Page:Portland, Oregon, its History and Builders volume 1.djvu/166

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116
THE CITY OF PORTLAND

lowing laws and regulations, until such time as the United States of America extend their jurisdiction over us.

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

Art. 2. The inhabitants of said territory shall always be entitled to the benefits of the writ of habeas corpus, and trial by jury; of a 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 proof shall be evident, or the presumption great. All fines shall be moderate, and no cruel or unusual punishments inflicted. No 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 property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights 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.

Art. 3. Religion, morality, and knowledge, being necessary to good government, and the happiness of mankind, schools, and the means of education shall forever be encouraged.

The utmost good 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.

Art. 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. 2; Art. 1. Be it further enacted, that an election of civil and military officers shall be held annually on the second Tuesday in May, in the several districts at such places as shall be designated by law.

Art. 3. Each officer heretofore elected, or hereafter to be elected, shall, be- fore entering upon the duties of his office, take an oath or affirmation, to sup- port the laws of the territory, and faithfully to discharge the duties of his office.

Art. 5. The executive power shall be vested in a committee of three persons, elected by the qualified voters at the annual election, who shall have power to grant pardons and reprieves for offences against the laws of the territory, to call out the military force of territory to repel invasion, or suppress insurrection, to take care that the laws are faithfully executed, and to recommend such laws as they may consider necessary, to the representatives of the people, for their action. Two members of the committee shall constitute a quorum to transact business.

Art. 6. The legislative power shall be vested in a committee of nine persons, who shall be elected by the qualified electors at the annual election, giving to each district a representation in ratio of its population, excluding Indians; and the said members of the committee shall reside in the district for which they shall be chosen.

Art. 7. The judicial power shall be vested in a supreme court, consisting of a supreme judge, and two justices of the peace; a probate court; and in justices of the peace. The jurisdiction of the supreme court shall be both appellate and original. That of the probate court and justice of the peace, as limited by law—provided, that individual justices of the peace shall not have jurisdiction of any