The national Republican., 1861-07-13
NATIONAL REPUBLICAN.
Public Acts Passed at the Second Session
of the Thirty-sixth Congress.

VI JuC AAA VVh8AVpo'
CHAP IyxxvI-An Act to provide temporary Govern
mcni for the Territory Of Dakota and the once
Of fsurveyor General therein 'U.
Be Il enacted BY the Senate and House Of
REPRESENTATIVES of the United States Of Amer.
ica IN Copqress assembled, That oil that part Of
the territory of the United States included with.
in the following limits, namely commencing
at y point in the main channel Of the Red Riv.
er of the North, where the forty. ninth degree Of
north latitude crosses the same thence up the
main channel of the same, and along the boun-
dairy of the State Of Minnesota, to Big Stone
lake; thence along the boundary line Of the
said State Of Minnesota to the Iowa line
thence along the boundary line of the State Of
Iowa to the point Of intersection between the |
Big Sioux and Missouri rivers thence up the |
Missouri river, and along the boundary line Of
the Territory Of Nebraska, to the mouth Of the |
Niobrara or Running Water river; thence fol |
lowing up the same, in the middle Of the main |
channel thereof, to the mouth Of the Keha
Paha or Turtle Hill river; thence up said river
to the forty.thrd parallel of north latitude;
thence due west to the present boundary Of the
Territory of Washington; thence along the
boundary line of Washington Territory, to the
forty ninth degree of north latitude thence
east, along said forty ninth degree Of north lat
itude, to the place Of beginning, be, and the
same is hereby, organized into q temporary
government, by the name Of the Territory Of
Dakota Propided, That nothing in this act
contained shall be construed 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 include any territory which, by treaty
with any Indian tribe, is not, without the con.
sent of said tribe, to be included within the ter
titorial limits or jurisdiction Of any State or
Territory; but all such territory shall be ex-
cepted out of the boundaries and constitute no
part Of the Territory Of Dakota, until said tribe
shall signify their assent to the President Of the
United States to be included within the said
Territory, or to affect the authority of the Gov.
ernment of the United States to make any reg.
ulations respecting such Indians, their lands,
property, or other rights, by treaty, law, or
otherwise, which it would have been competent
for the Government to make If this act had new
er passed Provided, further, That nothing in
this act contained shall be construed to ishibit
the Government Of the United States from divi-
ding said Territory into two or more Territories,
in such manner and ut such times as Congress
shall deem convenient and proper, or from at.
taching any portion thereof to any other Terri
c tory or State.
Sec. 2. And be il further enacted, That the
executive power and authority in and over said
. Territory Of Dakota, shall be vested in gov
ernor, who shall hold his office for four years,
and until-h successor shall be appointed and
qualified, unless sooner removed by the Presl
dent of the United States. The governor shall
reside within said Territory, shall be command
sr-in-chief of the militia thereof, shall perform
the duties and receive the elnoluments Of Super
intendent of Indian Affairs, and shall approve
all laws passed by the legislative assembly be-
fore they shall take effect; he may grant par
dons for offences against the laws Of said Terri
tory, and reprieyes 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 ap
pointed to office under the laws Of said Terrific
ry, aud shall take care that the laws be faith
fully executed.
Sec. 3. And be ii further enacted, That thert
shall be secretary of said Territory, who shal
reside therein, and hold his Office for four years
unless sooner removed by the President Of thu
United States he shall record and preserve al
the laws and proceedings Of the Legislative az
sembly hereinafter constituted, and all the act
and proceedings of the governor, in his execu
tive department; he shall transmit one copy o
the laws, and one copy Of the executive pro
ceedings, on or before the first day of Decembe
in each year, to the President of the Unitet
States, and, at the same time, two copies OF tn
laws to the Speaker of the House of Represent
atives and the President of the Senate, for tn
use Of Congress; aud in case of the death, remov
al, or resignation, or other necessary absenc
of the governor from the Territory, the secre
tary shall have, and he is hereby authorize
and required, to execute and perform all tn
powers aud duties of the governor during sue
vacancy or necessary absence, or until anothe
governor shall be duly appointed to fill sue
vacancy.
Sec. 4. And be IL further enacted, That tn
Legislative power and authority Of said Terrific
ry shall be vested in the governor and legisls
tive assembly. The legislative assembly shs
consist of a council and house of represents
tives. The council shall consist of nine meu
bers, which may be increased to thirteen, ha,
ing the qualifications of voters as hereinafte
prescribed, whose term of service shall col
tinue two years. The house Of representative
shall consist of thirteen members, which ma
be increased to twenty six, possessing the sam
qualifications as prescribed for members of th
council, and whose term of service shall col
tinue one year. An apportionment shall
made, as nearly equal as practicable, anon
the several counties or districts for the electio
of the council and house of representative
giving to each section of the Territory repr'
sentation in the ratio of its population, (Indiar
excepted) as nearly as may be; and the men
bers of the council and of the house of repr
sentatives shall reside in, and be inhabitan
of, the district for which they may be elected
respectively. Previous to the first election, tn
governor shall cause a census or enumeratio
Of the inhabitants of the several counties an
districts Of the Territory to be taken; and tn
first election shall be held at such time an
places, and be conducted in such manner, q
the governor shall appoint and direct and h
shall, at the same time, declare the number {
the members of the council and house Of re,
resentatives to which each of the counties {
districts shall be entitled under this act. Th
nnuher of nersnns anthnrized 10 be electa.