mander in chief, &c. Powers and duties of the of the United States. He shall be commander in chief of the Governor commilitia of the said territory, and be, ex officio, superintendent of Indian affairs; and shall have power to grant pardons for offences against the said territory, and reprieves for those against the United States, until the decision of the president of the United governor. States thereon shall be made known; and to appoint and commission all officers, civil and of the militia, whose appointments are not herein otherwise provided for, and which shall be established by law: he shall take care that the laws be faithfully executed. &c. §3. That a secretary of the territory shall also be appointed, A secretary of who shall hold his office during the term of four years, unless the territory, sooner removed by the president of the United States; whose Duties of the duty it shall be, under the direction of the governor, to record secretary. and preserve all the papers and proceedings of the executive, and all the acts of the governor and legislative council, and transmit authentic copies of the proceedings of the governor, in his executive department, every six months, to the president of the United States. 4. That, in case of the death, removal, resignation, or necessary absence, of the governor of the said territory, the secretary thereof shall be, and he is hereby, authorized and required to execute all the powers, and perform all the duties, of the governor, during the vacancy occasioned by the removal, resignation, or necessary absence, of the said governor. The secretary to act as case of a vacancy. governor in Governor and legislation. § 5. That the legislative power shall be vested in the governor, and in thirteen of the most fit and discreet persons of the ter- council of 13, a legislative ritory, to be called the legislative council, who shall be appoint- to be appoint ed annually, by the president of the United States, by and with ed annually. the advice and consent of the senate, from among the citizens of the United States residing there. The governor, by and with Powers of the the advice and consent of the said legislative council, or a ma- legislature. jority of them, shall have power to alter, modify, or repeal, the laws which may be in force at the commencement of this act. Their legislative powers shall also extend to all the rightful sub- Restriction of jects of legislation; but no law shall be valid which is inconsist- the powers of ent with the constitution and laws of the United States, or which shall lay any person under restraint, burthen, or disability, on account of his religious opinions, professions, or worship; in all which he shall be free to maintain his own, and not burthened with those of another. The governor shall publish, throughout The governor the said territory, all the laws which shall be made, and shall, to publish the on or before the first day of December in each year, report the port them to same to the president of the United States, to be laid before congress, which, if disapproved by congress, shall thenceforth be of no force. The governor and legislative council shall have no power over the primary disposal of the soil, nor to tax the lands of the United States, nor to interfere with the claims to lands within said territory: the legislative council shall hold a session once in each year, commencing its first session on the second Monday of June next, at Pensacola, and continue in ses- legislative sion not longer than two months; and thereafter on the first council, Monday in May, in each and every year; but shall not continue laws, and re the president. The governor and council over the primary disposal have no power of the soil, &c. Sessions of the The governor longer in session than four weeks; to be held at such place in said territory as the governor and council shall direct: It shall to obtain infor- be the duty of the governor to obtain all, the information in his power in relation to the customs, habits, and dispositions, of the inhabitants of the said territory, and communicate the same, from time to time, to the president of the United States. mation, and communicate it to the presi- Judicial power sessions at St. A superior § 6. That the judicial power shall be vested in two superior courts, and in such inferior courts and justices of the peace, as the legislative council of the territory may, from time to time, establish. There shall be a superior court for that part of the territory known as East Florida, to consist of one judge; he shall hold a court on the first Mondays in January, April, July, and October, in each year, at St. Augustine, and at such other times and places as the legislative council shall direct. There shall be a superior court for that part of the territory known as West court for West Florida, to consist of one judge; he shall hold a court at PensaFlorida, with sessions at cola on the first Mondays in January, April, July, and October, in each year, and at such other times and places as the legislative council shall direct. Within its limits, herein described, each court shall have jurisdiction in all criminal cases, and exclusive jurisdiction in all capital cases, and original jurisdiction in all civil cases of the value of one hundred dollars, arising under, and cognizable by, the laws of the territory, now of force therein, or which may, at any time, be enacted by the legislative Each judge to council thereof. Each judge shall appoint a clerk for his re Pensacola, &c. Jurisdiction of the superior courts. appoint a clerk, Established fees to the clerks. The superior courts to have the same jurisdiction as the court of KenLucky district. Act of 1793, ch. 66. Writs of error the supreme court, &c. spective court, who shall reside, respectively, at St. Augustine and Pensacola, and they shall keep the records there. Each clerk shall receive for his services, in all cases arising under the territorial laws, such fees as may be established by the legislative council. 7. That each of said superior courts shall, moreover, have and exercise the same jurisdiction, within its limits, in all cases arising under the laws and constitution of the United States, which, by an act to establish the judicial power [courts] of the United States, approved the twenty-fourth day of September, one thousand seven hundred and eighty-nine, and "An act in addition to the act, entitled "An act to establish the judicial courts of the United States," approved the second day of March, one thousand seven hundred and ninety-three, was vested in the court of the Kentucky district. And writs of error and appeal and appeal to from the decisions in the said superior courts, authorized by this section of this act, shall be made to the supreme court of the United States, in the same cases, and under the same regulations, Clerks to keep as from the circuit courts of the United States. The clerks, respectively, shall keep the records at the places where the courts are held, and shall receive, in all cases arising under the laws and constitution of the United States, the same fees which the clerk of the Kentucky district received for similar services, whilst that court exercised the powers of the circuit and district courts. Two attorneys There shall be appointed, in the said territory, two persons learned in the law, to act as attorneys for the United States as well as for the territory; one for that part of the territory known as East Florida, the other for that part of the territory known as the records where the courts are held. Clerks' fees, as in the Kentucky district. for the terri tory. ann. besides court. 200 dolls, annually, besides fees, to each marshal. nate. Term of judicial offices. Governor, secretary, &c. to take an oath. West Florida: to each of whom, in addition to his stated fees, 200 dolls. per shall be paid, annually, two hundred dollars, as a full compen- fees, to each sation for all extra services. There shall also be appointed two attorney. marshals, one for each of the said superior courts, who shall each A marshal for perform the same duties, be subject to the same regulations and each superior penalties, and be entitled to the same fees, to which marshals in other districts are entitled for similar services; and shall, in addition, be paid the sum of two hundred dollars, annually, as a compensation for all extra services. § 8. That the governor, secretary, judges of the superior Governor, secourts, district attorneys, marshals, and all general officers of cretary, &c. to be appointed the militia, shall be appointed by the president of the United by the presiStates, by and with the advice and consent of the senate. All dent and sejudicial officers shall hold their offices for the term of four years, and no longer. The governor, secretary, judges, members of the legislative council, justices of the peace, and all other officers, civil and of the militia, before they enter upon the duties of their respective offices, shall take an oath or affirmation to support the constitution of the United States, and for the faithful discharge of the duties of their office; the governor, before the president The governor of the United States, or before a judge of the supreme or district to take the court of the United States, or before such other person as the president, &c. president of the United States shall authorize to administer the same; the secretary, judges, and members of the legislative council, before the governor; and all other officers, before such persons as the governor shall direct. The governor shall receive an annual salary of two thousand five hundred dollars; the secretary, of one thousand five hundred dollars; and the judges of one thousand five hundred dollars, each; to be paid quarter yearly out of the treasury of the United States. The members of the legislative council shall receive three dollars each, per day, during their attendance in council, and three dollars for every twenty miles in going to, and returning from, any meeting of the legislative council, once in each session, and no more. The members of the legislative council shall be privileged from arrest, ex- council privicept in cases of treason, felony, and breach of the peace, during leged from artheir going to, attendance at, and returning from, each session of said council. oath before the The secretary, &c. before the governor. Salary of 2500 dolls, to the governor. 1500 dolls, to the secretary. Three dolls. a rest, &c. The acts men- in Florida. 9. That the following acts, that is to say: "An act for the punishment of certain crimes against the United States," approved April thirtieth, one thousand seven hundred and ninety, and all acts in addition or supplementary thereto, which are now in 9. force: "An act to provide for the punishment of crimes and of Act of 1817, ch. fences committed within the Indian boundaries," approved March 265. third, one thousand eight hundred and seventeen: "An act in Act of 1818, ch. addition to the act for the punishment of certain crimes against 83. the United States, and to repeal the acts therein mentioned," approved April twentieth, one thousand eight hundred and eighteen: "An act for the punishment of crimes therein specified," Act of 1799, ch. approved January thirtieth, one thousand seven hundred and 107. ninety-nine: "An act respecting fugitives from justice, and per- Act of 1793, ch. sons escaping from the service of their masters," approved twelfth 51. February, one thousand seven hundred and ninety-three: "An Act of 1794, ch. 11. Act of 1800, ch. 51. Act of 1807,ch. 77. [67.] Act of 1807, ch. 101. [91.] 86. 113. 54. 48. Act of 1804, ch. 60. 66 act to prohibit the carrying on the slave trade from the United States to any foreign place or country," approved March twenty-second, one thousand seven hundred and ninety-nine: "An act in addition to the act, entitled 'An act to prohibit the carrying on the slave trade from the United States to any foreign place or country," approved May tenth, one thousand eight hundred: "The act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight," approved March second, one thousand eight hundred and seven: "An act to prevent settlements being made on lands ceded to the United States until authorized by law," approved March third, one thousand eight Act of 1818, ch. hundred and seven : An act in addition to 'An act to prohibit the importation of slaves into any port or place within the jurisdiction of the United States, from and after the first day of January, in the year of our Lord one thousand eight hundred and eight, and to repeal certain parts of the same," approved April Act of 1820, ch. twentieth, one thousand eight hundred and eighteen: "An act in addition to the acts prohibiting the slave trade," approved March third, one thousand eight hundred and nineteen: "An Act of 1810, ch. act to establish the post office of the United States :" "An act further to alter and establish certain post roads, and for the more Act of 1802, ch. secure carriage of the mail of the United States :" "An act for the more general promulgation of the laws of the United States :" An act in addition to an act, entitled "An act for the more general promulgation of the laws of the United States:" "An act to provide for the publication of the laws of the United States, and for other purposes:" "An act to promote the progress of useful arts, and to repeal the act heretofore made for that purpose:" "An act to extend the privilege of obtaining patents for useful discoveries and inventions to certain persons therein mentioned, and to enlarge and define the penalties for violating the rights of patentees :" "An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the time therein mentioned:""The act supplementary thereto, and for extending the benefits thereof to the arts of designing, engraving, and etching, historical and other prints:" "An act to prescribe the mode in which the public acts, records, and judicial proceedings, in each state, shall be authenticated, so as to take effect in any Act of 1804, ch. other state:" "An act supplementary to the act, entitled 'An act to prescribe the mode in which the public acts, records, and judicial proceedings, in each state, shall be acknowledged, so as to take effect in any other state :" "An act for establishing trading-houses with the Indian tribes," and the several acts continuing the same: "An act making provision relative to rations for Indians, and their visits to the seat of government:" And the relating to the laws of the United States relating to the revenue and its collecrevenue and its tion, subject to the modification stipulated by the fifteenth arti ject to the mo- cle of the treaty of the twenty-second February, one thousand difications sti- eight hundred and nine, in favor of Spanish vessels and their carpulated, &c. goes; and all other public laws of the United States, which are Act of 1818, ch. 75. Act of 1793, ch. 55. Act of 1800, ch. 25. Act of 1790, ch. 42. [15.] Act of 1802, ch. 36. not repugnant to the provisions of this act, shall extend to, and have full force and effect in, the territory aforesaid. in their liberty, § 10. That, to the end that the inhabitants may be protected The inhabitin their liberty, property, and the exercise of their religion, no ants protected law shall ever be valid which shall impair, or in any way restrain, property, and the freedom of religious opinions, professions, or worship. They the exercise of shall be entitled to the benefit of the writ of habeas corpus. religion. They shall be bailable in all cases, except for capital offences, where the proof is evident or the presumption great. All fines shall be moderate and proportioned to the offence; and exces→ sive bail shall not be required, nor cruel or unusual punishments inflicted. No ex post facto law, or law impairing the obligation of contracts, shall ever be passed; nor shall private property be Contracts not taken for public uses without just compensation. to be impaired, 11. That all free male white persons, who are housekeepers, Qualifications and who shall have resided one year, at least, in the said territo- of grand and petit jurors, ry, shall be qualified to act as grand and petit jurors in the courts and selection of the said territory; and they shall, until the legislature thereof of them. shall otherwise direct, be selected in such manner as the judges of the said courts shall respectively prescribe, so as to be most conducive to an impartial trial, and to be least burthensome to the inhabitants of the said territory. &c. ed. § 12. That it shall not be lawful for any person or persons to Importation of import or bring into the said territory, from any port or place slaves prohibitwithout the limits of the United States, or cause or procure to be so imported or brought, or knowingly to aid or assist in so importing or bringing, any slave or slaves. And every person so of Under a penal fending, and being thereof convicted before any court within ty of 300 dolthe said territory, having competent jurisdiction, shall forfeit and lars from each pay, for each and every slave so imported or brought, the sum of every slave. three hundred dollars, one moiety for the use of the United States, and the other moiety for the use of the person or persons who shall sue for the same; and every slave so imported or brought shall thereupon become entitled to, and receive, his or her freedom. person, for force till alter § 13. That the laws in force in the said territory, at the com- Present terri mencement of this act, and not inconsistent with the provisions torial laws in thereof, shall continue in force until altered, modified, or repeal- ed. ed, by the legislature. tled to a dele gate, &c. 14. That the citizens of the said territory shall be entitled Citizens of the to one delegate to congress, for the said territory, who shall pos- territory entisess the same powers heretofore granted to the delegates from the several territories of the United States. The said delegate The persons by shall be elected by such description of persons, at such times, whom, and the and under such regulations, as the governor and legislative coun- &c. the delecil may, from time to time, ordain and direct. [Approved, March gate may be 30, 1822.] times at which, elected. CHAP. 14. An act to authorize the state of Illinois to open a canal through the public lands, to connect the Illinois river with lake Michigan. 1. Be it enacted, &c. That the state of Illinois be, and is Illinois author. hereby, authorized to survey and mark, through the public lands ized to survey of the United States, the route of the canal connecting the Illi- through public nois river with the southern bend of lake Michigan; and ninety lands, the and mark, route of a ca |