I. TERRITORIAL GOVERNMENT. 12 Stat. 239. kota. Indian rights not to be impaired. 1. That all that part of the territory of the United States included within the follow- 2 March 1861 § 1. ing limits, namely: commencing at a point in the main channel of the Red River of the North, where the forty-ninth degree of north latitude crosses the same; thence up Territory of Dathe main channel of the same, and along the boundary of the state of Minnesota, to Big Boundaries. Stone Lake; thence along the boundary line of the said state of Minnesota, to the Iowa line; thence along the boundary line of the state of Iowa to the point of intersection between the Big Sioux and Missouri rivers; thence up the Missouri river, and along the boundary line of the territory of Nebraska, to the mouth of the Niobrara or Running Water river; thence following up the same, in the middle of the main channel thereof, to the mouth of the Keha Paha or Turtle Hill river; thence up said river to the fortythird parallel of north latitude; thence due west, to the present boundary of the territory of Washington; thence along the boundary line of Washington territory, to the fortyninth degree of north latitude; thence east, along said forty-ninth degree of north latitude, to the place of beginning; be and the same is hereby organized into a temporary government by the name of the territory of Dakota: Provided, That 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 tribe, 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 Dakota, until said tribe shall signify their assent to the president of the United States to be included within the 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: Provided further, That nothing in May be divided, this act contained shall be construed to inhibit the government of the United States or attached to from dividing said territory into two or more territories, in such manner and at such or states. times as congress shall deem convenient and proper, or from attaching any portion thereof to any other territory or state. (a) II. EXECUTIVE AUTHORITY. other territories 12 Stat. 239. Residence. 2. The executive power and authority in and over said territory of Dakota, shall be 2 March 1861 ? 2. vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the president of the United Governor. States. The governor shall reside within said territory, shall be commander-in-chief Term of office. of the militia thereof; shall perform the duties and receive the emoluments of superintendent of Indian affairs; he may grant pardons for offences against the laws of said His powers, &c. 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 appointed to office under the laws of said territory, and shall take care that the laws be faithfully executed.(b) Ibid. § 3. Secretary. duties. 3. 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 assembly here- His powers and inafter constituted, and all the acts and proceedings of the governor, in his executive department; he shall transmit one copy of the laws and 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 congress. And in case of the death, removal or resignation, or other necessary absence of the governor from When to act as the territory, the secretary shall have, and he is hereby authorized and required, to governor. execute and perform all the powers and duties of the governor, during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy. III. LEGISLATIVE POWER. 12 Stat. 240. 4. The legislative power and authority of said territory shall be vested in the governor 2 March 1861 3 4. and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of nine members, which may be Constitution of the legislative increased to thirteen, having the qualifications of voters as hereinafter prescribed, whose assembly. term of service shall continue two years. The house of representatives shall consist of Council. thirteen members, which may be increased to twenty-six, possessing the same qualifi (a) See act 26 May 1864, 18, annexing part of Idaho to Dakota territory. 13 Stat. 92. (b) This section is so amended by act 2 March 1863, 4. 12 Stat. 701. 2 March 1861. House of repre- Census. First election. cations as prescribed for members of the council, and whose term of service shall continue one year.(a) 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 shall 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 census 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 the members of the council and house of representatives to which each of the counties 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 council, shall be declared by the governor to be duly elected to the council; and the person or persons authorized to be elected having the greatest number of votes for the house of representatives, equal to the number to which each county or district shall be entitled, shall be declared by New election in the governor to be elected members of the house of representatives: Provided, That in case of a tie between two or more persons voted for, the governor shall order a new Subsequent elec election 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 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 population, shall 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, except the first, which may be extended to sixty days, but no longer. 5. Every free white male inhabitant of the United States, above the age of twentyQualifications of one years, who shall have been a resident 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 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 of suffrage and of holding office shall be exercised only by citizens of the United States, and those who shall have declared on oath their intention to become such, and shall have taken an oath to support the constitution of the United States. case of a tie. tions. Duration of sessions. Ibid. 5. voters. Ibid. 26. lative power. 6. The legislative power of the territory shall extend to all rightful subjects of legisExtent 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 non-residents be taxed higher than the lands or other property of residents; nor shall any law be passed impairing the rights of private property; nor shall any discrimination be made in taxing different kinds of property; but all property subject to taxation shall be in proportion to the value of the property taxed. Ibid. § 7. township, district and county officers. 7. All township, district and county officers, not herein otherwise provided for, shall Appointment of be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the territory. The governor shall nominate and, by and with the advice and consent 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. Ibid. 8. Exclusion of members from office. 2 March 1863 § 2. 12 Stat. 700. governor. 8. 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 he was a member, during the term for which he was elected, 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 legislative assembly, or shall hold any office under the government of said territory. 9. Every bill which shall have passed the legislative assembly shall, before it become a law, be presented to the governor of the territory; if he approve it, he shall sign it; Veto power of the but if not, he shall return it, with his objections, to the house in which it originated, who shall enter the objections at large on their journal and proceed to reconsider it. legislature shall, at its first session after the passage of this act, make provision by law for carrying this act into effect. 300. See tit. "Territories," 8. (a) The act 3 March 1869, provides that the members of both branches of the legislative assemblies of the several territories shall be chosen for the term of two years, and the sessions of the legislative assemblies shall be biennial; and such territorial 15 Stat. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it 2 March 1863. 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 (Sundays excepted) after it shall be 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. (a) IV. JUDICIARY. 10. The judicial power of said territory shall be vested in a supreme court, district 2 March 1861 & 2 courts, probate courts and in justices of the peace. The supreme court shall consist of 12 Stat. 241. a chief justice and two associate justices, any two of whom shall constitute a quorum, Supreme court. and who shall hold a term at the seat of government of said territory annually; and they shall hold their offices during the period of four years. The said territory shall be District courts. 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 prescribed by law; and the said judges shall, after their appointments, respectively, peace. powers, &c. courts. reside in the districts which shall be assigned them. The jurisdiction of the several Jurisdiction. courts herein provided for, both appellate and original, and that of the probate courts and of the justices of the peace, shall be as limited by law: Provided, That justices of Justices of the 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 the said supreme and district courts, respectively, shall possess Chancery chancery as well as common law jurisdiction, and authority for redress of all wrongs committed against the constitution or laws of the United States, or of the territory, affecting persons or property. Each district court, or the judge thereof, shall appoint Clerks of district its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals, shall Errors and appeals. be allowed in all cases from the final decisions of said district courts to the supreme court, under such regulations as may be prescribed by law; but in no case removed to the supreme court shall trial by jury be allowed in said court. The supreme court, or Clerk of supreme the justices thereof, 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, (b) where the value of the property or the amount in controversy, to be ascertained by the oath or affirmation court. of either party or other competent witness, shall exceed one thousand dollars. And Powers of the each of the said district courts shall have and exercise the same jurisdiction, in all district courts. cases arising under the constitution and laws of the United States, as is vested in the circuit and district courts of the United States. And the said supreme and district courts of the 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 Habeas corpus. the United States in the District of Columbia. And the first six days of every term of What causes to said courts, or so much thereof as shall be necessary, shall be appropriated to the trial have precedence of causes arising 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 Fees of clerk. clerks of the district courts of Nebraska territory now receive for similar services. Ibid. 2 10. 11. There shall be appointed an attorney for said territory, who shall continue in office for four years, unless sooner removed by the president, and who shall receive the District attorney. same fees and salary as the attorney of the United States for the present territory of Nebraska. There shall also be a marshal for the territory appointed, who shall hold Marshal. his office for four years, unless sooner removed by the president, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be entitled to the same fees as the marshal of the district court of the United States for the present territory of Nebraska, and shall, in addition, be paid two hundred dollars annually as a compensation for extra services. 12. Temporarily, 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 Judicial districta appointed for said territory to the several districts, and also appoint the times and (a) This is extended to Dakota territory by the 4th section of the same act. (b) The writ of error may be issued by the clerk of the terri Ibid. 15. torial court, and the citation signed, and the bond approved by one of the judges. Sheppard v. Wilson, 5 How. 210. 2 March 1961. 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. Ibid. 16. 13. The constitution, and all laws of the United States which are not locally inappliLaws of the Uni- cable, shall have the same force and effect within the said territory of Dakota, as elsewhere within the United States. . ted States ex tended to Dakota. 2 Mar. 1861 14. 12 Stat. 243. School lands. Ibid. 17. Surveyor-gene ral. Ibid. 18. V. LANDS AND LAND Offices. 14. When the land 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. 15. The president of the United States, by and with the advice and consent of the senate, shall be and he is hereby authorized to appoint a surveyor-general for Dakota, who shall locate his office 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. 16. That so much of the public lands of the United States in the territory of Dakota, Yancton district. West of its eastern boundary and east and north of the Niobrara, or Running Water Ibid. 19. Register and receiver. 2 Mar. 1861 11. 12 Stat. 242. river, be formed into 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. 17. 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. VI. MISCELLANEOUS PROVISIONS. 18. The governor, secretary, chief justice and associate justices, attorney and marshal shall be nominated and, by and with the advice and consent of the senate, appointed Appointment of by the president of the United States. The governor and secretary to be appointed as territorial offi cers. Oath of office. 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 authorized 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 constitution of the United States and faithfully to discharge the duties of their respective offices; which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificates shall be received and recorded by the secretary among 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 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 transmitted 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 manner 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 dollars; the secretary shall receive an annual salary of eighteen hundred dollars; the said salaries shall be paid quarter-yearly at the treaCompensation of sury of the United States. The members of the legislative assembly shall be entitled to receive three dollars each per day during their attendance at the session thereof, and three dollars for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route. There shall be appropriated annually the sum of one thousand dollars, to be expended by the governor, to defray the contingent expenses of the territory; there shall also be appropriated annually 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, Salaries. members of as serably. Contingent expenses. to defray the expenses of the legislative assembly, the printing of the laws and other incidental expenses; and the secretary 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. 2 March 1861 Ibid. 12. 19. The legislative assembly of the territory of Dakota shall hold its first session at such time and place in said territory as the governor thereof shall appoint and direct; Seat of governand at said first session, or as soon thereafter as they shall deem expedient, the governor ment. and legislative assembly shall proceed to locate and establish the seat of government for said territory 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. Ibid. 13. 20. A 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 mem- Delegate to conbers of the legislative assembly, who shall be entitled to the same rights and privileges gress. 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 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. 21. The river in said territory heretofore known as the "River aux Jacques," or 'James River," shall hereafter be called the Dakota river. Ibid. 20. Dakota river. 1. Estimates, how made. 2. Ruling and binding for the departments. Departments. 3. Oath of allegiance to be administered to clerks, &c. Form of oath. Penalty for refusal. 4. Before whom taken. Violation to be deemed perjury. 5. Who to act as heads of departments in case of temporary disability, &c. 6. Temporary disability, &c., of other officers. 7. President may designate other officers to perform the duties. 1. The estimates for the various executive departments shall designate not only the amount required to be appropriated for the next fiscal year, but also the amount of the outstanding appropriation, if there be any, which will probably be required to be used for each particular item of expenditure. 11 Stat. 327. 2. All the ruling and binding for the several executive departments shall be exe- 12 June 1858 3 14. cuted by practical and competent bookbinders, to be appointed by the head of the department. 6 Aug. 1861 31. 12 Stat. 328. Oath of allegt ance to be admin istered to clerks, &c. Form of oath. 3. It shall be the duty of the heads of the several departments to cause to be administered to each and every officer, clerk or employé, now in their respective departments, or in any way connected therewith, or who shall hereafter in any way become connected therewith, the following oath, viz.: "I do solemnly swear (or affirm, as the case may be) that I will support, protect and defend the constitution and government of the United States against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state convention or legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge and purpose, without any mental reservation or evasion whatsoever; and further, that I will well and faithfully perform all the duties which may be required of me by law. So help me God." And each and every such civil officer and employé, Penalty for refuin the departments aforesaid, or in any way connected therewith, in the service or employment of the United States, who shall refuse to take the oath or affirmation herein provided, shall be immediately dismissed and discharged from such service or employment. sal. Ibid. § 2. Violation to be 4. The oath or affirmation herein provided for in the first section of this act, may be taken before any justice of the peace, or notary public, or other person who is legally Before whom authorized to administer an oath in the state or district where the same may be admin- taken. istered. And any violation of such oath by any person or persons taking the same deemed perjury. shall subject the offender to all the pains and penalties of wilful and corrupt perjury ; who shall be liable to be indicted and prosecuted to conviction for any such offence before any court having competent jurisdiction thereof: And provided further, That such offender shall be forthwith discharged from such service or employment. 15 Stat. 168. 5. In case of the death, resignation, absence or sickness of the head of any execu- 23 July 1868 § L tive department of the government, the first or sole assistant thereof shall, unless otherwise directed by the president of the United States, as is hereinafter provided, |