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March, one thousand eight hundred and two, intituled “An act to regulate trade and intercourse with the Idnian tribes, and to preserve peace on the frontiers,” is hereby extended to the territories erected and established by this act; and the sum of fifteen thousand dollars of any money in the treasury not otherwise appropriated by law, is hereby appropriated to enable the President of the United States to effect the object expressed in this section.
Sec. 16. The act, passed on the thirty-first day of October, one thousand eight hundred and three, intituled " An act to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris, on the thirtieth day of April last, and for the temporary government thereof,” shall continue in force until the first day of October next, anything therein to the contrary notwithstanding; on which said first day of October, this act shall commence, and have full force, and shall continue in full force for and during the term of one year, and to the end of the next session of Congress which may happen thereafter. Approved, March 26, 1804. - Reprinted from U. S. Statutes at Large, Vol. II., p. 283.
LAWS ENACTED BY THE GOVERNOR AND JUDGES OF THE TERRITORY OF INDIANA
FOR THE DISTRICT OF LOUISIANA.
BIBLIOGRAPHY AND REFERENCES.
Laws of the District of Louisiana, found in a compilation of the laws of the District of Louisiana, of the Territory of Louisiana, of the Territory of Missouri and of the State of Missouri up to 1824, published under the authority of the State of Missouri by virtue of the act of February 13th, 1839; Dunn's History of Indiana, American Commonwealths Series, pp. 318-319.
TITLES OF THE LAWS ENACTED FOR THE DISTRICT OF
The style of the several following laws was: “Be it enacted by the Governor and Judges of the Indiana Territory, authorized and empowered by an act of Congress to make laws for the district of Louisiana and it is hereby enacted by the authority of the same."
A Law providing for the punishment of certain crimes.
Oct. ist, 1804 A Law entitled a law respecting Slaves. Oct. Ist, 1804 A Law establishing courts for the trial of small causes.
Oct. ist, 1804 A Law regulating county rates and levies. Oct. ist, 1804 An Act establishing and regulating the Militia. Oct. Ist, 1804 A Law entitled a law establishing Recorders' offices.
Oct. Ist, 1804 A Law regulating the practice of Attornies. Oct. Ist, 1804 A Law entitled a law regulating the apportionment of Constables.
Oct. ist, 1804 A Law entitled a law of Defalcation.
Oct. Ist, 1804 A Law regulating Boatmen.
Oct. ist, 1804 A Law to regulate the practice of the general
court upon writs of error and for other
Oct. Ist, 1804 A Law establishing a Court of Probate. Oct. ist, 1804 A Law establishing courts of Judicature. Oct. ist, 1804 A Law regulating the Oath of Office.
Oct. Ist, 1804 A Law establishing the office of Sheriff. Oct. Ist, 1804 A Law regulating Marriages.
April 24th, 1805 -Reprinted from a compilation of the laws of the District of Louisiana, of the Territory of Louisianı, of the Territory of Missouri and of the State of Missouri up to 1824, PP. 15-67.
The inhabitants of the District of Louisiana were wholly dissatisfied with the provisions of the act of March 26th, 1804, erecting Louisiana into two territories. Through their representatives assembled in convention at St. Louis, September 29th, 1804, they drew up a violent remonstrance against “the dictates of a foreign government,” the absenteeism of Governor and Judges, and the violation of the principles of liberty and equality. They complained of having been deprived of “some of the dearest rights enjoyed by freemen;” they were horrified by the proposition to transfer Indian tribes to the west side of the Mississippi;3 and they declared the union with Indiana to be quite incompatible since slavery was prohibited in the one territory, while in the other it must of right be allowed to exist. With much earnestness they prayed for the repeal of the act of March 26th, and petitioned for the establishment of a separate territory. Nor was the remonstrance without effect. In March of the year next following Congress provided for the erection of the District of Louisiana into the independent Territory of Louisiana.4
1 See No. I. of this series, p. 19.
8 This fear was based on the provisions of Sec. 15 of the act of March 26th, 1804. See No. I., of this series, p. 22.
4 See p. 27 of this number.
By the act of June 4th, 1812, the Territory of Louisiana was reorganized under the name of the Territory of Missouri.1 A more complete governmental organization was now provided; and the people were guaranteed nearly all of the fundamental rights enumerated in the Ordinance of 1787, including judicial proceedings according to the Common Law. Indeed, the forms and institutions of the Common Law were everywhere rapidly taking the place of the Civil Law. This transformation in Jurisprudence is perhaps best evidenced in an act of the General Assembly of the Territory of Missouri, passed in January, 1816, by which the Common Law was formally adopted as "the rule of decision.”2
In 1819 all that part of the Territory of Missouri which lay “south of a line beginning on the Mississippi river at thirty-six degrees north latitude, running thence west to the river St. Francois, thence up the same to thirty-six degrees thirty minutes north latitude, and thence west to the westerni territorial boundary-line,” was erected into the Territory of Arkansas.3
Two years later (1821) the settled country immediately north of Arkansas was admitted into the Union as the State of Missouri. But with the exception of the prohibition of slavery contained in the “ Missouri Compromise;"4 no provisions were made for the residue of territory to the north and west. Indeed, this territory, which embraced the geographical area of the future Commonwealth of Iowa, seems to have been left wholly without a local constitutional status.
B. F. S.
1 See p. 30 of this number.
• See p. 41 of this number.
THE TERRITORY OF LOUISIANA.
BIBLIOGRAPHY AND REFERENCES.
U. S. Statutes at Large, Vol. II., p. 331; Poore's Charters and Constitutions, Pt. I., p. 697; Annals of Congress, 8th Cong., 2nd Sess., passim; American State Papers, Miscellaneous, Vol. I., pp. 400-404; Statute Laws of the Territory of Louisiana.
Carr's History of Missouri, American Commonwealths Series, pp. 82-116; McMaster's History of the People of the United States, Vol. III., pp. 29–30; Hildreth's History of the United States, Vol. II., p. 545; Davis and Durrie's History of Missouri, pp. 50-51.
AN ACT FURTHER PROVIDING FOR TIE GOVERNMENT
THE DISTRICT OF LOUISIANA.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the country ceded by France to the United States, under the general name of Louisiana, which, by an act of the last session of Congress, was erected into a separate district, to be called the district of Louisiana, shall henceforth be known and designated by the name and title of the Territory of Louisiana, the government whereof shall be organized and administered as follows:
The executive power shall be vested in a governor, who shall reside in said territory, and hold his office during the term of three years, unless sooner removed by the President of the United States. He shall be commander in chief of the militia of the said territory, superintendent ex officio of Indian affairs, and shall appoint and commission all officers in the same, below the rank of general officers; shall have power to grant pardons for offences against the same, and reprieves for those against the United States, until the decision of the President thereon shall be known. Sec. 2.
There shall be a secretary, whose commission shall continue in force for four years, unless sooner revoked by the President of the United States, who shall reside in the said territory, and whose duty it shall be, under the direction of the governor, to record and preserve all the papers and