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taking an oath or affirmation before the superior or circuit courts of the territory, or before the circuit or district court of the United States, to renounce and abjure allegiance to every foreign prince, potentate, State or sovereignty, whatever.
SEC. 9. The legislative power of the territory shall extend to all rightful subjects of legislation, consistent with the constitution of the United States. 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.
SEC. 10. All the laws passed by the legislative assembly and governor shall be submitted to the Congress of the United States, and, if disapproved, shall be null and of no effect.
SEC. 11. The governor of the territory shall order the first election for members of the legislative assembly, and it shall be held at such times and places, and be conducted in such manner, as he shall direct.
SEC. 12. Any bill may originate in either house, and may be altered, amended, or rejected, by the other house; and shall be read on three dif ferent days in each house; and having passed both houses, shall be signed by the speaker of the house of representatives and the president of the legislative council, and presented to the governor for his approval. If he approve the same, he shall sign it. If he disapprove the same, he shall return it, with his objections, to the house in which it originated, within six days.
SEC. 13. That house shall cause the objections to be entered at large upon its journal, and shall reconsider the bill. If, after a bill shall have been returned, and reconsidered by both houses, it shall again pass by a vote of two-thirds of each house, it shall become a law without the approval of the governor.
If any bill shall not be returned by the governor within six days after it shall have been presented to him, the same shall be a law in like manner as if he had signed it; unless the legislative assembly, by adjournment, prevent it.
SEC. 14. Each house of the legislative assembly shall judge of the elective qualifications of its members, and make its own rules of proceedings.
SEC. 15. No person who now is, or hereafter may be, a collector or holder of public money, or assistant or deputy thereof, shall be eligible to any office of profit or trust, until he shall have accounted for, and paid over all moneys for which he may be accountable as such collector or holder; and no person who shall have directly or indirectly given any bribe to procure his election or appointment to any office, or who shall have been convicted of perjury or other infamous crime, shall be eligible to any office of honor, profit, or trust within this territory, or shall be allowed the right of suffrage.
ARTICLE III.-JUDICIAL POWER.
SEC. 1. We recommend that the judicial power of said territory of New Mexico shall be vested in a supreme court, circuit courts, and such other inferior tribunals as shall be established by law.
SBC. 2. The supreme court shall consist of four judges, one to be su preme or appellate judge, and the other three to be district judges, for the
hearing and adjudication of law cases, and associates of the supreme judge in all cases of appeal; and the judge who tried the case shall not be allowed to sit in the appellate court, and who shall hold two terms of said court in each year at the seat of government of said territory; and they shall hold their offices during the period of five years.
One of the judges shall be assigned to each of the districts into which the territory of New Mexico is now divided; and within said districts shall hold circuit courts at such times and places as shall be designated by law; and they shall respectively reside in the districts which shall be assigned them.
SEC. 3. The jurisdiction of the supreme and circuit courts, and of the inferior tribunals of justice, shall be limited by law, but the said supreme and circuit courts shall possess chancery as well as common jurisdiction.
The supreme and circuit courts shall appoint their own clerks; and every clerk shall hold his office at the pleasure of the court by which he shall have been appointed.
Writs of error, bills of exception, and appeals, shall be allowed in all cases from the final decisions of said circuit courts to the supreme court, under such regulations as may be prescribed by laws, but in no case removed to the supreme court shall trial by jury be allowed in said court.
SEC. 4. 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, when the value of the property or the amount of the controversy, to be ascertained by the oath or affirmation of either party, or other competent witnesses, shall exceed the sum of one thousand dollars.
SEC. 5. And each of said circuit 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 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 said constitution and laws; and writs of error and appeal in all such cases shall be made to the supreme court of said territory the same as in other cases.
The clerks of the supreme and circuit courts shall receive such fees and compensation as shall be prescribed by law.
SECTION 1. We recommend that there shall be appointed a United States district attorney, who shall hold his office for four years, unless sooner removed by the President.
SEC. 2. There shall also be a marshal appointed, who shall hold his office for four years, unless sooner removed by the President; and who shall execute all processes issuing from said courts, when exercising their jurisdiction as courts of the United States.
He shall be subject to the same regulations and penalties as the marshal of the district courts of the United States in their territories.
SEC. 3. The governor, secretary of the territory, chief justice, and associate justices, attorney, and marshal, shall be appointed, by and with the advice and consent of the Senate, by the President of the United States;
and shall receive such compensation and salaries as the Congress of the United States may allow.
SEC. 4. All persons appointed or elected to any office within the territory of New Mexico, shall, before entering upon the discharge of the duties of their offices, take an oath or affirmation to support the constitution and laws of the United States, and faithfully demean themselves in office.
SEC. 5. A delegate to the House of Representatives of the United States, to serve for the term of two years, 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 other territories of the United States, to said House of Representatives. And the time and places of holding and conducting said election, shall be prescribed by the legislative assembly.
DOCUMENT No. 10.
The people of New Mexico, through their representatives assembled in convention, held in Santa Fe, give the following instructions to the delegate elect (Hugh N. Smith) to the Congress of the United States :
1st. That these instructions be strictly followed, and the matters herein set forth without deviation, by said delegate.
2d. That, in case a territorial government may be obtained, he shall prefer it to a State government, and shall take for his grounds the late act constituting the people of Minnesota into a territorial government, and shall insist upon provisions at least as favorable.
3d. That we shall have incorporated into the ordinance constituting a territorial government, the following provisions:
That the rights of citizenship be conferred on all free white male inhabitants residing within the limits of this territory, not already citizens of the United States, but who, on the 2d day of February, 1848, were residents within the territory of New Mexico; on such persons taking an oath, or affirmation, before the superior or circuit court of the territory, or before the circuit or district court of the United States, to renounce and abjure every foreign prince, potentate, State or sovereignty, whatever.
4. That he insist upon the establishment of a judiciary by the constitution of four judges, one to be supreme or appellate judge, and the other three to be district judges, for the hearing and adjudication of law cases, and associates of the supreme judge in all cases of appeal, and the judge who tried the case shall not be allowed to sit in the appellate court.
5th. That he shall resist the constitution of a territorial government, unless the making of laws for our government are confined to a general assembly, to consist of a senate and house of representatives.
6th. That he shall define the boundaries of New Mexico as follows: bounded north by the Indian territory; west by California; south by the boundary line between Mexico and the United States; and east by the State of Texas.
7th. That said delegate shall urge the establishment of a branch of the mint of the United States in New Mexico.
8th. That he shall insist upon the permanent establishment of two regiments of troops within the territory.
9th. That one of said regiments shall be raised, organized, and officered
within this territory, and constituted of the sturdy mountaineers and na⚫tive citizens.
10th. That he shall have inserted in said constitution a provision which shall secure the compliance with contracts between master and servant, according to the intent of the parties.
11th. That he shall urge the establishment of a fort in the heart of the Navijo country, to protect the people against the incursions and robberies of this formidable and marauding Indian tribe.
12th. That he shall have inserted in said constitution, a provision to protect the people against unjust or malicious litigation, and securing to all persons who have a possession of land, or real estate, for twenty years, without interruption, a full and indefeasible title.
13th. But in case the obtention of a territorial government be not feasible, but that of a State government be practicable, he shall accept one, and proceed to its organization; taking for his model the present constitution of Missouri, so far as the same is applicable to our condition, and adhering strictly as may be to its provisions, under the following conditions:
1st. That the Congress of the United States shall extend the same liberality towards us that she has to all the new States.
2d. That, as our public lands are comparatively worthless, and the grant of 500,000 acres be impracticable, that said delegate insist on an equivalent in money; or, at least, that the United States pay us annually $30,000 for the period of ten years, for the purpose of sustaining such government.
3d. That all the public lands within our limits, unless mineral lands and salines, be devoted to the territory for school purposes, to be disposed of and applied by the State legislature.
4th. That the five per cent. and two per cent. given by Congress to the States, be also donated to New Mexico.
5th. That liberal applications be made for the establishment of colleges and common schools, and suitable institutions for the promotion of the arts and sciences.
6th. That $100,000 be donated in lieu of public buildings, which, if we were to receive a territorial government, Congress would be forced to expend for that purpose.
14th. That said delegate urge the appointment of a suitable person, to be appointed, by the President, and paid at the expense of the United States, to make a geological survey within the territory of New Mexico.
15th. That the laws of Mexico, heretofore in force, regarding the mineral lands and the working of the mines, be continued in force by making a constitutional provision to that effect.
16th. That it shall be the duty of our delegate in Congress to have in serted in every organic law made for this territory, a provision which shall protect the people in the exercise of their relative operations and rights, and to secure the Catholic population in the full and free enjoyment of all their religious rights and privileges.
17th. That the provisions that the delegate is instructed to have inserted in the constitution of a territorial government, shall also be inserted in the constitution of a State government, in case such government be established.
18th. That a copy of this instrument be sent to the President of the
United States, and another to the House of Representatives, to be laid before Congress.
INSTRUCTIONS AS ADOPTED BY THE CONVENTION.
We, the people of New Mexico, in convention assembled, having elected a delegate to represent this territory in the Congress of the United States, and to urge upon the supreme government a redress of our grievances, and the protection due to us as citizens of our common country, under the constitution, instruct him as follows: That whereas, for the last three years, we have suffered under the paralyzing effects of a government undefined and doubtful in its character, inefficient to protect the rights of the people, or to discharge the high and absolute duty of every government, the enforcement and regular administration of its own laws, in consequence of which, industry and enterprise are paralyzed, and discontent and confusion prevail throughout the land; the want of proper protection against the various barbarous tribes of Indians that surround us on every side, has prevented the extension of settlements upon our valuable public domain, and rendered utterly futile every attempt to explore or develop the great resources of the territory; surrounded by the Eutaws, Comanches, and Apaches, on the north, east, and south, by the Navijos on the west, with Jicarillas within our limits, and without any adequate protection against their hostile inroads; our flocks and herd's are driven off by thousands; our fellow-citizens, men, women and children, are murdered or carried into captivity; many of our citizens of all ages and sexes are at this moment suffering all the horrors of barbarian bondage, and it is utterly out of our power to obtain their release from a condition to which death would be preferable; the wealth of our territory is being diminished; we have neither the means nor any adopted plan by government for the education of the rising generation; in fine, with a government temporary, doubtful, uncertain, and inefficient in character and in operation, surrounded and despoiled by barbarous foes, ruin appears inevitably before us, unless speedy and effectual protection be extended to us by the Congress of the United States: Therefore it is
Resolved, That our delegate to Congress is hereby instructed to urge impressively upon the government the necessity of a properly organized and efficient military force, competent in numbers to the entire subjection of our Indian enemies; that a part of said force should consist of a regiment of mounted rangers, levied from this territory.
Resolved, That he urge upon Congress the imperative necessity for the establishment of a sufficient fund or resource for the education of the people; that all salines or salt lakes be placed in possession of the territorial government for the free use and benefit of the people.
Resolved, That he ask the necessary appropriations from Congress for the erection of territorial and county buildings; for a library at the capital for the use of the government; for the erection of public highways; and the extension of post roads throughout the territory.
Resolved, That he ask of Congress the appointment of suitable persons of capacity and practical knowledge, with necessary appropriations, to -effect a careful geological survey of the territory.