the persons

having the

each of the counties or districts are entitled under this act. The number of persons authorized to be elected having the greatest number of votes in each of the said counties or districts for the Council, shall be declared by the said governor to be duly elected Govr. to declare to the said Council; and the person or persons having the greatest number of votes for the House of Rep- greatest numresentatives, equal to the number to which each ber of votes to county may be entitled, shall also be declared by the be elected. governor to be duly elected: Provided, the governor Proviso. shall order a new election when there is a tie between two or more persons voted for, to supply the vacancy made by such tie. And the persons thus elected to the legislative assembly shall meet at such place and on such day as he shall appoint; but thereafter, the time, place, and manner of holding and conducting all elections by the people, and apportioning the representation in the several counties to the Council and House of Representatives, according to population, shall be prescribed by law, as well as the day of the annual commencement of the session of the said legislative assembly; but no session, in any year, shall exceed the term of seventy-five days.

SEC. 5. And be it further enacted, That every free Qualifications. white male citizen of the United States, above the of voters, &c.

at the first elec

age of twenty-one years, who shall have been an tion. inhabitant of said Territory at the time of its organization, shall be entitled to vote at the first election, and shall be eligible to any office within the said. Territory; but the qualifications, of voters, at all At all subsesubsequent elections, shall be such as shall be deter- quent elections mined by the legislative assembly; Provided, that Proviso. the right of suffrage shall be exercised only by citi

zens of the United States.

SEC. 6. And be it further enacted, That the legis- Powers of the lative power of the Territory shall extend to all right- Legislature. ful subjects of legislation; but no law shall be passed Restrictions. 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 taxed higher than the lands or other Laws to be subproperty of residents. All the laws of the governor mitted to Conand legislative assembly shall be submitted to, and gress for appovif disapproved by the Congress of the United States, the same shall be null and of no effect.

al.

SEC. 7. And be it further enacted, That all town- Officers to be ship officers, and all county officers, except judicial elected by the officers, justices of the peace, sheriffs, and clerks of people.

Officers to be appointed by the advice and consent of the

the Govr, with

legislative council.

Vacancies occurring in the recess of the Council, how filled.

Disqualifica

courts, shall be elected by the people, in such manner as is now prescribed by the laws of the Territory of Wisconsin, or as may, after the first election, be provided by the governor and legislative assembly of Iowa Territory. The governor shall nominate, and, by and with the advice and consent of the legislative council, shall appoint all judicial officers, justices of the peace, sheriffs, and all militia officers, except those of the staff, and all civil officers not herein provided for. Vacancies occurring in the recess of the Council, shall be filled by appointments from the governor, which shall expire at the end of the next session of the legislative assembly; but the said governor may appoint. in the first instance, the aforesaid officers, who shall hold their offices until the end of the next session of the said legislative assembly.

SEC, 8. And be it further enacted, That no member tions for office. of the legislative assembly shall hold, or be appointed to, any office created, or the salary or emoluments of which shall have been increased whilst he was a member, during the term for which he shall have been elected, and for one year after the expiration of such term, and no person holding a commission or appointment under the United States, or any of its officers, except as a militia officer, shall be a member of the said Council or House of Representatives, or shall hold any office under the government of the said Territory.

preme court,

probate courts,

the peace.

Supreme court.

Judicial power SEC. 9. And be it further enacted, That the judicial vested in a su- power of the said Territory shall be vested in a supreme court, district courts, probate courts, and in dist. courts, justices of the peace. The supreme court shall conand justices of sist of a chief justice and two associate judges, any two of whom shall be a quorum, and who shall hold a term at the seat of government of the said Territory annually; and they shall hold their offices during the term of four years. The said Territory shall be District courts. divided into three judicial districts; and a district court or courts shall be held in each of the three districts, by one of the judges of the supreme court, at such times and places as may be prescribed by law; and the said judges shall, after their appointment, respectively, reside in the districts which shall be assigned to them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts, and of the justices of the peace, shall be as limited by law: Provided, however, that justices of the peace shall not have

Jurisdictions

courts.

Proviso.

jurisdiction of any matter of controversy, when the title or boundaries of land may be in dispute, or where the debt or sum claimed exceeds fifty dollars. And the said supreme and district courts, respectively, shall possess a chancery as well as a common law jurisdiction. Each district court shall appoint its clerk, who shall keep his office at the place where the court may be held, and the said clerks shall also be the registers in chancery; and any vacancy in said office of clerk, happening in the vacation of said court, may be filled by the judge of said district, which appointment shall continue until the next term of said court. And writs of error, bills of exception, and appeals in chancery causes, shall be allowed in all cases, from the final decisions of the said district courts to the supreme court, under such regulations. as may be prescribed by law; but in no case, removed to the supreme court, shall trial by jury be allowed in said court. The supreme court may appoint its own clerk, and every clerk shall hold his office at the pleasure of the court by which he shall have been appointed. And writs of error and appeals from the final decision of the said supreme court shall be allowed and taken to the supreme court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, shall exceed one thousand dollars. And each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution and laws of the United States, as is vested in the circuit and district courts of the United States.-And the first six days of every term of the said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws. And writs of error and appeals from the final decisions of the said courts, in all such cases, shall be made to the supreme court of the Territory, in the same manner as in other cases. The said clerks shall receive, in all such cases, the same fees which the clerk of the district courts of Wisconsin Territory now receives for similar services.

SEC. 10. And be it further enacted, That there shall An attorney to be an attorney for the said Territory appointed, who be appointed shall continue in office four years, unless sooner his fees, &c.

for four years,

A marshal to

be appointed for four years

his duties, fees, &c.

Officers to be

the president

the Senate.

secretary to take an oath, &c.

removed by the president, and who shall receive the same fees and salary as the attorney of the United States for the present Territory of Wisconsin. There shall also be a marshal for the Territory appointed, who shall hold his office for four years, unless sooner removed by the president, who shall execute all pro cess issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States. He shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees as the marshal of the district court of the United States for the present Territory of Wisconsin; and shall, in addition, be paid the sum of two hundred dollars annually as a compensation for extra services.

SEC. 11. And be it further enacted, That the govappointed by ernor, secretary, chief justice and associate judges, with the advice attorney, and marshal, shall be nominated, and by and consent of and with the advice and consent of the Senate, appointed by the president of the United States. The governor and secretary, to be appointed as aforesaid, shall, before they act as such, respectively take Governor and an oath or affirmation, before some judge or justice of the peace in the existing Territory of Wisconsin, duly commissioned and qualified to administer an oath or affirmation, or before the chief justice or some associate justice of the supreme court of the United States, to support the constitution of the United States, and for the faithful discharge of the duties of their respective offices; which said oaths, when so taken, shall be certified by the person before whom the same shall have been taken, and such certificate shall be received and recorded by the said secretary among the executive proceedings. And, afterwards, the chief justice and associate judges, and all other civil officers in said Territory, before they act as such, shall take a like oath, or affirmation, before said governor, or secretary, or some judge or justice of the territory, who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted, by the person taking the same, to the secretary, to be by him recorded as aforesaid; and, afterwards, the like oath or affirmation shall be taken, certified, and recorded in such manner and form as may be prescribed by law. The governor shall receive an annual salary of fifteen hundred dollars as governor, and one thousand dollars as superintendent of Indian affairs. The said chief judge

Chief justice and associate judges, and all

other civil offi

cers to take an

oath, &c.

Salary of the governor.

ces.

paid.

Pay of the members of the

and associate justices shall each receive an annual Salary of the salary of fifteen hundred dollars. The secretary chief judge and shall receive an annual salary of twelve hundred dol- associate justilars. The said salaries shall be paid quarter yearly, Salary of the at the treasury of the United States. The members secretary. of the legislative assembly shall be entitled to receive Salaries how three dollars each per day, during their attendance at the session thereof: and three dollars each for every twenty miles travel in going to, and returning legislative asfrom the said sessions, estimated according to the sembly nearest usually travelled route. There shall be appro- Contingent expriated, annually, the sum of three hundred and fifty penses of the dollars, to be expended by the governor to defray the contingent expenses of the Territory; and there shall also be appropriated annually, a sufficient sum, to be expended by the secretary of the Territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental expenses; and the secretary of the Territory shall annually account to the secretary of the treasury of the United States for the manner in which the aforesaid sum shall have been expended.

Territory, &c.

ed to Wiscon

extended over Iowa, &c.

SEC. 12. And be it further enacted, That the inhab- Rights, &c. the itants of the said territory shall be entitled to all the same as grantrights, privileges, and immunities heretofore granted sin. and secured to the Territory of Wisconsin, and to its inhabitants; and the existing laws of the Territory Existing laws of Wisconsin shall be extended over said Territory, of Wisconsin so far as the same be not incompatible with the provisions of this act, subject, nevertheless, to be altered, modified or repealed by the governor and legislative assembly of the said Territory of Iowa; and, further, Laws U. S. exthe laws of the United States are hereby extended tended over over, and shall be in force in said Territory, so far as the same, or any provisions thereof, may be applicable.

Iowa, &c.

held when and

SEC. 13. And be it further enacted, That the legis- First session of lative assembly of the Territory of Iowa shall hold the legislative its first session at such time and place, in said Terri- assembly to be tory, as the governor thereof shall appoint and direct; where the govr and at said session, or as soon thereafer as may by shall direct. them be deemed expedient, the said governor and Governor and legislative assembly shall proceed to locate and legislative asestablish the seat of government for said Territory, cate and estab at such place as they may deem eligible, which place, lish the seat however, shall thereafter be subject to be changed by of government.

sembly to lo