Washington telegraph., 1850-10-09

two wears. The House of Representatives shall
consist Of twenty-six members, possessing the
same qualifications prescribed for members OF
the Council, and whose term of service shall con-
time one year. An apporionrnent shall be made,
as nearly equal as practicable, among the several
counties or districts for the election of the C0un-
Gil and House of Representatives, giving TO each
SECTION Of the Territory representation in the RAJ
ito Of It's population, Indians excepted, rs nearly
as may be. And the members Of the Council
and of the House of Representatives shall reside
in, and be inhabitants of, the district fer which
they may be elected respectively. Previous to
the first election, the Governor shall cause CEN
sus or enumeration of the inhabitants OF the sew
eral counties and districts of the Territory TO be
taken, and the first election shall be held at such
time and places, and be conducted in such man
ner as the Governor shall appoint aud direct and
he shall at the same time declare the number OF
members of the Council and House Of Represen-
tatives TO which each OF the counties or districts
shall be entitled under this ac:. The number Of
persons authorized to be elected having the high
est number of votes in each of SAID council dis
tricts for members of the Council shall. be de-
cared by the Governor to be duly elected to the
Council; aud the person or persons authorized TO
be elect having the greatest number oil votes
for the House of Representatives, equal 20 the
number to which each county district shall be
entitled shall be declared by the Governor TO be
duly elected member of the House of Represe :
tatives; Pr0Uided, That in case of tie between
two or more persons voted for, the Governor shall
order election TO supply the vacancy made
by such tie. And the parsons thus elected 10
the Legislative Assembly shall meet at such
place aud en- such day as the Governor shall ap-
point; but thereafter the time, place and manner
of holding and conducting all elections by the peo-
people, and the apporcning the representation in
the several counties or districts TO the Council
and House of Representatives, according to pOpu
atiou, shall be prescribed by law, well the
day of the commencement of the regular sessions
Of the Legislative Assembly: Provided, That no
session shall exceed the term Of forty days.
SEC 6. And be it further enacted, Tat every
free white male inhabtant, above tile age of TWEEN
ty-one years. who shall have been a resident of
said Territory at the time Of the passage of this
act, shall be entitled TO vote at the first election,
and shall be eligible to any office within the said
Territory but the qualifications Of voters aud Of
holding office, at all subsequent elections, shall
be such shall be prescribed by the Legislative
Assembly: Pr0uided, That the right of suffrage
and of holding Office shall be exercised only by
citizens OF the United States INCLUDING those re
cognised as citizens by the treaty with the repnb-
lie of Mexico, concluded February second eigh-
teen hundred and forty eight
SEC 7. and be IL further enacted, That the
Legislative power of the Territory shall extend TO
all rghtfnl subjects of legislation, consistent with
the Constitution of the Uaited States aud the pro-
visions Of this act; but no law shall be PASSED IN
teriering with the primary disposal Of the soil; no
tax shall be imposed upon the property OF the Uui-
ted States. nor shall the lands or other property
of non residents be taxed higher than the lands
other property OF residents. All the laws pass
ed by the Legislative Assembly and Governor
shall be submitted to the Congress of the United
States, and if disspproved shall be null and Of
effect.
Sec. &. And be il further enacted, That all
township, district, and county officers, not herein
otherwise provided Tor, shall be appointed or elect
ted as the case may be-, in such manner as shall
BE- provided by the Governor and Legislative AS
sembv of the Territory of New Mexico. The
Governor shall nominate, and, by and with the
advice and consent fthe Legislative Council. ap
point all officers not herein otherwise provided or
and in he first instance the Governor alone may
appoint al! said officers who shall held 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-
sentatives, aud all other officers
SEC. g. And be az further enacted, That no
member of the Legislative Assembly shall hold
or be appointed TO any Office which shall have
been created, the salary or emoluments of
which shall have been increased while be a
member, during the term for which he was elect
ed, and foi year after the expiration of such
teTUs tNC no prrscu boiulng q COMMISSION OF dll-
pointment under the United States, except post
masters, shall be member of the Legislative AS
sembly. or shall hold any office under the govern
ment of the Territory.
SEC. 10. And be IL further enacted, That the
judicial power of said Territory shall be vested in
a Supreme Court, District Courts, Probate Courts,
and in Justices fthe Peace. The Supreme Court
shall consist OF a Chief Justice aud two Associate
Justices. any two of whom shall constitute qlo-
rum and who shall hold term at the seat Of gov
ernment of said Territory annually, and they
shall hold their offices during period of four
years. That said Territory shall be divided into
three judicial districts aud Distiict C0drt shall be
held IN each of said districts by one of the Justices
of the supreme court, at such time and place as
may be prescribed by law; and the said judges
shall. after their appointments respectively, reside
in the districts which shall be assigned them The
jurisdiction of the several courts herein provided
for, beth appellate aud original, and that of the
probate courts and of justices of The peace shall
he as limited by law: Prouided, That justices OF
the peace shall not have jurisdiction of any matter
in controversy when the title or boundaries o land
may be in dispute, or where ;he debt or sum Claim
ed shall exceed one hundred dollars; and the said
supreme and district courts, respectively, shall
possess chancery well as common law jurisdic-
ton. Each district court or the Judge thereof,
shall appoint its clerk, who shall also be the re-
gister in ehaneery, and shall keep his office al
the place where the court may be held. Writs OF
error, bills of execution, 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 lao
case removed from the supreme court shall tra
| by jury be allowed in said court. The supreme
court, or the justices thereof, shall appoint 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 ofsaid supreme court shall be allow
ed, and may be taken to the Snpreme Court o
| the United States, in the same manner and under
the same regulations from the circuit courts o
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