Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1850-09-19

direct; and he shall At the same time declare the
number of members Of the Council and House
OF Representatives to which each Of the coun-
ties or districts ahsl ba entitled under this act
The number Of persons authorized to be elected
having the highest number of votes in each Of
said council districts for members of the Coun-
Gil shall be declared by the Governor to be duly
elected 10 the Council; and the person or per-
sons authorized to be elected having the great
est number Of votes for the House Of Represen-
tatives, equal to the number to which each coun-
ty or district shall be entite d, shall be declared
by the Governor to be duly elected members of
the House of Representatives; Provided, That
in case Of q tie between two or more persons
voted for, the Governor shall order a new elec-
ton TO supply the vacancy made by sucl. tie
And the persons thus elected 10 the Legislative
Assembly shall meet at such place and on such
day as the Governor shall appoint; but thereaf
ter the time, place and manner of holding and
conducting all cleo ions by the people, and the
apporlioning the representation in the several
counties or districts to the Council and House Of
Representatives, according TO population, shall
be prescribed by law, as well as the day of the
commencement of the regular sessions of the
Legislative Assembly; Prorided, That no one
session shall exceed the term of forty days.
| SEC. 6. find BE- II further enacted That every
free white male inhabiiaut, above the age Of
twenty -one years, who shall have been resid-
ent Of said Territory at the time Of the passage
of this act, shall be entitled to vote at the first
election, and shall be i.ibe to any Office with
in the said Territory but the qualifications of
voters and of holding Office, at all subsequent
eleciiol,s, shall be such as shall be prescribed
by the Legislative Assembly; Prorided, Tlla,
the right oil suffrage and of holding Office shall
be exercised only by citizens Of the United
States, including those recognised as citizens by
the treaty with The republic Of Mexico, conclud-
ed February second, eighteen hundred AID forty
eight.
| SEC. 2. And be Il further enneied. That the
legislative power OF the Territory shall extend
to all righlfu subjects Of Legislation, consist
ent with he Constitution Of the United States
and the provisions of this act but no law shall
be passed interfering with the primary disposal
Of the soil; no tax shall be imposed upon the
property OF the United States; nor shall the
lands or other property of non-reslden:s be tax
ed higher than the lands or other property Of re-
si1enls. All the laws passed by the Legislative
Assembly and Governor shall be submit d to
The Congress of the United States, and if dis
approved shall be null and of no effect.
SEC. 8. lind be ii further enacied, That all
township, district, aud county officers, not mere
in otherwise provided for, shall be appointed or
elected, as the CT Sc may be, in such manner as
shall be provided by the Governor and LAgisla-
tive Assembly of the Territory OF New Mexico
The Governor shall nominate, and, by and With
the advice and consent Of the Legislative Coun.
ell appoint all officers not hcreia otherwise PRIV
ided tor; aud IN the ir-t instance the Governor
alone nay appoint all said officers, who shall
hold their Offices until the end OF the first
sion Of the Legislative Assembly, and shalt lay
off The necessary districts for members Of the
Co neil and House Of Representative, and ali
otner ,fiicers.
SEC. .. lind be il further enasted, That no
member of the Legislative Assembly sh Ill hold
or be appointed to any office which shall have
been crested, or the salary or enlo1ments oi
which shall have been Increased while he was a
neu,ber, during the term of which he was elect
ed, aud for one year after the expiration Of such
term; and no person holding a commission or
appointment under the United States, except
postrnasters, shall be a member of The Legsla-
tive Assembly, or shall hold any office under the
government OF said Territory.
SEC. 10. find be IL further enacted, That the
judicial power Of said Territory shall be vested
IN Supreme Court, District Courts, Probate
Courts, and III JUST ices Of the Peace. The Su-
preme Court shall consist of a Chief Justice
and two Associate Justices, any two of whom
shall constitute quorum and who shall hold a
term at The seat Of govern nent OF said Terrific
ry annually, and they shall hold their offices dur
Ing the period of four years. The said Terrific
~ shall be divided into three judicial districts
ard District Court shall be held in each OF said
districts by one OF the justices of the supreme
cour, at such time and place as may be prescrb
ed by law; and The said jud res shall, after their
appointments respectively, reside in the districts
which shall be assigned them The jurisdiction
Of the several courts herein provided for, both
appellate aud original, and that of the probate
courts and OF JUSTICES of the peace, shall be as
limi.ed by law: Provided, That jus ices of the
peace shall not have jurisdiction Of any matter
IN controversy when the title or boundaries of
land may be IN dispute, or where the debt or
SUN Gained shall exceed one hundred dollars :;
and said supreme and district Courts, respective
ly, shall possess chinceiy as well as common
law jurisdiction. Each district court, or the
Judge thereof, shall appoint lis clerk, who shall
al>o be the register in chancery, and shall keep
his Office at the place where The court may be
held. Wn's Of error, bills of exception, and ap
peals, shall be allowed IN all Gases from the final
decisions o. said district courts 10 the supreme
cout, under such regulations as NAV be prescrib-
ed by law, but IN no case removed to the supre-
me court shall trial by jury be allowed in said
Court. The supreme Court, or the justices there
Of shall appoint lis own clerk, and every clerk
shall hold his Office at the pleasure of the court
for which lie 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 under the
same regulations as from the circuit courts of
the United States, where The value of the pro-
perty or the amount in controversy, to be ascer-
tanned by the oath or affirmation of either p,rty
or other competent witness, shall exceed one
thousand dollars; except only that in all cases
involving title TO slaves the said wris Of error
or appeals shall be allowed and decided by the
said supreme court without regard 10 the value
Of the matter, properly, or title in controversy !;
and except, also, that u writ of error OF appeal
shall also be allowed 10 the Supreme Court Of
the United States f.om the decision of the said
supreme Court created by this act or of any
judge thereof, upon any writ of habeas corpus
involving the question Of personal freedom and
each of the sad district courts shall have and
exercise the same jurisdiction in all cases aris-
ing under the Constitution and laws of the Uni
ted States as is vested in the circuit and district
courts of the United States and the said Sd
preue and district courts OF said Territory, and
Al ,u<iU fiioro,f sfoIl I'D