The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-09-11


eluIed February second, eighteen hundred and
forty'eight.
SrcrioS T. Ind be il further enacted, That the
legislative power Of the Territory shall extend to
al righttu subjects OF legislation, consistent with
the Constitution of the United States and the pro-
visions of this act; but no law shall be passed in
terfering with the primary disposal of the soj no
tax ehal be imposed upon the property of the Uni
ted States; nor shall the lands or other property
OF non residents be taxed higher than the lands or
other property of residents All the laws passed
by the Legislative Assembly and Governor shall be
submitted TO the Congress of the United States,
and if disapproved shall be null and of no effect
SECTION $, Ind be ii further enacted, That all
township, district, and county officers, not herein
otherwise provided for, shall be appointed or
elected, as the Gaze may be, in such manner as
shall be provided by the Governor and Legislative
Assembly OF the Territory of New Mexico. The
Governor shall nominate, and, by and with the
advice and consent of the Legislative Council APP
point all officers not herein otherwise provided for
and in the first instance the Governor alone may
appoint all said officers who shall hold their offices
until the end of the first session of the Legislative
Assembly, and shall lay off the necessary districts
for members Of the Council and House of Repre-
| sen natives and all other officers.
| Section 9. ind be IL further enacted, That no
| member OF the Legislative Assembly shall hold
be appointed TO any office which shall have been
created or the salary or emoluments of which shall
! have been increased while he was member, dur
ing the term for which he was elected, and for one
year after the expiration of such term; and no
| person holding commission or appointment UNI
der the United States except postinasers shall be
a member of the Legislative Assembly, or shall
| hold any Office under the government OF said Ter
ritory
SECTION 10. Ind be it further enacted, That the
Judicial power OF said Territory shall be vested in
! a Supreme Court, District Courts Probate Courts,
| and in Justices of the Peace. The Supreme Court
| 81 AL consist of Chief Justice and two Associate
! Justices, any two of whom shall constitute a quo
rum, and who shall hold term at the seat of gov
| eminent of said Territory annually, and they
shall hold their Offices during the period OF four
| years. The said Territory shall be divided into
three Judicial districts, and District Court shall be
held In each OF said districts by of the justices
of tie supreme court, at such time and place may
| be prescribed by law; and the said judges shall,
after their appointments respectively reside IN the
districts which shall be a5sig ned them The Juris
diction of the several courts herein provided for,
both appellate and original, and that OF the probate
courts and of justices of the peace shall be as linn
tied by law; Prorided, That justices of the peace
shall not have jurisdiction OF any matter in contro-
versy when the title or boundaries of land may be
in dispute, where the debt or sum claimed shall
exceed one hundred dollars; and the said supreme
| and district courts, respectively, shall possess
Chancery well as common law jurisdiction. Each
district court the judge thereof shall appoint its
clerk, who shall ALEC be the register in chancery.
and shall keep his Office at the place where the court
may be held. Wits of error bills of exception,
and appeals shall be allowed in all cases from the
final decisions Of said district courts to the supreme
court, under such regulations as may be prescribed
| by law, but in removed to the supreme
court shall trial by jury be allowed in said court.
The supreme court, the justices thereof shall APP
point its own clerk, and every clerk shall hold his
office at the pleasure Of the court for which he shall
have been appointed. Writs of error and appeals
from the final decisions of said supreme court shall
| be allowed, and may be taken to the Supreme Court
| OF the United States in the same manner and I'M
der the regulations as from the circuit courts
of the United States, where the value OF the pro-
perty the amount in controversy, to be ascer-
tanned by the oath affirmation of either party or
other competent witness, shall exceed one thousand
dollars; except only that IN all cases involving title
to slaves, the said writs OF error appeals shall be
allowed and decidedly the said supreme court with
out regard TO the value of the matter, property, or
title in controversy; and except, also, that writ of
error appeal shall also be allowed To the Supreme
Court Of the United States from the decision of the
said supreme court created by this act, or Of any
judge thereof, upon any writ OF habeas corpus in
voiving The question OF personal freedom; and each
Of the said district courts shall have and exercise
the jurisdiction IN all cases arising under the
Constitution and laws OF the United States as IS
vested in the circuit and district courts Of the Uni
ted States and the said supreme and district courts
Of tie said Territory and the respective Judges there
OF, shall and may grant wrlts OF habeas corpus IN all
cases in which the are grantablc by the Judges
Of the United States in the District of Columbia; and
the rst six days Of every term OF said courts or 80
much thereof shall be necessary, shall be appro
priatcd TO the trial of arising under the said
constitution and laws; and wrIts Of error and APP
peals in all such shall be made to the supreme
court Of said Territory, the in other cases.
The said clerk shall receive in all such cases the
fees which the clerks Of the district courts Of
Oregon Territory receive for similar services.
SECTION. j. iHd be it further elacisd That there
shall be- appointed Attorney for said Territory,
who shall continue in Office for four years, unless
sooner renovedby the President, and who shall re
ceive the same fccs and salary tic attorney Of the
nlted States for thu present Territory Of Oregon
There shall also be a Marshal for the Territory APP
pointed who shall hold his office for fur years,
lees sooner remoyedb by the President, and who shall
execute all processes Issuing from the said courts
when exercising thcir jurisdiction circuit and
district Of the United States; he shall perform
the dutcs, be subject to the same regulation and
penalties, and be entitled 10 the same fees the
marshal OF the district court Of the United States for
the present Territory Of Oregon, and shall, in adj
ditiou, be paid two hundred annually "a a cOmpcn-
satiuu for extra services.
SEcrtoS II. Ind be iifUtbsr enacted, That thegov-
eruor, secretary, chief justice, and associate Jus
tees, attorney and marshal, shall be nominated,
and, by and with the advice and consent Of the
Senate, appointed by the President Of the United
States. The governor and secretary TO De appoint
ed as aforesaid SHALL before they act such,
spccuvely, take an oath or affirmation, before the
district Judge, Justice Of the peace in the
limits OF SAID Territory, duly authorized 10 admin
ster Osths and affirmatiOns by the lave now in
force therein b. fore the chict Justice
sociatc justice Of the Supreme Court Of the United
states, 70 support the Constitution OF the United
States and faithfully discharge the duties Of their
respective offices; which said oaths, when taken,
shall be certified by the person by whom the same
shall have been taken, md such certificates shall
be received and recorded by the said secretary
/ among the executive proceedings; and tho chief
justice and associate justices, and all other civil
officers in fad Territory, before they act such,
shall take a like oath affirmation, before the said
governor or secretary, or some Judge or justice Of
the peace Of the Territory, who may be duly com.
mi.sioned and qualified which said oath afiirtna.
ton shall be certified and transmitted, by the per.
son taking the same, TO the secretary, 60 be by him
recorded Aforesaid and afterwards, the like
oath affirmation shall be taken, certified, and
| recorded, in such manner and form may be pre-
scribcd by law. The governor shall receive an an
nual salary Of fifteen hundred dollnrs az governor,
and one thousand dollars az superintendent Of In
dian affairs The chief justice and associate JUS
tees shall each receive an annual salary Of eighteen
hundred dollars. The secretary shall receive an
annual salary Of eighteen hundred dollars. The
said salaries shall he paid quarter yearly, At the
treasury Oi the United States The members Of the
legislative assembly shall be entitled TO receive
three dolars each per day during their attendance
at the sessions thereof and three dollars each for
every twenty miles travel in going 10 and return
ing from The said sessions, estimated according 20
the nearest usually travelled route. There shall
be appropriated annually the OF one thou
sand dollars 20 be expended by the governor, 20 de-
fray the contingent expenses Of the Territory;
there shall also be appropriated annually sufi-
Gent sum, 70 be expended by the Secretary VI the
Territory, and upon an estimate tO b. made by the