proceedings

in the district of

ing therein,

igan, to be pro

the said territory of Michigan, from and after the aforesaid thirtieth day of June next.

Suits or legal SEC. 5. And be it further enacted, That all suits, procpending on the ess, and proceeding, which, on the thirtieth day of June 30th June, 1805, next, shall be pending in the court of any county, which country, or aris- shall be included within the said territory of Michigan; which forms the and also all suits, process, and proceedings, which on the territory of Mich- said thirtieth day of June next, shall be pending in the ceeded in to general court of the Indiana territory, in consequence of judgments, as if this act had not any writ of removal, or order for trial at bar, and which had been removed from any of the counties included within the limits of the territory of Michigan aforesaid, shall, in all things concerning the same, be proceeded on, and judg ments and decrees rendered thereon, in the same manner as if the said Indiana territory had remained undivided. SEC. 6. And be it further enacted, That Detroit shall be the seat of gov- the seat of government of the said territory, until Congress shall otherwise direct.

passed.

Detroit

ernment.

made

APPROVED, January 11, 1805.

ILLINOIS TERRITORY.

Act of February 3, 1809; 2 Stats., 514.

CHAP. XIII.—An Act for dividing the Indiana Territory into two separate governments. (a)

STATUTE II.

Feb. 3, 1809.

1800, ch. 41.

1801, ch. 16.

Indiana terri

Be it enacted by the Senate and House of Representatives Act of May 7, of the United States of America in Congress assembled, That Act of March 2, from and after the first day of March next, all that partAct of Feb. 26, of the Indiana territory which lies west of the Wabash 1808, ch. 20. river, and a direct line drawn from the said Wabash river tory divided, and Post Vincennes, due north to the territorial line be- and the Illinois tween the United States and Canada, shall, for the purpose of temporary government, constitute a separate territory, and be called Illinois.

formed.

similar to that

tory provided.

SEC. 2. And be it further enacted, That there shall be A government established within the said territory a government in all provided for the respects similar to that provided by the ordinance of Con- Northwest terrigress, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven, for the government of the territory of the United States, northwest of the river Ohio; and by an act passed on the seventh day of August, one thousand seven hundred and eighty-nine, intituled "An act to provide for the government of the territory 1789, ch. 8. northwest of the river Ohio;" and the inhabitants thereof shall be entitled to, and enjoy all and singular the rights, privileges and advantages, granted and secured to the people of the territory of the United States, northwest of the river Ohio, by the said ordinance.

&c., &c.

SEC. 3. And be it further enacted, That the officers for Officers duties, the said territory, who, by virtue of this act, shall be appointed by the President of the United States, by and with the advice and consent of the Senate, shall respectively exercise the same powers, perform the same duties, and receive for their services the same compensations, as by the

(a) Acts for the establishment and government of the Indiana territory

An act to divide the territory of the United States northwest of the river Ohio, into two separate governments, May 7, 1800, chap. 41. An act supplementary to "an act to divide the territory northwest of the river Ohio, into two separate governments," March 2, 1801, chap. 16.

An act making provision for the disposal of the public lands in the Indiana territory, and for other purposes, March 26, 1804, chap. 35

An act erecting Louisiana into two territories, and providing for the temporary government thereof, March 26, 1804, chap. 38, sec. 13.

An act extending the right of suffrage in the Indiana territory, February 26, 1808, chap. 24.

An act for dividing the Indiana territory into two separate governments, February 3, 1809, chap. 13. An act extending the right of suffrage in the Indiaña territory, and for other purposes, February 27, 1809, chap. 19.

An act to extend the right of suffrage in the Indiana territory, and for other purposes, March 3, 1811, chap. 38.

An act supplementary to the act entitled, "An act giving further time to the purchasers of public lands northwest of the river Ohio, to complete their payments," July 6, 1812, chap. 134.

An act for the regulation of the courts of justice in Indiana, February 24, 1815, chap. 54.

An act to enable the people of the Indiana territory to form a constitution and state government, and for the admission of such state into the Union, on an equal footing with the original states, April 19, 1816, chap. 57.

An act supplemental to the act entitled, "An act defining the duties of the judges of the territory of Illinois, and for vesting in the courts of the territory of Indiana a jurisdiction in chancery cases arising in the said territory," April 29, 1816, chap. 154.

S. Doc. 148

-3*

33

Proviso

Ordinance for

the government

in force in the

Illinois.

ordinance aforesaid, and the laws of the United States, have been provided and established for similar officers in the Indiana territory. And the duties and emoluments of superintendent of Indian affairs shall be united with those of governor: Provided, that the President of the United States shall have full power, in the recess of Congress, to appoint and commission all officers herein authorized, and their commissions shall continue in force until the end of the next session of Congress.

SEC. 4. And be it further enacted, That so much of the of the Northwest ordinance for the government of the territory of the United territory to be States northwest of the Ohio river, as relates to the organization of a general assembly therein, and prescribes the powers thereof, shall be in force and operate in the Illinois territory, whenever satisfactory evidence shall be given to the governor thereof that such is the wish of a majority of the freeholders, notwithstanding there may not be therein five thousand free male inhabitants of the age of twentyone years and upwards: Provided, that until there shall be five thousand free male inhabitants of twenty-one years and upwards in said territory, the whole number of representatives to the general assembly shall not be less than seven, nor more than nine, to be apportioned by the governor to the several counties in the said territory, agreeably to the number of free males of the age of twenty-one years and upwards, which they may respectively contain.

Government of Indiana, how af

SEC. 5. And be it further enacted, That nothing in this fected by this act, act contained shall be construed so as in any manner to affect the government now in force in the Indiana territory, further than to prohibit the exercise thereof within the Illinois territory, from and after the aforesaid first day of March next.

Suits, &c., &c.,

SEC. 6. And be it further enacted, That all suits, process how disposed of. and proceedings, which, on the first day of March next, shall be pending in the court of any county which shall be included within the said territory of Illinois, and also all suits, process and proceedings, which, on the said first day of March next, shall be pending in the general court of the Indiana territory, in consequence of any writ of removal, or order for trial at bar, and which had been removed from any of the counties included within the limits of the territory of Illinois aforesaid, shall, in all things concerning the same, be proceeded on, and judgments and decrees rendered thereon, in the same manner as if the said Indiana territory had remained undivided.

Arrearages of taxes land in

SEC. 7. And be it further enacted, That nothing in this the fillinois terri- act contained shall be so construed as to prevent the coltory still to be lection of taxes, which may on the first day of March next, be due to the Indiana territory on lands lying in the said territory of Illinois.

paid.

Kaskaskia

be the seat government.

of

to SEC. 8. And be it further enacted, That until it shall be otherwise ordered by the legislature of the said Illinois territory, Kaskaskia on the Mississippi river, shall be the seat of government for said Illinois territory.

APPROVED, February 3, 1809.

TERRITORY OF MISSOURI.

Act of June 4, 1812; 2 Stats., 743.

CHAP. XCV.—An Act providing for the government of the territory of Mis

souri. (a)

STATUTE I.

June 4, 1812.

[Obsolete.]

called Missouri.

Be it enacted by the Senate and House of Representatives Louisiana to be of the United States of America in Congress assembled, That the territory heretofore called Louisiana shall hereafter be called Missouri, and that the temporary government of the territory of Missouri shall be organized and administered in the manner herein after prescribed.

ure of office, gen

SEC. 2. And be it further enacted, That the executive Governor-tenpower shall be vested in a governor, who shall reside in eral powers, &c. the said territory; he shall hold his office during the term of three years, unless sooner removed by the President of the United States; shall be commander in chief of the militia of the said territory; shall have power to appoint and commission all officers civil and of the militia, whose appointments are not herein otherwise provided for, which shall be established by law; shall take care that the laws be faithfully executed; shall have power to grant pardons for offences against the said territory, and reprieves for those against the United States, until the decision of the President of the United States thereon shall be made known; shall have power on extraordinary occasions to convene the general assembly, and he shall ex officio be superintendent of Indian affairs.

SEC. 3. And be it further enacted, That there shall be a Secretary. secretary, whose commission shall continue in force for four years, unless sooner revoked by the President of the United States; he shall reside in the said territory; it shall be his duty, under the direction of the governor, to record His duty. and preserve all the proceedings and papers of the executive, and all the acts of the general assembly, and to transmit authentic copies of the same every six months to the President of the United States. In case of a vacancy of the office of governor, the government of the said territory shall be executed by the secretary.

SEC. 4. And be it further enacted, That the legislative Legislative power shall be vested in a general assembly, which shall power, &c. consist of the governor, a legislative council and a house

(a) An act to alter certain parts of the act providing for the government of the territory of Missouri, April 29, 1816, chap. 155.

An act further to regulate the territories of the United States, and their electing delegates to Congress, March 3, 1817, chap. 42.

of representatives. The general assembly shall have power to make laws in all cases, both civil and criminal, for the good government of the people of the said territory, not repugnant to or inconsistent with the constitution and laws of the United States; and shall have power to establish inferior courts, and to prescribe their jurisdiction and duties; to define the powers and duties of justices of the peace and other civil officers in the said territory, and to regulate and fix the fees of office, and to ascertain and provide for payment of the same, and for all other services rendered to the said territory, under the Governor's as- authority thereof. All bills having passed by a majority in the house of representatives, and by a majority in the legislative council, shall be referred to the governor for his assent, but no bill or legislative act whatever shall be of any force without his approbation.

sent to bills indis

pensable.

Number of the legislative council, &c.

ing members of council, &c.

SEC. 5. And be it further enacted, That the legislative council shall consist of nine members to continue in office five years, unless sooner removed by the President of the United States, any five of them shall be a quorum. The Mode of choos-members of the legislative council shall be nominated and the legislative appointed in the manner following: as soon as representatives shall be elected, they shall be convened by the governor as hereafter prescribed, and when met, shall nominate eighteen persons, residents in the said territory one year preceding their nomination, holding no office of profit under the territory of the United States, the office of justice of the peace excepted, and each possessing in his own right two hundred acres of land therein, and return the names to the President of the United States, nine of whom the President, by and with the advice and consent of the Senate, shall appoint and commission to serve as aforesaid; and when a vacancy shall happen in the legislative council, by death or removal from office, the house of representatives shall nominate two persons qualified as aforesaid for each vacancy, and return their names to the President of the United States, one of whom he, by and with the advice and consent of the Senate, shall appoint and commission for the residue of the term: and every five years, four months at least before the expiration of the time of service of the members of the legislative council, the house of representatives shall nominate eighteen persons, qualified as aforesaid, and return their names to the President of the United States, nine of whom shall be appointed and commissioned as aforesaid, to serve as members of the legislative council five years, if not sooner removed. No person shall be a member of the legislative council who hath not attained to the age of twenty-five years.

House of Representatives.

SEC. 6. And be it further enacted, That the house of representatives shall be composed of members elected every second year by the people of the said territory, to Ratio of repre-serve for two years. For every five hundred free white male inhabitants there shall be one representative, and so on progressively with the number of free white male in

sentation, &c.