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IN THE SENATE OF THE U. STATE.
JAftOair 29, 1847.
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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.
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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
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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
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oenrt, or the iud tannaY,
clerk, wlwaksllalananthn
eery, and ahall latafUnnt
aere the eonnaanyae n
court in and for suakxf mm
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at kkeM.mkm'ahkMmmm,m
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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'
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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
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same regulation a pa
bond and security, and Mm
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