The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-09-11
proved, September 9, 1850.
TPupLIc-No. IS. !

AN ACT TO establish Territorial Government for
Utah
BE IL enacted by the Senate and House of Represent
atic6S Of the United States Of 41meTcd IA Congress
assembled That all that part of the territory of the
United States included within the following limits,
10 wit bounded on the west by the State OF Caifor-
MIA, 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 ID hereby, created
into temporary government, by the name of the
Territory Of tab; and " hen admitted as a State,
the said Territory any portion of the same shall
be received into the Union, with without slave
ry, their constitution may prescribe at the time
OF her admission: PTorided That nothing in this
act contained shall be construed TO iuhbt the Gov
eminent of the United States from dividing said
Territory into two or more Territories, in such man
ncr and at such time as Congress shall deem con-
yCnlent and proper, or from attaching any portion
of said Territory to any other State Territory Of
The United States.
SecrIoS ,. lind be Il further enacted That the ex-
ccutiyc power and authority in and over said Ter
ritUry of Utah shall be vested in a Governor, who
shall bold his office for four ycars, and until his
successor shall be appointed and qualified, unless
sooner removed by the President Of the United
Statcs. The Governor shall reside within said Ter
ritDry, shall be commanders in. chief Of the militia
thereof, shall perform the duties and receive the
cnoluments OF superintendent of Indian aflairs,
and shall approve all laws passed by the Legislative
Assembly before they shall axe effect; he ma grant
pardons for offences against the laws of said Terri
tory; and repreves for offences against the laws of
the United Staes until the decision OF the President
can be made known thereon; he shall commission
all olhcers who shall be appointed to office under
the laws Of the said Territory, and shall take care
that the laws be faithfully executed
Section 3. Ind be IL further enacted, That there
shall be a Secrtt1ry of said Territory, who shall re-
side therein, and hold hs office for four years I'M
css sooner removed by the President Of the United
States he shall record aud preserve all the laws and
proceedings Of the Legislative Assembly hcrcinaf-
Ter constituted and ali the scts and proceedings Of
the governor in his executive department; he shall
transmit one copy Of the laws and one copy Of the
executive proceedings, on or before the first day OF
December in each year, TO the President Of the
United States, and, at the time, two copies Of
the laws to the Speaker Of the House Of Represent
atyes and the President of the Senate. for the
Of Congress. And in case of the death, removal,
resignation, or other necessary absence Of the gov
cruOr from the Territory, the secretary shall have,
and he hereby authorized and required 10 execute
and perform, all the powers aud duties Of the gov
crnor during such vacancy or necessary absence,
or until another Governor shall be duly appointed
10 tll such vacancy.
SECTION 4. dnd be Il further enacted. That the
legislative power and authority of said Territory
shall be vested in the governor and Legislative As.
sembly. The Legislative Assembly shall consist Of
Council and House OF Representatives The CJuu.
Gil shall consist Of thirteen members, having the
qualifications Of voters hereinafter prescribed,
whose term OF service shall continue two years.
The House Of Representative shall consist of twenty
six mcmbcrs possessing the same qualifications
prescribed for members Of the Council, and whOss
term Of service shall continue one year An APP
pOrtiOnment shall be made nearly equal as
practy able among the several counties districts,
ior the ciCcti of the Council and House OF Repre-
sentatiycs giving TO each section of the Territory
representation in the ratio of its population Indians
excepted, nearly as may be- And the members
Oi the Council and Of the House Of Represent
atves shall reside in and be inhabitants Of the
district for which they may be elected rcspec-
lively. Previous 20 the FIRST election, the Cover
nor shall cause census or enumeration OF the
Inhabitants Of the several counties and districts
Of the Territory TO be taken, and the fret cleo
ton shall be held at such time and place., and
be conducted in such manner, the governor shall
appoint and direct and hc shall, at the time,
declare the number of members Of the Council and
House Of Representatives 10 which each of the Coun
ties Districts shall be entitled under this act The
number Of persons authorized 10 be elected having
the highest number Of votes in each Of said council
districts for members Of the Council shall be de-
cldrcd by the governor to be duly elected TO the
COuucil and the person persons authorized to be
elected having the highest number Of votes for the
House Of Representatives equal 20 the number 70
which each county district shall be entitled shall
be declared by the governor TO be duly elected
members Of the House OF Representatives Pro
rided, That in case Of tic between two or more
persons vo,ed for, the governor shall order n new
election 10 supply the vacancy made b. such tie.
And the persons thus elected 10 the Legislative As
scmby shall meet at such place, and on such day,
the governor shall appoint; but, thereafter, The
time, place and manner Of holding and conduct
ing all elections by the people, and the appor.
UOnnC the representation in the several counties
or districts to the Council and House Of Representa-
tives, according TO population, shall be prescribed
Of the regular sessions Of the Legislative Assembly
ProDided, That session shall exceed the term
Of forty days