1838 of J. P. Aus ler for damages been sustained in certain contract, of John P. Austin and Edward N. Tailer, acting under the firm Sec. War to ex of Austin and Tailer, for damages which they allege they susamine the claim tained in the execution of a contract entered into by them, in eighteen hundred and thirty-two, for the delivery of a quantity alleged to have of stone in the harbor of Charleston, South Carolina; that he the execution of a procure such further testimony as to him may appear necesand certify the sary; that he adjust and settle said claim, allowing them such due, to the Sec. sum as may be justly their due; and that he certify such sum' as he shall so find to be due to the Secretary of the Treasury. SEC. 2. And be it further enacted, That the Secretary of the Tailer, the sum Treasury pay, out of any unappropriated money, to John P. shall certify to be Austin and Edward N. Tailer, such sum as the Secretary of War may certify to him, as is provided in the first section of this act, to be due to said Austin and Tailer. sum he shall find of the Trea. Sec. Trea. to pay Austin and the Sec. of War due. Approved, June 7th, 1838. the present Ter 3d July next, constitute the Territory of Io wa. of Wisconsin, hereby constitut 3d July next, Proviso. CHAP. 96. An ACT to divide the Territory of Wisconsin and to establish the [SEC. 1.] Be it enacted, by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the third day of July next, all What part of that part of the present Territory of Wisconsin which lies west ritory of Wiscon- of the Mississippi river, and west of a line drawn due North sin, shall, after from the head waters or sources of the Mississippi to the Territorial line, shall, for the purposes of temporary Government, be and constitute a separate Territorial Government by the name of Iowa; and that from and after the said third day of July next, the present Territorial Government of Wisconsin shall extend only to that part of the present Territory of Wisconsin which lies east of the Mississippi river. And after the The authority said third day of July next, all power and authority of the over the territory Government of Wisconsin, in and over the Territory hereby ed, to cease after constituted shall cease: Provided, That nothing in this act contained shall be construed to impair the rights of person or property, now appertaining to any Indians within the said Territory so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to impair the obligations of any treaty now existing between the United States and such Indians, or to impair or anywise to affect the authority of the Government of the United States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty or law, or otherwise, which it would have been competent to the Government to make if this act had never been passed: Provided, That nothing in this act contained shall be construed to inhibit the Government of the United States from dividing the Territory hereby established into one or more other Territories in such manner and at such times as Congress shall, in its discretion, deem convenient and proper, or from attaching any portion of said Territory to any other state or Territory of the United States. Proviso. 1838. power vested in three years, &c. Powers and du ties of the Gover nor. SEC. 2. And be it further enacted, That the executive power and authority in and over the said Territory of Iowa shall be Executive vested in a Governor, who shall hold his office for three years, a Governor, to be unless sooner removed by the President of the United States. appointed for The Governor shall reside within the 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 of all laws passed by the Legislative Assembly before they shall take effect; he may grant pardons for offences against the laws of the said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; 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. A Sec. of the Terry. to be ap pointed for four years, &c. Duties of the Secretary. SEC. 3. And be it further enacted, That there shall be a Secretary of the 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 proceedings, on or before the first Monday in 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, for the use of Congress. And in case of the death, removal, resignation, or necessary absence of the Governor The Secretary from the Territory, the Secretary shall have, and he is hereby nor in case of a authorized and required to execute and perform all the powers vacancy. and duties of the Governor during such vacancy or necessary absence, or until another Governor shall be duly appointed to fill such vacancy: to act as Gover power vested in sembly. sembly to consist House of Reps. House of Reps. SEC. 4. And be it further enacted, That the legislative Legislative power shall be vested in the Governor and a Legislative As- the Govt. and a sembly. The Legislative Assembly shall consist of a Council Legislative As and House of Representatives. The Council shall consist of Legislative As. thirteen members, having the qualifications of voters as herein- of a council and after prescribed, whose term of service shall continue two 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 one year. An apportionment shall be made as nearly Apportionment equal as practicable, among the several counties, for the elec- tion tion 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 Members to of the council and House of Representatives shall reside in the dist. for and be inhabitants of the district for which they may be which elected. elected. Previous to the first election, the Governor of the Previous to the Territory shall cause the census or enumeration of the inha-Gov. to have the bitants of the several counties in the Territory to be taken, of representa be inhabitants of first election the census taken, un 1838. First election, to be held, &c. as the Govr. shall direct &c. the persons hav and made by the sheriffs of the said counties, respectively, unless the same shall have been taken within three months previous to the third day of July next, 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 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 Govr. to declare declared by the said Governor to be duly elected to the said ing the greatest Council; and the person or persons having the greatest number number of votes 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, 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. to be elected. Proviso. Qualifications of voters, &c. at SEC. 5. And be it further enacted, That every free white male the first election, citizen of the United States, above the age of twenty-one 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. At all subse quent elections. Previso, Legislature. Kestrictions. SEC. 6. And be it further enacted, That the legislative Powers of the 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 Laws to be sub- other property of residents. All the laws of the Governor and gress for approv. 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. mitted to Con ul. Officers to be people. SEC. 7. And be it further enacted, That all township officers, elected by the 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 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 1838. Officers to be appointed by the advice and con Govr. with the sent of the Legis Vacancies oc 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 lative Council. the Council, shall be filled by appointments from the Governor, curring in the rewhich shall expire at the end of the next session of the Legis- cil, how filled. lative 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. cess of the Coun SEC. 8. And be it further enacted, That no member of the Disqualifica. Legislative Assembly shall hold, or be appointed to, any office tions for 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. vested in a supreme court, dist. courts, probate courts, and jus tices of the peace. Supreme court. the several SEC. 9. And be it further enacted, That the judicial power 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 the term of four years. The said Territory shall be divided into three judicial districts; and a district court or courts shall held in District courts. 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 Jurisdictions jurisdiction of the several courts herein provided for, both courts. appellate and original, and that of the probate courts, and of the justices of the peace, shall be as limited by law: Provided, Proviso. 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 a chancery as well as a common law jurisdiction. Eich 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 1838. supreme court shall trial by jury be allowed in said court., Thé 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 courts of Wisconsin Territory now receives for similar services. An attorney to be appointed for fees, &c. appointed for SEC. 10. And be it further enacted, That there shall be an four years-his 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 A marshal to be the United States, for the present Territory of Wisconsin. four years his There shall also be a marshal for the Territory appointed, who duties, fees, &c. 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 present Territory of Wisconsin; and shall, in addition, be paid the sum of two hundred dollars annually, as a compensation for extra services. Officers to be appointed by the President with consent of the the advice and Senate. SEC. 11. 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 Governor and 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 secretary to take an oath. &c. |