New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-06

cessor shall be sppoinl ed and qualified unless sooner
removed BY the President of the United State with
shall reside within said Territory, sha be com.
of the militia thereof snail pl rform
the duties ano receive the emoluments of superin-
tepdent Of Indian affairs and sh ali approve an laws
passed oy the legislative assembly before they shall
TAKE erect unless the same shall pass by twot thirds
vote as provided in section six of this act ne may
grant paroons Tor cnenses against the laws of said
laws Of the United States until the decision Of the
can De made known thereon; ne shat com
nndsT az a o1neeFs WE shall be appointed g office
tna1 tne laws be faithfully executed.
, ~ 3. And be it further enacted. That there
snail be secretary Of said Territory, who shall
reside therein and hold his office for four years
less sooner removed by the President of the United
states with the consent of the Senate; he shall
cord and preserve all the laws and the proceedings
OF the legislative assembly hereinafter constituted,
executive department he shall transmit one copy of
the laws and one copy Of the executive proceedings
to the President of the United States and at the
same time two copies of the laws to the Speaker of
tie House Of Representatives and the President OF
the Senate for the use of Congress- and in case Of
the death removal resignation, or other necessary
secretary shall have, and he is hereby authorized
and required 70 execute and perform all the powers
aosence, or until another governor shall be ap-
pointed TO fill such vacancy.
&c 4 And be il further enacted, That the legis
!atlVs power and authority of said Territory shall
be vested IN the governor and legislative assembly
Inc legislative assembly shall consist of council
and mouse OF representatives. . he council shall
consist OF nine members which may be increased to
tnrteen having the qualifications of voters MS here
lnhlter pfescrloeo whose term of service shall CON
hnue two years. The house Of representatives shall
consist OF thirteen members which may be increased
10 twenty seven, possessing the same qualifications
as prescribed for members of the council and whose
term OF service snail continue one year. An appor-
honment shall be made by the governor nearly
equal as practicable among the several counties or
districts for the election of the council and house of
tory representation in the ratio Of their population
excepting IND lsns not taxed as reary may Se,
resentaves shall reside and be inhabitants OF the
districts Tor which they may be elected, respectively
Previous to the first election the governor shall
Gauss census or enumeration of the inhabitants of
the several counties districts of the Territory to
be TAKEN and the first election shall be held at such
times and places, and be conducted in such manner
as the governor shall appoint and direct, and he
shall at the same time declare the number OF the
members OF the council and house of representa-.
tives to which each of the counties or districts shall
be entitled under this act. The number of persons
authorized to be elected having the highest number
Of votes in each of said council districts for members
Of the council, shall be declared by the governor
duly elected to the council; and the person or per
sons authorized to be elected having the greatest
number of votes for the house of representatives,
trct shall be entitled shall be dec AIRED BY the gov.
ernor to be elected mem bers of the house of rep
resentatves: Provided, That in case Of a tie Be-
tween two or more persons voted for the governor
shall order a new election, to supply the vacancy
made by such tie vote And the persons thus elected
to the legislative assembly shall meet at such place
and on such day as the governor shall appoint:
but thereafter the time, place. and manner Of hold
apportioning the representation the several coun
ties or districts to the council and house of repre-
prescribed BY law, as we'll as the day Of the ts com
mencement of the regular sessions of the legislative
assembly: Provided, That no session shall ex-
coed the term of forty days except the FIRST which
may be extended to sixty days, but no longer.
citizen of the United States above the age Of twenty
one years, and including persons who shall have
United States, VINO shall have been resident OF the
said Territory at the time of the passage of this act
shall be entitled e vote at the first and ali sub'e
quent ectlons in the Territory, and shall be eligible
TO mold any office in said Territory And the legis
lative assembly shall not at any time Rbridge the
race color or previous condition Of servit1de Of any
resident OF the Territory; Provided, That the right
only by citizens Of the United States and those who
shall have declared oath before competent court
of record their intention to become such and shall
have taken oath 10 support the Constitution and
Government Of the United States
SIC 6. And be IT further enacted, That tine legs
latve power of the Territory shall extend to all right
fu subjects Of legislation consistent with the Con
sttution Of the United States and the provisions Of
this act; bat no law shall be passed interfering with
the primary disposal of the soil; TAI shall De i'm.
Snail the lands or otEer 5ropeTty Of rsssnts he
taxed higher than the lands or other property of
residents; nor shall any law be passed imparing the
rights oil private property, nor shall any unequal
discrimination be made in taxing different kinds Of
property but all property subject to taxation snail
be tax ed IN proportion to its value. Every bill which
shall have passed the council and the house
Of representatives of said Territory shall, be,
governor OF the Territory If he approves, he
shall sign it; but II not. he Shall return It with
who shall enter the objections at large upon their
iourna! and proceed to reconsider it. II, after such
reconsideration, twotnrds of that house shall agree
to pass the BILL it shall be sent together with the
objections, to the other house, by WHICH II shall ike
OF that house it snail become law But in all such
cases the votes of both houses shall be determined
each house respectively II any bin shall not be re
turnec Koy the governor within five days Sunday ex
cepted after 10 shal nave been presented TO him the
same shall be law in like manner il he had signed
it, unless the assembly, by adjournment prevent it,
return in which case it shall not be law
SEC. !. And be 1t further enacted, That all town
ship, district, and county officers not herein other
WISE provided Tor. shall be appointed or elected as
the case may be, in such Danner as shall be provided
by the governor and legislative assembly oil the Ter
ritory; The governor shall nominate and by and
with the consent OF the council appoint all officer;
not herein otherwise provided for, and in the first
instance the governor alone may appoint all such
oiioers who shall hod their offices until tine end Of
the first session of the legislative assembly, and he
shall lay of the necessary districts for mem bers o.
the council and house OF representatives, and al
other officers,
SEC. 8. And be it further enacted, That no
member Of the legislative assembly snail hold bt
appointed to any othce which shall have been crea
ted or the salary enoluments of which shall have
been increased while he was a member, during tn,
term for which ne was elected and for year atte
the expiration OF such term; and person holdinl
commission or appointment under the United
states, except postmasters, shall be ember of thi
legislative assembly or shall hold any office unde
the government OF said Territory
Sic. y. Ana be It further enacted, That the III
dieiai power of said Territory shall be vested in
supreme court, district courts, probate courts AnC
Justices OF the peace The sipreme court shall con
!. two Of whom shall constitute a quorum, and VIII
shall hold term at the seat of government of sale
Territory annually. and they shall hold their office
for four years, unless sooner removed by the Presi
dent with the consent OF the senate Of the UnlteC
States. The said Territory shall be divided int
three Iudic al districts and district court shall b.
held IN each of SAID districts by of the justices
Of the supreme court at such time and place MAJ
be prescribed by law; and said judges shall after
their appointments, respectively reside in the dis
ton Of the several herein provided tor, boti
appellate and original, and that OF the pr9bat
limited BY law; Provided That justices Of the peac
snail not have jurisdiction OF any matter in contro
dispute. or where The debt or sum Canned San eI
coed one hundred dollars; and the said supreme an
o.strst e courts shall possess chanesr
redress OF all wrongs mitted against the Oonst
tuition laws Of the United States Of the Terrific
or the Judge thereof, shall appoint its clerk, VIII
shall also be the register in chancery and shall keel
| his office where the court may be held. Writa o
error. bills Exception, and appeals shall be alowe
in all cases from the final decisions of said distrc
as may be prescribed by law, but in no case remove
to the supreme court shall trial by Jury be allowed
Of shalI appoint is own clerks and every clerk sha
hold his office at the pleasure of the court for whic
appeal from the final decision Of said supreme cour
shA be allowed and may be taken to the Suprem
Onlteo states, Au tile HNIuo MANNER
under the same regulations from the circuit court
OF the United States where the value Of property o
the amount in controversy to be Sscerta ned by tn
oath or afirma ion of either party, other compe
tent witness, shall exceed one thousand dollars; an
each of the said district courts shall have and
else the same jurisdiction in all cases arising unde
the Constitution and laws Of the United States as
vested in the circuit and district courts Of the
states; and the said supreme and district courts
said TERRITORY, and the respective judges thef col
snau and may grant writs Of habeas corpus in a
cases ~ which the same are gran able BY the Judge
| OF the United States in the District Of Columb q
aud tne nrst sx days of every term of said courts
50 tnuen mercer as shall be necessary, shall be AZ
pfoprateu TO the trial of causes arising under tn
said Constitution and laws; and writs Of error an
appeals in all such cases ahaI he made IN the a,