superintenden

agencies and superintendencies of said Indians be continued Agencies and with the same powers and duties which are now prescribed cies continued. by law, except that the President of the United States may, at his discretion, change the location of the office of said, Location may agencies or superintendents.

APPROVED, March 3, 1863.

be changed.

TERRITORY OF MONTANA.

Act of May 26, 1864; 13 Stats., 85-92.

May 26, 1864.

Territory

lished.

Boundaries.

of

CHAP. XCV.—An Act to provide a temporary Government for the Territory of Montana.

Be it enacted by the Senate and House of Representatives Montana estab of the United States of America in Congress assembled, That all that part of the territory of the United States included within the limits, to wit: Commencing at a point formed by the intersection of the twenty-seventh degree of longitude west from Washington with the forty-fifth degree of north latitude; thence due west on said forty-fifth degree of latitude to a point formed by its intersection with the thirty-fourth degree of longitude west from Washington; thence due south along said thirty-fourth degree of longitude to its intersection with the forty-fourth degree and thirty minutes of north latitude; thence due west along said forty-fourth degree and thirty minutes of north latitude to a point formed by its intersection with the crest of the Rocky Mountains; thence following the crest of the Rocky Mountains northward till its intersection with the Bitter Root Mountains; thence northward along the crest of said Bitter Root Mountains to its intersection with the thirty-ninth degree of longitude west from Washington; thence along said thirty-ninth degree of longitude northward to the boundary line of the British possessions; thence eastward along said boundary line to the twentyseventh degree of longitude west from Washington; thence southward along said twenty-seventh degree of longitude to the place of beginning, be, and the same is hereby, created into a temporary government by the name of the TerTerritory may ritory of Montana: Provided, That nothing in this act conbe divided, boun-tained shall be construed to inhibit the government of the daries changed, United States from dividing said territory or changing its

&c.

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 Rights of In- the United States: Provided, further, That nothing in this dians preserved. 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 in

cluded 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 Montana, 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 States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent for the government to make if this act had never passed.

of office, power,

SEC. 2. And be it further enacted, That the executive Executive. power and authority in and over said Territory of Montana shall be vested in a governor, who shall hold his office Governor, term for four years, and until his successor shall be appointed &c.; and qualified, unless sooner removed by the President of the United States. The governor shall reside within said territory, and shall be commander-in-chief of the militia and superintendent of Indian affairs thereof. He may to be superingrant pardons and respites for offences against the laws of dian affairs. said territory, and reprieve for offences against the laws of the United States until the decision of the President of the 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.

tendent of In

Secretary, residence, powers,

SEC. 3. And be it further enacted, That there shall be a secretary of said territory, who shall reside therein and and duties. 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 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, Secretary, resignation, or absence of the governor from the territory, when to act as 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.

governor.

power.

Assembly.

SEC. 4. And be it further enacted, That the legislative Legislative power and authority of said territory shall be vested in a governor and a legislative assembly. The legislative as sembly shall consist of a council and house of representatives. The council shall consist of seven members, having, Council, numthe qualifications of voters, as hereinafter prescribed, cation of memwhose term of service shall continue two years. The bers, and term,

ber and qualifi

resentatives,

&c.

ment.

Residence members.

First census.

House of rep-house of representatives shall, at its first session, consist number, tem, of thirteen members, possessing the same qualifications as prescribed for the 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, to twenty-six, in proportion to the increase of qualified voters; and the council, in like manApportion-ner, to thirteen. 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. And the members of the council and of the house of repof resentatives 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 First election. the governor shall designate and appoint, and the person 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 Plurality of this act. The persons having the highest number of legal votes in each of said council districts, respectively, 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 in each of said representative districts, respectively, 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 an equal number of votes, and in case a vacancy shall otherwise occur in either New election, branch of the legislative assembly, the governor shall when ordered. order a new election. And the persons thus elected to the First meeting legislative assembly shall meet at such place and on such of legislative as day as the governor shall appoint; but thereafter the time, place, and manner of holding 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, according to the number of qualified Subsequent voters, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative Length of ses- 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.

votes to elect.

sembly.

meetings.

sions.

Voters at first election.

SEC. 5. And be it further enacted, That all citizens of the United States, and those who have declared their inten

Vol. xii, p. 810.

tions to become such, and who are otherwise described and qualified under the fifth section of the act of Congress providing for a temporary government for the territory of Idaho, approved March third, eighteen hundred and 1863, ch. 117, § 5. sixty-three, shall be entitled to vote at said first election, and shall be eligible to any office within the said territory; but the qualifications of voters, and of holding office, at Voters at suball subsequent elections, shall be such as shall be prescribed by the legislative assembly.

sequent election.

limits of legisla

SEC. 6. And be it further enacted, That the legislative Extent and power of the territory shall extend to all rightful subjects tive power. of legislation 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 tax shall be imposed upon the property of the United States, nor shall the lands or other property of nonresidents 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 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 Veto power. 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: Provided, That whereas slavery is prohibited in said terri-Slavery tory by act of congress of June nineteenth, eighteen hundred and sixty-two, nothing herein contained shall be construed to authorize or permit its existence therein. SEC. 7. And be it further enacted, That all township, Township, disdistrict, and county officers, not herein otherwise provided officers. for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and leg islative assembly of the Territory of Montana. The gov ernor shall nominate, and, by and with the advice and con sent of the legislative council, appoint 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.

permitted.

not

1862, ch. 111. Vol. xii, p. 432.

trict, and county