Indian rights not the territory of Oregon, shall be organized into and constitute a temporary government, 14 August 1848. by the name of the territory of Oregon: Provided, That nothing in this act contained Territory of Oreshall be construed to impair the rights of person or property now pertaining to the gon. Indians in said territory, so long as such rights shall remain unextinguished by treaty to be impaired. 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 mission title to the land, not exceeding six hundred and forty acres, now occupied as missionary stations among the Indian tribes in said territory, 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 May be divided, contained shall be construed to inhibit the government of the United States from dividing or attached to said territory into two or more territories, in such manner and at such times as congress territories. shall deem convenient and proper, or from attaching any portion of said territory to any other state or territory of the United States. II. EXECUTIVE AUTHORITY. lands coLfirmed. other states or 9 Stat. 324. Residence. 2. The executive power and authority in and over said territory of Oregon shall be 14 Aug. 1848 & 2 vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president of the United States. Governor. The governor shall reside within said territory, shall be commander-in-chief of the militia Term of office. thereof, [shall perform the duties and receive the emoluments of superintendent of Indian affairs]: (a) he may grant pardons and respites for offences against the laws of said ter- His powers and ritory, and reprieves for offences against the laws of the United States, until the decision duties. of the president can be made known thereon; he shall commission 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. Ibid. 2 3. Secretary. duties. 3. There shall be a secretary of said territory, who shall reside therein, and bold his office for five years, unless sooner removed by the president of the United States; he shall record and preserve all the laws and proceedings of the legislative assembly herein- His powers and after 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 proceed ings and official correspondence, semi-annually, on the first days of January and July ir each year, to the president of the United States; 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 absence of the governor from on to act as the territory, the secretary shall be and he is hereby authorized and required to execute and perform all the powers and duties of the governor, during such vacancy or absence, or until another governor shall be duly appointed and qualified to fill such vacancy. III. LEGISLATIVE POWER. governor. 9 Stat. 324. the legislative a 4. The legislative power and authority of said territory shall be vested in a legislative 14 Aug. *848 § ◄ assembly.(b) The legislative assembly shall consist of a council and house of representatives. The council shall consist of nine members, having the qualifications of Constitution of voters as hereinafter prescribed, whose term of service shall continue three years. Im-sembly. mediately after they shall be assembled in consequence of the first election, they shall Council. be divided 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 resig nation or otherwise, the same shall be filled at the next ensuing election. The house of Jouse of repre 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 apportionment shall be made, Apportionment. as nearly equal as practicable, among the several counties or districts, for the election of the council and representatives, 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 Residence. (a) This clause is repealed by act 5 June 1850. 9 Stat. 437. See tit.Indians," 27. (b) Under this act, the concurrence in, and approval, by the sentatives. governor, of the acts of the legislative assembly, is not required 5 Opin. 359. Census. First election. 14 August 1848 county, or counties, for which they may be elected respectively. Previous to the first election, the governor shall cause a census or enumeration of the inhabitants 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 compensation therefor. And the first election shall be held at such 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 declared 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 be duly elected New election in 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 Subsequent elec- ninety days after such elections, as the governor shall appoint; 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 assemDuration of ses bly: Provided, That no session in any one year shall exceed the term of sixty days, except the first session, which shall not be prolonged beyond one hundred days. case of vacancy, &c. tions. sions. Ibid. 25. Qualifications of voters. Ibid. 26. Extent of legislative power. Restrictions. 5. Every white male 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 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 legislative assembly: Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States above the age of twenty-one years, and those above that age who shall have declared, on oath, their intention to become such, and shall have taken an oath to support the constitution of the United States and the provisions of this act: And provided further, That no officer, soldier, seaman or marine, or other person in the army or navy of the United States, or attached to troops in the service of the United States, shall be allowed to vote in said territory, by reason of being on service therein, unless said territory is and has been for the period of six months his permanent domicil: Provided further, That no person belonging to the army or navy of the United States shall ever be elected to or hold any civil office or appointment in said territory. 6. The legislative power of the territory shall extend to all rightful subjects of legislation not inconsistent with the constitution and laws of 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 nonresidents 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 be construed to give power to incorporate a bank, or any institution with banking powers; or to borrow money in the name of the territory; or to pledge the faith of the people of the same for any loan whatever, either directly or indirectly. No charter granting any privilege of making, issuing or putting 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 services to said territory; and all such laws, or any law or 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 influences which may result from intermixing in one and the same act such things as have no proper rela tion to each other, every law shall embrace but one object, (a) and that shall be expressed 14 August 1848. in the title. 7. All township, district 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. Ibid. 27. Ibid. 28. Exclusion of office. 8. No member of the legislative assembly shall hold, or be appointed to, any office 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 members from one year after the expiration of such term; but this restriction shall not be applicable' to members of the first legislative assembly. 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. 9 Stat. 567. 21. 9. In addition to the number of officers already authorized by law, (b) to be employed 19 Feb. 1851 ? by the legislative assemblies of Oregon and Minnesota territories, the said legislative assemblies are hereby authorized, during their sessions, to employ one clerk for each Additional clerk. branch thereof, whose pay per diem shall be the same as is now provided by law to be paid other clerks of said legislative assemblies. IV. JUDICIARY. 10. The judicial power of said territory shall be vested in a supreme court, district 14 Aug. 1848 ? 9. courts, probate courts and in justices of the peace. The supreme court shall consist of 9 Stat. 326. courts. a chief justice and two associate justices, any two of whom shall constitute a quorum, Supreme court. and who shall hold a term at the seat of government of said territory (c) 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 into three judicial District courts 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 jurisdiction of the several courts herein provided for, both Jurisdiction. appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of Justices of the any case in which the title to land shall in anywise come in question, or where the debt peace. or damages claimed shall exceed one hundred dollars. And the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction. Each Clerks of district district court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs Errors and of error, bills of exception and appeals, shall be allowed in all cases from the final deci- appeals. sions of said district courts to the supreme court, under such regulations as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court, or the justices thereof, shall appoint its Clerk of supreme own clerk; and every clerk shall hold his office at the pleasure of the court for which he court. shall have been appointed. Writs of error and appeals from the final decisions of said Jurisdiction of supreme court shall be allowed, and may be taken to the supreme court of the United supreme court of States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed two thousand dollars, and in all cases where the constitution of the United States, or acts of congress, or a treaty of the United States, is brought in question. And each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution of the United States, and the laws of said territory, as is vested in the circuit and district courts of the United States; writs of error and appeal in all such cases shall be made to the supreme court of said territory, the same as in other cases. Writs of error and appeals from the final decisions of said supreme court shall be allowed, and may be taken to the supreme court of the United States, in the same manner as from the circuit courts of the United States, where the value of the property, or the amount in controversy, shall exceed two thousand dollars. And each of Powers of the dis said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution and laws of the United States, as is vested in the circuit and district courts of the United States, and also of all cases arising under the laws of the said territory, and otherwise. The said clerk shall receive, in all such cases, the same fees Fees of clerks. which the clerks of the district courts of the late Wisconsin territory received for similar services.(d) 11. There shall be appointed an attorney for said territory, who shall continue in office for four years, and until his successor shall be appointed and qualified, unless sooner (a) Any law which embraces more than one subject, is in violation of the act of congress, and is utterly null and void. 5 Opin. 859, 525. (b) See tit. "Territories," 9. (a) See the general fee-bill of 1853. the United States. trict courts. Ibid. 10. Marshal. 14 August 1848. removed by the president; and who shall receive the same fees and salary as were proDistrict attorney. vided by law for the attorney of the United States for the late territory of Wisconsin. (a) There shall also be a marshal for the territory appointed, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president; and who shall execute all processes issuing from the said courts, when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulation and penalties, [and be entitled to the same fees, as were provided by law for the marshal of the district court of the United States for the present [late] territory of Wisconsin; and shall, in ad dition, be paid two hundred dollars annually as a compensation for extra services.(a)] 12. Until otherwise provided for by law, the governor of said territory may define the judicial districts of said territory, and assign the judges who may be appointed for said territory, to the several districts; and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts, by proclamation, to be issued by him; but the legislative assembly, at their first or any subsequent ses sion, may organize, alter or modify such judicial districts, and assign the judges, and alter the time and places of holding the courts, as to them shall seem proper and convenient. Ibid. 21. Judicial districts. 14 Aug. 1848 23. 9 Stat. 331. V. COLLECTION DISTRICTS. 13. All the ports, harbors, shores and waters of the main land of the territory afore said shall constitute a collection district, to be called the district of Oregon; (b) and a District of Ore- port of entry shall be established at Astoria, near the mouth of the Columbia river, and a collector of customs shall be appointed by the president, by and with the advice and consent of the senate, to reside at such port of entry. gon. Ibid. 8 24. Ports of delivery. Ibid. 25. officers. 14. That the president of the United States be and he is hereby authorized to establish such ports of delivery in the district created by this act, not exceeding two in number, (one of which shall be located on Puget's Sound) as he may deem expedient, (c) and may appoint, by and with the advice and consent of the senate, surveyors to reside thereat. 15. The collector of said district shall be allowed a compensation of one thousand Compensation of dollars per annum, and the fees allowed by law; and the compensation of any surveyor appointed in pursuance of this act shall not exceed five hundred dollars per annum, including in said sum the fees allowed by law. And the amount collected by any of said surveyors for fees in any one year, exceeding the sum of five hundred dollars, shall be accounted for and paid into the treasury of the United States. (d) Ibid. 2 26. 14 Feb. 1851 1. 9 Stat. 566. Umpqua. Oregon. 16. That the revenue laws of the United States be and are hereby extended over the territory of Oregon. 17. In the territory of Oregon there shall be three collection districts, with a port of entry to each district, to wit: Umpqua, Oregon and Puget's Sound. The district of Umpqua shall include all the land, bays, harbors, rivers and shores embraced in that portion of the territory aforesaid, lying between the forty-second and forty-fourth degrees of north latitude; and a collector shall be appointed, in pursuance of existing laws, for said district; and Scottsville shall be and is hereby made a port of entry and delivery for said district, at which the collector shall reside. The district of Oregon shall include all the land, bays, rivers, harbors and shores embraced within that portion of the territory of Oregon, lying between the forty-fourth and forty-sixth and a half degrees of north latitude, embracing the coast of the Pacific west of the Coast Range of mountains, up to the forty-eighth degree of north latitude; and Astoria shall be the port of entry Puget's Sound. for the district, at which the collector shall reside. The district of Puget's Sound shall include all the land, bays, harbors, river and shores in the territory, not embraced in either of the before-mentioned districts, to wit: all that portion of the coast lying be tween the forty-eighth degree of north latitude and the northern boundary of said terri tory, and embracing all the land and waters lying north of the forty-sixth and a half degree of latitude, and east of the Coast Range of mountains; and a collector shall be appointed, in pursuance of existing laws, for said district; and Olympia shall be the port of entry and delivery for said district, at which place the collector shall reside. Nasqually and Nasqually and Portland, constituted ports of delivery, with surveyors to reside thereat, in pursuance of the act of congress, approved 14th August 1848, shall be continued as ports of delivery for su h districts created by this act, within the limits of which they may respectively be situated. Portland, ports of. delivery. Ibid. ? 2. Compensation of officers. 18. The collectors of the districts of Umpqua, Oregon and Puget's Sound shall be allowed one thousand dollars each per annum, with additional maximum compensation of two thousand dollars each per annum, should their respective official emoluments and (a) See the general fee-bill of 1853. (b) See infra, 17. (c) The president, by proclamation of 10 January 1850, created Nasqually and Portland. ports of delivery under this act. 9 Stat. 1003. And see infia, 17. (d) See infra, 18. fees, provided by existing laws, amount to that sum; and the surveyors at Nasqually 14 Feb. 1851. and Portland shall be allowed, in addition to the fees authorized by existing laws, a compensation of one thousand dollars each per annum. Ibid. 23. Pacific City and 19. Pacific City, on Baker's Bay, and Milwaukie, on the Willamette river, in the collection district of Oregon, established by this act, are hereby constituted ports of delivery; and surveyors of the customs shall be appointed, in conformity to law, to reside Milwaukie, ports thereat, whose compensations, in addition to the fees authorized by existing laws, shall not exceed one thousand dollars each per annum. of delivery. 10 Stat. 24. 20. That the president of the United States be and he is hereby authorized to desig- 21 July 1852 § 1. nate the places for the ports of entry for the collection districts of Puget's Sound and Umpqua, in the territory of Oregon, upon receiving satisfactory information as to the Puget's Sound best location for said ports, instead of the places now established by law in said districts respectively. and Uniqua, ports of cutry. Ibid. 22. of collector at 21. That the annual compensation of the collector at Astoria, in the collection district of Oregon, in said territory, be and the same is hereby fixed at the sum of three thousand Compensation dollars, including the fees of his office, commencing on the first day of July, in the year Astoria. 1850; and in no event shall he be allowed a greater amount than said sum of three thousand dollars, so including the present fees of his office as aforesaid. 10 Stat. 629. Perpetua. 22. That there be and hereby is constituted and established the collection districts 2 March 1855 § 1. of Cape Perpetua and Port Orford, in the territory of Oregon. That the first-named district shall embrace the coast of the Pacific Ocean, from Kowes Bay, exclusive, to District of Cape Cape Perpetua, and all of the said territory lying south of a line running parallel with the southern boundary line of Oregon, from Cape Perpetua to the eastern boundary of Oregon, except so much as is included in the district of Port Orford, and to include all the islands, bays, harbors, inlets, shores, rivers and waters within said boundaries; and that Gardiner (Umpqua) shall be the port of entry for said district. That the last- District of Port named district shall extend from the line dividing said territory and the state of California, along the Pacific coast, so far as to include Kowes Bay; thence east to the one hundred and twenty-third degree of longitude; thence south along said line to the line dividing the state of California and Oregon territory; thence by said line to the place of beginning; and to include all the islands, bays, harbors, inlets, rivers, shores and waters embraced in said boundaries; and that Port Orford shall be the port of entry, and Kowes Bay the port of delivery for said district. Orford. officers. 23. For each of the collection districts of Cape Perpetua and Port Orford, in the ter- Ibid. § 2. ritory of Oregon, the president shall, by and with the advice and consent of the senate, Appointment of appoint a collector, who shall perform the duties of collector and surveyor of the port, and who shall each reside at the port of entry of their respective districts, and receive an annual salary of two thousand dollars each. The secretary of the treasury shall have authority to appoint, on the nomination of said collectors, deputy collectors for each of the above-named districts, equal to the number of the ports of delivery in said districts, or at as many of said ports of delivery as he shall deem expedient; and to fix the compensation of said deputies, not to exceed the sum of one thousand dollars per annum. He may also, if he shall deem it expedient, appoint one clerk for each of said collectors, to keep the accounts of the office, and act as auditor in the settlement thereof, at an annual compensation not exceeding fifteen hundred dollars. He shall also, on the nomination of the said collectors, appoint for said districts, if in his judgment they are necessary, a competent number of weighers, gaugers and measurers, at a compensation not exceeding six dollars per day, each; and such number of inspectors as he shall deem expedient, at a compensation not exceeding four dollars per day, each. VI. MISCELLANEOUS PROVISIONS. 9 Stat. 327. territorial offi 24. The governor, secretary, chief justice and associate justices, attorney and marshal, 14 Aug. 1848 2 11 shall be nominated, and, by and with the advice and consent of the senate, appointed by the president of the United States. The governor and secretary to be appointed as Appointment of aforesaid, shall, before they act as such, respectively take an oath or affirmation before cers. the district judge, or some justice of the peace in the limits of said territory, duly autho- Oath of office. rized to administer oaths and affirmations by the laws now in force therein, or before the chief justice, or some associate justice of the supreme court of the United States, to support the constitution of the United States, and faithfully to discharge the duties of their respective offices; which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the said secretary among the executive proceedings. And the chief justice and associate justices, and all other civil officers in said territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the territory, who may be duly commissioned and qualified; which said oath or affirmation shall be certified and transmitted by the person taking |