Papers Of Abraham Lincoln

BE IT ENACTED by the Senate and House of Representa-

tives of the United States of America in Congress assembled,

1 THATfrom and after ^[^the passage of this act,^]^ all that

2 part of the territory of the United States which

3 lies within the following limits, to wit: begin-

4 ning in the Mississippi river, ^[^(at a point where

5 the line of forty-three degrees and thirty minutes

6 of north latitude crosses the same, then running

7 due west on said line, which is the northern bound-

8 ary of the State of Iowa, to the place where said

9 line intersects the line of ninety-five degrees and

10 thirty minutes of west longitude, according to Nic-

11 ollets map; thence on a direct line north of west to

12 the point where the one-hundredth degree of west

13 longitude intersects the forty-ninth parallel of north

14 latitude; thence east and south of east going along the

15 boundary line between the possessions of the United

16 States and Great Britain to Lake Superior; thence

17 along said line to the northwest corner of the State

18 of Wisconsin;)^]^ thence along the western boundary line

19 of said State of Wisconsin to the Mississippi river;

20 thence down the main channel of said river to

21 the place of beginning be, and the same is hereby

22 erected into a temporary government by the name

23 of the Territory of Minnesota: Provided, That nothing

in this act contained shall be construed to inhibit

the government of the United States from dividing

said territory into two or more territories, in such

manner, and at such times as Congress shall deem

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convenient and proper, or from attaching any por-

tion of said territory to any other State or Territory

of the United States.

1 Sec. 2. And be it further enacted, That the

2 executive power and authority in and over said terri-

3 tory of Minnesota shall be vested in a governor, who

4 shall hold his office for four years, and until his

5 successor shall be appointed and qualified, unless

6 sooner removed by the President of the United States.

7 The governor shall reside within said territory, shall be

8 commander-in-chief of the militia thereof, shall perform

9 the duties and receive the emoluments of Superintendent

10 of Indian affairs, ^[ând shall approve of all laws

11 passed by the legislative assembly before they shall

12 take effect;^]^ he may grant pardons for offences against

the laws of said territory, and reprieves for offences

against the laws of the United States until the de-

cision of the President can be made known thereon;

he shall commission all officers who shall be ap-

pointed to office under the laws of the said terri-

tory, and shall take care that the laws be faithfully

executed.

1 Sec. 3. And be it further enacted, That

2 there shall be a secretary of said territory, who shall

3 reside therein and hold his office for four years, unless

4 sooner removed by the President of the United States;

5 he shall record and preserve all the laws and

6 proceedings of the legislative assembly hereinafter

7 constituted, and all the acts and proceedings of the govern-

8 or in his executive department; he shall transmit one

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9 copy of the laws and one copy of the executive pro-

10 ceedings, on or before the first day of December in each

11 year, to the President of the United States, and, at the

12 same time, two copies of the laws to the Speaker of

13 the House of Representatives and the President of the

14 Senate, for the use of Congress. And in case of the

15 death, removal, resignation, or ^[ôther^]^ necessary absence

16 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, or

until another governor shall be duly appointed to fill

such vacancy.

Sec. 4. And be it further enacted, That the

legislative power and authority of said territory shall

be vested in the governor and a legislative assembly. The

legislative assembly shall consist of a council and house

of representatives. The council shall consist of nine

members, having the qualifications of voters as hereinafter

prescribed, whose term of service shall continue two

years. The house of representatives shall, at its first session,

consist of eighteen members, possessing the same qualifi-

cations as prescribed for members of the council, and

whose term of service shall continue one year. The num-

ber of counsellors and representatives may be increased

by the legislative assembly, from time to time, in

proportion to the increase of population: Provided,

That the whole number shall never exceed “fifteen

counsellors and thirty-nine representatives. And appor-

tionment shall be made, as nearly equal as practicable,

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among the several counties or districts, for the election

of the council and representatives, giving to each sec-

tion of the territory representation in the ratio of its pop-

ulation, Indians excepted, as nearly as may be. And the

members of the council and of the house of representa-

tives shall reside in, and be inhabitants of, the district

for which they may be elected, respectively. Previous to

the first election, the governor shall cause a census or

enumeration of the inhabitants of the several counties and

districts of the territory to be taken, and the first elec-

tion shall be held at such time and places, 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 representa-

tives to which each of the counties or districts shall be

entitled under this act. The number of persons authorized

to be elected having the highest number of votes in each

of said council districts for members of the council shall

be declared by the governor to be duly elected to the coun-

cil; and the person or persons authorized to be elected

having the greatest number of votes for the house of

representatives, equal to the number to which each

county or district shall be entitled shall be declared by

the governor to be duly elected members of the

House of Representatives; Provided, That, in case of

a tie between two or more persons voted for, the gov-

ernor shall order a new election to supply the va-

cancy made by such tie. And the persons thus elected

to the legislative assembly shall meet at such place,

and on such day, as the governor shall appoint;

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but thereafter, the time, place, and manner of hold-

ing and conducting all elections by the people, and

the apportioning the representation in the several

counties or districts to the council and house of rep-

resentatives according to the population, shall be pres-

cribed by law, as well as the day of the commence-

ment of the regular sessions of the legislative assembly:

Provided, That no one session shall exceed the term

of sixty days.

Sec. 5. And be it further enacted, That every

free white male inhabitant above the age of twenty-

one years, who shall have been a resident of said territory

at the time of the passage of this act, 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 and of holding office, at all subsequent elections,

shall be such as shall be prescribed by the legislative as-

sembly: Provided, That the right of suffrage and of hold-

ing office shall be exercised only by citizens of the United

States, and those who shall have declared, on oath, their

intention to become such, and shall have taken an oath

to support the constitution of the United States and

the provisions of this act.


legislative power of the territory shall extend to all

rightful subjects of legislation, consistent with the

constitution of the United States and the provisions of

this act; 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

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shall the lands or other property of non-residents be

taxed higher than the lands or other property of residents.

All the laws passed by the legislative assembly and gov-

ernor shall be submitted to the Congress of the United

States, and if disapproved, shall be null and of no

effect.–

Sec. 7. And be it further enacted, That all

township, district, and county officers, not herein otherwise

provided for, shall be appointed or elected, as the case

may be, in such manner as shall be provided by the

governor and legislative assembly of the territory of

Minnesota. The governor shall nominate, and, by and with

the advice and consent of the legislative council, appoint

all officers not herein otherwise provided for; and in

the first instance the governor alone may appoint all

said officers, who shall hold their offices until the end

of the next session of the legislative assembly.

Sec. 8. And be it further enacted, That no mem-

ber of the legislative assembly shall hold or be ap-

pointed to any office which shall have been created,

or the salary or emoluments of which shall have been

increased while he was a member, during the term

for which he was elected, and for one year after

the expiration of such term; and no person holding

a commission or appointment under the United States,

except postmasters, shall be a member of the legisla-

tive assembly, or shall hold any office under the govern-

ment of said territory.–

1 Sec. 9. And be it further enacted, That the

2 judicial power of said territory shall be vested in a

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3 supreme court, district courts, probate courts, and in

4 justices of the peace. The supreme court shall consist

5 of a chief justice and two associate justices, any two

6 of whom shall constitute a quorum, and who shall

7 hold a term at the seat of government of said terri-

8 tory annually, and they shall hold their offices during

9 the period of four years. The said territory shall be divid-

10 ed into three judicial districts, and a district court shall

11 be held in each of said districts by one of the justices

12 of the supreme court, at such times and places as may be

13 prescribed by law; and the said judges shall, after their

14 appointments, respectively, reside in the districts which

15 shall be assigned them. The jurisdiction of the several

16 courts herein provided for, both appellate and original,

17 and that of the probate courts and of justices of the

18 peace, shall be as limited by law: Provided, That justices

19 of the peace shall not have jurisdiction of any matter

20 in controversy when the title or boundaries of land may

21 be in dispute, or where the debt or sum claimed shall

22 exceed one hundred dollars; and the said supreme and

23 district courts, respectively, shall possess chancery, as

24 well as common law jurisdiction. Each district

25 court, or the judge thereof, shall appoint its clerk, who

26 shall also be the register in chancery, and shall keep

27 his office at the place where the court may be held.

28 Writs of error, bills of exception and appeals shall be

29 allowed in all cases, from the final decisions of said

30 district courts to the supreme court, under such reg-

31 ulations as may be prescribed by law, but in no

32 case removed to the supreme court shall trial by

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33 jury be allowed in said court. The supreme court,

34 or the justices thereof, shall appoint its own clerk,

35 and every clerk shall hold his office at the pleasure

36 of the court for which he shall have been ap-

37 pointed. Writs of error and appeals from the

38 final decisions of said supreme court shall be

39 allowed and may be taken to the supreme court

40 of the United States in the same manner and

41 under the same regulations as from the circuit

42 courts of the United States, where the value of the

43 property or the amount in controversy to be as-

44 certained by the oath or affirmation of either party,

45 or other competent witness, shall exceed one thous-

46 and dollars; and each of the said district courts shall

47 have and exercise the same jurisdiction in all cases

48 arising under the constitution and laws of the United

49 States, as is vested in the circuit and district courts

50 of the United States; and the first six days of every

51 term of said courts, or so much thereof as shall

52 be necessary, shall be appropriated to the trial of

53 causes arising under the said constitution and

54 laws; and writs of error and appeal in all such

55 cases shall be made to the supreme court of said

56 territory, the same as in other cases. The said

57 clerk shall receive, in all such cases, the same

58 fees which the clerks of the district courts of

59 the late Wisconsin Territory ^“^now receive^”^ for similar

60 services.–

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1 Sec. 10. And be it further enacted That there

2 shall be appointed an attorney for said territory, who

3 shall continue in office for four years, unless sooner

4 removed by the President, and who shall receive

5 the same fees and salary as the attorney of the United

6 States for the ^[^present^]^ late Territory of Wisconsin. There

7 shall also be a marshal for the Territory appointed,

8 who shall hold his office for four years, unless sooner

9 removed by the President, and who shall execute

10 all processes issuing from the said courts, when

11 exercising their jurisdiction as circuit and dis-

12 trict courts of the United States; he shall perform

13 the duties, be subject to the same regulation and

14 penalties, and be entitled to the same fees, as the

15 marshal of the district court of the United

16 States for the ^[^present^]^ late Territory of Wisconsin;

and shall, in addition, be paid two hundred

dollars annually as a compensation for extra ser-

vices.

Sec 11 And be it further enacted, That the

Governor, Secretary, chief justice and associate justices,

attorney and marshal, shall be nominated, and,

by and with the advice and consent of the Senate,

appointed by the President of the United States.

The governor and secretary to be appointed as afore-

said shall, before they act as such, respectively,

take an oath or affirmation, before the district

judge, or some justice of the peace in the limits

of said territory, duly authorized to administer

oaths and affirmations by the laws now in force

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therein, or before the chief justice or some

associate justice of the Supreme Court of the

United States, to support the constitution of the

United States, and faithfully to discharge the

duties of their respective offices; which said

oaths, when so taken, shall be certified by the

person by whom the same shall have been

taken, and such certificates shall be received

and recorded by the said secretary among

the executive proceedings; and the chief jus-

tice and associates justices, and all other civil

officers in said territory, before they act as

such, shall take a like oath or affirmation,

before the said governor or secretary, or

some judge or justice of the peace of the

territory, who may be duly commissioned

and qualified, which said oath or affirma-

tion shall be certified and transmitted, by

the person taking the same, to the Secretary,

to be by him recorded as aforesaid; and af-

terwards, the like oath or affirmation shall

be taken, certified, and recorded, in such man-

ner and form as may be prescribed by law.

The Governor shall receive an annual salary

of fifteen hundred dollars as governor, and one

thousand dollars as superintendent of Indian Affairs.

The chief justice and associate justices shall

each receive an annual salary of eighteen

hundred dollars. The secretary shall receive

an annual salary of eighteen hundred dollars.

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The said salaries shall be paid quarter-

yearly, at the treasury of the United States.

The members of the legislative assembly shall be

entitled to receive three dollars each per day du-

ring their attendance at the sessions thereof, and

three dollars each for every twenty miles travel in

going to returning from the said sessions, es-

timated according to the nearest usually travelled

route. There shall be appropriated, annually, the

sum of one thousand dollars, to be expended

by the governor to defray the contingent expenses

of the territory; and there shall also be appropri-

ated, annually, a sufficient sum, to be expended

by the secretary of the territory, and upon an

estimate to be made by the Secretary of the

Treasury of the United States, to defray the ex-

penses of the legislative assembly, the printing of

the laws, and other incidental expenses; and the

secretary of the territory shall annually account

to the Secretary of Treasury of the United States

for the manner in which the aforesaid sum shall

have been expended.

1 Sec. 12 And be it further enacted, That the

2 inhabitants of the said territory shall be entitled

3 to all the rights, privileges, and immunities here-

4 tofore granted and secured to the Territory of

5 Wisconsin and to its inhabitants; and the ^[êxisting

6 laws now in force in said Territory of Wisconsin^]^

7 shall continue to be valid and operative therein, so

8 far as the same be not incompatible with the

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provisions of this act, subject, nevertheless, to be

altered, modified, or repealed, by the governor and

legislative assembly of the said Territory of

Minnesota; and the laws of the United States are

hereby extended over and declared to be in force

in said territory, so far as the same, or any pro-

vision thereof, may be applicable.


legislative assembly of the Territory of Minnesota

shall hold its first session at Saint Paul; and

at said first session the governor and legislative

assembly shall locate and establish a temporary

seat of government for said territory, at such place

as they may deem eligible; and shall, at such

time as they shall see proper, prescribe by law

the manner of locating the permanent seat of

government of said territory by a vote of the

people.

^[Ând the sum of twenty thousand dollars, out

of any money in the treasury not otherwise appro-

priated, is hereby appropriated and granted to said

Territory of Minnesota, to be applied by the governor

and legislative assembly to the erection of suita-

ble public buildings at the seat of govern-

ment.^]^

Sec. 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

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entitled to the same rights and privileges as are

exercised and enjoyed by the delegates from the

several other Territories of the United States to

the said House of Representatives. The first

election shall be held at such times and places,

and be conducted in such manner, as the governor

shall appoint and direct; and at all subse-

quent elections, the time, places, and manner

of holding the elections shall be prescribed by

law. The person having the greatest num-

ber of votes shall be declared by the governor

to be duly elected, and a certificate thereof

shall be given accordingly.


all suits, process, and proceedings, civil and

criminal, at law and in chancery, and all

indictments and informations, which shall

be pending and undetermined in the courts

of the Territory of Wisconsin, within the

limits of said Territory of Minnesota, when

this act shall take effect, shall be trans-

ferred to be heard, tried, prosecuted, and de-

termined in the district courts hereby estab-

lished, which may include the counties or

districts where any such proceedings may

be pending. All bonds, recognizances, and

obligations of every kind whatsoever, valid under

the existing laws within the limits of said ter-

ritory, shall be valid under this act; and all

crimes and misdemeanors against the laws in

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force within said limits may be prosecuted

tried, and punished in the courts established by

this act; and all penalties, forfeitures, actions, and

causes of action, may be recovered under this act,

the same as they would have been under the

laws in force within the limits composing said

territory at the time this act shall go into

operation.

Sec. 16. And be it further enacted–

That all justices of the peace, constables, sheriffs,

and all other judicial and ministerial officers,

who shall be in office within the limits of said

territory when this act shall take effect, shall be,

and they are hereby authorized and required to

continue to exercise and perform the duties of

their respective offices as officers of the territory of

Minnesota, temporarily, and until they, or others,

shall be duly appointed and qualified to fill

their places in the manner herein directed, or

until their offices shall be abolished.–


the sum of five thousand dollars be, and the

same is hereby, appropriated, out of any moneys, in

the treasury not otherwise appropriated, to be expended

by and under the direction of the said governor

of the Territory of Minnesota, in the purchase of

a library, to be kept at the seat of government,

for the use of the governor, legislative assembly,

judges of the supreme court, secretary, marshal, and

attorney of said territory, and such other persons

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and under such regulations as shall be prescribed

by law.


when the lands in the said territory shall be sur-

veyed under the direction of the government of the

United States, preparatory to bringing the same

into market, sections numbered sixteen and

thirty-six in each township in said territory

shall be, and the same is hereby, reserved for

the purpose of being applied to schools in said

territory, and in the States and territories here-

after to be erected out of the same.

Sec. 19. And be it further enacted,

That, temporarily, and until otherwise provided

by law, the governor of said territory may define

the judicial districts of said territory, and as-

sign the judges who may be appointed for

said territory to the several districts, and also

appoint the times and places for holding courts, in

the several counties or subdivisions in each of

said judicial districts, by proclamation to be

issued by him; but the legislative assembly, at

their first or any subsequent session,

may organize, alter or modify such judicial dis-

tricts, and assign the judges, and alter the

times and places of holding the courts, as

to them shall seem proper and convenient.

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Sec. 20. And be it further enacted, That every

bill which shall or may pass the council and house

of representatives, shall, before it becomes 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 the house in which it originated;

which shall cause the objections to be entered at large

upon 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 also be reconsidered, and if approved by

two-thirds 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 same shall be a law, in like

manner as if he had signed it, unless the legislative

assembly, by adjournment, prevent it; in which case it

shall not become a law.–

[ certification ]
01/19/1849
Passed the Senate,
January 19th 1849
Attest
Asbury Dickins—
Secretary

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[ docketing ]
Territories

[ docketing ]
S_152
An act to establish the territorial government of Minnesota.

[ certification ]
02/28/1849
In the House of Representatives, U. S.
February 28 1849
Resolved That this bill pass with amendments.
Attest
Tho J Campbell
Clerk

[ docketing ]
Sibley p-q on Senate’s disagreement to Hos a-q= 2^c

[ docketing ]

Ex^d 3 Mar 1849 Fitzg^d S

Robⁿ H.R

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ThirtiethCongress.
SecondSession.
Congress of the United States.
In the House of Representatives.

Resolved That the Bill from Senate (No. 152) entitled “An Actto establish the territorial government of Minnesota do pass with the following

Amendment

Strike out all after the word “river” in line 4. Sec. 1. to the word

1 “thence” in line 18.—, and insert the words following. “at the point

where the line of forty-three degrees and thirty minutes of north

latitude crosses the same; thence running due west on said line,

which is the northern boundary of the State of Iowa, to the northwest

corner of the said State of Iowa; thence southerly along the western

boundary of said State to the point where said boundary strikes

Âgreed^ the Missouri river; thence up the middle of the main channel of

the Missouri river to the mouth of the White Earth river; thence up

the middle of the main channel of the White Earth river to the

boundary line between the possessions of the United States and

Great Britain; thence east and south of east along the boundary

line between the possessions of the United States and Great Britain

to Lake Superior; thence in a straight line to the northernmost point

of the State of Wisconsin in Lake Superior:”

2 Strike out all after the word “affairs” in line 10. in Sec. 2.

to the word “effect” inclusive, in line 12.

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3 Strike out the word “other” in line 15. Sec. 3.

4 Sec. 9. Line 58. insert the words “the late” before the word “Wiscon[sin]”

5 Sec 9 Line 59. Strike out the words “now receive” & insert the word “received”.

6Âgreed^ Sec. 10. line 6. Strike out the work “present” and insert the word “late” & after the word “Wisconsin” insert the word “re[ceived”]

7 Sec 10 line 16. Strike out the word “present” and insert the work “late”.

8 Sec. 12 Line 5. Strike out the words, “existing laws now in force in said Territory of Wisconsin”’ and insert “laws in force in the Territory of Wisconsin, at the date of the admission of the State of Wisconsin.

9âgree^ At the end of the Bill, add as follows viz. “This act shall take effect from and after the tenth day of March, eighteen hundred and forty-nine”

Attest
Tho. J Campbell
Clerk

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[ certification ]
03/01/1849In the Senat of the U. States
March 1, 1849,
Resolved, That the Senate agree to the amendments of the House of Representatives, numbered 1, 2, 3, 4, 5, 6, 7 and 8, and disagree to the last, numbered 9, to the Bill “to establish the Territorial Government of Minnesota.”

Attest
Asbury Dickins—
Secretary.
In the House of Representatives, U. S.
May 26^th AD 1848
Resolved That this bill do pass
Attest
Tho. J Campbell
Clerk

[ certification ]
03/03/1849In the House of Representatives
March 3^d 1849
Resolved, That this House do recede from their disagreement to their 9^th amendment of the above this bill. disagreed to by the Senate.

Attest,
Tho. J Campbell
Clerk

<Page 36>

[ docketing ]
S...152
Amendments.

[ docketing ]
Hos recede fr 9^th A

	BE IT ENACTED by the Senate and House of Representa-
	tives of the United States of America in Congress assembled,
1	THATfrom and after ^[^the passage of this act,^]^ all that
2	part of the territory of the United States which
3	lies within the following limits, to wit: begin-
4	ning in the Mississippi river, ^[^(at a point where
5	the line of forty-three degrees and thirty minutes
6	of north latitude crosses the same, then running
7	due west on said line, which is the northern bound-
8	ary of the State of Iowa, to the place where said
9	line intersects the line of ninety-five degrees and
10	thirty minutes of west longitude, according to Nic-
11	ollets map; thence on a direct line north of west to
12	the point where the one-hundredth degree of west
13	longitude intersects the forty-ninth parallel of north
14	latitude; thence east and south of east going along the
15	boundary line between the possessions of the United
16	States and Great Britain to Lake Superior; thence
17	along said line to the northwest corner of the State
18	of Wisconsin;)^]^ thence along the western boundary line
19	of said State of Wisconsin to the Mississippi river;
20	thence down the main channel of said river to
21	the place of beginning be, and the same is hereby
22	erected into a temporary government by the name
23	of the Territory of Minnesota: Provided, That nothing
	in this act contained shall be construed to inhibit
	the government of the United States from dividing
	said territory into two or more territories, in such
	manner, and at such times as Congress shall deem

	convenient and proper, or from attaching any por-
	tion of said territory to any other State or Territory
	of the United States.
1	Sec. 2. And be it further enacted, That the
2	executive power and authority in and over said terri-
3	tory of Minnesota shall be vested in a governor, who
4	shall hold his office for four years, and until his
5	successor shall be appointed and qualified, unless
6	sooner removed by the President of the United States.
7	The governor shall reside within said territory, shall be
8	commander-in-chief of the militia thereof, shall perform
9	the duties and receive the emoluments of Superintendent
10	of Indian affairs, ^[^and shall approve of all laws
11	passed by the legislative assembly before they shall
12	take effect;^]^ he may grant pardons for offences against
	the laws of said territory, and reprieves for offences
	against the laws of the United States until the de-
	cision of the President can be made known thereon;
	he shall commission all officers who shall be ap-
	pointed to office under the laws of the said terri-
	tory, and shall take care that the laws be faithfully
	executed.
1	Sec. 3. And be it further enacted, That
2	there shall be a secretary of said territory, who shall
3	reside therein and hold his office for four years, unless
4	sooner removed by the President of the United States;
5	he shall record and preserve all the laws and
6	proceedings of the legislative assembly hereinafter
7	constituted, and all the acts and proceedings of the govern-
8	or in his executive department; he shall transmit one

9	copy of the laws and one copy of the executive pro-
10	ceedings, on or before the first day of December in each
11	year, to the President of the United States, and, at the
12	same time, two copies of the laws to the Speaker of
13	the House of Representatives and the President of the
14	Senate, for the use of Congress. And in case of the
15	death, removal, resignation, or ^[^other^]^ necessary absence
16	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, or
	until another governor shall be duly appointed to fill
	such vacancy.
	Sec. 4. And be it further enacted, That the
	legislative power and authority of said territory shall
	be vested in the governor and a legislative assembly. The
	legislative assembly shall consist of a council and house
	of representatives. The council shall consist of nine
	members, having the qualifications of voters as hereinafter
	prescribed, whose term of service shall continue two
	years. The house of representatives shall, at its first session,
	consist of eighteen members, possessing the same qualifi-
	cations as prescribed for members of the council, and
	whose term of service shall continue one year. The num-
	ber of counsellors and representatives may be increased
	by the legislative assembly, from time to time, in
	proportion to the increase of population: Provided,
	That the whole number shall never exceed “fifteen
	counsellors and thirty-nine representatives. And appor-
	tionment shall be made, as nearly equal as practicable,

	among the several counties or districts, for the election
	of the council and representatives, giving to each sec-
	tion of the territory representation in the ratio of its pop-
	ulation, Indians excepted, as nearly as may be. And the
	members of the council and of the house of representa-
	tives shall reside in, and be inhabitants of, the district
	for which they may be elected, respectively. Previous to
	the first election, the governor shall cause a census or
	enumeration of the inhabitants of the several counties and
	districts of the territory to be taken, and the first elec-
	tion shall be held at such time and places, 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 representa-
	tives to which each of the counties or districts shall be
	entitled under this act. The number of persons authorized
	to be elected having the highest number of votes in each
	of said council districts for members of the council shall
	be declared by the governor to be duly elected to the coun-
	cil; and the person or persons authorized to be elected
	having the greatest number of votes for the house of
	representatives, equal to the number to which each
	county or district shall be entitled shall be declared by
	the governor to be duly elected members of the
	House of Representatives; Provided, That, in case of
	a tie between two or more persons voted for, the gov-
	ernor shall order a new election to supply the va-
	cancy made by such tie. And the persons thus elected
	to the legislative assembly shall meet at such place,
	and on such day, as the governor shall appoint;

	but thereafter, the time, place, and manner of hold-
	ing and conducting all elections by the people, and
	the apportioning the representation in the several
	counties or districts to the council and house of rep-
	resentatives according to the population, shall be pres-
	cribed by law, as well as the day of the commence-
	ment of the regular sessions of the legislative assembly:
	Provided, That no one session shall exceed the term
	of sixty days.
	Sec. 5. And be it further enacted, That every
	free white male inhabitant above the age of twenty-
	one years, who shall have been a resident of said territory
	at the time of the passage of this act, 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 and of holding office, at all subsequent elections,
	shall be such as shall be prescribed by the legislative as-
	sembly: Provided, That the right of suffrage and of hold-
	ing office shall be exercised only by citizens of the United
	States, and those who shall have declared, on oath, their
	intention to become such, and shall have taken an oath
	to support the constitution of the United States and
	the provisions of this act.
	Sec. 6. And be it further enacted, That the
	legislative power of the territory shall extend to all
	rightful subjects of legislation, consistent with the
	constitution of the United States and the provisions of
	this act; 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 passed by the legislative assembly and gov-
	ernor shall be submitted to the Congress of the United
	States, and if disapproved, shall be null and of no
	effect.–
	Sec. 7. And be it further enacted, That all
	township, district, and county officers, not herein otherwise
	provided for, shall be appointed or elected, as the case
	may be, in such manner as shall be provided by the
	governor and legislative assembly of the territory of
	Minnesota. The governor shall nominate, and, by and with
	the advice and consent of the legislative council, appoint
	all officers not herein otherwise provided for; and in
	the first instance the governor alone may appoint all
	said officers, who shall hold their offices until the end
	of the next session of the legislative assembly.
	Sec. 8. And be it further enacted, That no mem-
	ber of the legislative assembly shall hold or be ap-
	pointed to any office which shall have been created,
	or the salary or emoluments of which shall have been
	increased while he was a member, during the term
	for which he was elected, and for one year after
	the expiration of such term; and no person holding
	a commission or appointment under the United States,
	except postmasters, shall be a member of the legisla-
	tive assembly, or shall hold any office under the govern-
	ment of said territory.–
1	Sec. 9. And be it further enacted, That the
2	judicial power of said territory shall be vested in a

3	supreme court, district courts, probate courts, and in
4	justices of the peace. The supreme court shall consist
5	of a chief justice and two associate justices, any two
6	of whom shall constitute a quorum, and who shall
7	hold a term at the seat of government of said terri-
8	tory annually, and they shall hold their offices during
9	the period of four years. The said territory shall be divid-
10	ed into three judicial districts, and a district court shall
11	be held in each of said districts by one of the justices
12	of the supreme court, at such times and places as may be
13	prescribed by law; and the said judges shall, after their
14	appointments, respectively, reside in the districts which
15	shall be assigned them. The jurisdiction of the several
16	courts herein provided for, both appellate and original,
17	and that of the probate courts and of justices of the
18	peace, shall be as limited by law: Provided, That justices
19	of the peace shall not have jurisdiction of any matter
20	in controversy when the title or boundaries of land may
21	be in dispute, or where the debt or sum claimed shall
22	exceed one hundred dollars; and the said supreme and
23	district courts, respectively, shall possess chancery, as
24	well as common law jurisdiction. Each district
25	court, or the judge thereof, shall appoint its clerk, who
26	shall also be the register in chancery, and shall keep
27	his office at the place where the court may be held.
28	Writs of error, bills of exception and appeals shall be
29	allowed in all cases, from the final decisions of said
30	district courts to the supreme court, under such reg-
31	ulations as may be prescribed by law, but in no
32	case removed to the supreme court shall trial by

33	jury be allowed in said court. The supreme court,
34	or the justices thereof, shall appoint its own clerk,
35	and every clerk shall hold his office at the pleasure
36	of the court for which he shall have been ap-
37	pointed. Writs of error and appeals from the
38	final decisions of said supreme court shall be
39	allowed and may be taken to the supreme court
40	of the United States in the same manner and
41	under the same regulations as from the circuit
42	courts of the United States, where the value of the
43	property or the amount in controversy to be as-
44	certained by the oath or affirmation of either party,
45	or other competent witness, shall exceed one thous-
46	and dollars; and each of the said district courts shall
47	have and exercise the same jurisdiction in all cases
48	arising under the constitution and laws of the United
49	States, as is vested in the circuit and district courts
50	of the United States; and the first six days of every
51	term of said courts, or so much thereof as shall
52	be necessary, shall be appropriated to the trial of
53	causes arising under the said constitution and
54	laws; and writs of error and appeal in all such
55	cases shall be made to the supreme court of said
56	territory, the same as in other cases. The said
57	clerk shall receive, in all such cases, the same
58	fees which the clerks of the district courts of
59	the late Wisconsin Territory ^“^now receive^”^ for similar
60	services.–

1	Sec. 10. And be it further enacted That there
2	shall be appointed an attorney for said territory, who
3	shall continue in office for four years, unless sooner
4	removed by the President, and who shall receive
5	the same fees and salary as the attorney of the United
6	States for the ^[^present^]^ late Territory of Wisconsin. There
7	shall also be a marshal for the Territory appointed,
8	who shall hold his office for four years, unless sooner
9	removed by the President, and who shall execute
10	all processes issuing from the said courts, when
11	exercising their jurisdiction as circuit and dis-
12	trict courts of the United States; he shall perform
13	the duties, be subject to the same regulation and
14	penalties, and be entitled to the same fees, as the
15	marshal of the district court of the United
16	States for the ^[^present^]^ late Territory of Wisconsin;
	and shall, in addition, be paid two hundred
	dollars annually as a compensation for extra ser-
	vices.
	Sec 11 And be it further enacted, That the
	Governor, Secretary, chief justice and associate justices,
	attorney and marshal, shall be nominated, and,
	by and with the advice and consent of the Senate,
	appointed by the President of the United States.
	The governor and secretary to be appointed as afore-
	said shall, before they act as such, respectively,
	take an oath or affirmation, before the district
	judge, or some justice of the peace in the limits
	of said territory, duly authorized to administer
	oaths and affirmations by the laws now in force

	therein, or before the chief justice or some
	associate justice of the Supreme Court of the
	United States, to support the constitution of the
	United States, and faithfully to discharge the
	duties of their respective offices; which said
	oaths, when so taken, shall be certified by the
	person by whom the same shall have been
	taken, and such certificates shall be received
	and recorded by the said secretary among
	the executive proceedings; and the chief jus-
	tice and associates justices, and all other civil
	officers in said territory, before they act as
	such, shall take a like oath or affirmation,
	before the said governor or secretary, or
	some judge or justice of the peace of the
	territory, who may be duly commissioned
	and qualified, which said oath or affirma-
	tion shall be certified and transmitted, by
	the person taking the same, to the Secretary,
	to be by him recorded as aforesaid; and af-
	terwards, the like oath or affirmation shall
	be taken, certified, and recorded, in such man-
	ner and form as may be prescribed by law.
	The Governor shall receive an annual salary
	of fifteen hundred dollars as governor, and one
	thousand dollars as superintendent of Indian Affairs.
	The chief justice and associate justices shall
	each receive an annual salary of eighteen
	hundred dollars. The secretary shall receive
	an annual salary of eighteen hundred dollars.

	The said salaries shall be paid quarter-
	yearly, at the treasury of the United States.
	The members of the legislative assembly shall be
	entitled to receive three dollars each per day du-
	ring their attendance at the sessions thereof, and
	three dollars each for every twenty miles travel in
	going to returning from the said sessions, es-
	timated according to the nearest usually travelled
	route. There shall be appropriated, annually, the
	sum of one thousand dollars, to be expended
	by the governor to defray the contingent expenses
	of the territory; and there shall also be appropri-
	ated, annually, a sufficient sum, to be expended
	by the secretary of the territory, and upon an
	estimate to be made by the Secretary of the
	Treasury of the United States, to defray the ex-
	penses of the legislative assembly, the printing of
	the laws, and other incidental expenses; and the
	secretary of the territory shall annually account
	to the Secretary of Treasury of the United States
	for the manner in which the aforesaid sum shall
	have been expended.
1	Sec. 12 And be it further enacted, That the
2	inhabitants of the said territory shall be entitled
3	to all the rights, privileges, and immunities here-
4	tofore granted and secured to the Territory of
5	Wisconsin and to its inhabitants; and the ^[^existing
6	laws now in force in said Territory of Wisconsin^]^
7	shall continue to be valid and operative therein, so
8	far as the same be not incompatible 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
	Minnesota; and the laws of the United States are
	hereby extended over and declared to be in force
	in said territory, so far as the same, or any pro-
	vision thereof, may be applicable.
	Sec. 13. And be it further enacted, That the
	legislative assembly of the Territory of Minnesota
	shall hold its first session at Saint Paul; and
	at said first session the governor and legislative
	assembly shall locate and establish a temporary
	seat of government for said territory, at such place
	as they may deem eligible; and shall, at such
	time as they shall see proper, prescribe by law
	the manner of locating the permanent seat of
	government of said territory by a vote of the
	people.
	^[^And the sum of twenty thousand dollars, out
	of any money in the treasury not otherwise appro-
	priated, is hereby appropriated and granted to said
	Territory of Minnesota, to be applied by the governor
	and legislative assembly to the erection of suita-
	ble public buildings at the seat of govern-
	ment.^]^
	Sec. 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 are
	exercised and enjoyed by the delegates from the
	several other Territories of the United States to
	the said House of Representatives. The first
	election shall be held at such times and places,
	and be conducted in such manner, as the governor
	shall appoint and direct; and at all subse-
	quent elections, the time, places, and manner
	of holding the elections shall be prescribed by
	law. The person having the greatest num-
	ber of votes shall be declared by the governor
	to be duly elected, and a certificate thereof
	shall be given accordingly.
	Sec. 15. And be it further enacted, That
	all suits, process, and proceedings, civil and
	criminal, at law and in chancery, and all
	indictments and informations, which shall
	be pending and undetermined in the courts
	of the Territory of Wisconsin, within the
	limits of said Territory of Minnesota, when
	this act shall take effect, shall be trans-
	ferred to be heard, tried, prosecuted, and de-
	termined in the district courts hereby estab-
	lished, which may include the counties or
	districts where any such proceedings may
	be pending. All bonds, recognizances, and
	obligations of every kind whatsoever, valid under
	the existing laws within the limits of said ter-
	ritory, shall be valid under this act; and all
	crimes and misdemeanors against the laws in

	force within said limits may be prosecuted
	tried, and punished in the courts established by
	this act; and all penalties, forfeitures, actions, and
	causes of action, may be recovered under this act,
	the same as they would have been under the
	laws in force within the limits composing said
	territory at the time this act shall go into
	operation.
	Sec. 16. And be it further enacted–
	That all justices of the peace, constables, sheriffs,
	and all other judicial and ministerial officers,
	who shall be in office within the limits of said
	territory when this act shall take effect, shall be,
	and they are hereby authorized and required to
	continue to exercise and perform the duties of
	their respective offices as officers of the territory of
	Minnesota, temporarily, and until they, or others,
	shall be duly appointed and qualified to fill
	their places in the manner herein directed, or
	until their offices shall be abolished.–
	Sec. 17. And be it further enacted, That
	the sum of five thousand dollars be, and the
	same is hereby, appropriated, out of any moneys, in
	the treasury not otherwise appropriated, to be expended
	by and under the direction of the said governor
	of the Territory of Minnesota, in the purchase of
	a library, to be kept at the seat of government,
	for the use of the governor, legislative assembly,
	judges of the supreme court, secretary, marshal, and
	attorney of said territory, and such other persons

	and under such regulations as shall be prescribed
	by law.
	Sec. 18. And be it further enacted, That
	when the lands in the said territory shall be sur-
	veyed under the direction of the government of the
	United States, preparatory to bringing the same
	into market, sections numbered sixteen and
	thirty-six in each township in said territory
	shall be, and the same is hereby, reserved for
	the purpose of being applied to schools in said
	territory, and in the States and territories here-
	after to be erected out of the same.
	Sec. 19. And be it further enacted,
	That, temporarily, and until otherwise provided
	by law, the governor of said territory may define
	the judicial districts of said territory, and as-
	sign the judges who may be appointed for
	said territory to the several districts, and also
	appoint the times and places for holding courts, in
	the several counties or subdivisions in each of
	said judicial districts, by proclamation to be
	issued by him; but the legislative assembly, at
	their first or any subsequent session,
	may organize, alter or modify such judicial dis-
	tricts, and assign the judges, and alter the
	times and places of holding the courts, as
	to them shall seem proper and convenient.

	Sec. 20. And be it further enacted, That every
	bill which shall or may pass the council and house
	of representatives, shall, before it becomes 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 the house in which it originated;
	which shall cause the objections to be entered at large
	upon 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 also be reconsidered, and if approved by
	two-thirds 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 same shall be a law, in like
	manner as if he had signed it, unless the legislative
	assembly, by adjournment, prevent it; in which case it
	shall not become a law.–

	Strike out all after the word “river” in line 4. Sec. 1. to the word
1	“thence” in line 18.—, and insert the words following. “at the point
	where the line of forty-three degrees and thirty minutes of north
	latitude crosses the same; thence running due west on said line,
	which is the northern boundary of the State of Iowa, to the northwest
	corner of the said State of Iowa; thence southerly along the western
	boundary of said State to the point where said boundary strikes
^Agreed^	the Missouri river; thence up the middle of the main channel of
	the Missouri river to the mouth of the White Earth river; thence up
	the middle of the main channel of the White Earth river to the
	boundary line between the possessions of the United States and
	Great Britain; thence east and south of east along the boundary
	line between the possessions of the United States and Great Britain
	to Lake Superior; thence in a straight line to the northernmost point
	of the State of Wisconsin in Lake Superior:”

2	Strike out all after the word “affairs” in line 10. in Sec. 2.
	to the word “effect” inclusive, in line 12.

3	Strike out the word “other” in line 15. Sec. 3.
4	Sec. 9. Line 58.	insert the words “the late” before the word “Wiscon[sin]”
5	Sec 9 Line 59.	Strike out the words “now receive” & insert the word “received”.
6^Agreed^	Sec. 10. line 6.	Strike out the work “present” and insert the word “late” & after the word “Wisconsin” insert the word “re[ceived”]
7	Sec 10 line 16.	Strike out the word “present” and insert the work “late”.
8	Sec. 12 Line 5.	Strike out the words, “existing laws now in force in said Territory of Wisconsin”’ and insert “laws in force in the Territory of Wisconsin, at the date of the admission of the State of Wisconsin.
9^agree^	At the end of the Bill, add as follows viz.	“This act shall take effect from and after the tenth day of March, eighteen hundred and forty-nine”