Smyrna times., 1865-05-04
OFFICIAL.
[PuBLrc-No. 76.l
LAWS OF THE UNITED STATES,
Passed at the First Session Of the TRirty-eighth
Congress.

[PuBLrc-No. 76.l
AN ACT to provide temporary government for the
Territory of Montana.
BE it enacted by tie Senate and House of Repre-
seHtatiues of the United States of America, in Goa
cress assembled That all thut part Of the territory
of the United States included within the limits to
wit: Commencing at point formed by the intersee-
tlun OF the twenty seventh degree Of longitude "es'
from Washington with the forty fifth degree o. "ol'
latitude; thence due west on said fortyhitn degree
of latItuds To point formed by its interSec'i ~
the thirty fourth degree of Longitude "tst iou
Nasbin Yfnn E. thence dne south along SAID thirty
fourth degree of longitude to its lntersection WIN
the forty fourth degree and thirV i'u' " nO' "a
latitude thence due west along s'lu Iorty-'oul'" ue
ao aud thirty minutes of north latitude to point
cnd hv its intersection with the crest ot the Rocky
,onntans: thence following the crest of the Rocky
maintains northward Till its intersection with the
Ritter Root mountains; thence northward along the
crest of said Bitter Root mountains to its intersec-
tiun with the thirtynlnth degree of longitude west
from Washngton; thence. along said thirty y-nlnth
degree oflungiude norlhWard to the boundary line
of The British poSscssuns; thence eastward along
SAID boundary line to ne twenty seventh degree OF
longitude west from Washington; thence southwark
along said twenty seventh degree OF longitude to the
p1ce Of beginning, be aud the same Is hereby crea
tGd into temporary government by the name of the
Ierrlury OF Montana PrOrided, That nothing in
tls contained shall be construed to inhlbit the
Government OF the United States from dividing said
Territory changing its bound tres in snch manner
and at such time Congress shall deem convenient
and proper, or from attaching any portion of said
4 Territory to any other State Territory of the
.iited States: PrOUidtd further, That nothing in
tils Contained shall be construed to impair the
rights of person property now pertaining TO the
Indians in said Territory long as such rights
shall remain unextingushed by treaty between the
lnIted States aud such Indians, or 10 incindo any
territory which, by treaty with any Indian tribes,
not, without Consent Of sIid tribe, to be Incu
dtd within the territorial limits or jurisdiction ct
any State or Territory but all such territory shall
be excepted out Of the boundaries and constitute no
part of the boundary Of Montana uitil said tribe
snail sighity their assent to the President of the Uni
ted st ties to be included within said Territory,
aft ct the authority of the Government of the United
Y States TO make any regulations respecting such In
dlins their lands, property, other rights by trca
y, law, or otherwise, which it would have been COIN
plent tor the Government 10 make if this act had
n.vtr passed.
Sc. ,. And be it further enacted, That the Exec
uyc power and authority in and said Territory
Of 'ntana shall be vested in Governor, who shall
h Id his office for four years, and until his sue
shall be appointed and qualified unless sooner
ln)gcd by the President of the United States. The
Governor shall reside within said Territory, and
4 shah b. conmander.in. chief of the militia and
P.rlntendent of Indian affairs thereof. He may
grant pardons and respits for offences against the
1--WE of said Territory, and reprieve for offences
against the laws of the United States until the dec
sion OF the President of the United States can be
made known thereon; he shall commission all OIL
GERS who shall DC appointed TO Office under the laws
OF the said Territory, and shall take that the
laws be faithfully executed.
Sec. 3. Ind be it further enacted, That there
shall be Secretary of said Territory, who shall re.
side therein and hold his Office for our years, unless
sooner removed by the President Of the United
States; he shall record and preserve all laws aud
proceedings of the Legislative Assembly hereinafter
Constituted, and all the acts and proceedings of the
Governor 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. and one copy of the executive
proceedings and official correspondence semI-anualIy
on the mist days of January and July in EACH year
% the President of the United States and two cOpie.
OF the laws to the President of the Senate and to IN,
Speaker OF the House of Representatives. for the use
a OF Congress. And in Of the DEATH removal re
signation, or absence of The Governor from the Ter
nit ry the Secretary shall be, and he is hereby, au
torzed and required to execute and perform all tn
powers and duties of the Governor during such Vi
cancy or absence, until another Governor shall
duly appointed and qualified to fill such vacancy.
Sec. 4. ARd be IL further enacted, That the leg
lltiye power and authority of said Territory shall
vested III the Governor and a Legislative Assembly
The Legislative Assembly shall consist oil a cOunc
and house of representatives,. Inc council sha
Il consist of seven members, having the qualification
K of voters, as hereinafter prescribed, whose term
service shall Continue two years. Tie house OF rel
r,entatives SHALL at It's FIRST session, consist OF thu
TO n members, possessing the same qnalihcHtions
prescribed for the members of the council ana wh"
tenn of service shall continue one year. The nun
b br OF representatives, may be increased by the Lee
II slItive Assembly, from time TO time TO twenty-sl
IN proportion to the increase OF qnilIhed voers al
the Council in like manner, t. thirteen. An appo
tlonmcnt shall be made as nearly equal as practic
ble amcng the several Counties or districts lor u
.ta .a..t, ~
each section of the Territory representation IN u
ratio Of its qualified voters as nearly as may
And the members Of the council and oi the mousse
representatives shall resiCe in, and be inhabitants
The district or county counties tor which they ma
be- elected respectively. Previous to the first ele
toa the Governor shall cause a census or enumer
ton of the inhabitants and qualified voters of Il
s;ycra counties and districts Of the Territory TO
tIken by such persons ano IN such mode as the Go
shall designate and appoint, and the person
appointed shall receive a reasonable compensate
therefor And the first election shall be held 1T sue
time and places, and be conducted 10 such manne
b 9TH as to the persons who shall superintend sue
election and the returns thereof, as the GoVern'
snail appoint and direct; and he shall at the sau
dinls declare the number of members OF the counc
and mousse Oh representatives, TO which each of u
counties or districts shall oe entitled under this aC
'fhc persons having the highest number of leg
votes in each of said c0lnci districts resDectycl
for members of the council, shall be declared by ii
Governor to be duly elected TO the councils and Il
persons having the highest number Of legal votes f
the house OF representatives in each Of said reprcse
tative districts, respectively shall be declared by Il
Goverr or to be duly elected members Of said hous
Provided, That in case two or more persons vot
for shall have equal number OF votes, and IN ca
f vacancy shall otherwise occur IN either branch
the Legislative Assembly, the Governor shall orc
r. new. election. And tho pcrspns thus elected TO
Legislative Assembly, slfsllmeet at such place
on such day as the iGioyernor shall appoint;
thereafter the time, place and manDer of hold
and conducting all elections by the people, and
apportloning The representation in the several COT
ties or districts TO the council and house cf repres
II tatiVes, according 10 the number Of qiaied vote
I shall be pfescribed by law. as well as the day of
2 commencement gf The SECULAR sessions of the Lei
htive Assembly: Propided, That no session in q
one year shall exceed tho term offorty days; exc
: Is Ir p. 1T ..F,.t-.-, r; rtr