SECTION 1839. Nothing in this title shall be construed to impair the rights of person or property pertaining to the Indians in any territory, so long as such rights remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of such tribe, embraced within the territorial limits or jurisdiction of any state or territory; but all such territory shall be excepted out of the boundaries, and constitute no part of any territory now or hereafter organized until such tribe signifies its assent to the president to be embraced within a particular territory. [Sept. 9, 1850.]

SEC. 1840. Nor shall anything in this title be construed to affect the authority of the United States to make any regulations respecting the Indians of any territory, their lands, property, or rights by treaty, law, or otherwise. in the same manner as might be made if no temporary government existed, or is hereafter established, in any such territory. [Sept. 9, 1850.]

SEC. 1841. The executive power of each territory shall be vested in a governor, who shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the president. He shall reside in the territory for which he is appointed, and shall be commanderin-chief of the militia thereof. He may grant pardons and reprieves, and remit fines and forfeitures, for offenses against the laws of the territory for which he is appointed, and respites for offenses against the laws of the United States, till the decision of the president can be made known thereon. He shall commission all officers who are appointed under the laws of such territory, and shall take care that the laws thereof be faithfully executed. [Sept. 9. 1850.]

SEC. 1842. Every bill which has passed the legislative assembly of any territory shall before it becomes a law, be presented to the governor. If he approve, he shall

sign it, but if not, he shall return it, with his objections, to that house in which it originated, and that house shall enter the objections at large on its journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house 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, and the names of the persons voting for or against the bill shall be entered on the journal of each house. If any bill is not returned by the governor within three days, Sundays excluded, except in Washington and Wyoming, where the term is five days, Sundays excluded, after it has been presented to him, the same shall be a law, in like manner as if he had signed it, unless the legislative assembly, by adjournment sine die, prevent its return, in which case it shall not be a law: rided, That so much of this section as provides for making any bill passed by the legislative assembly of a territory a law, without the approval of the governor, shall not apply to the territories of Utah and Arizona. [Sept. 9, 1850.]

Pro

SEC. 1843. There shall be appointed a secretary for each territory, who shall reside within the territory for which he is appointed, and shall hold his office for four years, and until his successor is appointed and qualified, unless sooner removed by the president. In case of the death, removal, resignation, or absence of the governor from the territory, the secretary shall execute all the powers and perform all the duties of governor during such vacancy or absence or until another governor is appointed and qualified. [Sept. 9, 1850.]

SEC. 1844. The secretary shall record and preserve all the laws and proceedings of the legislative assembly, and all the acts and proceedings of the governor in the 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 thereof, to the president, and two copies of the laws, within like time to the president of the senate, and to the speaker of the house of representatives, for the use of congress. He shall transmit one copy of the executive proceedings and official correspondence semi-annually, on the first day of January and July in each year to the president. He shall prepare the acts passed by the legislative assembly for publication, and furnish a copy thereof to the public printer of the territory, within ten days after the passage of each act. [Sept. 9, 1850; Aug. 29, 1842: June 20, 1874.]

SEC. 1845. From and after the first day of July, eighteen hundred and seventy-three, the annual salaries of the governors of the several territories shall be three thousand five hundred dollars, and the salaries of the secretaries shall be two thousand five hundred dollars each.

[Jan. 23, 1873; May 1, 1876.]

SEC. 1846. The legislative power in each territory shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The members of both branches of the legislative assembly shall have the qualification of voters as herein prescribed. They shall be chosen for the term of two years, and the sessions of the respective legislative assemblies shall be bi-ennial. Each legislative assembly shall fix by law the day of the commencement of its regular sessions. The members of the council and of the house of representatives shall reside in the district or county for which they are respectively elected. [Sept. 9. 1850.]

SEC. 1847. Previous to the first election for members of the legislative assembly of a territory in which congress may hereafter provide a temporary government, the governor shall cause a census 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 he may designate and appoint, and the persons so appointed shall receive a reasonable compensation for their services. And the first election shall be held at such time and places, and be conducted in such manner, both as to the persons who superintend such election and the returns thereof, as the governor may 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 is entitled under the act providing such temporary government for the particular territory. The persons having the highest number of legal votes in each of the 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 that house: but in case two or more persons voted for have an equal number of votes. and in case a vacancy otherwise occurs 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 day as the governor appoints. [Sept. 9, 1850.]

SEC. 1848. After such first election, however, the time, place and manner of holding elections by the people in any newly created territory, as well as of holding all such elections in territories now organized, shall be prescribed by the laws of each territory. [Sept. 9, 1850.]

SEC. 1849. The apportionment of representation, which the governor is authorized to make by section eighteen hundred and forty-seven, in the case of a territory hereafter erected by congress, shall be as nearly equal as practicable among the several districts and counties for such first election of the council and house of representatives. giving to each section of the territory representation in the ratio of its population, except Indians not taxed: and thereafter in such new territory, as well as in all territories now organized, the legislative assemblies, respectively, may readjust and apportion the representation to the two houses thereof, among the several counties and ditricts, in such manner, from time to time, as they deem just and proper: but the number of either house, as authorized by law, shall not be increased. [Sept. 9, 1850; June 15, 1844.]

SEC. 1850. All laws passed by the legislative assembly and governor of any territory except in the Territories of Colorado. Dakota, Idaho, Montana, and Wyoming. shall be submitted to congress, and, if disapproved, shall be null and of no effect. [Sept. 9, 1850.]

SEC. 1851. The legislative power of every territory shall extend to all rightful subjects of legislation not inconsistent with the constitution and laws of the United States. But no law shall be passed interfering with the primary disposal of the soil: no tax shall be imposed upon the property of the United States: nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents. [Sept. 9, 1850.]

[Sec. 1852 repealed. Sup. R. S.. Ch. 7, p. 313.]
[Sec. 1853 repealed. Sup. R. S., page 200 par. 5.]

SEC. 1854. No member of the legislative assembly of any territory now organized shall hold or be appointed to any office which has been created, or the salary or emoluments of which have been increased while he was a member, during the term for which he was elected, and for one year after the expiration of such term; but this re

striction shall not be applicable to members of the first legislative assembly in any territory hereafter organized; and no person holding a commission or appointment underthe United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of any territory. The exception of postmasters shall not apply in the Territory of Washington. [Sept. 9, 1850.]

SEC. 1855. No law of any territorial legislature shall be made or enforced by which the governor or secretary of a territory, or the members or officers of any territorial legislature are paid any compensation other than that provided by the laws of the United States. [Jan. 23, 1873.] [Amended Sup. R. S. p. 201.]

SEC. 1856. Justices of the peace and all general officers of the militia in the several territories shall be elected by the people in such manner as the respective legislatures may provide by law. [June 15, 1844.]

SEC. 1857. All township, district, and county officers, except justices of the peace and general officers of the militia, shall be appointed or elected in such manner as may be provided by the governor and legislative assembly of each territory: and all other officers not herein otherwise provided for, the governor shall nominate, and by and with the advice and consent of the legislative council of each territory, shall appoint: but, in the first instance, where a new territory is hereafter created by congress, the governor alone may appoint all the officers referred to in this and the preceding section and assign them to their respective townships, districts, and counties: and the officers so appointed shall hold their offices until the end of the first session of the legislative assembly. [ Sept. 9, 1850.] SEC. 1858. In any of the territories, whenever a vacancy happens from resignation or death, during the recess of the legislative council, in any office which, by the organic act of any territory, is to be filled by appointment of the governor, by and with the advice and consent of the council, the governor shall fill such vacancy by granting a commission which shall expire at the end of the next session of the legislative council. [June 8, 1872.]

SEC. 1859. Every male citizen above the age of twenty-one, including persons who have legally declared their intention to become citizens in any territory hereafter organized, and who are actual residents of such territory at the time of the organization thereof, shall be entitled to vote at the first election in such territory, and to hold any office therein; subject, nevertheless, to the limitations specified in the next section. [Sept. 9, 1850.]

SEC. 1860. At all subsequent elections, however, in any territory hereafter organized by congress, as well as at all elections in territories already organized, the quali

fication of voters and of holding office shall be such as may be prescribed by the legislative assembly of each territory; subject, nevertheless, to the following restrictions on the power of the legislative assembly, namely:

First. The right of suffrage and of holding office shall be exercised only by citizens of the United States above the age of twenty-one years, and by those above that age who have declared on oath, before a competent court of record, their intention to become such, and have taken an oath to support the constitution and government of the United States. [Sept. 9, 1850.]

Second. There shall be no denial of the elective franchise or of holding office to a citizen on account of race, color, or previous condition of servitude. [Jan. 25, 1867.]

Third. No officer, soldier, seaman, mariner, or other person in the army or navy, or attached to troops in the service of the United States, shall be allowed to vote in any territory, by reason of being on service therein, unless such territory is, and has been for the period of six months, his permanent domicile. [Jan. 25, 1867.]

Fourth. No person belonging to the army or navy shall be elected to or hold any civil office or appointment in any territory. [Jan. 25, 1867.]

SEC. 1861. Repealed, Sup. R. S., p. 201. SEC. 1862. Every territory shall have the right to send a delegate to the house of representatives of the United States, to serve during each congress, who shall be elected by the voters in the territory, qualified to elect members of the legislative assembly thereof. The person having the greatest number of votes shall be declared by the governorduly elected, and a certificate shall be given accordingly. Every such delegate shall have a seat in the house of representatives, with the right of debating, but not of voting. [Sept. 9, 1850.]

SEC. 1863. The first election of a delegate in any territory for which a temporary government is hereafter provided by congress shall be held at the time and place in the manner the governor of such territory may direct, after at least sixty days' notice, to be given by proclamation; but at all subsequent elections therein, as well as at all elections for a delegate in organized territories, such time, places, and manner of holding the election shall be prescribed by the laws of each territory. [Sept. 9, 1850.]

SEC. 1864. The supreme court of every territory shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum and they shall hold their offices for four years, and until their successors are appointed and qualified. They shall hold a term annually at the seat of government of the territory for which they are respectively appointed. [Sept. 9, 1850.]

[Amended, see supra.]

SEC. 1865. Every territory shall be divided into three judical districts: and a district court shall be held in each district of the territory by one of the justices of the supreme court, and at such time and place as may be prescribed by law: and each judge, after assignment, shall reside in the district to which he is assigned. [Sept. 9, 1850.]

[Amended, see supra.}

SEC. 1866. The jurisdiction, both appellate and original, of the courts provided for in section nineteen hundred and seven and nineteen hundred and eight, shall be limited by law. [Sept. 9, 1850: April 7, 1874.]

SEC. 1867. No justices of the peace in any territory shall have jurisdiction of any case in which the title to land, or the boundary thereof, in anywise comes in question. [Sept. 9, 1850.]

SEC. 1868. The supreme court and the district courts, respectively, of every territory. shall possess chancery as well as common law jurisdiction. [Sept. 9, 1850; April 7, 1874.]

SEC. 1869. Writs of error, bills of exception, and appeals shall be allowed, in all cases, from the final decisions of the district courts to the supreme court of all the territories, respectively, under such regulations as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in that court. [Sept. 9, 1850; April 7, 1874.]

SEC. 1870. The supreme court of each territory shall appoint its own clerk, who shall hold his office at the pleasure of the court for which he is appointed. [Sept. 9, 1850.]

SEC. 1871. Each judge of the supreme court of the respective territories shall designate and appoint one person as clerk of the district over which he presides, where one is not already appointed, and shall designate and retain but one such clerk where more than one is already appointed, and only such district clerk shall be entitled to a compensation from the United States. [Sept. 9, 1850: Aug. 16, 1856.]

SEC. 1872. Every district clerk shall be also the register in chancery, and shall reside and keep his office at the place where the court is held. [Sept. 9, 1850.]

SEC. 1873. Temporarily, and until otherwise provided by law, the governor of every territory which may be hereafter established shall define, by proclamation, the judicial districts of such territory, and assign the judges appointed for such territory to the several districts and fix the times and places for holding courts in the rerespective counties or sub-divisions of each judicial district. [Sept. 9, 1850.]

SEC. 1874. The judges of the supreme court of each territory are authorized to hold court within their respective districts, in the counties wherein, by the laws of the

territory, courts have been or may be established, for the purpose of hearing and determining all matters and causes, except those in which the United States is a party: but the expense of holding such courts shall be paid by the territory, or by the counties in which the courts are held, and the United States shall in no case be chargeable therewith. [June 14, 1858.]

SEC. 1875. There shall be appointed in each territory a person learned in the law, to act as attorney for the United States. He shall continue in office for four years. and until his successor is appointed and qualified, unless sooner removed by the president. [Sept. 9, 1850.]

SEC. 1876. There shall be appointed a marshal for each territory. He shall execute all process issuing from the territorial courts when exercising their jurisdiction as circuit and district courts of the United States. He shall have the power and perform the duties, and be subject to the regulations and penalties imposed by law on the marshals for the several judicial districts of the United States. He shall hold his office for four years and until his successor is appointed and qualified, unless sooner removed by the president. [Sept. 9. 1850.]

SEC. 1877. The governor, secretary.chief justice. and associate justices, attorney, and marshal of every territory shall be nominated and, by and with the advice and consent of the senate, appointed by the president. [Sept. 9, 1850.]

SEC. 1878. The governor and secretary for each territory shall, before they act as such, respectively take an oath before the district judge, or some justice of the peace in the limits of the territory for which they are appointed, duly authorized to administer oaths by the laws 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; and such oaths shall be certified by the person before whom the same are taken: and such certificates shall be received and recorded by the secretary among the executive proceedings; and the chief justice and associate justices, and all other civil officers appointed for any territory, before they act as such, shall take a like oath before the governor or secretary, or some judge or justice of the peace of the territory who may be duly commissioned and qualified, and such oath shall be certified and transmitted by the person taking the same to the secretary to be by him recorded as above directed: but after the first qualification of the officers herein specified in the case of a new territory, as well as in all organized territories, the like oath shall be taken. certified, and recorded in such manner and form as may be prescribed by the law of

each territory. [ Sept. 9, 1850: May 1, 1876.]

SEC. 1879. The annual salary of the chief justice and associate justices of all the territories now organized shall be three thousand dollars each. [June 17, 1870.]

SEC. 1880. The salary of the attorney of the United States for each territory shall be at the rate of two hundred and fifty dollars annually. [Feb. 27, 1873.]

[Amended 1st session 55th congress 1897.]

SEC. 1881. The salary of the marshal of the United States for each territory shall be at the rate of two hundred dollars a year. [Sept. 9, 1850.]

Amended 1st session 55th congress 1897.]

SEC. 1882. The salaries provided for in this title, to be paid to the governor, secretary, chief justices and associate justices, district attorney, and marshal of the several territories, shall be paid quarter-yearly at the treasury of the United States. [Sept. 9, 1850.]

(Amended 1st session 55th congress 1897.]

SEC. 1883. The fees and costs to be allowed to the United States attorneys and marshals, to the clerks of the supreme and district courts, and to jurors, witnesses, commissioners, and printers, in the territories of the United States shall be the same for similar services by such persons as prescribed in chapter sixteen, title The Judiciary." and no other compensation shall be taxed or allowed. [June 23, 1874.] [ Amended 1st session 55th congress 1897.]

SEC. 1884. When any officer of a territory is absent therefrom, and from the duties of his office. no salary shall be paid him during the year in which such absence occurs, unless good cause therefor be shown to the president, who shall officially certify his opinion of such cause to the proper accounting officer of the treasury, to be filed in his office. [June 15, 1852.]

SEC. 1885. The legislative assembly of every territory hereafter organized shall hold its first session at such time and place in the territory as the governor thereof shall appoint and direct: and at the first session of the legislative assembly, or as soon thereafter as it may be deemed expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for the territory at such place as they may think proper; but such place shall thereafter be subject to be changed by the governor and legislative assembly. [Sept. 9, 1850.]

SEC. 1886. All accounts for disbursements, in the territories of the United States, of money appropriated by congress for the support of government therein, shall be settled and adjusted at the treasury department: and no act, resolution or order of the legislature of any territory, directing the expenditure of the sum, shall be deemed a sufficient authority for such disbursement, but sufficient vouchers and proof

for the same shall be required by the accounting officer of the treasury. No payment shall be made or allowed, unless the secretary of the treasury has estimated therefor and the object been approved by congress. No session of the legislature of a territory shall be held until the appropriation for its expenses has been made. [Aug. 29, 1842.]

SEC. 1887. Repealed, Sup. R. S., p. 201. SEC. 1888. No legislative assembly of a territory shall, in any instance or under any pretext, exceed the amount appropriated by congress for its annual expenses. [May 18, 1842.]

SEC. 1889. The legislative assemblies of the several territories shall not grant private charters or especial privileges, but they may, by general incorporation acts, permit persons to associate themselves together as bodies corporate for mining, manufacturing, and other industrial pursuits. or the construction or operation of railroads, wagon roads, irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, or any benevolent, charitable or scientific association. [March 2, 1867: June 10, 1872.]

SEC. 1890. No corporation or association for religious or charitable purposes shall acquire or hold real estate in any territory, during the existence of a territorial government, of a greater value than fifty thousand dollars: and all real estate acquired or held by such corporation or association contrary hereto shall be forfeited and escheat to the United States: but existing vested rights in real estate shall not be impaired by the provisions of this section. [July 1, 1862.]

SEC. 1891. The constitution and all the laws of the United States which are not locally inapplicable shall have the same force and effect within all the organized territories, and in every territory hereafter organized as elsewhere within the United States. [Sept. 9, 1850.]

SEC. 1892. Any penitentiary which has been, or may hereafter be, erected by the United States in an organized territory shall, when the same is ready for the reception of convicts. be placed under the care and control of the marshal of the United States for the territory or district in which such penitentiary is situated; except as otherwise provided in the case of the penitentiaries in Montana, Idaho, Wyoming and Colorado. [Jan. 10, 1871.]

SEC. 1893. The attorney general of the United States shall prescribe all needful rules and regulations for the government of such penitentiary, and the marshal having charge thereof shall cause them to be duly and faithfully executed and obeyed, and the reasonable compensation of the marshal and of his deputies for their services under