―293―For the Literary Magazine.
government of louisiana, as
organized by law, march 3,
1805.
THE executive power is vested
in a governor, to reside in the ter-
ritory, and hold his office three
years, unless sooner removed by the
president of the United States. He
is commander in chief of the mili-
tia; superintendant, ex officio, of
Indian affairs; and appoints all offi-
cers in the same, below the rank or
general officers; has power to grant
pardons for offences against the
same, and reprieves for those
against the United States, till the
decision of the president is known.
There is a secretary, whose com-
mission is for four years, unless
sooner revoked by the president,
who resides in the territory, and
whose duty it is, under the direc-
tion of the governor, to record and
preserve all the papers and pro-
ceedings of the executive, and all
the acts of the governor and the le-
gislative body, and to transmit co-
pies of the same, every six months,
to the president. In case of vacancy
in the office of governor, the govern-
ment is exercised by the secretary.
The legislative power is vested
in the governor and in three judges,
or a majority of them, who have
power to establish inferior courts
and prescribe their jurisdiction and
duties, and to make all laws which
they may deem necessary. No law
is valid which is inconsistent with
the constitution and laws of the
United States, or which shall lay
any person under restraint or disa-
bility on account of religious opi-
nions, profession, or worship. In all
criminal prosecutions, a jury shall
try, and, in all civil cases, of the
value of one hundred dollars, the
trial shall be by jury, if either party
require it. The governor publishes
throughout the territory all the laws
which may be made, and from time
to time reports them to the presi-
dent, to be laid before congress,
which, if disapproved by congress,
shall thenceforth cease.
There are three judges, to hold
their offices four years, who, or
any two of them, hold annually two
courts within the district, at such
place as is most convenient to the
inhabitants in general, and possess
the jurisdiction of the judges of the
Indiana territory, and continue in
session till all the business before
them is disposed of.
The governor proceeds, from
time to time, as circumstances re-
quire, to lay out those parts of the
territory, in which the Indian title
is extinguished, into districts, sub-
ject to such alterations as may be
found necessary; and appoints ma-
gistrates and civil officers, whose
powers are to be defined by law.
The governor, secretary, and
judges receive the compensation
established for similar offices in the
Indiana territory.
The governor, secretary, judges,
justices of the peace, and all other
officers, civil or military, before
they enter upon duty, take an oath,
or affirmation, to support the con-
stitution of the United States, and
for the faithful discharge of the du-
ties of their office; the governor
before the president, or a judge of
the supreme or district court of the
United States, or such person as the
president shall authorize to admi-
nister the same; the secretary and
judges before the governor; and all
other officers before such person as
the governor directs.
All the above-named officers are
appointed by the president, in the
recess of the senate, but nominated,
at their next meeting, for their ad-
vice and consent.
The laws in force in the district,
at the commencement of this act,
and not inconsistent with it, conti-
nue in force till altered, modified,
or repealed by the legislature.