8 March 1849. 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.

Ibid. 28. Disqualifications of members.

Ibid. 2 20. Mode of passing bills.

3 March 1849 9. 9 Stat. 406.

Supreme court.

Jurisdiction.

Justices of the peace.

Equity.

Clerks. Errors and appeals.

8. No member of the legislative assembly shall hold or be appointed 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 legislative assembly, or shall hold any office under the government of said territory.

9. 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.

IV. JUDICIARY.

10. The judicial power of said territory shall be vested in a supreme court, district courts, probate courts and in justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said territory annually; and District courts they shall hold their offices during the period of four years.(a) The said territory shall be divided into three judicial districts, and a district court shall be held in each of said districts by one of the justices of the supreme court, at such times and places as may be prescribed by law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, That the justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars. And the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction. Each district court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception and appeals shall be allowed in all cases from the final decisions of said district courts to the supreme court, under such regulations as may prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court, or the justices thereof, shall appoint its own clerk, and every clerk shall hold his office at Jurisdiction of the pleasure of the court for which he shall have been appointed. Writs of error and supreme court of appeals from the final decisions of said supreme court shall be allowed, and may be taken to the supreme court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars. And each of the said district courts shall have and exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States, as is vested in the circuit and disTrial of federal trict courts of the United States. And the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws; and writs of error and appeal in all such cases shall be made to the supreme court of said territory, the same as in other cases. The said clerk shall receive, in all such cases, the same fees which the clerks of the district courts of the late Wisconsin territory received for similar services.

the United States.

Circuit court powers.

canses.

Fees of clerks.

Ibid. 10.

District attorney.

Marshal.

11. There shall be appointed an attorney for said territory, who shall continue in office for four years, unless sooner removed by the president; and who shall receive the same fees and salary as the attorney of the United States for the late territory of Wisconsin received. There shall also be a marshal for the territory appointed, who shall hold his

(a) See United States v. Guthrie, 17 How. 284.

office for four years, unless sooner removed by the president, and who shall execute all 3 March 1849. processes issuing from the said courts, when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be entitled to the same fees, as the marshal of the district court of the United States for the late territory of Wisconsin; and shall, in addition, be paid two hundred dollars annually as a compensation for extra services.

12. Temporarily, and until otherwise provided by law, the governor of said territory may define the judicial districts of said territory, and assign 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 districts and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient.

Ibid. 19.

Judicial districts.

11 Stat. 220.

13. The judges of the supreme court in the territory of Minnesota are hereby autho- 3 March 1857 2 9. rized to hold court within their respective districts in the counties wherein, by the laws of said territory, courts have been or may be established: Provided, The expenses thereof Judges may hold shall be paid by such counties respectively.

V. LANDS AND LAND OFFICES.

court in the several counties.

9 Stat. 408.

14. When the lands in the said territory shall be surveyed under the direction of the 3 March 1849 3 18. 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 Reservations for same are hereby reserved, for the purpose of being applied to schools in said territory and in the states and territories hereafter to be erected out of the same.(a)

schools.

10 Stat. 40. Sauk River dis'trict.

15. So much of the public lands of the United States, in the territory of Minnesota, (b) 30 Aug. 1852 3 1. east of the Mississippi river, and west of the range line between ranges twenty-seven and twenty-eight west, and that portion west of the Mississippi river in said territory, lying north of the nearest township line where the above-mentioned range line intersects the east bank of the Mississippi river, be formed into a land district, to be called the Sauk River district; the land office for which shall be located at such point as the president may direct, and shall be removed from time to time, to other points within said district, whenever in his opinion it may be expedient. (c)

Ibid. § 2.

16. That the president be and he is hereby authorized to appoint, by and with the advice and consent of the senate, a register and receiver for said district, who shall Register and rerespectively be required to reside at the site of said office, and who shall have the same ceiver. powers, perform the same duties, and be entitled to the same compensation, as are or may be prescribed by law in relation to other land offices of the United States.

10 Stat. 257.

17. In those townships and fractional townships in the territory of Minnesota where 3 March 1853 ? 1. sections numbered sixteen and thirty-six, or either of them, directed to be reserved for school purposes by the eighteenth section of the act approved 3d of March 1849, entitled School lands in place of fractions, "An act to establish the territorial government of Minnesota," shall be found fractional &c. in quantity; and in those or fractional townships where no section sixteen or thirty-six shall be found therein; there shall be reserved and appropriated other land for such school purposes, to make up, in the first case, the deficiency in the quantity of said fractional sections sixteen and thirty-six, or either of them, and to give, in the second case, an equivalent for the loss of either or both said sections: Provided, That the mode and How selected. manner of selection and approval in both cases, and the quantity selected in the second case, shall be in accordance with the principles settled by the act approved 20th May 1826, entitled "An act to appropriate lands for the support of schools in certain townships and fractional townships not before provided for."

10 Stat. 274.

18. For the sale of the public lands to which the Indian title has been extinguished by 12 April 1854 21. the recent treaties, or which may hereafter be extinguished within their limits in the Minnesota territory west of the Mississippi river, there is hereby created four additional land districts, bounded as follows, to wit: all that portion situated between the northern Root River dis boundary of the state of Iowa, and the line which divides townships one hundred and trict. five and one hundred and six of the fifth principal meridian, and extending from the Mississippi to the Big Sioux rivers, shall comprise one of said districts, to be called the Root River district. All that portion lying between the township line last mentioned, Winona district. and the line dividing townships one hundred and ten, and one hundred and eleven, and

(a) See act 19 February 1851, to authorize the legislative assemblies of the territories of Oregon and Minnesota, to take charge of the school lands in said territories, and for other purposes. 9 Stat. 568. And act 3 March 1857, providing for the selection of other sections in lieu of such as may have settled under preemption rights, or have been appropriated for town sites. 11 Stat. 254.

(b) See act 3 March 1847, (9 Stat. 179), creating the Chippewa Jand district; the land office wherein was, by act 2 March 1819,

(9 Stat. 351), removed from the Falls of St. Croix to Stillwater, in the county of St. Croix, in Minnesota.

(c) By act 3 March 1857, it is made the duty of the secretary of the interior, to cause the office of the surveyor-general north-west of the Ohio, to be removed to the city of Saint Paul in Minnesota, and, when so removed, the duties of the surveyor-general are to be co-extensive with the limits of the future state of Minnesota. 11 Stat. 212.

12 April 1854. Led Wing district.

trict.

between said rivers, shall constitute another of said districts, to be called the Winona district. All that portion situated north of the district last mentioned, and south of the line which divides townships one hundred and fifteen and one hundred and sixteen, and between the rivers above mentioned, except the townships recently surveyed west of the Mississippi river from the fourth principal meridian, to include the reservation at Fort Snelling, (the whole of which townships shall be attached to and constitute a part of the Minneapolis district) shall constitute a third district, to be designated the Red Wing Minneapolis dis district. And all that portion situated north of the limits last described, south of the line dividing townships one hundred and twenty and one hundred and twenty-one, between the Mississippi river and the treaty line which runs from the Big Sioux river to Lake Travers, together with all the fractional townships one hundred and twenty-one situated east of the range line dividing ranges twenty-four and twenty-five west, shall comprise the fourth district, to be known as the Minneapolis district. And all the residuary portion of said lands situated north of the line which divides townships one hundred and twenty and one hundred and twenty-one, and west of range twenty-four west of the fifth principal meridian, and west of the Mississippi river, extending to the drift-wood and the Red River of the North, shall be and is hereby attached to the district of lands subject to sale at Sauk Rapids.

Sank River dis trict enlarged.

4 Aug. 1854 1. 10 Stat. 576.

19. The provisions of the pre-emption act of 4th September 1841, and the acts amendatory thereof, shall be extended to the lands in Minnesota territory, whether surPreemption law veyed or not; but in all cases where pre-emption is claimed on unsurveyed lands the lands whether settler shall file his declaratory statement, within three months after the survey has been surveyed or not. made and returned, and make proof and payment before the day appointed by the presi

extended to

8 July 1856 L 11 Stat. 26.

dent's proclamation for the commencement of the sale of the lands, including the tract claimed: Provided however, That if, when said lands are surveyed, it is found that two or more persons have settled upon the same quarter-section, each shall be permitted to enter his improvement, as near as may be, by legal subdivisions.

20. The words “west of the Mississippi river," employed in the description in the first section of the act of 12th April 1854, entitled "An act to establish additional land Act of 1854 to in- districts in the territory of Minnesota," shall be construed so as to embrace all the west of the mid- islands lying west of the middle of the main channel of said river, in the new districts created west of the same by said act.

clude islands,

dle of the Mis

sissippi.

9 Stat. 510.

Minnesota district.

VI. COLLECTION DISTRICTS.

28 Sept. 1850 3 S. 21. All that part of the territory of the United States lying north of the northern boundary line of the states of Wisconsin and Iowa, and east of the Rocky Mountains, is hereby created a collection district, to be called the Minnesota district, whereof Pembina shall be the port of entry. And a collector shall be appointed who shall give the usual bond required of such officers, and who shall be entitled to a salary of twelve hundred dollars per annum, and who shall not receive any other compensation whatever in the shape of extra allowance or fees of any description whatever.

Pembina a port of entry. Collector.

Ibid. 29. 22. The secretary of the treasury is hereby authorized, at his discretion, to appoint a Deputy collector. deputy collector or an inspector of the customs for said district, at a rate of compensation not to exceed three dollars per day when he is employed.

3 March 1849 311. 9 Stat. 407.

Appointment of judicial officers.

executive and

Oath of office.

Sa.aries.

VII. MISCELLANEOUS PROVISIONS.

23. 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 aforesaid, 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 certificate shall be received and recorded by the said secretary among the executive proceedings. And the chief justice and associate 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 affirmation shall be certified and transmitted by the person taking the same, to the secretary, to be by him recorded as aforesaid; and afterwards, the like oath or affirmation shall be taken, certified and reorded in such manner 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 3 March 1849. 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 during their attendance at the sessions thereof, and three dollars each for every twenty miles travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route. There shall be appropriated, annually, the sum of one thousand dollars, to be expended by the Contingent exgovernor to defray the contingent expenses of the territory; and there shall also be appropriated annually, a sufficient sum to be expended by the secretary of the territory, (a) and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, (b) the printing of the laws, and other incidental expenses ; (c) and the secretary of the territory shall annually account to the secretary of the treasury of the United States for the manner in which the aforesaid sum shall have been expended.

penses.

auts.

Ibid. 12.

24. The inhabitants of the said territory shall be entitled to all the rights, privileges and immunities heretofore granted and secured to the territory of Wisconsin and to its Laws, and privi inhabitants. And the laws in force in the territory of Wisconsin at the date of the admis- leges of inhabitsion of the state of Wisconsin shall continue to be valid and operative therein, so 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 provision thereof, may be applicable.

Ibid. 13.

25. 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 seat of governand establish a temporary seat of government for said territory, at such place as they ment. 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

may

the people. And the sum of twenty thousand dollars, out of any money in the treasury Public buildings not otherwise appropriated, is hereby appropriated and granted to said territory of Minnesota, to be applied, by the governor and legislative assembly, to the erection of suitable public buildings at the seat of government.

Ibid. 14.

26. 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 legis- Delegate in con lative assembly, who shall be entitled to the same rights and privileges as are exercised gress. 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 subsequent elections, the times, places and manner of holding the elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly. 27. That the annual salaries of the chief justice and associate judges of the territory 27 July 1854 3 2. of Minnesota be increased to two thousand dollars.

(a) He is not entitled to a commission on such disbursements. United States v. Smith, 5 Am. L. R. 269.

(b) By act 19 February 1851, the legislative assembly are authorized, during their sessions, to employ one clerk for each branch thereof, whose pay per diem shall be the same as is provided by law to be paid to other clerks of said legislative assembly. 9 Stat.

567. See tit. "Territories,” 9.

10 Stat. 312.

(c) The words "other incidental expenses," must be restricted to such expenses as were incidental to the legislative assembly and the printing of the laws. United States v. Smith, 5 Am. L. R. 269.

2 April 1792 1.

40. How silver coin to be paid out.

41. No deposits of silver bullion to be received for coinage. 42. Bullion may be cast into ingots. Charge therefor.

43. Charge for casting into ingots.

44. Amount of bullion received for refining to be gradually decreased.

45. Profits to be paid into the treasury.

III. STANDARD WEIGHTS.

46. Standard troy pound.

47. Series of standard weights to be produced. To be annually tested. IV. BRANCHES OF THE MINT.

48. Branch mints established.

49. Officers to be appointed. Clerks and workmen. Salaries. 50. Oath of office.

Bonds.

51. Powers of the director of the mint.

52. Laws regulating the mint, &c., to apply to the branches.

53. Officers at New Orleans. Salaries.

54. Repealing section.

55. Duties of melter and refiner transferred to coiner at Dahlo nega and Charlotte.

56. Before whom oath of office may be taken.

57. Treasurers to appoint their own clerks. Subject to approval of secretary.

58. Branch in California.

59. Appointment of officers. Salaries.

60. Oath. Bonds.

61. Powers of the director of the mint.

62. Laws regulating the mint, &c., to apply to this branch.

63. To be the depository of the public moneys. Duties and liabilities of treasurer.

64. Gold to be refined and cast into ingots. Charges.

65. Pay of clerks at New Orleans may be increased.

V. ASSAY OFFICE.

66. Assay office in New York. Officers' compensation. 67. Bullion may be received and refined. Certificate therefor to be issued. To be cast into ingots. When to be transferred to the mint for coinage. Secretary to prescribe regulations. 68. Powers of director of the mint.

69. Laws regulating the mint, &c., to apply to this office. 70. Charges for refining, &c.

71. Buildings to be procured. And machinery.

I. OFFICERS OF THE MINT.

1. That a mint for the purpose of a national coinage be and the same is established; 1 Stat. 246. to be situate and carried on at the seat of the government of the United States, for the Mint established. time being.

19 May 1828 1. 4 Stat. 277.

2. That the act, entitled "An act concerning the mint," approved March the 3d 1801,(a) be and the same hereby is revived and continued in force and operation, until other At Philadelphia. wise provided by law.

18 Jan. 1837 1. 5 Stat. 136.

3. The officers of the mint of the United States shall be a director, a treasurer, an assayer, a melter and refiner, a chief coiner and an engraver, to be appointed by the Appointment of president of the United States, by and with the advice and consent of the senate. 4. The respective duties of the officers of the mint shall be follows:

otheers.

Ibid. 2, cl. 1. Duties of the director.

Ibid. cl. 2

Duties of the treasurer.

First. The director shall have the control and management of the mint, the superintendence of the officers and persons employed therein and the general regulation and supervision of the business of the several branches. And in the month of January of every year he shall make report to the president of the United States of the operations of the mint and its branches for the year preceding; and also to the secretary of the treasury, from time to time, as said secretary shall require, setting forth all the operations of the mint subsequent to the last report made upon the subject.

5. Second. The treasurer shall receive and safely keep all moneys which shall be for the use and support of the mint; shall keep all the current accounts of the mint, and pay all moneys due by the mint, on warrants from the director; he shall receive all bullion brought to the mint for coinage; shall be the keeper of all bullion and coin in "the mint, except while the same is legally placed in the hands of other officers; and shall, on warrants from the director, deliver all coins struck at the mint to the persons to whom they shall be legally payable. And he shall keep regular and faithful accounts of all the transactions of the mint, in bullion and coins, both with the officers of the mint and the depositors; and shall present, quarter-yearly, to the treasury department of the United States, according to such forms as shall be prescribed by that department, an account of the receipts and disbursements of the mint, for the purpose of being adjusted and settled.

(a) 2 Stat. 111. This act directed that the mint should remain in the city of Philadelphia until 4 March 1803.