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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 the lands or other property of residents. All the laws of 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.

Sec. 7. And be it further enacted, That all township officers and all What officers county officers, except judicial officers, justices of the peace, sheriffs, are to be elected

by the people. and clerks of courts, shall be elected by the people, in such manner as may be provided by the Governor and Legislative Assembly. 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. Sec. 8. And be it further enacted, That no member of the Legisla- Disqualifica

tions for office. tive 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 under the United States, or any of its officers, except as a militia officer, shall be a member of the said Council, 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 Judiciary. 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 good behaviour. 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. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts, and of the justices of the peace, shall be as limited by law: Provided, however, That justices of the peace shall not have Proviso. jurisdiction of any matter of controversy, when the title or boundaries of land may be in dispute, or where the debt or sum claimed exceeds fifty dollars. And the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction. Each district court shall appoint its clerk, who shall keep his office at the place where the court may be held, and the said clerks shall also be the registers in chancery; and any vacancy in said office of clerk happening in the vacation of said court, may be filled by the judge of said district, which appointment shall continue until the next term of said court. And writs of error, bills of exception, and appeals in chancery causes, shall be allowed in all cases, from the final decisions of the said district courts to the supreme court, under such regulations as 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

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courts of the United States, where the value of the property, or the
amount in controversy, to be ascertained by the 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 clerks shall receive, in all such cases, the same fees which the
clerk of the district court of the United States in the northern district
of the State of New York receives for similar services.

Sec. 10. And be it further enacted, That there shall be an Attorney
for the said Territory appointed, who shall continue in office four years,
unless sooner removed by the President, and who shall receive the same
fees and salary as the attorney of the United States for the Michigan
Territory. There shall also be a Marshal for the Territory appointed,
who shall hold his office for four years, unless sooner removed by the
President, who shall execute all process issuing from the said courts
when exercising their jurisdiction as circuit and district courts of the
United States. He shall perform the same duties, be subject to the
same regulations and penalties, and be entitled to the same fees, as the
Marshal of the district court of the United States for the northern dis-
trict of the State of New York; and shall, in addition, be paid the sum
of two hundred dollars, annually, as a 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 Michigan, duly commissioned and
qualified to administer an oath or affirmation, 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 cer-
tificate shall be received and recorded by the said Secretary among the
Executive proceedings. And, afterwards, the Chief Justice and asso-
ciate 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 cer-
tified 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 two thousand five hundred dollars for his services as
Governor and as superintendent of Indian affairs. The said Chief Jus-
tice and Associate Judges shall each receive an annual salary of eighteen
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 As-
sembly shall be entitled to receive three dollars each per day, during
their attendance at the sessions thereof, and three dollars each for every
twenty miles' travel in going to and returning from the said sessions,
estimated according to the nearest usually-travelled route. There shall
be appropriated, annually, the sum of three hundred and fifty dollars, to

Salaries.

Contingent xpenses.

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 Rights, &c. Territory shall be entitled to, and enjoy, all and singular the rights, ritorial compaci privileges, and advantages, granted and secured to the people of the of July, 1787, Territory of the United States northwest of the river Ohio, by the arti- extended to

Wisconsin. cles of the compact contained in the ordinance for the government of the said Territory, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven ; and shall be subject to all the conditions and restrictions and prohibitions in said articles of compact imposed upon the people of the said Territory. The said inhabitants shall And also also be entitled to all the rights, privileges, and immunities, heretofore those secured granted and secured to the Territory of Michigan, and to its inhabitants, to Michigan. and the existing laws of the Territory of Michigan shall be extended over said Territory, so far as the same shall not be 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 Wisconsin; 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 provisions thereof may be applicable.

Sec. 13. And be it further enacted, that the Legislative Assembly Legislative of the Territory of Wisconsin shall hold its first session at such time

sessions, when

held. 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 subject 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

Delegate to

the House of of Representatives of the United States, to serve for the term of two

Representa years, may be elected by the voters qualified to elect members of the tives of the UniLegislative Assembly, who shall be entitled to the same rights and pri- ted States. vileges 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 pro- Provision receedings, and all indictments and informations which shall be undeter- specting, undemined on the third day of July next, in the courts held by the additional

termined suits. 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.

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. Five thousand Sec. 17. And be it further enacted, That the sum of five thousand dollars for the dollars be, and the same is hereby, appropriated, out of any money in purchase of a library.

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. STATUTE I. April 20, 1836. Chap. LV.-An Act in addition to the act of the twenty-fourth of May, one thon

sand eight hundred and twenty-eight, entitled "An act to authorize the licensing of vessels to be employed in the muckerel fishery.(a)

Be it enacted, by the Senate and House of Representatives of the

United States of America in Congress assembled, That vessels duly Vessels li. censed for the

licensed under the provisions of “An act to authorize the licensing of mackerel fish.

vessels to be employed in the mackerel fishery," passed May twentyery not subject fourth, one thousand eight hundred and twenty-eight, shall not be to forfeitures, &c.

deemed or taken to be liable to the forfeitures imposed by the fifth and Act of May thirty-second sections of the act of Congress, approved the eighteenth 1828, ch. 109. day of February, one thousand seven hundred and ninety-three, enti1793, ch. 8. tled "An act for enrolling and licensing ships or vessels to be employed

in the coasting trade and fisheries, and for regulating the same,” in consequence of any such vessel, whilst licensed as aforesaid, having

been engaged in catching cod, or fish of any other description whatProviso.

ever, Provided, however, That this act shall not be deemed or considered as authorizing or entitling the owner or owners of any vessel licensed for the mackerel fishery, to receive the bounty allowed by law to vessels employed in the cod fishery.

APPROVED, April 20, 1836. STATUTE I. April 20, 1836. Chap. LVI.—An Act to prescribe the mode of paying pensions heretofore granted

by the United States. Be it enacted by the Senate and House of Representatives of the Laws author. United States of America in Congress assembled, That all laws and izing the U. S. parts of laws, authorizing or requiring the Bank of the United States, pensions, re

or its branches to pay any pensions granted under the authority of the pealed. United States, shall be, and the same are hereby, repealed; and such

Pensions to be paid accord.

payments shall be hereafter made, at such times and places, by such ing to the direc: persons or corporations, and under such regulations, as the Secretary tions of the Se. of War may direct; but no compensation or allowance shall be made cretary at War. to such persons or corporations for making such payments, without

authority of law.

APPROVED, April 20, 1836.

(a) See no‘es to act of March 2, 1819, ch. 48.

STATUTE I. CHAP. LVII.— An Act making a further appropriation for suppressing Indian April 29, 1836. hostilities in Florida,

(Obsolete.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 'That the sum of one Appropriation million of dollars be, and the same is hereby appropriated, out of any dollars.

of one million money in the Treasury not otherwise appropriated, in addition to former appropriations, for suppressing Indian hostilities in Florida, and that the same shall be expended in the manner already provided for by law. APPROVED, April 29, 1836.

STATUTE I. Chap. LVIII.-An Act to authorize the construction of a railroad, through lands April 29, 1836. of the United States in Springfield, Massachusetts.

(Obsolete.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Western Railroad The Western corporation be, and they are hereby, authorized to construct a railroad Rail-road may on lands belonging to the United States, in Springfield, Massachusetts, the lands of the and take for the security and accommodation of said railroad, or the United States. accommodation of the business thereof, a strip of land through or over said land of the United States, not exceeding eighty feet in width; Provided, That the location of said railroad, through said land of the Proviso. United States, shall be submitted to, and approved by the Secretary of War, prior to the construction thereof; And provided, also, That when- Proviso. ever said strip of land shall cease to be improved for the purposes of a railroad, or the accommodation of the business thereof, that the same shall revert to the United States. APPROVED, April 29, 1836.

STATUTE I. Chap. LIX.-An Act making appropriations for the civil and diplomatic expenses May 9, 1836. of Government for the year one thousand eight hundred and thirty-siz.

(Obsolete.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, to be paid out of any unappropriated money in the Treasury, viz:

For compensation to the President and Vice President of the United President and States, the Secretary of State, the Secretary of the Treasury, the Secre- Vice President. tary of War, the Secretary of the Navy, and the Postmaster General, sixty thousand dollars.

For clerks and messengers in the office of the Secretary of State, Department nineteen thousand four hundred dollars.

of State. For clerks, machinist, and messenger in the Patent Office, five thousand four hundred dollars.

For incidental and contingent expenses of the Department of State, including the expense of publishing and distributing the laws, twentyfive thousand dollars.

For contingent and incidental expenses of the Patent Office, two thousand dollars.

For the superintendent and watchmen of the northeast executive building, one thousand five hundred dollars.

For contingent expenses of said building, including fuel, labor, oil, repairs of the buildings, three thousand three hundred and fifty dollars. For compensation to the clerks and messengers in the office of the Treasury De.

partment. Secretary of the Treasury, fourteen thousand dollars.

For compensation to the First Comptroller of the Treasury, three thousand five hundred dollars. Vol. V.-3

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