Delaware State journal and statesman., 1864-06-10

te name Of the Territory OF Monttna Pr0utded That
otnhg IN this act contained shall bs conHlfud 10 nhii
oiernment Of the United States r m dIviling tad
spfy or chAneing its boundaries In such manner aud
M suen lime ~ Congress shall deem convenient and pro
any other State Territory Of the United states Prey
aea fHher That nothing in this ciuiaiaed shall
sYnsptu 10 impair tue khiR 81 person or property now
pcrtqinlng - tu Indians In said Territory long such
rights shall rmaln ,xtingulshsd by treaty botween
me niled States and such fnian- 10 include sny ei
~ ~ Wich, by irsaty witl any Indian irb a net
without the consent OF said ibe 10 bs included within
the Territorial limits or jurisdiction Ct any state Terri
tory but all fneh territory shall lie excepted cut oi he
boundaries, And constitute part Of tic Territory II
Monlana, uni sid tibe fha Signify t ir assent to the
Fesiifht oil te unilel States TO ba Included Within said
Ierrtory or TO All ct hs authority Of the UOgornmont oil
ho United states ~ make any regulations respecting such
Indians he lands, properly or hsr rights by retty,
aW or utherai'e, which II would havO Teen competent
M the uove nment 10 make II this net had passed
see' and De Il further enaefsd That the Executive
power and authority in aud over said Territory Of Mon
Una thAll be vested In Governor, who shall hold his
Once for four years and until his hucceH shall b1 ap
piuied ant qualified, unless sooner removed by ths re
alent OF tho ited States The Govern, shall reside
within said TorOry and shall bo eOnmsndor in thief "
thu militia and superintendent Of Indian affairs theref
~ ,hAy grant nardons aud res IT'S Tor offences agmntt
me avs OF sil Ifory. and rerAV Tor offences ug nt
tho tws OF the unitel States until tho dacisicn Of the
ffo7iehl OF the United sta eau DO madu known there
on hs alall commission ali ohicers who ,ha bs ap-
pointed 10 oo under the laws u the sal Territory and
shall take care hat tho laws bo faith uy executed
SEC. ARibe II further enacted, That there shall DO
Secretary Of fad Territory, who SHALL s-lde therein nnd
hold h,R ulao for tour years Jules oler removed by
the Pfedent d the United sAits; ha Hhal record and
prtssNo all awA and proceedings of tho Legislative AS
semhy hrenaltar coatituiedi aud tho acts ana pro
ceelln{a of tie Governor In his pxuiuito department no
shall transmit onn copy Of tina laws and Journals OF tho
Lo sativd Assembly Nihlu thirty days atr ths END OF
each s'lon, aud one copy Of tho executive ocesdnsl
and oiletl Torr'spondsnce sumi annually on the net
DAYS OF Jaahary and July Ia each year to tho President
m tua ulsu otstud Ahd two eopl Oh lne ianp ~ tno
President of tha Senate tho spea.eT of the House
VI Representatives, for the Of Congress And IN ease
Of the death removal resignation, or assne9 O. the uVv-
eraor from IN Ieiory the Secretary shall be, ana no
Is hereby authorized aud ned 10 execute and perform
all tie powers aud dnlios Of tho Governor during such
Vacancy absence, or until another Governor shall le
duly appointed and luliael TO ill such va 'ancy.
Sec T. and be Il further eaaried. 1htt tho rgsail .
power and authority of hsd e nit ny shall b. vested IN
the Governor and Legislative Assembly The Legsla'
tive Assembly shall consist Of council and house Of rep
resonatyes The council shall consist OF soyen MI
having the qnuheat0ns vi voters, hs herelnAer pro
seil1nd, whose term Of service shall continue two years
rue house u shall at rs first sesao CON
ht oi thirteen members, possessing the sane quanet
ons As prescribed for the members of tho council anu
whose term OF aervicashall continue one year rue NUN
Der may be increased by the Legislative
ass lny from Time 10 Time to iwentY-s In popot n
to tho Increase OF QUALIFIED voefs aud tho council IN IKE
MANNER to ihiit7on An appOtionmenl shail be made,
M nearly equal As practicable among the several counties
or disltrs Tor the election OF ha council and eprecntA
lives giving 70 each section Of the Terrry iepresehl-
nu In the ratio OF It's qualified voters neiy may be
And tho members Of the council and Of the house Of rep
resunAtVes ahA reside in, aud he nhabltlhls oi lne
district county or counties for whir they may ho
eseod respectively. Ievous 10 the hrsl election thu
uovei nor shlll CAUSE enumerann OF the in
hbns and qualified voters Of the several COUNTIES ana
In such mode as tbs Governor thA dc gnae and appoint
aud iho person an appointed shall rereVa reasonaple
cempenssliOa therefor And the frat eestion shA ~
hed al such mo and places and bs conducted Ia sue
mAnuor Doth Ms TO the tisOns who shall tuperntenu
sum election and Tho returns Hereof as he Governor
shall appoint aud Direct aud he ihl at the same tlna
declare the number Of members Of tho council aud house
Of representatives 10 which each of the counties or dis
trrts shall DO entitled under this act The persons nav
lug the highest number Of legal votes In each Of said
council districts respectively for members Of the council
shall be eAre1 by Tho Governor to be duly eece to
of legal votes fur tho house OF representatives IN eat Of
said representative dstrcts respectively shalt 10 de-
clarod by the Governor TO be duly eleel members Of
said house, ProUided That In two persons
voted for shall have equal number OF vote1 and In case
Legislative Assembly, the Governor shall order new
election And the persons thus elocied to the Legislative
Assembly tla meet at such place and sue day as the
Governor shall appoint; but thereafter the time place
and manner Of holding and conducting all elections by
several countea districts to the council and hosse OF
efenativoa according TO the number II quail fed
voters, shall be prescribed by law Us We'll ~ tho day o
o commencement OF the regular sessions OF the Lesss
tive Assembly, Propidsd ThAt no session In aly one
year shall exceed the torn of forty days except the first
hefsnni which may continue sixty days
Sec. O. Apd te il fariksr enaed, That all citizens Of
tho uhilei States those who have declared their n
teuons TO become SUCH and who otherwse described
anu qnAhel under the fh feeon OF The ast oi gengei4
poNing Tor temporary government for the Ierril ly
Of Idaho Hpprored March third eighteen hundred aud
siNtyhro shall no entitled TO yno A said first elseton
ana shall be eligible to any Oiu0 within tito sdd Terri
tory but the qualifications Of voters aud Of holding oico
at all subsequent elections shall be such shall bO pro-
sertOrd by the Legislative Assembly
Sec. Ahd be il Triher en1ciei That the legislative
power Of ho Territory shall extend 10 All lhghu subjects
tod States and thu proysona o this act but law shall
be passed interfering with tha prn ry disposal Of tbs
soil no tax shall be- Imposed upon the property the
United States. thall the lands or other property o
non resdenis be taxed higher than the lands or othet
property Of residents Every hill which shall nave passed
the council and house of representatives. OF the said Ter
loTy shall before becomes law bs presented 10 the
Governor Of the Territory II he approve he shall Agn
bNIf mt ls. h.ll1 htq
the house In which II originated who shall enter the OBJ
ectons at aFge upon their journal and proceed 70 recon
slider II, IL alter such reconsideration two lhlrda OF hat
house shall agree 10 pass the bill II shal ne sent 70
eher with the objections TO the other house by which
snail nkeWse 10 ferunadtiei anu hppro'Su ~ WI WI
thfds OF thnt house. snail become law but IN Al
such Eases the votes Of both houses shall DO determined
by yeas and nays p be entered on tho Journal OF each
house. respectively II any bill shall not bs rAtufned by
tho Governor within thr,e days Sunday excepsd) after
II shall havo been presented to him. Tho same shall he
law In like manner II h0 had signed IT, unless the AS
lembly, by adjournment, prevent lis return in which
case II shall not be law PrOpded That wefeas slave
ny prohibited ln said Territory by Of Congress OF
june nineteenlh eishieen hundroi and axty-two no.
hing herein contained shall 10 construed to authorize OF
permit It's existence therein.
dis ct and county officers not herein otherwise provided
for shall be appointed elected the case may be- In
snch manner shall be provided by the Governor and
Legislative Assembly 0f the Territory of MontAna Tho
Governor shall noninAte and by and WITH tho aaVls,
aRd consent of tho Legislative Council appoint all
oifcars not herein Othufwse provided ior; and ~
the hfst inaanea tho Governor alone may Appolht az
sli1 officers, wl shall hold their offices until the end oil
the first session uf the Legislative Assembly, aud shall lay
Oh the necessary districts for members Of the council aud
house orrepresentilves, and all othgr ohictTs ,
Sec e. Ai qe gfher enacted, That no member OF the
glavo As omby shall hold or bo appointed TO any
oIca which shall hayo been created, tho salary OF
enOlrmens of which shall have been Increased while he
member, during the term for which he was eeeted
and for after the expiration OF such term bn
this reslrc1n shall not te applicable members Of thl
| first Legislative Assembly. And no person holding
commission appointment under the United stale tx
cept posnasiers shall TO memhnr of tho Less iAuyt
hall uAlIa AllN
| of said For.ito,y.
Soc, o. And b. q farther enacted, That the judleia
power of said Territory shall be vested Ia supreme
court district courts probate courts and 10 justices OF h
peace. The supreme eout shall consist o chief justice
and two associate Ices any two Of whom shall eOnai
tuiu quorum, AMI who shall hold term at the seat o.
government OF said Territory annually aud they sbal
hold their offices during the parod OF four years. aud w
said Territory shall bo divided n three uiical Districts
aud driei court shall be hold In each Of said disct
by one Of justices of the supreme court at such nel
aud places may be prescribed by law; and the said
Judges shall after their appclntmens respectively insid
in the districts which shall be assigned them The Jurs
peate and original and that OF the probate courts Rne
Justices Of the peace shall be limited by aw Frorided
That justices VI tho peace shal not have Jurisdiction
any matter In controversy when the title lspd nay b.
III dispute where the debt or sum claimed shall exceed
one hundred doars and tAa said supreme and disire
courts respectively shall possess ehaneery well
mon aw jurisdiction Zach district court or the judge
thereof shall appoint It's clerk who shall also be the regis
where tie court may be held Wrils o error hills q ex
ceptons, and appeals shall be allowed in all from
the final decisions Of said district courts the supreme
court under such regulations may be prescribed b.
law. The supreme court the jusiees thereof shall up
pOint is clerk and every clerk shall hold his Oc
tbs pleasure OF tho court for which no shall have beer
appoiuied writs of and appeals from the final do
csions OF said supreme court shall be allowed and MAJ
be taken to the supreme Court OF the United Ststes
the same manner under the regulations iron
the circuit courts Of the United States, whero tho yaln
Of tho property the amount ~ controversy, to be
cerained by the oath affirmation Of either patty o
other competent witnesses shall exceed housan
dollars except that writ Of appeal shall 10 NJ
lowed 10 the supreme Court Of the United States from tn
decision Of the said supreme court created by this act
ofany judge thereof the disretc created by th
act Or OF any judge tn rvo upon any ws Of hAbols
pus Involving the question OF personal freedom And