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which shall impair, or in any way restrain, the freedom of religious opinions, professions, or worship. They shall be entitled to the benefit of the writ of habeas corpus. They shall be bailable in all cases, except for capital offences, where the proof is evident or the presumption great. All fines shall be moderate and proportioned to the offence; and excessive bail shall not be required, nor cruel or unusual punishments inflicted. No ex post facto law, or law impairing the obligation of contracts, shall ever be passed; nor shall private property be taken for public uses without just compensation.

Sec. 11. And be it further enacted, That all free white persons, who are housekeepers, and who shall have resided one year, at least, in the said Territory, shall be qualified to act as grand and petit jurors in the Courts of the said Territory; and they shall, until the Legislature thereof shall otherwise direct, be selected in such manner as the Judges of the said Courts shall respectively prescribe, so as to be most conducive to an impartial trial, and to be least burthensome to the inhabitants of the said Territory.

Sec. 12. And be it further enacted, That it shall not be lawful for any person or persons to import or bring into the said Territory, from any port or place without the limits of the United States, or cause or procure to be so imported or brought, or knowingly to aid or assist in so importing or bringing any slave or slaves. And any person so offending, and being thereof convicted before any Court within the said Territory, having competent jurisdiction, shall forfeit and pay for each and every slave so imported or brought, the sum of three hundred dollars, one moiety for the use of the United States and the other moiety for the use of the person or persons who shall sue for the same; and every slave so imported or brought, shall thereupon become entitled to, and receive, his or her freedom.

Sec. 13. And be it further enacted, That the laws in force in the said Territory, at the commencement of this act, and not inconsistent with the provisions thereof, shall continue in force until altered, modified, or repealed by the Legislature.

Sec. 14. And be it further enacted, That the citizens of the said Territory shall be entitled to one Delegate to Congress, for the said Territory; who shall possess the same power heretofore granted to the delegates from the several Territories of the United States. The said delegate shall be elected by such description of persons, at such times, and

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under such regulations, as the Governor and Legislative Council may, from time to time, ordain and direct.

Approved, March 30, 1822.

An Act to amend "An Act for the Establishment of a Territorial Government in Florida," 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 that Territory ceded by Spain to the United States, known by the name of East and West Florida, shall constitute a Territory of the United States, under the name of the Territory of Florida, the government whereof shall be organized and administered as follows:

Sec. 2. And be it further enacted, That the executive power shall be vested in a Governor, who shall reside in the 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, and be ex-officio Superintendent of Indian affairs; and 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 of the United States thereon shall be made known; and to appoint and commission, by and with the consent of the Legislative Council, all officers, civil and of the militia, whose appointments are not herein otherwise provided for, which shall be established by law. He shall take care that the laws be faithfully executed.

Sec. 3. And be it further enacted, That a Secretary of the Territory shall be appointed, who shall hold the office during the term of four years, unless sooner removed by the President of the United States; whose duty it shall be, under the direction of the Governor, to record and preserve all the papers and proceedings of the Executive, and all the acts of the Governor and Legislative Council; and transmit authentic copies of the proceedings of the Governor, in his executive department, every six months to the President of the United States.

Sec. 4. And be it further enacted, That in case of the death, removal, resignation, or necessary absence of the Governor of the said Territory, the Secretary thereof shall be, and he is hereby authorized and required to execute all the powers, and perform all the duties of the Governor, during the vacancy occasioned by the removal, resignation, or

necessary absence of the said Governor, who shall in no case leave the said Territory without permission first had of the President of the United States.

Sec. 5. And be it further enacted, That the Legislative powers shall be vested in the Governor, and in thirteen fit and discreet persons of the Territory, nine of whom shall constitute a quorum to do business, to be called the Legislative Council, who shall be appointed annually, by the President of the United States, by and with the advice and consent of the Senate, from among the citizens of the United States, or from among the inhabitants of the Territory, resident there at the session; but no person shall be eligible as a member of the said Legislative Council, who shall not have resided in the said Territory at least six months previous to his appointment. The Governor and Legislative Council shall have legislative powers over all rightful subjects of legislation; but no law shall be valid which is inconsistent with the Constitution and laws of the United States, or which shall lay any person under the restraint, burthen, or disability, on account of his religious opinions, professions or worship. The Governor shall publish, throughout the said Territory, all the laws which shall be made, and shall, on or before the first of December, in each year, report the same to the President of the United States, to be laid before Congress, which, if disapproved by Congress, shall thenceforth be of no force. The Governor and Legislative Council shall have no power over the primary disposal of the soil, nor to tax the lands of the United States, nor to interfere with the claims to land within the said Territory. The Legislative Council shall hold a session once in each year, commencing on the first Monday in May, in each and every year, but shall not continue longer in session than four weeks, after the first session, which shall not continue longer than eight weeks; to be held in the city of St. Augustine, or at such other place or places as the Governor and Council may from time to time direct. It shall be the duty of the Governor to obtain all the information in his power in relation to the customs, habits, and dispositions of the inhabitants of the said Territory, and communicate the same, irom time to time, to the President of the United States.

Sec. 6. And be it further enacted, That every bill which shall have passed the Legislative Council, shall, before it becomes a law, be presented to the Governor. If he approves it he shall sign it; and if not, he shall return it, with his objections in writing, to the Legislative Council, who shall enter the objections at large on their journal, and proceed to

reconsider it. If, after such reconsideration, two thirds of the members of the Legislative Council agree to pass the bill, it shall become a law; and the names of the persons voting for or against the bill shall be entered on the journal: Provided, nevertheless, that all bills to tax the inhabitants of the said Territory or their property, shall, before they become laws, receive the sanction of Congress; except when the said bills shall authorize county, city, and town officers to collect taxes for the use and benefit of their respective counties, - cities, and towns; and for no other purposes.

Sec. 7. And be it further enacted, That the judicial power shall be vested in two Superior Courts, and in such inferior Courts and Justices of the Peace, as the Legislative Council of the Territory may, from time to time, establish. There shall be a Superior Court for that part of the Territory, known as East Florida, to consist of one Judge; he shall hold his Court on the first Mondays in May and November, in each year, at St. Augustine, and at such other times and places as the Legislative Council shall direct. There shall be a Superior Court for that part of the Territory, known as West Florida, to consist of one Judge; he shall hold a Court at Pensacola, on the first Mondays in May and November, in each year, and at such other times and places as the Legislative Council shall direct. Within its limits herein described, each Court shall have jurisdiction in criminal cases, and exclusive jurisdiction in all capital offences, and original jurisdiction in all civil cases of the value of one hundred dollars, arising under, and cognizable by, the laws of the Territory, now of force therein, or which may at any time be enacted by the Legislative Council thereof. Each Judge shall appoint a clerk for his respective Court, who shall reside, respectively, at St. Augustine and Pensacola, and they shall keep the records there. Each clerk shall receive for his services in all cases arising under the Territorial laws, such fees as may be established by the Legislative Council. And the said Judges may adjourn their respective Courts to any other time or place, whenever St. Augustine or Pensacola shall be infected with a malignant fever; and writs of error and appeal from the final decisions of the said Superior Courts authorized by this section of this act, shall be made to the Supreme Court of the United States, in the same manner, and under the same regulations, as from the Circuit Courts of the United States, where the amount in controversy, to be ascertained by the oath or affirmation of either party, shall exceed one thousand dollars.

Sec. 8. And be it further enacted, That each of the said Superior Courts shall, moreover, have and exercise the same jurisdiction within its limits, in all cases arising under the laws and Constitution of the United States, which by an act to establish the Judicial Courts of the United States, approved the twenty-fourth day of September, one thousand seven hundred and eighty-nine; and an act in addition to the act, entitled "An Act to establish the Judicial Courts of the United States," approved the second day of March, one thousand seven hundred and ninety-three, was vested in the Court of the Kentucky district. And writs of error and appeal from the decisions in the said Superior Courts, authorized by this section of this act, shall be made to the Supreme Court of the United States, in the same cases, and under the same regulations, as from the Circuit Courts of the United States. The clerks respectively shall keep the records at the places where the Courts are held, and shall receive in all cases arising under the laws and Constitution of the United States, the same fees which the clerk of the Kentucky district received for similar services, whilst that Court exercised the powers of the Circuit and District Courts.

Sec. 9. And be it further enacted, That there shall be appointed two persons learned in the law, to act as Attorneys for the United States, as well as for the Territory; one for that part of the Territory known as East Florida, the other for that part of the Territory known as West Florida. To each of whom, in addition to their stated fees in civil cases, shall be paid as a full compensation for all extra services, annually, the sum of two hundred dollars. There shall also be appointed two Marshals, one for each of the said Superior Courts, who shall each perform the same duties, be subject to the same regulations and penalties, and be entitled to the same fees, to which marshals in other districts are entitled for similar services; and shall, in addition, be paid the sum of two hundred dollars, annually, as a compensation for extra services; and shall also be subject to such regulations and penalties as the Legislative Council shall impose, while acting under, and in virtue of, the Territorial laws.

Sec. 10. And be it further enacted, That the Governor, Secretary, Judges of the Superior Courts, District Attorneys, Marshals, and all general officers of the militia, shall be appointed by the President of the United States, by and with the advice and consent of the Senate. All judicial officers shall hold their offices for the term of four years, and no longer.

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