SEC. 6. And be it further enacted, That 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 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. Qualifications of voters. Proviso. Legislative power of the Ter 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. ed. How township, and officers SEC. 8. And be it further enacted, That all township, district, and county officers, not herein otherwise provided for, distric 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 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 Representatives, and all other officers. No member of the Legislature any shall hold term of election, cers of the Gov ernment of the U. S., except postmasters, not Assembly. to be members of SEC. 9. And be it 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 a 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 appointment under the United States, except postmasters, shall be a member of the Legislative Assembly, or 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 Courts, Probate Courts, and in Justices of the Peace. The to be exercised. Supreme Court shall consist of a Chief Justice and two Associate Justices, any two of whom 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 power, in whom Jurisdiction of courts and of jus tices of the peace, &c. Proyiso. Clerk. and appeals shall be allowed, &c. 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 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 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 supreme court shall be allowed, and may be taken to the Supreme 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 the 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 respective 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 writs of error and appeals in all such cases shall be made to the supreme 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. the district courts of Oregon Territory now receive for similar services. Attorney and Marshal. Their.. SEC. 11. And be it further enacted, That there shall be appointed an Attorney for said Territory, who shall continue in fees and duties. office for four years, unless sooner removed by the President, and who shall receive the same fees and salary as the Attorney of the United States for the present Territory of Oregon. There shall also be a Marshal for the Territory appointed, who shall hold his office for four years, unless sooner removed by the President, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as circuit and district courts of the United States: he shall perform the duties, be subject to the same regulation and penalties, and be entitled to the same fees as the marshal of the district court of the United States for the present Territory of Oregon, and shall, in addition, be paid two hundred annually as a compensation for extra services. torney and mar appointed. SEC. 12. And be it further enacted, That the governor, The Governor, secretary, chief secretary, chief justice and associate justices, attorney and mar- justice, and aseoshal, shall be nominated, and, by and with the advice and ciate justices, atconsent of the Senate, appointed by the President of the United shal,-how to be States. The governor and secretary to be appointed as aforesaid shall, before they act as such, respectively take an oath or affirmation, before the district judge, or some justice of the peace in the limits of said Territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the chief justice or some associate justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices; which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken, and such certificates shall be received and recorded by the said secretary among the executive proceedings; and the chief justice and associate justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation, before the said governor or secretary, or some judge or justice of the peace of the Territory, who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted, by the person taking the same, to the secretary, to be by him recorded as aforesaid; and afterwards, the like oath or affirmation, shall be taken, certified, and. recorded, in such manner and form as may be prescribed by law. The governor shall receive an annual salary of fifteen hundred dollars as governor, and one thousand dollars as superintendent of Indian affairs. The chief justice and associate justices shall each receive an annual salary of eighteen hundred justice and assodollars. The secretary shall receive an annual salary of eighteen hundred dollars. The said salary shall be paid quarter-yearly, at the Treasury of the United States. The members of the Legislative Assembly shall be entitled to receive three dollars each per day during their attendance at the sessions there- sembly. of, and three dollars each for every twenty miles' travel in Salary of Gov ernor. Salaries of chief ciate justices. Secretary's sa lary. Compensation of members of the Legislative As penses provided fori going to and returning from the said sessions, estimated according to the nearest usually travelled route. There shall be Contingent ex- appropriated annually the sum of one thousand dollars, to be expended by the governor, to defray the contingent, expenses of the Territory; there shall also be appropriated annually a sufficient sum to be expended by the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the Legislative Assembly, the printing of the laws, and other incidental expenses; and the Secretary of the Territory shall annually account to the Secretary of the Treasury of the United States for the manner in which the aforesaid sum shall have been expended. Legislative Assembly to hold its nor. SEC. 13. And be it further enacted, That the Legislative sessions as direc- Assembly of the Territory of New Mexico shall hold its first ted by the Gover- session at such time and place in said Territory as the Governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expédient, the Governor and Legislative Assembly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said Governor and Legislative Assembly. A Delegate to be elected to Con SEC. 14. And be it further enacted, That a delegate to the gress of the U. 3 House of Representatives of the United States, to serve during each Congress of the United States, may be elected by the voters qualified to elect members of the Legislative Assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other Territories of the United States to the said House of Representatives. 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 at all subsequent elections, the times, places, and manner of holding the elections, shall be prescribed by law. The person having the greatest number of votes shall be declared by the Governor to be duly elected, and a certificate thereof shall be given accordingly: Provided, That such delegate shall receive no higher sum for mileage than is allowed by law to the delegate from Oregon. Proviso. Lands to be surveyed; bowy to be disposed of. Judicial dis fined. SEC. 15. And be it further enacted, That when the lands in said Territory shall be surveyed under the direction of the Government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same. SEC. 16. And be it further enacted, That temporarily, tricts-how de- and until otherwise provided by law, the Governor of said Territory may define the judicial districts of said Territory, and assign the judges who may be appointed for said Territory to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts by proclamation to be issued by him; but the Legislative Assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient. SEC. 17. And be it further enacted, That the Constitution, and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of New Mexico as elsewhere within the United States. Provisions of boundary is ad SEC. 18. And be it further enacted, That the provisions of this act be, and they are hereby suspended until the boundary pended until the between the United States and the State of Texas shall be adjusted. justed, and when such adjustment shall have been effected, the President of the United States shall issue his proclamation, declaring this act to be in full force and operation, and shall proceed to appoint the officers herein provided to be appointed in and for said Territory. SEC. 19. And be it further enacted, 'That no citizen of the United States shall be deprived of his life, liberty, or property, in said Territory, except by the judgment of his peers and the laws of the land... Approved September 9, 1850. Citizens' rights protected. 9 CHAP. 50. AN ACT for the admission of the State of California into the Union. Whereas the people of California have presented a constitu- Preamble. tion and asked admission into the Union, which constitution, was submitted to Congress by the President of the United States, by message dated February thirteenth, eighteen hundred and fifty, and which, on due examination, is found to be republican in its form of government: California declared to be one States. 1 [SEC. 1.] Be it enacted by the Senate and House of Representatives of the United States of America in Congress of the United assembled, That the State of California shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original States in all respects whatever. SEC. 2. And be it further enacted, That until the representatives in Congress shall be apportioned according to an actual enumeration of the inhabitants of the United States, the State of California shall be entitled to two representatives in Congress. Entitled to two representatives until an enumeration is made. Admitted into the Union upon certain express SEC. 3. And be it further enacted, That the said State of California is admitted into the Union upon the express condition that the people of said State, through their legislature or conditions. otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no |