be appointed and qualified, unless sooner removed by the president of the United States. The governor shall reside within said territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws passed by the legislative assembly before they shall take effect; he may grant pardons for offences against the laws of said territory, and reprieves for offences against the laws of the United States, until the decision of the president can be made known thereon; (a) he shall commission all officers who shall be appointed to office under the laws of the said territory, and shall take care that the laws be faithfully executed.

9 Sept. 185v.

Governor.

Term of office

Residence.

His powers,

Ibid. 23.

Secretary.

duties.

&

3. There shall be a secretary of said territory who shall reside therein, and hold his office for four years, unless sooner removed by the president of the United States: he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and one copy of the executive pro- His powers and ceedings, on or before the first day of December in each year, to the president of the United States, and at the same time, two copies of the laws to the speaker of the house of representatives, and the president of the senate, for the use of congress. And in the when to act as case of the death, removal, resignation or other necessary absence of the governor from governor. the territory, the secretary shall have and he is hereby authorized and required to execute and perform all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy.

III. LEGISLATIVE POWER.

9 Stat. 454.

the legislative as

sentatives.

4. The legislative power and authority of said territory shall be vested in the governor 9 Sept. 1850 4 and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of thirteen members, having the qualifica- Constitution of tions of voters as hereinafter prescribed, whose term of service shall continue two years. sembly. The house of representatives shall consist of twenty-six members, possessing the same Council. qualifications as prescribed for members of the council, and whose term of service shall House of reprecontinue one year. An apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the council and house of repre- Apportionment. sentatives, giving to each section of the territory representation in the ratio of its population, Indians excepted, as nearly as may be. And the members of the council and of Residence. the house of representatives shall reside in, and be inhabitants of, the district for which they may be elected respectively. Previous to the first election, the governor shall cause Census. a census or enumeration of the inhabitants of the several counties and districts of the First election. territory to be taken; and the first election shall be held at such time 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 members of the council and house of representatives 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 to be duly elected to the council; and the person or persons authorized to be elected having the highest number of votes for the house of representatives, equal to the number to which each county or district shall be entitled, shall be declared by the governor to be duly elected members of the house of representatives: Provided, That in case of a tie New election, in between two or more persons voted for, the governor shall order a new election to supply the vacancy made by such a tie. And the persons thus elected to the legislative assembly shall meet at such place, and on such day, as the governor shall appoint; but there- Subsequent elec after, the time, place and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives, according to population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Duration of sesProvided, That no one session shall exceed the term of forty days.

case of vacancy,

&c.

tions.

sions.

Ibid. 25.

5. Every free white male inhabitant above the age of twenty-one years, who shall have been a resident of said territory at the time of the passage of this act, shall be entitled to Qualifications of vote at the first election, and shall be eligible to any office within the said territory; but voters. the qualifications of voters and of holding office, at all subsequent elections, shall be such as shall be prescribed by the legislative assembly: Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States, including those recognised as citizens by the treaty with the republic of Mexico, concluded February 2d 1848.

Ibid. 26.

6. The legislative power of said territory shall extend to all rightful subjects of legislation, consistent with the constitution of the United States and the provisions of this Extent of legisla act; but no law shall be passed interfering with the primary disposal of the soil; no tax tive power. (a) He has power to reprieve, but not to pardon, persons indicted and convicted for crime against the United States. 6 Opin. 430.

9 Sept. 1850. 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 passed by the legislative assembly and governor shall be submitted to the congress of the United States, and, if disapproved, shall be null and of no effect.

Ibid. 7.

Appointment of and county of

township, district

cers.

Ibid. 28.

Exclusion of members from office.

9 Sept. 1850 9. 9 Stat. 455.

Supreme court.

District courts.

Jurisdiction.

peace.

courts.

Errors and appeals.

court.

7. All township, district and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the territory of Utah. 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 offices.

8. 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. And no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of said territory.

IV. JUDICIARY.

9. The judicial power of said territory shall be vested in a supreme court, district courts, probate courts and in justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said territory annually, and they shall hold their offices during the period of four years. The said territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the supreme court, at such time and place as may be prescribed by law; (a) and the said judges shall, after their appointments, respectively residə in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of Justices of the justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts respectively shall possess chancery as Clerks of district well as common law jurisdiction. Each district court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception and appeals shall be allowed in all cases from the final decisions of said district courts to the supreme court, under such regulations as may be prescribed by law; but in no case removed to the Clerk of supreme supreme court shall trial by jury be allowed in said court. The supreme court or the justices thereof shall appoint its own clerk; and every clerk shall hold his office at the Jurisdiction of pleasure of the court for which he shall have been appointed. Writs of error and appeals the United States, from the final decisions of said supreme court, shall be allowed, and may be taken to the supreme court of the United States, in the same manner and under the same regelations 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, or other competent witness, shall exceed one thousand dollars; except only that, in all cases involving the title to slaves, the said writs of error or appeals shall be allowed and decided by the said supreme court, without regard to the value of the matter, property or title in controversy; and except also that a writ of error or appeal shall also be allowed to the supreme court of the United States, from the decisions of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus involving the question of personal freedom. 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 said supreme and district courts of the said territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are What causes to granted by the judges of the United States in the District of Columbia. And the first six have precedence. days of every term of 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 appeal, in all such cases, shall be made to the supreme court of said territory, the same as in other cases. The said clerk shall receive in all such cases the

supreme court of

Circuit court powers.

Habeas corpus.

Fees of clerk

(a) By 16 the governor is authorized, until otherwise provided by law, to define the judicial districts, to assign the judges to the several districts, and to appoint the times and places for holding

the courts therein; but the legislative assembly may alter or modify the same, in their discretion.

same fees which the clerks of the district courts of Oregon territory now receive for similar services. (a)

Sept. 1850.

Ibid. 10.

District attorney

10. There shall be appointed an attorney for said territory, who shall continue in office for four years, unless sooner 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 Oregon. There shall also be a marshal for the territory appointed, who shall hold his office for Marshal. four years unless sooner removed by the president, and who shall execute all processes issuing from the said courts, when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the 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 Oregon; [and shall, in addition, be paid two hundred dollars annually as a compensation for extra services.] (b)

V. LANDS. (c)

9 Stat. 457.

11. When the lands in the said territory shall be surveyed under the direction of the 9 Sept. 1850 3 15. government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said territory shall be and the same Two sections in are hereby reserved for the purpose of being applied to schools in said territory, and in be reserved for the states and territories hereafter to be erected out of the same.

VI. MISCELLANEOUS PROVISIONS.

each township to

schools.

9 Stat. 456.

12. The governor, secretary, chief justice and associate justices, attorney and marshal, 9 Sept. 1850 3 11. shall be nominated, and, by 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 afore-Appointment of said shall, before they act as such, respectively, take an oath or affirmation, before the cers. district judge, or some justice of the peace in the limits of said territory, duly authorized Oath of office. to administer oaths and affirmations by the laws now in force therein, 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 faithfully to discharge the duties of their respective offices; which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken, and such certificates shall be received and recorded by the said secretary among the executive proceedings. And the chief justice and associate justices, and all other civil officers in said territory, before they act as such, shall take a like oath or affirmation, before the said governor or secretary, or some judge or justice of the peace 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 dol- Salaries. lars as governor, and one thousand dollars as superintendent of Indian affairs.(d) The chief justice and associate justices shall each receive an annual salary of eighteen hundred dollars. (e) The secretary shall receive an annual salary of eighteen hundred dollars.(g) The said salaries shall be paid quarter-yearly, at the treasury of the United States. The members of the legislative assembly shall be entitled to receive three dollars Compensation of each per day during their attendance at the sessions thereof, and three dollars each for sembly. twenty miles' travel, in going to and returning from the said sessions, estimated according to the nearest usually travelled route. There shall be appropriated annually the Contingent exsum of one thousand dollars, to be expended by the governor, to defray the contingent penses. expenses of the territory. 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.

members of as

Ibid. 12.

13. The legislative assembly of the territory of Utah shall hold its first session at such time and place in said territory as the governor thereof shall appoint and direct; and at seat of governsaid first session, or as soon thereafter as they shall deem expedient, the governor and ment. legislative assembly shall proceed to locate and establish the seat of government for said territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly. And the Appropriation for sum of twenty thousand dollars, out of any money in the treasury not otherwise appropriated, is hereby appropriated and granted to said territory of Utah. to be applied by the governor and legislative assembly to the erection of suitable public buildings at the seat of government.

(a) See 7 Opin. 648.

(b) See the general fee-bill of 1853.

(c) See tit. "Lands," 650-3.

(d) By act 3 March 1857 3, a superintendent of Indian affairs

buildings.

9 Sept. 1850 13.

Delegate to congress.

Ibid. 14.

library.

14. A delegate to the house of representatives of the United States, to serve during each congress of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other territories of the United States to the said house of representatives. The first election shall be held at such time and places, and be conducted in such manner as the governor shall appoint and direct; and at all subsequent elections, the times, places and manner of holding the elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly: Provided, That said delegate shall receive no higher sum for mileage than is allowed by law to the delegate from Oregon.

15. That the sum of five thousand dollars be and the same is hereby appropriated out Appropriation for of any moneys in the treasury not otherwise appropriated, to be expended by and under the direction of the said governor of the territory of Utah, in the purchase of a library, to be kept at the seat of government for the use of the governor, legislative assembly, judges of the supreme court, secretary, marshal and attorney of said territory, and such other persons, and under such regulations, as shall be prescribed by law.

Ibid. 17.

Laws of U. S. extended to Utah.

16. The constitution and laws of the United States are hereby extended over and declared to be in force in said territory of Utah, so far as the same, or any provision thereof, may be applicable.

18 Feb. 1791 1. 1 Stat. 191.

1. The state of Vermont having petitioned the congress to be admitted a member of the United States: Be it enacted, That on the 4th day of March 1791, the said state, by Vermont admit the name and style of "The state of Vermont," shall be received and admitted into this Union, as a new and entire member of the United States of America.

ted.

29 April 1802 3 27. 2 Stat. 166.

Ibid. 29.

summoned ex

cept by special order.

2. All the laws of the United States which are not locally inapplicable, ought to have and shall have the same force and effect within the state of Vermont as elsewhere within the United States.

II. CIRCUIT COURT.

3. The sessions of the said court ** shall commence, ** in the district of Vermont, on the [first] day of May, and the third day of October annually.(a)

4. The circuit court of the United States within and for the district of Vermont, instead of the first day of May, shall hereafter be holden on the twenty-first day of May.

5. If at any time hereafter the day or days prescribed by this act for holding either of the said courts shall be a Sunday, such court shall commence and be holden on the following day.

III. DISTRICT COURT.

6. There shall be holden annually in the district of Vermont, two stated sessions of the district court, which shall commence on the [tenth] day of October, at Rutland, and on the [seventh] day of May, at Windsor, in each year.

7. The clerk of the said district court shall not issue a process to summon, or cause to No juries to be be returned to any session of the said district court, a grand jury, unless by special order of the district judge, and at the request of the district attorney; nor shall he cause to be summoned or returned a petty jury to such sessions of the said district court in which there shall appear to be no issue proper for the trial by jury, unless by special order of the judge as aforesaid. And it shall be the duty of the circuit court in the district of Vermont at their stated sessions, to give in charge to the grand juries, all crimes, offences and misdemeanors, as are cognisable, as well in the said district court as the Indictments to said circuit court, and such bills of indictment as shall be found in the circuit court, the district court. and cognisable in the said district court, shall, at the discretion of the said circuit court, be transmitted by the clerk of the said court, pursuant to the order of the said circuit

Circuit court to cha, go the grand jury.

De transferred to

(a) By act 3 March 1797, the May term is to be holden at Windsor, and the October term, at Rutland 1 Stat. 517

court, with all matters and things relating thereto, to the district court next thereafter 29 April 1802. to be holden in said district; and the same proceedings shall be had thereon in said district court, as though said bill of indictment had originated and been found in the said district court. And all recognisances of witnesses taken by any magistrate in said district for their appearance to testify in any case cognisable in either of the said courts, shall be to the circuit court next thereafter to be holden in said district.

3 Stat. 776.

trict court.

8. The district court of the United States for the district of Vermont, shall be here- 3 March 1823 § 1. after holden on the sixth day of October, and on the twenty-fourth day of May, in each year, instead of the tenth day of October, and twenty-seventh day of May, as is now Terms of the disrequired by law: (a) Provided, That if either of the days prescribed by this act for holding said court shall be a Sunday, then the said court shall commence and be holden on the following day.

IV. COLLECTION DISTRICTS.

1 Stat. 631.

mont.

9. The state of Vermont shall constitute one district, (b) which shall include all such 2 March 1799 8 6. shores and waters of Lake Champlain, and the rivers connected therewith, as lie within the said state, and shall also extend along the northern boundary line of the said state, District of Veradjoining to the British colony of Lower Canada; and the president of the United States is authorized to appoint such place within the said district, to be the sole port of entry, as he shall judge proper; and a collector shall be appointed to reside thereat; and the president of the United States is also authorized, if he judge it expedient, to establish not exceeding two places as ports of delivery only, and to appoint surveyors for each, or either of said places, at his discretion: Provided nevertheless, That the president of the United States may, whenever he shall judge it expedient, and for the interest of the United States, erect the northern boundary line of the said state, adjoining the British colony of Lower Canada, or so much thereof as he may think proper, into a separate district, and appoint a collector, to reside at such port of entry and delivery as may be established by the president within the same.

2 Stat. 656.

10. That the president of the United States be and he is hereby authorized to alter 2 March 1811 3 4 the place which had heretofore been designated to be the port of entry for the district of Vermont, and to establish another place to be such port of entry.

1. The circuit courts in the district of Virginia shall be holden at Richmond on the 16 Aug. 1842 ? 1. first Monday in May and on the fourth Monday in November.

5 Stat. 507.

2. There shall be holden a term of said circuit courts, annually, at Lewisburg, in the 3 March 1837 2 western district of Virginia, commencing on the first Monday of August.(c)

II. DISTRICT COURTS.

6 Stat. 177.

3 Stat. 112.

3. Instead of the time heretofore prescribed by law for the sessions of the district 24 March 1814 3 1. court of the United States for the Virginia district, the said court shall hereafter commence its sessions on the following days in each year, that is to say: [on the twelfth To be holden at day of April, and on the fifteenth day of October,] in the city of Richmond, and [on the Norfolk. first day of May,] and on the first day of November, in the borough of Norfolk.(d)

(a) Acts 29 April 1892, (supra, 6), and 22 March 1816. 3 Stat. 258.

(b) District of Mumphreymagoz established by act 2 March 1811, 2 Stat. 655; but abolished and added to the district of Vermont, by act 7 May 1822. 3 Stat. 693.

(c) This was apparently supplied and repealed by the act 16 August 18-12, (supra, 1); but the act 26 June 1856 2, provides

Richmend aud

"that the term of the circuit court of the United States shall be holden annually at Lewisburg, in the said western district of Virginia, commencing, as now, on the first Monday of August." 11 Stat. 23.

(d) The district court was directed to be holden at Williamsburg and Richmond, by act 24 September 1789 23, 1 Stat. 74; but was transferred from Williamsburg to Norfolk, by act 29 April 1602