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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.

duties.

3. There shall be a 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 assembly His powers and 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-annually, 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 congress. And in case of the death, removal, resignation or absence of the governor from the territory, the secretary shall be and he is hereby authorized and required to execute and perform all the powers and duties of the governor, during such vacancy or absence, or until another governor shall be duly appointed and qualified to fill such vacancy.

3 March 1863.

Ibid. 23. Secretary.

When to act as governor.

III. LEGISLATIVE POWER.

4. The legislative power and authority of said territory shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives; the council shall consist of seven members having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years; the house of representatives shall, at its first session, consist of thirteen memHouse of repre- bers, possessing the same qualifications as prescribed for the members of the council,

sentatives.

and whose term of service shall continue one year; (a) the number of representatives may be increased by the legislative assembly, from time to time, to twenty-six, in proportion to the increase of qualified voters; and the council, in like manner, to thirteen. Apportionment. An apportionment shall be made as nearly equal as practicable among the several counties or districts for the election of the council and representatives, giving to each section of the territory representation in the ratio of its qualified voters as nearly as may be; (b) 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 respectively. Previous to the first election, the governor shall cause a census or enumeration of the inhabitants and qualified voters of the several counties and districts of the territory to be taken, by such persons and in such mode as the governor shall designate and appoint, and the persons so appointed shall receive a reasonable compensation therefor; and the first election shall be held at such time and places, and be conducted in such manner both as to the persons who shall superintend such election and the returns thereof, as the governor shall appoint and direct; and he shall, at the same time, declare the number of members of the council and house of representatives 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 council, shall be declared by the governor to be duly elected to the council; and the persons having the highest number of legal votes for the house of representatives shall be declared by the governor to be duly elected members of

New election in said house: Provided, That in case two or more persons voted for shall have

case of vacancy, &c.

3 March 1863 4. 12 Stat. 809. Constitution of the legislative assembly.

Council.

Residence.

Census.

First election.

an equal number of votes, and in case a vacancy shall otherwise occur in either branch of the legislative assembly, the governor shall order a new election; and the persons thus elected to the legislative assembly shall meet at such place and on such Subsequent elec day as the governor shall appoint; but thereafter the time, place and manner of hold

tions.

ing and conducting all elections by the people, and the apportioning the representation
in the several counties or districts to the council and house of representatives, accord-
ing to the number of qualified voters, shall be prescribed by law, as well as the day
of the commencement of the regular sessions of the legislative assembly: Provided,
That no session in any one year shall exceed the term of forty days, except the first
session, which may continue sixty days.

Ibid. § 5. 5. Every free white male inhabitant above the age of twenty-one years, who shall
Qualifications of have been an actual resident of said territory at the time of the passage of this act,

voters.

shall be entitled to vote at the first election, and shall be eligible to any office within
the said territory; but the qualifications of voters, and of holding office at all subse-
quent elections, shall be such as shall be prescribed by the legislative assembly.
6. The legislative power of the territory shall extend to all rightful subjects of legis-

Duration of sessions.

Ibid. 26.

(a) See infra 9-10.

(b) See act 20 June 1864, providing for a reapportionment of the territory, and the places of holding elections. 13 Stat. 142.

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3 March 1863.

lation 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; no Extent of legisla tax shall be imposed upon the property of the United States, nor shall the lands or other tive power. property of non-residents be taxed higher than the lands or other property of residents. Every bill which shall have passed the council and house of representatives of the said Veto power. territory shall, before it becomes a law, be presented to the governor of the territory; if he approve, he shall sign it; but if not, he shall return it, with his objections, to the house in which it originated, who shall enter the objections at large upon their journal and proceed to reconsider it; if, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of that house, it shall become a law; but in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house respectively. If 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 a law in like manner as if he had signed it, unless the assembly, by adjournment, prevent its return; in which case it shall not be a law.

Ibid. 7.

trict and county

7. All township, district and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by Appointment of the governor and legislative assembly of the territory of Idaho. The governor shall township, disnominate and, by and with the advice and consent of the legislative council, appoint officers. all officers not herein otherwise provided for; and in the first instance the governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the legislative assembly; and shall lay off the necessary districts for members of the council and house of representatives, and all other officers.

Ibid. 28.

office.

8. No member of the legislative assembly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been Exclusion of increased, while he was a member, during the term for which he was elected, and for members from one year after the expiration of such term; but this restriction shall not be applicable to members of the first legislative assembly; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of said territory.

14 Stat. 427.

9. The next session of the legislative assembly of the territory of Idaho shall be held 2 March 1867 2. commencing on the first Monday in December, A. D. 1868, and thereafter the legislative assembly of said territory shall be held biennially. And the next election for members of the legislative assembly of said territory shall be held on the second Monday in August, A. D. 1868, and thereafter said election shall be held biennially.(a)

Ibid. 3.

10. The members of the house of representatives of said legislative assembly shall be elected for the term of two years; and the members of the council of said legislative Term of office. assembly shall be elected for the term of four years: Provided, That at the first election hereafter one half of the members of said council shall be elected for the term of two years, and the remaining half for the term of four years; and the districts wherein members of the council are to be elected for the term of two years and the districts wherein members of the council are to be elected for the term of four years at the next election shall be determined by proclamation of the governor of said territory: Provided, That in all counties and election districts which shall be entitled to elect two members of the council, one of said members shall be elected for two years and the other for four years.

15 Stat. 339.

to be held.

11. Elections in the territories of Washington and Idaho for delegates to the house 8 March 1869 ? 1. of representatives of the forty-second congress shall be held on the first Monday of June, Anno Domini 1870, and afterwards biennially on the first Monday of June; and When elections such officers in said territories as are now elected at the same time with their delegates, shall be elected for offices thereafter to be filled, at the times herein specified, unless otherwise provided by the laws of said territory.

IV.

Sessions to be held biennially.

JUDICIARY.

12 Stat. 811.

12. The judicial power of said territory shall be vested in a supreme court, district 3 March 1863 3 9. courts, probate courts and in justices of the peace. The supreme court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, Supreme court, and who shall hold a term at the seat of government of said territory annually; and they shall hold their offices during the period of four years, and until their successors shall be appointed and qualified. The said territory shall be divided into three judicial District courts. districts, and a district court shall be held in each of said districts by one of the justices

(a) See tit. "Territories," 8.

3 March 1863. of the supreme court at such times and places as may be prescribed by law; and the

said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of justices of the peace, shall be limited by law: Provided, That justices of the peace shall not have jurisdiction of any matter in controversy, when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess chancery as well as common law jurisClerks of district diction. Each district court, or the judge thereof, shall appoint its clerk, who shall also

courts.

be the register in chancery, and shall keep his office at the place where the court may Errors and apbe held. Writs of error, bills of exceptions and appeals shall be allowed in all cases peals. from the final decisions of said district courts to the supreme court, under such reguClerk of supreme lations as may be prescribed by law. The supreme court, or the justices thereof, shall

court.

appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error and appeals from the final decisions of said supreme court shall be allowed, and may be taken to the supreme court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witnesses, shall exceed one thousand dollars, except that a writ of error or appeal shall be allowed to the supreme court of the United States from the decision of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writs of habeas corpus involving Federal jurisdic- the question of personal freedom. And each of the said district courts shall have and

tion.

exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States, as is vested in the circuit and district courts of the United States; and the rst six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws; and writs of error and appeal in all such cases shall be made to the supreme court of said territory, the same as in other cases. The said clerk shall receive, in all such cases, the same fees which the clerks of the district courts of Washington territory now receive for similar services.

Jurisdiction.

Justices of the peace.

Jurisdiction of supreme court of United States.

What causes to have precedence.

Fees of clerk.

13. There shall be appointed an attorney for said territory, who shall continue in office four years, and until his successor shall be appointed and qualified, unless sooner removed by the president of the United States, and who shall receive the same fees and salary as the attorney of the United States for the present territory of Washington. There shall also be a marshal for the territory appointed, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president of the United States, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be entitled to the same fees, as the marshal of the district court of the United States for the present territory of Washington, and shall, in addition, be paid two hundred dollars annually as a compensation for extra services.

Ibid. 15.

14. Until otherwise provided by law, (a) the governor of said territory may define the Judicial districts. judicial districts of said territory, and assign the judges who may be appointed for said

Ibid. 10. District attorney.

Marshal.

2 March 1867

14 Stat. 427. Supreme court may alter judicial districts.

territory to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts, by proclamation to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient.

1. 15. The judges of the supreme court of said territory, or a majority of them, shall, when assembled at the seat of government of said territory, define the judicial districts of said territory, and assign the judges who may be appointed for said territory to the several districts; and shall also fix and appoint the times and places for holding court in the several counties or subdivisions in each of said judicial districts, and alter the times and places of holding the courts, as to them shall seem proper and convenient.

V. LAND OFFICES.

27 June 18661. 14 Stat. 77.

16. The public lands within the territory of Idaho, to which the Indian title is or shall be extinguished, shall constitute a new land district, to be called the Idaho district, District of Idaho. to be located at Boise City, Ada county; and the president is hereby authorized to

appoint, by and with the advice and consent of the senate, a register and receiver of

(a) See infra 15.

public moneys for said district, who shall be required to reside at the place at which said office shall be located, and they shall have the same powers, perform the same duties, and be entitled to the same compensation, as are or may be prescribed by law in relation to land offices of the United States in other territories.

27 June 1866.

14 Stat. 77.

17. The president, by and with the advice and consent of the senate, shall be and he 29 June 1866 1. is hereby authorized to appoint a surveyor-general for Idaho, whose annual salary shall be three thousand dollars, and whose power, authority and duties shall be the same as Surveyor-genethose provided by law for the surveyor-general of Oregon; he shall have proper allowances for clerk hire, office rent and fuel, not exceeding what is now allowed by law to the surveyor-general of Oregon, and he shall locate his office at Boise City, in said territory of Idaho.

VI. MISCELLANEOUS PROVISIONS.

12 Stat. 812.

territorial

18. The governor, secretary, chief justice and associate justices, attorney and marshal, 3 Mar. 1863 11. shall be appointed by the president of the United States, by and with the advice and consent of the senate. The governor and secretary to be appointed as aforesaid, shall, Appointment of before they act as such, respectively, take an oath or affirmation before the district judge, cers. or some justice of the peace in the limits of said territory duly authorized to administer Oath of office. oaths and affirmations by the laws now in force therein, or before the chief justice or some associate justice of the supreme court of the United States, to support the constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the said secretary among the executive proceedings; and the chief justice and associate justices, and all civil officers in said territory, before they act as such, shall take a like oath or affirmation before the said governor or secretary, or some judge or justice of the peace of the territory, who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the secretary, to be by him recorded as aforesaid; and afterwards the like oath or affirmation shall be taken, certified and recorded in such manner and form as may be prescribed by law. The governor shall receive an annual salary of two thousand five Salaries. hundred dollars, the chief justice and associate justices shall receive an annual salary of two thousand five hundred dollars, (a) the secretary shall receive an annual salary of two thousand dollars; the said salaries shall be paid quarter-yearly, from the dates of the respective appointments, at the treasury of the United States; but no payment shall be made until said officers shall have entered upon the duties of their respective appointments.

The members of the legislative assembly shall be entitled to receive four dollars Compensation of each per day, during their attendance at the sessions thereof, and four dollars each for members of assembly, &c. every twenty miles' travel in going to and returning from said sessions, estimated according to the nearest usually travelled route, and an additional allowance of four dollars per day shall be paid to the presiding officer of each house for each day he shall so preside; and a chief clerk, one assistant clerk, one engrossing and one enrolling clerk, a sergeant-at-arms and doorkeeper may be chosen for each house; and the chief clerk shall receive four dollars per day, and the said other officers three dollars per day, during the session of the legislative assembly; but no other officers shall be paid by the United States: Provided, That there shall be but one session of the legislative Annual sessions. assembly annually, unless, on an extraordinary occasion, the governor shall think Extra sessions. proper to call the legislative assembly together. There shall be appropriated annually Appropriation for contingent the usual sum to be expended by the governor to defray the contingent expenses of the expenses. territory, including the salary of the clerk of the executive department; and there shall also be appropriated annually a sufficient sum, to be expended by the secretary of the territory, and upon an estimate to be made by the secretary of the treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws and other incidental expenses; and the governor and secretary of the territory shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the secretary of the treasury of the United States, and shall, semiannually, account to the said secretary for the manner in which the aforesaid moneys shall have been expended; and no expenditure shall be made by said legislative assembly for objects not specially authorized by the acts of congress making the appropriations, nor beyond the sums thus appropriated for such objects.

19. The legislative assembly of the territory of Idaho shall hold its first session at Ibid. § 12. such time and place in said territory as the governor thereof shall appoint and direct; Seat of governand at said first session, or as soon thereafter as they shall deem expedient, the governor ment. and legislative assembly shall proceed to locate and establish the seat of government

(a) $3500 by act 2 March 1867, 3. 14 Stat. 426.

8 March 1863. for said territory at such place as they may deem eligible: Provided, That the seat of government fixed by the governor and legislative assembly shall not be at any time changed, except by an act of the said assembly duly passed, and which shall be approved, after due notice, at the first general election thereafter, by a majority of the legal votes cast on that question.

20. A delegate to the house of representatives of the United States, to serve for the term of two years, who shall be a citizen of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other territories of the United States to the said house of representatives; but the delegate first elected shall hold his seat only during the term of the congress to which he shall be elected. The first election shall be held at such time and places, and be conducted in such manner as the governor shall appoint and direct; and at all subsequent elections, the times, places and manner of holding the elections shall be prescribed by law. The person having the greatest number of legal votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly. Laws of the Uni- The constitution and all laws of the United States, which are not locally inapplicable,

ted States extended to Idaho.

shall have the same force and effect within the said territory of Idaho as elsewhere within the United States.

Ibid. 13. Delegate to congress.

Ibid. 14. School lands to be reserved.

Ibid. 16. Security, how given by officers.

Ibid. 17. Indian rights to be observed.

Indian agents, &c.

11 July 18621. 12 Stat. 536.

21. When the lands in the said territory shall be surveyed, under the direction of the government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six, in each township in said territory, shall be and the same are hereby reserved for the purpose of being applied to schools in said territory, and in the states and territories hereafter to be erected out of the same.

22. All officers to be appointed by the president of the United States, by and with the advice and consent of the senate, for the territory of Idaho, who, by virtue of the provisions of any law now existing, or which may be enacted by congress, are required to give security for moneys that may be intrusted with them for disbursement, shall give such security at such time and in such manner as the secretary of the treasury may prescribe.

3 July 1868 1. 15 Stat. 82.

23. All treaties, laws and other engagements made by the government of the United States with the Indian tribes inhabiting the territory embraced within the provisions of this act, shall be faithfully and rigidly observed, anything contained in this act to the contrary notwithstanding; and the existing agencies and superintendencies of said Indians be continued, with the same powers and duties which are now prescribed by law, except that the president of the United States may, at his discretion, change the location of the office of said agencies or superintendents.

1. Southern district enlarged.

Minois.

I. CIRCUIT AND DISTRICT COURTS.

1. That the counties of Hancock and McDonough, in the state of Illinois, be and the same are hereby detached from the northern district of Illinois, and the same are hereby Southern district attached to the southern district of Illinois; and said counties shall hereafter constitute enlarged.

2. Additional terms at Cairo.

a part of said southern district of Illinois, the same as if said counties had originally belonged to said southern district. (a)

2. In addition to the terms of the district court of the United States for the southern district of Illinois, now required by law to be held at the city of Springfield, terms of Additional terms said court shall hereafter be held at the city of Cairo, in said state, commencing on the first Mondays of March and October in each year.

at Cairo.

(a) The remainder of this act provides for the transfer of pending causes, the service of process and the execution of judgments in causes not transferred.

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