LAWS OF THE UNITED STATES
PUBLISHED BY AUTHORITY.
PUBLIC ACTS,
PASSED DURING THE FIRST SESSION OP THE THIRTY-FIRST CONGRESS.
[PUBLIC—No. 24.]
AN ACT for the admission of the State of Cal-ifornia into the Union.
Whereas the people of California have present-ed a constitution and asked admission into the Union, which constitution was submitted to Congress, by the President of the United States, by message dated February thirteenth, eighteen hundred and fifty, and which, on due examination, is found to be republican in its form of government:
Be it enacted by the Senate and House of Rep-resentatives of the United States of America in Congress assembled, That the State of Califor-nia shall be one, and is hereby declared to be one, of the United Spates of America, and ad-mitted into the Union on an equal footing with the original States in all respects whatever.
SECTION 2. And be it further enacted, That until the representatives in Congress shrill be ap-portioned according to an actual enumeration of the inhabitants of the United States, the State of California shall he entitled to two represena-tives in Congress.
SECTION 3. And be it further enacted, That the said State of California is admitted into the Union upon the express condition that the peo-ple of said State, through their legislature or otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the ti-tle of the United States to and right to dispose of the same shall be impaired or questioned, and that they shall never lay any tax or assessment of any description whatsoever upon the public domain of the United States, and in no case shall non-resident proprietors, who are citizens of the United States, be taxed higher than resi-dents and that all the navigable waters within the said State shall be common highways, and forever free, as well to the inhabitants of said State as to the citizens of the United States, without any tax, impost, or duty therefor: Pro-vided, That nothing herein contained shall be construed as recognising or rejecting the propo-sitions tendered by the people of California as articles of compact in the ordinance adopted by the convention which formed the constitution of that State.
Approved, Sept. 9, 1850.
[PUBLIC—No, 25.]
AN ACT to establish a Territorial Government for Utah.
Be it enacted by the Senate and House of Rep-oesentatives of the United States of America in Congress Assembled, That all that part of the ter-ritory of the United States included within the following limbs, to wit: bounded on the west by the Stale of California, on the north by the ter-ritory of Oregon, and on the east, by the summit of the Rocky Mountains, and on the south by the thirty-seventh parallel of north latitude, be, and the same is hereby, created into a tempora-ry government by the name of the Territory of Utah ; and when admitted as a state, the said Territory, or any portion of the same, shall be received into the Union, with or without slavery, us their constitution may prescribe at the time of her admission : Provided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two or more Territories, 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.
SEC. 2. And be it further enacted, That the executive power and authority in and over said Territory of Utah shall be vested in a Gov-ernor, who shall hold his office tor tour ears, and until his successor shall be appointed and qualified, unless sooner removed by the Pre-sident of the United States. The Governor shall reside within said Territory, shall be com-mander-in-chief of the militia thereof, shall per-form the duties and receive the emoluments or superintendent of Indian affairs, and shall ap-prove all laws passed by the Legislative Assem-bly before they shall take effect; he may grant pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon ; he shall commission all officers who shall be ap-pointed to office under the laws of the said Ter-ritory, and shall take care that the laws be faith-fully executed.
SEC. 3. And be it further enacted, That there shall be a Secretary of said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the Legislative As-sembly hereinafter constituted, and all the acts and proceedings of the Governor in his execu-tive department; he shall transmit one copy of the laws & one copy of the executive proceedings, on or before the first day of December in each year, to the President of the United States, and, at the same time, two copies of the laws to the Speaker of the House of Representatives, and the President of the Senate, for the use of Con-gress. And, in case of the death, removal re-signation, or other nece-sary absence of the Gov-ernor from the Territory, the secretary shall have, and he is hereby authorized and required to execute and perform, all the powers and du-ties of the Governor during such vacancy or ne-cessary absence, or until another Governor shall be duly appointed to fill such vacancy.
SEC. 4. And be it further enacted, That the legislative power and authority of said Territo-ry shall be vested in the Governor and a Legis-lative Assembly. The Legislative Assembly shall consist of a Council and House of Repre-sentatives. The Council shall consist of thir-teen members, having the qualifications of vo-ters as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall consist of twenty six mem-bers, possessing the same qualifications as pre-scribed for members of the council, and whose term of service shall continue one year. An apportionment shall be made, as nearly equal as practicable, among the several counties, or districts, for the election of the Council and House of Representatives, giving to each section of the Territory representation in the ratio of its population, Indians excepted, as nearly as may be. And the members of the Council and of the house of Representatives had reside in, and be inhabitants of, the district for which they may be elected respectively. Previous to the first election, the Governor shall cause a cen-sus or enumeration of the inhabitants of the several counties and districts of the Territory to be taken, and the first election shall be held at such time and places, and be conducted in such manner 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 coun-ties or districts shall be entitled under this act. The number of persons authorized to be elected having the highest number of votes in each of said council districts for members of the Coun-cil shall be declared by the Governor to be duly elected so the Council; and the person or persons authorized to be elected having the high-est number of votes for the House of Represen-tatives, equal to the number to which each coun-ty or district shall be entitled, shall be declared by the Governor to be duly elected members of the House of Representatives; Provided, That in case of a the between two or more persons voted for, the Governor shall order a new elec-tion to supply the vacancy made by such tie.—And the persons thus elected to the Legislative Assembly shall meet at such place and on such day as the Governor shall appoint; but thereaf-ter the time, place and manner of holding and conducting all elec ions by the people, and the apportioning the representation in the several counties or districts to the Council and House of Representatives, according to population, shall I be prescribed by law, as well as the day of the commencement, of the regular sessions of the Legislative Assembly; Provided, That no one session shall exceed the term of forty days.
SEC. 5. And be it further enacted That every free white male inhabitant, above the age of twenty-one years, who shall have been a resid-ent of said Territory at the time of the passage of this act, shall be entitled to vote at the first election, and shall be eligible to any office with-in 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 of suffrage and of holding office shall be exercised only by citizens of the United States, including those recognised as citizens by the treaty with the republic of Mexico, conclud-ed February second, eighteen hundred and forty eight.
SEC. 6. And be it further enacted, That the legislative power of said Territory shall extend to all rightful subjects of legislation, consist-ent 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 non-residents be tax-ed higher than the lands or other properly of re-sidents. All the laws passed by the Legislative Assembly and Governor shall he submitted to the Congress of the United States, and if dis-approved shall be null and of no effect.
SEC. 7. And be it further enacted, That all township, district, and county officers, not here-in otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the Governor and Legisla-tive Assembly of the Territory of Utah.—The Governor shall nominate, and, by and with the advice and consent of the Legislative Coun-cil, appoint all officers not herein otherwise prov-ided 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 ses-sion of the Legislative Assembly, and shall lay off the necessary districts for members of the; Council and House of Representative, and all other officers.
SEC. 8. And be it further enacted, That no member of the Legislative Assembly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while be was a member, during the term of which he was elect-ed, and for one year after the expiration of such term; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the Legisla-tive Assembly, or shall hold any office under the government of said Territory.
SEC. 9. And be it further enacted, That the judicial power of said Territory shall be vested in a Supreme Court, District Courts, Probate Courts, and in Justices of the Peace. The Su-preme 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 Territo-ry annually, and they shall hold their offices dur-ing the period of four years. The said Territo-ry shall be divided 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 time and place as may be prescrib-ed by law ; and the said judges shall, after their appointments respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both . appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars ; and said supreme and district courts, respective-ly, 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 in his office at the place where the court may be held. Writs of error, bills of exception, and ap peals, shall be allowed in all CJSCS from the final decisions of said district courts to the supreme cout, under such regulations as may be prescrib-ed by law, but in no case removed to the supre-me court shall trial by jury be allowed in said court. The supreme court, or the justices there-of, 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 pro-perty or the amount in controversy, to be ascer-tained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars; except only that in all cases involving title to slaves, the said writs of error or appeals shad be allowed and decided by the said supreme court without regard to the value of the matter, property, or title in controversy; and except, also, that a writ of error or appeal shall also be allowed to the Supreme Court of the United States from the decision of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus involving the question of personal freedom: and each of the said district courts shall have and exercise the same jurisdiction in ail cases aris-ing under the Constitution and laws of the Uni-ted States as is vested in the circuit and district courts of the United States; and the sod su-preme and district courts of said Territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes aris-ing under the said constitution and laws; and writs of error and appeals in all such cases shall be made to the supreme court of said Territory, the same as in other cases. The said clerk shall receive in all such cases the same fees which the clerks of the district courts of Oregon Ter-ritory now receive for similar services.
SEC. 10. And be it further enacted, That there shall be appointed an Attorney for said Territo-ry, who shall continue in office tor four years, unless sooner removed by the President, and who shall receive the same tees and salary as the attorney of the United States for the present Territory of Oregon. There shall also be a Marshal for the Territory appointed, who shall hold his office for four years, unless sooner re-moved by the President, and who shall execute all processes issuing trout the said courts when exercising their jurisdiction as circuit and dis-trict courts of the United States; he shall per-form the duties, be subject to the same regula-tion and penalties, and he entitled to the same fees as the marshal of the district court of the United States for the present Territory of Ore-gon, and shall, in addition, be paid two hundred annually as a compensation tor extra services.
SEC. 11. And be it further enacted, That the governor, secretary, chief justice, and associate justices, attorney and marshal, shall be nomina-ted, and, by and with the advice and consent of the Senate, appointed by the President of the United States. The governor and secretary to be appointed as aforesaid shall, before they act as such, respectively, take an oath or affirmation before the district judge, or some justice of the peace in the limits of said Territory, duly autho-rized 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 Con-stitution of the United States, and faithfully to discharge the duties of their respective offices ; which said oaths, when so taken, shall be cer-tified by the person by whom the same shall have been taken, and such certificates shall be received and recorded by the said secretary a-mong 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 I 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 trans-mitted, 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 man-ner and form as may be prescribed by law. The governor shall receive an annual salary of fifteen hundred dollars as governor, and one thousand dollars as superintendent of Indian affairs. The chief justice and associate justices shall each ; receive an annual salary of eighteen hundred I dollars. The secretary shall receive an annual salary of eighteen hundred dollars. The said salaries shall be paid quarter-yearly, at the trea-sury of the United States. The members of the I legislative assembly shall be entitled to receive three dollars each per day during their attend-ance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually traveled route. There shall be appropriated annually the sum of one thousand dollars to be expended by the gov-ernor, to defray the contingent expenses of the Territory ; there shall also be appropriated an-nually 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 printing of the laws, and other incidental expenses ; and the Secreta-ry of the Territory shall annually account to the Secretary of the Treasury of the United States for the manner in which the aforesaid sum shall have been expended.
SEC. 12. And be it further enacted, That the Legislative Assembly of the Territory of U-tah shall hold us first 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 Assem-bly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible; which place, how-ever, shall there after be subject to be changed by the said Governor arid Legislative Assembly. And the sum of twenty thousand dollars, out of any money in the treasury not otherwise appro-priated, is hereby appropriated and granted to said Territory of Utah, to be applied by the Governor and Legislative Assembly, to the erec-tion of suitable public buildings at the seat of government.
SEC. 13. And be it further enacted, That a del-legate 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 As-sembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the uelegaies from the several other Territories of the United States to the said House of Rep-resentatives. The first election shall 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 the elections, snail 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 ; Provided, That such delegate shall receive no higher sum for mileage than is allowed by law to the del-egate from Oregon.
SEC. 14. And be it further enacted, That the sum of five thousand dollars be, and the same is hereby appropriated out of any moneys in the treasury not otherwise appropriated, to be expen-ded by and under the direction of the said Gov-ernor of the Territory of Utah, in the purchase of a library, to be kept at the seat of govern-ment for the use of the Governor, Legislative Assembly, judges of the supreme court, secreta-ry, marshal, and attorney of said territory, and such oilier persons, and under such regulations ; as shall be prescribed by law.
SEC. 15. And be it further enacted, That when the lands in the said Territory shall be surveyed tinder the direction of the Government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thir-ty-six in each township in said Territory shall be and the same are hereby reserved for the purpose of being applied to schools in said Ter-ritory, and in the States and Territories hereaf-ter to be erected out of the same.
SEC. 16. And be it further enacted, That tem-porarily, and 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 Terri-tory 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 as-sign the judges, and alter the times and places of holding the courts, as to them shall seem pro-per and convenient.
SEC. 17. And be it further enacted, That the Constitution, and laws of the United States are hereby extended over and declared to be in force in said Territory of Utah, so far as the same or any provision thereof may be applicable.
Approved, September 9, 1850.
