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district of Ohio, shall, from and after the passage of this act, be first Mondays held at Columbus, in said district, on the first Mondays of Sepand January. tember and January; in each and every year; and that all causes,
actions, suits, process, pleadings, and other proceedings, of every , &c. to be continue description, that are, or shall be, existing or depending in the ed over, &c. said circuit court, shall be continued over and returnable to the
said circuit court to be held at Columbus as aforesaid, and shall be
proceeded with in due form of law.
court, shall be continued over and returnable to the said district
Chap. 20. An act to authorize the perple of the Missouri territory to forin a constitution
and state government, and for the admission of such stato into ihe Union on an equal
looting with the original states, and to prohibit slavery in certain territories. The inhabi
$1. Be it enacted, fc. That the inhabitants of that portion of
name as they shall deem proper ; and the said state, when form-
the original states, in all respects whatsoever.
cluded within the following boundaries, to wit: Beginning in
the course of the Mississippi river, in the middle of the main Proviso ; the channel thereof, to the place of beginning: Provided, The said state to ratify state shall ratify the boundaries aforesaid ; And provided also, ries, and have That the said. state shall have concurrent jurisdiction on the river
Mississippi, and every other river bordering on the said state, so concurrent ju
risdiction of far as the said rivers shall form a common boundary to the said rivers. state and any other state or states, now or hereafter to be formed and bounded by the same; such rivers to be common to both; and that the river Mississippi, and the navigable rivers and wa- Rivers, &c. te ters leading into the same, shall be common highways, and for highways and ever free, as well to the inhabitants of the said state as to other free. citizens of the United States, without any tax, duty, impost, or toll, therefor, imposed by the said stale.
§ 3. That all free while male citizens of the United States, Qualifications who shall have arrived at the age of twenty-one years, and have
of electors and
elected, to resided in said territory three months previous to the day of furm a conelection, and all other persons qualified to vote for representa- vention. tives to the general assembly of ihe said territory, shall be qualified to be elected, and they are hereby qualified and authorized to vote, and choose representatives to form a convention, who shall be apportioned amongst the several counties as follows: From the county of Howard, five representatives. From the Apportioncounty of Cooper, ihree representatives. From the county of mento e preMontgomery, iwo representatives. From the county of Pike, form a con
vention, une representative. From the county of Lincoln, one representative. From the county of St. Charles, Ihree representatives. From the county of Franklin, one representative. From the county of St. Louis, eight representatives. From the county of Jefferson, one representative. From the county of Washington, three representatives. From the county of St. Genevieve, four representatives. From the county of Madison, one representative. From the county of Cape Girardeau, five representatives. From the county of New Madrid, iwo representatives. From the county of Wayne, and that portion of ihe county of Lawrence that falls within the boundaries herein designated, one representative. And the election for the representatives Election on aforesaid shall be holden on the first Monday, and iwo succeed- day or May ing days, of May next, throughout the several counties aforesaid and two days in the said territory, and shall be, in every respect, held and following, &c. conducted in the same manner, and under the same regulations, as is prescribed by the laws of the said territory regulating elections Therein for members of the general assembly, except that the returns of the election in that partion of Lawrence county, included in the boundaries aforesaid, shall be made to the county of Wayne, as is provided in other cases under the lass of said territory.
§ 4. That the members of the convention thus duly elected Members of. shall be, and they are hereby, authorized to meet, at the seat of meet at the government of said territory, on the second Monday of the month seat of govof June next; and the said convention, when so assembled, shall the second have power and authority to adjourn to any other place in the Monday of
c said territory, which to them shall seem best for the convenient transaction of their business; and which convention, when so
determine on met, shall first determine, by a majority of the whole number the formation elected, whether it be, or be not, expedient at that time to form of a constitu
tion, or other a constitution and state government for the people within the wise. said territory, as included within the boundaries above designat
Convention to titled to one
tion-section No. 16 for schools.
ed ; and, if it be deemed expedient, the convention shall be, and hereby is, authorized to form a constitution and state government; or, if it be deemed more expedient, the said convention shall provide by ordinance for electing representatives to form a constitution or frame of government, which said representatives shall be chosen in such manner, and in such proportion, as they shall designate ; and shall meet at such time and place as shall be prescribed by the said ordinance; and shall then form for the
people of said territory, within the boundaries aforesaid, a conProviso ; con- stitution and state government: Provided, That the same, when
to republican, ever formed, shall be republican, and not repugnant to the con&c. stitution of the United States; and that the legislature of said Conditions,
state shall never interfere with the primary disposal of the soil by the United States, nor with any regulations congress may find necessary for securing the title in such soil to the bona fide purchasers; and that no tax shall be imposed on lands the property of the United States ; and in no case shall non-resident proprie
lors be taxed higher than residents. The state en- $5. That, until the next general census shall be taken, the representativo said state shall be entitled to one representative in the house of in congress. representatives of the United States. Propositions $ 6. That the following propositions be, and the same are convention for hereby, offered to the convention of the said territory of Missouacceptance or ri, when formed, for their free acceptance or rejection, which, if rejoction.
accepted by the convention, shall be obligatory upon the United Ist proposi
States : First. That section numbered sixteen in every township, and when such section has been sold, or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be,
shall be granted to the state for the use of the inhabitants of such 2d proposition township, for the use of schools. Second. That all salt springs, and lands ad. not exceeding twelve in number, with six sections of land adjacent for the
joining to each, shall be granted to the said state for the use of said state, the same to be selected by the legislature of the said state, on or before the first day of January, in the year one thousand eight hundred and twenty-five; and the same, when so se
lected, to be used under such terms, conditions, and regulations, Proviso; salt springs con
as ihe legislature of said state shall direct: Provided, That no firmed to indi- salt spring, the right whereof now is, or hereaster shall be, conviduals, &c.
firmed or adjudged to any individual or individuals, shall, by this Proviso : salt springs not to section, be granted to said state: And provided also, That the be leased for legislature shall never sell or lease the same, at any one time, for years.
a longer period than ten years, without the consent of congress. 3d proposition Third. That five per cent of the nett proceeds of the sale of lands 5 per cena lying within the said territory or state, and which shall be sold ceeds of sales by congress, froin and after the first day of January next, after of land for public roads
deducting all expenses incident to the same, shall be reserved and canals. for making public roads and canals, of which three fifths shall
be applied to those objects within the state, under the direction of the legislature thereof; and the other two fifths in defraying,
under the direction of congress, the expenses to be incurred in 4th proposi- making of a road or roads, canal or canals, leading to the said tion-4 sec- state. Fourth. That four entire sections of land be, and the tions of land
same are hereby, granted to the said state, for the purpose of fixe government. ing their seat of government thereon ; which said sections shall,
use of the stato,
more than 10
for a seat of
tions of land
that lands sold
under the direction of the legislature of said state, be located, as near as may be, in one body, at any time, in such townships and ranges as the legislature aforesaid may select, on any of the public lands of the United States : Provided, That such loca- Proviso ; locaiions shall be made prior to the public sale of the lands of the
public sale of United States surrounding such location. Fifth. That thirty-six surrounding sections, or one entire township, which shall be designated by sin proposithe president of the United States, together with the other lands tion-36 seca heretofore reserved for that purpose, shall be reserved for the use
for a seminary of a seminary of learning, and vested in the legislature of said of learning. slale, lo be appropriated solely to the use of such seminary by the said legislature: Provided, That the five foregoing proposi- Proviso; the
five foregoing tions herein offered, are on the condition that the convention of
propositions the said state shall provide, by an ordinance, irrevocable without on condition the consent of the United States, that every and each tract of by the U. land sold by the United States, from and after the first day of States be exJanuary next, shall remain exempt from any tax laid by order or es for five under the authority of the state, whether for state, county, or
years ; and,
bounty lands township, or any other, purpose whatever, for the term of five for three years from and after the day of sale ; And further, That the years. bounty lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees, or their heirs, remain exempt as aforesaid from taxation for the term of three years from and after the date of the patents respectively. § 7. That in case a constitution and state government shall A true and abr
of be formed for the people of the said territory of Missouri, the the constiiusaid convention, or representatives, as soon thereafter as may be, tion to be shall cause a true and altested copy of such constitution, or congress. frame of state government, as shall be formed or provided, to be transmitted to congress.
$ 8. That in all that territory ceded by France to the United Slavery, &c. States, under the name of Louisiana, which lies north of thirty- bibited in the six degrees and thirty minules north latitude, not included with territory north in the limits of the state contemplated by this act, slavery and ininutes north involuntary servitude, otherwise than in the punishment of crimes, cept Missouri. whereof the parties shall have been duly convicted, shall be, and is hereby, forever prohibited : Provided always, That any person tives may be escaping into the same, from whom labor or service is lawfully reclaimed. claimed, in any state or territory of the United States, such fugitive may be law fully reclaimed and conveyed to the person claining his or her labor or service as aforesaid. (Approved, March 6, 1820.) CHAP. 21. An act in addition to an act, entitled “ An act regulating the post office establish
of the senato
$1. Be it enacted, & c. That, during the present and every subse- The president quent session of congress, all letters and packets to and from the
pro tempore, president of the senate pro tempore, and ihe speaker of the house and speaker of representatives for the time being, shall be received and con- entitled, &c. veyed by mail, free of postage, under the same restrictions as are provided by law with respect to letters and packets to and from the vice president of the United States. [Approved, March 13 1820.] VOL. III.
Vol. iii. Po
CHAP. 22. An act to provide for taking the fourth census, or enumeration of the inhabi-ants 1821.
of the United States, and for other purposes. Marshals of $1. Be it endcted, &c. That the marshals of the several distrets districtions of the United States, and of the District of Columbia, and of the
territories of Missouri, Michigan, and Arkansas, respectively, shall number of in- be, and they are hereby, authorized and required, under ihe dibe taken, un- rection of the secretary of state, and according to such instrucder the directions as he shall give, pursuant to this act, to cause the number of retary of state. the inhabitants within their respective districts and territories to Classes to be be taken, omitting, in such enumeration, Indians not taxed, and enumerated. distinguishing free persons, including those bound to service for
a term of years, from all others; distinguishing, also, the sexes and colors of free persons, and the free males under ten years of age; those of ten years, and under sixteen; those of sixteen, and under twenty-six ; those of twenty-six, and under forty-five; and those of forty-five and upwards; and, also, distinguishing free females under ten years of age; those of ten, and under sixteen; those of sixteen, and under twenty-six ; those of iwenty-six, and under forty-five; and those of forty-five and upwards;
and, also, distinguishing the number of persons engaged in agriMarshals may culture, commerce, and manufactures, respectively. For effectappoint assisi- ing which, the marshals aforesaid shall have power, and they are
hereby, respectively, authorized and required, to appoint one or more assistants in each county and city, in their respective dis
tricts and territories, residents of the county and city for which A division to they shall be appointed, and shall assign a certain division to each assistant.
each of the said assistants, which division shall not consist of more than one county or city, but may include one or more towns, townships, wards, hundreds, or parishes, plainly and dis
tinctly bounded by water courses, mountains, public roads, or Enumeration other monuments. And the said enumeration shall be made by by actual en- an actual enquiry at every dwelling house, or of the head of every Marshals and family, and not otherwise. The marshals and their assistants assistants to take an oath,
shall, respectively, take an oath or affirmation, before some judge &c. or justice of the peace, resident within their respective districts
or territories, before they enter on the duties required by this act. Form of mar- The oath or affirmation of the marshal shall be as follows: 1, A
B, marshal of the district of -do solemnly swear, (or affirm,) that I will well and truly cause to be made, a just and perfect enumeration and description of all persons resident within my district, (or territory,) and also an account of the manufactures, except household manufactures, and return the same to the secretary of state, agreeably to the directions of an act of congress, entitled “ An act to provide for taking the fourth census or enumeration of the inhabitants of the United States,
and for other purposes,” according to the best of my ability. Form of assis. The oath or affirmation of an assistant shall be: 1, A B, do soltant's oath. emnly swear, (or affirm,) that I will make a just and perfect enu
meration and description of all persons resident within the division assigned to me for that purpose, by the marshal of and also an account of the manufactures, except household manufactures, and make due return thereof to the said marshal, agreeably to the directions of an act of congress, en