« ForrigeFortsett »
§ 4. And be it further enacted, That the volunteers or militia, Volunteers or who have been or who may be received into the service of the militia who United States, to suppress İndian depredations in Florida, shall be wounded or entitled to all the benefits which are conferred on persons wound- disabled. ed or otherwise disabled in the service of the United States.
5. And be it further enacted, That when any officer, non- Provision for commissioned officer, artificer, or private, of said' militia or vo- widows, &c. lunteer corps, who shall die in the service of the United States, or die in the ser. returning to his place of residence after being mustered out of vice. service or at any time in consequence of wounds received in service, and shall leave a widow, or if no widow, a child or children under sixteen years of age, such widow, or if no widow, such child or children, shall be entitled to receive half the monthly pay to which the deceased was entitled, at the time of his death, for and during the term of five years; and in case of the death or intermarriage of such widow before the expiration of five years, the half pay for the remainder of the time shall go to the child or children of said decedent: Provided always, That the secretary Proviso. of war shall adopt such forms of evidence, in applications under this act, as the President of the United States may prescribe.
6. And be it further enacted, That the volunteers and militia What volunmentioned in the foregoing provisions of this act, called into ser- teers and mi. vice before its passage, and who are directed to be paid, shall ded in these embrace those only ordered into service by the commanding gen- provisions. eral or governors of states and of the territory of Florida under authority from the war department for repressing the hostilities of the Florida Indians. [.Approved, March 19th, 1836.]
CHAP. 47. An act amendatory of “the act for the relief of the suffer.
ers by fire in the city of New York,” passed March 19th, 1836.
$1. Be it enacted, fc. That the operation of the act, entitled Act of March “ An act for the relief of the sufferers by fire in the city of New 19th, limited. York passed the nineteenth day of March last past, shall be, and hereby is limited and confined exclusively to such bonds of the description set forth in said act, as were made and entered into at the custom-house in the city of New York prior to the sixteenth day of December last past." [Approved, April 15th, 1836.]
CHAP. 50. An act to repeal so much of the act entitled “ An act trans
ferring the duties of Commissioner of Loans to the Bank of the United States, and abolishing the office of Commissioner of Loans," as requires the Bank of the United States to perform the duties of Commissioner of Loans for the several States.
$ 1. Be it enacted, fc. That the first, second, and third sections Act of 1817,c. of the act entitled “an act transferring the duties of Commis- 21., vol. 3, p.
1625. sioner of Loans to the Bank of the United States, and abolishing the office of Commissioner of Loans,” passed March third, eighteen hundred and seventeen, be, and the same are hereby repealed; and the Bank of the United States and its several branches, and such state banks employed under the provisions of said act by the Bank of the United States, as have heretofore done and per'formed, or are now doing and performing, the duties of commis
sioner of loans, shall be, and they are hereby required to transmit to the secretary of the treasury, immediately after the passing of this act, all the books, papers, and records in their possession
relating to their duties as commissioners of loans. Banks to pay
§ 2. And be it further enacted, That the Bank of the United all money in. States and its several branches, and the state banks employed by to the treasury within the Bank of the United States, performing the duties of commisthree months. sioners of loans, shall be, and they are hereby required to pay
into the treasury of the United States, within three months after the passing of this act, all the money in their possession for the redemption of the public debt of the United States, and the interest thereon remaining in their hands, which has not been applied for by the person or persons entitled to receive the same.
$ 3. And be it further enacted, That it shall be the duty of the secretary of the treasury to pay over to the person or persons entitled to receive the same, the amount so received into the trea. sury by virtue of the second section of this act, out of any money in the treasury not otherwise appropriated.
4. And be it further enacted, That nothing contained in this act shall be construed to authorise the appointment of a commissioner or commissioners of loans in any state, district, or territory of the United States. [Approved, April 11th, 1836.] Chap. 52. An act making appropriations for the payment of the revo
lutionary and other pensioners of the United States, for the year one
thousand eight hundred and thirty-six. Bank notes,
$ 2. And be it further enacted, That hereafter no bank-notes of how and
less denomination than ten dollars, and that from and after the when receivable.
third day of March, anno domini, eighteen hundred and thirtyseven, no bank note of less denomination than twenty dollars shall be offered in payment in any case whatsoever in which money is to be paid by the United States or the post office department, nor shall any bank note, of any denomination, be so oflered, unless the same shall be payable, and paid on demand, in gold or silver coin, at the place where issued, and which shall not be equivalent to specie at the place where offered, and convertible into gold or silver upon the spot, at the will of the holder, and without delay or loss to him: Provided, That nothing herein contained shall be construed to make any thing but gold or silver a legal tender by any individual, or by the United States. [Approved, April 14th, 1836.]
CHAP. 54. An act establishing the Territorial Government of Wis.
consin. What country
§ 1. Be it enacted, f.c. That from and after the third day of shall consti; July next, the country included within the following boundaries totes the Whis. shall constitute a separate territory, for the purposes of temporary ry.
government, by the name of Wisconsin ; that is to bounded on the east, by a line drawn from the north-east corner of the state of Illinois, through the middle of lake Michigan, to a point in the middle of said lake, and opposite the main channel of Green bay, and through said channel and Green bay to the mouth of the
Monomonie river; thence through the middle of the main channel of said river, to that head of said river nearest to the lake of the desert; thence in a direct line, to the middle of said lake; thence through the middle of the main channel of the Montreal river, to its mouth; thence with a direct line across lake Superior, to where the territorial line of the United States last touches said lake northwest ; thence on the north, with the said territorial line, to the White-earth, river; on the west, by a line from the said boundary line following down the middle of the main channel of White-earth river, to the Missouri river, and down the middle of the main channel of the Missouri river to a point due west from the north-west corner of the state of Missouri; and on the south, from said point, due east to the north-west corner of the state of Missouri, and thence with the boundaries of the states of Missouri and Illinois, as already fixed by acts of Congress. And after the said third day of July next, all power and authority of the government of Michigan, in, and over the territory hereby constituted, shall cease. Provided, That nothing in this act contained, Proviso. shall be construed to impair the rights of person or property now appertaining to 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, That Proviso. nothing in this act contained shall be construed to inhibit the government of the United States from dividing the territory hereby established 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. § 2. And be it further enacted, That the executive power and Appointment
and powers of authority in and over the said territory shall be vested in a gov
governor. ernor, who shall hold his office for three years, unless sooner removed 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 aflairs, 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 territory, and shall take care that the laws be faithfully executed.
$ 3. And be it further enacted, That there shall be a secretary Secretary ; of the said territory, who shall reside therein, and hold his office his duties. 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
Legislature ; how consti. tuted and elected.
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. And in case of the death, removal, resignation, or necessary absence of the governor from the territory, the secretary shall have, and he is hereby authorised and required to execute and perform all the powers and duties of the governor during such vacancy or necessary absence.
§ 4. And be it further enacted, That the legislative power shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of represenlatives. The council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue four years. The house of representatives shall consist of twenty-six members, possessing the same qualifications as prescribed for the members of the council, and whose term of service shall continue two years. An apportionment shall be made, as nearly equal as practicable, among the several counties, for the election of the council and representatives, giving to each section of the territory, representation in the ratio of its population, (Indians excepted,) as nearly as may be. And the said members of the council and house of representatives, shall reside in, and be inhabitants of the district for which they may be 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, and returns thereof made by said 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 of members of the council and house of representatives to which each of the counties is entitled under this act. The number of persons authorised to be elected having the greatest number of votes in each of the said counties for the council, shall be 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 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 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.
$ 5. And be it further enacted, That every free white male Who shall be citizen of the United States, above the age of twenty-one years, office.
eligible to who shall have 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 Proviso. the right of suffrage shall be exercised only by citizens of the United States.
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 legislature. no law 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. $ 7. And be it further enacted, That all township officers and
What officers all county officers, except judicial officers, justices of the peace, are to be sheriffs, and clerks of courts, shall be elected by the people, in elected by such manner as may be provided by the governor and legislative the people. 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 legislative assembly.
$ 8. And be it further enacted, That no member of the legisla- Disqualificative assembly shall hold or be appointed to any office created, or tions for the salary or emoluments of which shall have been increased office. 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 cominission 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.
$ 9. And be it fürther 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 at law. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate