Page:United States Statutes at Large Volume 5.djvu/273

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TWENTY-FIFTH CONGRESS. Sess. II. Ch. 96. 1838. 237 and the person or persons having the greatest number of votes for the House of Representatives, equal to the number to which each county may be entitled, shall also be declared by the Governor to be duly elected: Provided, The Governor shall order a new election when Proviso. 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 the 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 white male citizen Qualifications of the United States, above the age of twenty-one years, who shall have of voters. been an 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 subsequent elections, shall be such as shall be determined by the Legislative Assembly: Provided, That the right of suffrage shall be exer- p,.0v,S0_ cised only by citizens of the United States. Sec. 6. And be it further enacted, That the legislative power of Powers of the the Territory shall extend to all rightful subjects of legislation; but no L§€‘jE‘QF°· law shall be passed interfering with the primary disposal of the soil; no as ° ms' 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 property of residents. All the laws of the Governor and Law; to be Legislative Assembly shall be submitted to, and if disapproved by, the *3‘:[;"‘2;;l£:_ Congress of the United States, the same shall be null and of no effect. ¤pp,§i,a]_ Sec. 7. And be it further enacted, That all township officers, and all Officers to be county officers, except judicial officers, justices of the peace, sheriffs, cgffj bY‘h“ and clerks of courts, shall be elected by the people, in such manner as P p ' 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 OB°rcers,how and with the advice and consent of the Legislative Council, shall appoint "l’f‘°‘"'°d· 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 ap- Vacancies pointments 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 Assemb! . Sag 8. And be it further cnactrd, That no member of the Legisla- _Disqnalifi<·u· tive Assembly shall hold, or be appointed to, any office created, or the mms "°' °m°°· salary and 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. Sec.!). And be it_;%·flu·r enacted, That the judicial power of the said Judicial pow- Territory shall be vested in a supreme court, district courts, probate *"· h°“’ "“S*°d· courts, and in justices of the peace. The supreme court shall consist Suvmmé of a chief justice, and two associate judges, any two of whom shall be wu"' u quorum, and who shall hold a term at the seat of Government of the