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commissions shall continue in force until the end of the next session of Congress.
Sec. 4. And be it furthere nacted, That so much of the ordinance for the Government of the Territory of the United States Northwest 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 Illinois Territory, whenever satisfactory evidence shall be given to the Governor thereof that such is the wish of a majority of the freeholders, not withstanding 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 twentyone 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 several counties in the said Territory, agreeably to the number of free males of the age of twenty-one years and upwards, which they may respectively contain.
Sec. 5. And be it further enacted, That nothing in this act contained shall be construed so as in any manner to affect the government now in force in the Indiana Territory, further than to prohibit the exercise thereof within the Illinois Territory, from and after the aforesaid first day of March next.
Sec. 6. And be it further enacted, That all suits, process, and proceedings, which, on the first day of March next, shall be pending in the court of any county which shall be included within the said Territory of Illinois, and also all suits, process, and proceedings, which, on the said first day of March next, shall be pending in the general court of the Indiana Territory, in consequence of any writ of removal, or order for trial at bar, and which had been removed from any of the counties included within the limits of the Territory of Illinois aforesaid, shall, in all things concerning the same, be proceeded on, and judgments and decrees rendered thereon, in the same manner as if the said Territory had remained undivided.
Sec. 7. And be it further enacted, That nothing in this act contained shall be so construed as to prevent the collection of taxes which may, on the first day of March next, be due to the Indiana Territory on lands lying in the said Territory of Illinois.
Sec. 8. And be it further enacted, That until it shall be otherwise ordered by the Legislature of the said Illinois Territory, Kaskaskia, on the Mississippi river, shall be the seat of government for the said Illinois Territory.
Approved, February 3, 1809.
26. Election of Delegate to Congress and Legislative Councillors
February 27, 1809). By the act of February 27, 1809, the qualified eleetors of the Territory were authorized to elect the delegate to Congress, who had formerly been elected by the legislature. By the same aet, the people were empowered to eleet the members of the legislative couneil. These councillors had formerly been appointed by the President from a list of ten dominated by the Lower House.
[Annals, Tenth Congress, Second Session, 1821.) AN ACT extending the right of suffrage in the Indians Territory, and for
other purposes. Be it enacted, etc., That the citizens of the Indiana Territory entitled to vote for Representatives to the General Assembly thereof, shall, at the time of electing their Representatives to the said General Assembly, also elect one Delegate from the said Territory to the Congress of the United States, who shall possess the same powers heretofore granted to the Delegates from the several Territories of the United States, anything in the ordinance for the government of the said Territory to the contrary notwithstanding.
See. 2. And be it further enacted. That the sheriffs of the several counties, which now are, or may hereafter be establiebed in the said Territory, respectively, shall, within forty days next after an election for a Delegate to Congress transmit to tie Secretary of the Territory a certified copy of the returns from the several townships in their counties respectiveix. And it shall be the duty of the Governor, for the time being, to give to the person having the greatest number of votes, a certiscate of his election,
Sec. 3. And be it further enacted. That so soon as the Giorernor of the said Territory shall divide the same into tive districts, the citizens thereof entitled to vote for Representatives to the said General Assembly, shall, in each of the said districts, elect one member of the Legislative Council, who stall possess the same powers beretofore granted to the Legislative Counci in the said Territory, and shall hold tteir offices four years and no longer; anything in the ordinance for the government of the salu Territory to the contrary notwithstanding.
Sec. 4. And be it further enacted, That the General Assembly of the said Territory shall have power to apportion the Representatives of the several counties therein, or which may hereafter be established therein, according to the number of free white male inhabitants above the age of twenty-one years, in such counties; Provided, that there be not more than twelve, nor less than nine, of the whole number of Representatives, any act or acts to the contrary notwithstanding, until there shall be six thousand free male white inhabitants, above the age of twentyone years, in said Territory; after which time, the number of Representatives shall be regulated agreeably to the ordinance for the government thereof.
Approved, February 27, 1809.
27. Apportionment of Representatives and Vacancies in Office
(December 15, 1809).
(Annals, Eleventh Congress, Second Session, 2511.)
AN ACT supplemental to an act, entitled “AN ACT extending the right
of suffrage in the Indiana Territory, and for other purposes." Be it enacted, etc., That the Governor of the Indiana Territory, for the time being, be and he is hereby authorized and empowered to apportion the Representatives among the several counties in said Territory, as he shall think proper, having regard to the numhers limited in the fourth section of the act to which this is a supplement, and to issue his writ for the election of such Representatives agreeably to the apportionment which he may make, at such time as he shall deem most convenient for the citizens of the several counties in said Territory.
Sec. 2. And be it further enacted, That so soon as the Legislature of the said Territory shall be convened, the number of Representatives in each county thereof shall be regulated by the General Assembly.
Sec. 3. And be it further enacted, That when any vacancy shall occur in the Legislative Council, by death, resignation or removal from office, or when from either of said causes there shall be no Delegate from said Territory to the Congress of the United States, the Governor shall in either case be authorized to issue his proclamation, directing an election to be held to supply such vacancy according to law.
Approved, December 15, 1809.
28. Extension of Suffrage and Disqualification of Placemen as Leg
islators (March 3, 1811).
The qualifications for suffrage fixed by the Ordinance of 1787 were rendered more liberal by the act of February 26, 1808. (Document No. 22.) By virtue of the following act, all property qualifications were discontinued. In addition to the age, sex, race and residence qualifications, an elector was required to furnish evidence of having paid a county or Territorial tax. The practice of appointees of the Governor being candidates for the Legislature had aroused the serious opposition of a large element of the electorate and numerous petitions had been forwarded to Congress asking for the passage of a law prohibiting the practice. A provision designed to carry out this suggestion was incorporated in the act of March 3, 1811.
(Annals, Eleventh Congress, Third Session, 1347.]
AN ACT to extend the right of suffrage in the Indiana Territory, and for
other purposes. Be it enacted, etc., That each and every free white male person, who shall have attained the age of twenty-one years, and who shall have paid a county or Territorial tax, and who shall have resided one year in said Territory, previous to any general election, and be at the time of any such election a resident of said Territory, shall be entitled to vote for members of the Legislative Council and House of Representatives of the Territorial Legislature, and for a Delegate to the Congress of the United States for said Territory.
Sec. 2. And be it further enacted, That the citizens of the Indiana Territory, entitled to vote for Representatives to the General Assembly thereof, may, on the third Monday of April next, and on the third Monday of April biennially thereafter (unless the General Assembly of said Territory shall appoint a different day), elect one Delegate for said Territory to the Congress of the United States, who shall possess the same powers heretofore granted by law to the same.
Sec. 3. And be it further enacted, That each and every sheriff that now is or hereafter may be appointed in said Territory, who shall either neglect or refuse to perform the duties required by an act, entitled "An act extending the right of suffrage in the Indiana Territory, and for other purposes,'' passed in February, one thousand eight hundred and nine, shall be liable to a penalty of one thousand dollars, recoverable by action of debt, in any court of record within the said Territory, one-half for the use of the informer, and the other for the use of the Territory.
Sec. 4. And be it further enacted, That any person holding, or
who may hereafter hold, any office of profit from the Governor of the Indiana Territory, (justices of the peace and militia officers excepted), shall be ineligible to, and disqualified to act as a member of the Legislative Council or House of Representatives for said Territory.
Sec. 5. And be it further enacted, That each and every sheriff, in each and every county, that now is or hereafter may be established in said Territory, shall cause to be held the election prescribed by this act, according to the time and manner prescribed by the laws of said Territory and this act, under the penalty of one thousand dollars, to be recovered in the manner and for the use pointed out by the third section of this act.
Approved, March 3, 1811.
29. Residence Qualifications of Territorial Judges and Prohibition
of Practice of Law (December 18, 1812).
(Annals, Twelfth Congress, Second Session, 1315.)
AN ACT concerning the district and Territorial Judges of the United States.
Be it enacted, etc., That, hereafter, it shall be incumbent upon the district and territorial judges of the United States, to reside within the districts and territories, respectively, for which they are appointed; and that it shall not be lawful for any judge, appointed under the authority of the United States, to exercise the profession or employment of counsel or attorney, or to be engaged in the practice of the law. And any person offending against the injunction or prohibition of this act, shall be deemed guilty of a high misdemeanor.
Approved, December 18, 1812.
30. Creation of Offices of United States Attorney and United States
Marshal (February 27, 1813).
[Annals, Twelfth Congress, Second Session, 1335.]
AN ACT authorizing the appointment of additional officers in the respec
tive Territories of the United States. Be it enacted, etc., That there shall be appointed in the respective Territories of the United States a person learned in the law, to act as Attorney of the United States, who shall, besides the usual fees of office, receive an annual salary of two hundred and fifty dollars, payable quarter-yearly, at the Treasury of the