TWENTY-FIFTH CONGRESS. Sess.II.Ch.96. 1838.
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and the person or persons having the greatest number of votes for theHouse of Representatives , equal to the number to which each countymay be entitled, shall also be declared by the Governor to be dulyelected: Provided, The Governor shall order a new election whenthere is a tie between two or more persons voted for, to supply thevacancy made by sucli tie. And the persons thus elected to the Legis-lative Assembly shall meet at such place, and on such day as he shallappoint; but thereafter the time, place, and manner of holding andconducting all elections by the people, and the apportioning the repre-sentation in the several counties to the Council and House of Repre-sentatives , according to population, shall be prescribed by law, as wellas the day of the annual commencement of the session of the saidLegislative Assembly; but no session in any year shall exceed the termof seventy-five days.
Sec. 5. And be it further enacted, That every free white male citizenof the United States , above the age of twenty-one years, who shall havebeen 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 anyoffice within the said Territory; but the qualifications of voters at allsubsequent elections, shall be such as shall be determined by the Legis-lative Assembly : Provided, That the right of suffrage shall be exer-cised only by citizens of the United States .
Sec. 6. And be it further enacted, That the legislative power ofthe Territory shall extend to all rightful subjects of legislation; but nolaw shall be passed interfering with the primary disposal of the soil; notax shall be imposed upon the property of the United States ; nor shallthe lands or other property of non-residents be taxed higher than thelands or other property of residents. All the laws of the Governor andLegislative Assembly shall be submitted to, and if disapproved by, theCongress of the United States , the same shall be null and of no effect.
Sec. 7. And be it further enacted, That all township officers, and allcounty officers, except judicial officers, justices of the peace, sheriffs,and clerks of courts, shall be elected by the people, in such manner asis now prescribed by the laws of the Territory of Wisconsin, or as may,after the first election, be provided by the Governor and LegislativeAssembly of Iowa Territory. The Governor shall nominate and byand with the advice and consent of the Legislative Council, shall appointall 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-pointments from the Governor, which shall expire at the end of thenext session of the Legislative Assembly; but the said Governor mayappoint, in the first instance, the aforesaid officers, who shall hold theiroffices until the end of the next session of the said Legislative As-sembly.
Sec. 8. And be it further enacted, That no member of the Legisla-tive Assembly shall hold, or be appointed to, any office created, or thesalary and emoluments of which shall have been increased, whilst hewas 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 hold-ing a commission or appointment under the United States , or any of itsofficers, except as a militia officer, shall be a member of the said Coun-cil or House of Representatives , or shall hold any office under the Go-vernment of the said Territory.
Sec. 9. And be it further enacted, That the judicial power of the saidTerritory shall be vested in a supreme court, district courts, probatecourts, and in justices of the peace. The supreme court shall consistof a chief justice, and two associate judges, any two of whom shall bea quorum, and who shall hold a term at the seat of Government of the
Proviso.
Qualificationsof voters.
Officers, howappointed.
Vacancies.
Disqualifica-tions for office.
Judicial pow-er, how vested.
Supreme
court.