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1 the privilege of

lating notes, bills, &c., &c.

a bank or borrow name of the Territory, or to pledge the faith of the people of money or to grant the same for any loan whatever, either directly or indirectly. issuing and circu- No charter granting any privilege of making, issuing, or putting into circulation any notes or bills in the likeness of bank notes, or any bonds, scrip, drafts, bills of exchange or obligations, or granting any other banking powers or privileges, shall be passed by the legislative assembly; nor shall the establishment of any branch or agency of any such corpora tion, derived from other authority, be allowed in said Territory; nor shall said legislative assembly authorize the issue of any obligation, scrip, or evidence of debt by said Territory, in any mode or manner whatever, except certificates for services to said Territory; and all such laws, or any law or laws inconsistent with the provisions of this act, shall be utterly null and void; and all taxes shall be équal and uniform, and no distinction shall be made in the assessments between different kinds of property, but the assessments shall be according to the value thereof. To avoid improper influences which may result from intermixing in one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be exone object. pressed in the title.

All such laws

inconsistent with

this act to be null

and void.

All acts of leg.

islative assembly

shall embrace but

to be appointed

Certain officers SEC. 7. And be it further enacted, That all township, disin such manner as trict, and county officers, not herein otherwise provided for, Legislative assem: shall be appointed or elected in such manner as shall be provided by the legislative assembly of the Territory of Oregon.

scribe.

may pre

members of legis.

as

ments to office.

Restrictions on SEC. 8. And be it further enacted, That no member of the lative assembly legislative assembly shall hold, or be appointed to, any office to appoint which shall have been created, or the salary or emoluments of which shall 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 restriction shall not be applicable to members of the first legislative assembly; and no person holding a commission or appointment under the United States shall be a member of the legislative assembly, or shall hold any office under the government of said Territory.

Judicial power,

viz :

SEC. 9. And be it further enacted, That the judicial power of said Territory shall be vested in a supreme court, district Supreme court. 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, 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 District courts. into three judicial districts, and a district court shall be held in each of said districts by one of the justices 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

Each district

court to appoint its clerk.

Writs of error, &c., to be allowed

district courts to supreme court.

Supreme court to appoint its clerk.

jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of Justices of the justices of the peace, shall be as limited by law : Provided, Peace. That justices of the peace shall not have jurisdiction of any case in which the title to land shall in anywise come in question, or where the debt or damages claimed shall exceed one hundred dollars; and the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction. Each district court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals shall be allowed in all cases from the final decisions from decisions of of said district courts to the supreme court, 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 said court. The supreme court, or the justices thereof, shall 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 witness, shall exceed two thousand dollars, and in all cases where the constitution of the United States, or acts of Congress, or a treaty of the United States, is brought in question; and each of the said district courts shall have and exercise the same jurisdiction in all cases arising under the constitution. of the United States, and the laws of said Territory, as is courts. vested in the circuit and district courts of the United States; 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.

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 as from the circuit courts of the United States, where the value of the property, or the amount in controversy, shall exceed two thousand dollars; and each of said district courts shall have and 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 also of all cases arising under the laws of the said Territory, and otherwise. The said clerk shall receive, in all such cases, the same fees which the clerks of the district courts of the late Wisconsin Territory received for similar services.

SEC. 10. And be it further enacted, That there shall be appointed an attorney for said Territory, who shall continue in office for four years, and until his successor shall be appoint

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Writs of error,

&c., from deci

sions of supreme court to be allowCourt of the Uni

ed to Supreme

ted States.

Extent of jurisdiction of district

Fees of clerks.

Attorney?

ed and qualified, unless sooner removed by the President, His fees and sa and who shall receive the same fees and salary as were pro

lary.

Marshal.

vided by law for the attorney of the United States for the late Territory of Wisconsin. 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 qualiHis duties, &c. fied, unless sooner removed by the President, 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 regulation and penalties, and be entitled to the same fees, as were provided by law for the marshal of the district court of the United States for the present [late] Territory of Compensation. Wisconsin; and shall, in addition, be paid two hundred dol lars annually as a compensation for extra services.

retary, chief and

marshal to be ap

President, by and

Senate.

official oaths, &c.

Governor, sec- SEC. 11. And be it further enacted, That the governor, secassociate justices, retary, chief justice and associate justices, attorney, and marattorney, and shal, shall be nominated, and, by and with the advice and pointed by the consent of the Senate, appointed by the President of the with the advice United States. The governor and secretary to be appointed and consent of the as aforesaid shall, before they act as such, respectively Each to take take an oath or affirmation, before the district judge, or some justice of the peace in the limits of said Territory, duly au thorized to administer 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 other 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 preSalary of goy scribed by law. The governor shall receive an annual salary of fifteen hundred dollars as governor, and fifteen hundred dollars as superintendent of Indian affairs. The chief justice and associate justices shall each receive an annual Salary of secre salary of two thousand dollars. The secretary shall receive an annual salary of fifteen hundred 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 such payment shall be made until said officers shall have entered upon the duties of their respective appointments.

ernor.

tary.

1

.

of members

of

The members of the legislative assembly shall be entitled to Compensation receive three dollars each per day during their attendance at legislative assemthe session thereof, and, three dollars each for every twenty bly. miles travel in going to and returning from said sessions, estimated according to the nearest usually travelled route. And a chief clerk, one assistant clerk, a sergeant-at-arms, and doorkeeper, may be chosen for each house; and the chief islative assembly. clerk shall receive five dollars per day, and the said other of ficers three dollars per day, during the session of the legisla tive assembly; but no other officers shall be paid by the Uni

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Officers of leg

Provision contingent

ted States: Provided, That there shall be but one session of Proviso.
the legislature annually, unless, on an extraordinary occasion,
the governor shall think proper to call the legislature together.
There shall be appropriated, annually, the sum of fifteen hun-
dred dollars, to be expended by the governor to defray the penses.
contingent expenses of the Territory, including the salary of
a 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 print-
ing of the laws, and other incidental expenses; and the gov-
ernor and secretary of the Territory shall, in the disburse-
ment of all moneys intrusted to them, be governed solely by
the instructions of the Secretary of the Treasury of the Uni-
ted States, and shall semi-annually account to the said Secre.
tary for the manner in which the aforesaid [sum] moneys
shall have been expended; and no expenditure, to be paid out
of money appropriated by Congress, 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.

Salmon

for

ex

leaps

not to be ob

SEC. 12. And be it further enacted, That the rivers and streams of water in said Territory of Oregon in which salm. structed on are found, or to which they resort, shall not be obstructed by dams or otherwise, unless such dams or obstructions are so constructed as to allow salmon to pass freely up and down such rivers and streams.

Appropriations for services and

expenses of ex-
presses,
And for pre-
sents to Indians.

SEC. 13. And be it further enacted, That the sum of ten thousand dollars be, and is hereby appropriated, to be expended under the direction of the President of the United States, in payment for the services and expenses of such persons as have been engaged by the provisional government of Oregon in conveying communications to and from the United States, and the purchase of presents for such of the Indian tribes as the peace and quietude of the country requires. SEC. 14. And be it further enacted, That the inhabitants of said Territory shall be entitled to enjoy all and singular ment of norththe rights, privileges, and advantages granted and secured to extended the people of the territory of the United States north-aid Territory of west of the river Ohio, by the articles of compact contained in the ordinance for the government of said territory, on the

Ordnance of 1787 for govern

west territory

Oregon.

over

thirteenth day of July, seventeen hundred and eighty-seven; and shall be subject to all the conditions, and restrictions,. and prohibitions in said articles of compact imposed upon the people of said territory; and the existing laws now in force in the Territory of Oregon, under the authority of the provisional government established by the people thereof, shall continue to be valid and operative therein, so far as the same be not incompatible with the constitution of the United States, and the principles and provisions of this act; subject, nevertheless, to be altered, modified, or repealed, by the le All grants of gislative assembly of the said Territory of Oregon; but all made in said Ter laws heretofore passed in said Territory making grants of ritory to be null land, or otherwise affecting or incumbering the title to lands,

lands heretofore

and void.

sessions of legis

seat of govern ment.

$5,000 appro

ings, &c.

shall be, and are hereby declared to be, null and void; and the laws of the United States are hereby extended over, and declared to be in force in, said Territory, so far as the same, or any provision thereof, may be applicable.

Time of holding SEC. 15. And be it further enacted, That the legislative lative assembly assembly of the Territory of Oregon shall hold its first sesand location of sion at such time and place in said Territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the legisla-. tive assembly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by said legislative assembly. And the sum of five thousand dollars, out of any money in the treasury not priated for build otherwise appropriated, is hereby appropriated and granted to said Territory of Oregon, to be there applied, by the governor, to the erection of suitable buildings at the seat of government. SEC. 16. And be it further enacted, That a delegate to the House of Repre House of Representatives of the United States, to serve for United States to 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 have been heretofore exercised and enjoyed by the delegates from the several other Territories of the United States to the said House of Representa. tives; but the delegate first elected shall hold his seat only during the term of the Congress to which he shall be electTime of elect. ed. The first election shall be held at such time and places, ing said delegate, and be conducted in such manner, as the governor shall ap

Delegate

to

sentatives of the

be elected.

&c.

His mileage.

point and direct; of which, and the time, place, and manner of holding such elections, he shall give at least sixty days' notice by proclamation; 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 votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly. The delegate from said Territory shall not be entitled to receive more than twenty-five hundred dollars at any one session of Congress, as a compensation for his mileage, in going to

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