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STATUTE II. Chap. XCVI. An Act to divide the Territory of Wisconsin and to establish the June 12, 1838.
Territorial Government of Iowa. (a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after What part of the third day of July next, all that part of the present Territory of Wis- the present terconsin which lies west of the Mississippi river, and west of a line drawn ritory of Wisdue north from the head waters or sources of the Mississippi to the Ter- constitute the ritorial line, shall, for the purposes of temporary government, be and territory of 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 The authority Government of Wisconsin in and over the Territory hereby constituted of Wisconsin shall cease: Provided, That nothing in this act contained shall be con- ry thus constistrued to impair the rights of person or property now appertaining to tuted, to cease.
Proviso, 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, Proviso. That nothing in this act contained shall be construed to inhibit the Government of the United States from dividing the Territory hereby esta
(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, chap 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 lowa 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 pre-emption 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. 66.
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.
blished 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. Executive Sec. 2. And be it further enacted, That the executive power and power vested in authority in and over the said Territory of Iowa shall be vested in a a governor; his Governor, who shall hold his office for three years, unless sooner repowers and duties.
moved 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 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 Ter
ritory, and shall take care that the laws be faithfully executed. A Secretary Sec. 3. And be it further enacted, That there shall be a Secretary of the Territory of the said Territory, who shall reside therein, and hold his office for to be appointed. 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 Congress. Secretary to And in case of the death, removal, resignation, or necessary absence in case of a va of the Governor from the Territory, the Secretary shall have, and he is cancy.
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. Legislative Sec. 4. And be it further enacted, That the legislative power shall power, how be vested in the Governor and a Legislative Assembly. The Legislavested.
tive 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 twentysix members possessing the same qualifications as prescribed for the
members of the Council, and whose term of service shall continue one Apportionment year. An apportionment shall be made as nearly equal as practicable, of representa
among the several counties, for the election of the Council and Repretion.
sentatives, giving to each section of the Territory representation in the
ratio of its population, Indians excepted, as nearly as may be. And the Members to be said members of the council and House of Representatives shall reside inhabitants of in and be inhabitants of the district for which they may be elected. which 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 First election. Sheriffs to the Governor. The first election shall be held at such time
and place, and be conducted in such manner as the Governor shall
appoint and direct; and he shall at the same time, declare the number Gov'r to de
of members of the Council and House of Representatives to which clare the per- each of the counties or districts are entitled under this act. The numsons having the ber of persons authorized to be elected having the greatest number of greatest number of votes to
votes in each of the said counties or districts for the Council, shall be be elected. 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 Proviso. 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 male citizen Qualifications of the United States, above the age of twenty-one years, who shall have of voters. 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 Powers of the the Territory shall extend to all rightful subjects of legislation ; but no
Legislature. law shall be passed interfering with the primary disposal of the soil; no
Restrictions. 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 Laws to be Legislative Assembly shall be submitted to, and if disapproved by, the submitted to 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 Officers to be county officers, except judicial officers, justices of the peace, sheriffs, elected by the
people. 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 Legislative Assembly of Iowa Territory. The Governor shall nominate and by Officers, how and with the advice and consent of the Legislative Council, shall appoint appointed. 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 ap- Vacancies. pointments 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- Disqualificative Assembly shall hold, or be appointed to, any office created, or the tions for office. 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 Judicial pow. Territory shall be vested in a supreme court, district courts, probate er, how vested. courts, and in justices of the peace. The supreme court shall consist Supreme 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 District courts. 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
their appointment, respectively, reside in the districts which shall be Jurisdiction assigned to them. The jurisdiction of the several courts herein proof the several vided for, both appellate and original, and that of the probate courts, courts.
and of the justices of the peace, shall be as limited by law: Provided, Proviso. however, that justices of the peace shall not have 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 a 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 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 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 decision 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 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 courts of Wis
consin Territory now receives for similar services. An attorney to Sec. 10. And be it further enacted, That there shall be an attorney he appointed for for the said Territory appointed, who shall continue in office four years, four years; his unless sooner removed by the President, and who shall receive the same fees, &c.
fees and salary as the attorney of the United States, for the present TerA marshal to ritory of Wisconsin. There shall also be a marshal for the Territory be appointed for appointed, who shall hold his office for four years, unless sooner removed duties, fees,&c. 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 present Territory of Wisconsin; 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, Officers to be chief justice, and associate judges, attorney and marshal, shall be appointed by the President, nominated, and by and with the advice and consent of the senate, apwith the advice pointed by the President of the United States. The Governor and
secretary to be appointed as aforesaid, shall, before they act as such, and consent of respectively, take an oath or affirmation, before some judge or justice the Senate. of the peace, in the existing Territory of Wisconsin, duly commissioned Secretary to and qualified to administer an oath or affirmation, [or] before the chief take an oath, justice, or some associate justice of the Supreme Court of the &c. 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 Chief justice judges, and all other civil officers in said Territory, before they act as and associate such, shall take a like oath or affirmation before the said Governor or
judges, &c. to
take an oath, secretary, or some judge or justice of the Territory who may be duly &c. 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 an- Salary of the nual salary of fifteen hundred dollars as Governor, and one thousand Governor. dollars as superintendent of Indian affairs. The said chief justice and Salary of the associate judges shall each receive an annual salary of fifteen hundred associate jusdollars. The secretary shall receive an annual salary of twelve hun- tices. dred dollars. The said salaries shall be paid quarter-yearly at the Trea- Salary of the sury of the United States. The members of the Legislative Assembly Salaries how shall be entitled to receive three dollars each per day, during their at- paid. tendance at the sessions thereof; and three dollars each for every twenty bers of Legislamiles travel in going to and returning from, the said sessions, estimated tive Assembly. according to the nearest usually travelled route. There shall be appro- Contingent expriated, annually, the sum of three hundred and fifty dollars, to be ex- penses of the pended by the Governor to defray the contingent expenses of the Terri- Territory, &c. tory; 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 all the rights, privileges and immunities same as granted heretofore granted and secured to the Territory of Wisconsin and to its inhabitants; and the existing laws of the Territory of Wisconsin shall Existing laws be extended over said Territory, so far as the same be not incompatible of Wisconsin with the provisions of this act, subject, nevertheless, to be altered, modi- Iowa, &c. fied, or repealed, by the Governor and Legislative Assembly of the said Territory of Iowa; and further, the laws of the United States are
Laws U.S. exhereby extended over, and shall be in force in said Territory, so far as tended over
Iowa. the same, or any provisions thereof, may be applicable.
Sec. 13. And be it further enacted, That the Legislative Assembly First session of of the Territory of Iowa shall hold its first session at such time and Legislative As. place in said Territory as the Governor thereof shall appoint and direct; where Governor and at said session, or as soon thereafter as may by them be deemed ex- shall direct, pedient, the said Governor and Legislative Assembly shall proceed to locate and establish the seat of Government for said Territory, at such
Seat of Gov't. place as they may deem eligible, which place, however, shall thereafter be subject to be changed by the said Governor and Legislative Assem- $20,000 approbly. And the sum of twenty thousand dollars, out of any money in the priated for erec
tion of public Treasury not otherwise appropriated, is hereby granted to the said Ter
buildings at seat ritory of Iowa, which shall be applied by the Governor and Legislative of government.