29th CONGRESS, H. R. 568.

2d SESSION.

DECEMBER 23, 1846.

Introduced on leave, by Mr. MORGAN L. MARTIN, read twice, and referred to the

Commitee on Territories.

JANUARY 20, 1847.

Mr. DOUGLASS, from the Committee on Territories, reported the following amendatory bill; which

was read, and committed to the Committee of the Whole House on the state of the Union.

A BILL

Establishing the territorial government of Itaska.

Itasca2024

OCR version (uncorrected scan of original)

29th CONGRESS, H. R. 568.

2d SESSION.

DECEMBER 23, 1846.

Introduced on leave, by Mr. MORGAN L. MARTIN, read twice, and referred to the

Commitee on Territories’.

JANUARY 20, 1847.

Mr. DOUGLASS, from the Committee on Territories, reported the following amendatory bill; which was read, and committed to the Committee of the Whole House on the state of the Union.

A BILL

Establishing the territorial government of Itaska.

1Be it enacted by the Senate and House of Representatives

2 of the United States of America in Congress assembled, That

3 from and after the third day of July next, all that district of

4country comprised within the following boundaries, to wit: corn-

5 mencing in the middle of the main channel of the Mississippi

6river at a point where the line of north latitude forty-three de-

7grees and thirty minutes crosses said river, running thence Weston

8said line of latitude to the line of west longitude ninety-five degrees

9 and thirty minutes, thence on a direct line northwestwardly to

10 the point where the forty-ninth parallel of north latitude crosses

11 the one hundredth parallel of west longitude, thence east and 1 2 southeast along the line dividing the British and American pos-

13 sessions, to lake Superior at the northwest corner of the State

14 of Michigan, thence along the western boundary of said State

15to the point in the middle of said lake where the said boundary

16is intersected by the boundary line of the State of Wisconsin, as

17 established by the “Act to enable the people of Wisconsin Ter-

is ritory to form a constitution and State government, and for the

19 admission of such State into the Union,” approved August sixth,

20 eighteen hundred and forty-six, thence along the line of the said

21 State of Wisconsin to the mouth of the St. Louis river, thence

22 up the main channel of said river to the first rapids in said river,

23 “thence in a direct line southwardly to a point fifteen miles east

24 of the most easterly point in lake St. Croix, thence due south to

25 the mtin channel of the Mississippi river or lake Pepin, thence

26 down the said main channel of lake Pepin and the Mississippi

27 river” to the place of beginning, shall, for the purposes of tempo-

28 rary government, be and constitute a separate government by the

29 name of the “Territory of Itaska.” And after the said third

30 day of July next, all power and authority of the government of

31 Wisconsin in and over any part of the territory hereby consti-

32 tuted shall cease: Provided, That nothing in this act contained

33 shall be construed to impair the rights of person or property now

34 appertaining to any Indians within said territory, so long as such

35 rights shall remain unextinguished by treaty between the United

36 States and such Indians; or to impair the obligations of any treaty

37 now existing between the United States and such Indians; or

33 to impair, or anywise affect the authority of the United States to 39 make any regulations respecting such Indians, their lands, property, or other rights, by treaty, or law, or otherwise, which it 41 would have been competent for the government to make if

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42 this act had never been passed: ednd provided, further, That

43 nothing in this act contained shall be construed to inhibit the

44 government of the United States from dividing the territory

45 hereby established into two or more other territories, in such

46 manner and at such times as Congress shall, in its discretion,

47 deem convenient and proper; or from attaching any portion

48of said territory to any other State or Territory of the United

49 States.

1SEc. 2. And be it further enacted, That the said tern-

2 tory of Itaska shall have concurrent jurisdiction on the Mis-

3 sissippi, and all other rivers and waters bordering on said terri-

4 tory, so far as the same shall form a common boundary to said

5 territory, and any States or Territories now or hereafter to be

6formed or bounded by the same; and the said rivers and waters,

7 and the navigable waters leading into the same, shall be corn-

8mon highways, and forever free as well to the inhabitants of said

9 territory as to all other citizens of the United States, without

10any tax, duty, impost, or toll therefor.

1SEC. 3. And be it further enacted, That the executive

2 power and authority in and over the said territory of Itaska

3 shall be vested in a governor, who shall hold his office for three

4 years, unless sooner removed by the President of the United

5States. The governor shall reside within the said territory, shall

6 be commander-in-chief of the militia thereof, shall perform the

7 duties and receive the emoluments of superintendent of Indian

8 affairs, and shall approve all laws paiied by the legisiative coun-

9 cil before they shall take effect; he may grant pardons for of-

10 fences against the laws of said territory, and reprieves for Of-

11 fences against the laws of the United States until the decision

12 of the President can be made known thereon; he shall corn-

13 mission all officers apPointed by him to office under the laws of

14 said territory, and shall take care that the laws be faithfully

15 executed.

1SEC. 4. .and be it further enacted, That there shall be a

2secretary of the said territory, who shall reside therein, and hold

3his office for four years, unless sooner removed by the President:

4 he shall record in proper books to be kept for that purpose, and

5 preserve, all the laws passed by the legislative council, and all

6the acts and proceedings of the governor in his executive depart-

ment. It shall be the duty of the secretary to prepare the acts

8 passed by the legislature for publication, and to furnish a copy

9 thereof to the public printer within ten days after the passage

10 of each act; he shall also transmit one copy of the laws and

11 one copy of the executive proceedings, on or before the first

12 ‘day of December in each year, to the President of the United

13 States, and at the same time two copies of the laws to the

14 Speaker of the House of Representatives, for the use of Con-

15 gress. And, in case of the death, removal, resignation, or ne-

16cessary absence of the governor from the territory, the secretary

shall have,’ and he is hereby authorized and required to execute

18and perform, all ‘tlie’pkvers’atid duties of the governor, daring

19 such Vacan’cY or absence,’Or Until another gOvetnot shall be ap-’19 Voilited toll Such Vacancy.

1See. 5.nd.be it futi ther Anacled, That the ‘legislative

POVver shall be vested in the goiernor and a legislative ‘council,

3 to consist Of nine meifibers, haVing the qualifications of voters

4 as hereinafter prescribed, whose term of service shall continue

5one year. Previous to the first election, the governor shall lay

6off the said territory into counties and tovvnships, and shall cause

7 a census or enumeration of the inhabitants to be taken and re-

8 turned by persons to be afpointed by him, within three months

9 after the third day of July next. An apportionment shall be

19made, ‘as ‘nearly equal’ as Praeticable, aniong the several coun-

11 ‘ties and townships, for the electiOn of members ‘of the council,

12giving to each section of the territOry repre.sentation in the ratio

13of its poPalation, Indians excepted,as nearly as maybe; and the

14 said members of the cciuncil shall reside in and be inhabitants

15of the ‘district .for which they may be elected. The first elec-

’16 tion shall be held at such time and place, and be condneted in

17 such manner, as the governor Shall appoint and direct; and he

18shall, at the .siine time, declare ‘the nnniber Of Members of the

19 council to which each of the counties or districts is entitled

20Under this act. The number of persons Mithoriied to be elected

21in each district having the greatest number of vbtes shall be de-

clared by the governor td be duly elected to the council: Pro-.

23 vided, The governor shall order a new election when there is a

24 tie between two or more persons voted for, to supply the vacancy occasioned by such tie. And the persons thus elected

26 to the legislative council shall meet at such place and on

27 such day as he shall appoint; but, thereafter, the time, place,

28 and manner of holding and conducting all elections by the

29 people, and the apportioning the representation, in the several 50 counties and townships, to the council, according to population,

31 shall be prescribed by law, as well as the day of the annual corn-

32 mencement of the session of the said council; but no session in

33 any year shall exceed the term of sixty days, nor be held until

an appropriation shall have been made to pay its expenses.

Sne. 6. Snd be it further enacted, That every free white

2 male citizen of the United States, above the age of twenty-one

3 years, who shall have been an inhabitant of said territory at the

4 time of its organization, shall be entitled to vote at the first election, and shall be eligible to any office within the said tern-

6 tory ; but the qualifications of voters at all subsequent elections

7 shall be such as shall be determined by the legislative council:

8 Provided, That none but citizens of the United States shall be

9 entitled to vote for county or territorial officers.

SEC. 7. Snd be it further enacted, That the legislative

2 power of the territory shall extend to all rightful subjects of

3 legislation; but no law shall be passed interfering with the pri-

4 tnary disposal of the soil; no tax shall be imposed upon the

5 property of the United States; nor shall the lands or prop-

6 erty of non-residents be taxed higher than the lands or other

7 property of residents; nor Shall any law be passed incorporating

/8 any bank, or any institution with banking powers or privileges.

9 All the laws of the governor and council shall, if disapproved

10 by the Congress of the United States, be null and of no effect. SEC. 8. .find be it further enacted, That all township and

2 county officers, except justices of the peace and clerks of courts,

3 shall be elected by the people, in such manner as may be pro-

4 vided by law. The governor of the territory shall nominate,

5 and, by and with the advice and consent of the council, shall ap-

6 point all justices of the peace, and all militia officers, except those

7 of the staff, and all civil officers not herein provided for.

8 Vacancies occurring in the recess of the council shall be filled

9 by appointments from the governor, which shall expire at the

10 end of the next session of the legislative council; but the gov-

11 ernor may, in the first instance, appoint the aforesaid officers,

12 who shall hold their offices until the end of the first session of

13 the council to be held thereafter.

SEC. 9. .11nd be it further enacted, That no member of the

2 council shall hold or be appointed to any office created, or the

3 salary or emoluments of which shall have been increased, while

4 he was a member, during the term for which he shall have been

5 elected, and for one year after the expiration of such term; and

6 no person holding a commission or appointment from the Pres-

7ident of the United. States, or under any person commissioned by

8 him, except as a militia officer, shall be a member of said

9 council, or shall hold any office under the government of said

10 territory.

1SEC. 10. .and be it firthor paeled, That the judicial power

or said territory shall be vested in a supreme court, district

3courts, probate courts, and in justices of the peace. The supreme

4 court shall consist of a chief justice and two associate jndges,

5 any two of whom shall be a quorum, and who shall hold their

6 . offices during the term of four years, and reside in the said ter-

7 ritory. One or more terms of the supreme court shall be held

8 at the seat of government of said territory in each year, as the

9 legislature may prescribe; a district court or courts shall be

10held by one or more of the judges of. the supreme cone, at such

11times and places as may be prescribed by law. The jurisdiction

12of the several courts, both appellate and. original,, and that of

13 the probate courts and of justices of the peace, shall be as lira-

14ited by law: Provide4,hoymper, That justices of the peace shall

15 have no jurisdiction of any matter or controversy when the

16 title or boundaries of land may be in dispute, or when the debt

17or sum claimed exceeds fifty dollars; and the said supreme and

18 ‘district courts, respectively, shall possess a chancery as well as

19a commoolaw jurisdietiqn. Eacti of said ,courts sba1.1 appoint its

2.0 clerk, to cOntiuue.during the pleasure. of the cowl, .who shall

a1keep his off* at the place where the court may be held ; and

22 the said clerks, shall also be registers in chancery. And any va-

23 cancy in the office of clerk happening in vacation of said courts,

24 or either of them, may be filled by the judges of the respective

25 courts, or a majority of them, which appointment shall continue

26 until the next term. Writs of error, bills of exception, and ap-

27 peals in chancery causes, shall be allowed in all cases from the

28 final decisions of the district courts to the supreme court, under

29 such regulations as may be prescribed by law; but in no case

$O shall a trial by jury be allowed in the supreme court. Writs of

31 error and appeals from the final decisions of the said stjpreme

32 court shall be allowed to the Supreme Court of the United

33 States, in the same manner and under the same regulations as

34 from the circuit courts of the United States, where the value of

35 the property or the amount in controversy, to be ascertained

36 by the oath or affirmation of either party, shall exceed one thou-

37 sand dollars. Each district courts shall have and exercise the

38 same jurisdiction in all cases arising under the constitution and

39 laws of the United States as is vested in the circuit and district

40 courts of the United States; and writs of error and appeals from

41 the final decisions of said courts in all such cases shall be taken

42 and made to the supreme court of said territory, in the same

43 manner as in other cases. The first six days of every term of

44 the district courts, or so much thereof as may be necess.ary, shall

45 be appropriated to the trial of causes arising under the said con-

46 stitution and laws; and the clerks, in all such cases, shall receive H. It. 568-2

47 the same fees which the clerks of the district courts of Wis-

48 consin Territory now receive for similar services.

1 SEC. 11. And be it further enacted, That there shall be

2 an attorney for the said territory appointed, who shall continue

3 in office four years, unless sooner removed by the President,

4 and who shall receive the same fees and salary as the attorney

5 of the United States for the present Territory of Wisconsin.

6 There shall also be a marshal for the said territory appointed,

7 who shall hold his office for four years, unless sooner removed

8 by the President, who shall execute all process issuing from the

9 courts, when exercising the jurisdiction of circuit and dis-

10 trict courts of the United States; he shall perform the same

11 duties, be subject to the same regulations and penalties, and be

12 entitled to the same fees, as the marshal for the present Ter-

13 ritory of Wisconsin; and shall, in addition, be paid the sum of

14 two hundred dollars annually as a compensation for extra ser-

15 vices.

1 SEC. 12. And be it further enacted, That the governor,

2 secretary, chief justice and associate judges, attorney, and mar-

3 shal, shall be nominated, and by and with the advice and con-

4 sent of the Senate appointed, by the President of the United

5 States. The governor and secretary to be appointed as aforesaid

6 shall, before they act as such, respectively take an oath or affirm-

7 ation, before some judge or justice of the peace in the existing

8 Territory of Wisconsin duly commissioned and qualified to ad-

9 minister an oath or affirmation, or before one of the justices of

10 the Supreme Court of the United States, to support the consti-

11tution of the United States, and for the faithful discharge of the

12 duties of their respective offices; which said oaths or affirma-,

13 tions, when so taken, shall be certified by the person before

14whom the same shall have been taken, and such certificates shall

15be received and recorded by the said secretary among the execu-

16 tive proceedings. The chief justice and associate judges, and

17 all other civil officers in said territory, before they act as such,

18 shall take a like oath or affirmation before the said governor

19or secretary, or before some judge or justice, who may be duly

20commissioned and qualified, which said oath or affirmation shall be

21certified and transmitted, by the persons taking the same, to the

22 secretary, to be by him recorded as aforesaid; and, afterwards,

23 the like oath or affirmation shall be taken, certified, and record-

24ed, in such manner and form as may be prescribed by law. The

25governor shall receive an annual salary of fifteen hundred dollars

26 as governor, and one thousand dollars as superintendent of In-

27 dian affairs.. The chief justice and associate judges shall each

28 receive an annual salary of fifteen hundred dollars. The secre-

29 tary shall receive an annual salary of fifteen hundred dollars.

30 The said salaries shall be paid quarter-yearly, at the treasury of

31 the United States. The members of the legislative council shall

32each be entitled to reetive three dollars per day during their at-

33 tendanee at the sessions thereof, and three dollars for every

34 twenty miles travel in goipg to and returning from the Said ses-

35’sins, estimated according to the nearest usually travelled route;

36 and no allowance shall be made for extra compensation to any

37member of the council, except to the presiding -officer, nor for

38 extra -Compensation to the Secretary of said territory. The said

739council may appoint a -secretary and assistant Secretary, or clerk,

40one sergeant4t,arms, or .door-keeper, ‘a Messenger,rand fireman, to

41neither of whom shall a greater Compensation than three dollars

42 per day Be paid. There shall be appropriated, annually, the

43 “Sum of three hUndred and ‘fifty dollars, to be expended by the

44 governor to defray the contingent expenses of the territory;

45.artd there-shall also be ‘appropriated, annually, a sufficient sum,

46 tO be expended by the ‘secretary of the territory, and -upon an

47estimate to lie made by The Secretary of the Treaiury of the

48United Slates, to defray the eipenseS of the conntil, the. print-

49 ing of the laws, and ‘Other incidental expenses; ind the -Secre-

50tary of the territory shall account to the Secretary Of the Teas-

51 ury of the United States, annually, or oftener if required, for

52 the manner in which the aforesaid slim may .have been ex-

53 liended.

SEC. 13. ilind be it flOther enacted, That the inhabitants 2 Of ‘sad territory shall be entitled to and enjoy all ‘and iingular `3 the-rights, privileges, and advantages granted and secured to tlie

4people of The territory of The United States northwest of the

‘riverDhio, by the articles of compact contained in the ordinance

6 for the government of said territory passed on the thirteenth day

7 of July, seventeen hundred and eighty,seven ; and, shall be sub-

8 ject to all the conditions, and restrictions, and prohibitions in

9 said articles of compact imposed upon the,people of .said territory.

10 The said inhabitants shall also be entitled to all the rights, privi-

11 leges, and immunities heretofore granted and aeoured to ,the Ter-

12 ritory of Wisconsin, and to its inhabitants; and the existing lavVs

13 of the TOrritory of Wisconsin shall be extended laver Said ter-

14 ritory, so far as the same are not locally inapplicable or incorn-

15 patible with the provisions of this act; subject, nevertheless, to

16 be altered, modified, or repealed, by the governor and council Of

17 the said territory of Itaska. And further, the lavVs of the Mil-

18 ted States ,are hereby extended over and shall be in fOree in said

19 territory, ‘so far as the same, or -any provisions the4’eof,4my be

20 applicable.

SEC. 14. and be it further enacted, That the legislative

2 council of the territory of Itaska shall hold its first session at

3 such time and place in said territory as the governor thereof

4 shall appoint end .direct; and at said session, or as .soon there-

5 after as may by them be deemed expedient, the .governor and

6 legislative council -shall proceed to locate and establish .the seat

7 of government of ,said territory at such place as theytnay,deoin

8 eligible, ator near the ‘tneuth of the Itaskaor:St. Peter’s river.

9 And there hereb,y is appropriated and granted to the said ‘terri-

10 tory one section of land, to be seletted underthe authority of

11 the said governor and council, for -the purpose of erecting

12 thereon the public buildings for the use of the executive and

13legislative departments of the government of said territory. And

14 notice of such selection shall be officially given by the governor

15 of said-territory to the surveyor general of Wisconsin and Iowa,

16who shall cause the same to be surveyed, and the survey thereof

17 .returned to the Commissioner of the General Land Office: Pro-

18 vided, That if there shall be any buildings on the tract selected

19 at the date of this act, the owners thereof shall be permitted to

20 retain the same and the town lots on which they are situated:

21.11nd provided, further, That nothing herein shall be construed

22 to restrain the said territory, after appropriating a sufficient

23 quantity of land within said selected section for the site and ac-

24 commodation of the public buildings, from selling and dispo-

25 sing of the residue of said section, in lots or otherwise, for the

26use of the territory in the erection and completion of said build-

07 ings.

1Sc. 15. sInd be it further enacted, That a delegate to the

0 House of Representatives of the United States, to serve for a

3 Congress, may be elected by the voters qualified to elect mem-

4hers of the legislative.council, who shall be entitled to the same

rights and privileges as have been granted to the delegates from

6 the several Territories of the United States to the said House.

7The first election shall be held at such time and place or places,

s and conducted in such manner, as the governor, shall appoint

9 and direct; and the person having the greatest number of votes

10 shall be declared duly elected, and a certificate thereof given by

11 the governor to the person so elected.

1 SEC. 16. d1nd be it further enacted, That all writs;process,

2 appeals, recognizances, or other proceedings which shall be pend-

3 ing and undetermined in any of the courts of Iowa or Wincon-

4 sin on the third day of July next, and which originated in courts

5 of justices of the peace held in the district of country embraced

6 in the territory hereby established, shall be transferred to be

7 heard and determined in the proper courts of the territory of

8 Itaska.

1 SEC. 17. dind be it further enacted, That the sum of five

2 thousand dollars be, and the same is hereby appropriated, out

3 of any money in the treasury not otherwise appropriated, to be

4 expended, under the direction of the governor and legislative

5 council of said territory, in the purchase of a library for the ac-

6 commodation of the governor, council, judges, secretary, attor-

7 ney, and marshal of said territory, and such other persons as

8 the governor and council may direct.

1 SEC. 18. dind be it further enacted, That, temporarily, and

2 until otherwise provided by law of said territory, the governor

3 may define the judicial districts of said territory, and assign the

4 judges who may be appointed for said territory to the several

5 districts, and also appoint the times for holding the courts in each

6 district, by proclamation to be issued by him; but the council,

7 at their first or any subsequent session, may by law organize,

8 alter, or modify such districts, and assign the judges, a