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the district courts of Oregon Territory now receive for simi-
lar services.

Sec. 11. And be it fur!her enacted, That there shall be Auorney and
appointed an Attorney for said Territory, who shall continue in fees and daties.
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 addi. .
tion, be paid iwo hundred annually as a compensation for extra
services.

Sec. 12. And be it further enacted, That the governor, The Governor, secretary, chief justice and associate justices, attorney and mar- justice, and aseoshal, shall be nominated, and, by and with the advice and ci consent of the Senate, appointed by the President of the United shal,-how to be. States. The governor and secretary to be appointed as afore. said shall, before they act as such, respectively take ap 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 Supremne 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 beeri 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 hy biin 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. T'he governor shall receive an annual salary of fisteen Salary of Govhundred dollars as governor, and one thousand dollars as super- ert intendent of Indian affairs. The chief justice and associate Salaries of chief justices shall each receive an annual salary of eighteen hundred justice and assodollars. The secretary shall receive an annual salary of Secretary's saeighteen hundred dollars. The said salary shall be paid quarter-yearly, ai the Treasury of the United States. The members Compensation of the Legislative Assembly shall be entitled to receive three dollars each per day during their altendance at the sessions there- sembly. of, and three. dollars each for every (weniy miles' travel in

secretary,

chief

ciate justices, attorney and mar

appointed.

lary.

of members of the Legislative As.

for.se

.

sembly to hold its

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be elected to Con

going to and returning from the said sessions, estimated accord

ing to the nearest usually travelled route. There shall be Contingent ex: appropriated annually the sum of one thousand dollars, to be penses provided

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 inci. dental 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 As. 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 expedient, 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 io be changed by the said Governor and Legislative As-,

sembly.' A Delegate 10 Sec. 14. And be it further enacted, That a delegate to the gress of the U. 9 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 mapner, as the Governor shall appoint and direct; and at all subsequent elections, the times, places, and manner of biolding the elections, shall be prescribed by law. The person having ihe 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 suin for mileage than is allowed

by law to the delegate froin Oregon," Lands to be "Sec. 15. And be it further enacted, That when the lands ed or "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 is erected out of the same... Judicial dis- Sec. 16. And be it further enacted, That temporarily, tricts – how de and until otherwise provided by law, the Governor of said Terfined.

ritory 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 ihe times and places for

Proviso.

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tion and all laws

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, The Constituand all laws of the United States which are not locally inappli- of the u. s excable, shall have the same force and effect within the said teaded over New Territory of New Mexico as elsewhere within the United States.

fins i...n in ii si consis Sec. 18. And be it further enacted, That the provisions of Provisions of this act be, and they are hereby suspended until the boundary pended until the

'boundary is ad. between the United States and the State of Texas shall be ad- justed. 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.. in .in .Tinti

Sec. 19. And be it further enacted, That no citizen of the Citizens' rights 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. : '-'

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this act to be sus

protected,

California declared to be one

States.

CHAP. 50.-AN ACT for the admission of the State of California into the
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; 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 hun. dred and fifty, and which, on due examination, is found to be republican in its form of government:

[Sec. 1.) Be it enacted by the Senate and House of Rep- California deresentatives 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 repre- Entitled to two sentatives in Congress shall be apportioned according to an ac- until an enumertual enumeration of the inhabitants of the United States, the ation is made. State of California shall be entitled to two representatives in Congress.

SEC, 3. And be it further enacted, That the said State of Admitted into California is admitted into the Union upon the express condi- y tion 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

representatives

the Union upon certain express

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act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned; and that they shall never lay any tax or assessment of any description whatsoever upon the public domain of the United States, and in no case shall non-resident proprietors, who are citizens of the United States, be taxed higher than residents; and that all the navigable waters within the said State shall be common bighways, and forever free, as well to the inhabitants of said State as to ihe citizens of the United States, without any tax, impost, or duty therefor: Provided, That nothing herein contained shall be construed as recognising or rejecting the propositions tendered by the people of California as articles of compact in the ordinance adopted by the convention which formed the coustitution of that State.' ; : Hita

Approved September 9, 1850. . .

Proviso.

CHAP. 51.-AN ACT to establish a Territorial Government for Utah.

.

of the Territory

Proviso,

[Sec. 1.] Be it enacted by the Senate and House of Rep

resentatives of the United States of America in Congress as. The boundary sembled, That all that part of the territory of the United States of Utah defined included within the following limits, to wit: bounded on the

west by the State of California, on the north by the Territory of Oregon, and on the east by the summit of the Rocky mountains, and on the south by the thirty-seventh parallel of north latitude, be, and the same is hereby; created into a temporary government, by the name of the Territory of Utah; and 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: Provided, That nothing in this act contained shall 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 of said Territory to

any other State or Territory of the United States. ". Executive pow- Sec. 2. And be it further enacted, That the executive :

power and authority in and over' said Territory of Utah, shall be vested in a Governor, who shall hold his office for four years, and until his succeseor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside within said Territory, shall be com-'mander-in-chief of the militia'thereof, sball perform the duties and receive the emoluments of superintendent of Indian affairs,

and shall approve all lawş passed by the Legislative Assembly To before they shall take effect; he may grant pardons for offences · against the lawš of said Territory, and reprieves for offences against the laws of the United States until the decision of the President can be made krown Thereón; he shall commission all officers who shall be appointed to office under the laws of

er vested in a Governor; his duties defined

luties defined.

ernor in certain

power; how vest

tive Assembly to

representatives.

the said Territory, and shall take care that the laws be faith : fully executed. i Sec. 3. And be it further enacted, That there shall be a Secretary; his 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 the laws · and proceedings of the Legislative Assembly hereinafter con

stituted, 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 year, to the President of the United States, and at the same time, two copies of the laws to the Speaker of the House of Representatives, and the President of the Senate, for the use of Congress. And in case of the “ To act as Govdeath, removal, resignation, or other necessary absence of the contingencies. 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. í Sec. 4. And be it further enacted, That the legislative Legislative spower and authority of said Territory, shall be vested in the edhe Governor and a Legislative Assembly. The Legislative As The Legislasembly shall consist of a council and house of representatives. weisse con The council shall consist of thirteen members, having the cil and house of qualifications of voters as hereinafter prescribed, whose term of the council'shall service shall continue two years. The house of representatives shall consist of twenty-six members, possessing ihe same the house of rep

resentatives of qualifications, as prescribed for members of the council, and twenty-six. whose term of service shall continue one year. An apportionment 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 respec- ........? tively. Previous to the first election, the Governor shall Previous to the cause a census or enumeration of the inhabitants of the several census 10 'be counties and districts of the Territory to be taken, and the first taken. 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 members of the council and house of representatives to which each of the counties or districts shall be entitled under this act. The Elections; how number of persons authorized to be elected having the highest conducte 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 highest number of yotes 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 ;

consist of thirteen members, and

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