Smyrna times., 1863-06-25

Journnlent, prevent ltS return III WHICH 0"90 =
it shall not be a law Iroricitd, That whereas f
slavery is prohibited in said Territory by act Of
Congress Of June nineteenth, eighteen hundred $
and .ixty-tw0, nothing herein contained shall c
be construed to authorize OF permit It's exist a
cnce therein. {
Sec I. dnd be 1T further enacted That all I
township, district, and county officers, not I
herein otherwise provided for shall be appoin- {
ted or elected, as the case may be, i'll such {
manner as shall be provided by the governor
and legislative assembly of the Territory of
Idaho. The governor shall nominate and, by
and with the advice and consent of the legsla-
tive council, appoint all officers not herein 9th
erwise provided for; and in the first instance
the governor alone may appoint all said oth-
GERS, 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 represen-
tatives and all other officers.
| Sec. 8. And be 1t 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 OF
which shall have been increased, while he was
a member, 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 appointment under the United States, ex-
ccpt postmaSters, shall be member of the
legislative assembly, or shall hold any office
under the government Of said Territory.
Sec. 9. And be 1t further enacted That the
judicial power of said Territory shall be vested
in a supreme court, district courts, probate
courts. and in justices of the peace. The su
preme court shall consist of a chief justice and
two associate justices, and two of whom shall
constitute quorum, and who shall hold term
at the seat of government of the said Territory
annually and they shall hold their Offices dur
ing the period of four years, and until their
successors shall be appointed and qualified
The said Territory shall be divided into three
judicial districts, and a district court shall be
f held in each of said districts by one of the JUS
tlces OF the supreme court at such times and
: places as may be prescribed by law; and the
/ said judges shall after their appointments, re-
f Spectively reside in the districts which shall be
r assigned them. The jurisdiction of the sever
e al courts herein provided for, both appellate
and original and that of the probate courts
/ and of justices of the peace, shall be limited by
# law POrnicd, That justices ofthe peace shall
s not have jurisdiction of any matter in contro-
e verSy when the title or boundaries Of land may
# be i'll dispute or where rhc debt or sum claim
|. ed shall exceed one hundred dollars; and the
: said supreme and district courts, respectively.
2. shall possess chancery we'll as common law
to jurisdiction. Each district court or the Judge
es thereof, shall appoint its clerk. who shall alsC
e be the register IN chancCry, and shall keep hi
t office at the place where the court may be held
" rits OF error, bills OF exceptions and appcal
le shall be allowed i'll all eases from the final de
o. clslonS of said district courts to the suprem,
s. court, under such regulations as may be pre-
ly scrlbed by law. The suprcIae court. or tn
e. justices thereof, shall appoint its own clerk
IN and every clerk shat hold his office at the plea
as sure Of the court for which he shall have beel
r. appointed. Writs of error and appeals from
of the final decisions of said supreme court sha
st DC allowed, and may be taken to the Suprem
al Court OF the United States in the same maine
ne and under the same regulations as from tn
n circuit courts Of the United States where tn
eS value OF the property or the amount in contrc
y versy, to be ascertained by the oath or affrma
on ton OF either party, other competent witne,
he ses, shall exceed one thousand dollars. exccT
p- that writ of error or appeal shall be allowe
as to the Supreme Court of the United State
is from the decision Of the said supreme cOul
re- created by this act, or OF any Judge thereof
ri OF the district courts created by this act or
ed any judge thereof. upon any writs Of habcG
4rs corpus involving the question of personal free
ta- DOM And each of the said district courts sha
he have and exercise the same jurisdictions in a
ley cases arising under the Constitution and Law
he OF the United States, as is vested in the circu
JUS and district courts of the United States an
el the first SIX days Of every term of said court
Of or so much thereof as shall be necessary, sha
nd be appropriated to the trial of causes arisir
tie the said Constitution and laws; and writs
led error and appeal in all such cases shall be mac
re- to the supreme court of said Territory the san
at as in other cases The said clerks shall receiv
ch in all such cases, the same fees which ii
er- clerks of the district courts OfWashington TIE
of rltOry now receive for similar service.
md Sec 10 And bp al fyrfLor ono.IoJ IT.
m there shall be appointed an attorney for Sa
OIL Territory, who shall continue in office fo
lies years, and until his successor shall be Gppor
- ed and qualified, unless sooner removed BY Il
le- President Of the United States. and who sh;
for receive the same fees and salary as the ATTIC
by ney of the United States for the present Ter
ell tory of Washington. There shall also be
r Of marshal for the Territory appointed, who sh;
YES hold his Office for four years and until his su
uly cessor shall be appointed and qualified, unle
'ed, sooner removed by the President of the Unit
for States, and who shall execute all processes
in suing from the said courts when exercise
her their jurisdiction circuit and district cou
YER of the United States; he shall perform the d
ons ties, be subject to the same regulation and pc
hall altes, and be entitled to the same fees as t
,0v- marshal of the district court Of the Unit
me, for the present Territory of Washington, a
ting shall in addition be paid two hundred doll;
lties Sec. IL. And be It further enacted, That
pre- governor, secretary, chef justice, and associ
flied Justices, attorney and marshal, shsl be
as pointed by the President of the United Sta
ular by and with the advice and consent of the S
ded ate The governor and secretary to be
ceed pointed as aforesaid, shall before they act
sion, such, respectfully take an oath or afimat
before the district judge or some justice Of
eve peace in the limits Of said Territory duly
e of thorized to administer Oaths and affirmati
actu- by ths1aws now enforce therein, or before
the chief justice or some associate justice of
tie at Supreme Court Of the United States to s.
any port the Constitution Of the United States,
luali- faithfully to discharge the duties Of their
at all spective offices, which said oaths, when SO
II be ken, shall be certified by the person by wi
the same shall have been taken and such
It the tifcates shall be received and recorded by
xtend said secretary among the executive proc
istent ings, and the chief justice and associate il
rs and ces and all civil officers in said Territory,
lal be they act as such, shall take like oath or