TERRITORY OF OREGON. Act of August 14, 1848; 9 Stats., 323, Aug. 14, 1848. 1851, ch. 9. Ter Proviso as Indians in said CHAP. CLXXVII.-An Act to establish the Territorial Government of Be it enacted by the Senate and House of Representatives ernment for fer of the United States of America in Congress assembled, ritory of Oregon That from and after the passage of this act, all that part established. of the Territory of the United States which lies west of the summit of the Rocky Mountains, north of the fortysecond 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: to Provided, That nothing in this act contained shall be conTerritory. strued to impair the rights of person or property now pertaining 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 Title to mis- had never passed: And provided, also, That the title to the sionary stations 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 contained shall be construed to inhibit the government of the United Power to di-States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States. confirmed. vide said Territory reserved. The executive power to be vest SEC. 2. And be it further enacted, That the executive ed in a governor; power and authority in and over said Territory of Oregon his tenure of shall be vested in a governor, who shall hold his office for duties, and emol- four years, and until his successor shall be appointed and office, powers, uments. qualified, unless sooner removed by the President of the Ünited 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 Secretary; his superintendent of Indian affairs; he may grant pardons 1850, ch. 16, § 3. 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 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. SEC. 3. And be it further enacted, That there shall be a powers and dusecretary of said Territory, who shall reside therein, and ties. hold 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 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 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, death, resignaresignation, or absence of the governor from the Terri- tion, or removal tory, the secretary shall be, and he is hereby, authorized secretary to act and required to execute and perform all the powers and as governor. duties of the governor during such vacancy or absence, or until another governor shall be duly appointed and qualified to fill such vacancy. In case of of governor, the Legislative as house of repre SEC. 4. And be it further enacted, That the legislative sembly to consist power and authority of said Territory shall be vested in of a council and a legislative assembly. The legislative assembly shall con- sentatives. How sist of a council and house of representatives. The council composed. 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 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 Proviso. number shall never exceed thirty. An apportionment shall be made, as nearly equal as practicable, among the Election members of legis election gov taken. and manner of holding tions. of several counties or districts, for the election of the council lative 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 county, or counties, for Previous to first which they may be elected respectively. Previous to the ernor shall cause first election, the governor shall cause a census or enumera census to be ation of the inhabitants or 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 Time, place, reasonable compensation therefor; and the first election elec- 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 members of said house: Proviso for new 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 ninety days after Times, &c., of such elections, as the governor shall appoint; but, there elections. elections. after, 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 first session, which shall not be prolonged beyond one hundred days. SEC. 5. And be it further enacted, That 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 of suffrage and of liminary steps for longing to the ritory unless it for six months, longing to army civil office. Extent of legis office, at all subsequent elections, shall be such as shall be prescribed by the legislative assembly: Provided, That Proviso: right the right of suffrage and of holding office shall be exer- holding office to cised only by citizens of the United States above the be exercised only age by citizens and of twenty-one years, and those above that age who have those who shall declared, on oath, their intention to become such, and shall have taken prehave taken an oath to support the constitution of the naturalization. United States and the provisions of this act: And provided No person befurther, That no officer, soldier, seaman, or marine, or army or navy to other person in the army or navy of the United States, or vote in said Terattached to troops in the service of the United States, has been his pershall be allowed to vote in said Territory, by reason of manent domici being on service therein, unless said Territory is and has &c. been for the period of six months his permanent domicil: No person beProvided further, That no person belonging to the army or navy shall be or navy of the United States shall ever be elected to or elected to any hold any civil office or appointment in said Territory. SEC. 6. And be it further enacted, That 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 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 Proviso: nothnothing in this act shall be construed to give power to ing in this act incorporate a bank, or any institution with banking pow- strued as giving ers, or to borrow money in the name of the Territory, or a bank, or borrow to pledge the faith of the people of the same for any loan money grant the priviwhatever, either directly or indirectly. No charter grant-lege of issuing ing any privilege of making, issuing, or putting into cir- notes, bills, &c., culation 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 shall be con power to charter or to and circulating &c. inconsistentwith for services to said Territory: and all such laws, or any All such laws law or laws inconsistent with the provisions of this act, this act to be null shall be utterly null and void; and all taxes shall be equal and void. 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 All acts of legisimproper influences which may result from intermixing in shall embrace one and the same act such things as have no proper rela- but one object, tion to each other, every law shall embrace but one object, and that shall be expressed in the title. lative assembly Certain officers to be appointed as legislative as SEC. 7. And be it further enacted, That all township, in such manner district, and county officers, not herein otherwise provided sembly may pre- for, shall be appointed or elected in such manner as shall be provided by the legislative assembly of the Territory of Oregon. scribe. members of legis as to appoint Restrictions on SEC. 8. And be it further enacted, That no member of lative assembly the legislative assembly shall hold, or be appointed to, any ments to office. 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 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. Judicial power, viz.: District Courts. Peace. SEC. 9. And be it further enacted, That the judicial Supreme Court. power of said Territory shall be vested in a Supreme Court, District 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 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 appointment, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the Probate Courts and Justices of the of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any case in which the title to land shall in any wise come in question, or where the debt or damages claimed shall exceed one hundred dollars; and the said Supreme and District Courts, respectively, shall possess chancery Each District as well as common law jurisdiction. Each District Court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office Writs of error, at the place where the court may be held. Writs of error, ed from deci- bills of exception, and appeals, shall be allowed in all cases sions of District from the final decisions of said District Courts to the Courts to Supreme Court. Supreme Court, under such regulations as may be prescribed by law; but in no case removed to the Supreme Court Supreme Court shall trial by jury be allowed in said court. The Supreme Court, or the justices thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the Writs of error, Court for which he shall have been appointed. Writs of sions of Supreme error and appeals from the final decisions of said Supreme Court to be al- Court shall be allowed, and may be taken to the Supreme preme Court of Court of the United States, in the same manner and under the same regulations as from the Circuit Courts of the Court to appoint its clerk. &c., to be allow to clerk. appoint its &c., from deci lowed to Su the United States. |