the manner in which the aforesaid sum shall have been expended.

of first session of

SEC. 12. And be it further enacted, That the legislative Time and place assembly of the Territory of Dakota shall hold its first legislature. session 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 governor and legislative assembly shall proceed to locate and establish the seat of government for said Ter- Seat of governritory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly.

ment.

Congress.

SEC. 13. And be it further enacted, That a delegate to Delegate to the House of Representatives of the United States, to serve during each Congress 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. The first election shall Election of, &c. 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 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.

of land.

SEC. 14. And be it further enacted, That when the land School sections in 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 the States hereafter to be erected out of the same.

2tricts.

SEC. 15. And be it further enacted, That temporarily, Judicial disand until otherwise provided by law, the governor of said Territory may define the judicial districts of said Territory and assign the judges who may be appointed for said 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.

and laws of

SEC. 16. And be it further enacted, That the Constitu- Constitution tion and all laws of the United States which are not locally United States inapplicable shall have the same force and effect within made applicathe said Territory of Dakota as elsewhere within the United States.

SEC. 17. And be it further enacted, That the President of the United States, by and with the advice and consent of

ble.

the Senate, shall be, and he is hereby, authorized to appoint Surveyor-gen- a surveyor-general for Dakota, who shall locate his office

eral.

Land district.

at such place as the Secretary of the Interior shall from time to time direct, and whose duties, powers, obligations, responsibilities, compensation, and allowances for clerk hire, office rent, fuel, and incidental expenses, shall be the same as those of the surveyor-general of Nebraska and Kansas, under the direction of the Secretary of the Interior, and such instructions as he may from time to time deem it advisable to give him.

SEC. 18. And be it further enacted, That so much of the public lands of the United States in the Territory of Dakota, west of its eastern boundary and east and north of the Niobrara, or Running Water river, be formed into Name and lo- a land district, to be called the Yancton district, at such time as the President may direct, the land office for which shall be located at such point as the President may direct,. and shall be removed from time to time to other points within said district whenever, in his opinion, it may be expedient.

cation.

Register and receiver.

Dakota River.

Portions of

Utah and Wash

Nebraska.

SEC. 19. And be it further enacted, That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, a register and receiver for said district, who shall respectively be required to reside at the site of said office, and who 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 other land-offices of the United States.

SEC. 20. And be it further enacted, That the river in said Territory heretofore known as the "River aux Jacques," or "James river," shall hereafter be called the Dakota river.

SEC. 21. And be it further enacted, That, until Congress ington added to shall otherwise direct, that portion of the Territories of Utah and Washington between the forty-first and fortythird degrees of north latitude, and east of the thirty-third meridian of longitude west from Washington, shall be, and is hereby, incorporated into and made a part of the Territory of Nebraska.

APPROVED, March 2, 1861.

TERRITORY OF ARIZONA.

Act of February 24, 1863; 12 Stats., 664.

CHAP. LVI.-An Act to provide a temporary Government for the Terri- Feb. 24, 1863. tory of Arizona, and for other Purposes.

Arizona.

hereafter.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Territory of all that part of the present Territory of New Mexico situate west of a line running due south from the point where the southwest corner of the Territory of Colorado joins the northern boundary of the Territory of New Mexico to Boundaries. the southern boundary line of said Territory of New Mexico be, and the same is hereby, erected into a temporary government by the name of the Territory of Arizona: Pro- May be divided vided, That nothing contained in the provisions of this act shall be construed to prohibit the Congress of the United States from dividing said Territory or changing its boundaries in such manner and at such time as it may deem proper: Provided, further, That said government shall be Territorial govmaintained and continued until such time as the people residing in said Territory shall, with the consent of Congress, form a State government, republican in form, as prescribed in the Constitution of the United States, and apply for and obtain admission into the Union as a State, on an equal footing with the original States.

ernment to main until, &c.

re

executive, legis

SEC. 2. And be it further enacted, That the government Government, hereby authorized shall consist of an executive, legislative, lative, judicial. and judicial power. The executive power shall be vested in a governor. The legislative power shall consist of a council of nine members, and a house of representatives of eighteen. The judicial power shall be vested in a supreme court, to consist of three judges, and such inferior courts as the legislative council may by law prescribe; there shall also be officers, how a secretary, a marshal, a district attorney, and a surveyor-appointed, &c. general for said Territory, who, together with the governor and judges of the supreme court, shall be appointed by the President, by and with the advice and consent of the Senate, and the term of office for each, the manner of their appointment, and the powers, duties, and the compensation of the governor, legislative assembly, judges of the supreme court, secretary, marshal, district attorney, and surveyor-general aforesaid, with their clerks, draughtsman, deputies, and sergeant-at-arms, shall be such as are conferred upon the same officers by the act organizing the

Acts governing

tended to this

territory.

Territorial government of New Mexico, which subordinate officers shall be appointed in the same manner, and not exceed in number those created by said act; and acts amendNew Mexico ex- tory thereto, together with all legislative enactments of the Territory of New Mexico not inconsistent with the provisions of this act, are hereby extended to and continued in force in the said Territory of Arizona, until repealed or amended by future legislation: Provided, That no salary shall be due or paid the officers created by this act until they have entered upon the duties of their respective offices within the said Territory.

Proviso.

Slavery not to

exist therein.

SEC. 3. And be it further enacted, That there shall neither be slavery nor involuntary servitude in the said Territory. otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted; and all acts and parts of acts, either of Congress or of the Territory of New Mexico, establishing, regulating, or in any way recognizing the relation of master and slave in said Territory, are hereby repealed.

APPROVED, February 24, 1863.

TERRITORY OF IDAHO.

Act of March 3, 1863; 12 Stats., 808.

CHAP. CXVII.-An Act to provide a temporary Government for the Terri

tory of Idaho.

March 3, 1863.

of Idaho establish

Boundaries.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Territory all that part of the territory of the United States in- ed. cluded within the following limits, to wit: Beginning at a point in the middle channel of the Snake River where the northern boundary of Oregon intersects the same; then follow down said channel of Snake River to a point opposite the mouth of the Kooskooskia, or Clear Water River; thence due north to the forty-ninth parallel of latitude; thence east along said parallel to the twenty-seventh degree of longitude west of Washington; thence south along said degree of longitude to the northern boundary of Colorado Territory; thence west along said boundary to the thirtythird degree of longitude west of Washington; thence north along said degree to the forty-second parallel of latitude; thence west along said parallel to the eastern boundary of the State of Oregon; thence north along said boundary to place of beginning. And the same is hereby created into a temporary government, by the name of the Territory of Idaho: Provided, That nothing in this act Boundaries contained shall be construed to inhibit the Government of may be changed. the United States from dividing said Territory or changing its boundaries in such manner and at such time 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: Provided, further, That Indian rights nothing in this act contained shall be construed to impair the rights 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 include any territory which, by treaty with any Indian tribes, is not, without the consent of said tribe, to be included 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 the Territory of Idaho, until said tribe shall signify their assent to the President of the United States to be included within said Territory, or to affect the authority of the Government of the United S. Doc. 148- -11*

not impaired.

161