saslllpjia 7-Jf jLs& if ! "fl rr yvpi mrww & JOT & i. Tt IN THE SENATE OF THE U. STATE. JAftOair 29, 1847. teMflAft c,uxn 2Jp ''V'.-' J-: lMlf&M . v ; i -;. Recommitted to the Commltteo en tits Judioiary. Psmvabt 10. 1847. i Reported with amendment, vis Broke out the parte within bracket, and ioeert Uiom printed in italics. -? . iw wwTmmw&tm nm mm m.vw VVastwaaitfw saksa Ms wyT j tp a. 3Si 4tJ y k"ti lif' -r i-y-Mtfi'iF Km aatrtlatai Um T rlterieilwf r TZlTZMX JS1T.'JA: . -r M urego a,ttr.n".i'. fTT " '"" rJ!m" Luia feat r' MlXwiWIJ&PWfc f. fl-Kj- I ' HJl' w If . i v. S - . w ' t .m .a rh c a VHiiUAmbH,TM from aa ai mr the aaasago of this eel,, all that part of the territory of the United States which lies west ef the eummitef the Rocky mountains shall be organized into and constitute a tem porary government, by tho name of the Ter ritory or Oregon." fPreeufee', That nothing in tale act contained shall be construed to im pair the rights of person or property now pertaining to the Indians in said territory. so long aa such rights shall remain unextin guished by treaty octwocn the United States and such Indians ; or to affect the authority of the government of thb United States to make any regulation respecting such Indians, their lands, property, or other rights, by trea ty, law, or otborwisc, which it would have bean oompetent'to tho government to make if this act had never passed :, And provided, fnrlbormx njMhlnff in this act eoatained shall be'eonstrueii to inhibit tho government of the United States from dividiiigsahPtorri lory into two or more territories, in such manner and at such times as Congress shall deem convenient and proper, or from attach ing any portion of said territory to any oth er State or Territory of the United States. Sec.' 9. And be it further enacted, That the executive power und authority in and o ver said territory of Oregon shall be vested in a governor, who shall hold his office for four years, and until his successor shall be unpointed and Qualified, unless sooner remov ed by the President of the United States. The governor shall resido within said terri tory, shall be commander-in-chief of the rnukia thereof, shall perform the duties and tve the emoluments or superintendent of i attain, and shall approve or all laws Efcy Hal rmMatko assembly haJbre A t - they snail take effect: he may grant part and respites for offences agairut the laws of said territory, and reprieves Tor offences a- Sainstthe laws of the United States until the rciaion of the President can be made known thereon; ho shall commission all officers who ahall bo appointed to offico under the lawa of tho said territory, where by law such commissions are required, and shall take care that the laws bo faithfully executed. Sec. 3. And be it further enacted, That thoro shall bo a secretary of said territory, who shall resido therein, and hold his ojfice for fourljfee years, unless soonor rcmo'! by tho President of tho United Stntes: he shall record and preserve all tho luws and proceedings of tho legislative assembly here inafter constituted, and record all tho acts and proceedings of tho governor in his ex ecativo department; hn shall transmit ono copy of tho laws and journals of the leuiila- five assembly within thirty days after the end of rjxch session, and ono copy ol the executive proceedings on or Iwtbro thn first day of He cemborj and official correspondence, semi-annually on the first day t of January and July, in each year, to tho President of tho United States, uud at tho ramo time two copies of tho laws to the fresnUnt of the senate, ana to the Speaker of the IIouso of Representative for tho ubo of Congress. And, in cams of tho death, removal, resignation or other ne cessary absonoo of thn governor from thn territory, the secretary shall have, and he is horoby authorized and required to execute und perform, all tho power and duties of the govornor, during such vacancy or iiccos NsryJ absonco, or until another govornor uhell be duly appointed oii qualified to fill hucIi vacancy. ' Sco. 4. And be it further enacted, That tho legislative power mid uuthority.yf said terri tory shall bo vested in thn governor and a legislative assembly. Thn legislative) as sembly shall consist ol' n council and house of representatives. The council shall coii sist of thirteen niiw incmhers, having tho cpialifications of voters ns horeinafter pro scribed, whoso term of sorvicn shall contin ue two years. Thn house of representatives .shall, at its first session, oonslit of twonty pix eighteen members, possessing tho same jiualiiualioua as prescribed for inombora of av aaaadfaW iiHUJ wtfRM VH SfVwCC IMfVM tMMMv MH0 MVal aw ffw MV 9avC?sv OTMafeWsFp MC4T VBviwawVvlw mt rCww&mvGf vvMfMPsWtwf SNA MENa?. J Vpw rebed. a bUtlle kdmtoMth mt muk and id Inter residents in sail terriUnim 0M far frevious l an election tkaUU rtftdr. See. fi. And be it further enacted, That the legislative power of the territory ahall ex-' tend to all rightful subjects of legislation'; bat no law ahall be passed interfering with the primary disposal of theeoil ; no tax ahall be imposed upon the property of the United 8tatee ; nor ahall the lands or other property of non-residents be taxed higher than the lands or other property of residents. All the lawa pasaed by the legislative aeeembly and governo shall be submitted to the oon freasof the United State, and if eHenmro. giVstall WaatJelMsSssotr FmUii, iknt nothing in this act ahall be czssiraed to give power to incorporate a bank, or any institution with banking powers, or to borrow aaoney in the name of the territory, or to pledge the faith of the people of tho same for an v loan whatever, either directly or in directly, and no charter granting any privilege to any association of making, issuing, or putting into circulation any notes or bills in the likeness of bank notes, or any bonds, or scrip, drafts, mils of exchange or obligations, or granting any other banking powers. or privileges, shall be massed bnthe governor and Istismhe naawi My; nor shall the esUMmmenttfsmyorancn or agency of mop tuck osrpsration, derived from 'otherautheriig,keallowdinsoMisrri;nor nkall smid governor and legislative assembly urn. morise the issueof amy oUigmtion, scrip, or vol. of tbncouwUebU iMwid rnor to be duly elected to theTiaaniaV aissmisr, eiayclafajsssajfiTywi tho council, and whose torm of service shall continue one year. -The number of repae sentativeamay be iaereaaed by the legiaia tive aasembly from titno to time, in Pf"" linn in thn InnrrsWt of tDODalatioal MSiU voters: Provided, That tho whole nxmvttof the house of representatives shall never exceed thirty-nine. And an apportionment ahall be mado, aa nearly equal as practicable, among tho several counties or district, for the election of the council and representa tives, giving to each section of tho territory representation in the ratio of its population, Indians excepted qualified voters aa nearly aa may lid. And the members of the conn all and of the Iiomm of representatives ahall reside in and be inhabitants of the district or raumiu nr itnattirM Tor which thev mav be eleo. tad respectively. Previous to thn first eleoA tion, the govornor shall cause the a oenauw or enumeration of the inhabitant and quali fied voters of the several counties and districts ol tho torntory to do lanen, oysucn persons and in such mode as the governor shall desig. note and appoint, and the person so appointed shall receive a reasonable compensation there for, and the first election shall be held at audi time and places, and bo conducted in such manner, both as to the persons who shall su perintend such election and the returns thereof, as tbo governor shall appoint and direct; and ho shall, at the samo time, declare the num ber of members of the council and house of representatives to which each of the coun tiaa or districts shall be entitled under this aet. The fnumber of 1 persons (authorized to be elected having the highest number of legat votes in eacn oi hiu uuuih.ii uwtuiaa feraaaaanaza hv tha snvarnor council: and the foe won or 1 Dersona (author ized to be elected having the greatest high est number of votes for tho houso.of repro sontatives equal to the number to which each county or district shall bo entitled ahalr'be declared by tho governor to oc auiy eiectea members of tho house of representatives Maid house: Provided. That, in case fof a tie between two or more persons voted for shall have an eaual number ot rotes, ana m com a vacancy shall otherwise occur in either branch the legislative assembly, tho governor ahall c dor a new election to supply the vacancy made by such tic And the persona thus elected to the legislative assembly ahall meet at such place and on such day aa the gov ernor shall appoint ; but, thereafter, the time, place, and manner of holding and oonduat ing all elections by the people, and the apW portioning tho representation, in the several counties or districts, to tho council and house of representatives, according to population qualified voters, shall bo prescribed by law, us well ai the day of tho commencement of thn regular sessions ol the legislative as sembly: Provided, That no ono session shall exceed tho torm of sixty days. Sect. 5. And be it further enacted, Thatev. ory froo white male inhabitant abovotho ago of twenty-one years, who shall have been a resident orl resided m said territory fat tho time or Ihe tnuajra of this act! thirtu daus previous to said first election, and shall pos sess tho qualifications hereinafter presort oea, shal 1 be entitled to vote at the first J said eleo. tion ; but tho qualifications of voters at all, subsequent elections shall bo such aa ahall be prescribed by the legialativo assembly, tobawstWetbeA at'TintJjni StrtM to said territory; and allsuchlmms shall bent- terly null and void; and all taxes shall be equal and uniform, and no distinction shall be made in assessments between 'diferent kinds of pro perty, but the assessments shall be according to the value thereof. , Sec. 7. And be it further enacted, That all townshin. district, and countv officers, not 4wreln otherwise provided for, shall be ap pointed or-elected, aa tho oaae may be, in such manner as shall bcTprovided by the gov ernor and legislative assembly of the terri- r ol urcgon. The governor snail inom ,e, and, by and with the advice and con- sent ofjh legislative council appoint all of. doers '..ji herein otherwise provided for; and in the first instance the governor alone may S joint all said officers, who shall hold their oea until the ond of tho next session of the legislative assembly .1 Sec. 8. And be it further enacted, That no member of tho legialativo assembly shall hold or be appointed to any office which shall havo been created, or the salary or emoluments oi which have been increased, while he waa a member, during the term for which he was elected, and for ono year after the expjratitn ot such term : rronaoi, That tm prohitn- tion shall not extend to the members of the first legislative assembly which may be elected in said territory ;, and no person holding a com mission or appointment under, the U. States, except noat masters, shall be a member of the hogisjative assembly, or ahall hold any office mndor thn government ot said territory. Sec. 0. And be U further enacted, That the judicial power ot aaid territory shall bo vest. nd in a supremo court, district court, ipro except anlu that such voters shall be cititensofihato courts,! and in justices of the peace the United States at such first and at all subse-1 The supremo court shall consist of a chief quent elections: Provided, That tho right of suffrage shall bo exercised only by citizons of tho United States, and those who shall havo declared, on oath, before somo court of record, their Intention to become such, ana shall havo takin an oath to support thn con( stitutiou of tlul United States and tho pro' visions of this act that no officer, soldier, seaman, or marute, or other person in the army or navy of the United States, or attached to troops m the sendee of the United States, shall justico and two asaociato justices, any two ot whom shall const it uto a quorum, and who shall hold a torm at the seat ot government of said tnrritnrv anntiallv : and thev shall hold their offices during tho period of four yoara,aWimi their suceessersHire appoints and ouhsmed. Tho said territory ahall be di- .vidod into thrco judicial districts, and a dis- triot court shall ho hold in cacn oi aaia ais- friots by one of Mho justices of the aupremo court, at such times and. places aa may oe be allowed to tote at any election by reason ofl proscribed by law for the trial of all eases ' TJnt'lsnaAiai'nf wtmmWhmm'maam ay when Use tan lUieistHe,a VU sMUl VJUMW sOTBWJsnaWMsHP' pU fftpfMMf UM WapWOhmWW wumvuu ww JiBvajsasjoeBu oenrt, or the iud tannaY, clerk, wlwaksllalananthn eery, and ahall latafUnnt aere the eonnaanyae n court in and for suakxf mm wyM aww naaPnsVew swajePew awav w ammnm at kkeM.mkm'ahkMmmm,m wjt,amBmM9m,amp anki aaa4vsai CMVV4W afsWA wMsfvM the ptauumoraHnfeUhM2 nr, of certtormri, MlJafor peabl and all oaerkgal i and revision, shnH ha nHoanad from as to the faml ovobnoimoft courts, to tne anpwan oomvu nlationa. aa aanv fen metrmmm in no oaae retnoved.te taaalaHaiaia trial by jury be aUaaveev aanramn conrL or ann jnati aasniBt ita own steak, and' - rmr . r- - holdhiaofioeatthe which he shall have of error and apnea finan' of aaid aanfsann oonnaWI may bn taken to tne United State, in Use saaa der the aamn reausitht1 jisaiUnaan value of the property or troversv. I to be aeaenaini firmation of either party, or'i witneesee, ahall exoeaal dollars: and each of thn I ahall have and eaardaa thn in all oases arwing in and lawa of the United the circuit and district States, and also ef all t lews of the smid territory and the first six daya of every tarns w . orsomuchtbereoraaanaunaa be appropriated to thn trktlf i under the aaid conattaetfoaVJ write of error and anpaala.-in' ahall be made to thn aUBiiaai territory, the aaaan aa in aahal said clerk ahall reoeir; in tho same feea which thn n courts of Wisconsin territory similar service: and ends aft district courts and tho cawftia'. court shall, respectively, aim um two or more sufficient mm'itissiau0 UdStaUsandondtotarrwsrp the venal sum of nee ttaaanwi ,4 Honed for the faithful discharge of his office; which bond smmMtm, one of the atstrmjmsgos; am bf ae condition thereof, simUbs the use ofanu uartm or.mwsan " m r by. i ipjJt4tuM Sep. 10. AndHMJnrmor there ahall be appciatna an a territory, who snail years, and until his ed and ouakhed, uoleaa the president, and . who same feah and aa!T m United States (ef tie a Wisconsin. Thar for the territory office for four years, Mkall be amxnnted 04 removed by the prooiiotd',umi cute all niooesae isannsg h when exercising tbeirjw arul district court nf Us Ul .kn MrCnm th duti.iha .. . ':. same regulation a pa bond and security, and Mm nkl mm WAm fSfl Z3LS tmmWmWmlmmW - mbsosoot.mKmmmmmmmY - ' - 'JCBSaBVk. y"WJmmmL i il rtt."l f If av;; &&. ava