an election, and who shall have paid a county or territorial tax, shall be entitled to vote at such election for a delegate to the Congress of the United States, in such manner, and at such times and places, as shall be prescribed by the governor and judges of said territory.

SEC. 3. And be it further enacted, That the person, duly qualified according to law, who shall receive the greatest number of votes at such election, shall be furnished, by the governor of said territory, with a certificate, under his official seal, setting forth that he is duly elected, by the qualified electors, the delegate from said territory to the Congress of the United States, for the term of two years from the date of said certificate, which shall entitle the person to whom the same shall be given to take his seat in the House of Representatives in that capacity.

Approved, February 16, 1819.

-Reprinted from U. S. Statutes at Large, Vol. III., p. 482.

AN ACT TO PROVIDE FOR THE APPOINTMENT OF AN ADDITIONAL JUDGE FOR THE MICHIGAN TERRITORY, AND FOR

OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That there shall be appointed an additional judge for the Michigan territory, who shall possess and exercise within the counties of Michilimackinac, Brown, and Crawford, in the territory aforesaid, as said counties are now defined and established, or may be hereafter defined and established, the jurisdiction and power heretofore possessed and exercised by the supreme court of the said territory, and by the county courts of said counties respectively, within the said counties, and to the exclusion of the original jurisdiction of the said supreme court: and the jurisdiction of the said court, hereby established, shall be concurrent with the said county courts; but in all suits, either at

law or in equity, appeals shall be allowed from the decisions of the said county courts to the court established by this act, in the same manner as is provided for appeals from said courts to the supreme court of said territory; Provided, always, That the said supreme court shall have full power and authority to issue writs of error to the court established by this act, in all civil causes, and to hear and determine the same when sitting as a supreme court of the territory, according to the constitution and laws of the United States, and to the statutes adopted and published by the governor and judges of said territory:

SEC. 4. And be it further enacted, That the court established by this act shall hold one term in each of the counties aforesaid, yearly, at the following times and places, to-wit: at Prairie du Chien, on the second Monday in May; at Green Bay, on the second Monday in June; and at Mackinac, on the third Monday in July, in each and every year;

-Reprinted from U. S. Statutes at Large, Vol. III., p. 722.

AN ACT TO AMEND THE ORDINANCE AND ACTS OF CONGRESS FOR THE GOVERNMENT OF THE TERRITORY OF MICHIGAN, AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That all the citizens of the United States, having the qualifications prescribed by the act, entitled "An act authorizing the election of a delegate from the Michigan territory to the Congress of the United States, and extending the right of suffrage to the citizens of said territory," approved February the sixteenth, eighteen hundred and nineteen, shall be entitled to vote at any public election in the said territory, and shall be eligible to any office therein.

SEC. 2. And be it further enacted, That the same powers which were granted to the governor, legislative council, and House of Representatives, of the North-western territory, by the ordinance of Congress, passed on the thirteenth day of July, seventeen hundred and eighty-seven, and which powers are transferred to the territory of Michigan by the act, entitled "An act to divide the Indiana territory into two separate governments,” approved January the eleventh, eighteen hundred and five, are hereby conferred upon, and shall be exercised by the governor and a legislative council: which council shall consist of nine persons, any five of whom shall be a quorum, and who shall serve for the term of two years, and be appointed as follows, to-wit: At the next election of the delegate to Congress from the said territory, after the passing of this act, the qualified electors shall choose, by ballot, eighteen persons, having the qualifications of electors; and such election shall be conducted, certified, and the result declared, agreeably to the territorial law prescribing the mode of electing such delegate. But the time and manner of electing the members of the legislative council shall, after the first election, be prescribed by the legislature of the said territory; and the names of the eighteen persons, having the greatest number of votes, shall be transmitted by the governor of the said territory, to the President of the United States, who shall nominate, and, by and with the advice and consent of the Senate, appoint therefrom, the said legislative council; and vacancies occurring in the said council shall be filled in the same manner, from the list transmitted as aforesaid: And the President shall have power, in the recess of the Senate, to make the appointments authorized by this act; but all appointments, so made, shall be submitted to the Senate at their next session, for confirmation. The first legislative council shall be assembled at such time and place as the governor shall, by proclamation, designate. No session, in any one year, shall exceed the term of sixty days, nor shall any act passed by the governor and legislative council be valid, after the same shall have been disapproved by Congress. The

members of the legislative council shall receive two dollars each, per day, during their attendance at the sessions thereof, and two dollars for every twenty miles in going to, and returning therefrom, in full compensation for their services, and which shall be paid by the United States: Provided, That nothing herein contained shall be construed to affect the right of the citizens of said territory to elect a delegate to Congress;. and the duties required of the govenor | governor] and judges by the act referred to in the first section of this act, shall be performed by the govenor [governor] and legislative council.

SEC. 3. And be it further enacted, That the powers and duties of the judges of the said territory shall be regulated by such laws as are, or may be, in force therein; and the said judges shall possess a chancery, as well as common law, jurisdiction. The tenure of office of the said judges shall be limited to four years: and on the first day of February, one thousand eight hundred and twenty-four, and every four years thereafter, the office of each of the said judges shall become vacant: Provided, That nothing in this act contained shall be so construed as to deprive the judges of the territory of the jurisdiction conferred upon them by the laws of the United States. SEC. 4. And be it further enacted, That the legislature shall have power to submit, at any time, to the people of the said territory, the question, whether a general assembly shall be organized agreeably to the provisions of the ordinance aforesaid; and, if a majority of the qualified electors shall be in favor of such organization, then the powers vested by this act in the legislative council shall cease and determine, and a general assembly shall be organized, in conformity with the said ordinance, subject to the following provision: The govenor [governor] of the said territory shall divide the same into five districts, and the qualified voters in each district shall elect one member of the legislative council, which shall possess the same powers heretofore granted to the legislative council of the North-western territory; and the members of the council shall hold their offices four years; and until there shall be five

thousand free white 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 govenor [governor] to the several counties in the said territory, agreeably to the number of free white males above the age of twenty-one years, which they may contain: but after the organization of the general assembly, the apportionment of the representation shall be made by such assembly: Provided, That there shall not be more than twelve, nor less than seven, of the whole number of representatives, until there shall be six thousand free white male inhabitants, above the age of twenty-one years; after which, the number of representatives shall be regulated agreeably to the ordinance aforesaid.

SEC. 5. And be it further enacted, That the govenor [governor] of the said territory shall have power to grant pardons for offences against the laws of the said territory, and reprieves for those against the United States, until the decision of the President theron [thereon] shall be made known. SEC. 6. And be it further enacted, ordinance aforesaid, and laws of the inconsistent with the provisions of this act, be, and the same are hereby, as respects this territory of Michigan repealed.

That, so much of the United States, as are

SEC. 7. And be it further enacted, That from and after the first day of June next, there shall be but one clerk of the supreme court of the territory of Michigan, who shall perform all the duties of clerk of said court, whether sitting as a circuit and district court, or as judges of the territorial court.

SEC. 8. And be it further enacted, That the accounting officers of the treasury shall settle and adjust the accounts of John J. Deming, making him a reasonable allowance for his services as clerk of said district and circuit court, up to the first day of June next, and that the same be paid out of any money in the treasury, not otherwise appropriated.

Approved, March 3, 1823.

-Reprinted from U. S. Statutes at Large, Vol. III., p. 769.