Attorneys to be appointed. Marshal. Governor, &c., by the Senate. 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. 10. 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 issued 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. 11. And be it further enacted, That the Governor, to be approved 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 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 two thousand five hundred dollars for his services as Governor and as superintendent of Indian affairs. The said Chief Justice and Associate Judges shall each receive an annual salary of eighteen hundred dollars. The Secretary shall receive an annual Salaries. salary of twelve hundred dollars. 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 each per day, during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usuallytravelled route. There shall be appropriated, annually, the sum of three hundred and fifty dollars, to be expended by the Governor to defray the contingent expenses of the Territory, and 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. penses. der the Territo July, 1787, ex secured to Michi SEC. 12. And be it further enacted, That the inhabitants Rights, &c., unof the said Territory shall be entitled to, and enjoy, all and rial compact of singular the rights, privileges, and advantages, granted tended to Wisand secured to the people of the Territory of the United consin. States northwest of the river Ohio, by the articles of the compact contained in the ordinance for the government of the said Territory, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven; and shall be subject to all the conditions and restrictions and prohibitions in said articles of compact imposed upon the people of the said Territory. The said inhabitants shall also be And also those entitled to all the rights, privileges, and immunities, here- gan. tofore granted and secured to the Territory of Michigan, and to its inhabitants, and the existing laws of the Territory of Michigan shall be extended over said Territory, so far as the same shall not be incompatible with the provisions of this act, subject, nevertheless, to be altered, modified, or repealed, by the Governor and Legislative Assembly of the said Territory of Wisconsin; and further, the laws of the United States are hereby extended over, and shall be in force in, said Territory, so far as the same, or any provisions thereof may be applicable. sions, when held. SEC. 13. And be it further enacted, That the Legislative Legislative sesAssembly of the Territory of Wisconsin shall hold its first session at such a time and place in said Territory as the Governor thereof shall appoint and direct; and at said session, or as soon thereafter as may by them be deemed expedient, the said Governor and 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 twenty thousand dollars, to be paid out of any money in the Treasury, not otherwise appropriated, is hereby Delegate to the House of Repre United States. given to the said Territory, which shall be applied by the Governor and Legislative Assembly to defray the expenses of erecting public buildings at the seat of government. SEC. 14. And be it further enacted, That a Delegate to sentatives of the the House of Representatives of the United States, to serve for the term of two years, 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 have been granted to the Delegates from the several Territories of the United States to the said House of Representatives. The first election shall be held at such time and place or places, and be conducted in such manner, as the Governor shall appoint and direct. 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 to the person so elected. Provision respecting unde SEC. 15. And be it further enacted, That all suits, proctermined suits. ess, and proceedings, and all indictments and informations which shall be undetermined on the third day of July next, in the courts held by the additional judge for the Michigan Territory, in the counties of Brown and Iowa; and all suits, process and proceedings, and all indictments and informations which shall be undetermined on the said third day of July, in the county courts of the several counties of Crawford, Brown, Iowa, Dubuque, Milwalke [Milwaukie], and Des Moines, shall be transferred to be heard, tried, prosecuted, and determined, in the district courts hereby established, which may include the said counties. Five thousand dollars for the SEC. 16. And be it further enacted, That all causes which shall have been or may be removed from the courts held by the additional judge for the Michigan Territory, in the counties of Brown and Iowa, by appeal or otherwise, into the supreme court for the Territory of Michigan, and which shall be undetermined therein on the third day of July next, shall be certified by the clerk of the said supreme court, and transferred to the supreme court of said Terriritory of Wisconsin, there to be proceeded in to final determination, in the same manner that they might have been in the said supreme court of the Territory of Michigan. SEC. 17. And be it further enacted, That the sum of five purchase of a li- thousand dollars be, and the same is hereby, appropriated, brary. out of any money in the Treasury not otherwise appropriated, to be expended by and under the direction of the Legislative Assembly of said Territory, in the purchase of a library for the accommodation of said Assembly, and of the supreme court hereby established. APPROVED, April 20, 1836. TERRITORY OF IOWA. Act of June 12, 1838; 5 Stats., 235. CHAP. XCVI.—An Act to divide the Territory of Wisconsin and to establish the Territorial Government of Iowa. (a) STATUTE II. June 12, 1838. tory of Wisconsin the territory of Be it enacted by the Senate and House of Representatives What part of of the United States of America in Congress assembled, That the present terrifrom and after the third day of July next, all that part of shall constitute the present Territory of Wisconsin which lies west of the Iowa. Mississippi River, and west of a line drawn due north 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 (a) Acts relating to the territory of Iowa: An act to divide the territory of Wisconsin, and to establish the territorial government of Iowa, June 12, 1838, cnap. 96. An act to authorize the President of the United States to cause the southern boundary line of the territory of Iowa to be ascertained and marked, June 18, 1838, chap. 116. Appropriation for erecting public buildings in the territory of Iowa; act of July 7, 1838, chap. 169, sec. 5. Post routes in Iowa; act of July 7, 1838, chap. 172. An act making a donation of land to the territory of Iowa for the purpose of erecting public buildings thereon, March 3, 1839, chap. 77. An act granting to the Judges of the Supreme Court of Iowa, the same compensation as by law is given to the Judges of the Supreme Court of Wisconsin; March 3, 1839, chap. 79. Appropriation for the survey of the southern boundary of Iowa; act of March 3, 1839, chap. 81. An act to alter and amend the organic law of the territories of Wisconsin and Iowa, March 3, 1839, chap. 90. An act granting two townships of land for the use of a university in the territory of Iowa; July 20, 1840, chap. 89. Appropriations for the Iowa Territory. Proviso that the Legislative Assembly of the territory shall exceed the amount appropriated by Congress for its annual expenses; act of May 18, 1842, chap. 29. An act to authorize the county commissioners of Linn County, in the territory of Iowa, to enter, by legal subdivisions, a quarter section of land, upon which the county seat has been located; July 27, 1842, chap. 104. An act regulating the services of the several judges of the territory of Iowa; August 11, 1842, chap. 129. An act to grant preemption rights to settlers on the "Dubuque claim," so called, in the territory of Iowa; August 16, 1842, chap. 182. An act to authorize the selection of school lands in lieu of those granted to the half-breed of the Sac and Fox Indians; August 23, 1842, chap. 194. An act giving the assent of Congress to the holding of an extra session of the Legislative Assembly of the territory of Iowa: April 30, 1844, chap. 16. An act making appropriations for certain improvements in the territory of Iowa; June 15, 1844, chap. 66. An act respecting the northern boundary of the state of Missouri; June 17, 1844, chap. 97. An act to authorize the selection of certain school lands in the territories of Florida, Iowa, and Wisconsin; June 15, 1844, chap. 55. An act granting to the county of Dubuque certain lots of ground in the town of Dubuque; June 15, 1844, chap. 56. An act for the admission of the states of Iowa and Florida into the Union; March 3, 1845, chap. 48. An act supplemental to the act for the admission of Florida and Iowa into the Union, and for other purposes, March 3, 1845, chap 75. An act supplemental to the act for the admission of the states of Iowa and Florida into the Union; March 3, 1845, chap. 76. -5* S. Doc. 148 65 tory thus constituted, to cease. Proviso. Proviso. The authority Mississippi River. And after the said third day of July over the terri- next, all power and authority of the Government of Wisconsin in and over the Territory hereby 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. SEC. 2. And be it further enacted, That the executive A governor; his power and authority in and over the said Territory of Iowa powers and du- shall be vested in a Governor, who shall hold his office for three years, unless sooner removed by the President of the United States. 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 pardon 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. Executive power vested in ties. A Secretary of His duties. SEC. 3. And be it further enacted, That there shall be a the Territory to 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 Secretary to Congress. And in case of the death, removal, resignation, in case of a va- or necessary absence of the Governor from the Territory, the Secretary shall have, and he is hereby authorized and required to execute and perform all the powers and duties act as governor cancy. |