The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-07-21


cuive power aud authority in and said territor,
Of Csforni shall he vested in governor, who shall
hold his office for four years, and until his
STA be appointed and qualified. unless sooner re-
moved by the President of the United States Tn,
governor shall reside within said territory, shall be
chief Of the militia thereof shall per
form the duties and receive the emolumen super
Dtepde mt OF Indian affairs be may grant pardons fo,
OF against the laws of said territory repreves
offences sea the laws of the United States the
decision Of the President be made known thereon
he shall commission all officers who shall be appointed
to Office under the laws Of the said territory shall
take care that the laws be faithfully executed.
SEE. 20. And be it further enacted, That there
shall be secretary of said territory, who shall
side therein and hold his office for fous years,
less sooner removed by the President of the United
States no shall record and preserve all the laws
and proceedings of the Legislative assembly here
matter constituted, and all the acts and proceed
Dgs Of the governor in his executive department he
shall nit copy Of the laws md one copy of che
executive proceedings, before the first day Of De-
cember in each year to the President of the United
States and at the time two copies Of the laws
the Speaker Of the House Of Representatives and the
| President Of the Senate, for the of Congress
And in case oithe death removal resignation other
the secretary shall have and he is her,b 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.
! SEQ "a And be it further enacted, That the judi
cal power Of sad territory shall be vested supreme
court, district courts probate courts aud in justices
of Tho peace be supreme court shall CONSIST of u
chief justice and two associate justices any two of
tenn at the seat Of govern nept of said territory
nuay aud they shall old their Offices during the pc
rcd OF four years The said territory shall be divided
into three judc' districts nd district shall
be held in each of said districts by of the justices
Of the supreme court at such times and places may
| be prescribed by law and the said judges shall,
after their appointments respectively, reside in the
districts which shall be assigned to them. The juris-
dcton Of the several herein provided for both
appellate and original and that of the probate courts
and of Justices OF the peace, shall be limited by law
Povid d. That justices of the peace shall not have
sd q N no hpn ha
title or Of land may be in dispute where
the debt claimed shall exceed one hunprcd dol
lars the said preme and district courts, respec-
lively. shall possess chancery we'll law
jurisdiction Each district court or the judge thereof
shall appoint its clerk who shall also be the register
chsnceiy and shall keep his Office at the place where
the court may be held Writs error bills of excep
ton and appeals shall be allowed in all from the
final decision Of said district courts to the supreme
court under such regulations may be prescribed by
law; butin no case, removed to the supreme court
shall Trial by jury be allowed in said The
pre- the Justices thereof shall appoint its
clerk and every clerk shall hold his Office at the
plea. the court for which he shall have been ap
pointed Writs of error and appe from the nal de-
cisions Of said supreme court shall be- allowed. aud
may be taken to the Supreme Court of the United
States in the same and under the same r-gu-
laons from the circuit courts of the United States
each Of the ad district shall have else
the same jurisdiction in all arising under the
constitution and laws of the United States vested
in the circuit and district courts of The United States
and the f,t six days OF every term of said courts
much thereof shall be necessary shall be
prated TO the trial of causes arising under the said
constitution and laws and writs OF and appeals
in all such shall be made to the supreme of
said territory, the in other cases. The said
clerk shall receive, in all such cases. the fees
which the clerks of the district of Wisconsin
Territory heretofore received for similar services
Sec rs And be it further enacted That there shall
be appointed an attorney said territory who shall
continue in Office for four years, unless sooner
moved by the President and who shall receive the
fees and salary received by the attorney
OF the United States for the Territory of Wisconsin
There shall also be marsh hal for the territory appoint
ed, who shall bold his Office for years, unless
sooner removed by the President, and who shall
all proct issuing from the said courts when
exercising their jurisdiction as circuit and district
courts Of the United States he shall perform the du
ties be subject to the regulation and enaltes,
and be entitled to the fees, received by
the ma.ha of the district court of the United States
for the Territory of Wisconsin, and shall in addition,
be paid two hundred dollars annually compensa-
ton for extra services
See 90 And BIZ it further enacted That the legisa-
tive power said territory SHALL until Congress shall
Otherwise provide be vested in the governor secretary
and judges Of the supreme court who, or majority Of
them, shall have power to pass any law for the admns>
ation of justice in said territory which shall not be
Repayment to this act inconsistent with the laws
aud constitution OF the United States. But law
shall be passed interfering with the primary disposal of
the soil respecting establishments of religion. or
the rrcpesty of the states nor shall the lands
other property Of nou-residents be taxed higher
than the lands or other property OF residents All the
laws shall be submitted to the Congress Ct the United
States and If disapproved, shall be null and void
Sec 81 And be it further enacted, That the COVER
nor secretary chief justice and associate Justices,
by and with the advice and consent Of the
Senate, appointed by the President Of the United
States. The governor and secretary to be ap-
pointed ms afor.t aid shall before they act such
epectivey take oath or affirmation before the DIS
tct judge some justice OF the peace in the limits Of
said territory duly authorised to administer oaths and
afr nations by the laws now in force therein: or be
the chief justice associate justice of the
Supreme Court Of the United States to support the
copsttution of the United States and faithfully to
discharge the duties OF their respective Offices; which
said oaihs when taken be certified by the per-
NV hon mas hal hay hppn ahrn.a and
caes shall be received and recorded by the said
secretary among the executive proceedings And the
chief tice and a-sociats justices and all other civil
tct in ad territory, before they act such, shall
take like cath affirmation before the said governor
the territory who may be duly commissioned and quail
fled which said oath or affirmation shall be certified
and transmitted by the person taking the same to the
etury to be by him recorded aforesaid and af
trwards, the like oath affirmation shall be taken,
certified and recorded in such manner and form
may be prescribed by law The governor shall receive
IN an nusl salary fifteen hundred dollars COVER
and fifteen hundred dollars superinte ndent of
Indian affairs. The chief justice and associate JUS
tees shall each receive an annual salary of eighteen
hundred dollars. The secretary shall receive
Kual salary of eighteen hundred dollars. The SAID
salaries hall be paid quarter yearly at the treasury Of
the United States. There shall be appropriated, an
nuay the Of one thousand dollars, to be expend
ed by the governor defray the contingent expens
annually sufficient sum, to be expended by the
rotary of the territory, and upon estimate to be
by the Secretary Of the Treasury of the United
States to deay the expenses of the printing of the
laws and other incidental espensos and the secretary
of the territory shall nuay account to the Secreta
ry the Treasury Of the United States for the
in wbit the aforesaid shall have been expended
Sec 2s And be it further enacted, That, from aud
after the passage Of this act all that part Of the terri
tories Of the United States called New Mexico acquir
ed by the treaty of peace friendship limits and settle
ment between the United States of America aud
the Mexican republic, concluded at eau dalupe EIida-
60 the second day Of February, eighteen hundred
and foryeight shall be organized into, and const-
tute mp orary government by the Of the Ter
rtory OF Now Mexico provided, that nothing in
this act contained shall be construed to i'm
pair the rights of person property pertaining
the Indians in said territory. long such rights
shall remain distinguished by treaty between the
United States and such Indians; to affect the
tboIity Of the government of the United States, to
max any regulation respecting such Indians their
pds property other rights by treaty law 9TH
erwise, which 1t would have been competent to tho
cover to make this act had passed. And
provided further That nothing in this contained
shall be construed to inhibit the government of the