Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1863-04-22
PUBLIC-No. 96.

the territory OF liaho
Be it enacted by The senate and house of rep
rescntatyes of the United States Of America in
congress assembled, that all part OF the territory
of the United States included within the follow
ing limits, viz: Beginning at point in the mid
die channel of the Snake RIVER where the ORTIZ
ern boundary OF Oregon inteiSecis the tame
then follow down said channel of Snake river to
apoint opposite the mouth of the KooSkuo.k la,
or Clearwater river; thence due north 10 the
for;y-ninth parallel of latitude thence east,
along said parallel 10 the tweniy-seycnih degree
OF longitude west Of Washington; thence south,
along said degree Of l1a gi;ude, 10 the no. theru
boundary of Colorado territory; thence west,
along said boundary, to the thirty-third degree
of Longitude west of Washington; thence north,
alo said degree, to the torlysecond parallel Of
lattude thence west, along said parallel TO the
eastern boundary Of the state OF Oregon; thence
north, along said boundary, TO the place Of be-
ginning. And the same is hereby created into a
temporary government, ~ the name OF the ter
ritory of Idaho: Provided that nothing in this
act contained shall be construed TO lnhibit the
government Of the U0ted STATES from dividing
said territory OF changing its boundaries IN such
manner and at such time as congress shall deem
convenient and proper, or from attaching any
portion Of sad t'rritUrf to any other state or ter
ritory of The United States Provided further,
that nothing in this act contained shall be con-
strucl 10 impair the rights OF person or property
now pertaining to the Indians i'll said territory,
so long as such rights shall remain uneXtinguish-
ed by treaty between the United States and such
Ina1s, or to include any territory which, by
treaty with any Indian tribes, is not without the
consent OF said tribe, to be included within the
territorial limits or jurisdiction of any state or
territory; but all such territory shall tie excepted
out OF the boundaries, aud constitute no part of
the territory of idaho, until said tribe shall signi-
fly their assent to the president of the United
States to be included within said territory, or to
affect the authority of the government of the
United States TO make any regulations respecting
MN rf bnir ar,le
rights, by treaty, law, or Otherwise, which it
would have been competent for the government
to make if this act had never passed.
Sect. 2. And be it further enacted, that the
executive power aud authority in and over said
territory OF Idaho shall lie vested in governor
who shall hold his office for four years. aud I'M
til his successor shall be appointed and qualified
unless sooner removed BY the president of the
United States. The governor shall reside within
said territory, and shall he commander-ln-cbef
of tt c militia, and superintendent of Indian af
fairs thereof. He may grant pardons and res
pites for offences against the laws of the said
territory and repritve for otfenses against the
laws Of the United States until the decision of
the president of the United States can be made
kno @n thereon; he shall cumni. sion all officers
whushall be appointed TO office under the laws of
sal territory, aid shall take Gaze that the laws
are faithfully executed.
Sect. B. And he it further enacted, that there
Shall be IA secretary of said territory, who shall
reside therein, and Shall hold his office fer four
years, unless sooner removed ny the president VI
lh9 United States; he shall record and preserve
all laws and proceedings of the legislative assem-
big hereinafter constituted, and all the acts and
proceedings of the governor in his executive de-
partment; he snail TRANSMIT one copy Oi the Jaws
and journals of the legislative assembly within
thirty days after the end Of each ssion, and one
cops OF the executive proceed IS and official
correspondence sem-aunually, the first days
OF January and July in each year, to the pres-
dent OF the United States, and two copies of HE
laws TO the pres lent Of the senate and 10 the
spo tker OF the house Of repreSeu tatves for the
u.s. OF congress; and iH cas- OF death, removal,
res sndGOu, or absence o. fhe governor from the
territory, the secretary snail be, aud he is hereby
authorized and required TO execute and perform
all the powers ana duties OF the governor during
sucb vacancy or absence, or until another gov
eruor Shall be duly appointed and qualified 10
II such vacancy.
S Ct 4. Aud be is farther enacted, that the
legsla i've power and authority OF said territory
shal. be vested in th3 COVE nor an II lie sisative
assembly. The legislative assembly shall con-
sSt of council AMI house of representatives.
Fac council shall consist OF seven members hav-
Ing th7 qualifications of voter, hereinafter pre-
ScrlDcJ, whose term of service snail continue two
years. The house of representatives, shall at lis
nrSt session, consist Of thirteen members pos
sessing the same qualifications as prescribed for
the members of the coanc aud whose term of
service shall continue one year. The number of
representatives may he increased by the leslsIa-
tive assembly hom time to time, TO tweEty-six
III proportion 10 The increase of qualified voters
and thc council in like manner, 10 thirteen. All
appOrti0nment shall be made as nearly equal us
practicable among the several counties or dis
trcS for the election of the council aud rcpresen-
tatves, giving to each section of the territory
representation in the ratio OF its qualified voters
as nearly us may be. Aud the members of the
council and OF the house of representatives shall
reside in and be inhabitants of the district or
county, or counties for which they may be elect
ed respectively. Previous TO the first election the
governor shall cause census or enumeration of
the Inhabitants and qualified voters OF the sever
al counties and districts of the territory to be TIA
Ken by such persons and in such mode as the
governor shall designate and appoint, and the
persons so appointed shall receive Il reasonable
compensation therefor. And the first cleo
ton shall be held at such time 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
aud direct; and he shall, at the same time, de-
clare She member or members of the Council and
house Of representatives TO which each of the
counties or diSuictS shall be cutitled under this
act. 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 governor to be duly elected to the council;
ana the persons having the highest number of
legal votes for the house of representatives shall
pe uecafed ny tue governor 10 be duly elected
members OF said house: Provided that in case
two or more persons yoted for shall have an
equSl uuihoer OF votes, and in case a vacancy
Sldh olhel wise occur in either branch of tho lel-
lslatNe assembly, the governor shall order a new
elettoh; ana tue persons thus elected TO the clr-
lslatlFe Assembly shall meet at such place and
Oh huch uily IT'S inc governor shall appont. hut
thereafter inc time, place and manner of holdintr
and conducting all elections BY the neonln onI
the apporuonlng the representa- ion in me severaI
counties or districts to the council and hons of
representatives, according 10 the number of ouoI
flied voters, Shall be prescribed by law AS VIII as
the day of the commencement of the re,rnIar &c
sions of the legislative assembly: Provided tha+
no session in any one year shall exceed the term
of forty days, except the first session, which NAV
continue sixty days.
Sect. 5 And be it further enacted that everv
free white male iuhabiIanta above the age of TWEEN
ty-one years, who shall have been an actual resi-
deUt of such territory at the time OF the passage
OF this act shall be entitled 10 vote at the first
election, and shall be eligible to any office within
the said territory; but the qualifications of vot-
ers, aud OF holding office, all subsequent cleo
tons shall be such as shall be prescribed by the
legislative assembly.
Sect. 8. Aud be it further enacted that the leg
iSlatlve power Of the territory shall extend to all
rightiu subjects of legislation consistent yi,h
the constitution of the United States and the
provisions of this act; but no law shall be passed
interfering with the primary disposal of the soil;
no tux SHAT be imposed upon the property of tue
Culted States, nor Shall the lands or other prop
erGy CT uon-resldents be taxed hi cher than the
lands or other property Of residents. Every bill
which shall nave passed the council and house of
representatives OF the said territory shall before
II becomes law, b. presented TO the governor of