Mississippi palladium. [volume] (Holly Springs, Miss.) 1851-1852, 1851-05-02
me session shall exceed the term of forty

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every free white male inhabitant, above the
age Of twenty-one years, who shall have
been a resident of said Territory at the
time of the passage of this act, shall be en-
titled to vote at the first election, and shall
be eligible to any Office within the said Ter
ritory; but the qualifications OF voters and
Office, at all subsequent elections,
shall be such as shall be prescribed by the
Legislative assembly: Prociied, That the
right of suffrage and of holding Office shall
be exercised only by citizens OF the United
States, including those recognised as citi-.
zens by the treaty with the Republic of
Mexico. concluded February second, eigh
teen hundred and forty eight.
Sec. 6. And be 1t Jfurther enacted, That
the Legislative power of the Territory shall
extend to all nyhtful subjects of legislation,
consistent with the Constitution OF the T.
nited 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 proper
ty Of non-resideHts be taxed higher than
the lands or other property of residents
All the laws passed by the legislative as
sembiy and governor shall be submitted to
the Congress of the United States, and if
disapproved shall be null and of no effect.
Sec. Z. Aad be 1t Jurther enacted, That
all township, district, and county officers,
not herein otherwise provided for. shall be
appointed or elected, as the case may be, in
such manner as shall be provided by the
governor and legislative assembly of the
Territory of New Mexico. The governor
shall nominate, and, by and with the advice
and consent of the legislative council, ap-
point all officers not herein otherwise pro-
vided for; and in the first instance the gov
ernor 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 off the necessary districts for
members of the council and house of repre-
sentatives, and all other officers.
Sec. 8. And be 1t fartAer 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 e.
monuments of which shall have been in
creased, while he was member. during the
term for which he was elected, and for one
year after the expiration of such term; and
no person holding a commission or appoint
ment under the United States. except post
tive assembly, or shall hold any Office under
the government of said Territory.
| Sec. 9. And he 1t further enacted, That
the Judicial power of said Territory shall
be vested in supreme court, district courts
and probate courts, and in justices of the
peace. The supreme court shall consist o.
a chief justice and two associate justices
any two of whom shall constitute aquorum
and who shall hold a term at the seat OF
government of said Territory annually, and
they shall hold their Offices during the pc
riod of four years The said Territory shal
be divided into three judicial districts. and
district court shall be held in each of said
districts by one of the justices of the SUI
preme court. at such time and place as may
be prescribed by law; and the said Judge.
shall after their appointments, respectively
reside in the districts which shall be assign
ed them. The jurisdiction of the severa
courts herein provided for, both appellat.
and original, and that of the probate court
and of justices of the peace, shall be as lin
tied by law: Prooided, That justices of til,
peace shall not have jurisdiction of any
matter in controversy when the title G
boundaries of land may be in dispute, O.
where the debt or sum claimed shall exceed
one hundred dollars; and the said suprem,
and district courts, respectively, shall pos
sess chancery as well as common law juris
diction. Each district court, or the iudg
thereof, shall appoint its clerk, who shall al
SO be the register in chancery, and shall
keep his Office at the place where the cour
may be held. Writs of error, bills of ex
ception, and appeals, shall be allowed in al
cases from the final decisions of said distric
courts to the supreme court, under sucl
regulations as may be prescribed by law
but In no case removed to the supreme cour
shall trial by jury be allowed in said court
The supreme court, or the justices thereof
shallappoint its own clerk, and every clerl
shall hold his Office at the pleasure of th
court for which he shall have been appoint
ed. Writs of error and appeals from th
final decisions of said supreme court shal
be allowed, and may be taken to the su
: preme Court of the United States, in tn
tons as from the circuit courts of the Unite
States, where the value of the property o
the amountin IN controversy, to be ascertaine'
, by the oath or affirmation of either party
or other competent witness, shall eXcee
one thousand dollars; excep: only that i
all cases involving title to slaves, the sal
: writs of error or appeals shall be allowe
and decided by the said Supreme Cour
without regard to the value of the matter
, property, or title in controversy; and ex
: cept, also, that writ of error or appea
shall also be allowed to the Supreme Coui
, of the United States from the decision c
the said supreme court created by this aci
, or of any Judge thereof, or of the distric
: courts created by this act, or of any judg
, thereof, upon any writ of habes corpus in
volsing the question of personal freedom
and each of the said district courts shal
have and exercise the same jurisdiction i
/ all cases arising under the constitution an
laws of the United States as is vested in th
: circuit and district courts of the Uni.ei
States; and the said supreme and distrie
courts of the SAID Territory, and the respec
: tive judges thereof, shall and may gran
: writs of habes corpus in all eases in whicl
: the same are grantable by the judges of tn
) United States in the District of Columbia
and the first SIX days of every term of sal
courts, or so much thereof as shall be neces
sary, shall be appropriated to the trial Q
J causes arising under the said constitution
} and laws; and writs of error and appeals i