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Duties of offic«rs Sec. 3. And be it further enacted, That any officer so •o appointed. appointed shall forthwith enter upon the discharge of the duty, and, after fully ascertaining the facts, shall report, first, whether the proposed facility to navigation is the most suitable for the exigency which exists; and, second, where it should be placed if the interests of commerce demand it; third, if the thing proposed be not the most suitable, whether it is expedient to make any other kind of improvement; fourth, whether the proposed light has any connexion with other lights, aud if so, whether it cannot be so located as to subserve both the general and local wants of trade and navigation; and, fifth, whether there be any, and, if any, what other facts of importance touching the subject. Reporuofsuch Sec. 4. And be it Jurther enacted, That all such reports bSotr 8ecreiary shall, as speedily as may be, be laid before the Secretary of of the Treasury, tilc Treasury, and if such as to authorize the work without v further legislation, he shall forthwith proceed with it; other
wise, such report shall be laid before Congress at the next ensuing session; but in all cases where the Fifth Auditor does not report such preliminary examination as expedient, the provisions of this act shall without delay be carried into /execution.
iAppropriation Sec. 5. And be it further enacted, That the sum of six tormakfhtrhuUo/ thousand dollars be, and the same is hereby appropriated, out Mr o Mierwooda of any money in the treasury not otherwise appropriated, to purchase lenses, and to fit up, under the direction of the Secretary of the Treasury, a light-house to make trial of Mr. Isherwood's plan of discriminating one light from another, and of determining the distance of a vessel from a light, if the said Secretary shall be of opinion that the discovery merits such a trial of its value. Approved August 14, 1848.
CHAP. 177.—AN ACT to establish the Territorial government of Oregon.
[sec. 1.] Be it enacted by the Senate and House of Representatives of the United Slates of America in Congress asmSSttSr Tz' semo^e'U That from and after the passage of this act, all ritory of Oregon that part of the Territory of the United States which lies e«tat>ii»ncd. west of the summit of the Rocky mountains, north of the forty-second degree of north latitude, known as the Territory of Oregon, shall be organized into and constitute a temporary government by the name of the Territory of Oregon: Proviioaitoin pruVided, That nothing in this act contained shall be conritory. strued to impair the rights of person or property now pertain
ing to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to affect the authority of the government of the United States to make any regulation respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent to the government to make if this act had never passed: And provided, also, That the title to the land, not Title to missionexceeding six hundred and forty acres, now occupied as nrmedat'°M °°n missionary stations among the Indian tribes in said Terrijtory, together*with the improvements thereon, be confirmed and established in the several religious societies to which said missionary stations respectively belong: And provided further, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two.or more Territories, in such' rowertodmde manner and at such times as Congress shall deem conve- \^yJ"nU"T n' liient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States.
Sec. 2. And bo it further enacted, That the executive The executive power and authority in and over said Territory of Oregon STnagovlrll"'; shall be vested in a governor, who shall hold his office for hi' ,enure of
r i ii- i it i . ■ omoe, powers,
lour years, and until his successor shall be appointed and duties, and emoiqualified, unless sooner removed by the President of the uments United States. The governor shall reside within said Territory, shall be commander in chief of the militia thereof, shall perform the duties and receive the emoluments of su- , perintendent of Indian affairs; he may grant pardons and respites for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, / until the decision of the President can be made known thereon; he shall commissieti all officers who shall be appointed to office under the laws of the said Territory, Where, by law, such commissions .shall be required, and shall take care that the laws be faithfully executed.
Sec. 3. And be it further enacted, That there shall be a Secretary. hi, secretary of said Territory, who shall reside therein, and hold powers and' duhis office for five years, unless sooner removed by the Pres- ,,e'' ident of the United States; he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and journals of the legislative assembly within thirty days after the end of each session, and one copy of the executive proceedings and official correspondence, semi-annually, on the first days of January and July in each year, to the President of the United Stales, and two copies of the laws to the President of the Senate and to the Speaker of the House of Representatives, for the use of Congress. And in case of the death, removal, resignation or inCiseo(deatii. absence of the governor from the Territory, the secretary r««naUon. or re'shall be, and he is hereby, authorized and required to ex. or°To>e°secretary ecute and perform all the powers «nd duties of the governor 0°rnoarct DS gov" during such vacancy or absence, or until another governor shall be duly appointed and qualified to fill such vacancy.
Legislative as. Sec. 4. And be it further enacted, That the legislative sembly to consist, or a council and power and authority of said Territory shall be vested in a house of repre- legislative assembly. The legislative assembly shall consist
of a council and house of representatives. The council shall consist of nine members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue three years. Immediately after they shall be assembled, in consequence of the first election, they shall be divi. ded as equally as may be into three classes. The seats of the members of council of the first class shall be vacated at the expiration of the first year; of the second class at the expiration of the second year; and of the third class at the expiration of the third year, so that one third may be chosen every year; and if vacancies happen by resignation or otherwise, the same shall be filled at the next ensuing election. The house of representatives shall, at its first session, consist of eighteen members, possessing the same qualifications as prescribed for members of the council, and whose term of service shall continue one year. The number of 'representatives may be increased by the legislative assembly from time to time, in proportion to the increase of qualified voters : Provided, That the whole number shall never exceed thirty. An upportionment shall be made, as
nearly equal as practicable, among the several counties Election of or districts, for the election of the council and representa' members of legis, tives, giving to each section of the Territory representation
in the ratio of ils qualified voters, as nearly as may be. And the members of the council and of the house of representatives shall reside in and be inhabitants of the
district, or county, or counties, for which they may be Previous to first elected' respectively. Previous to the first election, the election, gover: governor shall cause a census or enumeration of the inhabitcensus to he ants and qualified voters of the several counties and dis
tricts of the Territory to be taken by such persons, and in such mode, as the governor shall designate and appoint; and
the persons so appointed shall receive a reasonable.compenTime, place, and sation therefor, and the first election shall be held at such manner of holding me and
time and places, and be conducted in such manner, both as to the persons who shall superintend such election, and the returns thereof, as the governor shall appoint and direct; and he shall, at the same time, declare the number of members of the council and house of representatives to which each of the counties or districts shall be entitled under this act; and the governor shall, by his proclamation, give at least sixty days previous notice of such apportionment, and of the time, places, and manner of holding such election. The persons having the highest number of legal votes in each of said council districts for members of the council shall be de. clared by the governor to be duly elected to the council; and the persons having the highest number of legal votes for the
house of representatives shall be declared by the governor to Protisor fi be duly elected members of said House : Provided, That, in
case two or niore persons voted for shall have an equal number of votes, and in case a vacancy shall otherwise occur, in either branch of the legislative assembly, the governor shall order a new election, and the persons thus elected to the legislative assembly shall meet at such place, and on such day, within ninety days after such elections, as the governor shall ap. point; but, thereafter, the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives, according to the number of qualified voters, shall be prescribed by law, as · well as the day of the commencement of the regular sessions of the legislative assembly : Provided, That no session in any one year shall exceed the term of sixty days, except the Term of sesfirst session, which shall not be prolonged beyond one hun- sious limited. dred days.
Sec. 5. And be it further enacted, That every white male Qualifications of inhabitant above the age of twenty.one years, who shall have been a resident of said Territory at the time of the passage of this act, and shall possess the qualifications hereinafter pre.. scribed, shall be entitled to vote at the first election, and shall be eligible to any office within the said Territory, but the qualifications of voters and of holding office, at all subse. quent elections, shall be such as shall be prescribed by the legislative assembly : Provided, That the right of suffrage Proviso-right and of holding office shall be exercised only by citizens of the i United States above the age of twenty-one years, and those be exercised only
by citizens of the above that age who shall have declared, on oath, their inten. United States and tion to become such, and shall have taken an oath to support this the constitution of the United States and the provisions of liminary steps for this act : And provided further, That no officer, soldier, sea. No person be. man, or marine, or other person in the army or navy of the longing to the
aray or navy United States, or attached to troops in the service of the Uni. of the United ted States, shall be allowed to vote in said Territory, by allowed to vote in reason of being on service therein, unless said Territory is i and has been for the period of six months his permanent his permanent domicil: Provided further, That no person belonging to the months. &c.
No person be. army or navy of the United States shall ever be elected to or i hold any civil office or appointment in said Territory.
Sec. 6. And be it further enacted, That the legislative shall be elected power of the Territory shall extend to all rightful subjects of toe legislation not inconsistent with the constitution and laws of lative power. the United States; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States ; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. All the laws passed by the legislative assembly shall be submitted to the Con. gress of the United States, and if disapproved, shall be null and of no effect: Provided, That nothing in this act shall , Proviso-nothbe construed to give power to incorporate a bank, or any in shall be con stitution with banking powers, or to borrow money in the
of suffrage and of holding office to
those who shall have taken pre.
States shall be
said Territory unless it has been
domicil for six
longing to army and navy of the L'nited States
to any civil office.
Extent of legis.
ing in this act
me power to charter
money or to grant the privilege of
inconsistent with this act to be null and void.
islative assembly shall embrace but
to be appointed
legislative assem. bly may pre. scribe.
a bank or borrow name of the Territory, or'te pledge the faith of the people of
of the same for any loan whatever, either directly or indirectly. issuing and circu. No charter granting any privilege of making, issuing, or put. lating potes, bills, &c., &c.
ting into circulation any notes or bills in the likeness of bank
tory, in any mode or manner whatever, except certificates for All such laws services to said Territory; and all such laws, or any law or
in laws inconsistent with the provisions of this act, shall be
utterly null and void ; and all taxes shall be equal and uniform, and no distinction shall be made in the assessments between different kinds of property, but the assessments shall be according to the value thereof. To avoid improper influ
ences which may result from intermixing in one and the All acts of leg. same act such things as have no proper relation to each other,
buy every law shall embrace but one object, and that shall be ex. one object. pressed in the title.
Certain oficers Sec. 7. And be it further enacted, That all township, disin such manner as trict, and county officers, not herein otherwise provided for,
: shall be appointed or elected in such manner as shall be
provided by the legislative assembly of the Territory of
Oregon. Restrictions on Sec. 8. And be it further enacted, That no member of the lative assembly legislative assembly shall hold, or be appointed to, any office to appoint which shall have been created, or the salary or emoluments
of which shall have been increased, while he was a member, during the term for which he was elected, and for one year after the expiration of such term ; but this restriction shall not be applicable to members of the first legislative assem• bly; and no person holding a commission or appointment under the United States shall be a member of the legislative assembly, or shall hold any office under the government of
said Territory. Judicial power, Sec. 9. And be it further enacted, That the judicial power
; of said Territory shall be vested in a supreme court, district Supreme court, courts, probate courts, and in justices of ihe peace. The su
preme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually, and they shall hold their offices during the period of four years, and until their successors shall be ap.
pointed and qualified. The said Territory shall be divided District courts. into three judicial districts, and a district court shall be held
in each of said districts by one of the justices of the supreme, court, at such times and places as may be prescribed by law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The
members of legis.
ments to ottice.