. 10. And be ii further enacted, That the
e shall be appointed an attorney for said Ter