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other civil officers to take an
Pay of the
taken, and such certificate shall be received and recorded by 1838. the said Secretary among the executive proceedings. And, afterwards, the chief justice and associate judges, and all other Chief justice civil officers in said Territory, before they act as such, shall judges, and all take a like oath or affirmation before the said Governor or secretary, or some judge or justice or the Territory who may oath, &c. be duly 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 annual salary of fifteen Salary of the hundred dollars as Governor, and one thousand dollars as superintendent of Indian affairs. The said chief judge and asso- Salary of the ciate justices shall each receive an annual salary of fifteen associate justices. hundred dollars. The secretary shall receive an annual salary Salary of the of twelve hundred dollars. The said salaries shall be paid Salaries how quarter-yearly at the Treasury of the United States. The paid. members of the Legistative Assembly shall be entitled to re-members of the ceive three dollars each per day, during their attendance at the sembly. sessions thereof; and three dollars each for every twenty miles travel in going to and returning from, the said sessions, estimated according to the nearest usually travelled route. There Contingent exshall be appropriated, annually, the sum of three hundred and Territory, &c. fifty dollars, to be expended by the 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 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 Rights, &c. the the said Territory shall be entitled to all the rights, privileges granted to Wis. and immunities heretofore granted and secured to the Territory of Wisconsin and to its inhabitants; and the existing laws of of Wisconsin exthe Territory of Wisconsin shall be extended over said Territory, so far as the same be not imcompatible with the provisions of this act, subject, nevertheless, to be altered, modified, or repealed, by the Governor and Legislative Assembly of the said Territory of Iowa; and further, the laws of the Laws U.S.ex. United States are hereby extended over, and shall be in force in said Territory, so far as the same, or any provisions thereof, may be applicable.
Sec. 13. And be it further enacted, That the Legislative First session of Assembly of the Territory of Iowa shall hold its first session Assembly to be at such time and place in said Territory as the Governor there where Gold of shall appoint and direct; and at said session, or as soon shall direct. thereafter as may by them be deemed expedient, the said Go- Legislative As. vernor and Legislative Assembly shall proceed to locate and sented
at the te 9
consin. Existing laws
tended over lo
seat of Govt.
dist. courts of
1838. establish the seat of Government for said Territory, at such
place as they may deem eligible, which place, however, shall
thereafter be subject to be changed by the said Governor and $20,00 apropri. Legislative Assembly. And the sum of twenty thousand dolelod of publierec- lars, out of any money in the Treasury not otherwise approbeat coin the priated, is hereby granted to the said Territory of Iowa, which
shall be applied by the Governor and Legislative Assembly thereof to defray the expenses of erecting public buildings at
the seat of Government. Delegate lo the Sec. 14. And be it further enacted, That a delegate to the House of Reprow House of Representatives of the United States to serve for the elected, &c.
term of two years, 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. un.
Sec. 15. Ånd be it further enacted, That all suits, process, determined on 3d and proceedings, and all indictments and informations, which
shall be undetermined on the third day of July next, in the Wisconsin, west of the Misissip. district courts of Wisconsin Territory, west of the Mississippi ferred to the dist. river, shall be transferred to be heard, tried, prosecuted and couris hereby es determined in the district courts hereby established, which may
include the said counties. Judicial officers, Sec. 16. And be it further enacted, That all justices of the July next, shall peace, constables, sheriffs, and all other executive judicial offiuntil their places cers, who shall be in office on the third day of July next, in Govt. of lowa Her find led by the 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. Causes removed Sec. 17. And be it further enacted, That all causes which fromches courses shall have been or may be removed from the courts held by of the Mississip- the present Territory of Wisconsin, in the counties west of the preme court of Mississippi river, by appeal or otherwise, into the supreme termined on 346 court for the Territory of Wisconsin, and which shall be unJuly, next, trans- determined therein on the third day of July next, shall be cerpreme court of tified 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.
in office on 31
Sec. 18. And be it further enacted, That the sum of five 1838. thousand dollars be, and same is hereby appropriated, out of 85,000 appropriany money in the Treasury not otherwise appropriated, to be chase or a library expended by, and under the direction of, the Governor of said to be kept at the
seat of Govt., &c. Territory of Iowa, in the purchase of a library, to be kept at the seat of Government, for the accomodation 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 Term of the Representatives of the Territory of Wisconsin, shall be deemed members of the to have expired and an entirely new organization of the Coun-House of Repe. cil and House of Representatives of the Territory of Wiscon-expire on 31 July sin as constituted by this act shall take place as follows: As organization 10
take place. 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 Apportionment of Representatives among the several counties or districts com- of the Council prised within said Territory, according to their population, as and House of nearly as may be (Indians excepted.) The first election shall be
First election, held at such time as the Governor shall appoint and direct; and when held, how shall be conducted, and returns thereof made, in all respects, ac- conducted, &c. cording to the provisions of the laws of 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
Time and place shall appoint, but thereafter the apportioning of the representa- of meeting. tion 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 Govt. of Iowa until otherwise provided by law of the legislative Assembly, define the judici. the Governor of the Territory of Iowa may define the judicial sign the judges, districts of said Territory and assign the judges who may be and appointine appointed for said Territory, to the several districts and also the courts ; but appoint the times for holding courts in the several counties in Assembly may each district, by proclamation to be issued by him ; but the alter the same. 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 12th, 1838.
1838. CHAP. 97. 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
(Sec. 1.) 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 To be expend-expended under the direction of the Secretary of War, conrection of the Se. formably to the acts of Congress of the nineteenth of March cretary of Wate, 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: Porage for hor. For forage for the horses of the dragoons, volunteers, officers,
and in the service of the trains, four hundred thousand dol
lars ; Freight or For freight or transportation of military supplies sent into transportation of military sup
Florida and the Cherokee country, three hundred and fifty plies.
thousand dollars ; Wagons, carts, For wagons, carts, ambulances, and harness, and for boats
and lighters, one hundred and fifty thousand dollars; Transporta For the transportation of supplies from the principal depots from the princes to the points of consumption, including the hire of steamboats pal depois, &c. and other vessels, and the expense of public steamers and
transport schooners, seven hundred thousand dollars ;
For the hire of a corps of mechanics, laborers, mule-drivers, of mechanics,
teamsters, wagon-masters, and other assistants, two hundred
and fifty thousand dollars ; Transporta For transportation and other expenses of four thousand vo
lunteers, one hundred thousand dollars; Miscellaneous For miscellaneous and contingent charges of all kinds, not and contingent embraced under the foregoing heads, seven hundred and filty
thousand dollars ; Drafts lying For drafts lying over, and arrearages for services and sup
plies in Florida and the Cherokee country, one million forty
eight thousand six hundred dollars; Pay of volun. For pay of four thousand volunteers, for the year eighteen
hundred and thirty-eight, including one hundred and fifty-three thousand four hundred and fifteen dollars arrearages for eighteen hundred and thirty-seven, one million four hundred and sixteen thousand two hundred and fifty dollars and thirty-two cents;
For subsistence for militia, volunteers, and friendly Indians, mililia, &c.
three hundred and sixty-five thousand and forty dollars ;
For the purchase of powder and other materials for carpowder, &c.
tridges, together with the repairs of gun-cariages, small-arms,
and accoutrements, thirty-five thousand dollars ; Tents, knap For tents, knapsacks, and other supplies furnished by the supplies furnish clothing bureau, twenty thousand six hundred and seventy: ed by the cloth
seven dollars and fifty-six cents;
Hire of a corps
tion, &c. of volunteers.
over, and arrearages.
teers for 1838, including arrearages for 1837.
sacks, and other
error in paying the Indians em
For correcting an error in paying the Indians employed in 1838. the public service in Florida, seven thousand seven hundred Correcting an and seventy-five dollars and fifty-three cents;
Sec. 2. And be it further enacted, That the further sum ployed in Floriof one million forty-seven thousand and sixty-seven dollars be $1,017,067 for appropriated, out of any money in the Treasury not otherwise in 31 art of the appropriated, in full, for all objects specified in the third article icles of the trea: of the supplementary articles of the treaty of eighteen hundred the Cherokees, and thirty-five, between the United States and the Cherokee &c. 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 de- Provison ducted from the five millions stipulated to be paid to said tribe of Indians by said treaty: And provided, further, That the Further proviso. said Indians shall receive no benefit from the said appropriation, unless they shall comple 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 For satisfying claims for arrearages of annuities, for supplying blankets and nuisies, &c. other articles of clothing for the Cherokees who are not able $100,000. 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 faciliate the removal of the Cherokees, one hundred thousand dollars be appropriated out of any money in the Treasury not otherwise appropriated.
Approved, June 12th, 1838.
CHAP. 98. An ACT to secure the payment of certain commissions on duty bonds
to collectors of customs.
(Sec. 1.] 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 Collectors who of the customs, the payment whereof has been at any time took bondschat postponed by virtue of “ An act authorizing a further post-by aci 16 Oct. ponement of payment upon duty bonds,” passed on the six-lowed the same teenth day of October last, the collectors who took said bonds, thereon, when. respectively, or their legal representatives, shall be allowed by cured by such the Secretary of the Treasury, and entitled to receive, the same bonds, shall be commissions, whenever and as fast as the sums secured by Treasury, as they such bonds shall be paid into the Treasury, as they would allowed, had the respectively have been entitled to be allowed and receive had bonds been paid the said bonds been paid at maturity and without such postponement; and no part of such commissions shall be claimed shall be allowed by or allowed to the successor in office of any such collector, in such collectors, in any case in which such successor would not have been en-would not have titled by law to a portion thereof, if such postponement of the beer cent the door
, no part of such commissions
a portion ,