The southern press. [volume] (Washington [D.C.]) 1850-1852, 1850-07-19

SIC. s. The General Assembly shall divide
the territory into a convenient number OF coun
ties, and shall apportion the members Of the house
of Representatives among the same, according "a
the free male population, but the whole numbeI
of it's members shall never exceed twenty-one,
until otherwise directed by the Legislative assem-
bly,. ~ IA .k ~
SEC. z. Until the legislative power otherwise
direct, the territory Of New Mexico shall retain
the division Of counties and districts established
by the decree Of the department of New Mexico,
Of June IL, ls49 and they shall be represented
as follows: In the house of representatives, the
county of Santa Fe shall have three members the
county of Rio Arriba, three I; the county Of Val.
encia, FIVE; the county of Taos, three the county
Of Santa Ana, two the county Of Bernalillo,
two. ~ sFtr
In the legislative council, the central district
shall have three members the northern district,
two members; which apportionment shall con-
tinue until otherwise directed by law.
SEC. 8. All free male citizens of said territory,
who shall be residents thereof at the time of the
passage of this act, shall be entitled to vote, and
shall be eligible TO any Office at the first election,
but the qualification Of voters and OF holding of
fee, SHALL at all subsequent elections, be prescri-
bed by the Legislative power
Prorided, That the right Of suffrage and of hold
ing Office shall be exercised only by the citizens of
the United States, and all those free white male
inhabitants residing within the limits Of New
Mexico, not already citizens of the United States,
but who, on the I'd day Of February, l648, were
residents within the territory of New Mexico |;
and such persons taking an oath or affirmation
before the superior circuit courts Of the terri
tory, before the circuit district court ofhe Uni
ted States, to renounce and abjure allegiance to
every foreign prince, potentate, State or sove-
reignty, whatever. a -
SEC. .. The Legislative power Of the territory
shall extend to all rghful subjects Of legislation,
| consistent with the Constitution of the United
States. No tax shall be imposed upon the proper
ty of the United States, nor shall the lands or
other property of non-residents be taxed higher
than the lands or other property Of residents.
SEC 10. 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
SEC. IL. The governor Of the territory shall
order the first election for members Of the legis-
latve assembly, and it shall be held at such times
and places, and be conducted in such manner, as
he shall direct
SEC. IL. Any bill may originate in either house,
and may be altered, amended, or rejected, by the
other house; and shall be read on three different
days In each house; and having passed both
houses, shall be signed by the speaker of the
house of representatives and the president of the
legislative council, and presented TO the governor
for his approval. II he approve the same he
shall sign it, II he disapprove the same, he
shall return it, with his objections, the house in
which it originated, within six days.
SEC. Is. That house shall cause objections to
be entered at large upon its Journal and shall
! consider the BILL II, after bill shall have been
returned, and reconsidered by both houses it shall
again pass by vote of two-thirds Of each house,
it shall become law without the approval fthe
governor.
If any bill shall not be returnedby the governor
within six days after il shall have been presented
to him, the same shall be law in like manner as
if he had signed it; unless the Legislative assembly,
by adjournment, prevent it,
SEC. IA. Each house Of the legislative assembly
shall Judge Of the elective qualifications Of its
members, and make its own rules Of proceedings.
SEC. Is. No person who is, or hereafter may
be, a collector or holder of public money, or as
sstant or deputy thereof, shall be eligible to any
Office Of profit or trust, until he shall have ac-
counted for, and paid over all moneys for which
he may be accountable as such collector or holder
and no person who shall have directly or indi-
rectly given. any bride to procure his cleo.
ton or appointment to any Office, or who shall
have been convicted Of perjury or other in
famous crime, shall be eligible to any Office OF
honor, profit, or trust within this territory, or
shall be allowed the right Of suffrage.
ARTICLE III.-JupIcIAL POWER
| SEC. 1. We recommend that the judicial power
of said territory Of New Mexico shall be vested
| in a supreme court, circuit courts, and such
other inferior tribunals as shall be established by
| law. 81 sI, ia
SEC. 2. The supreme court shall consist o.
| four judges, one to be supreme or appellate
Judge and the other three to be district Judges, foi
the hearing and adjudication Of law cases, and as
sociates Of the supreme Judge in all cases of APP
peal; and the Judge who tried the case shall not
be allowed to sit in the appellate court, and who
shall hold two terms Of said court in each year
at the seat Of government of said territory; and
they shall hold their Offices during the period of
| FIVE years. rir Il
One of the judges shall be assigned to each Of
| the districts into which the territory of New
Mexico is now divided; and within said districts
shall hold circuit courts at such times and places
as shall be designated by law; and they shall re.
spectvely reside in the districts which shall be as
signed them.
| SEC. 8. The jurisdiction of the supreme and
circuit courts and ofthe inferior tribunals Of JUS
tice, shall be limited by law, but the said supreme
and circuit courts shall possess chancery as wei
as common jurisdiction.
The supreme and circuit courts shall appoint
their own clerks; and every clerk shall hold his
Office at the pleasure Of the by which he shall
have been appointed.
Writs of error, bills Of exception, and appeals,
shall be allowed in all cases from the final deci-
sons of said circuit courts to the supreme court,
under such regulations as may be prescribed by
laws, but in no case removed to the supreme
court shall trial by jury be allowed in said court.
SEC. 4. Writs Of error and appeals from the
final decisions Of said supreme court shall be al
lowed, 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, when the value of the pro-
perty, or the amount of the controversy, to be
ascertained by the oath or affirmation Of either
party, or other competent witnesses, shall exceed
the sum Of one thousand dollars. a.
SEC S. And each Of said circuit courts shall
have and exercise the same 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 United States; and the first
six days Of every term Of said courts, or so much
thereof as shall be necessary, shall be appropri-
ated to the trial Of arising under said Con-
stitution and laws, and writs Of error and appeal
in all such cases shall be made TO the supreme
court Of said territory the same in other cases.
The clerks Of the supreme and circuit courts
shall receive such fees and compensation as shall
be prescribed by law.
CD MISCELLANEOUS. rt8tS
SECTION l. We recommend that there shall be
appointed United States district attorney, who
ohaII hold hia four ,,nIovo yoor