and military, and be eligible to any office in the territory: Provided, That all persons of the description entitled to vote by the provisions of this section, who shall emigrate to this territory after organization, shall be entitled to the rights of citizens after having resided six months in the territory.

SEC. 11. The election for all civil officers, provided for by this Election compact, shall be held the first Monday in June annually.

ARTICLE III.

LAND LAW.

when had.

SECTION 1. Any person now holding, or hereafter wishing to claims how establish a claim to land in this territory, shall designate the extent designated. of his claim by natural boundaries, or by marks at the corners and upon the lines of such claim, and have the extent and boundaries of said claim recorded in the office of the territorial recorder, in a book to be kept by him for that purpose, within twenty days from the time of making said claim: Provided, That those who shall be already in possession of land, shall be allowed twelve months from the passage of this act, to file a description of his claim in the recorder's office: And provided further, That the said claimant shall Statement of state in his record, the size, shape and locality of such claim, and give the names of the adjoining claimants, and the recorder may require the applicant for such record to be made to answer, on his oath, touching the facts.

claimant.

make im

or pay $5.

SEC. 2. All claimants shall, within six months from the time of Claimant to recording their claims, make permanent improvements upon the provements same by building or enclosing, and also become an occupant upon said claim within one year from the date of such record, or in case not occupied, the person holding said claim shall pay into the treasury the sum of five dollars annually, and in case of failure to occupy, or on failure of payment of the sum above stated, the claim shall be considered as abandoned: Provided, That, no non-resident of this territory shall have the benefit of this law: And provided further, That any resident of this territory, absent on his private Non-restbusiness for two years, may hold his claim by paying five dollars ants. annually to the treasury.

dent claim

claimant

much

SEC. 3. No individual shall be allowed to hold a claim of more How than one square mile, or six hundred and forty acres, in a square may claim. or oblong form, according to the natural situation of the premises. Nor shall any individual be allowed to hold more than one claim at the same time. Any person complying with the provisions of these ordinances, shall be entitled to the same recourse against trespass as in other cases by law provided.

SEC. 4. Partnerships of two or more persons shall be allowed to Partners. take up a tract of land, not exceeding six hundred and forty acres to each person in said partnership, subject to all the provisions of the law; and whenever such partnership is dissolved, the members shall each record the particular parts of said tract as may be allotted to him, provided that no member of said partnership shall hold a separate claim at the time of the existence of said partnerhip.

Boundary lines.

Officers.

Amendments

this

to

act

SEC. 5. The boundary lines of all claims shall hereafter conform, as near as may be, to the cardinal points.

SEC. 6. The officers elected at the general election, held on the first Tuesday in June, 1845, shall be the officers to act under this organic law, and their official acts, so far as they are in accordance with this compact, are hereby declared valid and legal.

SEC. 7. Amendments to this instrument may be proposed by the House of Representatives, two-thirds of the members concurring how made. therein, which amendments shall be made public in all parts of Oregon, and be read at the polls at the next succeeding general election, and a concurrence of two-thirds of all the members elected at said election, may pass said amendments, and they shall become a part of this compact.

Certificate.

CERTIFICATE.

I, John E. Long, secretary of Oregon territory, do hereby certify, that the foregoing is a true and correct copy of the original law as passed by the representatives of the people of Oregon, on the fifth day of July, A. D. 1845, and submitted to the people on the twenty-sixth day of the same month, and by them adopted, and now on file in my office.

J. E. LONG, Secretary.

AN ACT

TO ESTABLISH THE TERRITORIAL GOVERNMENT OF OREGON.

August 14th, 1848.

established.

Be it enacted by the Senate and House of Representatives of the Temporary United States of America in Congress assembled, That from and after government the passage of this act, all that part of the territory of the United States which lies west of the summit of the Rocky mountains, north of the forty-second degree of north latitude, known as the territory of Oregon, shall be organized into, and constitute a temporary government, by the name of the territory of Oregon: Provided, That Proviso as to nothing in this act contained shall be construed to impair the rights Indians. of person or property now pertaining to the Indians in said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to affect the authority of the government of the United States, to make any regulation respecting such Indians, their lands, property or other rights, by treaty, law or otherwise, which it would have been competent to the government to make if this act had never passed: And pro- Title to misvided also, That the title to the land, not exceeding six hundred and sionary staforty acres, now occupied as missionary stations among the Indian firmed. tribes in said territory, together with the improvements thereon, be confirmed and established in the several religious societies to which said missionary stations respectively belong: And provided rower to difurther, That nothing in this act contained shall be construed to in- territory rehibit the government of the United States from dividing said territory served into two or more territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said territory to any other state or territory of the United States.

tions con

vide said

Congress.

by

in a gover

nure of office powers, du

and

emoluments.

SECTION 2. And be it further enacted, That the executive power The execu and authority, in and over said territory of Oregon, shall be vested tive to vest in a governor, who shall hold his office for four years, and until nor; his tehis successor shall be appointed and qualified, unless sooner removed by the president of the United States. The governor shall tes reside within said territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs; he may grant pardons and respites for offences against the laws of said territory, and reprieves for offences against the laws of the United States, until the decision

Secretary;

his duties

of the president can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said territory, where, by law, such commissions shall be required, and shall take care that the laws be faithfully executed.

SEC. 3. And be it further enacted, That there shall be a secretary and powers. of said territory, who shall reside therein, and hold his office for five years, unless sooner removed by the president of the United States; he shall record and preserve all the laws and proceedings of the Legislative Assembly liereinafter 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 ReSecretary, presentatives, for the use of Congress. And, in case of the death, as governor, removal, resignation, or absence of the governor of 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.

when to act

Assembly of

sist. 1

Legislative SEC. 4. And be it further enacted, That the legislative power and what to con- authority of said territory shall be vested in a Legislative Assembly. The Legislative Assembly shall consist of a Council and a House of Representatives. The Council shall consist of nine members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue three years. Immediately after they shall be assembled, in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the members of Council of the first class, shall be vacated at the expiration of the first year; of the second class, at the expiration of the second year; and of the third class, at the expiration of the third year so that one-third may be chosen every year; and if vacancies happen by resignation or otherwise, the same shall be filled at the next ensuing election. The House of Representatives shall, at its first session, consist of eighteen members, possessing the same qualifications as prescribed for members of the Council, and whose term of service shall continue one year. The number of representatives may be increased, by the Legislative Assembly, from time to time, in proportion to the increase of qualified voters: Provided, That the whole number shall never exceed thirty. An apportionment shall be made, as nearly equal as practicable, among Election of the several counties or districts, for the election of the Council and Legislative representatives, giving to each section of the territory representa Council. tion in the ratio of its qualified voters, as nearly as may be.

Proviso.

members of

first election,

And

the members of the Council and of the House of Representatives, shall reside in and be inhabitants of the district, or county, or counPrevious to ties, for which they may be elected respectively. Previous to the governor first election, the governor shall cause a census, or an enumeration census to be of the inhabitants and qualified voters of the several counties and taken. districts of the territory to be taken, by such persons and in such

shall cause a

ner,

and

mode as the governor shall designate and appoint; and the persons Time, manso appointed, shall receive a reasonable compensation therefor; and place of holdthe first election shall be held at such time and places, and be con- ing elections. ducted 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; and the governor shall, by his proclamation, give at least sixty days' previous notice of such apportionment, and of the time, places and manner of holding such election. 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 said house: Provided, That, in case two or more persons voted for shall have Proviso for an equal number of votes, and in case a vacancy shall otherwise tions. 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 day, within ninety days after such elections, as the governor shall appoint; but, thereafter, the time, place and manner of holding and con- Time, &c., of ducting all elections by the people, and the apportioning the representation in the several counties or districts to the Council and House of Representatives, according 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 Term of sessixty days, except the first session, which shall not be prolonged beyond one hundred days.

new elec

elections.

sions limited.

of voters.

SEC. 5. And be it further enacted, That every white male inhabi- Qualification tant, above the age of twenty-one years, who shall have been a resident of said territory at the time of the passage of this act, and

right of suf

holding of

shall possess the qualifications hereinafter prescribed, 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 subsequent elections, shall be such as shall be prescribed by the Legislative Assembly: Provided, That the right Proviso: of suffrage and of holding office, shall be exercised only by citizens frage and of of the United States above the age of twenty-one years, and those fice, to whom above that age who shall have declared, on oath, their intention to limited. become such, and shall have taken an oath to support the constitution of the United States, and the provisions of this act: And pro- No person in vided further, That no officer, soldier, seaman, or marine, or other navy to vote, person in the army or navy of the United States, or attached to unless, &c. troops in the service of the United States, shall be allowed to vote in said territory, by reason of being on service therein, unless said territory is, and has been for the period of six months, his permanent domicil: Provided further, That no person belonging to the army or navy of the United States, shall ever be elected to, or hold navy eligible any civil office or appointment in said territory.

the army or

No person in

the army or

to any civil

office.