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AN ACT establishing the territorial government of Wisconsin.
Be it enacted, by the senate and house of rep-b And after the said third day of July next, all resentatives of the United States of America in power and authority of the government of Michcongress assembled, That from and after the igan in and over the territory hereby constituted, third day of July next, the country included shall c ase: Provided, That nothing in this wiihin the following boundaries shall constitute (o contained shall be construed to impair the a separate territory, for the purpose of tempora. rights of person or property now appertaining ry government, by the name of Wisconsin; that to any Indians within the said territory, so long is to say:
Bounded on the east by a line drawn as such rights shall remain unextinguished by from the northeast corner of the State of Illinois, treaty between the United States and such Inthrough the midille of Lake Michigan, to a point dians, or to impair the obligations of any treaty in the middle of said lake, and opposite the main now existing between the Enited States and such channel of Green Bay, and through said chan. Indians, or to impair or any wise to affect the aunel and Green Bay to the mouth of the Meno. thority of the government of the United States monie river; thence through the middle of the to make any regulations respecting such Inmain channel of said river, to tbat head of said dians, thóir lands, property, or other rights, hy river nearest to the Lake of the Desert; thence treaty, or law, or otherwise, wbich it would in a direct line to the middle of said lake; thence bave been competent to the government to make through the middle of the main channel of the if this act had never been passed; Provided, Montreal river, to its mouth; thence with a di. That pothing in this act contained shall be conrect line across Lake Superior, to where the strued to inhibit the government of the United territorial line of the United States last touches States from dividing the territory berehy esBaid lake northwest; thence on the north, with tablished into one or more other territories, in the said territorialline, to the White-earth river; such manner, and at such times, as Congress on the west, by a, line from the said boundary shall, in its discretion, deem convenient and line fillowing down the middle of the main chap- proper, or from attaching any portion of said nel of White-earth river, to the Missouri river, territory to any other State or territory of the and down the middle of the main channel of the United States. Missouri river to a point due west from the north- Sec. 2. And be it further enacted, That the west corner of the State of Missouri; and on the executive power and authority in and over the soath, from said point, due east to the north- said territory sball be vested in a governor, who west corner of the State of Missouri ; and thence shall hold his office for three years, unless with the boundaries of the States of Missouri sooper removed by the President of the United and Illinois, as already fixed by acts of Congress. Sutes. The governor shall reside with the
TERRITORIAL GOVERNMENT OF WISCONSIN,
said territory, shall be commander-in-chief of district for which they may be elected. Prethe militia thereof, shall perform the duties and 'vious to the first election, the governor of the receive the emoluments of superintendent of territory shall cause the census or enumeration Indian affairs, and shall approve of all laws of the inhabitants of the several counties in the passed by the legislative assembly before they territory to be taken and made by tie sheriffs of shall take effect; he may grant pardons for the said counties, respectively, and returns offences against the laws of the said territory, thereof mad by said sheriffs to the governor. and reprieves for offenses against the laws of the The first election shall be held at such time and United States, until the decision of the President place, and be conducted in such manner as the can be made known thereon ; he shall commis- governor shall appoint and direct; and he shall, sion all officers who shall be appointed to office at the same time, declare the number of meinunder the laws of the said territory, and shall bers of the council and house of representatives take care that the laws be faithfully executed. to which each of the counties is entitled under ·
Sec. 3. And be it further enacted, That this act. The number of persons authorized to there shall be a secretary of the said territory, , be elected having the greatest number of votes who shall reside therein, and hold his office for in each of the said counties for the council shall four years, unless sooner removed by the Pres- ! be declared, by the said governor, to be duly ident of the United States; he shall record and elected to the said council; and the person or preserve all the laws and proceedings of the persons liaving the greatest number of votes for legislative assembly hereinafter constituted, and the house of representatives, equal to the number all the acts and proceedings of the governor in to which each county may be entitled, shall also bis executive department; he shall transmit one be declare?, by the governor, to be duly elected; copy of the laws and one copy of the executive pro. Provided, The governor shall order a new elecceedings on or before the first Monday in December tion when there is a tie between two or more in each year, to the President of the United States: persons voted for, to supply the vacancy made and at the same time, two copies of the laws to by such tie. And the persons thus elected to the speaker of the house of reprezentatives, for the legislative assembly shall meet at such place the use of congress. And in case of the death, on such day as he shall appoint; but, thereremoval, resignation, or necessary absence, of after, the time, place and manner of holding and the governor from the territory, the secretary conducting all elections by the people, and the shall have, and he is hereby authorized and re- apportioning the representation in the several quired to execute and perform, all the powers counties to the council and house of representaand duties of the governor during such vacancy tives, according to population, shall be preor necessary absence.
scribed by law, as well as the day of the annual Sec. 4. And be it further enacted, That the commencement of the session of the said legislegislative power shall be vested in a governor, lative assembly ; but no session, in any year, and a legislative assembly. The legislative as. shall exceed the term of seventy-five days. sembly shall consist of a council and house of Sec. 5. And be it further enacted, That representatives. The council shall consist of every free white male citizen of the United thirteen members, having the qualifications of States, above the age of twenty-one years, who voters as hereinafter prescribed, whose term of shall have been an inhabitant of said territory service sball continue four years. The house at the time of its organization, shall be entitled of representatives shall consist of twenty-six to vote at the first election, and shall be eligible members, possessing the same qualifications as to any office within the said territory ; but the prescribed for the members of the council, and qualifications of voters at all subsequent elecwhose term of service shall continue two years. Itions shall be such as shall be determined by the An apportionment shall be made, as nearly equal legislative assembly; Provided, That the right as practicable, among the several counties, for of suffrage shall be exercised only by citizens of the election of the council and representatives, the United States. giving to each section of the territory represen- Sec. 6. And be it further enacted, That the tation in the ratio of its population, Indians ex. legislative power of the territory shall extend to cepted, as nearly as may be. And the said all rightful subjects of legislation; but no law members of the council and house of representa shall be passed interfering with the primary distives shall reside in and be inhabitants of thel posal of the soil; no tax shall be imposed upon
TERRITORIAL GOVERNMENT OF WISCONSIN.
the property of the United States; por shall the late and original, and that of the probate courts, lands or other property of non-residents be taxed and of the justices of the peace, shall be limited higher than the lands or other property of res- by law: Provided, however, That justices of idents. All the laws of the governor and legis- the peace shall not have jurisdiction of any matlative assembly shall be submitted to, and, if ter of controversy, when the title or boundaries disapproved by the Congress of the United of land may be in dispute, or where the debt or States, the same shall be null and of no effect. sum claimed exceeds fifty dollars. And the said
Sec. 7. And be it further enacted, That all supreme and district courts, respectively, shall township officers and all county officers, except possess chancery as well as common law jurisjudicial officers, justices of the peace, sheriffs, diction. Each district court shall appoint its and clerks of courts, shall be elected by the clerk, who shall keep his office at the place people, in such manner as may be provided by where the court may be held, and the said clerks the governor and legislative assembly. The shall also be the registers in chancery; and any governor shall nominate, and, by and with the vacancy in said office of clerk, happening in the advice and consent of the legislative council, vacation of, said court, may be filled by the judge shall appoint all judicial officers, justices of the of said district, which appointment shall conpeace, sheriffs, and all militia officers, except tinue until the next term of said court. And those of the staff, and all civil officers not herein writs of error, bills of exception, and appeals in provided for. Vacancies occurring in the re- chancery causes, shall be allowed in all cases, cess of the council shall be filled by appoint- from the final decisions of the said district courts ments from the governor, which shall expire at to the supreme court, under such regulations as the end of the next session of the legislative as may be prescribed by law; but in no case resembly; but the said governor may appoint, in moved to the supreme court, shall a trial by jury the first instanco, the aforesaid officers, who be allowed in said court. The supreme court shall hold their offices until the end of the next may appoint its own clerk, and every clerk shall session of the said legislative assembly.
hold his office at the pleasure of the court by Sec. 8. And be it further enacted, That no which he shall have been appointed. And writs member of the legislative assembly shall hold of error and appeals from the final decisions of or be appointed to any office created, or the the said supreme court shall be allowed and salary or emoluments of which shall have been taken to the supreme court of the United States, increased whilst he was a member, during the in the same manner, and under the same reguterm for which he shall have been elected, and lations, as from the circuit courts of the United for one year after the expiration of such term; states, where the value of the property, or the and no person holding a commission under the amount in controversy, to be ascertained by the United States, or any of its officers, except as a oath or affirmation of either party, shall exceed militia officer, shall be a member of the said one thousand dollars. And each of the said council, or shall hold any office under the gov- district courts shall have and exercise the same ernment of the said territory.
jurisdiction, in all cases arising under the conSec. 9. And be it further enacted, That the stitution and laws of the United States as is judicial power of the said territory shall be vested in the circuit and district courts of the vested jn a supreme court, district courts, pro- United States. And the first six days of every bate courts, and in justices of the peace. The term of the said courts, or so much tliereof as supreme court shall consist of a chief justice, shall be necessary, shall be approp iated to the and two associate judges, any two of whom trial of causes arising under the said constitushall be a quorum, and who shall hold a term tion and laws. And writs of error, and appeals at the scat of government of the said territory, from the final decisions of the said courts, in all annually, and they shall bold their offices dur- such cases, shall be made to the supreme court ing.good behavior. The said territory shall be of the territory, in the same manner as in other divided into three judicial districts; and a dis- cases. The said clerks shall receive, in all such trict court or courts shall be held in each of the cases, the same fees which the clerk of the disthree districts, by one of the judges of the su- trict court of the United States in the northern preme court, at such times and places as may district of the State of New York receives for be prescribed by law. The jurisdiction of the similar services. beveral courts herein provided for, both appel- Sec. 10. And be it further enacted, That
TERRITORIAL GOVERNMENT OF WISCONSIN.
there shall be an attorney for the said territory judges
, shall each receive an annual salary of appointed, who shall continue in office four years, eighteen hundred dollars. The secretary shall unless sooner removed by the President, and receive an annual salary of twelve hundred dolwho shall receive the same fees and salary as lars. The said salaries shall be paid quarterthe attorney of the United States for the Mich- yearly, at
the treasury of the United States. igan territory. There shall also be a marshal The members of the legislative assembly shall for the territory appointed, who shall hold his be entitled to receive three dollars each per day, office for four years, unless sooner removed by during their attendance at the sessions thereof, the Président, who shall execute all process is- and three dollars each for every twenty miles' ening from the said courts when exercising their travel in going to and returning from the said jurisdiction as circuit and district courts of the sessions, estimated according to the nearest United States. He shall perform the same usually traveled route. There sball be approduties, be subject to the same regulations and priated, annually, the sum of three hundred and penalties, and be entitled to the same fees, as fifty dollars, to be expended by the governor to the marsbal of the district court of the United defray the contingent expenses of the territory, States for the northern district of the State of and there shall also be appropriated annually, a New York; and shall, in addition, be paid the sufficient sum, to be expended by the secretary sum of two hundred dullars, annually, as a com of the territory, and upon an estimate to be pensation for extra services.
made by the secretary of the treasury of the Sec. 11. And be it further enacted, That | United States, to defray the expenses of the legthe governor, secretary, chief justice, and as- islative assembly, the printiog of the laws, and sociate judges, attorney, and marshal, sball be other incidental expenses; and the secretary of nominated, and by and with the advice aud | the territory shall annually account to the secconsent of the Senate, appointed by the Presi- retary of the treasury of the United States for dent of the United States. The governor and the manner in which the aforesaid sum shull secretary, to be appointed as aforesaid, shall, have been expended. before they act as such respectively, take an
Sec. 12. And be it further enacted, That oath or aflirmation before some judge or justice the inhabitants of the said territory sball be enof the peace in the existing territory of Michigan, titled to, and enjoy, all and singular the rights, duly commissioned and qualified to administer privileges, and advantages, granted and secured an oath or affirmation, to support the constitu. to the people of the territory of the United tion of the United States, and for the faithful States north-west of the river Ohio, by the artidischarge of the duties of their respective offices; cles of the compact contained in the ordinance which said oaths, when so taken, shall be cer- for the government of the said territory, passed tified by the person before whom the same shall on the thirteenth day of July, one thousand seren have been taken, and such certificate shall be hundred and eighty-seven ; and shall be subject received and recorded by the said secretary to all the conditions and restrictions and proamong the executive proceedings. And after- hibitions in said articles of compact imposed wards the chief justice, aod associate judges, and upon the people of the said territory. The said all other civil officers in said territory, before inhabitants shall also be entitled to all the they act as such, shall take a like oath or affir- rights, privileges, and immunities, heretofore mation before the said governor or secretary, or granted and secured to the territory of Michigan, some judge or justice of the territory who may and to its inhabitants, and the existing laws of be duly commissioned and qualified, which said the territory of Michigan shall be extended over oath or affirmation shall be certified and trans- said territory, so far as the same shall not be mitted by the person taking the same to the incompatible with the provisions of this act, secretary, to be by him recorded as aforesaid ; subject, nevertheless, to be altered, modified, or and, afterwards, the like oath or affirmation repealed, by the governor and legislative assemshall be taken, certified, and recorded, in such bly of the said territory of Wisconsin; and manner and form as may be prescribed by law. further, the laws of the United States are bereby The governor shall receive an annual salary of extended over, and shall be in force in said tertwo thousand five hundred dollars for his ser- ritory, so far as the same, or any provisions vices as governor and as superintendent of Indian thereof, may be applicable. affairs. The said chief justice, and associate Sec. 13. And be it further enacted, That