Year: 1864

lPUBLIC-NO. &c


AN ACT to provide temporary government for the


IsrritOry Of Montana.


Be Il enacted b the Senate and House Of Representatives.
Of the United States Of America Congress assembled
all part OF territory Of United states
included within the limits 10 wit Commencing Al a
point formed by the intersection the twenty
degree Of longitude west from Washington with the for
fifth degree OF north latitude, thence duo
forty nth degree o latitude point formed by
intersection with tho thirty fourth degree ong
tuds west from Washington, thence due south along
said thirty fou Ia degree Of longitude 10 intersection
with the forty fourth degree thirty north
latitude thence due west song s1n ttl tS1 tSus'h 10 de-
formed by intersection with the OF the Rocky
mountains; thence following the crest Of the Rocky
mountains northward TIL ts Intersection with the Bit
Root mountains thence norhward along The crest Of
said Bitter Root mountains 10 Its intersection with the
thirty ninth degree Of longitude west from Washington
ward 10 the boundary line Of the British possessions
thence eastward along said boundary line 10 the twenty
seventh degree Of longitude west from Washington
thence southwark along said twenty seventh degree
longitude the place Of beginning, be and the same Is
hereby created into q temporary government by the
of the Territory OF Montana Pr0ctdcd mat moth
ing Ia this act contained shall construed inhbt
OF the United States from cvdi SAID
Territory changing its boundaries IN such manner
such Congress shall deem convenient and
proper from attaching any portion Of said Territory to
any state Territory o the United states PrOvsd
further nothing IN this act con taned shall
strued impair the rights Of person or property now
pertaining 10 the indians Territory so long
such rights shall remain unextinguished BY treaty be-
tween the States and such Indians, 20 include
any territory which, by treaty Win any Indian tribes,
not without the consent OF said tribe 10 be included
territorial limits or jurisdiction Of any state
Territory but all such territory sha be excepted out
OF the BOUNDARIES constitute part of The Terri
tory Of Montana, until SAID tribe shall signify their
sent to the the United States included


within said Territory TO affect the authority lOf the
Gov eminent Of the United States mako any regua
lions respecting Indians their lands, property
rights by treaty law otherwise, which il would
competent Tor the Government 10 mako this
act had never passed


Sec p And be l f4rther enacted That the Executive
power anu authority and said Territory Of Mon
lana shall be vested in Governor who shall hold his
ONCE for four years aud until his successor shall be
pointed and qualified, unless sooner removed by the
President Of The United States Tho Governor shall
side within said Territory and shall be commander u-
chief OF the militia and superintendent Of Indian affairs
thereof lie may grant pArdOns and respiss for often
against the LAWS O said Territory aud rspreve for
offences against the OF the United Until the
cslon President Of the United States be made
known thereon he shall commission all officers who shall
be appointed 10 office under the laws Of said Terri
tory shall lake that the laws be faithfully
ecuted.


Sec g. And Be 1t further enacted That there shall be
Secretary Of said Territory, VINO shall reside therein
hold his once for four years unless removed
by the President Of the United States hs shall record
sud preserve ali 4~s and proceedings Of the Legislative
Assembly hereinafter constituted and all thu and
proceedings OF the Governor Ia executive department
ae shall copy OF the laws journals Of
legislative Assembly within thirty days after the end OF
session and copy Of the executive procesdni
and ocIA correspondence semi annually, The first
Gays o. January aud July year the President
OF the United States and two copies Of the laws the
President Of the the Speaker OF
Of Representatives. for the OF Congress And
Of tho DEATH removal, resignation, absence Of the
Governor from Territory, the Secretary shall be-
he Is hereby, authorized anu required and
perform Ali powers and duties Of the Governor dur
ing such vacancy OF absence or until another Govern
or shall be duly appointed and qualified TO Ill such va
cancy.


sec l. And BE- u further enacted That the legislative
power and authority Of said Territory shall be vested
the Governor and Legislative Assembly. The Legis.a
tive Assembly shall consist OF council and house O.
representatives. The council shall CONSIST Of sever
members, having the qualifications Of voters herein
alter prescroed whose term OF service shall continue
two years. The house OF representatives shall il
drst session. consist Of thirteen members pOssessnI
the qualifications prescribed for the members o
the council aud whose term OF shall coutinu
one year. Ihe number OF representatives may be IN
creased by the legislative Assembly from time
twenty six proportion the increase Of quafs,
voters and the council ike manner, thirteen
AppOr tiOnment shall be male nearly equal practi
cable among the several Counties districts for th
election OF the council and representatives, giving
each section Of the Territory rePr sentaOn in the ra
| Of lis qualified voters nearly may be- And tn
members Of the council and Of the house OF represen
tves shall reside in and be inhabitants Of the dstrc
county counties Tor which they may be elected re
spectlyey. Previous 10 the first election the Governo
shall cause census enumeration OF the inhabitAnt
and qualified voters Of the several counties and district



such mode the Governor shall designate aud appoint
and the person 50 appointed shall receive REASONABLE
compensation therefor And the nrst election shall
held such and places, and be conducted in
manner, both TO the persons who shall superInten
such election and the thereof the GOveruo
shall appoint and direct; and be shall az the same tim
declare The number OF members the council and
Of representatives 70 which each OF the coultes d


rcts shall DC e4tltled under This act The persons


ing the highest number OF legal votes in each Of Sal
council districts respectively Tor members OF the cOuI
e shall be declared by the Governor 70 be duly eece


10 the council and the persons having the highest nun
Der Of legal votes for the house Of representative


each OF said representative districts respectively aha
be declared BY The Governor 10 be duly esc ted meu
oers OF said house, Pr0rtdeG That II two MOI
persons voted FOR shall have equal number OF vote
and II case vacancy shall otherwise occur II eth,
branch OF the legislative Assembly the Governor shs
order a new election And the persons thus elected


the legislative Assembly shall meet at such pace
on such day as the Governor shall appoint; but ther
after the time, place, and manner or hotisg and co
ducting al elections BY the people and ths apperto