Untitled Document

Sec. 1. The legislative power shall be vested in a house of representatives, which shall consist of not less than thirteen, nor 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 shall be chosen; and in case of vacancy by death, resignation, or 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 previousl, of the time and place of holding said election.

Sec. 2. The house of representatives, when assembled, shall choose a speaker and its other offiers, be judges of the qualifications and elections 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 attendance of absent members.

Sec. 3. The house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member, but not a second time for the same offence, and shall have all powers necessary for a legislature of a temporarly government, not in contravention with the restrictions imposed in this Organic law.

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

Sec. 5. The house of reprsentatives shall have the sole power of impeaching; three-fourths of all the members must concur in an impeachment. The governor and all civil officers under these articles 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.

Sec. 6 The house of representatives shall have power to lay out 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 levying and collecting of taxes, or the imposing of 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 invasions,--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 to promote the general welfare of the people of Oreogn, not contary to the spirit of this instrument,--and all powers not hereby expressly delegated, remain with the people. The house of representatives 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 any other officers necessary to carry into effect the provisions of this compact.

Sec. 7. The executive power shall be invested in one person, elected by the qualified voters at the annual election, who shall have power to fill vacancies, to remit fines and forfeitures, to grant pardons and reprieves for offenses 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 reprsentatives, shall, before it becomes a law, be presented to the governor for his approbation. 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 votes 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 (Sundays 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 adjournament 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; an 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 filled by election. The governor shall receive the sum of ________ 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 legislature on extraordinary occasions.

Sec. 8. The judicial power shall be vested in a supreme court, and such inferior courts of law, equity and arbitration, as may by law, from time to time be established. The supreme court shall consist of one judge, who shall be elected by the house of representatives, and hold his office for four years, and until his successor is duly elected and qualified. The supreme court, except in cases othewise directed by this compact, shall have appellate jurisdiction only, which shall be coextensive with this territory, and shall hold two ssessions annually, beginning on the first Mondays of June and September, and at 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 or representatives may, hereafter, provide by law for the supreme court having original jurisdiction in criminal cases.

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, as far as said organic laws are consistent with my duties as a citizen of the United States, or a subject of Great Britian,* and faithfully demean myself in office, so help me God.

[*Oregon still comprised American and British subjects in 1845.]

Sec. 10. Every free male descendant of a white man, inhabitant of this territory, of the age of twenty-one years an 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 and military, and be eligible to any office int he territory; PROVIDED, That all persons of the description entitled to vote by the provisons of this section, who shall emigrate to this territory after organization, shall be entitled to the right of citizens, after having resided six months in the territory.

Sec. 11. The election for all civil officers, provided for by this compact, shall be held the first Monday in June annually.

Article III is in the next essay.

1980