power vested in a governor, years, &c. Powers and duties of the governor. The executive $ 2. The executive power shall be vested in a governor, who shall reside in the said territory, and hold his office during the who is to hold term of three years, unless sooner removed by the president of his office for 3 the United States. He shall be commander in chief of the militia of the said territory; shall have power to grant pardons for offences against the said territory, and reprieves for those against the United States, until the decision of the president of the United States thereon shall be made known; and to appoint and commission all officers, civil, and of the militia, whose appointments are not herein otherwise provided for, and which shall be established by law. He shall take care that the laws be faithfully executed. A secretary of the territory ed, to hold his to be appoint office four years, &c. Duties of the secretary. $3. A secretary of the territory shall also be appointed, who shall hold his office during the term of four years, unless sooner removed by the president of the United States, whose duty it shall be, under the direction of the governor, to record and preserve all the papers and proceedings of the executive, and all the acts of the governor and legislative council, and transmit authentic copies of the proceedings of the governor, in his executive department, every six months, to the president of the In case of va- United States. In case of the vacancy of the office of governor, the government of the said territory shall devolve on the secretary. cancy in the office of governor, &c. The legisla be vested in a a council of thirteen, &c. Legislative powers of the governor and council. No law valid which is inconsistent 4. The legislative power shall be vested in the governor, tive power to and in thirteen of the most fit and discreet persons of the terrigovernor, and tory, to be called the legislative council, who shall be appointed annually, by the president of the United States, from among those holding real estate therein, and who shall have resided one year, at least, in the said territory, and hold no office of profit under the territory of the United States. The governor, by and with the advice and consent of the said legislative council, or of a majority of them, shall have power to alter, modify, or repeal, the laws which may be in force at the commencement of this act. Their legislative powers shall also extend to all the rightful subjects of legislation; but no law shall be valid which is inconsistent with the constitution and laws of the United States, with the con- or which shall lay any person under restraint, burthen, or disastitution, &c. bility, on account of his religious opinions, professions, or worship; in all which he shall be free to maintain his own, and not The governor burthened with those of another. The governor shall publish, to publish the throughout the said territory, all the laws which shall be made, &c. and con- and shall, from time to time, report the same to the president of gress may dis- the United States, to be laid before congress; which, if disapThe governor proved of by congress, shall thenceforth be of no force. The governor or legislative council shall have no power over the primary disposal of the soil, nor to tax the lands of the United States, nor to interfere with the claims to land within the said The governor territory. The governor shall convene and prorogue the legisand prorogue lative council, whenever he may deem it expedient. laws, report, approve, &c. or council to have no power over, &c. may convene the council, It shall be &c. and com- his duty to obtain all the information in his power, in relation to municate in the customs, habits, and dispositions, of the inhabitants of the formation, &c. to the presisaid territory, and communicate the same, from time to time, to the president of the United States. dent. vested in a su justices of the Constitution, 5. The judicial power shall be vested in a superior court, The judicial and in such inferior courts, and justices of the peace, as the le- power in be gislature of the territory may, from time to time, establish. The perior and injudges of the superior court, and justices of the peace, shall hold ferior courts, their offices for the term of four years. The superior court peace, &c. shall consist of three judges, any one of whom shall constitute a jurisdiction, court; they shall have jurisdiction in all criminal cases, and ex- and sessions clusive jurisdiction in all those which are capital; and original courts. of the superior and appellate jurisdiction in all civil cases of the value of one hundred dollars. Its session shall commence on the first Monday of every month, and continue till all the business depending before them shall be disposed of. They shall appoint their own clerk. In all criminal prosecutions which are capital, the trial Trial by jury, shall be by a jury of twelve good and lawful men of the vicinage; and in all cases criminal and civil, in the superior court, the trial shall be by a jury, if either of the parties require it. The in- The inhabithabitants of the said territory shall be entitled to the benefits of the writ of habeas corpus; they shall be bailable, unless for ca- habeas corpus, pital offences, where the proof shall be evident, or the presumption great; and no cruel and unusual punishments shall be inflicted. &c. ants entitled &c. whom. $6. The governor, secretary, judges, district attorney, mar- Governor, socretary, judgshal, and all general officers of the militia, shall be appointed es, &c. to be by the president of the United States, in the recess of the sen- appointed by the president, ate; but shall be nominated, at their next meeting, for their &c. advice and consent. The governor, secretary, judges, members The governor, of the legislative council, justices of the peace, and all other secretary, officers, civil, and of the militia, before they enter upon the take an oath, judges, &c. to duties of their respective offices, shall take an oath or affirma- and before tion to support the constitution of the United States, and for the faithful discharge of the duties of their office; the governor, before the president of the United States, or before a judge of the supreme or district court of the United States, or before such other person as the president of the United States shall authorize to administer the same; the secretary, judges, and members of the legislative council, before the governor; and all other officers before such persons as the governor shall direct. The Salary of the governor shall receive an annual salary of five thousand dollars; 5,000 dolls. the secretary of two thousand dollars, and the judges of two Secretary and judges, 2,000 thousand dollars each; to be paid quarter yearly, out of the cach. revenues of impost and tonnage, accruing within the said territory. The members of the legislative council shall receive The members of the legislafour dollars, each, per day, during their attendance in council. tive council to 7. That the following acts, that is to say: An act for the receive, &c. punishment of certain crimes against the United States. An Act extended act in addition to an act, for the punishment of certain crimes have effect in, against the United States. An act to prevent citizens of the the territories United States from privateering against nations in amity with, or against citizens of, the United States. An act for the punishment of certain crimes therein specified. An act respecting fugitives from justice, and persons escaping from service of their masters. An act to prohibit the carrying on the slave trade from the United States to any foreign place or country. An act governor, to, and to ceded. A district court to be established in Orleans, to cise the same to prevent the importation of certain persons into certain states, where, by the laws thereof, their admission is prohibited. An act to establish the post office of the United States. An act further to alter and establish certain post roads, and for the more secure carriage of the mail of the United States. An act for the more general promulgation of the laws of the United States. An act in addition to an act, entitled an act for the more general promulgation of the laws of the United States. An act to promote the progress of useful arts, and to repeal the act heretofore made for that purpose. An act to extend the privilege of obtaining patents for useful discoveries and inventions to certain persons therein mentioned, and to enlarge and define the penalties for violating the rights of patentees. An act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the time therein mentioned. An act supplementary to an act, entitled 'an act for the encouragement of learning, by securing the copies of maps, charts, and books, to the authors and proprietors of such copies, during the time therein mentioned; and extending the benefits thereof to the arts of designing, engraving, and etching, historical and other prints.' An act providing for salvage in cases of recapture. An act respecting alien enemies. An act to prescribe the mode in which the public acts, records, and judicial proceedings, in each state, shall be authenticated, so as to take effect in every other state. An act for establishing trading houses with Indian tribes. An act for continuing in force a law, entitled an act for establishing trading houses with the Indian tribes. And, an act making provision relative to rations for Indians and to their visits to the seat of government: shall extend to, and have full force and effect in, the above mentioned territories. S. There shall be established in the said territory a district court, to consist of one judge, who shall reside therein, and the territory of be called the district judge, and who shall hold, in the city of consist of one Orleans, four sessions annually; the first to commence on the judge; its ses- third Monday in October next, and the three other sessions, sions, &c. progressively, on the third Monday of every third calendar The district month thereafter. He shall, in all things, have and exercise the judge to exer- same jurisdiction and powers, which are by law given to, or may powers as, &c. be exercised by, the judge of Kentucky district, and shall be His annual allowed an annual compensation of two thousand dollars, to be compensation, paid, quarter yearly, out of the revenues of impost and tonnage The district accruing within the said territory. He shall appoint a clerk for judge to ap- the said district, who shall reside, and keep the records of the point a clerk, court, in the city of Orleans, and shall receive for the services performed by him, the same fees to which the clerk of Kentucky district is entitled for similar services. There shall be appointed in the said district, a person learned in the law, to act as attorney; to be torney for the United States, who shall, in addition to his stated paid 600 dolls. fees, be paid six hundred dollars, annually, as a full compensaextra services. tion for all extra services. There shall also be appointed a mar 2,000 dolls. to reside in the city of Orleans, &c. A district at : annually for A marshal; shal for the said district, who shall perform the same duties, be his duties, &c. subject to the same regulations and penalties, and be entitled to the same fees to which marshals in other districts are entitled The marshal Vol. i. p. 1251 for similar services; and shall, moreover, be paid two hundred to be paid, &c. dollars, annually, as a compensation for all extra services. of jurors, and tion. § 9. All free male white persons, who are housekeepers, and Qualifications who shall have resided one year, at least, in the said territory, the mode of shall be qualified to serve as grand or petit jurors, in the courts their selecof the said territory; and they shall, until the legislature thereof shall otherwise direct, be selected in such manner as the judges of the said courts, respectively, shall prescribe, so as to be most conducive to an impartial trial, and to be least burthensome to the inhabitants of the said territory. to the territo without the feit, for every ed, 300 dolls. the person suing. ed, &c. enti § 10. It shall not be lawful for any person or persons to im- Slaves, not to port or bring into the said territory, from any port or place with- be brought inout the limits of the United States, or cause or procure to be so ry, from places imported or brought, or knowingly to aid or assist in so import-limits, &c. ing or bringing, any slave or slaves. And every person so of Persons of fending, and being thereof convicted before any court within fending, to forsaid territory, having competent jurisdiction, shall forfeit and slave importpay, for each and every slave so imported or brought, the sum of three hundred dollars; one moiety for the use of the United States, and the other moiety for the use of the person or person's A moiety to who shall sue for the same; and every slave so imported or brought, shall thereupon become entitled to, and receive, his or Slaves importher freedom. It shall not be lawful for any person or persons to tled to freeimport or bring into the said territory, from any port or place dom. within the limits of the United States, or to cause or procure to bring into the No person to be so imported or brought, or knowingly to aid or assist in so territory, from any place importing or bringing, any slave or slaves which shall have been within the liimported since the first day of May, one thousand seven hundred mits of the U. and ninety eight, into any port or place within the limits of the slave importUnited States, or which may hereafter be so imported from any ed since the 1st May, 1798, port or place without the limits of the United States; and every &c. person so offending, and being thereof convicted, before any Persons offer court within said territory, having competent jurisdiction, shall forfeit 300 forfeit and pay, for each and every slave so imported or brought, dolls. for evethe sum of three hundred dollars; one moiety for the use of the United States, and the other moiety for the use of the person or A moiety to person's suing, persons who shall sue for the same; and no slave or slaves shall, pers directly or indirectly, be introduced into said territory, except No slave to by a citizen of the United States removing into said territory for be introduced actual settlement, and being, at the time of such removal, bona tory, except fide owner of such slave or slaves; and every slave imported or by a citizen brought into the said territory, contrary to the provisions of this actual settleact, shall thereupon be entitled to, and receive, his or her free- ment, &c. dom. States, any ding, &c. to ry slave, &c. into the terri removing for &c. not incon 11. The laws in force in the said territory at the commence- Laws in force, ment of this act, and not inconsistent with the provisions thereof, sistent with shall continue in force until altered, modified, or repealed, by the legislature. 12. The residue of the province of Louisiana, ceded to the United States, shall be called the district of Louisiana, the government whereof shall be organized and administered as follows: The executive power now vested in the governor of the VOL. II. 98 this act, to continue until altered, &c. The residue ceded, to be called, &c. of the province 1252. The executive &c. tablish inferior is inconsistent, &c. trial by jury. Two courts annually; ju the judges, risdiction of &c. Vol. ii. p. 972. Indiana territory, shall extend to, and be exercised in, the said district of Louisiana. The governor and judges of the Indiana power vested territory shall have power to establish, in the said district of in the over, Louisiana, inferior courts, and prescribe their jurisdiction and nor of Indiana, duties, and to make all laws which they may deem conducive The governor and judges of to the good government of the inhabitants thereof: Provided, Indiana to es- however, That no law shall be valid which is inconsistent with courts in the the constitution and laws of the United States, or which shall district, make lay any person under restraint or disability on account of his relaws, &c. Proviso; no ligious opinions, profession, or worship; in all of which he shall law valid that be free to maintain his own, and not burthened for those of another: And provided, also, That in all criminal prosecutions, Proviso as to the trial shall be by a jury of twelve good and lawful men of the vicinage; and in all civil cases, of the value of one hundred dollars, the trial shall be by jury, if either of the parties require it. The judges of the Indiana territory, or any two of them, shall hold, annually, two courts within the said district, at such place as will be most convenient to the inhabitants thereof in general, shall possess the same jurisdiction they now possess in the Indiana territory, and shall continue in session until all the The secretary business depending before them shall be disposed of. It shall of the Indiana be the duty of the secretary of the Indiana territory to record cord and pre- and preserve all the papers and proceedings of the governor, of an executive nature, relative to the district of Louisiana, and ceedings of the transmit authentic copies thereof, every six months, to the pretive to the dis-sident of the United States. The governor shall publish throughtrict of Louis- out the said district, all the laws which may be made as aforesaid, and shall, from time to time, report the same to the presiLaws disapproved of by dent of the United States, to be laid before congress, which, if disapproved of by congress, shall thenceforth cease, and be of no effect. The said district of Louisiana shall be divided into districts by the governor, under the direction of the president, as the convenience of the settlements shall require, subject to such alterations hereafter as experience may prove more convenient. The inhabitants of each district, between the ages of 18 and 45, to eighteen and forty-five, shall be formed into a militia, with probe formed into per officers, according to their numbers, to be appointed by the governor, except the commanding officer, who shall be appointmanding offi- ed by the president, and who, whether a captain, a major, or a cer to be appointed by the colonel, shall be the commanding officer of the district, and, as president, &c. such, shall, under the governor, have command of the regular territory to re serve the exe cutive pro governor, rela iana. congress to The district of be divided in- The inhabitants between a militia. The com his powers and duties, &c. Laws in force in the district, &c. not in consist officers and troops in his district, as well as of the militia, for which he shall have a brevet commission, giving him such command, and the pay and emoluments of an officer of the same grade in the regular army; he shall be specially charged with the employment of the military and militia of his district, in cases of sudden invasion or insurrection, and until the orders of the governor can be received, and at all times with the duty of ordering a military patrole, aided by militia, if necessary, to arrest unauthorized settlers in any part of his district, and to commit such offenders to gaol, to be dealt with according to law. § 13. The laws in force in the said district of Louisiana, at the commencement of this act, and not inconsistent with any of |