1838. and associate civil offi Salary of the Governor. chief judge and secretary. taken, and such certificate shall be received and recorded by Legislative As of the Rights, &c. the granted to Wis the same as consin. Existing laws tended over Io of Wisconsin ex SEC. 12. And be it further enacted, That the inhabitants of the said Territory shall be entitled to all the rights, privileges and immunities heretofore granted and secured to the Territory of Wisconsin and to its inhabitants; and the existing laws of the Territory of Wisconsin shall be extended over said wa, &c. 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far as the same be not imcompatible with the provisions of this act, subject, nevertheless, to be altered, modified, or repealed, by the Governor and Legislative Assembly of the said Territory of Iowa; and further, the laws of the Laws U. S. exUnited States are hereby extended over, and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- held when and 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 and establish the 9 tended over Io wa, &c. the Legislative where the Govr. Governor and sembly to locate seat of Govt. 1 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 $20,000 apropri. Legislative Assembly. And the sum of twenty thousand dollars, out of any money in the Treasury not otherwise approbuildings at the priated, is hereby granted to the said Territory of Iowa, which ated for the erection of public Beat of Govt. Delegate to the House of Reprs. elected, &c. shall be applied by the Governor and Legislative Assembly thereof to defray the expenses of erecting public buildings at the seat of Government. SEC. 14. And be it further enacted, That a delegate to the of the U. Show 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. Suits, &c. un July next in the Wisconsin, west SEC. 15. And be it further enacted, That all suits, process, determined on 3d and proceedings, and all indictments and informations, which dist. courts of shall be undetermined on the third day of July next, in the of the Mississip- district courts of Wisconsin Territory, west of the Mississippi ferred to the dist. river, shall be transferred to be heard, tried, prosecuted and Courts hereby es determined in the district courts hereby established, which may include the said counties. pi, shall be trans tablished. Judicial officers, In office on 3d act temporarily 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 are filled by the that portion of the present Territory of Wisconsin which will Govt. of then, by this act, become the Territory of Iowa, shall be, and Proviso. Causes removed Wisconsin, west pi, into the su Wisconsin,unde 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. SEC. 17. And be it further enacted, That all causes which from the courts of 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 3d Court for the Territory of Wisconsin, and which shall be unJuly next, trans- determined 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. ferred to the su preme court of Iowa. ated for the pur seat of Govt., &c. SEC. 18. And be it further enacted, That the sum of five 1838. thousand dollars be, and same is hereby appropriated, out of $5,000 appropri any money in the Treasury not otherwise appropriated, to be chase of a library expended by, and under the direction of, the Governor of said to be kept at the 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. Council and of Wisconsin to next; and a new of Reps. 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 Reps. cil and House of Representatives of the Territory of Wiscon-expire on 3d July sin as constituted by this act shall take place as follows: As organization to soon as practicable after the passage of this act, the Governor take place. 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 member 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 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. Time and place may temporarily al districts, as times of holding the Legislative SEC. 20. And be it further enacted, That temporarily, and Govr. 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 appoint the 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 Approved, June 12th, 1838. them. 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 War, 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: ed under the di conformably, &c. ses. Forage for hor Freight or transportation of military sup plies. &c. Wagons, carts, Transporta from the princi For forage for the horses of the dragoons, volunteers, officers, and in the service of the trains, four hundred thousand dol lars; For freight or transportation of military supplies sent into Florida and the Cherokee country, three hundred and fifty thousand dollars; For wagons, carts, ambulances, and harness, and for boats and lighters, one hundred and fifty thousand dollars; For the transportation of supplies from the principal depots toms of supplies to the points of consumption, including the hire of steamboats pal depots, &c. and other vessels, and the expense of public steamers and transport schooners, seven hundred thousand dollars; Hire of a corps of mechanics, &c. Transportation, &c. of volunteers. Miscellaneous For the hire of a corps of mechanics, laborers, mule-drivers, teamsters, wagon-masters, and other assistants, two hundred and fifty thousand dollars; For transportation and other expenses of four thousand vo lunteers, one hundred thousand dollars; For miscellaneous and contingent charges of all kinds, not and contingent embraced under the foregoing heads, seven hundred and fifty expenses. Drafts lying over, and arrear ages. Pay of volunteers for 1838, inarrearages for 1837. thousand dollars; For drafts lying over, and arrearages for services and supplies in Florida and the Cherokee country, one million fortyeight thousand six hundred dollars; For pay of four thousand volunteers, for the year eighteen cluding are 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 Subsistence for militia, &c. Purchase of powder, &c. Tents, knap sacks, and other cents; For subsistence for militia, volunteers, and friendly Indians, three hundred and sixty-five thousand and forty dollars; For the purchase of powder and other materials for cartridges, together with the repairs of gun-cariages, small-arms, and accoutrements, thirty-five thousand dollars ; For tents, knapsacks, and other supplies furnished by the supplies furnish- clothing bureau, twenty thousand six hundred and seventying bureau. seven dollars and fifty-six cents; ed by the cloth For correcting an error in paying the Indians employed in the public service in Florida, seven thousand seven hundred and seventy-five dollars and fifty-three cents; 1838. Correcting an error in paying the Indians em da. objects specified ticles of the trea the Cherokees, SEC. 2. And be it further enacted, That the further sum ployed in Floriof one million forty-seven thousand and sixty-seven dollars be $1,047,067 for appropriated, out of any money in the Treasury not otherwise in al art. of the appropriated, in full, for all objects specified in the third article suplementary arof the supplementary articles of the treaty of eighteen hundred y of 1835 with 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- Proviso ducted from the five millions stipulated to be paid to said tribe of Indians by said treaty: And provided, further, That the Further proviso. all claims for an SEC. 3. And be it further enacted, That, for satisfying all For satisfying claims for arrearages of annuities, for supplying blankets and nuities, &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 were postponed 1837, shall be al commissions ever the sums se. [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 bonds that postponed by virtue of "An act authorizing a further post- by act 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, whenrespectively, 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 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 a portion thereof, paid into the would have been bonds been paid at maturity, and no part of such commissions to successors of where they |