Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-10-25
Public Laws Of the United states
BY AUTHORITY.
Acts and Resolutions passed at the First
&ssion Of the Thirtseth Congress.


.Acts and Resolutions passed at the First
Session Of the Thirtseth Congress.
(PuBLIC-No. s9.l
AN ACT establish the Territorial government OF
Oregon.
Be it enacted by the Senate and House of Repre-
senfdtres Of the United States Of America, in Con-
gress assembled, That from and ater the passage OF
this act, all 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 temporary
government by the of the Terrltoro of Oregon:
Provided, That nothing in this act contained shall be
construed to impair the rights Of person prop
erty now pertaining to the Indians in said Territory,
SO long such rights snail remain unextinguished
by treaty between the United States and such Indi-
ans, or to affect the authority Of the government of
the United States to make any regulation respecting
such Ildians their lands, property OF other rights,
| by treaty, law, or otherwise, which would have
been competent to the government to make if this
act had never passed: And prorided dso, That the
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 ProviGed further, That nothing il this con-
tanned shall be construed to inhibt the government
of the United States from dividing said territory
into two more territories, in such manner and at
such times Congress shall deem Convenient and
proper, or from attaching any portion Of said Ter
ritory to any other State Territoryof the United
! States.
SEC. 2. And be further enacted, That the exec,,.
tive power and authority in and oveI said Territory
Of Oregon shall be vested in governor, who shall
hold his Office for four years, and until his success
or shall be appointed and qualified Unless sooner re-
moved by the President of the United States. The
governor Shall reside within said Territory, shall be
commander-in-chief Of the militi, thereof, shall
| perform the duties and receive the emoluments of
superintendent of Indian affairs, he may grant par
dons 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 exc.
cuted.
SEC. 3. And be further enacted, Tint there shall
! be secretary OF said Territory, who shall reside
therein, and 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 herein
after constituted, and all the acts and proceeding
OF the governor in his executive departments he shat
transmit one copy of the laws and surna!s of the
gislatve assembly within thirty DAYS after the end
each session. and one copy of the executive proceed
/ iHSS anu oHlClii correspondence, mlannualy, OIL
the first days of January and july in each year to thu
President of the United States and two cories
laws TO the President of the senate ard the sp
ker OF the House Of Representatives for the o
| Congress. And in case ofthe death, REMOVAL resig
nation, or absence Of the governor from the Terrific
tory the secretary shall be, and he is hereby autho
Tlzed and required to execute and perform all tbs
powers and duties of the governor during such va
cancy or absence, or until another governor shall bt
duly appointed and qualified to I'LL such vacancy.
tive power and authority of said Territory shall Ia
vested IN a legislative assembly The legislative
sembly shall consist of council and house of repre-
SentatIveS. The council shall consist OF nine mem
bers having the qualifications of voters hereinaf
ter prescribed whose term Of service shall continue
three years. Immediately aiieI they shall be assem-
bled, in consequence of the first election, they shall
be divided as equally may be into three classes
The seats of the members of council of the first class
shall be vacated at the expiration of the second
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 10y resignation 9TH
erwise, the same shall be filed at the next ensuing
election. The house Representatives shall, at its
first session, consist of eighteen members, posses
sing the same qualifications prescribed for mem
berS of the council and whose term of service dhal
Continue one year. The number of repre- scntatives
may be increased by the legislative assembly from
time to time, in proportion to the increase of quail
Heu 'oteIh' fTOUtHd, lH3t the Whole Siitil
never exceed thirty. An apportionment shall be
made, as nearly equal practicable among the Sc
veral counties or districts, for the election Of the
council and representatives. giving to each section
or the Territory, representation in the ration of its
qualified voters, nearly as NAV be. And the
bers of the council and of the house of representa-
tveS shall reside in and be inhabitants OF the dis
trlct, or county, or counties, for which they may be
elected reSpec lively. Previous to the first election,
the governor shall cause a census enumeration of
fhn nhnhI nr al
counties and districts of the Territory to be taken by
such persons, and in such mode, as the governor
Shall designate and appoints and the persons so APP
pointed shall receive a reasonable compensation
therefor and the first election shall be held at such
times 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 districts shall be entitled, under this act:
and the governor shall, by his proclamation, Give at
least sixty days previous notice Of such appointment,
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 60
vernon to be duly elected to the councils and the per-
sons having the highest number of legal votes for the
house of representatives shall be declared by the 60
vernon to be duly elected members OF said house
Provided, That, in two or more persons voted
case vacancy shall otherwise occur either branch
OF the legislative assembly, the governor shall order
new election. and the persons thus elected to the
legislative assembly shall meet at such place, and on
such days within ninety days after such elections,
the governor shall appoint but, thereafter, the time,
place, and manner of holding and conducting all cleo
tons by the people, and the app0rtOning the repre-
sentation in the several counties districts to the
council and house of representatives., according to
the number of qualified voters, shall be prescribed
by law, well as the day of the commencement of
the regular sessions of the Legislative assembly !:
Provided, That session in any year shall en-
coed the term of sixty days, except the first session,
which shall not be prolonged beyond one hundred
days.
Sec. s. And bth further enacted, That every white
male inhabitant above the age of twenty years,
who shall have been a resident of said Territory at
the time of the passage Of this act, and shall
the qualifications hereinafter prescribee, shall be
titled to vote at the first election, and shall be elig
BILE to any Office within the said Territory; but the
qualifications of voters and of holding office, at all
subsequent elections, shall he such shall be pre-
scribed by the legislative assembly: Provided That
the right of suffrage and of holding Office shall be
ercised only by bizens of the United States above
the age of twenty-one years, and those above that
age who shall have declared oath, their intention
to become such, and shall have taken oath to sup
provisions of this act And prouided further, That
in the army navy of the United States, at
tached to troops in the service of the United States
shall be allowed to vote in said Territory, by
of being service theren unless said Territory is
and has been for the period Of six months his per-
manent domicil: Provided further, That no person