The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-07-21
THE NEW COMPROMISE.
TIL E RE RT
TERRITORIAL SELECT COMiirVEE


reported the following bil:-
n Bill 10 EstaJ the Territorial Governments Of Ore
gon. California; md Ntw Meaieo
Be enacted by the Senate and House of Represen-
tatives Of the United states Of America. in Congress
assembled bat r and after the passage Of this
all that part OF the territory Of the United States which
lies west of the summit Of the Rocky Mounains and
north of the forty nd parallel of latitude shall be
organised into and constitute temporary government
by the pame Of the Territory Of Oregon: Provided,
to impair the rights of property now pertain
ing TO the Indians in said territory, long such
rights shall remain unextinsushed by treaty between
the United States such Indians or to affect tho
authority of the government Of the United States
make any regulation respecting such Indians their
lands, property, other rights, by treaty, law or
otherwise. which II would have been competent tho
government TO make if this act had passed
provided further that u thing in this contained
shall lie construe inhibt the government Of the
United States from dividing said territory into
more territories such IL ner and at su CHI shines as
Congress shall convenient and proper; or from
attaching any portion Of said territory to any other
State or Territory of the United States
Sec And be II further enacted, That the executive
power and authority In and said territory of Ore
gon shall be vested in governor, who shall hold his
Office for four years, and until his be
appointed and qualified unless sooner removed by the
President of the Unit States The governor shall re
side within said territory hall be n
OF the miltia thereof shall perform the duties
ceive the cmoluments OF superintende of Indian
laws d te.ry ana renrexes for Iht
the laws of the United til the decision of the
President can be made known thereon he shall com
mission all officers who shall be appointed Office
under tho laws Of sad territory shall take care
that The laws shall be faithfully executed
Sec 5. And be il further enacted That there shall
be secretary of said territory who shall reside
in, and hold his Office for four years, unless
moved by the Preside mt of the United States ho 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 aud one copy OF the executive proceedings,
n or before the first day Of December in each to
he President Of the United States and at the same
time, two copies of the laws to the Speaker of the
House q Representatives and the President tho Sc
afa fha anfr AID
ieath, removal resignation other necessary
IF the governor ON the territory the secretary shall
have and he il hereby authorized and required exc
suite and perform, s the powers md duties of the CO.
ernor. during such vacancy necessary absen or
antil another governor thall be duly appointed fill
Sec q. And be it further enacted That the egsla-
1--we power and authority Of said territory shall be
rested in the legislative assembly The legislative
embly shall consist Of a council and house Of repre-
sentayes. The council shall consist of thirteen men,
bers having the qualifications Of voters hereinafter
prescribed whose term of service shall continue two
years The House OF Representatives shall at its first
sesson consist of twentysix mbers possessing the
same qualifications prescribed for members of tho
council and whore term Of service shall continue
gear The number Of may be increased
by the Legislative assembly from time to time in pro-
portion to the increase Of population provided that
the whole number shall never exceed thirty nine An
apportionmen shall BE- made. as nearly equal prac
ticable among counties districts for the
election of the council and giving to
each 50 ton of the territory representation in the
ratio of its population Indians excepted nearly
may be. And the members Of the council and of the
btans of the district for which they may be elected
respectively Previous to the first election, the 60
vernon shall cause y census or enumeration Of the
inhabitants of the several counties and districts Of
the territory to be taken, and the first election shall
be held at such time and places and be conducted
in such manner. the governor shall appoint and
direct and he shall at the same time declare the
number of members Of the council and House of Re-
which each OF the counties districts
shall be entitled under this act The number Of per-
authorized to be elected having the highest num-
Der of votes in each of council districts for men,
Of the council shall be declared by the governor
be duly elected to the councils and the person per-
her OF for the House of equal to
the number to which each county district shall be
entitled shall be declared BY the governor to Dc duly
vided that in Of tie between two or more per-
voted for the governor shall order new election
to supply the vacancy made by such . tie. And the
persons thus elected TO the gisative assembly shall
meet at such place, aud such day. as the governor
shall appoint; but thereafter the time place and
ner Of holding and conducting all elections by the
people, and the apport,onng the reprcse ntation in
the several counties districts, to the council and
House of representatives, according to population,
shall be prescribed by Law well the day Of the COM
mencement Of the regular sessions 81 the legislative
the term Of sixty days
Sec. 5. And De further enacted, That every free
white male inhabitaDt, above the age of twenty one
years who shall have bren resident of said territory
at the time of the of this act shall be entitled
to the election and shall be eligible any
office within the said territory; but the qualifications
Of voters and of holding Office at all subsequent
tions shall be such snail be prescribed by the legs
Iative assembly, provided that the right Of suffrage
and Of holding ocr shall be exercised ony by citizens
ofthe United States, and those who shall have declared
on oath their intention to become such, and shall
have taken oath to support the constitution Of the
United States. and he visions Of this act.
Sec. o. And be it rtber enacted That the legisa
tive pow the territory shall extend to all rghtful
subjects oflegslaton Mt with the contribution
the United States and the provisions of this act;
but law shall be passed interfering with the primary
disposal Of the soil; tax shall be imposed upon the
property Of the United States; shall the lands or
other property of nonresidents be taxed higher than
the lands other property Of residents All the laws
passed by the legislative assembly shall be submitted to
the Congress of the United States and dsapproved
shall be null and Of no ef' CT
Sec T. And be it furth~r enacted, That all town.
ship district, and county officers not herein other
wise provided for, shall be appointed or elected as the
case may be, in such manner as shall be provided by
the legislative assembly of the territory OF Oregon The
governor shall n. inmate, and by and with the advice
and of the Legislative council appoint all off,
GERS not Gin otherwise for nd in the first
instance the governor alone may appoint all said off,
GERS, who shall hold their offices until the end of the
next session Of The Legislative assembly
Sec. 3. And be 1t further enacted That no member
%: the legislative emily shall hold be appointed
to any Office which shah have been created, the
ealary or emoiuments # which have been increased
while he a member during tho term for which he
elected, and fer after the expiration Of
such term and no pcreon holding n commission or
appoiD, mt under the United States except post
masters. shall be mber Of the legislative assembly
or shall hold any office under the goyernmcnt Of said
territory
Sec g. And be it further enacted, That the judicial
power Of said territory shall be vested in supreme
court district courts probate urts and in justices Of
The peace The supreme court shall consist of chief
justice and two associate Justices any two of whom
sball constitute a quorum and who shall hold term
ut the Feat OF of said terri DRY nusly
and they shal hold their ,ces during the period Of
years The said territory shall be yided into
three judicial districts. and a district court shall BIO
held in each Of said districts by Of the justices of
the supreme court at such times and places may be
prescribed by law and the said judges shall, after
their apponmen respectively reside In the districts
which sha b. assigned them. The Jurisdiction of the
several courts heres provided for both appellate and
original and that of the probate courts aud Of justices
Of the peace, shall be limited by law: Provided,
That Justices Of the peace thal not have Jurisdiction
of any matter in controversy when the title b,un-
daries Of land may be In dispute, where the debt
sum claimed shall exceed one hundred dollars; and
the said supreme and district courts, respectively,
shall possess cbapcery well common law juris-
dictiop Each district court, or the judge thereof,
shall appoint its clerk who shall also be the register
In chancery. and shalI Keep bis office Mt tho place