The Charlotte journal. [volume] (Charlotte, N.C.) 1835-1851, 1850-10-02

w such manDer as shall be provided bv IN
GovernmenI aud Legislative Assemble or,h
Territory Of New Mexico. The Go,etuo
shall nominate, and, by AID with the adyic
and consent of The Legislative Council. an
point all officers not herein otherwise prov
ded OF; aud in Tho first instance the Gov
ernor alone may appoint all said officers
VINO shall hold their offices until the end 4
the first session Of the Legislative Assembly
aud shall lay # The necessary districts 20
members oi the Council aud House of RENE
senia'lses, aud all other officers.
SECTION 8. And BE- il further euoc,eo
hat no member Of he Legislative Assem-
bly, shall hold or be ap; nlcd Ia any tN;e,
WHICH shall have been created, or the salaf,
or emoIumenis of which shall have been in
creased while he vas member, dnrne H.,
term tor which he vas elected, and for on,
year alter he expiration Of such term: ant
no person holding commission or appoint
ment under The Uailed Safes, eycepi nest
tn1siers, shall be member of the Leeisla
tive Assembly, or shall hold any tfTice unac,
The government of said Territory.
SECTION 10. And be it further enac,f9
That the judicial power Of said Terr,tor,
shall be vested in a Supreme Court, D.s,iic,
Courts, Probate Contis, aud il Justices o.
The Peace. The Supreme Coutt Shall con.
sist OF Chief Justice aud Two Associate
Justices, any two Of whom shall constitute a
qnotum, abd who shall hold term al The
seat OF government Of said Territory anu
ally, and they shall hold their flices duflno
the period Of four years. The said Terrific
~ shall be divided into three judicial districts
by one ot the justices Of the supreme cont
at such time and place as may be prescribed
By law; aud the said Judges shall, after their
appointments respectively, reside 10 he dis.
tficis which shall be assigned them. The
jurisdiction of the several courts herein pro.
sided for, both appellate and original, and
mat oil the probate courts and of justices Of
The peace, shall be as Iimlted by law Pro.
rided, Tbat Justices of the peace shall not
have jurisdiction of any matter Of con;rGycr.
sy when the title or boundaries oC land may
he IN dispute, or where The debt or sum
Claimed shall exceed one hundred dollars ::
hod TIE SAID supreme aud district court, re
speclsely, shall possess chanccty as we'll as
court, or the Judge thereof, shall appaint lis
clerk, Who shall also be the register 10 chan
cety, aud shall keep his office at the place
where tue court may be held. Wfus tf ar
for, bills Of exception and Appeals, shah Le
allowed in al, cases from the fiaal decisions
OF SAID district courts 10 the supreme courts
under such regulations may ne prescribed
by law, but IN no case removed to the 80.
preme court shall trial by jury be allowed ia
said court. The supreme court, or The JUS.
lice thereof, shall appoint It's own clerk, aud
every clerk shall hold his tili,e OF the plea.
sure of The court for which he shall have
been appointed, Wri's Of error and appeaIs
tiam tho final decisions Of said supreme court
shall be allowed and may be taken TO the
Supreme Court If the Unlted Statrs. in The
same manner and under the same regulations
as from the circuit courts Of the United
) ates, where the value Of the property or
The amount IN controversy, 10 be asceriaiued
by the oath or affirmation OF either party, or
other competent witness, shail exceed ore
thousand dollars; excep; only ths, ia all ca.
ses involving title to slaves, The said wits Of
error or appeals shall be allowed and deci.
ded by the said supreme court without REGARD
TO the value Of the matter, property, or title
N controversy and except, also, that a wit
II error OF appeal shall also be allowed TO the
Supreme Court of the United States from
the decision Of The supreme court created by
his act, or Of any Judge thereof upon any
"rl' ol habeas corpus involving The question
)f personal freedom and each Of the said
i.s'rlct courts shai have and exercise the
'ame jurisdiction in all cases arising under
he Constitution and laws Of the United States
IS Is vested IN the circuit and district courts
If the United States; and the said supreme
md district courts Of the said Territory and
he respective Judges thereof, shall and may
,fant ~rls Of habras corpus in all cases in
'hlch the same are granlahle by the Judges
II the United States in the District of Colum. 4
ia /; and The frs, six days of every term of
AID courts, or so much thereof as shall be
necessary, shall be appropriated 10 the trial
# causes arising under the said constitution
nd laws; and wrils of error aud appeals in
II such cases shall be made to the sunremc
our! of said Territory, the same as IN other
ases. The sald clerk shall receive in all
hch cases the same fees which the clerks
The district courts OF Oregon Territory
ow receive for similar services.
SECTION IL. And be it further enacted,
hal there shall be appointed an Attorney /
n said Territory, who shall continue in of.
CO for four years, unless removed hv the
resident, and who shall receive the same I
'es aud salary ss the attorney of the United I
'a'es for the presen, Territory of Oregon. !
here shall also be Marshal for Tie Tern. !
,ry appointed, who shall hold his office fer /
'ur years, unless sooner removed by the $
resident, and who shall execute all process. S
> issuing from the said courts when exerci. i
ng their jurisdiction as circuit and district n
QUITS Of the United States he shall perform @
lc dulies he suhieci a iha S,.,,.,