Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1863-10-29

Vu"F G,vrrament Tor the territory OF Idaho.
d, n s,r,eisd by ne Senate and House ef Repre-
..aI,t,,ss ofhe Uaiied States Of Ameyica ia Tan.
ST. assembled That all that part Of the terrific
gafthe United states included witnin the fol-
S,sin, limits to wit; beginning AZ point IN the
IIo,d5e channel of the Snake River whore the
nnrthern boundary of Oregon intersects the same
then follow down said channel OF Snake Rivsr 10
SPee, f%S2 ssr the Se Iaoas Of the Koosseos,
%rt.ninth parallel Of lliitude thence east aidhtSS
seil parallel to the twenty seventh degree OF lon-
%,,, IL west n WASHINGTON; thence south along
al degree oflongtude 10 the northern boundary
al colorado Territory; thence west along saa
Soundary 70 the thirn-thirl dagree OF longitude
~est 81 Washington; thence north along said de-
cree 10 the torty-second palalle Of latitude;
Reppr west along said parallel 10 the eastern
hounlay Of the State OF Oregon theqce north |
along sad boundary TO he place Of beginning,
An the ame is hereby created into temporary
government, by the name Of the Territory OF
idaho Provided, That nothing in this act con-
tanned shall De construed y inhibit the govern-
ment OF the unitei Stat from dividing ssid Ter
ritory or changing its hou daTies in such manner
and az sush hme az Congre5i hall deem oonyrn-
lent and proper, on from t.AGhing any portion of
said Territory 70 any other state or territory of
the United states Proc,dcd, farther, That moth
ing IN this act confirmed shall be construed to inn
pair the rights OF persons properly noy per-
tanning to the indiansin said Territory, so long as
such rights shall remain unextinguished by treaty
between the United states ,ad such Indians or TO
include an territory WIN b. by treaty with any
Indian tribes, is not, without the consent Of said
tribe 10 be included within the territorial lmitsor
jurisdiction Of any state territory but all such
territory shall. he excepted out OF the boundaries,
and constitute part of the territory ~ Idaho,
until said tribe shall signif' their assent to the
President olthe United states TO be included with
in said Territory or TO affect the AUTHORITY OF the
Government of the United States TO make any
regulations respecting such Indians, their LANDS,
property other rights, by treaty, law, or other
wise which ii would have cesn competent Tor the
Government to make II this act had never passed.
Sec. 2. And Be IL further enacted, That the
executive power and authority IN ana over sald
Territory of Idaho shall be vested in a governor,
who shall hold his office for four years and until
his successor shall be appointed aud qualified, un-
less sooner removed by the President OF the Uni
ted States. The governor shall reside within said
Territory and shall be commander-in-chief OF the
militia and superintendent of Indian affairs
thereof. He may grant pardons and respites Tor
offences against the laws OF said Territory, ana re,
prieve for offences against the laws Of the United
States until the decision Of the President OF the
United States be made KIN 'wn thereon ne
shall commission all officers who shall be appoint
ed to Office under the laws of the siid Territory,
and shall take that the laws be faithfully exc
outed.
Sec, 3. And be IL further enacted. That there
shall be a secretary of said Territory, who shall
reside therein, and shall hold his Office for four
years. unless sooner removed by the President of
the United States; he shall record and preserve
all laws and proceedings of the legislative assem-
bly, hereinafte constituted, and all the acts and
proceedings of the governor III his executive de-
partment; he shall transmit one copy of the avs
and journals of the legislative assembly within
thirty days after the end Of each session, and
copy of the executive proceedings and official cor
respondence semiannually, on the first days of
January and July in each year, TO the President
of the United States, and two copies of the laws 20
the resident of the Senate and to the speaker OF
the House Of Representatives FIR the use of Con-
gress and in case of the delto, removal, resgna-
ton, absence Of the governor from the Terrific
ry, the secretary shall be, and he is hereby, au-
thorized and required 10 execute and perform all
the powers and duties OF tho governor durit such
vacancy or absence, or unll another governor
shall be duly appointed and qualified TO fill such
vacancy.
Sec. Aad be IL farther enacted, That the leg
isatiye power ard authority of said Territory shall
be vested in the governor and legislative assem-
bly,. The legislative assembly shall consist of a
council and house OF representatives. The council
shall consist Of seven members having the qualif-
cations of voters as hereinafter prescribed whose
term of service shall continue two years. The
house of representatives shall, at its first session,
consist OF thirteen members possessing the same
qualifications prescribed for the members of the
council, and whose term OF service shall continue
one year. The number OF representatives may be
increased b. the Legislative assembly, from time
to time, to twenty-six, in proportion to the in
crease of qualified voters; and the council, in like
manner, TO thirteen. An apportionment shah be
made as nearly equal as practicable amons the
several counties districts for the election ofthe
council and representatives. giving to each etioa
Of the Territory representa- IN the ratio Of its
qualified voters as nearly as may be, And the
sentatiyes shall reslos III, and be inhae,tmis OF,
the district county, counties, for which they
may be elected respectively. Previous to the first
election the governor shall cause a census or en-
meraton OF tho inhabitants and qualified voters
OF the several counties and districts OF the Terrific
ry to be taken by such persons and in such mode
as the governor shall designate and APP
point, and the person so appointed shall re-
oeive reasonable compensation therefor. And
the first election shall be held at such time and
places, and be conducted in such manner both as
to the persons who shall superintend such 'eec-
ton and tue returns thereof, as the governor
shall appoint and direct; and he shall, at tthe
same time, declare the number of members Of the
council and house OF representative to which each
of the counties districts shall be entitled un-
der this act The persons having the highest
number of legal votes in each OF said council dis
tricts for members of the council shall he declared
by the governor to be duly elected to TIE council
and the persons having the highest number of le-
gal votes for the house OF representatives shall be
declared by the governor to be duly elected MEM
bers Of said house Prorided, That in case two or
more persons voted for shall have equal num-
Der Of votes, and in case vacancy shall otherwise
occur in either branch of the legislative assembly,
the governor shall order new election ; and the
persons thus elected to the legislative assembly
shall meet at such place and on such day as the
governor shall appoint; but thereafter the time,
Il. place, and manner of holding and conducting all
elections by The people, and the Apo. t:oning the
representation in the several counties or districts
70 the council and house Of representatives, ac-
eordng to the number of qualified voters, shall be
prescribed by law, as well as the DAY Of the COM
mencement of the regular sessions of the lcgs-
latiyc assembly: Provided, That session in
any one year shall exceed the term OF forty days,
except the first session, which may continue SIX
ty days.
ssSee. 5. And be u further enacted, That every
tree white male inhabtant above the age of twen-
3 ty-ono years. who shall have been actual resi-
dent of said Territory at the time Of the passage
Of this act, shall be entitled to vote Mt the first
election, and shall be eligible to any Office within
the said Territory but the qualifications of voters
and Of holding Office, at all subsequent elaUnons
shall be such shall be prescribed by the legisa-
tive assembly. @H All
See. 6. And be IL further enacted, That the legis
lative power Of the Territory shall extend to ali
rightful subjects Of legislation consistent with the
Constitution of the United States and the provis.
ions of this act but law shall be passed inter.
fering with the primary disposal Of the soil ne
tax shall be imposed upon the property of the
4 United States, shall the lands or other pro.
perry Of non-resdents be taxed higher than thu
lands or other property OF residents Every bill
which shall have passed the council and house O
representatives Of the said Territory SHALL before
ii becomes a law be presented 10 the governor o.
the Territory if he approve, he shall sign it but
not he shall return it, with his objections, to tn,
house in which it originated, who shall enter tn,
objections at large upon their journal and proceed
to reconsider it. If, after such reconsideration
two thirds of that house shall agree to pass tn,
bill, it shall be sent together with the objections