THE COMMON LAW.

BIBLIOGRAPHY AND REFERENCES.

Chase's Statutes of Ohio, Vol. I., p. 190; Laws of the Territory of Michigan, Vol. I., Introductory, pp. xi, xii; Lessee of Lindsley's v. Coats, 1 Ohio Supreme Court Reports, p. 243, Doe v. Gibson and Jolley, 2 Ohio Supreme Court Reports, p. 339; Lessee of Helfenstine v. Garrard et al.,. 7 Ohio Supreme Court Reports, p. 276; Shambaugh's Documentary Material relating to the History of Iowa, No. II., p. 41.

A LAW DECLARING WHAT LAWS SHALL BE IN FORCE. The common law of England, all statutes or acts of the British parliament made in aid of the common law, prior to the fourth year of the reign of King James the first (and which are of a general nature, not local to that kingdom) and also the several laws in force in this territory, shall be the rule of decision, and shall be considered, as of full force, until repealed. by legislative authority, or disapproved of by Congress. [Adopted from the Statutes of Virginia—Published July 14, 1795—To take effect October 1, 1795.)

—Reprinted from Chase's Statutes of Ohio, Vol. I., p. 190.

THE TERRITORY OF INDIANA.

AN ACT TO DIVIDE THE TERRITORY OF THE UNITED STATES NORTHWEST OF THE OHIO, INTO TWO SEPARATE GOVERN

MENTS.

I.

SECTION 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the fourth day of July next, all that part of the territory of the United States northwest 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.

SEC. 2.

And be it further enacted, That 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 United States northwest 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.

SEC. 3. And be it further enacted, That 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 northwest 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 Congress, to appoint and commission all officers herein authorized; and their commissions shall continue in force until the end of the next session of Congress.

SEC. 4. And be it further enacted, 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 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 several counties in the said territory, agreeably to the number of free males of the age of twentyone 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 territory of the United States northwest 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; anything in this act contained to the contrary nothwithstanding.

SEC. 6. And be it further enacted, That until it shall be otherwise ordered by the legislatures of the said territories respectively, Chilicothe, on Scioto river, shall be the seat of the government of the territory of the United States northwest of the Ohio river; and that Saint Vincennes, on the Wabash river, shall be the seat of the government for the Indiana territory.

Approved, May 7, 1800.

-Reprinted from U. S. Statutes at Large, Vol. II., p. 58.

THE TERRITORY OF MICHIGAN.

AN ACT TO DIVIDE THE INDIANA TERRITORY INTO TWO

SEPARATE GOVERNMENTS.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from

and after the thirtieth day of June next, all that part of the Indiana territory, which lies north of a line drawn east from the southerly bend or extreme of Lake Michigan, until it shall intersect Lake Erie, and east of a line drawn from the said southerly bend through the middle of said lake to its northern extremity, and thence due north to the northern boundary of the United States, shall, for the purpose of temporary government, constitute a separate territory, and be called Michigan. SEC. 2. And be it further enacted, That 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 United States, northwest of the river Ohio; and by an act passed on the seventh day of August, one thousand seven hundred and eighty-nine, entitled "An act to provide for the government of the territory northwest 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 of the territory of the the United States, northwest of the river Ohio, by the said ordinance.

SEC. 3. And be it further enacted, That 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 Indiana territory; and the duties and emoluments of superintendent of Indian affairs, shall be united with those of governor.

SEC. 4. And be it further enacted, That nothing in this act contained, shall be construed so as, in any manner, to effect the government now in force in the Indiana territory, further than to prohibit the exercise thereof within the said territory

of Michigan, from after the aforesaid thirtieth day of June

next.

SEC. 5. And be it further enacted, That all suits, process, and proceedings, which, on the thirtieth day of June next, shall be pending in the court of any county, which shall be included within the said territory of Michigan; and also all suits, process, and proceedings, which on the said thirtieth day of June 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 Michigan 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 Indiana territory had remained undivided.

SEC. 6. And be it further enacted, That Detroit shall be the seat of government of the said territory, until Congress shall otherwise direct.

Approved, January 11, 1805.

-Reprinted from U. S. Statutes at Large, Vol. II., p. 309.

AN ACT AUTHORIZING THE ELECTION OF A DELEGATE FROM THE MICHIGAN TERRITORY TO THE CONGRESS OF THE UNITED STATES, AND EXTENDING THE RIGHT OF SUF

FRAGE TO THE CITIZENS OF SAID TERRITORY.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the citizens of the Michigan territory be, and they are hereby authorized to elect one delegate to the Congress of the United States, who shall possess the qualifications, and exercise the privileges, heretofore required of, and granted to, the delegates from the several territories of the United States.

SEC. 2. And be it further enacted, That every free white male citizen of said territory, above the age of twenty-one years, who shall have resided therein one year next preceding