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at such times and place, or places, as the legislative department shall direct, and continue in session until the business therein shall be disposed of, or as long as shall be prescribed by law. Provided, That any two of the judges shall constitute a court of appellate, and any one a court of original, jurisdiction.
Sec. 8. and be it further enacted, That the governor, secretary, judges, and all other officers, of the Territory, civil and military, shall, before they enter on the duties of their respective offices, take an oath or affirmation to support the Constitution of the United States, and to discharge, with fidelity, the duties of their offices; the governor, before a judge of the supreme or district court of the United States, or a judge of the superior court of the said Territory; the secretary and judges, before the said governor, or a judge of the supreme or district court of the United States; and all other officers, before the governor, or any of the judges of the supreme or inferior courts, or justices of the peace, of said Territory.
SEC. 9. And be it further enacted, That the governor, secretary, and judges of the superior court authorized for said Territory, during the temporary government thereof, shall be appointed by the President of the United States, with the advice and consent of the Senate: Provided, That the President shall have full power, during the recess of the Senate, to commission all or any of the said oflicers, until the end of the session of Congress next succeeding the date of the commission. The governor, secretary, and judges of the superior court
. shall receive the same compensation, payable quarter-yearly, which the governor, secretary, and superior judges of the Missouri Territory are entitled to by law.
Sec. 10. And be it further enacted, That all the laws which shall be in force in the Territory of Missouri, on the fourth day of July next, not inconsistent with the provisions of this act, and which shall be applicable to the Territory of Arkansaw, shall be, and continue, in force in the latter Territory, until modified or repealed by the legislative authority thereof.
Sec. 11. Ind be it further enacted, That the bounty-lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt from all taxes, for the term of three years from and after the date of the patents respectively.
Sec. 12. And be it further enacted, That whenever, according to the provisions of this act, the people of the Arkansaw Territory shall have a right to elect members of the house of representatives of their general assembly, they shall also have the right to elect a Delegate from the said Territory to the Congress of the United States, who shall possess the same powers, enjoy the same privileges, and receive the same compensation granted and secured by law to the delegates from other Territories.
SEC. 13. And be it further enacted, That util otherwise directed by the legislative department of the said Territory of Arkansaw, the seat of the territorial government thereof shall be the post of Irkansaw, on the Arkansaw River.
SEC. 14. And be it further enacted, That the line now established by law, between the land-offices at the seat of justice in the county of Lawrence, and at the town of Jackson, in the county of Cape Girardeau, shall, from and after the passage of this act, be so altered as to run, be the same, and correspond, with the northern line of the said Territory of Arkansaw, anything in the act, entitled "An act making provision for the establishment of additional land-offices in the Territory of Missouri," passed the seventeenth day of February, one thousand eight hundred and eighteen, to the contrary notwithstanding.
Approved March 2, 1819.
ENABLING ACT FOR ARKANSAS-1836
[TWENTY-FOURTH CONGRESS, FIRST SESSION)
An Act for the admission of the State of Arkansas into the Union, and to pro
vide for the due execution of the laws of the United States within the same, and for other purposes
Whereas, the people of the Territory of Arkansas did, on the thirtieth day of January, in the present year, by a convention of delegates called and assembled for that purpose, form for themselves a constitution and State government, which constitution and State government, so formed, is republican: And whereas the number of inhabitants within the said Territory exceeds forty-seven thousand seven hundred persons, computed according to the rule prescribed by the Constitution of the United States; and the said convention have, in their behalf, asked the Congress of the United States to admit the said Territory into the Union as a State, on an equal footing with the original States:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of Arkansas shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original States in all respects whatever; and the said State shall consist of all the territory included within the following boundaries, to wit: Beginning in the middle of the main channel of the Mississippi River, on the parallel of thirty-six degrees north latitude, running from thence west, with the said parallel of latitude, to the Saint Francis River; thence up the middle of the main channel of said river to the parallel of thirty-six degrees, thirty minutes, north; from thence west to the southwest corner of the State of Missouri; and from thence to be bounded on the west, to the north bank of Red River, by the lines described in the first article of the treaty between the United States and the Cherokee Nation of Indians, west of the Mississippi, made and concluded at the city of Washington, on the twenty-sixth day of May, in the year of our Lord one thousand eight hundred and twenty-eight; and to be bounded on the south side of Red River by the Mexican boundary-line, to the northwest corner of the State of Louisiana ; thence east, with the Louisiana State line, to the middle of the main channel of the Mississippi River; thence up the middle of the main channel of the said river to the thirty-sixth degree of north latitude, the point of beginning
SEC. 2. And be it further enacted, That until the next general census shall be taken, the said State shall be entitled to one Representtative in the House of Representatives of the United States.
Sec. 3. And be it further enacted, That all the laws of the United States, which are not locally inapplicable, shall have the same force and effect within the said State of Arkansas as elsewhere within the United States.
Sec. 4. And be it further enacted, That the said State shall be one judicial district, and be called the Arkansas district; and a district court shall be held therein, to consist of one judge, who shall reside in the said district, and be called a district judge. He shall hold, at
, the seat of government of the said State, two sessions annually, on the first Mondays of April and November; and he shall, in all things, have and exercise the same jurisdiction and powers which were by law given to the judge of the Kentucky district, under an act entitled “An act to establish the judicial courts of the United States." He shall appoint a clerk for the said district court, who shall reside and keep the records of the court, at the place of holding the same; and shall receive, for the services performed by him, the same fees to which the clerk of the Kentucky district is entitled for similar services.
Sec. 5. And be it further enacted, That there shall be a lowed to the judge of the said district court the annual compensation of two thousand dollars, to commence from the date of his appointment, to be paid quarter-yearly at the Treasury of the United States.
SEC. 6. And be it further enacted, That there shall be appointed in the said district a person learned in the law, to act as attorney for the United States, who shall, in addition to his stated fees, be paid by the United States two hundred dollars, as a full compensation for all extra services.
Sec. 7. And be it further enacted, That a marshal shall be appointed for the said district, who shall perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, as are prescribed to marshals in other districts; and he shall, moreover, be entitled to the sum of two hundred dollars annually, as a compensation for all extra services.
Sec. 8. And be it further enacted, That the State of Arkansas is admitted into the Union upon the express condition, that the people of the said State shall never interfere with the primary disposal of the public lands within the said State, nor shall they levy a tax on any of the lands of the United States within the said State; and nothing in this act shall be construed as an assent by Congress to all or to any of the propositions contained in the ordinance of the said convention of the people of Arkansas, nor to deprive the said State of Arkansas of the same grants, subject to the same restrictions, which were made to the State of Missouri, by virtue of an act entitled "An act to authorize the people of the Missouri Territory to form a constitution and State government, and for the admission of such State into the Union, on an equal footing with the original States, and to prohibit slavery in certain Territories," approved the sixth day of March, one thousand eight hundred and twenty.
Approved, June 15, 1836.
SUPPLEMENTARY ENABLING ACT FOR ARKANSAS—1836 a
[TWENTY-FOURTH CONGRESS, FIRST SESSION /
An Act supplementary to the act entitled, “An act for the admission of the State
of Arkansas into the Union, and to provide for the due execution of the laws of the l'nited States within the same, and for other purposes”
Be it enacted by the Senate and House of Representatires of the United States of America in Congress (tssembled, That in lieu of the propositions submitted to the Congress of the United States, by an ordinance passed by the convention of delegates at Little Rock, assembled for the purpose of making a constitution for the State of Arkansas, which are hereby rejected; and that the following propositions be, and the same are hereby, offered to the general assembly of the State of Arkansas, for their free acceptance or rejection, which, if accepted, under the authority granted to the said general assembly for this purpose, by the convention which framed the constitution of the said State, shall be obligatory upon the United States:
First. That section numbered sixteen in every township, and, when such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the State for the use of the inhabitants of such township for the use of schools.
Second. That all salt-springs not exceeding twelve in number, with six sections of land adjoining to each, shall be granted to the said State, for the use of said State, the same to be selected by the general assembly thereof on or before the first day of January, one thousand eight hundred and forty; and the same, when so selected, to be used under such terms, conditions, and regulations, as the general assembly of the said State shall direct: Provided, That no saltspring, the right whereof is now vested in any individual or individuals, or which may hereafter be confirmed or adjudged to any individual or individuals, shall by this section be granted to said State: Ind provided, also, That the general assembly shall never sell or lease the same, at any one time, for a longer period than ten years, without the consent of Congress; and that nothing contained in the act of Congress entitled, "An act authorizing the governor of the Territory of Arkansas to lease the salt-springs in said Territory, and for other purposes,” or in any other act, shall be construed to give to the said State any further or other claim whatsoever, to any saltsprings or lands adjoining thereto, than to those hereby granted.
a The following acts of Congress are in substantial modification of the enabling act, viz:
I. “An act to authorize the legislatures of the States of Illinois, Arkansas. Louisiana, and Tennessee to sell the lands heretofore appropriated for the use of schools in those States," approved February 13, 1843.
II. “An act giving the assent of Congress to a change of the compact entered into between the l'nited States and the. State of Arkansas, on her admission into the Union," approved July 29, 1846. [Authorizing the general assembly of the State to appropriate for the use and benetit of common schools, or in any other mode deemed proper, for the promotion of education, certain lands, known as “ Seminary Lands," therefore. by direction of act of ('ongress, appropriated solely to the use and support of a university.]
I. Section 3 of "An art to give the consent of ('ongress to the sale of certain salt-spring lands, heretofore granted to the States of Michigan, Illinois, and Arkansas," approved March 3, 1817.
Third. That five per cent of the nett proceeds of the sale of lands lying within the said State, and which shall be sold by Congress from and after the first day of July next, after deducting all expenses incident to the same, shall be reserved for making public roads and canals within the said State, under the direction of the general assembly thereof.
Fourth. That a quantity of land not exceeding five sections be, and the same is hereby, granted to the said State, in addition to the ten sections which have already been granted, for the purpose of completing the public buildings of the said State, at Little Rock; which said five sections shall, under the direction of the general assembly of said State, be located, at any time, in legal divisions of not less than one quarter-section, in such townships and ranges as the general assembly a foresaid may select, on any of the unappropriated lands of the United States within the said State.
Fifth. That the two entire townships of land which have already been located by virtue of the act entitled "An act concerning a seminary of learning in the Territory of Arkansas," approved the second of March, one thousand eight hundred and twenty-seven, are hereby vested in, and confirmed to, the general assembly of the said State, to be appropriated solely to the use of such seminary by the general assembly: Prorided, That the five foregoing propositions herein offered are on the condition that the general assembly or legislature of the said State, by virtue of the powers conferred upon it by the convention which framed the constitution of the said State, shall
provide, by an ordinance irrevocable without the consent of the United States, that the said general assembly of said State shall never interfere with the primary disposal of the soil within the same by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to the bond-fide purchasers thereof; and that no tax shall be imposed on lands the property of the United States; and that in no case shall non-resident proprietors be taxed higher than residents; and that the bounty-lands granted, or hereafter to be granted, for military services during the late war, shall, whilst they continue to be held by the patentees or their heirs, remain exempt from any tax laid by order or under the authority of the State, whether for State, county, township, or any other purpose, for the term of three years from and after the date of the patents respectively.
Approved, June 23, 1836.
ORDINANCE OF ACCEPTANCE BY ARKANSAS-1836
Ordinance and acceptance of compact by the general assembly of the State of
Be it ordained by the general assembly of the State of Irkunsus, By virtue of the authority vesteil in said general assembly by the provisions of the ordinance adopted by the convention of delegates assembled at Little Rock, for the purpose of forming a constitution and system of government for said State, that the propositions set forth