Oregon, and shall, in addition, be paid two hundred [dollars] annually as a compensation for extra services.

The governor,

how

SEC. 12. And be it further enacted, That the governor, secretary, chief secretary, chief justice and associate justices, attorney and justice, and associate justices, marshal, shall be nominated, and, by and with the advice attorney and and consent of the Senate, appointed by the President of to be appointed the United 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 gov salary of fifteen hundred dollars as governor, and one salaries of thousand dollars as superintendent of Indian affairs. The chief justice and chief justice and associate justices shall each receive an tices. annual salary of eighteen hundred dollars. The secretary Secretary's salshall receive an annual salary of eighteen hundred dollars. The said salaries shall be paid quarter-yearly, at the treasury of the United States. The members of the legis- of members of lative assembly shall be entitled to receive three dollars the legislative each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route. There shall be 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 contingent exappropriated 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.

be

ernor.

associate jus

ary.

Compensation

assembly.

penses provided

for.

sembly to hold its

Legislative as- SEC. 13. And be it further enacted, That the legislative first sessions as assembly of the Territory of New Mexico shall hold its directed by the first session at such time and place in said Territory as the

governor.

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 Seat of govern- to locate and establish the seat of government for said

ment.

A delegate to be elected to Con

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.

SEC. 14. And be it further enacted, That a delegate to gress of the U. S. the 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: how to be disposed of.

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 Reservation for 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

schools.

tricts: how defined.

same.

Judicial dis- SEC. 16. And be it further enacted, That temporarily and until otherwise provided by law, the governor of said Territory may define the judicial districts of said Terri tory, 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.

The Constitution and applica

U. S. extended

SEC. 17. And be it further enacted, That the Constituble laws of the tion, and all laws of the United States which are not loover New Mexi- cally inapplicable, shall have the same force and effect within the said Territory of New Mexico as elsewhere within the United States.

Co.

this act to be sus

boundary is ad

SEC. 18. And be it further enacted, That the provisions Provisions of of this act be, and they are hereby, suspended until the pended until the boundary between the United States and the State of usted. Texas shall be adjusted; 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 See Appendix, officers herein provided to be appointed in and for said Territory.

Proclamation.

p. 1005.

protected.

SEC. 19. And be it further enacted, That no citizen of Citizens' rights 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.

TERRITORY OF UTAH.

Act of September 9, 1850; 9 Stats., 453.

Sept. 9, 1850.

of the Territory

CHAP. LI.-An Act to establish a Territorial Government for Utah.

Be it enacted by the Senate and House of Representatives The boundary of the United States of America in Congress assembled, That of Utah defined. all that part of the territory of the United States 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.

Proviso.

Executive pow

er vested in a ties defined.

SEC. 2. And be it further enacted, That the executive governor: his du- 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 successor shall be appointed and qualified, unless sooner removed by the President of the United States. The governor shall reside within said Territory, shall be commander-in-chief of the militia thereof, shall perform the 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.

duties defined.

Secretary: his SEC. 3. And be it further enacted, That there shall be 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 the laws and proceedings of the legislative

assembly hereinafter constituted, 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 the case of the To act as govdeath, removal, resignation, or other necessary absence of contingencies. 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.

power: how vest

assembly to con

and House of

The Council

bers, and the

thirty-six.

first election, a census to be

SEC. 4. And be it further enacted, That the legislative Legislative power and authority of said Territory shall be vested in ed. the governor and a legislative assembly. The legislative The legislative assembly shall consist of a Council and House of Repre- sist of a Council sentatives. The Council shall consist of thirteen mem- Representatives. bers, having the qualifications of voters as hereinafter pre- shall consist of scribed, whose term of service shall continue two years. thirteen memThe House of Representatives shall consist of twenty-six House of Repremembers, possessing the same qualifications as prescribed sentatives of for members of the Council, and 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 respectively. Previous to the first election, the governor Previous to the shall cause a census or enumeration of the inhabitants of the several counties and districts of the Territory to be taken. 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 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 per- Elections: how sons 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 highest 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 Proviso. between two or more persons voted for, the governor shall order a new election to supply the vacancy made by such a 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,

conducted.