« AnteriorContinuar »
dent: And whenever a bill, order, resolution or vote, shall be returned by the president with his objections, and shall, on being reconsidered, be agreed to be passed, and be approved by two thirds of both houses of congress, and thereby become a law or take effect, it shall, in such case, be received by the said secretary from the president of the senate, or the speaker of the house of representatives, in whichsoever house it shall have been so approved. And the said secretary shall carefully preserve the originals, and shall cause the same to be recorded in books to be provided for the purpose.
6. Sect. III. The seal heretofore used by the united states in congress assembled, shall be, and hereby is declared to be the seal of the united states.
7. Sect. IV. The said secretary shall keep the said seal, and shall make out and record, and shall aslix the said seal to all civil commissions, to officers of the united states, to be appointed by the president by and with the advice and consent of the senate, or by the president alone. Provided, That the said seal shall not be affixed to any commis. sion, before the same shall have been signed by the president of the united states, nor to any other instrument or act, without the special warrant of the president therefor.
8. Sect. V. The said secretary shall cause a seal of office to be made for the said department, of such device as the president of the united states shall approve ; and all copies of records and papers in the said office, authenticated under the said seal, shall be evidence equally as the original record or paper.
9. Sect. VI. There shall be paid to the secretary, for the use of the united states, the following fees of office, by the persons requiring the services tobe performed, except when they are performed for any officer of the united states, in a matter relating to the duties of his office, to wit : For making out and authenticating copies of records, ten cents for each sheet, containing one hundred words ; for authenticating a copy of a record or paper under the seal of office, twenty-five cents.
RESOLUTION of September 23, 1789. (Vol. I. p. 362.) 10. It shall be the duty of the secretary of state, to procure from time to time such of the statutes of the several states as may not be in his office.
ACT of June 4, 1790. (Vol. I. p. 125.) 11. The more effectually to do and perform the duties in the department of state, the secretary of the said department shail be, and is hereby authorized to appoint an additional clerk in his office, who shall be allowed an equal salary, to be paid in the same inanner as is allowed by law to the chief clerk. [See Public Officers 11.]
RESOLUTION of June 14, 1790. (Vol. I. p. 271.) 12. All treaties made, or which shall be made and promulged under the 'trority of the united states, shall, from time to time, be published and adesed to their code of larys, by the secretary of state.
ACT of February 13, 1795. (Vol. III. p. 166.) 13. In case of vacancy in the office of secretary of state, secretary of the treasury, or of the secretary of the department of war, or of any officer of either of the said departments, whose appointment is not in the head thereof, 'whereby they cannot perform the duties of their said respective offices ; it shall be lawful for the president of the united states, in case be shall think it necessary, to authorize any person or persons, at his discretion, to perform the duties of the said respective offices, until a successor be appointed, or such vacancy be filled : Provided, That no one vacancy shall be supplied, in manner aforesaid, for a longer term than six months.
(See Laws. Militia 3. Mint 18. Patents. Post Office and Post Roads 19, 20. President 4, 10. Public Officers 2, 11, 17. Seamen 11, 12, 13, 14. Ships or Vessels 69. Territory 3,7.]
Territory north wel of the river Ohio I Certain suits revived
ib. Bound.iries thereof
18 Laws, how published and diffributed 3 Convention to be formed
19 Power of governor and juriges
Which shall determine the expediency, &*c.20 Duties of the secretary
Conftitution to be republican One fupreme judge may hold court
One representative in congress 21 Secretary of Aate to provide feals
Certain propofitions offered to convention 22 Limitation adi disapproved
Proviro Divided into two governments
Millipippi teritory Boundary of the new territory
Prefilent to appoint officers, &C. Called the Indiana territory
May be divided into two difricts Form of government, c'c.
Right of Georgia, &c. faved Powers, duties and compensations of offia People entitled to certain rights, &c. cers
Penalty on importation of faves Provis
Appropriation Genei al afsembly organized
General affimbly organized Pravijo
Saving the rights of Georgia and of a!!' Corftru&tion of this act
ib. Tíme of meeting of the general offembly 31 Seats of the tuo governments 14 | Adjournment thercof
32 ACT of August 7, 1789. (Vol. I. p. 32.) 1. Sect. I. Whereas, in order that the ordinance* of the united states in congress assembled, for the government of the territory northwest of the river Ohio may continue to have full effect, it is requisite that certain provisions should be made, so as to adapt the same to the present constitution of the united states, it is enacted, That in all cases
* See Appendix, page 137.
in which by the said ordinance, any information is to be given, or communication made by the governor of the said territory to the united states in congress assembled, or to any of their officers, it shall be the duty of the said governor to give such information and to make such communication to the president of the united states ; and the president shall nominate, and by and with the advice and consent of the senate, shall appoint all officers which by the said ordinance were to have been appointed by the united states in congress assembled, and all officers so appointed, shall be commissioned by him : And in all cases where the united states in congress assembled, might, by the said ordinance, revoke any commission or remove from any office, the president is hereby declared to have the same powers of revocation and removal.
2. Sect. II. In case of the death, removal, resignation, or necessary absence of the governor of the said territory, the secretary thereosshall be, and he is hereby authorized and required to execute all the powers, and perform all the duties of the governor, during the vacancy occasioned by the removal, resignation or necessary absence of the said governor.
ACT of May 8, 1792. (Vol. II. p. 125.) 3. SECT. I. The laws of the territory north-west of the river Ohio, that have been or hereafter may be enacted by the governor and judges thereof, shall be printed under the direction of the secretary of state, and two hundred copies thereof, together with ten sets of the laws of the united states, shall be delivered to the said governor and judges, to be distributed among the inhabitants for their information, and a like number of the laws of the united states shall be delivered to the governor and judges of the territory south-west of the river Ohio.
4. SECT. II. The governor and judges of the territory north-west of the river Ohio, shall be, and hereby are authorized to repeal their laws by them made, whensoever the same may be found to be improper.
5. SECT. III. The official duties of the secretaries of the said territories shall be under the control of such laws, as are or may be in force in the said territories.
6. Sect. IV. Any one of the supreme or superior judges of the said territories, in the absence of the other judges, shall be, and hereby is authorized to hold a court.
7. Sect. V. The secretary of state shall provide proper seals for the several and respective public offices in the said territories.
8. Sect. VI. The limitation act, passed by the governor and judges of the said territory, the twenty-eighth day of December, one thousand seven hundred and eighty-eight, shall be, and hereby is disapproved.
Sect. VII. is private.
Note. Whatever relates to the territory south-west of the river Ohio,
is considered as obsolete, that territory having since become the state of Tennessee. See United States, 6.
, ACT of May 7, 1800. (Vol. V. p. 139.) 9. Sect. I. From and after the fourth day of July next, all that part of the territory of the united states north-west of the Ohio river, which lies to the westward of a line beginning at the Ohio, opposite to the mouth of Kentucky river, and running thence to fort Recovery, and thence north until it shall intersect the territorial line between the united states and Canada, shall, for the purposes of temporary government, constitute a separate territory, and be called the Indiana territory.
10. Sect. II. There shall be established within the said territory a government in all respects similar to that provided by the ordinance of congress, passed on the thirteenth day of July one thousand seven hundred and eighty-seven, for the government of the territory of the uni. ted states north-west of the river Ohio ; and the inhabitants thereof shall be entitled to, and enjoy all and singular the rights, privileges and advantages granted and secured to the people by the said ordinance.
11. Sect. III. The officers for the said territory, who by virtue of this act shall be appointed by the president of the united states, by and with the advice and consent of the senate,' shall respectively exercise the same powers, perform the same duties, and receive for their services the same compensations as by the ordinance aforesaid and the laws of the united states, have been provided and established for similar officers in the territory of the united states north-west of the river Ohio: And the duties and emoluments of superintendent of Indian affairs shall be united with those of governor : Provided, That the president of the united states shall have full power, in the recess of con. gress, to appoint and commission all officers herein authorized ; and their commissions siiali continue in force until the end of the next session of congress.
12. Sect. IV. So much of the ordinance for the government of the territory of the united states north-west of the Ohio river, as relates to the organization of a general assembly therein, and prescribes the powers thereof, shall be in force and operate in the Indiana territory, whenever satisfactory evidence shall be given to the governor thereof, that such is the wish of a majority of the freeholders, notwithstanding there may not be therein five thousand free male inhabitants of the age of twenty-one years and upwards : Provided, That until there shall be five thousand free male inhabitants of twenty-one years and upwards in said territory, the whole number of representatives to the general assembly shall not be less than seven, nor more than nine,to be apportioned by the governor to the sereral counties in the said territory, agree. ably to the number of free males of the age of lwenty-one years and upwards which they may respectively contain.
13. Sect. V. Nothing in this act contained shall be construed so as in any manner to affect the government now in force in the territory of the united states north-west of the Ohio river, further than to prohibit the exercise thereof within the Indiana territory, from and after the aforesaid fourth day of July next : Provided, That whenever that part of the territory of the united states which lies to the eastward of a line beginning at the mouth of the Great Miami river, and running thence
due north to the territorial line between the united states and Canada, shall be erected into an independent state, and admitted into the union on an equal footing with the original states, thenceforth said line shall become and remain permanently the boundary line between such state and the Indiana territory ; any thing in this act contained to the contrary notwithstanding.
14. Sect. VI. Until it shall be ctherwise ordered by the legisla. tures of the said territories respectively, Chilicothe, on the Scioto river, shall be the seat of the government of the territory of the united states north-west of the Ohio river; and Saint Vincennes on the Wabash river, shall be the seat of the government for the Indiana territory,
ACT of March 2, 1801. (Vol. V. p. 274.) 15. All suits, and process and proceedings, which on the third day of July one thousand eight hundred, were pending in any court of either of the counties, which by the act entitled, “ An act to divide the territory of the united states north-west of the Ohio, into two separate governments,” has been included within the Indiana territory ; and all suits, process and proceedings, which, on the aforesaid third day of July, were pending in the general court of the territory of the united states north-west of the Ohio, in consequence of any writ of removal or order for trial at bar, had been removed from either of the counties now within the limits of the indiana territory aforesaid, shall be and they are hereby revived and continued ; and the same proceedings, before the rendering of final judgment and thereafter, may and shall be had, in the same courts, in all suits and process aforesaid, and in all things concerning the same, as by law might have been had in case the said territory of the united states north-west of the Ohio had remain. ed undivided.
ACT of April 30, 1802. (Vol. VI. p. 120.) 16. Sect. I. The inhabitants of the eastern division of the territory north-west of the river Ohio, shall be, and they are hereby authorized to form for themselves a constitution and state government, and to as. sume such name as they shall deem proper, and the said state, when formed, shall be admitted into the union, upon the same footing with the original states, in all respects whatevere
17. Sect. II. The said state shall consist of all the territory includ. ed within the following boundaries, to wit: Bounded on the cast by the Pennsylvania line, on the south by the Ohio river, to the mouth of the Great Miami river, on the west by the line drawn due north from the mouth of the Great Miami aforesaid, and on the north by an east and west line, drawn through the southeriy extreme of Lake Michigan, running east after intersecting the due north line aforesaid, from the mouth of the Great Miami, until it shall intersect Lake Erie, or the territorial line, and thence with the same through Lake Erie to the Pennsylvania line, aforesaid : Provided, That congress shall be at liber. ty at any time hereafter, either to attach all the territory lying east of the line to be drawn due north from the mouth of the Miami aforesaid, to the territorial line, and north of an east and west line drawn through