Part of the Missouri territory after July 4, 1819, to form a separate territory to be called Arkansaw.day of July next, all that part of the territory of Missouri which lies 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 western territorial boundary line; shall, for the purposes of a territorial government, constitute a separate territory, and be called the Arkansaw territory.
A temporary government to be established.Sec. 2. And be it further enacted, That there shall be established in the said territory of Arkansaw, a temporary government, to consist of three departments, the executive, the legislative, and the judiciary.
Executive power in a governor.
Powers of the governor.Sec. 3. And be it further enacted, That the executive power shall be vested in a governor, who shall reside in the said territory, and shall hold his office during three years, unless sooner removed by the President of the United States: he shall be commander in chief of the militia of said territory, shall have power to appoint and commission all officers required by law to be appointed for said territory, whose appointments are not otherwise provided for by this act; shall take care that the laws be faithfully executed; shall have power to grant pardons for offences against the said territory, and reprieves for those against the United States, until the decision of the President thereon shall have been made known; shall, on extraordinary occasions, have power to convene the general assembly, hereinafter provided for, after one shall have been organized in conformity to law; shall ex-officio, be superintendent of Indian affairs, and shall have such other powers, and perform such further duties, as are by law given to, and imposed on, the governor of the Missouri territory, in all cases in which they shall become legally applicable to the territory of Arkansaw.
A secretary.
Duties of the secretary.
Act of June 4, 1812, ch. 95.Sec. 4. And be it further enacted, That there shall be a secretary for the said territory, who shall reside therein, and continue in office for the term of four years, unless sooner removed by the President: he shall perform all the duties imposed on the secretary for the territory of Missouri, by an act of Congress of the fourth of June, eighteen hundred and twelve, entitled “An act providing for the government of Missouri.”
Legislative power in the governor and judges of the superior court.
Proviso: legislative power to be exercised by the general assembly, when organized.Sec. 5. And be it further enacted, That the legislative power shall, until the organization of the general assembly, hereinafter provided for, be vested in the governor and the judges of the superior court of the territory, who shall have power to pass any law for the administration of justice in said territory, which shall not be repugnant to this act, or inconsistent with the constitution of the United States: Provided, that whenever the general assembly shall be organized, all the legislative power of the territory shall be vested in, and be exercised by, the said general assembly.
So much of the act of 4th June, 1812, ch. 95, as relates to the organization of a general assembly, &c. to be in force when a majority of freeholders desire it.
Representatives not to exceed nine.Sec. 6. And be it further enacted, That so much of the act of Congress of the fourth of June, eighteen hundred and twelve, entitled “An act providing for the government of the territory of Missouri,” as relates to the organization of a general assembly therein, prescribed the powers and privileges thereof, the mode of election, and period of service, of the members thereof, and defines the qualifications and privileges of the electors and elected, shall be in full force and operation in the Arkansaw territory, to the extent of its application, so soon as the governor thereof shall be satisfied that such is the desire of a majority of the freeholders thereof, and not until then: Provided, That until there shall be five thousand free white males, of the age of twenty-one years and upwards, resident in the said territory, the whole number of representatives shall not exceed nine.
Union, and to provide for the due execution of the laws of the United States within the same, and for other purposes,” June 23, 1836, ch. 120.
An act supplementary to an act, entitled “An act to regulate trade and intercourse with the Indian tribes, and to preserve peace on the frontiers,” passed thirtieth June, one thousand eight hundred and thirty-four, June 17, 1844, ch. 103.
