Delegate to the

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 House of Repre- 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

brary.

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, 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

Iowa.

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 the territory of 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.

S. Doc. 148

-5

65

of Wisconsin

tory thus consti

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 Wistuted, to cease. consin 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.

the Territory to

His duties.

A Secretary of SEC. 3. And be it further enacted, That there shall be a be appointed. 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

at as governor

cancy.

of the Governor during such vacancy or necessary absence, or until another Governor shall be duly appointed to fill

such vacancy.

power, how vest

ment of repre

inhabitants

of

SEC. 4. And be it further enacted, That the legislative Legislative power shall be vested in the Governor and a Legislative ed. Assembly. The Legislative Assembly shall consist of a Council and House of Representatives. The Council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall consist of twenty-six members possessing the same qualifications as prescribed for the members of the Council, and whose term of service shall continue one year. An appor- Apportiontionment shall be made as nearly equal as practicable, sentation. 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 Members to be the council and House of Representatives shall reside in the district for and be inhabitants of the district for which they may be which elected. 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, 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 First election. 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 Representa-ing the greatest tives to which each of the counties or districts are entitled number of votes 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 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, Proviso. 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. SEC. 5. And be it further enacted, That every free white Qualifications male citizen of the United States, above the age of twenty

Gov'r to declare the persons hav

to be elected.

of voters.

Proviso.

Powers of the Legislature.

Restrictions.

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.

SEC. 6. 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 Laws to be sub- the lands or other property of residents. All the laws of gress for ap- 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.

mitted to Con

proval.

Officers to be elected by the people.

Officers, appointed.

Vacancies.

SEC. 7. 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 is now prescribed by the laws of the Territory of Wisconsin, or as may, after the first election, be provided by the Governor and Legishow lative Assembly of 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 the Council, shall be filled by appointments from the Governor, which shall expire 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.

Disqualifications for office.

Judicial power, how vested.

Supreme court.

SEC. 8. And be it further enacted, That no member of the Legislative Assembly shall hold, or be appointed to, any office created, or the salary and 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.

SEC. 9. 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 the term of four years. The said Ter