The southern press., 1850-10-02

tinue one year. An superintendent shall be
made, as nearly equal as practicable, among the
several counties or districts for tue election OF
the Council and House OF Representatives, glv-
ing to each section OF the Territory representa-
ton in the ratio OF its population, Indians eS-
cepted, as nearly as may be- And the members
OF the Council and of the House OF Rope senta-
tives shall reside in, and be inhabitants of, the
district for which they may be elected respective
ly. Previous to the first election, the Governor
shall cause census or enumeration OF the IN
habitants of the several counties and d. lets OF
the Territory TO be taken, and the hrst ection
shall be held at such time and places, ana be
conducted in such manner as the Govenoi shall
appoint and 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 counties or districts shall be entitled
under this act. The number of persons author
lied to be elected having the highest number OF
votes in each of sud Conncil districts for mem
bers of the Council shall be delared by the Gov
ernor to be duly elected to the Council; and the
person or persons authorized to be elected hlv-
ing the greatest number OF votes for the House
of Representatives,, equal to the number to which
each county or district shall be entitled shall be
declared by the Governor to he duly elected
members of the House Of Representatives Pro
pided, That in case of a tie between two or more
persons voted for, the Governor shall order a
new election to supply the vacancy made by
such tie And the persons thus elected to the
legislative assembly shall meet at such place and
on such day as the Governor shall appoint; but
thereafter the time, place. and manner OF holding
and conducting all elections by the people, and
the apportioning the representation in the several
counties or districts to the Council or 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: Provided That no one
session shall exceed the term of forty days.
SEC 5. And be Il further enacted, That every
free white male nhabitant above the age OF
twenty-one years, who shall have been resi-
dent of said Territory at the time Of the pas
sage of this act, shall be entitled to vote at the
first election, ard shall be eligible to any Office
within the said Territory but the qualification OF
voters and of holding office, and ola subsequent
elections, shall be prescribed by the Legislative
assembly Provided, That the right Of suffrage
and of holding office shall be exercised only by
citizens of the United States, including those
recognized as citizens by the trelty with the
Republic of Mexico, concluded February Sec
ond, eighteen hundred and forty-eight
Sec. 6. And be IL further enacted, That the
legislative power of the Territory shall extend
to all righttul subjects of legislation, consistent
with the 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 noirresidents be tax
ed higher than the lands or other property OF
residents All the laws passed by the legisla-
tive assembly and governor shall be submitted
to the Congress of the United States, and if
disapproved shall be null and of no effect.
SEC. 7. And be il further enacted, That all
township, district, and county officers, not here
ia otherwise provided for, shall be appointed or
elected as the case may be, in such manner as
shall be provided BY the governor and legisla-
tive assembly of the Territory OF New Mexico.
The governor shall nominate, and, by and with
the advice and consent of the Legislative coun-
Gil, appoint, all officers not herein otherwise pro-
vided lor and in the first instance the governor
alone may appoint all said officers, Who shall
hold their Offices until the end Of the first ses-
sion of the Legislative assembly, and shall lay
off ths necessary districts for members OF the
council and house OF representatives and all
other officers
SEC g. And be IL further enacted That no
member of the Legislative assembly shall hold,
or be appointed to, any office which shall have
been created or the salary or emoluments of
which shall have been increased while he was IA
member, during the term for which he was
elected and for one year after the expiration of
such term; and no person holding commission
or appointment under the United States except
postmasters, shall be member of the egsla-
tive assembly, or shall hold any office under the
government of said Territory.
SEC. g. And be ii 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 associate
justices, any two of whom shall constitute a
quorum, and who shall hold term at the seat
of government of said Territory annually and
they shall hold their offices during the period of
four years The said Territory shall be divided
into three judicial districts, and district court
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 re-
spectively, reside in the districts which shall be
assigned them. The jurisdiction of the several
courts herein provided for, both appellate and
original, and that of the probate courts and JUS
tees Of the peace, shall be rs limited by law:
PrOuided, That justices 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 sum shall exceed
one hundred dollars and the said supreme and
district courts, respectively, shall possess chan
cery, as well as common-law jurisdiction. Each
district court, or the Judge thereof, Shall appoint
its clerk, who shall also be the register in chan
cery, and shall keep his Office at the place where
the court may be held. Writs of error, bills of
exception, and appeals, shall be allowed in all
cases from the final decision of said district
courts to the supreme court, under such regu-
lations rs may be prescribed by law, but in no
case removed to the supreme court shall trial
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 appeal
from the final decisions of said supreme court
shall be allowed and may be taken 10 the Su-
prcme Court of the United States in the same