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Delegates to House of Re

presentatives U.

&c.

Assembly thereof 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, S. how elected, 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.

Suits, &c. undetermined on

dist. courts of

SEC. 15. And be it further enacted, That all suits, process, and proceedings, and all indictments and informations, which shall be undeter3d July next in mined on the third day of July next, in the district courts of Wisconsin Territory, west of the Mississippi river, shall be transferred to be heard, tried, prosecuted and determined in the district courts hereby established, which may include the said counties.

Wisconsin, west of the

Mississippi, shall be transferred, &c.

Judicial officers

in office on 3d July next, shall act temporarily until their pla

ces are filled by

Gov't of lowa.

Proviso.

Causes re

courts of Wisconsin, west of

SEC. 16. And be it further enacted, That all justices of the peace, constables, sheriffs, and all other executive and judicial officers, who shall be in office on the third day of July next, in that portion of the present Territory of Wisconsin which will then, by this act, become the Territory of Iowa, shall be, and are hereby authorized and required to continue to exercise and perform the duties of their respective offices, as officers of the Territory of Iowa, temporarily and until they, or others, shall be duly appointed to fill their places by the Territorial 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.

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 of Wisconsin, in the counties west of the Mississippi river, by appeal or otherwise, into the supreme court for the Territory of Wisconsin, 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 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.

the Mississippi, into supreme court of Wisconsin.

Library to be kept at seat of government.

Term of members of council and House of Reps. of Wisconsin to expire, &c.

Apportion

ment of members of Council and Ho. Reps.

SEC. 18. 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 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.

SEC. 19. And be it further enacted, That from and after the day named in this act for the organization of the Territory of Iowa, the term of the members of the Council and House of Representatives of the Territory of Wisconsin shall be deemed to have expired, and an 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 Governor of the Territory of Wisconsin shall apportion the thirteen members of the Council and twenty-six members of the House of Representatives 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

First election,

conducted, &c

Time and

vernor shall appoint and direct; and shall be conducted, and returns thereof made, in all respects, according to the provisions of the laws of when held, how 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 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 otherwise provided by law of the Legislative Assembly, the Governor of the Territory of Iowa may define the judicial districts of said Territory, and assign the judges who may be appointed for said Territory to the several districts, and also appoint the times for holding courts in the several counties in each district, by proclamation to be issued by him; but the Legislative Assembly, at their first, or any subsequent session, 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, 1838.

CHAP. XCVII-An Act making appropriations for preventing and suppressing Indian hostilities for the year eighteen hundred and thirty-eight, and for arrearages for the year eighteen hundred and thirty-seven.

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 have been, or may be, incurred, in preventing or suppressing the hostilities of any Indians, in the year eighteen hundred and thirty-eight; to be expended under the direction of the Secretary of War, conformably to the acts of Congress of the nineteenth of March and the second of July, eighteen hundred and thirty-six, and of the acts therein referred to; and for arrearages of the same for the year eighteen hundred and thirty-seven :

For forage for the horses of the dragoons, volunteers, officers, and in the service of the trains, four hundred thousand dollars; For freight or transportation of military supplies sent into Florida and the Cherokee country, three hundred and fifty thousand dollars; For wagons, carts, ambulances, and harness, and for boats and lightcrs, one hundred and fifty thousand dollars;

For the transportation of supplies from the principal depots to the points of consumption, including the hire of steamboats and other vessels, and the expense of public steamers and transport schooners, seven hundred thousand dollars;

ing.

Gov. of Iowa

may temporarily define the judicial districts, assign the judges, and apof holding the courts.

point the times

STATUTE II.

June 12, 1838.

[Obsolete.]

1836, ch. 43. 1836, ch. 254.

ed under direction of Sec'y. War, conformably, &c.

To be expend

Forage for

horses.

Freight, &c. of military sup. plies. Wagons, carts,

&c.

Transportation of supplies from principal depots, &c.

Hire of mechanics, &c.

For the hire of a corps of mechanics, laborers, mule-drivers, teamsters, wagon-masters, and other assistants, two hundred and fifty thousand dollars; For transportation and other expenses of four thousand volunteers, Transportaone hundred thousand dollars;

For miscellaneous and contingent charges of all kinds, not embraced under the foregoing heads, seven hundred and fifty thousand dollars; For drafts lying over, and arrearages for services and supplies in Florida and the Cherokee country, one million forty-eight thousand six hundred dollars;

For pay of four thousand volunteers, for the year eighteen hundred
and thirty-eight, including one hundred and fifty-three thousand four
VOL V.-31
V

tion, &c. of volunteers. Miscellaneous and contingent

expenses. Drafts lying over, and ar

rearages.

Pay of volun

teers for 1838,

including arrearages for 1837.

Subsistence for militia, &c.

Purchase of powder, &c.

Tents, knapsacks, &c.

Correcting an error in paying the Indians em ployed in Flori

da. Objects specified in 3d art. of supplementary articles of t of treaty of 1835 with Cherokees, &c.

Proviso.

Further pro

VISO.

For satisfying

all claims for annuities, &c.

STATUTE IL

June 12, 1838.

Commissions

to collectors on poned by act of

bonds post

Oct. 16, 1837. ch. 8.

Proviso.

hundred and fifteen dollars arrearages for eighteen hundred and thirtyseven, one million four hundred and sixteen thousand two hundred and fifty dollars and thirty-two cents;

For subsistence for militia, volunteers, and friendly Indians, three hundred and sixty-five thousand and forty dollars;

For the purchase of powder and other materials for cartridges, together with the repairs of gun-carriages, small-arms, and accoutrements, thirty-five thousand dollars;

For tents, knapsacks, and other supplies furnished by the clothing bureau, twenty thousand six hundred and seventy-seven dollars and fifty-six cents;

For correcting an error in paying the Indians employed in the public service in Florida, seven thousand seven hundred and seventy-five dollars and fifty-three cents;

SEC. 2. And be it further enacted, That the further sum of one million forty-seven thousand and sixty-seven dollars be appropriated, out of any money in the Treasury not otherwise appropriated, in full, for all objects specified in the third article of the supplementary articles of 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: Provided, 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 treaty: And provided, further, That the said Indians shall receive no 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.

SEC. 3. And be it further enacted, That, for satisfying all claims for 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 medicines and medical assistance, and for such other purposes as the President 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.

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 States of America in Congress assembled, That, on all bonds for duties, taken by any collector of the customs, the payment whereof has been at any time postponed by virtue of "An act authorizing a further postponement of payment upon duty bonds," passed on the sixteenth day 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 successor would not have been entitled by law to a portion thereof, if such postponement of the payment of said bonds had not taken place: Provided, 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 commissions had been paid to the collector, to whom the same are hereby given, during his continuance in office, and at the first maturity of the said bonds.

APPROVED, June 12, 1838.

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 Territory of Wisconsin shall be appointed, who shall have the same authority, and perform the same duties respecting the public lands and private land claims in the Territory of Wisconsin, as are now vested in 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 Ohio to deliver to the Surveyor for Wisconsin Territory, all the maps, papers, records, and documents relating to the public lands and private land claims in the said Territory of Wisconsin, which may be in his office; and in every case where it shall be impracticable to make a separation of such maps, papers, records and documents, without injury, it shall be his duty to cause copies thereof, certified by 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 transfer of the records to be paid out of the appropriation for surveying the public lands.

A Surveyor to be appointed, who shall have the same autho

rity, &c.

Surveyor for Ohio to deliver Wisconsin all to Surveyor for maps, &c. in his office, relating to lands in Wisconsin; or certified copies.

Expense of the transfer to be paid, &c. Surveyor of Wisconsin to establish his of fice at Dubuque. Salary.

SEC. 3. And be it further enacted, That the Surveyor for Wisconsin Territory, to be appointed in pursuance of this act, shall establish his office at the town of Du Buque, in the Territory of Wisconsin; and that he shall be allowed an annual salary of fifteen hundred dollars, to commence at such period as his office shall be in readiness for operation; and he shall be authorized to employ one draughtsman and clerk, whose aggregate compensation shall not exceed sixteen hundred dollars per annum. He shall also be allowed the sum of three hundred and fifty dollars per annum, for office-rent, fuel, and other incidental expenses of his office; to be paid out of any money appropriated for surveying &c. the public lands.

APPROVED, June 12, 1838.

Authorized to employ a draftsman and clerk

-their salaries. Office rent.

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. (b)

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 public lands in that part of the Territory of Wisconsin situate west of the river Mississippi, two land districts are hereby created; one of which comprising all the lands south of the east and west line which forms the 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 established at the town of Burlington; and the other district, comprising the lands north of the said east and west line, shall be called the Du Buque land district, the office for which shall be established at the town of Du Buque.

SEC. 2. And be it further enacted, That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of

Two land dis

tricts created for the sale of the public lands.

Des Moines.

Du Buqueland office at.

President to

appoint a regis

(a) See notes to the act establishing the territorial government of Wisconsin, April 20, 1836, chap. 54. (b) See notes to the act of June 12, 1838, chap. 96.

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the Senate, a register and receiver of public moneys for each of the said districts, and who shall, respectively, be required to reside at the site of their offices, and have powers, perform the same duties, and be entitled to the same compensation, as are or may be prescribed by law in relation to the other land officers of the United States.

SEC. 3. And be it further enacted, That the President is authorized to cause the public lands in the said districts with the exception of section numbered sixteen in each township, reserved for the use of schools, 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 conditions, as the other public lands of the United States.

SEC. 4. And be it further enacted, That whenever the President may deem it expedient, he is hereby authorized to remove the said land offices to such other places within those districts as he may judge

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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 States of America in Congress assembled, That the Surveyor General of the Ohio, Indiana, Michigan and Wisconsin land districts, under the direction of the President of the United States, be, and he is hereby, authorized and required to cause to be surveyed, marked, and designated, the boundary line between the State of Michigan and the Territory of Wisconsin, agreeably to the boundary as established by the act entitled "An act to establish the northern boundary line of the State of Ohio, and to provide for the admission of the State of Michigan into the Union, upon the conditions, therein expressed," approved June fifteenth, eighteen hundred and thirty-six; and to cause to be made a plat or plan of the boundary between the said State of Michigan and the said Territory of Wisconsin, and return the same to Congress at its next annual session, and that the sum of three thousand dollars be, and 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.

June 12, 1838. CHAP. CX.-An Act concerning a seminary of learning in the Territory of

Sec. Treas. to

set apart not ex

ceeding two townships of land for the use of a university.

Wisconsin.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury be, and he is hereby, authorized to set apart and reserve from sale, out of any of the public lands within the Territory of Wisconsin, to which the Indian title has been, or may be, extinguished, 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.

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