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14 Stat. 369.
3. That the secretary of the treasury be and he is hereby authorized and directed 27 July 1866 8 1 to furnish to each state, to be delivered to the governor thereof, one set of the standard weights and measures of the metric system for the use of the states respectively.
I. ADMISSION INTO THE UNION.
1. Boundaries of West Virginia. Admitted into the Union. 2. On condition of the abolition of slavery.
II. CIRCUIT AND DISTRICT COURTS. 3. District court established.
31 Dec. 1862 2 1. 12 Stat. 633. Boundaries of West Virginia.
Admitted into the Union.
Ibid. § 2.
On condition of the abolition of slavery.
11 June 1864 2 1. 13 Stat. 124. District court established.
4. Custody of records. Pending process.
5. Former proceedings confirmed.
6. Session of circuit court to be held at Parkersburg.
III. COLLECTION DISTRICTS.
7. Parkersburg a port of delivery.
I. ADMISSION INTO THE UNION.
1. Whereas the people inhabiting that portion of Virginia known as West Virginia did by a convention assembled in the city of Wheeling, on the 26th of November 1861, frame for themselves a constitution with a view of becoming a separate and independent state; and whereas at a general election held in the counties composing the territory aforesaid, on the third day of May last, the said constitution was approved and adopted by the qualified voters of the proposed state; and whereas the legislature of Virginia, by an act passed on the 13th day of May 1862, did give its consent to the formation of a new state within the jurisdiction of the said state of Virginia, to be known by the name of West Virginia, and to embrace the following named counties, to wit: Hancock, Brooke, Ohio, Marshall, Wetzel, Marion, Monongalia, Preston, Taylor, Tyler, Pleasants, Ritchie, Doddridge, Harrison, Wood, Jackson, Wirt, Roane, Calhoun, Gilmer, Barbour, Tucker, Lewis, Braxton, Upshur, Randolph, Mason, Putnam, Kanawha, Clay, Nicholas, Cabell, Wayne, Boone, Logan, Wyoming, Mercer, McDowell, Webster, Pocahontas, Fayette, Raleigh, Greenbrier, Monroe, Pendleton, Hardy, Hampshire and Morgan; and whereas both the convention and the legislature aforesaid have requested that the new state should be admitted into the Union, and the constitution aforesaid being republican in form, congress doth hereby consent that the said forty-eight counties may be formed into a separate and independent state. Therefore, Be it enacted, That the state of West Virginia be and is hereby declared to be one of the United States of America, and admitted into the Union, on an equal footing with the original states in all respects whatever, and until the next general census shall be entitled to three members in the house of representatives of the United States: Provided always, That this act shall not take effect until after the proclamation of the president of the United States hereinafter provided for.
2. It being represented to congress that since the convention of the 26th of November 1861, that framed and proposed the constitution for the said state of West Virginia, the people thereof have expressed a wish to change the seventh section of the eleventh article of said constitution by striking out the same and inserting the following in its place, viz.: "The children of slaves born within the limits of this state after the fourth day of July 1863, shall be free; and that all slaves within the said state who shall, at the time aforesaid, be under the age of ten years, shall be free when they arrive at the age of twenty-one years; and all slaves over ten and under twenty-one years shall be free when they arrive at the age of twenty-five years; and no slave shall be permitted to come into the state for permanent residence therein:" Therefore, Be it further enacted, That whenever the people of West Virginia shall, through their said convention, and by a vote to be taken at an election to be held within the limits of the said state, at such time as the convention may provide, make and ratify the change aforesaid, and properly certify the same under the hand of the president of the convention, it shall be lawful for the president of the United States to issue his proclamation stating the fact, and thereupon this act shall take effect and be in force from and after sixty days from the date of said proclamation.
II. CIRCUIT AND DISTRICT COURTS.
3. The jurisdiction of the western district of Virginia shall hereafter be coextensive with, and confined to the limits of the state of West Virginia, and shall be called the district of West Virginia; and the jurisdiction of the eastern district of Virginia shall hereafter be coextensive with the limits and include the whole of the state of Virginia, and shall be called the district of Virginia. The judge of the said district of West Virginia shall annually hold six sessions as follows: at Clarksburg, on the 24th days of March and August; at Wheeling, on the 6th days of April and September; and at Charleston, on the 19th days of April and September. The judge of the district of Virginia shall, in addition to the sessions heretofore held by him as judge of the eastern district of Virginia, hold sessions at the times and places within the district of Virginia,
when and where sessions were held prior to the passage of this act by the judge of the western district of Virginia.
4. All the records and files of the courts of the western district of Virginia, hitherto held within the limits of the district of Virginia, as prescribed and fixed in the 1st Custody of resection of this act, shall remain and be kept in the district of Virginia; and all records cords. and files of the courts of the western district of Virginia, hitherto held within the limits of the district of West Virginia, as prescribed and fixed by the 1st section of this act, shall remain and be kept in the district of West Virginia. And all writs, suits, pleas, Pending process. recognisances, indictments and all other process, civil or criminal, issued, sued out, commenced or pending, of which, if this act had never been passed, the judge of the western district would have had jurisdiction within the limits of the said district of Virginia, as defined by this act, shall be returned, entered and have day before, and be heard and determined by the judge of the district of Virginia, in the same manner and with the same validity and effect as they should have been returned, entered, heard and determined by the judge of the western district of Virginia, if this act had never been passed.
Ibid. § 3.
5. All the judicial proceedings of the court of the western district of Virginia had within the limits of the district of West Virginia, as fixed by the 1st section of this act, Former proceedsince the erection of West Virginia into a state, are hereby made and declared to be as ings confirmed. valid and binding as if this act had been passed contemporaneously with the act establishing the state of West Virginia, and said judicial proceedings had been under and by virtue of this act.
11 June 1864.
14 Stat. 369.
6. The terms of the circuit court for the district of West Virginia, heretofore held at 27 July 1866 1. Lewisburg, in the county of Greenbrier, shall be hereafter held at the city of Parkersburg, at the time now fixed by law.
I. CIRCUIT AND DISTRICT COURTS.
1. Terms of the circuit and district courts.
III. COLLECTION DISTRICTS.
13 Stat. 22.
7. Parkersburg, in the state of West Virginia, shall be and is hereby constituted a 11 Mar. 1864 ? 1. port of delivery, within the collection district of New Orleans; and there shall be appointed a surveyor of customs to reside at said port, who shall, in addition to his Parkersburg a own duties, perform the duties and receive the salary and emoluments prescribed by the act of congress, approved on the 2d of March 1831, for importing merchandise into Pittsburgh, Wheeling and other places.
port of delivery.
II. COLLECTION DISTRICTS. 2. District of Milwaukie enlarged.
I. CIRCUIT AND DISTRICT courts.
13 Stat. 199.
1. The terms of the circuit and district courts of the United States for said district 27 June 1864 5. of Wisconsin shall hereafter be held as follows: at the city of Milwaukie, in said district, on the second Monday of April and the second Monday of September, and at the city of Madison, in said district, on the first Monday of January in each year respect ively. And all writs, process and proceedings returnable to the terms of either of said courts, as now fixed by law, shall be deemed returnable, and shall be continued to the terms of said courts, respectively, as fixed by this act: Provided, That all executions, processes or orders issued from the district court of any district in this act mentioned, in cases transferred to the circuit court and in part executed, shall be regarded as having been issued from the circuit court to which each particular case is transferred, and shall be returned thereto; and no writ of execution or other final process or power exercised, or proceeding had, in accordance with law, to enforce any judgment or decree, shall be affected by reason of the transfer directed by this act.
Terms of the cir courts.
cuit and district
II. COLLECTION DISTRICTS.
13 Stat. 134.
2. All the territory, harbors and waters on the eastern shore of the state of Wiscon- 17 June 1864 § 4 sin, bordering on Lake Michigan, heretofore embraced in the district of Michilimackinac, and lying within the limits of the state of Wisconsin, shall be and the same are hereby attached to and made part of the collection district of Milwaukie, in the state of Wisconsin.
District of Milwaukie enlarged.
25 July 1868 2 1. 15 Stat. 178.
25 July 1868 ? 2. 15 Stat. 178.
Ibid. § 3.
When to act as governor.
25 July 1868 4.
15 Stat. 179. Constitution of the legislative assembly.
May be divided, United States and such Indians: Provided further, That nothing in this act contained
or attached to other states or territories.
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 time as congress shall deem convenient and proper, or from attaching any portion thereof to any other territory or state.
9. Supreme court. District courts. Jurisdiction. Justices of the peace. Clerks of district courts. Errors and appeals. Clerk of supreme court. Jurisdiction of supreme court of the United States. Federal jurisdiction. Habeas corpus. Precedence of causes. Fees of clerk.
10. District attorney. Marshal.
V. MISCELLANEOUS PROVISIONS.
12. Appointment of territorial officers. Oath of office. Salaries. Compensation of members of assembly, &c. Contingent ex
13. Seat of government.
14. Delegate to congress.
15. School lands.
16. Laws of the United States extended over.
17. Authority of laws of Dakota.
I. TERRITORIAL GOVERNMENT.
1. All that part of the United States described as follows: commencing at the intersection of the twenty-seventh meridian of longitude west from Washington with the forty-fifth degree of north latitude, and running thence west to the thirty-fourth meridian of west longitude, thence south to the forty-first degree of north latitude, thence east to the twenty-seventh meridian of west longitude, and thence north to the place of beginning, be and the same is hereby organized into a temporary government by the name of the territory of Wyoming: Provided, That nothing in this act shall be construed to impair the rights of person property now pertaining to the Indians in said territory, so long as such rights shall remain unextinguished by treaty between the
II. EXECUTIVE AUTHORITY.
2. The executive power and authority in and over said territory of Wyoming shall be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president of the United States, with the advice and consent of the senate. The governor shall reside within said territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws passed by the legislative assembly before they shall take effect, unless the same shall pass by a two-thirds vote as provided in section six of this act; 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 decision of the president can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said territory, and shall take care that the laws be faithfully executed.
3. There shall be a secretary of said territory, who shall reside therein and hold his office for four years, unless sooner removed by the president of the United States, with the consent of the senate; he shall record and preserve all the laws and the proceedings of the legislative assembly hereinafter constituted, and all acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings, on or before the first day of December in each year, to the president of the United States, and at the same time, two copies of the laws to the speaker of the house of representatives and the president of the senate for the use of congress; and in case of the death, removal, resignation or other necessary absence 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 absence, or until another governor shall be appointed to fill such vacancy.
III. LEGISLATIVE POWER.
4. The legislative power and authority of said territory shall be vested in the governor and legislative assembly. The legislative assembly shall consist of a council and house of representatives; the council shall consist of nine members, which may be increased to thirteen, having the qualifications of voters as hereinafter pre
scribed, whose term of service shall continue two years; the house of representatives 25 July 1868. shall consist of thirteen members, which may be increased to twenty-seven, possessing Council. the same qualifications as prescribed for members of the council, and whose term of House of represervice shall continue one year. An apportionment shall be made by the governor as nearly equal as practicable among the several counties or districts for the election of the council and house of representatives, giving to each section of the territory representation in the ratio of their population (excepting Indians not taxed,) as nearly as may be; and the members of the council and house of representatives shall reside in Residence. and be inhabitants of the districts for which they may be elected, respectively. Pre- Census. vious to the first election, the governor shall cause a census or enumeration of the inhabitants of the several counties or districts of the territory to be taken; and 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 he shall at the same time declare the number of the members of the council and house of representatives 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 duly elected to the council; 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 elected members of the house of representatives: Provided, That in case of a tie between two New election in or more persons voted for, the governor shall order a new election, to supply the va- case of a tie vote. cancy made by such tie vote. 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 holding and conducting elections by the people, and the Subsequent elecapportioning the representation in the several counties or districts to the council and house of representatives, according to the population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Provided, That no one session shall exceed the term of forty days, except Duration of ses the first, which may be extended to sixty days, but no longer.
5. Every male citizen of the United States, above the age of twenty-one years, and [including] persons who shall have declared their intention to become citizens of the Qualifications of United States, who shall have been a resident of the said territory at the time of the voters, &c. passage of this act, shall be entitled to vote at the first and all subsequent elections in the territory, and shall be eligible to hold any office in said territory. And the legislative assembly shall not at any time abridge the right of suffrage, or to hold office, on account of the race, color or previous condition of servitude of any resident of the territory Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States, and those who shall have declared on oath before a competent court of record their intention to become such, and shall have taken an oath to support the constitution and government of the United States.
6. The legislative power of the territory shall extend to all rightful subjects of legis- Ibid. 26. lation consistent with the constitution of the United States and the provisions of this Extent of legisla 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, nor shall any law be passed impairing the rights of private property, nor shall any unequal discrimination be made in taxing different kinds of property, but all property subject to taxation shall be taxed in proportion to its value. Every bill Veto power. which shall have passed the council and the house of representatives of said territory 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, who shall enter the objections 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 likewise 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, to be entered on the journal of each house, respectively. If any bill shall not be returned by the governor within five days (Sunday 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 assembly, by adjournment, prevent its return, in which
case it shall not be a law.
7. 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