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Dutie«ofoific«Ts Sec. 3. And be it further enacted, That any officer so io 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, and 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. Reports of such Sec. 4. And be it Jurther enacted, That all such reports befor?1 secreury shall, as speedily as may be, be laid before the Secretary of of the Treasury, the 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.

i Appropriation Sec. 5. And be it further enacted, That the sum of six i^mal'l^riaT'} thousand dollars be, and the same is hereby appropriated, out j«herwood s 0f anv money in the treasury not otherwise appropriated, to "'" 1 J 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 States of America in Congress asTemporary gov- sembled, That from and after the passage of this act, all

ernmentfor Ter- '_ . _ , JT ,° — ■.•'<•

ritory of Oregon that part of the Territory of the United States which lies 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: Froviioaatoin Provided, That nothing in this act contained shall be con

dians m said 1 er- t - • , • ■ /.

ritory. 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 nrmedatM °°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.

13

Loguutive u- Sec. 4. And 1?e it farther enacted, That the legislative ofmabcU0TCi>iniild power and authority pf said Territory shall be vested in a ustotiru rfpre* 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 divided as equally as may be into three classes. The seats of the members of council of the first class shall be vacated ac 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 qualificai tions 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 ts time, in proportion to the increase of rroviso qualified voters: Provided, That the whole number shall never exceed thirty. An apportionment shall be made, as nearly equal as practicable, among the several counties Election of or districts, for the election of the council and representaTM«mbcnonegii- tives, giving to each section of" the Territory representation "in the ratio of its 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 TreTiotu to first elected respectively. Previous to the first election,'the ■orthSucfSiea governor shall cause a census or enumeration of the inhabitto ^ ants and qualified voters of the several counties and districts 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 compen•rnne, place, and sation therefor; and the first election shall be held at such tlecuons- 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 i sixty days previous notice of such apportionment, and of the

** time, places, and manner of holding such election. The per

sons having the highest number of legal votes in each of said council districts for rgembers of the council shall bede. , dared 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 Who. fs be duly elected members of said House: Provided, That, in case two or more 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 i 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 ^ ,ei. first session, which shall not be prolonged beyond one hun- •toMUmited. dred days.

Sec. 5. And be it further enacted, That every white male v^^ifif:»tio,uot inhabitant above the age of twenty-one years, who shall have v been a resident of said Territory at the time of the passage of this act, and shall possess the qualifications hereinafter prescribed, 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 subsequent elections, shall be such as shall be prescribed by the legislaiive assembly: Provided, That the right of suffrage Proviso—right and of holding office shall be exercised only by citizens of the tm^tt^t United States above the a*e of twenty-one years, and those j>ee*«c«edopiy

. . . 11110 it i t t by citizens of the

above that age who shall have declared, on oath, their inten- i iuted states and tion to become such, and shall have taken an oath to support tTkeVp^ the constitution of the United States and the provisions of ^TuraiLaufi'" this act: And provided further, That no officer, soldier, Sea- No person beman, or marine, or other person in the army or navy of the a°°8jri,lsort° United States, or attached to troops in the servicepf the Uni- |[aletIhe,h^jlil^d 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 '^TtTiu'^n and has been for the period of six months his permanent ^eif*TM""' domicil: Provided further, That no person belonging to the months, See. army or navy of the United States shall ever be elected to or 10?f°u4^°'irJ»V hold any civil office or appointment in said Territory. united"'* state"

Sec. 6. And be it further enacted, That the legislative ■hall be elected power of the Territory shall extend to all rightful subjects of ,0£trtB{v0r ifgu-' legislation not inconsistent with the constitution and laws of uuTM p°w*r 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 Congress of the United States, and if disapproved, shall be null and of no effect: Provided, That nothing in this act shall jnPr?n'i't0h'^,l0th" be construed to give power to incorporate a bank, or any in- .nfii10 be" constitution with banking powers, or to borrow money in the TMTM£ f* cf££* ; acts of leg- same act such things as have no proper relation to each other, cmbJ^ebut CVCI7 law shall embrace but one object, and that shall be ex

it bank or borrow name of the Territory, or'to pledge the faith of the people of 5oM/riVitage*of the same for any loan whatever, either directly or indirectly. •a'i^'loTei'biS" ^° cnarter granting any privilege of making, issuing, or putfcc., Ic° **' 'ting into circulation any notes or bills in the likeness of bank notes, or any bonds, scrip, drafts, bills of exchange or obligations, or granting any other banking powers or privileges, shall be passed by the legislative assembly; nor shall the establishment of any branch or agency of any such corporation, derived from other authority, be allowed in said Territory; nor shall said legislative assembly authorize the issue of any obligation, scrip, or evidence of debt by said Territory, in any mode or manner whatever, except certificates for Au such iaw« services to said Territory; and all such laws, or any law or tus'acuobcnuu 'aws inconsistent with the provisions of this act, shall be *»dvoid. 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 influences which may result from intermixing in one and the

AU ac illative i shall embrace b_.

one object. pressed in the title, certain officers Sec. 7. And be it further enacted, That all township, dis

to be appointed . . ^ . .' . . . , rI .

in such manner as tnct, and county officers, not herein otherwise provided for, bifuUmay"pre- shall be appointed or elected in such manner as shall be «ribe. provided by the legislative assembly of the Territory of

Oregon.

mrabenofie ?s" ^EC' ®" "^"^ *e ** furl^er enacted, That iio member of the lative assem Biy legislative assembly shall hold, or be appointed to, any office meouto*m«0ef 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, gEC 9 ^Hc[ je {(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 the peace. The supreme 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 appointed and qualified. The said Territory shall be divided District courts. Int0 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

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