Page images
PDF
EPUB

TERRITORIAL GOVERNMENT OF WISCONSIN.

termined 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 day of July, in the county courts of the several counties of Crawford, Brown, Iowa, Dubuque, Milwaukee, and Des Moines, shall be transferred to be heard,

the legislative assembly of the territory of Wisconsin shall hold its first session at such 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 sub- | tried, prosecuted, and determined, in the disject 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 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 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.

Sec. 15. And be it further enacted, That all suits, process, and proceedings, and all indictments and informations which shall be unde

trict courts hereby established, which may include the said counties.

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 territory 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 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.

B

ORGANIC LAW OF IOWA.

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

strued 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.

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 congress assembled, That, from and after the third day of July next, all that part of the present territory of Wisconsin which lies west of the 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 Mississippi river. And after the said third day of July 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,

Sec. 2. And be it further enacted, That the executive power and authority in and over the said territory of Iowa, 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 pardons for offences against the laws of the said territory, and reprieves for offenses 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.

Sec. 3. And be it further enacted, That there shall be a 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

TERRITORIAL GOVERNMENT OF IOWA.

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 congress. And in case of the death, removal, resignation, 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 of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy.

greatest number of votes in each of the said counties or districts for the council shall be 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, 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 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 legis. lative 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 male citizen of the United States, above the age of twenty-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. 4. And be it further enacted, That the legislative power shall be vested in a governor, and a legislative 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 apportionment shall be made, as nearly equal as practicable, 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 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. Pre- 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; nor 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 legisously to the third day of July next, and returns lative assembly shall be submitted to, and, if thereof made by said sheriffs 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, except 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 having the after the first election, be provided by the gove

TERRITORIAL GOVERNMENT OF IOWA.

nor and legislative assembly of Iowa territory. 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 the 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, which 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 removed to the supreme court, shall a trial by jury be allowed in said court. The supreme court may appoint its own clerk, and every clerk shall hold his office at the pleasure of the court by which he shall have been appointed. And writs of error and appeals from the final decisions of the said supreme court shall be allowed and taken to the supreme court of the United States, in the same manner, and under the same regulations, as from the circuit courts of the United States, where the value of the property, or the

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 or 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 gov-amount in controversy, to be ascertained by the ernment of the said territory.

oath or affirmation of either party, shall exceed one thousand dollars. And each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States as is vested in the circuit and district courts of the United States. And the first six days of every term of the said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and 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 clerk shall receive, in all such cases, the same fees which the clerks of the district courts of Wisconsin territory now receives for similar services.

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 territory shall be divided into three judicial districts; and a district court or courts shall be held in each of the three districts, by one of the judges of the supreme court, at such times and places as may be prescribed by law; and the said judges shall, after thei appointment, respectively, reside in the districts which shall be assigned to 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 have 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

TERRITORIAL GOVERNMENT OF IOWA.

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 States for the present territory of Wisconsin; and shall, ia addition, be paid the sum of two hundred dollars, annually, as ณ compensation for extra services.

Sec. 11. And be it further enacted, That the governor, 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 Wisconsin, duly commissioned and qualified to administer an oath or affirmation,.or before the chief justice or some associate justice of the supreme court of the United States, 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 fifteen hundred dollars as governor, and one thousand dollars as superintendent of Indian affairs. The said chief justice, and associate judges, shall each receive an annual salary of fifteen hundred dollars. The secretary shall receive an annual 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,

priated, 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.

Sec. 12. And be it further enacted, That the inhabitants of the said territory shall be entitled to all the rights, privileges, and immunities heretofore granted and secured to the territory of Wisconsin, and to its inhabitants; and the existing laws of the territory of Wisconsin shall be extended over said territory, so far as the same be not 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 Iowa; 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 provision thereof, may be applicable.

Sec. 13. And be it further enacted, That the legislative assembly of the territory of Iowa shall hold its session at such time and pláce, 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 governor and legislative assembly. And the sum of twenty thousand dollars, out of any money in the treasury not otherwise appropriated, is hereby granted to the said territory of Iowa, which shall be applied by the governor and leg. islative assembly thereof, to defray the expenses of erecting public buildings at the seat of government.

Sec. 14. And be it further enacted, That

« PreviousContinue »