Page:United States Statutes at Large Volume 12.djvu/839

THlRTY—SEVENTH CONGRESS. Sess. III. Ch. 117. 1863. 809 boundary to the thirty-third 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 contained shall Boundaries bc construed to inhibit the Government of the United States from dividing may be ¤b=>·¤g¢d- 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 nothing in this act contained shall be Indian rights construed to impair the rights of person or property now pertaining to the ¤°'>i¤¤P¤i*°d· 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 'l`erritory 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 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. SEO. 2. And be it further enacted, That the executive power and au- Executive thority in and over said Territory of Idaho shall be vested in a governor, {’°W°’ °*° *°”'l‘ who shall hold his office for four years, and until his successor shall be og;) appointed and qualified, unless sooner removed by the President of the mmm" United States. The governor shall reside within said Territory, and shall be commander-in-chief of the militia, and superintendent of Indian aliairs thereof He may grant pardons and respites for offences against the laws of 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 faithtiilly executed. Sec. 3. And be it further enacted, That there shall be a secretary of Sccrctary. said Territory, who shall reside therein, and shall 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 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 semiannually, 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, re- Wlientoactas moval, resignation, or absence of the governor from the Territory, the g°v°m°"‘ 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. Seo. 4. And be it further enacted, That the legislative power and Legislative Buthority of said Territory shall be vested in the governor and a legisla- P°W°’· tivo assembly. The legislative assembly shall consist of a council and Assembly. house of representatives. The council shall consist of seven members Council. having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall, vox,. xix. Pun. - 102