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the mouth of the Great Miami to the said territorial line, and by the said territorial line. The eastern state shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said Congress territorial line: Provided, however, and it is further understood and alter declared, that the boundaries of these three states shall be subject such bounda- so far to be altered, that, if Congress shall hereafter find it expe

has the power to

ries.

When

how a state

mitted into

the Union.

dient, they shall have authority to form one or two states in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. and And whenever any of the said states shall have sixty thousand free may be ad- inhabitants therein, such state shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original states, in all respects whatever; and shall be at liberty to form a permanent constitution and state government: Provided, The constitution and government, so to be formed, shall be republican, and in conformity to the principles contained in these articles; and, so far as can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the state than sixty thousand.

Slavery nor involuntary

in the territo

ARTICLE VI.

There shall be neither slavery nor involuntary servitude in the servitude said territory, otherwise than in the punishment of crimes, whereof not to exist the party shall have been duly convicted: Provided, always, That ry other than any person escaping into the same, from whom labor or service is What fugi- lawfully claimed in any one of the original states, such fugitive service may may be lawfully reclaimed, and conveyed to the person claiming be reclaimed. his or her labor or service as aforesaid.

for crimes.

tives from

Resolutions Be it ordained by the authority aforesaid, That the resolutions of of 23 April: the 23d of April, 1784, relative to the subject of this ordinance, be, pealed. and the same are hereby repealed, and declared null and void.

1784,

re

Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the 12th.

CHARLES THOMPSON, Sec'y.

ORGANIC LAW OF OREGON.

33

PREAMBLE.

WE, the People of Oregon Territory, for purposes of mutual pro- Preamble. tection, and to secure peace and prosperity among ourselves, agree to adopt the following laws and regulations, until such time as the United States of America extend their jurisdiction

over us.

vided into

Be it enacted, therefore, by the free citizens of Oregon territory, That Territory dithe said territory, for purposes of temporary government, be di- districts. vided into not less than three nor more than five districts, subject to be extended to a greater number when an increase of population shall require.

For the purpose of fixing the principles of civil and religious liberty, as the basis of all laws and constitutions of government that may hereafter be adopted

Be it enacted, That the following articles be considered articles of compact among the free citizens of this territory:

ARTICLE I.

freedom.

SECTION 1. No person demeaning himself in a peaceable and Religious orderly manner, shall ever be molested upon account of his mode of worship or religious sentiments.

pus.

bailable.

and

SEC. 2. The inhabitants of said territory shall always be entitled Habeas cor to the benefits of the writ of habeas corpus and trial by jury, of a Jury. proportionate representation of the people in the Legislature, and of judicial proceedings, according to the course of common law. All persons shall be bailable, unless for capital offences, where the Offences proof shall be evident, or the presumption great. All fines shall Fines be moderate, and no cruel or unusual punishments inflicted. No punishments man shall be deprived of his liberty but by the judgment of his peers, or the law of the land; and should the public exigencies make it necessary for the common preservation to take any person's Compensaproperty, or to demand his particular services, full compensation property tashall be made for the same; and in the just preservation of rights lic use. and property, it is understood and declared that no law ought ever to be made, or have force in said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements, "bona fide" and without fraud previously formed.

tion

for

ken for pub

What pr

con

vate
tracts invio-
lable.

Education.

Indians.

SEC. 3. Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the Faith to be means of education shall forever be encouraged. The utmost good observed to faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and in their property, rights and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by the representatives of the people; but laws founded in justice and humanity shall, from time to time, be made for preventing injustice being done to them, and for preserving peace and friendship with them.

Involuntary servitude.

Arms;

searches;

press; no se

SEC. 4. There shall be neither slavery nor involuntary servitude in said territory, otherwise than for the punishment of crimes, whereof the party shall have been duly convicted.

SEC. 5. No person shall be deprived of the right of bearing arms freedom of in his own defence; no unreasonable searches or seizures shall be cond trial; granted;, the freedom of the press shall not be restrained; no person shall be twice tried for the same offence, nor the people deprived of the right of peaceably assembling and discussing any matter they may think proper, nor shall the right of petition ever be denied.

assemblages; petition.

Powers of

how divided.

SEC. 6. The powers of the government shall be divided into government; three distinct departments the legislative, executive and judicial; and no person or persons belonging to one of these departments, shall exercise any of the powers properly belonging to either of the others, except in cases herein directed or permitted.

Legislative power, how vested; re

tives, chosen.

ARTICLE II.

SECTION 1. The legislative power shall be vested in a House of Representatives, which shall consist of not less than thirteen, nor presentahow more than sixty-one members, whose numbers shall not be increased more than five at any one session, to be elected by the qualified electors at the annual election, giving to each district a representation in the ratio of its population, (excluding Indians,) and the said members shall reside in the district for which they Ib. in case shall be chosen; and in case of vacancy, by death, resignation or of vacancy. otherwise, the executive shall issue his writ to the district where such vacancy has occurred, and cause a new election to be held, giving sufficient notice, at least ten days previously, of the time and place of holding said election.

Speaker, &c.,

Adjournments.

SEC. 2. The House of Representatives, when assembled, shall how chosen choose a speaker and its other officers, be judges of the qualifications and election of its members, and sit upon its own adjournment from day to day. Two-thirds of the house shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and may be authorized by law to compel the at

Quorum.

Attendance tendance of absent members.

of members.

Rules of order.

SEC. 3. The house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concur Expulsion of rence of two-thirds, expel a member, but not a second time for the same offence, and shall have all powers necessary for a Legislature

members.

of a temporary government, not in contravention with the restrictions imposed in this organic law.

fix salaries

SEC. 4. The House of Representatives shall, from time to time, House may fix the salaries of the different officers appointed or elected under of public of this compact, provided the pay of no officer shall be altered during ficers. the term of his service; nor shall the pay of the house be increased by any law taking effect during the session at which such alteration. is made.

ment

and

SEC. 5. The House of Representatives shall have the sole power Impeachof impeaching; three-fourths of all the members must concur in an consequence impeachment. The governor and all civil officers under these arti- of. cles of compact, shall be liable to impeachment for treason, bribery, or any high crime or misdemeanor in office. Judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, trust or profit under this compact; but the party convicted may be dealt with according to law.

vy taxes.

SEC. 6. The House of Representatives shall have power to lay Power to leout the territory into suitable districts, and apportion the representation in their own body. They shall have power to pass laws for raising a revenue, either by the levying and collecting of taxes, or the imposing license on merchandise, ferries or other objects-to open roads and canals, either by the levying a road tax, or the chartering of companies; to regulate the intercourse of the people with the Indian tribes; to establish post-offices and post-roads; to declare war, suppress insurrection or repel invasion; to provide for the organizing, arming and disciplining the militia, and for calling forth the militia to execute the laws of Oregon; to pass laws to regulate the introduction, manufacture or sale of ardent spirits; to regulate the currency and internal police of the country; to create inferior tribunals and inferior officers necessary, and not provided for by these articles of compact; and generally to pass such laws Other powto promote the general welfare of the people of Oregon, not contrary to the spirit of this instrument, and all powers not hereby expressly delegated remain with the people. The House of Repre- When sentatives shall convene annually on the first Tuesday in December, at such place as may be provided by law, and shall, upon their first meeting after the adoption of this instrument of compact, proceed to elect and define the duties of a secretary, recorder, treasurer, auditor, marshal, or other officers necessary to carry into effect the provisions of this compact.

ers.

convene.

SEC. 7. The executive power shall be invested in one person, Executive elected by the qualified voters at the annual election, who shall powers. have power to fill vacancies, to remit fines and forfeitures, to grant pardons and reprieves for offences against the laws of the territory, to call out the military force of the territory to repel invasion or suppress insurrection, to take care that the laws are faithfully executed, and to recommend such laws as he may consider necessary, to the representatives of the people for their action. Every bill which shall have been passed by the House of Representatives shall, before it becomes a law, be presented to the governor for his appro

to

bation. If he approve, he shall sign it; if not, he shall return it, with his objections, to the house, and the house shall cause the objections to be entered at large on its journals, and shall proceed to reconsider the bill; if, after such reconsideration, a majority of two-thirds of the house shall agree to pass the same, it shall become a law. In such cases the vote shall be taken by ayes and noes, and be entered upon the journals. If any bill shall not be returned by the governor to the House of Representatives within three days (Sunday excepted) after it shall have been presented to him, the same shall become a law in like manner as if the governor had signed it, unless the House of Representatives, by its adjournment, shall prevent its return, in which case it shall not become a law. The governor shall continue in office two years, and until his successor is duly elected and qualified; and in case of the office becoming vacant, by death, resignation or otherwise, the secretary shall exercise the duties of the office until the vacancy shall be Term of of filled by election. The governor shall receive the sum of

fice.

Salary.

Judicial

vested.

preme Court,

Court.

dollars per annum, as full compensation for his services, which sum may be increased or diminished at any time by law, provided the salary of no governor shall be altered during his term of service. The governor shall have power to convene the Legistature on extraordinary occasions.

SEC. 8. The judicial power shall be vested in a Supreme Court, power, how and such inferior courts of law, equity and arbitration, as may, by law, from time to time be established. The Supreme Court shall Judge of Su- consist of one judge, who shall be elected by the House of Reprehow elected. sentatives, and hold his office for four years, and until his successor is duly elected and qualified. The Supreme Court, except in cases Jurisdiction otherwise directed by this compact, shall have appellate jurisdiction of Supreme only; which shall be co-extensive with this territory, and shall hold two sessions annually, beginning on the first Mondays in June and September, and at such places as by law directed. The Supreme Court shall have a general superintending control over all inferior courts of law. It shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and other original remedial writs, and hear and determine the same. The Supreme Court shall have power to decide upon and annul any laws contrary to the provisions of these articles of compact, and whenever called upon by the House of Representatives, the supreme judge shall give his opinion touching the validity of any pending measure. The House of Representatives, may, hereafter, provide by law for the Supreme Court having original jurisdiction in criminal cases.

Oath of office.

Who

enti

SEC. 9. All officers under this compact shall take an oath as follows, to wit: I do solemnly swear, that I will support the organic laws of the provisional government of Oregon, so far as said organic laws are consistent with my duties as a citizen of the United States, and faithfully demean myself in office. So help me God.

SEC. 10. Every free male descendant of a white man, inhabitant tled to vote. of this territory, of the age of twenty-one years and upwards, who shall have been an inhabitant of this territory at the time of its organization, shall be entitled to vote at the election of officers, civil

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