^•fMinnejou following limits, to wil: Beginning in the Mississippi riTer, ai

* " '" the point where the line of forty-three degrees and thirty minutes of north latitude crosses the same, thence running due west on said line, which is the northern boundary of the State of Iowa, to the northwest corner of the said State of Iowa, thence southerly along the western boundary of said Stale to the point where said boundary strikes the Missouri river, thence up the middle of the main channel of the Missouri river to the mouth of the White;earih river, thence up the middle of the main channel of the White-earth river to the boundary line between the possessions of the United Stales and Great Britain; J- thence east and south of east along the boundary line between the

possessions of the United States and Greal Britain to Lake Superior; thence in a straight line to the northernmost point of the State of Wisconsin in lake Superior; thence along the vre?/ern boundary line of said State of Wisconsin to the Mississippi river; thence down the main channel of said river to the place of beginning, be, and the same is hereby, erected into a temporary rower to divide government by the name of the Territory of Minnesota: Prelo"ntiach0»ypor- vided, That nothing in this act contained shall be construed to gSTis'or termor? inhibit the Government of (he United Slates from dividing said reserved. Territory into two or more territories, in such manner and at such times, as'Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other Stats or Territory of the United States. The executive Sec. 2. Andbe it further enacted', That the executive pow«Tco"eroo8"diii» er n,H' authority in and over said Territory of Minnesota shall poweri °Iuua'i De vesled m n governor, who shall hold his office for fouryears, emolument?.' and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside within said Territory, shall be commander in chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affaiisjbe may grant pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United Slates 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 powVrs*«i3"dtt" secretary of 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 preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in bi3 executive department; he shall transmit one copy of the laws and one copy of the executive proceedings, on or before the first day of December in each year1,1 tb the President of the United Stales, and, at the same lime, two copies of the laws to the Speaker of the House of Representatives, and the President of incaseordeath, t_he Senate,for the use of Congress. And in case of the death.

resignation, or re- '. 'L r -l r

efferent- removal, resignation, or necessary absence of the governor from. the Territory, the secretary shall be, and he ia hereby, author- or, the secretary ized and required to execute and perform all the powers and £.,cl ** *0VM11 duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy.,.

Sec 4. Arid be it further enacted, That the legislative pow- 'euvv£&w er and authority of said Territory shall be vested in the governor and a legislative assembly. The legislative assembly shall ,en^8l"Conrist consist of a council and house of representatives. The council of council and shall consist of nine members, having the qualifications of vo- »°n7atives.repTM •ters as hereinafter prescribed, whose term of service shall con linue two years. The house of representatives shall,at its first session, consist of eighteen members, possessing the same quali-ficalions as prescribed for members of the council, and whose term of service shall continue one year. The number of councillors and representatives may be increased by the legislative assembly, from time to time, in proportion to the increase of .population: Provided, That the whole number shall never. Pro viso—nam

1 r , ,., ...' ... • . . berof councillors

exceed fifteen councillors and tnmy-nine representatives. An nnd represenia-apportionment shall be made, as nearly equal as practicable, ''ApJ^omnont among the several counties or districts, for the election of the ofrepresenuuon council and representatives, giving to each section of the Territory representation in the ratio of its population', Indians excepted, as nearly as may be. Aud the members of the council and of the house of representatives sTiall reside in, and be inhabitants of, the district for which they may be elected respectively. Previous to the first election, the governor shall cause a census or enumeration of the inhabitants of the several coun- r>aaaa i* be ties and districts of the Territory to be taken, and the first elee- lnl"jn-wh*n' . tjon shall be held at such time and places, and be conducted ia such manner, as the governor shall appoint and direct; and he shall, at (he same lime, declare the number of memb rs of the council aud house of representatives to which each of the counties or districts shall be entitled under this act. The number now election of persons authorized to be elected having the highest number tt* eoaiucl' of votes in each of said council districts for members of the council shall be declared by the governor to be duly elected to the council; and the person or persons authorized to be elected having the greatest number of votes for the house of representatives, equal to the number to which each county or district shall be entitled,shall be declared by the governor to be duly elected members of the house of representatives: . Provided, That in Pr0T*"0case of a lie between two or more persons voted for, the governor shall order a new election to supply the vacancy made by such lie. And the persons thus elected to the legislative assembly shall meet at such place, and on such day, as the governor shall appoint; but thereafter, the time, place, and manner of holding and conducting all election by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives according to the population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative as

Pioriso M u> sembly: Provided, That no one session shall exceed the term

terms of sessions ~ *

of legislative a- Of BlXty ClDyS.

"^isiificationa Sec. 5. And be it further enacted, That every free while of roteTM. male inhabitant above the age of twenty-one years, who shall luive been a resident of said Territory at the time of the pas•» snge of this act, 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 and of holding office,at all subsequent elections, shall be such ns shall be prescribed by the Piorteo legislative assembly: Provided, That the right of suffrage and of holding office shall be exercised only by cilizens of the United Slates, and those who shall have declared, on oaf//, their intention to become such, and shall have taken an oath to support the Constitution of the United Stales and the provisions of this act.

Eitmtoriegis- Sec. 6. And be it further enacted, That the legislative i«uvt power. power of the Territory shall extend to all rightful subjects of legislation, consistent with the Consiitution of (he United Slates and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon (he properly of the United Slates; nor shall the lands or other properly of non-residents be taxed higher thaa the lands or other properly of residents. All the laws passed by jJie legislative assembly and governor shall be submitted to the Congress of the United States, and if disapproved, shall be null and of no effect. Howtowmtiip, Sec. 7. And be it further enacted, That all township, disOTun'y1' nmccri tricl, and county officers, not herein otherwise provided for, «wi be appoint- Pl)a][ be appointed or elected, as the case may be, in such manner as shall be provided bythe governor and legislative assembly of the Territory of Minesota. The governor shall nominate, and, by and with the advice and consent of the legislative council, appoint all officers not herein otherwise provided for; and in the first inslance the governor alone may appoint all said officers, who shall hold their offices until the end of the next session of the legislative assembly. No member of OKC. 8. And be it furt/ter enacted, That no member of the aembT'w'hoid legislative assembly shall hold or be appointed to any office whue heCwa»ea w^'c'' shall have been created,-or the salary or emoluments of member, or for which shall have been increased, while he was a member, tereyoriclerir:,^f during the term for which he was elected, and for one yeai

or* th^cUnited a^ler tne exP'ranon-01" 8ucn term; and no person holding a Bute*, eiccpt commission or appointment under the United Slates, except tTb^membersofpostmasters, shall be a member of the legislative assembly, or ihcaeaemMy. sna|| hold any office under the government of said Territory, judicial power Sec. 9 And be it further enacted, That the judicial power vested ^ Territory shull be vested irf at supreme court, district courts, probate courts, and in justices of the peace. The ccoott. supreme court shall consist of a chief justice and two associate justices, any two of whom shall conslitute n quorum, and who shall hold a term at the seat of government of said Territory annually, and they shall hold their offices during the period of four years. The said Territory shall be divided into three District coon*.

judicial districts, and a district court shall be held in each of

said districts by one of (he justices of the supreme court, at

such limes and places as mny be prescribed by law; and the

said judges shall, after their appoinlsment, respectively, reside

in the districts which shall be assigned them. The jurisdiction Jurisdiction of

the supreme, dls

[ocr errors]

of the several courts herein provided for, both appellate and trict.snd original, and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, That the justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and dkfrict courts, respectively, shaU possess chancery as well as common law jurisdiction. Each district court, or the judge thereof, shall appoint its clerk, cieriuordistriot who shall also be the register in chancery, and shall keep his couruoffice at the place where the court may beheld. Writs of error, bills of exception and appeals, shall be allowed in all cases from the final decisions of 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, or the justices thereof, shall appoint its own clerk, and every clerk c£j£* 01 Ba* shall hold his office at the pleasure of the court for which he °u shall have been appointed. Writs of error and appeals from the final decisions of said supreme court shall be allowed and may be 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 (he amount in controversy, to be ascertained by the oath or affirmation of either party,or other competent witness, 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 Slates; and the first six days of every term^of 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 appeal in all such cases shall be made lo the supreme court of said Territory, the same as in other cases. The said clerk shall receive, in all such cases, the ree«order*, same fees which the clerks of the district courts of the late Wiscousin Territory received for similar services.

Sec. 10. And be it further enacted, That there shall be m^nrj'ey appointed an attorney for said Territory, who shall continue in fees and . office for four years, unless sooner removed by the President,' and who shall receive the same fees and salary as the attorney of the United Slates for the late Territory of Wisconsin received. There shall also be a marshal for the Territory appointed, who . shall hold his office for four years, unless sooner removed by <be President, and who shall execute all processes issuing from the said courts, when exercising their jurisdiction as circuit and

district courts of the United States; he shall perform the dutier, be subject to the same regulations and penalties, and be entitled to the same fees, as the marshal of th& district court of the Uniied States for the late Territory of Wisconsin; and shall, in addition, be paid two hundred dollars annually as a compensation for extra services. Governor,«ec- Sec.11. And be it further enacted', That the governor,

retary. chieranl , L- r • .■ j • . • .■ i

awoHate jus- secretary, chief justice, and associate justices, attorney, and andmareha^'K marsna'' sna" De nominated, and, by and with the advice and to be appointed, consent of the Senate , appointed by the President of the UnitedStates. The governor and Secretary to be appointed as aforeEach to take said shall, before they act as such, respectively take an oarhr officiai oath.,kc. 0|. afljrrnatjon. before tl#district judge, or some justice of thepeace in the limits of said Territory, duly authorized fo Administer oaths and affirmations by the laws now in force (herein, or before the chief justice or some associate justice of the Supreme Court of the United States, to support the Consulu. tion of the United Slates, and faiihfully to discharge the duties of their respective offices; which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken, and such certificates shall be received and recorded by the said secretary among the executive proceedings; and the chief jusiice and associate justices, 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 jusiice of the peace of ihe Territory, who May be duly commissioned and qualified, which said oath or affirmation shall be certified and transmuted by the person taking the same, to Ihe 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 trior."7 ofeOT"'aw- The governor shull receive an annual salary of fifteen hundred dollars as governor, and one thousand dollars as super(Eaiane«ofchief jntendent of Indian affairs. The chief justice and associate anjuwociatcjiM jus,jceg 3na]i enc|1 recejve an annual salary of eighteen hun

saiaiy ofaec-dred dollars. The secretary shall receive an annual salary of reiary. eighteen 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

of members of three dollars each per day during their attendance at the sesjegisiativcaasem- sjong tlie'reoT, and three dollars each for every twenly miles travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route. There shall ProvMion for De appropriated, annually, the sum of one thousand dollars, to be expended by (he 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 Stales, 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

[ocr errors]
« ForrigeFortsett »