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Assembly thereof to defray the expenses of erecting public buildings
at the seat of Government. Delegates to Sec. 14. And be it further enacted, That a delegate to the House of House of Re: Representatives of the United States to serve for the term of two years, S. how elected, may be elected by the voters qualified to elect members of the Legisla
tive 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 Suits, &c. un Sec. 15. And be it further enacted, That all suits, process, and prodetermined on ceedings, and all indictments and informations, which shall be undeter30. July next in mined on the third day of July next, in the district courts of Wisconsin Wisconsin, Territory, west of the Mississippi river, shall be transferred to be heard, west of the tried, prosecuted and determined in the district courts hereby establishMississippi, shall be trans- ed, which may include the said counties. ferred, &c. Sec. 16. And be it further enacted, That all justices of the peace, Judicial officers constables, sheriffs, and all other executive and judicial officers, who July next, shall shall be in office on the third day of July next, in that portion of the act temporarily present Territory of Wisconsin which will then, by this act, become until their pla: the Territory of Iowa, shall be, and are hereby authorized and required ces are filled by to continue to exercise and perform the duties of their respective offices, Gov't of lowa.
as officers of the Territory of Iowa, temporarily and until they, or
others, shall be duly appointed to fill their places by the Territorial Proviso. Government of Iowa, in the manner herein directed : Provided, That
no officer shall hold or continue in office by virtue of this provision,
over twelve months from the said third day of July next. Causes re Sec. 17. And be it further enacted, That all causes which shall have moved from the been or may be removed from the courts held by the present Territory consin. west of of Wisconsin, in the counties west of the Mississippi river, by appeal or the Mississippi, otherwise, into the supreme court for the Territory of Wisconsin, and into supreme which shall be undetermined therein on the third day of July next, shall court of Wis. consin.
be certified by the clerk of the said supreme court, and transferred to the supreme court of said Territory of Iowa, 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 Wisconsin. Library to be Sec. 18. And be it further enacted, That the sum of five thousand kept at seat of dollars be, and the same is hereby appropriated, out of any money in government.
the treasury not otherwise appropriated, to be expended by, and under the direction of, the Governor of said Territory of Iowa, in the purchase of a library, to be kept at the seat of Government, for the accommodation of the Governor, Legislative Assembly, judges, secretary, marshal, and attorney of said Territory, and such other persons as the Governor
and Legislative Assembly shall direct. Term of mem
Sec. 19. And be it further enacted, That from and after the day bers of council named in this act for the organization of the Territory of Iowa, the and House of term of the members of the Council and House of Representatives of Reps. of Wis- the Territory of Wisconsin shall be deemed to have expired, and an consin to expire, &c. entirely new organization of the Council and House of Representatives
of the Territory of Wisconsin as constituted by this act shall take place
as follows: As soon as practicable after the passage of this act, the GoApportion vernor of the Territory of Wisconsin shall apportion the thirteen memment of mem- bers of the Council and twenty-six members of the House of Repreand Ho. Reps. sentatives among the several counties or districts comprised within said
Territory, according to their population, as nearly as may be (Indians excepted). The first election shall be held at such time as the Go
vernor shall appoint and direct; and shall be conducted, and returns First election, thereof made, in all respects, according to the provisions of the laws of when held, how
conducted, &c said Territory, and the Governor shall declare the persons having the greatest number of votes to be elected, and 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. The persons thus elected shall meet at Time and Madison, the seat of Government, on such day as he shall appoint, but place of meetthereafter the apportioning of the representation in the several counties to the Council and House of Representatives according to population, the day of their election, and the day for the commencement of the session of the Legislative Assembly, shall be prescribed by law.
Sec. 20. And be it further enacted, That temporarily, and until Gov. of Iowa otherwise provided by law of the Legislative Assembly, the Governor of may temporarithe Territory of Iowa may define the judicial districts of said Territory, dicial districts, and assign the judges who may be appointed for said Territory to the assign the several districts, and also appoint the times for holding courts in the judges, and apseveral counties in each district, by proclamation to be issued by him; of holding the but the Legislative Assembly, at their first, or any subsequent session, courts. may organize, alter, or modify such judicial districts, and assign the judges and alter the times of holding the courts or any of them. APPROVED, June 12, 1338.
STATUTE II. Chap. XCVII.-An Act making appropriations for preventing and suppressing June 12, 1838.
Indian hostilities for the year eighteen hundred and thirty-eight, and for arrearages for the year eighteen hundred and thirty-seven.
(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, out of any money in the Treasury not otherwise appropriated, to defray the expenses which 1836, ch. 43. have been, or may be, incurred, in preventing or suppressing the hosti- 1836, ch. 254. lities of any Indians, in the year eighteen hundred and thirty-eight; to be expended under the direction of the Secretary of War, conformably ed under direc
To be expendto the acts of Congress of the nineteenth of March and the second of tion of Sec'y. July, eighteen hundred and thirty-six, and of the acts therein referred War, conformto; and for arrearages of the same for the year eighteen hundred and ably, &c. thirty-seven :
For forage for the horses of the dragoons, volunteers, officers, and in Forage for the service of the trains, four hundred thousand dollars;
horses. For freight or transportation of military supplies sent into Florida and Freight, &c. the Cherokee country, three hundred and fifty thousand dollars ;
of military sup
plies. For wagons, carts, ambulances, and harness, and for boats and light- Wagons,carts, crs, one hundred and fifty thousand dollars;
&c. For the transportation of supplies from the principal depots to the Transportation points of consumption, including the hire of steamboats and other ves- of supplies from
principal depots, sels, and the expense of public steamers and transport schooners, seven &c. hundred thousand dollars; For the hire of a corps of mechanics, laborers, mule-drivers, team- Hire of me
chanics, &c. sters, wagon-masters, and other assistants, two hundred and fifty thousand dollars; For transportation and other expenses of four thousand volunteers, Transporta
tion, &c. of voone hundred thousand dollars;
lunteers. For miscellaneous and contingent charges of all kinds, not embraced Miscellaneous under the foregoing heads, seven hundred and fifty thousand dollars ; and contingent
For drafts lying over, and arrearages for services and supplies in Flo- expenses. rida and the Cherokee country, one million forty-eight thousand six hun- over, and ardred dollars;
The rearages. For pay of four thousand volunteers, for the year eighteen hundred Pay of volunand thirty-eight, including one hundred and fifty-three thousand four teers for 1838, Vol V.-31
including ar. hundred and fifteen dollars arrearages for eighteen hundred and thirtyrearages for seven, one million four hundred and sixteen thousand two hundred and 1837.
fifty dollars and thirty-two cents; Subsistence For subsistence for militia, volunteers, and friendly Indians, three for militia, &c. hundred and sixty-five thousand and forty dollars ;
Purchase of For the purchase of powder and other materials for cartridges, togepowder, &c.
ther with the repairs of gun-carriages, small-arms, and accoutrements,
thirty-five thousand dollars; Tents, knap For tents, knapsacks, and other supplies furnished by the clothing sacks, &c.
bureau, twenty thousand six hundred and seventy-seven dollars and Correcting an
fifty-six cents; error in paying For correcting an error in paying the Indians employed in the public the Indians em- service in Florida, seven thousand seven hundred and seventy-five dollars ployed in Flori- and fifty-three cents; da. Objects speci. Sec. 2. And be it further enacted, That the further sum of one fied in 3d art. of million forty-seven thousand and sixty-seven dollars be appropriated, out supplementary, of any money in the Treasury not otherwise appropriated, in full, for articles of treaty all objects specified in the third
article of the supplementary articles of Cherokees,&c. the treaty of eighteen hundred and thirty-five, between the United States
and the Cherokee Indians, and for the further object of aiding in the
subsistence of said Indians for one year after their removal west: ProProviso. vided, That no part of the said sum of money shall be deducted from
the five millions stipulated to be paid to said tribe of Indians by said Further pro treaty: And provided, further, that the said Indians shall receive no viso.
benefit from the said appropriation, unless they shall complete their emigration within such time as the President shall deem reasonable, and
without coercion on the part of the Government. For satisfying Sec. 3. And be it further enacted, That, for satisfying all claims for all claims for annuities, &c.
arrearages of annuities, for supplying blankets and other articles of clothing for the Cherokees who are not able to supply themselves, and which may be necessary for their comfortable removal, and for medi
cines and medical assistance, and for such other purposes as the Presi1
dent shall deem proper to facilitate the removal of the Cherokees, one hundred thousand dollars be appropriated out of any money in the Treasury not otherwise appropriated.
APPROVED, June 12, 1838. STATUTE IL June 12, 1838. Chap. XCVIII.-An Act to secure the payment of certain commissions on duty
bonds to collectors of customs. Be it enacted by the Senate and House of Representatives of the United Commissions States of America in Congress assembled, That, on all bonds for duties, to collectors on taken by any collector of the customs, the payment whereof has been poned by act of at any time postponed by virtue of “An act authorizing a further post
ponement of payment upon duty bonds," passed on the sixteenth day ch. 8.
of October last, the collectors who took said bonds, respectively, or their legal representatives, shall be allowed by the Secretary of the Treasury, and entitled to receive, the same commissions, whenever and as fast as the sums secured by such bonds shall be paid into the Treasury, as they would respectively have been entitled to be allowed and receive had the said bonds been paid at maturity and without such postponement; and no part of such commissions shall be claimed by or allowed to the successor in office of any such collector, in any case in which such suc
cessor would not have been entitled by law to a portion thereof, if such Proviso. postponement of the payment of said bonds had not taken place: Pro
vided, That nothing in this act shall be so construed as to give to any collector of the customs, or to the representatives of any such collector, a sum greater than the compensation he would have been entitled to receive in case the law therein referred to, for the suspension of pay.
ment upon revenue bonds, had not been passed, and the said commis-
STATUTE II. CHAP. XCIX.-An Act to create the office of Surveyor of Public Lands in the June 12, 1838.
Wisconsin Territory. (a) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a Surveyor for the A Surveyor to Territory of Wisconsin shall be appointed, who shall have the same be appointed, authority, and perform the same duties respecting the public lands and the same autho. private land claims in the Territory of Wisconsin, as are now vested in rity, &c. and required of the Surveyor of the lands of the United States in Ohio.
Sec. 2. And be it further enacted, That it shall be the duty of the Surveyor for Surveyor for Ohio to deliver to the Surveyor for Wisconsin Territory, Ohio to deliver all the maps, papers, records, and documents relating to the public Wisconsin alio Jands and private land claims in the said Territory of Wisconsin, which maps, &c. in may be in his office; and in every case where it shall be impracticable his office, relatto make a separation of such maps, papers, records and documents, Wisconsin; or without injury, it shall be his duty to cause copies thereof, certified by certified copies. him, to be furnished to the Surveyor for Wisconsin Territory; which copies shall be of the same validity as the originals. And the Secretary of the Treasury is hereby authorized to cause the expense attending the Expense of the transfer of the records to be paid out of the appropriation for surveying transfer to be the public lands.
paid, &c. Sec. 3. And be it further enacted, That the Surveyor for Wisconsin Surveyor of Territory, to be appointed in pursuance of this act, shall establish his Wisconsin to office at the town of Du Buque, in the Territory of Wisconsin; and establish his of that he shall be allowed an annual salary of fifteen hundred dollars, to Salary. commence at such period as his office shall be in readiness for operation; and he shall be authorized to employ one draughtsman and clerk, Authorized to whose aggregate compensation shall not exceed sixteen hundred dollars employ a draftsper annum. He shall also be allowed the sum of three hundred and man and clerk fifty dollars per annum, for office-rent, fuel, and other incidental expenses Office rent. of his office; to be paid out of any money appropriated for surveying &c. the public lands. APPROVED, June 12, 1838.
STATUTE II. Chap. C.—An Act to establish two additional land offices in that part of Wiscon- June 12, 1838.
sin Territory west of the river Mississippi. (6) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the sale of the Two land dispublic lands in that part of the Territory of Wisconsin situate west of tricts created for the river Mississippi, two land districts are hereby created; one of which the sale of the comprising all the lands south of the east and west line which forms the public lands. northern boundary of the township adjoining to, and immediately south of, the township in which the town of Davenport is situate, shall be called the Des Moines land district, the land office for which shall be Des Moines. established at the town of Burlington; and the other district, comprising the lands north of the said east and west line, shall be called Du Buquethe Du Buque land district, the office for which shall be established land office at. at the town of Du Buque.
Sec. 2. And be it further enacted, That the President be, and he is President to hereby, authorized to appoint, by and with the advice and consent of appoint a regis
(a) See notes to the act establishing the territorial government of Wisconsin, April 20, 1836, chap. 54. (6) See notes to the act of June 12, 1838, chap. 96.
ter and receiver the Senate, a register and receiver of public moneys for each of the for each district. said districts, and who shall, respectively, be required to reside at the Powers, duties, and com
site of their offices, and have powers, perform the same duties, and be pensation. entitled to the same compensation, as are or may be prescribed by law
in relation to the other land officers of the United States. Public lands in Sec. 3. And be it further enacted, That the President is authorized said districts, . to cause the public lands in the said districts with the exception of secexcept, &c. to be exposed to
tion numbered sixteen in each township, reserved for the use of schools, sale.
or such other lands as may by law be selected in lieu thereof, and of such other tracts as he may select for military or other purposes, to be exposed to sale in the same manner, and upon the same terms and con
ditions, as the other public lands of the United States. President au Sec. 4. And be it further enacted, That whenever the President may thorized to re
deem it expedient, he is hereby authorized to remove the said land move the said land offices.
offices to such other places within those districts as he may judge proper.
APPROVED, June 12, 1838. STATUTE II. June 12, 1838. Chap. CI.-An Act to ascertain and designate the boundary line between the State
of Michigan and the Territory of Wisconsin. (a)
Be it enacted by the Senate and House of Representatives of the United The boundary States of America in Congress assembled, That the Surveyor General line between Michigan and
of the Ohio, Indiana, Michigan and Wisconsin land districts, under the Wisconsin, as direction of the President of the United States, be, and he is hereby, established by authorized and required to cause to be surveyed, marked, and desigact 15 June 1836, ch. 99, to nated, the boundary line between the State of Michigan and the Terribe surveyed, tory of Wisconsin, agreeably to the boundary as established by the act marked, and
entitled " An act to establish the northern boundary line of the State designated.
of Ohio, and to provide for the admission of the State of Michigan into the Union, upon the conditions, therein expressed,” approved June fif
teenth, eighteen hundred and thirty-six; and to cause to be made a plat A plat to be or plan of the boundary between the said State of Michigan and the made, &c.
said Territory of Wisconsin, and return the same to Congress at its Appropriation
next annual session, and that the sum of three thousand dollars be, and Proviso. the same is hereby appropriated to carry into effect this act: Provided,
That the whole expense of surveying, marking and designating the said boundary line shall not exceed that sum.
APPROVED, June 12, 1838. STATUTE II. June 12, 1838. Chap. CX.--An Act concerning a seminary of learning in the Territory of
Wisconsin. Be it enacted by the Senate and House of Representatives of the Sec. Treas. to United States of America in Congress assembled, That the Secretary set apart not ex. of the Treasury be, and he is hereby, authorized to set apart and townships of reserve from sale, out of any of the public lands within the Territory land for the use of Wisconsin, to which the Indian title has been, or may be, extinof a university. guished, and not otherwise appropriated, a quantity
of land not exceeding two entire townships, for the use and support of a university within the said Territory, and for no other use or purpose whatsoever; to be located in tracts of land of not less than an entire section, corresponding with any of the legal divisions into which the public lands are authorized to be surveyed. APPROVED, June 12, 1838.
(a) See notes to the act of June 12, 1838, chap. 96.