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Proviso.

ritory to the Uni. ted States.

quishes all claim

of her debts or

shall be binding and obligatory upon the United States, and upon the said State of Texas: Provided, The said agreement by the said General Assembly shall be given on or before the

first day of December, eighteen hundred and Gifty: Boundary of FIRST. The State of Texas will agree that her boundary on Texas defined,

the north shall commence at the point at which the meridian of one hundred degrees west from Greenwich is intersected by the parallel of thirty-six degrees thirty minutes north latitude, and shall run from said point due west to the meridian of one hundred and three degrees west from Greenwich; bence her boundary shall run due south to the thirty-second degree of north latitude; thence on the said parallel of thirty-two degrees of north latitude to the Rio Bravo del Norte, and thence with

the channel of said river to the Gulf of Mexico, Cession of ter- SECOND. The State of Texas cedes to the United States all

her claim to territory exterior to the limits and boundaries which she agrees to establish by the first article of this agree

ment. Texas... relin- Third. The State of Texas relinquishes all claim upon the upon the United United States for liability of the debts of Texas, and for comStates for liability

pensation or indemnity for the surrender to the United States indemnity, &c. of her ships, forts, arsenals, custom-houses, custom-house

revenue, arms and munitions of war, and public buildings with their sites, which became the property of the United States at

the time of the annexation. $10,000,000 in FOURTH. The United States, in consideration of said esper cent. interest tablishment of boundaries, cession of claim to territory, and

relinquishment of claims, will pay to the State of Texas the sum of ten millions of dollars in a stock bearing five per cent. interest, and redeemable at the end of fourteen years, the in

terest payable half-yearly at the Treasury of the United States. · Stock to be is. Fifth. Immediately after the President of the United States shall have ac. shall have been furnished with an authentic copy of the act of

nd the General Assembly of Texas accepting these propositions, President of u. he shall cause the stock to be issued in favor of the State of

Texas, as provided for in the fourth article of this agreement: Proviso. Provided, also, That no more than five millions of said stock

shall be issued until the creditors of the State holding bonds and other certificates of stock of Texas for which duties on imports were specially pledged, shall first file at the Treasury of the United States releases of all claim against the United States for or on account of said bonds or certificates in such form as shall be prescribed by the Secretary of the Treasury

and approved by the President of the United States. Provided, Further pro- That nothing herein contained shall be construed to impair or viso.

qualify any thing contained in the third article of the second section of the joint resolution for annexing Texas to the United States," approved March first, eighteen hundred and forty-five either as regards the number of States, that may

hereafter be formed out of the State of Texas, or otherwise. Boundary de- Sec. 2. And be it further enacted, That all that portion of porary govern. the Territory of the United States bounded as follows: Begin

stock bearing five

Texas.

sued when Texas

cepted these propositions, and

S. notified thereof.

fined, and tem

the name of the Territory of New

viso.

ning at a point in the Colorado river where the boundary line ment created by with the Republic of Mexico crosses the same; thence east- the wardly with the said boundary line to the Rio Grande; thence Mexico. following the main channel of said river to the parallel of the thirty-second degree of north latitude; thence east with said degree to its intersection with the one hundred and third degree of longitude west of Greenwich; thence north with said degree of longitude to the parallel of thirty-eighth degree of north latitude; thence west with said parallel to the summit of the Sierra Madre; thence south with the crest of said inountains to the thirty-seventh parallel of north latitude; thence west with said parallel, to its intersection with the boundary line of the State of California; thence with said boiindary line to the place of beginning—be, and the same is hereby, erected into a temporary government by the name of the Territory of New Mexico: Provided, That nothing in this act contained shall Proviso. be construed to inhibit the Government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State; And provided further, That Further pro-. . when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union, with or without slavery, as their constitution may prescribe at the time of their admission. Sec. 3. And be it further enacted, That the executive Executive pow.

er vested in a power and authority in and over said Territory of New Mex- Governor, &c. ico shall be vested in a Governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The Governor shall reside within said Territory, shall His duties de be commander-in-chief of the militia thereof, shall perform the fined. duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws passed by the Legislative Assembly before they shall take effect; he may grant pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said Territory, and shall take care that the laws be faithfully executed.

Sec. 4. And be it further enacted, That there shall be Secretary a Secretary of said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States; he shall record and preserve all his duties de the laws and proceedings of the Legislative Assembly herein- fined after constiluted, and all the acts and proceedings of the Governor in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings, on or before the first day of December in each gear, to the President of the United States, and, at the same time two copies of the Jaws to the Speaker of the House of Representatives and the

power: how vest. ed.

sentatives.

of representation

President of the Senate, for the use of Congress. And, in To act as Gov- case of the death, removal, resignation, or other necessary abcontingencies. sence of the Governor from the Territory, the secretary shall

have, and he is hereby authorized and required to execute and perform all the powers and duties of the Governor during such vacancy or necessary absence, or until another Governor

shall be duly appointed to fill such vacancy. Legislative Sec. 5. And be it further enacted, That the legislative

power and authority of said Territory shall be vested in the The Legisla- Governor and a Legislative Assembly; the Legislative Asto consist of "à sembly shall consist of a Council and House of RepresentaCouncil and lives. The Council shall consist of thirteen members, having House of Repre

the qualifications of voters as hereinafter prescribed, whose term of service shall continue iwo years. The House of Representatives shall consist of twenty-six members, possessing the

same qualifications as prescribed for members of the Council, Apportionment and whose term of service shall continue one year. An appor

tionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the Council and House of Representatives, giving to each section of the Territory, representation in the ratio of its population, (Indians excepted,) as 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 for which they may be elected be respectively. Previous to the first election, the Governor shall to cause a census or enumeration of the inhabitants of the several

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 manner as the Governor shall appoint and direct; and he shall at the same time, declare the number of inembers of the Council and House of Representatives to

which each of the counties or districts shall be entitled under Elections: how this act. The number of persons authorized to be elected

having the highest number of votes in each of said Council districts for members of the Council, shall be declared by the Governor to be duly elected to the Council; and the person or persons, authorized to be elected, having 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 be duly elected members of the House of Representatives; Provided, 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 ineet 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 and House of Representatives according to population, shall

be prescribed by law, as well as the day of the commencement Further pro- of the regular sessions of the Legislative Assembly: Provided,

That no one session shall exceed the term of forty days.

A census to be taken previous to the first election.

conducted.

Proviso.

viso.

Qualifications

Proviso.

Legislative power of the Ter.

district,
county

and officers

Sec. 6. And be it further enacted, That every free while Qualifications male inhabitant, above the age of twenty-one years, who shall or voters. 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 and of holding office, at all subsequent elections, shall be such as 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 recognised as citizens by the treaty with the Republic of Mexico, concluded February second, eighteen hundred and forty-eight.

Sec. 7. And be it further enacted, That the legislative power of the Territory, shall extend to all rightful subjects of ritory defined. 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 non-residents be taxed higher than the lands or other property of residents. All the laws passed by the Legislative Assembly and Governor, shall be submitted to the Congress of the United States and if disap-. proved shall be null and of no effect.

Sec. 8. And be it further enacted, That all township, dis- How township, trict, and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such man- are to be appointner 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, appoint, all officers. not herein otherwise provided for; and in the first instance the Governor alone may appoint all said officers, who sball 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 Representatives, and all other officers.

Sec. 9. And be it further enacted, That no member of the No member of Legislative Assembly shall hold or be appointed to, any office shall hold any which shall have been created, or the salary or emoluments of office during his which shall have been increased while he was a member, or for one year during the term for which he was elected, and for one year cers of the Govafter the expiration of such term; and no person holding a commission or appointment under the United States, except postmasters, not postınasters, shall be a member of the Legislative Assembly, or Assembly. shall hold any office under the government of said Territory.

Sec. 10 And be it further enacted, That the judicial power The Judicial of said Territory shall be vested in a Supreme Court, District vested, and how Couris, Probate Courts, and in Justices of the Peace. The to be exercised.. Supreme Court shall consist of a Chief Justice and two Asso. ciate Justices, any two of whon shall constitute a quorum, and who shall hold a 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

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District Courts. judicial districts, and a 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, respectively, reside in the Jurisdiction of districts which shall be assigned then. The jurisdiction of the courts and opius: several courts herein provided for, both appellate and original,

and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, 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 claimed shall exceed one hundred dollars: and the said supreme and district courts, respectively, shall possess chancery as well as common law jurisdiction. Each district court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, 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 decisions of said district courts to the supreme court, under such regulations as 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 Writs of error and appeals from the final decisions of said and appeals shall be allowed, &c. supreme Court

"supreme court ehall be allowed, and may be taken to the Su

preme Court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall 'exceed one thousand dollars; except only that in all cases involving title to slaves, the said writs of error or appeals shall be allowed and decided by the said supreme court without regard to the value of the matter, property, or title in controversy: and except also that a writ of error or appeal shall also be allowed to the Supreme Court of the United States from the decision of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus involving the question of personal freedom; and each of the said district courts shall have and exercise ihe 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 said supreme and district courts of the said Territory, and the respeclive judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws; and wriis of error and

appeals in all such cases shall be made to the suprenie court of Fees of Clerk. said Territory, the same as in other cases. The said clerk

shall receive in all such cases the same fees which the clerks of

Exceptions.

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