to the citizens of the United States, without any tax, duty or impost therefor.

Sec. 16. And be it further enacted, That the laws and regulations in force in the territory of Louisiana, at the commencement of this act, and not inconsistent with the provisions thereof, shall continue in force until altered, modified or repealed by the general assembly. And it is hereby declared that this act shall not be construed to vacate the commission of any officer in the said territory, acting under the authority of the United States, but that every such commission shall be and continue in full force as if this act had not been made. And so much of an act, entituled "An act further providing for the government of the territory of Louisiana,” approved on the third day of March, one thousand eight hundred and five, and so much of an act, entituled "An act for erecting Louisiana into two territories and providing for the temporary government thereof," approved the twenty-sixth of March, one thousand eight hundred and four, as is repugnant to this act, shall from and after the first Monday in December next be repealed. On which first Monday in December next this act shall commence and have full force: Provided, so much of it as requires the governor of said territory to perform certain duties previous to the said first Monday of December next shall be in force from the passage thereof.

Approved, June 4, 1812.

-Reprinted from U. S. Statutes at Large, Vol. II., p. 743.

An Act to ALTER CERTAIN PARTS OF THE ACT PROVIDING FOR THE GOVERNMENT OF THE TERRITORY OF MISSOURI.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That the electors of the territory of Missouri, entitled to vote for members of the house of representatives of the territory

at the time of electing the representatives to the general assembly, shall in each county in said territory elect one member of the legislative council to serve for two years and no longer, qualified according to the provisions of the fifth section of the "Act providing for the government of the territory of Missouri," passed June fourth, one thousand eight hundred and twelve, a majority of whom shall be a quorum, and shall possess the same powers as are granted to the legislative council by the said recited act; and in case of a vacancy of a member of the legislative council by resignation or otherwise, the governor of the territory shall issue a writ to the county to elect another person to serve the residue of the term.

Sec. 2. And be it further enacted, That so much of the eighth section of the said recited act as requires the general assembly of said territory to meet once in each year be repealed, and the said general assembly shall meet once in every other year at St. Louis, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day: Provided, That the governor for the time being shall have authority by proclamation to convene the general assembly whenever he shall deem the interest of the territory may require it.

Sec. 3. And be it further enacted, That the general assembly of the said territory shall be, and are hereby authorized, to require the judges of the superior court of the said territory to hold superior and circuit courts, to appoint the times and places of holding the same, and under such rules and regulations as the general assembly may in that behalf prescribe; the circuit courts shall be composed of one of the said judges, and shall have jurisdiction in all criminal cases, and exclusive original jurisdiction in all those which are capital, and original jurisdiction in all civil cases of the value of one hundred dollars, and the superior and circuit courts shall possess and exercise chancery powers as well as common law jurisdiction in all civil cases; Provided, That there shall be

an appeal in matters of law and equity, in all cases from the circuit courts to the superior court of the said territory.

Sec. 4. And be it further enacted, That such part of the said recited acts as is repugnant to, or inconsistent with the provisions of this act, be, and the same is hereby repealed. Approved, April 29, 1816.

-Reprinted from U. S. Statutes at Large, Vol. III., p. 328.

AN ACT FURTHER

ΤΟ REGULATE THE TERRITORIES OF

THE UNITED STATES, AND THEIR ELECTING DELEGATES TO CONGRESS.

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That in every territory of the United States in which a temporary government has been, or hereafter shall be established, and which by virtue of the ordinance of Congress of the thirteenth of July, one thousand seven hundred and eighty-seven, or of any subsequent act of Congress, passed or to be passed, now hath or hereafter shall have the right to send a delegate to Congress, such delegate shall be elected every second year, for the same term of two years for which members of the house of representatives of the United States are elected; and in that house each of the said delegates shall have a seat with a right of debating, but not of voting.

Sec. 2. And be it further enacted, That on the first Monday of August next the citizens of the territory of Missouri, qualified according to the act, entitled "An act providing for the goverment of the territory of Missouri," shall elect a delegate to Congress; and it shall be the duty of the general assembly of the said territory to make provision by law for the annual or biennial meetings of the said general assembly, as the interests of the territory may in their opinion require; and

such annual or biennial meeting shall be on the first Monday of December, unless they shall by law appoint a different day. And so much of any law, or laws, as are inconsistent with the provision of this act, shall be, and the same are hereby, repealed.

Approved, March 3, 1817.

-Reprinted from U. S. Statutes at Large, Vol. III., p. 363.

THE COMMON LAW ADOPTED AS A RULE OF DECISION.

BIBLIOGRAPHY AND REFERENCES.

Geyer's Digest of the Laws of the Territory of Missouri; Laws of the Territory of Missouri, 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, p. 436; McClain's Introduction of the Common Law into Iowa, Iowa Historical Lectures for 1892, p. 80.

AN ACT DECLARING WHAT LAWS SHALL BE IN FORCE

IN THIS TERRITORY.

Be it enacted by the General Assembly of the Territory of Missouri, [as follows:]

I. The common law of England, which is of a general nature, and all statutes made by the British parliament in aid of or to supply the defects of the said common law, made prior to the fourth year of James the first, and of a general nature, and not local to that kingdom, which said common law and statutes are not contrary to the laws of this territory, and not repugnant to, nor inconsistent with the constitution and laws of the United States shall be the rule of decision in this territory, until altered or repealed by the legislature, any law, usage, or custom to the contrary notwithstanding, provided, however, that none of the British statutes respecting crimes

པ རྒྱས་ ་ ས་

and punishments shall be in force in this territory, nor shall any person be punished by common law, where the laws and statutes of this territory have made provision on the subject, but where the laws and statutes of the United States and this territory have not made provision for the punishment of offenses, the several courts may proceed to punish for such offenses; provided, the punishment shall in no case be other than fine and imprisonment, and the term of imprisonment shall not exceed two months; and the fine shall not exceed one hundred dollars.

2. The doctrine of survivorship in cases of joint tenants shall never be allowed, in this territory. The doctrine of entails shall never be allowed, and in all cases where any real estate shall be entailed, the whole of the right and interest of, in, and to the same, shall vest in fee simple in the person having the first reversion or remainder in said estate, after the life estate is determined in said estate.

This act shall take effect and be in force from and after the passage thereof.

Approved, January 19, 1816.

-Reprinted from 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, p. 436.

THE MISSOURI COMPROMISE.

BIBLIOGRAPHY AND REFERENCES.

U. S. Statutes at Large, Vol. III., p. 548; Poore's Charters and Constitutions, Pt. II., p. 1104; Annals of Congress, 15th Cong., 2nd Sess., passim, and 16th Cong., 1st and 2nd Sess., passim; Benton's Abridgment, Vol. VI., passim; Niles' Register, Vols. XVII., XVIII. and XIX., passim; Scott v. Sanford, 19 Howard 293; In the matter of Ralph, on Habeas Corpus, 1 Morris (Ia.) I.

Greeley's American Conflict, Vol. I., pp. 74-80; Annals of the West, pp. 931-938; Von Holst's Constitutional History of the United States, Vol. I., Ch. IX.; Hildreth's History of the United States, Vol. III., pp. 661-676;