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THIRTY-NINTH CONGRESS.
SEES. II.
Ca. 150, 151 . 1867 .
427
District may
several districts in both houses of the legislative assembly, but the legislature may at any time change the legislative districts of the Territory as be changed .
fixed by the governor.
SEc . 6 . And be it further enacted, That all acts passed at the two ses- Certain former
of assembly
sions of the so-called legislative assembly of the Territory of Montana, acts
of
deheld in eighteen hundred and sixty-six, are hereby disapproved and de- dared null.
clared null and void, except such acts as the legislative assembly herein
authorized to be elected shall by special act in each case re-enact : Pro- Claims for
n ghts
de
vided, however That in all claims of vested rights thereunder ~the party may
ay be ma
.
claiming the same shall not, by reason of anything in this section contained, be precluded from making and testing said claim in the courts of
said Territory : And provided further, That no legislation or pretended Certain legisin said Territory since the adjournment of the first legislative lation until, &c
assembly shall be deemed valid until the election of the legislative assembly herein provided for shall take place .
SEC . 7 . And be it further enacted, That from and after the first day , Salary of
of April next the salary of each of the judges of the several supreme p dges courts in
courts in each of the organized Territories (except Montana and Idaho) rerritories, except
shall be two thousand five hundred dollars .
.SEC . 8. And be it further enacted, That all acts and parts of acts inconRepealing
clause .
sistent with this act are hereby repealed .
APPROVED, March 2, 1867 .
C13AP . CLL - An Act to amend an Act entitled ea An Ad to provide a Temporary Gao- March 2, 1867.
ernm gut for the Territory of Idaho," approved March three, eighteen hundred an sixty- 1863, ch. 117 .
three
Vol . xii. P. 808.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the judges of the supreme Judges of Sncourt of said Territory, or a majority of them, shall, when assembled at pleme Court to
the seat of government of said Territoiy, define the judicial districts of define the ta d assaid Territory, and assign the judges who may be appointed for said Ter- sign judges, and
ritory to the several districts ; and shall also fix and appoint the times appoint times
and places
for holding court in the several counties or sub-divisions in andholding
placescourts.
for
each of said judicial districts, and alter the times and places of holding
the courts, as to them shall seem proper and convenient .
Stn. 2. And be it further enacted, That the next session of the legisla- Sessions of the
tive assembly of the Territory of Idaho shall be held commencing on the legislative asfirst Monday in December, A. D. eighteen hundred and sixty-eight, and sembly*
thereafter the legislative assembly of said Territory shall be held biennially . And the next election for members of the legislative assembly of Elections for
said Territory shall be held on the second Monday in August, A . D . eigh- members
teen hundred and sixty-eight, and thereafter said election shall-be held
biennially .
Sac . 3 . And be it further enacted, That the members of the house of Term of office
representatives of said legislative assembly shall be elected for the term of members of
of two years, and the members of the council of said legi-lative assembly cou,e,~nd of
shall be elected for the term of four years : Provided, That at the first Councillor dieelection hereafter one half of the members of said council shall be elected tracts, and elecn of members
for the term of two years, and the remaining half for the term of four tio
of council .
years ; and the districts wherein members of the council are to be elected
for the term of two years and the districts wherein members of the eouncil
are to be elected for the term of four years at the next election shall be
determined by proclamation of the governor of said Territory : Provided, Proviso.
That in all counties and election districts which shall be entitled to elect
two members of the council, one of said members shall be elected for two
years and the other for fotre years .
SEc . 4. And be it further enacted, That all acts and parts of acts in- Repealing
clause.
consistent with this act are hereby repealed .
APPROVED, March 2, 1867
428
THIRTY-NINTH CONGRESS .
SEss. 11.
CH. 152, 153 .
1867.
March 2,1867. CHAP. CLII . - An Act to amend an Act entitled "An Act authorizing the Construction
ofa Jail in and for the District of Columbia," approiled June [July] twenty-five, eighteen
1866, ch . 286.
hundred and sixty-six .
Ante, p . 231 .
Be it enacted by the Senate and House of Representatives of the United
Repeal of part States of America in Congress assembled, That so much of the sixth secof section six of tion of the act entitled ii An act authorizing the construction of a jail in
act of 1866, ch.
and for the District of Columbia," approved June [July] twenty-five,
gas.
eighteen hundred and sixty-six, as specifies the amounts to be raised and
paid into the treasury of the United States by the cities of Washington
and Georgetown, respectively, before the completion of said jail, is hereby
repealed .
City of washSEC. 2. And be it further enacted, That it shall be the duty of the
ington to pay
part foo as its proper authorities of the city of Washington, and they are hereby refor building quired, to raise, by tax or otherwise, and pay into the treasuiy of the
tail in the Dis- United States, at or before the time of the completion of said jail, the sum
t of Columseventy-eight thousand dollars ; and it shall be the like duty of the
baGeorgetown toofproper
authorities of the city of Georgetown, and they are hereby repay $12,000.
quired, to raise, by tax or otherwise, and pay into the treasury of the
United States, at or before the time of the completion of said jail, the sum
of twelve thousand dollars .
APPROVED, March 2, 1867 .
March 2, 1867 . CHAP. CLIII . - An Act to provide for the more efficient
Preamble.
Government of the Rebel States.
WHEREAS no legal State governments or adequate protection for life or
property now exists in the rebel States of Virginia, North Carolina,
See Vol . xv. South Carolina, Georgia, Mississippi, Alabama, Louisiana, Florida, Texas,
pp . 2,14,29, so. and Arkansas ; and whereas it is necessary that peace and good order
should be enforced in said States until loyal and republican State governments can be legally established : Therefore,
Certain rebel
Be it enacted by the Senate and House of Representatives of the United
States to be di- States of America in Congress assembled, That said rebel States shall be
vided into milidivided into military districts and made subject to the military authority
tary districts
and subjected to of the United States as hereinafter prescribed, and for that purpose Virmilitary author- ginia shall constitute the first district ; North Carolina and South Carolina
ity
First District . the second district ; Georgia, Alabama, and Florida the third district ;
Second Dis- Mississippi and Arkansas the fourth district ; and Louisiana and Texas
trict.
Third District . the fifth district .
Fourth DisSEC . 2. And be it further enacted, That it shall be the duty of the
trict
Fifth District. President to assign to the command of each of said districts an officer of
President to the army, not below the rank of brigadier-general, and to detail a suffiassign army offi- cient military force to enable such officer to perform his duties and encer to command force his authority within the district to which he is assigned .
each district .
Military force
SFc . 3. And be it further enacted, That it shall be the duty of each
to be detailed
officer assigned as aforesaid, to protect all persons in their rights of perConimandei8 son and property, to suppress insurrection, disorder, and violence, and to
o
of disti icts, their
powers and du- punish, or cause to be punished, all disturbers of the public peace and
ties .
Local civil tri- criminals ; and to this end he may allow local civil tribunals to take jurisdiction of and to try offenders, or, when in his judgment it may be necesbunals.
Military tribu- sary for the trial of offenders, he shall have power to organize military
nals.
State interfer- commissions or tribunals for that purpose, and all interference under color
ence declared of State authority with the exercise of military authority under this act,
null .
shall be null and void.
Pei sons under
SEC. 4. And be it further enacted, That all persons put under military
military arrest to
be speedily tried. arrest by virtue of this act shall be tried without unnecessary delay, and
Punishment. no cruel or unusual punishment shall be inflicted, and no sentence of any
Sentences of
military tribu- military commission or tribunal hereby authorized, affecting the life or
nals .
liberty 'of any person, shall be executed until it is approved by the officer
in command of the district, and the laws and regulations for the govern-