Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-09-14

proved shall be null and Of no effect ,fTTE -
Sec 8. and be further enacted That all township dis
tct and county officers not herein otherwise provided for
shall be appointed elected, the may be- in such
shall be provided by the governor and Legislative
assembly of the Territory of New Mexico. The governor
aha nominate and by and with the advice and consent of
the legislative council appoint all officers 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 of the necessary districts for members of the council and
house of representatives, and oil other officers
Sec 8. And be 1t further enacted, That member of the
Legislative assembly shall hold be appointed any Office
which shall have been created the salary emoluments
which shall have been increased while he member,
during the term for which be elected for year
ter the expiration of such and person holding
mission or appointment under the United States except
masters shall be member of the Legislative assembly,
snail hold any office under the government of said Territory
sec. ~. And De further enacted That the judicial
power Of said Territory shall be vested in supreme court
district courts probate courts and in Justices Of the peace
The supreme court shall consist of chief Justice and two as
soclae Justices any two Of whom shall constitute quorum,
and who shall hold term at the of of said
Territory annually and they shall hold their Offices during the
period Of four years The said Territory shall be divided in
to three Judicial Districts and district court shall be held in
each Of said districts by Of the Justices of the 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 assigned them The m
sdcton of the several courts herein provided for both APP
peate and original and that of the probate courts and s
tees of the peace, shall be limited BY law Provided That
Justices of the peace shall not have jurisdiction any matter
in controversy when the title boundaries Of land may be in
dispute, where the debt claimed shall exceed one
hundred dolar and the said supreme and district courts
respectively. shall possess chancey well common law
jurisdiction Each district court the judge thereof shall
appoint its clerk who shall also be the register in chancey
and shall keep his office at the place where the may be
held Wrts OF error, bills Of exception, and appeals shall
be allowed in all from the final decisions Of said district
courts to the supreme court under such regulations as may
be prescribed by law but removed the supreme
court shall trial by jury be allowed in said The SUI
court the justices thereof shall appoint its own
clerk apd every clerk shall hold his Office the pleasure Of
the court for which he shall have been appointed Ws Of
error and appeals from the final decisions Of said supreme
court shall be allowed, and may be taken to the supreme
Court the United States the manner and under the
regulations from the circuit courts of the United
States where tho value Of the property the in
Hovery to be ascertaned by the oath affirmation Of either
party other competent Witness shall exceed thousand
dollars except only that in all involving title slaves
the said wr Of appeals shall be allowed and decided
by the said Supreme Court without regard the value the
NATTER property, title in controversy; and except aso
that writ of appeal shall also be allowed the Su
peme Court Of the United States from the decision of the
said supreme court created this act Of any Judge there
Of OF the district created by this act any Judge
thereof upon writ habeas corpus involving
Of personal freedom and each of the said district shall
have and exercise the same jurisdiction in all arising
der the constitution and laws Of the United States vested
in the circuit and district courts Of the United States and the
said supreme and district courts of the said Territory and the
respective judges thereof shall and may grant w Of habeas
corpus in all in which the granable by the
judges Of the United States in the District Of Columbia and
the first six days of every term Of said courts, much
thereof as shall be Necessary, shall be appropriated the trial
Of arising under the said constitution and laws and
ws Of error and appeals 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 the
same fees which the clerks Of the district Of Oregon
Territory now receive for similar services.
Sec. IL. And be 1t further enacted That there shall be
appointed an attorney for said Territory, who shall continue
Office for four years. unless removed by the Pes
dent and who shall receive the fees and salary the
attorney of the United States for the present Territory of Ore
gon There shall also be marshal for the Territory appoint
ed who shall hold his office for four years. unless
moved by the President and who shall execute all processes
issuing from the said courts when exercising their jurisdiction
circuit and district courts Of the United States he shall
perform the Duties be subject to the regulation and penal
ties and be entitled to the fees the marshal of the dis
rct court OF the United States for the present Territory of
Oregon and shall, in addition, be paid two hundred dollars
annually as compensation for extra services.
Sec. H. and be further enacted That the governor
secretary chief justice and associate Justices attorney and
marshall 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 be appointed
as aforesaid SHALL before they act such, respectively take
oath affirmation, before the district Judge or some JUS
tce Of the peace in the limits Of said Territory duly author
lied to administer oahs and amaons by the laws now in
force therein, before the chief Justice or some associate
justice Of the Supreme Court Of the United States support
the Constitution Of the United States, and faithfully dis
charge the duties Of their respective Offices which said
oahs, when so taken, shall be certified by the person by
whom the shall have been taken, and such certificates
shall be received and recorded by the said secretary among
the executive proceedings and the justice and associate
Justices and all other civil officers in said Territory, before
they act SUCH shall take like oath or affirmation before
the said governor secretary, Judge justice of
the peace Of the Territory, who may be duly commissioned
and qualified, which said oath affirmation shall be cert
ned and transmitted by the person taking the same the
secretary to be by him recorded aforesaid and afterwards
the like oath or affirmation shall be taken, certified and
corded in such manner and form may be prescribed by
law The governor shall receive annual salary Of fifteen
hundred dollars governor, and thousand dollars
superintendent of Indian affairs The chief justice and
cate Justices shall each receive annual salary Of eighteen
hundred dollars The secretary shall receive annual sal
Of eighteen hundred dollars The said salaries shall be
paid quarteryeay, at the treasury Of the United States
The members Of the legislative assembly shall be entitled
receive three dollars each per day during their attendance
the sessions thereof and three dollars each for every twenty
miles travel in going to and returning from the said sessions
estimated according to the usually travelled route
There shall be appropriated annually the of thousand
dollars to be expended by the governor, defay the
nsent expenses of the Territory there shall also be appro
priated annually sufficient to be expended by the
secretary of the Territory and upon estimate be made
by the Secretary of the Treasury Of the United States de-
the laws and other incidental expenses and the secretary
o. the Territory shall annually the Secretary Of the
Treasury the United States for the which the
aforesaid sum shall have been expended.
Sec 10. And be further enacted That the legislative
assembly Of the Territory Of New Mexico shall hold its first
session at such time and place in said Territory the gov
enor thereof shall appoint and directs and at said first
son or as soon thereafter they shall deem expeden the
governor and legislative assembly shall proceed to locate and