number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disability of the President.

The person having the greatest number of votes as Vice President, shall be the Vice President, if such number be a majority of the whole number of electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice.

But no person constitutionally ineligible to the office of President shall be eligible to that of Vice President of the United States.

TO ESTABLISH A

TERRITORIAL GOVERNMENT

FOR UTAH.

PASSED SEPTEMBER 9, 1850.

the territory of

SEC. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled, That all that part of Boundary of the territory of the United States included within Utah defined. the following limits, to wit: bounded on the west by the state of California, on the north by the territory 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 temporary 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, as their constitution may prescribe at the time of their admission: Provided, That nothing in this act contained shallProvise. 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 times, 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.

er vesfed in a

duties defined

SEC. 2. And be it further enacted, That the Excentive pewexecutive power and authority in and over said governor; his territory of Utah shall be 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 States. The governor shall reside within said

Secretary; his

territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws passed by the legislative assembly 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 U. S. 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 the said territory, and shall take care that the laws be faithfully executed.

SEC. 3. And be it further enacted, That there duties defined 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 hereinafter 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, vernor in cer- removal, resignation, or other necessary absence of the governor from the territory, the secretary shall have, and he is hereby authorized and required to 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.

To act as go

tain contingencies.

Legislativo

power; how vestad.

SEC. 4. And be it further enacted, That the legislative power and authority of said territory, shall be vested in the governor and a legislative asLegislative assembly. The legislative assembly shall consist of

sist of council

a council and house of representatives. The coun-sembly to con cil shall consist of thirteen members, having theand house of qualifications of voters as hereinafter prescribed, Council to con

representatives

26.

election, a cen

whose term of service shall continue two years.sist of 13 men The house of representatives shall consist of twen-bers; the heure ty-six members, possessing the same qualifications. as prescribed 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 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 Previous first a census or enumeration of the inhabitants of thems to be taken. 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 counties or districts Elections; how shall be entitled under this act. The number ofeonducted. persons authorized to be elected having the highest number of votes in each of said council distriets 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 highest 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 the Governor to be duly elected members of the House of Representatives: Provided. Proviso. That in case of a tie between two or more per

sons voted for, the governor shall order a new election to supply the vacancy made by such a tie. And the person thus elected to the legislative assembly shall meet at such place, and on snch 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 population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Further provi- Provided, That no one session shall exceed the term of forty days.

Qualifications

of voters.

Proviso.

SEC. 5. And be it further enacted, That every free white male inhabitant above the ageof twenty 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, including those recognized as citizens by the treaty with the republic of Mexico, concluded February second eighteen hundred and forty-eight. SEC. 6. And be it further enated, That the territory defin-legislative power of said territory shall extend to all rightful subjects 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. All the laws passed by the legislative assembly and governor shall

Legislative power of the

ed.