Slavery -- United States; United States -- Politics and government -- 1849-1853
The general structure of the legislature in several of the earlier
territorial governments was this: It consisted of a governor and of two
houses,--an upper and a lower. Without an exception, where a governor
has been appointed, Congress has always reserved his appointment to
itself, or to the President. The governor so appointed has always had
a veto power over the two houses; and Congress has always reserved to
itself, or to the President, a veto power, not only over him, but over
him and both the houses besides. Congress has often interfered also
with the appointment of the upper house, leaving only the lower house
to be chosen exclusively by the people of the territory; and it has
determined even for the lower house the qualifications both of electors
and of elected. Further still: the power of removing the governor, at
pleasure, has always been reserved to Congress, or to the President.
Look at this: Congress determines for the territory the qualifications
of electors and elected,--at least in the first instance. No law of
the territorial legislature is valid until approved by the governor.
Though approved by the governor, it may be annulled by Congress, or
by the President; and the governor is appointed, and may be removed at
pleasure, by Congress or by the President.
To be more specific, I give the following outline of some of the
territorial governments:--
_Ohio Territory, statute 1789, chapter 8._--A governor for four years,
nominated by the President, approved by the Senate, with power to
appoint all subordinate civil and military officers.
A secretary for four years, appointed in the same way.
Three judges, to hold office during good behavior. Governor and judges
the sole legislature, until the district shall contain five thousand
free male inhabitants. Then,--
A House of Assembly, chosen by qualified electors, for two years.
A legislative council of five, to hold office for five years. The House
of Assembly to choose ten men, five of whom are to be selected by the
President and approved by the Senate. These five to be the “Legislative
Council.”
A governor, as before, with an unconditional veto, and a right to
convene, prorogue, and dissolve the Assembly.
Power given to the President to revoke the commissions of governor and
secretary.
_Indiana Territory, statute 1800, chapter 41._--Similar to that of
Ohio. At first, the lower house to consist of not more than nine, nor
less than seven.
_Mississippi Territory, statute 1800, chapter 50._--Similar to that of
Indiana.
_Michigan Territory, statute 1805, chapter 5._--Similar to that of
Indiana.
_Illinois Territory, statute 1809, chapter 13._--Similar to that of
Indiana.
_Alabama Territory, statute 1817, chapter 59._--Similar to that of
Indiana.
_Wisconsin Territory, statute 1836, chapter 54._--Governor for three
years, appointed as above, and removable by the President, with power
to appoint officers and grant pardons. Unconditional veto.
Public-domain text, read in full here on John Shaqi.
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