Page images


the legislative assembly of the territory of Wis- termined on the third day of July next, in the consin shall hold its first session at such time courts held by the additional judge for the and place in said territory as the governor Michigan territory, in the counties of Brown and thereof shall appoint and direct; and at suid Iowa; and all suits, process and proceedings, session, or as soon thereafter as may by them and all indictments and informations which be deemed expedient, the said governor and shall be undetermined on the said day of July, legislative assembly shall proceed to locate and in the county courts of the several counties of establish the seat of government for said terri- Crawford, Brown, Iowa, Dubuque, Milwaukee, tory, at such place as they may deem eligible, and Des Moines, shall be transferred to be heard, which place, however, shall thereafter be sub- tried, prosecuted, and determined, in the disject to be changed by the said governor and leg. trict courts hereby establisbed, which may inislative assembly. And twenty thousand dol- clude the said counties. lars, to be paid out of any money in the treasury, Sec. 16. And be it further enacted, That all not otherwise appropriated, is hereby given to causes which shall have been or may be rethe said territory, which shall be applied by the moved from the courts held by the additional governor and legislative assembly to defray the judge for the Michigan territory, in the counties expenses of erecting public buildings at the seat of Brown and Iowa, by appeal or otherwise, into of government.

the supreme court for the territory of Michigan, Sec. 14. And be it further enacted, That a and which shall be undetermined therein on the delegate to the house of representatives of the third day of July next, shall be certified by the United States, to serve for the term of two clerk of the said supreme court, and transferred years, may be elected by the voters qualified to to the supreme court of said territory of Wiselect members of the legislative assembly, who consin, there to be proceeded in to final detershall be entitled to the same rights and priv-mination, in the same manner that they might ileges as have been granted to the delegates from have been in the said supreme court of the terthe several territories of the United States to the ritory of Michigan. said house of representatives. The first elec. Sec. 17. And be it further enacted, That tion shall be held at such time and place or the sum of five thousand dollars be, and the places, and be conducted in such manner as the same is hereby, appropriated, out of any money governor shall appoint and direct. The person in the treasury not otherwise appropriated to having the greatest number of votes shall be be expended by and under the direction of the declared by the governor to be duly elected, and legislative assembly of said territory, in the pura certificate thereof shall be given to the person chase of a library for the accommodation of said so elected.

assembly, and of the supreme court hereby esSec. 15. And be it further enacted, That all tablished. suits, process, and proceedings, and all indict- APPROVED, APRIL 20, 1936. ments and informations which shall be unde



AN ACT to divide the territory of Wisconsin, and to establish the territorial government of Iowa.

[ocr errors]

Be it enacted by the senate and house of rep- | That nothing in this act contained shall be conresentatives of the United States of America, in strued to inhibit the government of the United congress assembled, That, from and after the States from dividing the territory hereby estabthird day of July next, all that part of the lished into one or more other territories, in such present territory of Wisconsin which lies west of manner, and at such times, as congress shall, in the Mississippi river, and west of a line drawn its discretion, deem convenient and proper, or due north from the head waters or sources of from attaching any portion of said territory the Mississippi to the territorial line, shall, for to any other State or territory of the United the purposes of temporary government, be and States. constitute a separate territorial government, by Sec. 2. And be it further enacted, That the exthe name of Iowa; and that, from and after the ecutive power and authority in and over the said said third day of July next, the present territo- territory of Iowa, shall be vested in a governor, rial government of Wisconsin shall extend only who shall hold his office for three years, unless in that part of the present territory of Wiscon- sooner removed by the President of the United sin which lies east of the Mississippi river. And States. The governor shall reside within the after the said third day of July next, all power said territory, shall be commander-in-chief of and authority of the government of Wisconsin, the militia thereof, shall perform the duties and in and over the territory hereby constituted, receive the emoluments of superintendent of shall cease: Provided, That nothing in this Indian affairs, and shall approve of all laws ict contained shall be construed to impair the passed by the legislative assembly before they rights of person or property now appertaining shall take effect; he may grant pardons for to any Indians within the said territory, so long offences against the laws of the said territory, is such rights shall remain unextinguished by and reprieves for offenses against the laws of the treaty between the United States and such lo- United States, until the decision of the President dinns, or to impair the obligations of any treaty can be made known thereon; he shall commisnow existing between the United States and sion all officers who shall be appointed to office such Indians, or to impair or anywise to affect under the laws of the said territory, and shall the authority of the government of the United take care that the laws be faithfully executed. States to make any regulations respecting such Sec. 3. And be it further enacted, That Indians, their lands, property, or other rights, there shall be a secretary of the said territory, by treaty, or law, or otherwise, which it would who shall reside therein, and hold his office for have been competent to the government to make, four years, unless sooner removed by the Presif this act had never been passed : Provided, lident of the United States; he shall record and


preserve all the laws and proceedings of the greatest number of votes in each of the said legislative assembly hereinafter constituted, and counties or districts for the council shall be all the acts and proceedings of the governor in be declared, by the said governor, to be duly bis executive department; he shall transmit one elected to the said council; and the person or copy of the laws and one copy of the executive pro- persons having the greatest number of votes for ceedings on or before the first Monday in December the house of representatives, equal to the number in each year, to the President of the United States: to which each county may be entitled, shall also and at the same time, two copies of the laws to be declared, by the governor, to be duly elected; the speaker of the house of representatives, for Provided, The gorernor shall order a new electhe use of congress. And in case of the death, tion when there is a tie between two or more removal, resignation, or necessary absence, of persons voted for, to supply the vacancy made the governor from the territory, tbe secretary by such tie. And the persons thus elected to sball have, and he is hereby authorized and re- the legislative assembly shall meet at such place quired to execute and perf m, all the powers on such day as he shall appoint; but, thereand duties of the governor during such vacancy after, the time, place and manner of holding and or necessary absence, or until another governor conducting all elections by the people, and the shall be duly appointed to fill such vacancy. apportioning the representation in the several

Sec. 4. And be it further enacted, That the counties to the council and house of representalegislative power shall be vested in a governor, tives, according to population, shall be preand a legislative assembly. The legislative as. scribed by law, as well as the day of the annual sembly shall consist of a council and house of commencement of the session of the said legis. representatives. The council shall consist of lative assembly; but no session, in any year, thirteen members, having the qualifications of shall exceed the term of seventy-five days. voters as hereinafter prescribed, whose term of Sec. 5. And be it further enacted, That service sball continue two years. The house every free white male citizen of the United of representatives shall consist of twenty-six States, above the age of twenty-one years, who members, possessing the same qualifications as shall have been an inhabitant of said territory prescribed for the members of the council, and at the time of its organization, shall be entitled whose term of service shall continue one year. to vote at the first election, and shall be eligible An apportionment shall be made, as nearly equal to any office within the said territory; but the as practicable, amoug the several counties, for qualifications of voters at all subsequent electhe election of the council and representatives, tions shall be such as shall be determined by the giving to each section of the territory represen- legislative assembly; Provided, That the right tation in the ratio of its population, Indians ex- of suffrage shall be exercised only by citizens of cepted, as nearly as may be. And the said the United States. members of the council and house of representa- Sec. 6. And be it further enacted, That the tives shall reside in and be inhabitants of the legislative power of the territory shall extend to district for which they may be elected. Pro- all rightful subjects of legislation; but no law vious to the first election, the governor of the shall be passed interfering with the primary disterritory shall cause the census or enumeration posal of the soil; no tax shall be imposed upon of the inhabitants of the several counties in the the property of the United States; por shall the territory to be taken and made by the sheriffs of lands or other property of non-residents be taxed the said counties, respectively, unless the same higher than the lands or other property of resshall have been taken within three months previ- idents. All the laws of the governor and legisousiy to the third day of July next, and returns lative assembly shall be submitted to, and, if thereof made by said sheriff's to the governor. disapproved by the Congress of the United The first election shall be held at such time and States, the same shall be null and of no effect. place, and be conducted in such manner as the Sec. 7. And be it further enacted, That all governor shall appoint and direct; and he shall, township officers and all county officers, exoept at the same time, declare the number of mem- judicial officers, justices of the peace, sheriffs, bers of the council and house of representatives and clerks of courts, shall be elected by the to which each of the counties or districts people, in such manner as is now prescribed by are entitled under this act. The number of the laws of the territory of Wisconsin, or as may, persons authorized to be elected baving the after the first election, be provided by the gove s


nor and legislative assembly of Iowa Cerritory. possess chancery as well as common law jurisThe governor shall nominate,and, by and with the diction. Each district court shall appoint its advice and consent of the legislative council, clerk, who shall keep his office at tbe place shall appoint all judicial officers, justices of the where the court may be held, and the said clerks peace, sheriffs, and all militia officers, except shall also be the registers in chancery; and any those of the staff, and all civil officers not herein vacancy in said office of clerk, happening in the provided for. Vacancies occurring in the re- vacation of said court, may be filled by the judge cess of the council shall be filled by appoint- of said district, wbich appointment shall conments from the governor, which shall expire at tinue until the next term of said court. And the end of the next session of the legislative as- writs of error, bills of exception, and appeals in sembly ; but the said governor may appoint, in chancery causes, shall be allowed in all cases, the first instance, the aforesaid officers, who from the final decisions of the said district courts shall hold their offices until the end of the next to the supreme court, under such regulations as session of the said legislative assembly.

may be prescribed by law; but in no case reSec. 8. And be it further enacted, That no moved to the supreme court, shall a trial by jury menuber of the legislative assembly shall hold be allowed in said court. The supreme court or be appointed to any (flice created, or the may appoint its own clerk, and every clerk shall salary or emoluments of which shall bave been hold his office at the pleasure of the court by increased whilst he was a member, during the which he shall have been appointed. And writs term for which he shall have been elected, and of error and appeals from the final decisions of for one year after the expiration of such term; the said supreme court shall be allowed and and no person holding a commission or ap- taken to the supreme court of the United States, pointment under the United States, or any of its in the same manner, and under the same reguofficers, except as a militia officer, shall be a lations, as from the circuit courts of the United member of the said council or bouse of repre- states, where the value of the property, or the sentatives, or shall hold any office under the gov- amount in controversy, to be ascertained by the ernment of the said territory.

oath or affirmation of either party, shall exceed Sec. 9. And be it further enacted, That the one thousand dollars. And each of the said judicial power of the said territory shall be district courts shall have and exercise the same vested in a supreme court, district courts, pro- jurisdiction, in all cases arising under the conbate courts, and in justices of the peace. The stitution and laws of the United States as is supreme court shall consist of a chief justice, vested in the circuit and district courts of the and two associate judges, any two of whom United States. And the first six days of every shall be a quorum, and who shall hold a term term of the said courts, or so much thereof as at the scet of government of the said territory, shall be necessary, shall be appropriated to the annually, and they shall hold their offices during trial of causes arising under the said constituthe term of four years. The said territory shall tion and laws. And writs of error, and appeals be divided into three judicial districts; and a dis. from the final decisions of the said courts, in all trict court or courts shall be held in each of the such cases, shall be made to the supreme court three districts, by one of the judges of the su- of the territory, in the same manner as in other preme court, at such times and places as may cases. The said clerk shall receive, in all such be prescribed by law; and the said judges cases, the same fees which tbe clerks of the dissball, after thei. appointment, respectively, trict courts of Wisconsin territory now receives reside in the districts which shall be as for similar services. signed them. The jurisdiction of the Sec. 10. And be it further (nacted, That several courts herein provided for, both appel- there shall be an attorney for the said territory late and original, and that of the probate courts, appointed, who shall continue in office four years, and of the justices of the peace, shall be limited unless sooner removed by the President, and by law: Provided, however, That justices of who shall receive the same fees and salary as the peace shall not bave jurisdiction of any mat- the attorney of the United States for the Wister of controversy, when the title or boundaries consin territory. There shall also be a marshal of land may be in dispute, or where the debt or for the territory appointed, who shall hold his sum claimed exceeds fifty dollars. And the said office for four years, unless sooner removed by supreme and district courts, respectively, shall) the President, who shall execute all process is




suing from the said courts when exercising their during their attendance at the sessions thereof, jurisdiction as circuit and district courts of the and three dollars each for every twenty miles' United States. He shall perform the same travel in going to and returning from the said duties, be subject to the same regulations and sessions, estimated according to the nearest penalties, and be entitled to the same fees, as usually-traveled route.

There shall be approthe marshal of the district court of the United priated, annually, the sum of three hundred and States for the present territory of Wisconsin; fifty dollars, to be expended by the governor to and shall, ia addition, be paid the sum of defray the contingent expenses of the territory, two hundred dollars, annually, as com- and there shall also be appropriated annually, a pensation for extra services.

sufficient sum, to be expended by the secretary Sec. 11. And be it further enacted, That of the territory, and upon an estimate to be the governor, secretary, chief justice, and as- made by the secretary of the treasury of the sociate judges, attorney, and marshal, shall be United States, to defray the expenses of the legnominated, and by and with the advice and islative assembly, the printing of the laws, and consent of the Senate, appointed by the Presi- other incidental expenses; and the secretary of dent of the United States. The governor and the territory shall annually account to the secsecretary, to be appointed as aforesaid, shall, retary of the treasury of the United States for before they act as such reepectively, take an the manner in which the aforesaid sum shall oath or affirmation before some judge or justice have been expended. of the peace in the existing territory of Wisconsin, Sec. 12. And be it further enacted, That duly commissioned and qualified to administer the inhabitants of the said territory shall be enan oath or affirmation,.or before the chief justice titled to all the rights, privileges, and immunior some associate justice of the supreme court ties heretofore granted and secured to the terof the United States, to support the constitu- ritory of Wisconsin, and to its inhabitants; and tion of the United States, and for the faithful the existing laws of the territory of Wisconsin discharge of the duties of their respective offices; shall be extended over said territory, so far as which said oaths, when so taken, shall be cer- the same be not incompatible with the provisions tified by the person before whom the same shall of this act, subject, nevertheless, to be altered, have been taken, and such certificate shall be modified, or repealed by the governor and legisreceived and recorded by the said secretary lative assembly of the said territory of Iowa ; among the executive proceedings. And after- and, further, the laws of the United States are wards the chief justice, and associate judges, and hereby extended over, and shall be in force in all other civil officers in said territory, before said territory, so far as the same, or any prothey act as such, shall take a like oath or affir- vision thereof, may be applicable. mation before the said governor or secretary, or

Sac. 13. And be it further enacted, That some judge or justice of the territory who may the legislative assembly of the territory of Iowa be duly commissioned and qualified, which said shall hold its session at such time and place, in oath or affirmation shall be certified and trans- said territory, as the governor thereof shall apmitted by the person taking the same to the point and direct; and at said session, or as soon secretary, to be by him recorded as aforesaid ; thereafter as may by them be deemed expedient, and, afterwards, the like oath or affirmation the said governor and legislative assembly shall shall be taken, certified, and recorded, in such proceed to locate and establish the seat of govmanner and form as may be prescribed by law.ernment for said territory, at such place as they The governor shall receive an annual salary of may deem eligible, which place, however, shall fifteen bundred dollars as governor, and one thereafter be subject to be changed by the govthousand dollars as superintendent of Indian ernor and legislative assembly. And the sum affairs. The said chief justice, and associate of twenty thousand dollars, out of any money in judges, shall each receive an annual salary of the treasury not otherwise appropriated, is fifteen hundred dollars. The secretary shall bereby granted to the said territory of Iowa, receive an annual salary of twelve hundred dol- which shall be applied by the governor and leg. lars. The said salaries shall be paid quarter islative assembly thereof, to defray the expenses yearly, at the treasury of the United States. of erecting public buildings at the seat of govThe members of the legislative assembly shall ernment. be entitled to receive three dollars each per day, Sec. 14. And be it further enacted, That

« PreviousContinue »