The tri-weekly standard. [volume] (Raleigh, N.C.) 1866-1868, 1867-01-17


ment of the United States from dividing said
Territory changing its boundaries III such
manner and at such time as Congress shat! deem
convenient and proper, or from attaching any
tlon of said Tel eritory TO any other state or terri
tory of the United States: Provided, further,
That nothing in this act contained shall be con-
strued to impair the rights of person or property
now pertaining to the Indians in said Territory,
SO longas such rights shall remain unexting
by treaty between the United States and such In
dians, to include any territory which, by treaty
with any Indian, tribes, is not, without the con
sent of said tribe, to be included within the terri
toria limits or jurisdiction of any state or terri
tory; but all such territory snail be excepted out
OF the boundaries, and constitute no part of the
Territory of Idaho, until said tribe shall signify
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 such
Indians their lands, property, other rights, by
treaty, law, otherwise, which it would have
been competent for the Government to make if
this act had never passed.
Sec. g. And be it further enacted, That the
executive power and authority in and over said
Territory of Idaho shall be vested in governor,
who shall hold his office for four years. and until
his successor shall be appointed and qualified,
unless sooner removed by the President of tue
United States. The governor shall reside within
said Territory, and shall be communicative chief
of the militia, and superintendent of Indian
affairs thereof He may grant pardons and re-
spitcs for offences against the laws of sad Terri
tory, and repreve for offences against the laws OF
dent of the United States can be made known
thereon; he shall commission all officers who
shall be appointed to office under the laws of the
said Territory, and shall take care That the laws
be faithfully executed.
Sec. 3. And be ii further enacted, That there
shall be 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, hereinafter constituted, and all the acts and
proceedings Of the governor in his executive de-
partment; he shall transmit one copy of the laws
thirty days after the end Of each session, and one
copy of the executive proceedings and ofhcIaI
correspondence semannuaily, on the first days of
January and July in each year, to the President OF
the United States, and two copies of the laws to
the President of the Senate and to the Speaker OF
the House OF Representatives for the use of Con-
gress; and in of the death, removal, resgna-
ton, or absence of the governor from the Terri
tory, the secretary shall be, and he is hereby au-
thorized and required to execute and perform all
the powers and duties OF the governor during
such vacancy or absence, until another COVER
nor sh II be duly appointed aud qualified 10 fill
such vacancy.
Sec 4. And be it further enacted, That the
legislative power and authority of said Territory
shall be vested in the governor snd and legisa-
tive assembly. The legislative assembly shall con-
sist of council and house of representatives,
The council shall consist of seven members having
the qualifications OF voters as hereinafter pre-
scribed, whose term of service shall continue two
The house OF representatives snail. ;lt lis
first session. consist of thirteen members posses
sing 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 by the iegisa-
tive assembly, from time to time, to twenty-six,
in proportion to the increase of qualified voters;
and the council, in like manner, to thirteen. An
apportioument shall be made as nearly equal as
practicable among the several counties or districts
fur the election OF the coun,a and representatives,
giving TO each section of the Territory rePrcsen-
ia;o in the ratio of its qualified voters as nearly
a. mav be. And 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 elected respec-
tively Previous to the first election, the Cover
nor shall cause census or enumeration OF the in
habitants and qualified voters of the several
counties and districts OF the Territory to b. taken
by such persons and in such mode as the cover
nor shall designate and appoint and the persons
appointed snail receive i reasonable compcns-
sation therefor. And the first election shall be
held at such time and places and be conducted
in such manner both rs to the persons who shall
superintcnd such election and the returns there
of, the governor shall appoint and direct; and
he shall, at the same time, declare the number of
members of the council and house OF representa-
tives to which each of the counties or districts
shall be entitled under this act. The persons
having the highest number OF legal votes In each
of said council districts for members OF the coun-
ell shall be declared by the governor to be dul:
elected to the council and the persons having
the highest number of legal votes for the house
nor to be duly elected members of said house:
Provided, That in case two or more persons voted
for shall have an equal number "t votes, and Ill
case 4 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 rs the governor shall
appoint, bat thereafter the time, place, and man.
rer of holding and conducting all elections by the
people, and the apportioning the representation
in the several counties or districts to the council
hF,,,c nf n,ArnSl ltito at
number of qualified voters, shall be prescribed
Ivy law, as we'll as the day of the commencement
of the regular sessions OF the Legislative assem-
bly,: Provided Teat no session i'll any one year
shall exceed the term of forty days, except the
first session, which may continue sixty days.
See. s. And be it further enacted, That every
free " hite male inhahtant above the age OF TWEEN
ty-One years, who shall have been i'll actual resi-
dent of said Territory at the time of the passage
of this act, shall be entitled to vote at the first
election, and shall be eligible to any office within
the said Territory: but the qualifications ofvoters,
and of holding office, at all subsequent eections
shall be such shall be prescribed by the legis-
lativc assembly.
Sec. 6. And be it further enacted That the
legislative power of the Territory shall extend to
all rightfu subjects of legislation consistent with
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
10 tax shall be imposed upon the property OF the
United States, nor shall the lands or other prop
erty Of non-reSdents be taxed higher than the
lands or Otucr property OF rGSlQ6nJS Every Dill
which shall have passed the council and house of
representatives, of the said Territory shall, be-
fore it becomes q law be presented TO the COVER
of the Territory; if he approue, he shall sign
It. but if not, he shall return it, with his objcc
tions, to the house in which it originated, who
shall enter the objections at large upon their
journal and proceed to reconsider it. II, after
such reconsideration, two thirds of that house
shall agree to pass the bill, it shall be sent, to-
e,ether with the objections, to the other house.
by which it shall likewise be considered; and if
approved by two thirds of that house, it shall be-
come law. But in all such cases the votes OF
both houses shall be determined by yeas and nays
TO be entered the journal Of each house re-
spcctvely. II any bill shall not be returned by
the governor within three days Sunday excepted)
after it shall have been presented to him, the
same shall be Il law in like manner as If he had
signed it, unless the assembly, by adjournment,
prevent its return in which it shall not be
law: Provided, That whereas slavery is prohibit
ted in said territory by act of Congress of June
nineteenth, eighteen hundred and siXty-twO,
nothing herein contained shall be construed to
authorize or permit its existence therein.
Sec. Z And be it further enacted, That all
township, district, and county officers, not here
in otherwise provided for, shall be appointed or
elected, las the case may be, in such manner rs
shall be provided by the governor and legislative
assembly of the Territory of Idaho. The COVER
nor shall nominate and, by and with the advice
and consent of theiegslative council, appoint all
officers not herein otherwise provided for; and |
in the first instance the governor alone may ap-
point all said officers who shall hold their offices
I,fris1