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years. The House of Representatives shall consist of twentysix members, possessing the same qualifications as prescribed for the members of the Council, and whose term of service shall continue two years. An appointment shall be made, as nearly equal as practicable, among the several counties, for the election of the Council and Representatives, giving to each section of the Territory representation in the ratio of its population, Indians excepted, as nearly as may be. And the said members of the Council and House of Representatives shall reside in and be inhabitants of the district for which they may be elected. Previous to the first election, the Governor of the Territory shall cause the census or enumeration of the inhabitants of the several counties in the Territory to be taken and made by the Sheriffs of the said counties, respectively, and returns thereof made by said Sheriffs to the Governor. The first election shall be held at such time and place, 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 is entitled under this act. The number of persons authorized to be elected having the greatest number of votes in each of the said counties for the Council, shall be declared, by the said Governor, to be duly elected to the said Council; 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 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 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. V. And be it further enacted, That every free white male citizen of the United States, above the age of twentyone years, who shall have 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 exercised only by citizens of the United States.
“Sec. VI. And be it further enacted, That the Legislative power of the Territory shall extend to all rightful subjects of legislation ; but no law shall be passed 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 property of residents. All the laws of the Governor and Legislative Assembly shall be submitted to, and, if disapproved by the Congress of the United States, the same shall be null and of no effect.
“Sec. VII. And be it further enacted, That all township officers, and all county officers, except Judicial officers, Justices of the Peace, Sheriffs, and Clerks of courts, shall be elected by the people, in such manner as may be provided by the Governor and Legislative Assembly. 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 ex
pire 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.
“Seç. VIII. And be it further enacted, That no member 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 under the United States, or any of its officers, except as a militia officer, shall be a member of the said Council, or shall hold any office under the Government of the said Territory.
“Sec. IX. And be it further enacted, That the Judicial power of the 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 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 good behavior. The said Territory shall be 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. 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 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 chancery as well as 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 a 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 decisions 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 Court of the United States in the Northern District of the State of New-York, receives for similar services.
“Sec. X. And be it further enacted, That there shall be
an Attorney for the said Territory appointed, who shall continue in office 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 Michigan Territory. 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 process 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 Northern District of the State of New-York; and shall, in addition, be paid the sum of two hundred dollars, annually, as a compensation for extra services.
“Sec. XI. And be it further enacted, That the Governor, Secretary, Chief Justice and Associate Judges, Attorney, and Marshal, 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 aforesaid, shall, before they act, as such respectively take an oath or affirmation before some Judge, or Justice of the Peace in the existing Territory of Michigan, duly commissioned and qualified to administer an oath or affirmation, 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 the said Governor or Secretary, or some Judge or Justice of the Territory who may be duly commissioned and qualified, which said oath or