The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-08-04
The hiAi 10 Establish n Territorial Govern
ment for Utah,
The following is the bill passed by Congress for

providing territorial government for Utah,-
u bA 10 sssshsh Territorial Government Jsr U,sl
81 cuon L. be itenacted 10y the Senate and House
Of Representatives Of the United States of America
| in Congress assembled, That all that p,r, III The
territory of the United States included within the
following limits 10 wit; bounded on the west hv
the state OF California; ON The north by the Territory
of Oregon, and on the east by the summit Of the
| Rocky mountains, and on the south by the thirty-
seventh parallel of north latitude. be, and the same
is hereby created into temporary government, by
the name or TIE Territory OF Utah; and when adj
mtted as State, the said Territory, any portion
of The same shall be received into the Union, with
or without slavery, their constitution may pre-
scribe at the time Of their admission Provided
That nothing in this act contained sh all be con
strued 10 inhibt the government of tho United
States from dividisg said Territory into two oI
more Territories, in such manner and at such
times as Congress shall deem convenient and
proper, or from attaching any portion of said Ter
ritoy TO any other State Territory of the United
States.
Sec. q And be it further enacted, That the ex-
ecuuve power and authority in aud over said terri
tory OF Utah, shall be vested in governor, Who
shall hold his office for four years, and until his
successor shall be appointed aud qualified, nnless
sooner removed by the President of the United
States The governor shall reside within said ter
Iitory, shall be commander in. chief of the militia
thereof, shall perform the duties and receive the
emoluments OF superintendent of Indian affairs
and shall approve all laws passed by the legislative
assembly before they shall take effect he may
p
territory, and repreves for offences against the laws
of the United States until the decision of the Pres
dent can be made known thereon; he shall com
mission all officers who shall be appointed TO office
under the laws of the said territory, and shall take
care that the laws be faithfully executed
Sec. s. And be it further enacted, That there
shall be a secretary OF said territory, who shall
reside therein, and hold his Office for four 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 pro-
ceeoings OF the governor in his executive depart
meDt; he shall transmit one copy of the laws and
one copy OF the executive proceedings, on or be-
fore the FIST day of December in each year, TO the
President of the United States, and al the same
time, two copies OF The laws TO the Speaker OF the
House Of Representatives and the President of the
Senate, for the use of Congress. And in the case
of the death, removal, resignation, or other neces
sary absence OF the governor from the territory,
the secretary shall have, and he Is hereby au-
thoTzed and required 10 execute and perform, all
the powers ana duties of governor during such
vacancy or necessary absence, or until ansther
governor shall be duly appointed I'LL such vacancy.
Sec. 4. Aud be II further enacted, That the le-
gislatve power and authority Of aid territory shall
be vested in the Governor and legislative
stmbly. The legislative assembly shall consist of
Il council and house of representatives. The coua-
Gil shall consist of thirteen members, having the
qualifications of voters as hereinafter prescribed,
whose term of service shall continue two years.
The house of representatives shall cons - Of TWEEN
as prescribed for members Of the council, aud
whose term Of service shall continue one year.
An appoItionment shall be made, as nearly equal
as practicable, among the several counties or dis
tIicts, for the election of the council and house
of representatives., giving TO each section OF the
territory representation In the ratio OF its popula-
lion, Indians excepted, as nearly as may be. AMI
he members of The council aud of the house OF
shall reside in, and be inhabitants Of
The district for which they may be elected respec-
lively Previous to the first election. the governor
shall cause census or enumeration Of the iahabi-
tsnIs OF The several counties and districts Of the
territory 10 be TAKEN and the first election shall be
at such time and places, and be conducted in such
manner, as the governor shall appoint and direct !;
and he shall, al the same time, declare the num-
Der Of members Of the council and house Of repre-
senfatves To which each OF The counties districts
shall be entitled under this act The number
Of persons authorized to be elected having the
highest number Of votes in each of said council
districts for members Of the council, shall be de-
clsfed by the governor 10 be duly elected to the
council and the person or persons authorized 10
he elected having the highest number ofvoies for the
house OF representatives., equal Ia the numoer TO
which each county or district shall be entitled, shall
be declared by the governor 10 be duly elected
members Of the house OF representatives. provided,
that IN cas- OF d tie between two more persons
veted for, the governor shall order new election
TO supply The vacancy made by such tie. A I'D
the persons thus elected To the legislative assem-
bly, shall meet at such place, AID on such day, as
the governor shall appoint but, thereafter, the
time, place, and manner of holding and conducting
all elections by the people, ami the apport,oning
the repre- seniatlon IN the several counties or dis
uicls to The council or house Of representatives,
according TO population, shall be prescribed by law,
as well rs the day Of the commencement Of the
regular sessions Of the Legislative assembly pro-
yided, that one session shall exceed the Term Of
forty dsyP.
sec. s. And be il further enacted, That every
free white male nhabtint above the age Of twenty
one years, " no shall have been a resident of said
territory at the time OF The passage of this act,
shall be entitled to vote at the first election, and
shall be eligible to any Office within the said terri
tory but The qualifications Of voters and for hold
ing ofcs, At all subsequent elections, shall be such
shsll be prescribed by the legislative assembly
provided that the right Of suffrage aud Of holding
office shall be exercised only by citizens Of the
United States, including those recognised citi-
zens by the treaty with the republic OF Mexico,
concluded February second, eighteen hundred and
fouy-sight.
sec. q And be it further enacted, That the
legislative power Of said territory shall extend To
all nebul subjects Of legislation, con sistent with
the constitution OF the United States and the pro-
visions of this act; but law shall be passed in
q rirrng with the primary disposal Of the sol no
TAR shal be imposed upon the property Of the
United States; nor shall the lands other properly
81 rssdents be taxed higher than the lands or
other property Of residents. All the laws passed
by the legislative assembly and governor shall Ne
submitted 20 the Congress OF the United States,
and IL dsseysoved, shall I've null and Of no effect.
sec. Z. And be II further enacted, That all
Otherwise provided for, shall be appointed or elect
ed, as the case may be, IN such manner rs shall
be provided Tor by the governor and legislative
assembly OF the territory OF Utah. The governor
shall nominate, and, by and wth'fhe advice and
consent ~ the legislative council, appoint all 9th.
cers not herein otherwise provided for; and in the
hrsi instance the governor alone may appoint all
said oicerr, who shall hold their offices until the
end " the frrt session Of the legislative assembly,
and shall hay oil the necessary districts for mem.
hers ~ the council, and house Of representatives,
and ell other officers.
sc = And be u further enacted. That no mem
het a the legislative assembly shall hold, or be
sggosntsd to, any office shIch shall have been ere
Hisd. 90 the salary or emolument OF which sh all
have bccn increased while he was a member, du-
finR the term for which he elected and for one
ye~r after the expiration ~ such term; and no
D~Ifon holding a commission or appointment under
he Isned Stairs, except postmast.rs, shall be q
msmtsf ~ the legislative assembly, OF shall hold
sny oflice undst IN. government OF aid territory
rsc v And ee " further enacted. That the Judi
cal power u s-ld terriory shall be vested In
supf, ne court, district courts, probate courts, ans