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sessions.

Legislative 13. And be it further enacted, That the legislative assembly of when held. the territory of Wisconsin shall hold its first session at such time and place in said territory as the governor thereof shall appoint and direct; and at said session, or as soon thereafter as may by them be deemed expedient, the said governor and legislative assembly shall proceed to locate and 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 legislative assembly. And twenty thousand dollars, to be paid out of any money in the treasury, not otherwise appropriated, is hereby given to the said territory, which shall be applied by the governor and legislative assembly to defray the expenses of erecting public buildings at the seat of government.

Delegate to
H. R. U. S.

Provision respecting

S 14. And be it further enacted, That a delegate to the house of representatives of the United States, to serve for the 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.

15. And be it further enacted, That all suits, process, and proundetermin. ceedings, and all indictments and informations which shall be undeed suits. termined on the third day of July next, in the courts held by the additional judge for the Michigan territory, in the counties of Brown and Iowa; and all suits, process and proceedings, and all indictments and informations which shall be undetermined on the said third day of July, in the county courts of the several counties of Crawford, Brown, Iowa, Dubuque, Milwalke, and Des Moines, shall be transferred to be heard, tried, prosecuted, and determined, in the district courts hereby established, which may include the said counties.

$5,000 for

the pur chase of a library.

S16. And be it further enacted, That all causes which shall have been or may be removed from the courts held by the additional judge for the Michigan territory, in the counties of Brown and Iowa, by appeal or otherwise, into the supreme court for the territory of Michigan, and which shall be undetermined therein on the third day of July next, shall be certified by the clerk of the said supreme court, and transferred to the supreme court of said territory of Wisconsin, 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 Michigan.

$17. And be it further enacted, That the sum of five thousand dollars be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, to be expended by and under the direction of the legislative assembly of said territory, in the purchase of a library for the accommodation of said assembly, and of the supreme court hereby established.

Approved 20th April, 1836.

AN ACT to divide the Territory of Wisconsin, and to establish the territorial government of Iowa.

Iowa erect.

Authority of

cease.

$1. Be it enacted by the Senate and House of Representatives Territory of af the United States of America in congress assembled, That ed. from and after the third day of July next, all that part of the present territory of Wisconsin which lies west of the Mississippi river, and west of a line drawn due north from the head waters or sources of the Mississippi to the territorial line, shall, for the purposes of temporary government, be and constitute a separate territorial government by the name of Iowa; and that from and after the said third Wisconsin day of July next, the present territorial government of Wisconsin when to shall extend only to that part of the present territory of Wisconsin which lies east of the Mississippi river. And after the said third day of July next, all power and authority of the government of Wisconsin, in and over the territory hereby constituted shall cease: Pro- Proviso. vided, That nothing in this act contained shall be construed to impair the rights of persons 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 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.

(Sections 2 to 16 inclusive, omitted.)

Proviso.

Causes re

moved froin

to supreme

Iowa.

$ 17. And be it further enacted, That all causes which shall have been or may be removed from the courts held by the present moved fro territory of Wisconsin, in the counties west of the Mississippi river, by Wisconsin appeal or otherwise, into the supreme court for the territory of Wis- court of consin, and which shall be undetermined therein on the third day of July next, shall be certified 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.

(Section 18 omitted.).

council and

when to ex

$ 19. And be it further enacted, That from and after the day Term of named in this act for the organization of the territory of Iowa, the members of term of the members of the council and house of representatives of house of rep. the territory of Wisconsin, shall be deemed to have expired, and an pire, &c. entirely new organization of the council and house of representatives of the territory of Wisconsin, as constituted by this act, shall take place as follows: As soon as practicable after the passage of this act, Appoint the governor of the territory of Wisconsin shall apportion the thirteen ment of members of the council and twenty-six members of the house of re- council, &c.

members of

presentatives among the several counties or districts comprised within said territory, according to their population, as nearly as may be, (InFirst elec. dians excepted.) The first election shall be held at such time as the

tion, when

held, &s.

Time and place of

meeting,

Governor to

approve bills.

Bills not re. turned.

Construc

governor shall appoint and direct; and shall be conducted, and returns thereof made, in all respects, according 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 shall appoint, but thereafter the apportioning of the representation 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.

(Section 20 omitted.)

AN ACT to alter and amend the organic law of the Territories of Wisconsin and Iowa. Approved March 3, 1839..

$1. Be it enacted by the Senate and House of Representatives of the United States of America in congress assembled, That every bill which shall have passed the council and house of representatives of the territories of Iowa and Wisconsin, shall, before it become a law, be presented to the governor of the territory; if he approve he shall 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, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by twothirds of that house it shall become a law. But, in all such cases, the votes of both houses 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. If any bill shall not be returned by the governor within three days (Sundays excepted) after it shall have been presented to him, the sanie shall be a law in like manner as if he had signed it, unless the assembly by adjournment prevent its return, in which case it shall not be a law.

$2. And be it further enacted, That this act shall not be so contion of act. strued as to deprive congress of the right to disapprove of any law passed by the said legislative assembly, or in any way to impair or alter the power of congress over laws passed by said assembly.

Eastern

boundry of Iowa.

AN ACT to define and establish the eastern boundary line of the territory of Iowa. Approved March 3, 1839.

$1. Be it enacted by the Senate and House of Representatives of the United States of America in congress assembled, That the middle or centre of the main channel of the river Mississippi shall be deemed, and is hereby declared, to be the eastern boundary line of

the territory of Iowa, so far or to such extent as the said territory is bounded eastwardly by or upon said river: Provided, however, That the said territory of Iowa shall have concurrent jurisdiction upon the said Mississippi river with any other conterminous state or territory, so far or to such extent as the said river shall form a common boundary between the aforesaid territory of Iowa, and any other such conterminous state or territory.

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