Smyrna times., 1863-06-25
(ETom first Ddge.)

In such manner and at such time as COngle>s -
shall deem convenient and proper or from at l
taching any portion of said Territory to amy 5
other State or Territory of the United States
PrOrded, FURTHER, That nothing in this act CON =
tanned shall be construed to impair the rights
OF person or property now pertaining to the
Indians In said Territory 50 long asSuch rights
shall remain uneXtinguiShed by treaty between
the United States and such Indians, or to in
clude 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 be excepted out OF
the boundaries and constitute no part ot.the
Territory of Idaho, until said tribe shall signi-
fY 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 res
pectlng such Indians, their lands property, or
other rights by treaty, law, otherwise,
which it would have been competent fer the
Government 10 make ifthis act had never been
passed.
Sec, .. Ind be 1t further endcted That
the Executive power and authority III and over
said Territory of Idaho shall be vested in a
governor, who shall hold his Office for four
years, and until his successor shall be appoint
ed and qualified, unless sooner removed by the
President of the United States The Cover
shall reside within said Territory, and shall be
commander-in-ch of the militia, and super
intendent of Indian affairs thereof. He may
grant pardons and respites for offences against
the laws of said Territory, and reprieve for of
fences against the laws Of the United States
until the decision of the President of the Uni
tee States can be made known thereon; he
shall commission all officers who shall be APP
pointed to office under the laws of the said
Territory, and shall take care that the laws be
faithfully executed.
Section 3. And be It further enacted. That
there shall be a secretary nf said Territory,
who shall reside therein, and shall hold his of
hce for four years, unless sooner removed by
the President of the CnitcdStates; he shall
record and preserve all laws and proceedings of
the legislative assembly hereinafter constituted,
and all the acts and proceedings of the COVER
nor in his executive department; he shall
transmit one copy of the laws and Journals of
the legislative assembly within thirty days after
the end OF each session. ard one copy of the
executive proceedings and official cQrreSpon-
dence Semi-annually on the first days of Janu-
ary and July in each year, to the President of
the United States, and two copies of the laws
t. the President Of the Senate and to the
Speaker of the House of Representatives for
the use of Congress; and in case of the death.
removal, reSignltion or absence of the COVER
nIr from the Territory, the secretary shall be,
and he is hereby, authorized and required tC
execute and pertnrm all the powers and dute;
OF the governor during such vacancy or absence
Or until another governor shall be duly appoint
Ell and qualified to fill such vacancy.
Sec. 4. Aut be 1t further eAdctod, That the
legislative power and authority of said Terrific
r. shall be vested in the governor and a legiS
lItive assembly. The legislative aSSembl,
shall consist of a council and house of repre-
sentatives. The council shall consist of sever
members having the qualifications Of voters a
as hereinafter prescribed. whose term Of scr
vice shall continue two years. The house o
representatives SHALL at its first session, consis
OF thirteen members possessing the same qual
ifcatiOns as prescribed for the members of tht
council, and whose terra Of service shall contin
ue one year. The number of representative
may be increased by the legislative assembly
from time to time, to tTenty-sX, in prOpOrtiO
TO the increase Of qualified voters and til
council, in like manner, to thirteen. An az
portiOnment shall be made as nearly equal a
practicable among the several counties or di.
tricts for the election of the council and repre-
sentatives, giving to each section of the Terr
tory representation in the ratio Of its quali6e
voters as nearly as may be- And the member
of the council and of the house of represent;
tives shall reside in and be inhabitants of tn
district or county, or counties, tor which the
may be elected respectively. Previous to tf
first election the governor shall cause Il censu
or enumeration Of the inhabitants and quallGe
voters of the several counties and districts
the Territory to be taken by such persons an
IN such mode as the governor shall d ,Signat
and appoint, and the persons so apponte
shall receive reasonable compensation ther,
for. And the first election shall be held
such time and places and be conducted in sue
manner both as to the persons who shall supe
intend such election and the returns thereO
as the governor shall appoint and direct al
he shall, at the same time, declare the nun
Der of members Of the council and house
representatives t0 which each of the COUNT
or districts shall be entitled under this act
The persons having the highest number of
gal votes in each of said council districts
members of the council shall be declared
the governor I'd be duly elected to the c0unci
and the persons having the highest number
legal votes for the house Of Representative
shall be declared by the governor to be du
elected members Of said house: Proride
That M case two or more persons voted
shall have al G Iual number of votes, and
case vacancy shall otherwise occur in eth
branch Of the legislative assembly, the COVE
nor shall order new election; and the pcrso
thus elected to the legislative assembly sh
meet at such place and on such day as the &C
ernor shall appoint; ant thereafter the tin
place, and manner of holding and conduct
all elections by the people, and the appOrtiC
iu, tir presentation in the several count
or districts to the council and house of rep
sentatives, according to the number of qualif
voter. 'a'l be prescribed by law, as well
~. Z. 'hn commencement Of the regu
asss.u44 u The Legislative assembly: Procid
: That no session Ill any one year shall exc,
the term of forty days, except the first scssi
which may continue sixty days
Sec 5. Aud be Il further enocted, That G
ry white male inhabitant above the age
twenty-oDe years who shall have been an az
al resident of said Territory at the time of
passage of this act, shall be entitled to vot
the first election, and shall be eligible to
Office within the said Territory; but the q,
fcatiOns Of voters, and of holding Office, a
subsequent elections shall be such as shall
prescribed by the legislative assembly.
Sec. G. And be 1t further enacted, That
legislative power of the Territory shall ex
to all rightful subjects of legislation consi
with the Consultation of the United States
the provisions of this act; but no law sha