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The time and place of holding the elections, shall be made known by proclamation, and sent to each district, respectively: and the inhabitants within the respective districts, who are qualified voters, under the laws of the same, may elect one person in each district, as a member of the legislative council. And such judges or managers in each district, shall make a return to the governor of the name of every person voted for as a member of the legislative council, in such district, together with the number of votes which each person shall have received, written in full, opposite his name; and the votes in each district shall be canvassed by the governor and secretary of the territory, or by such other persons, or in such other manner, as the legislative council may hereafter direct by law; and the person in each district, having the greatest number of legal votes, shall be declared elected, and entitled to a seat in the legislative council; and in case two or more persons shall have the greatest, and an equal number of votes in any district, it shall be lawful for the governor to order a new election in such district, in such manner, and at such time, as the legislative council may by law prescribe. And the legislative council shall hold a session in every year, commencing on the first Monday in January, at the seat of government in the territory, and continue not longer than six weeks; and the members of council shall receive three dollars each per day, during their attendance in council, and three dollars for every twenty miles, to be estimated by the actual distance from the place of residence to the seat of government, and so distinctly certified by the governor of said territory, in going to, and returning from, any meeting of the legislative council, once in each session, and no more; and the first election shall be held on the first Monday of October next, and at such times thereafter, and under such regulations, as the governor and legislative council shall direct.(1) This section altered by subsequent acts.
The members of the legislative council shall not be eligible to any office created during the period of their service, or the fees of which were regulated by laws passed whilst they were members, or for one year there, after.(2)
The legislative council shall not pass any law imposing a higher tax on the lands of non-residents, than those of residents of said territory.(3)
The citizens of the Territory of Florida, qualified to vote, shall and may, at such time and place, and under such rules and regulations, as the legisla, ture of said territory may prescribe, elect their officers, civil and military, except such as, by the laws of congress now in force, are to be appointed by the president of the United States; and except, also, justices of the peace, auditor and treasurer for said territory, who shall be chosen by joint vote of both houses of the legislature, at such time, and for such term of service, as the said legislature shall prescribe.(4)
The term of service, and the duties and powers, fees, and emoluments, of the officers, civil and military, so chosen by the citizens, shall be prescribed by the legislature, and they shall be commissioned by the governor of the territory, and subject to be removed from office in such mode and for such cause as the legislature shall declare by law. All laws now in force, incon. sistent with the provisions of this act, are hereby repealed. This act shall take effect from and after the first day of December, one thousand eight hun. dred and twenty-nine.(5)
Every bill that shall have passed the house of representatives and the legislative council of the legislature of the territory, shall, before it become a law, be presented to the governor of said territory: if he approve, he shall
(1) Act May 15th, 1826, sec. 10, Act 28th April, 1828. 14th May, 1830,
(2) Act May 15th, 1826, sec. 11.
(3) Ibid. sec 12.
sign it, but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it: If, after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which it shall likewise be re-considered, and, if approved by two-thirds of that house, it shall become a law. But in all such cases, the votes of both houses of the legislature shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively: And if any bill shall not be returned by the governor within three days (Sunday except. ed) after it shall have been presented, the same shall be a law, in like manner as if he had signed it, unless the legislature, by their adjournment, prevent its return, in which case it shall not be a law.(1)
The members of the legislative council, in the Territory of Florida, shall be elected by the qualified voters in the respective counties hereinafter desig. nated, at the time provided by law, in the following manner, to wit: From the county of Escambia, two members; from the counties of Walton and Washington, one member; from the county of Jackson, two members; from the county of Gadsden, two members; from the county of Leon, two members; from the counties of Jefferson, Madison, and Hamilton, one member; from the county of Alachua, one member; from the county of Duval, one; from the county of Nassau, one; from the counties of Saint Johns and Musqueto, two; and from the county of Monroe, one member. And any act of congress, or of the legislative council of said territory, defining the limits of election districts in the same, inconsistent with the foregoing provision, is hereby repealed.(2)
It shall be lawful for the governor and legislative council, at any time hereafter, to alter or arrange the districts in such manner as to secure, as near as may be, an equality of representation in each district.(3)
The counties of Escambia, Jackson, Gadsden, Leon, Jefferson and St. John's, in the Territory of Florida, shall each be authorized to elect two members of the legislative council of said territory, as now directed by law; all other counties in said territory shall, respectively, be authorized to elect one member each, in the manner now directed, or which shall hereafter be prescribed by law; and such counties as have not at this time a member of said council, shall be authorized to elect one before the next session thereof, on the first Monday of September next.(4)
It shall not be lawful for the legislative council to employ more than three clerks, nor to direct the printing the laws of said territory in more than three newspapers, at the public expense.(5)
It shall be the duty of the secretary of the territory to superintend the printing and revision of the laws, and it shall be his duty to send a printed, and not a manuscript copy to the department of state, and another printed copy to the secretary of the senate and clerk of the house of representatives of the United States, to be laid before congress; and the amount appropriated by the said legislative council shall not exceed, annually, the sum of seven thousand dollars, including their pay, mileage, printing and incidental ex. penses.(6)
The county of Leon in the Territory of Florida shall be authorized to elect two additional members to the legislative council on the first Monday in September next, and it shall be lawful for the legislative council to desig.
(1) Act 21st January, 1829, sec. 3.
(4) Act 18th June, 1834, sec. 1.
nate by law the election districts in such manner as to insure an equality of representation to each.(1)
687. All such acts or parts of acts passed by the legislative council of the Territory of Florida, as may impose a higher or greater tax on the slaves or other property of non-resident citizens than is imposed on the slaves or other property of resident citizens of said territory, are hereby repealed, and declared null and void.(2)
If any person shall attempt to enforce any of the acts or parts of acts passed by the legislative council of the Territory of Florida as aforesaid, by demanding or receiving any tax, imposition, or assessment authorized or prescribed thereby, such person shall, on conviction thereof, be punished by fine not exceeding two hundred dollars, or by imprisonment not exceeding six months, or either or both of said punishments.(3)
Limits of the territory-Indian Members of the legislature prohibitrights reserved-territory may be ed certain offices
688 Territorial officers--how appointed Appointment and powers of gover
-oath of salaries of-contingent nor 689 expenses
696 Secretary, his duties
690 Rights under compact of 1787 exLegislature-how constituted-how tended to territory (see page 192) 697 elected
691 Legislative sessions—when held Who eligible to office-voters 692 Delegate to congress-election of, Powers of the legislature
699 Officers elected by the people
Art. 688. From and after the third day of July next, the country included within the following boundaries shall constitute a separate territory, for the purposes of temporary government, by the name of Wisconsin ; that is to say: 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 al. ready 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
(1) Act 30th June, 1834, sec. 3. (3) Ibid. sec. 2. (2) Ibid. sec. 1.
The act of 2d July, 1836, makes provision for the survey and sale of lots in the towns of Fort Madison, Burlington, Des Buque, Peru and Mineral Point.
contained 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 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.(1)
689. The executive power and authority in and over the said territory shall be vested in a governor, 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 affairs, 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.(2)
690. There shall be a secretary of the 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 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 authorized and required to execute and perform, all the powers and duties of the governor during such vacancy or necessary absence.(3)
691. The legislative power shall be vested in the governor and legislative assembly. The legislative assembly shall consist of a council and house of representatives. 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 mernbers, 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 coun. cil 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 go.
(1) Act of April 20th, 1836, sec. 1. (2) Ibid. sec. 2.
(3) Ibid. sec. 3,
vernor 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 authorized to be elected hav. ing 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 : Prorided, 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.(1) .
692. Every free white male citizen of the United States, above the age of twenty-one years, 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 the right of suffrage shall be exercised only by citizens of the United States.(2)
693. The legislative power of the territory shall extend to all rightful subjects of legislation ; but 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.(3)
694. All township officers and all county officers, except judicial officers, justices of the peace, sheriffs, and clerks of courts, shall be elected by the people, in such manner as may be provided by the governor and legislative 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.(4)
695. No member of the legislative assembly shall hold or be appointed to any office created, or the salary or emoluments of which shall have been
(1) Act of April 20th, 1836, sec. 4. (2) Ibid. sec. 5.
(3) Ibid. sec. 6.