Act of March 3, 1863, Public Law37-96, 12 STAT 808, which created the Idaho Territory
3/3/1863
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Transcript
[?14]Rec’d 6. Mar.
Pub. 96.
[?738]
Thirty-seventh.
Congress of the United States,
At the third session
BEGUN AND HELD AT THE CITY OF WASHINGTON
In the District of Columbia
on Monday the first day of December one thousand eight hundred and sixty two.
AN ACT to provide a temporary government for the Territory of Idaho.
Be It Enacted by the Senate and House of Representatives of the United States of
America in Congress assembled.
That all that part of the territory of the United States included within the
following limits, to wit: Beginning at a point in the middle channel of the Snake
river where the northern boundary of Oregon intersects the same; then follow
down said channel of Snake river to a point opposite the mouth of the Kooskooskia
or clear water river; thence due north to the forty ninth parallel of latitude; thence
east along said parallel to the twenty seventh degree of longitude west of
Washington; thence south along said degree of longitude to the northern boundary
of Colorado Territory; thence west along said boundary to the twenty third degree
of longitude west of Washington; thence north along said degree to the forty
second parallel of latitude; thence west along said parallel to the eastern boundary
of the State of Oregon; thence north along said boundary to the place of beginning.
And the same is hereby created into a temporary government, by the name of the
Territory of Idaho; Provided: That nothing in this act contained shall
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be construed to inhibit the government of the United States from dividing said
Territory or changing its boundaries 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: Provided further, 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 tribes, 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 Idaho, until said tribe shall signify their assent
to the President of the United States to be included within 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.
Sec. 2. And be it further enacted, That the executive power and authority in and
over said Territory of Idaho 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 Territory, and shall be commander in chief of the militia, and
Superintendent of Indian Affairs thereof. He may grant pardons and respites for
offences against the laws of said Territory, and reprieve for offences against the
laws of the United States until the decision of the President of the United States
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.
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Sec. 3. And be it further enacted, That there shall be a Secretary of said Territory,
who shall reside therein, and shall hold his office for four years, unless sooner
removed by the President of the United States; he shall record and preserve all
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 journals of the legislative assembly, within thirty days
after the end of each session, and one copy of the executive proceedings and
official correspondence semi-annually, on the first days of January and July in each
year, to the President of the United States, and two copies of the laws to the
President of the Senate and to the Speaker of the House of Representatives for the
use of Congress; and in case of the death, removal, resignation, or absence of the
governor from the Territory the secretary shall be, and he is hereby, authorized and
required to execute and perform all the powers and duties of the governor during
such vacancy or absence, or until another governor shall be duly appointed and
qualified to fill such vacancy.
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 assembly. The
legislative assembly shall consist of a council and house of representatives. The
council shall consist of seven members, having the qualifications of voters as
hereinafter prescribed, whose term of service shall continue two years. The house
of representatives shall, at its first session, consist of thirteen members possessing
the same qualifications as prescribed for the members of the council, and whose
term of service shall continue one year. The number of representatives may be
increased by the legislative assembly, from time to time to twenty-six, in
proportion to the increase of qualified voters; and the council in like manner, to
thirteen. An apportionment
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Sec. 17. And be it further enacted, that all treaties, laws, and other engagements
made by the government of the United States with Indian tribes inhabiting the
territory embraced within the provisions of this Act, shall be faithfully and rigidly
observed, anything contained in this act to the contrary notwithstanding; and that
the existing agencies and superintendencies of said Indians be continued with the
same powers and duties which are now prescribed by law, except that the President
of the United States, may, at his discretion, change the location of the office of said
agencies or superintendents.
Galusha A Grow
Speaker of the House of Representatives
Solomon Foot,
President of the Senate pro tempore.
Approved, March 3, 1863.
Abraham Lincoln
This primary source comes from the General Records of the United States Government.
National Archives Identifier: 299816
Full Citation: Act of March 3, 1863, Public Law37-96, 12 STAT 808, which created the Idaho Territory; 3/3/1863; Enrolled Acts and Resolutions of Congress, 1789–2013; General Records of the United States Government, Record Group 11; National Archives Building, Washington, DC. [Online Version, https://docsteach.org/documents/document/act-of-march-3-1863-public-law3796-12-stat-808-which-created-the-idaho-territory, April 25, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.