Papers Of Abraham Lincoln

THIRTIETH CONGRESS—SECOND SESSION.
H. R. 711.
(Report No. 16.)
IN THE HOUSE OF REPRESENTATIVES.
January 3, 1849.
Read twice, and committed to the Committee of the Whole House on the
state of the Union.
Mr. Caleb B. Smith, from the Committee on Territories, reported
the following bill:
A BILL
To establish the territorial government of New Mexico.

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11 Be it enacted by the Senate and House of Repre-
sentatives of the United States of America in Congress
assembled, That from and after the first day of April, in
the year of our Lord eighteen hundred and forty-nine, the
country included within the following boundaries shall
constitute a separate territory, for the purpose of temporary
government, by the name of New Mexico, to wit: com-
mencing at the point in latitude forty-two north nearest
the Arkansas river; thence following the course of the
southern bank of the said river Arkansas, until it inter-
sects the degree of longitude one hundred west from Lon

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1 don, and twenty-three from Washington; thence running
by a line due south to the south bank of Red river; thence
by a direct line to the Rio Grande, at the point where the
southern boundary of New Mexico intersects the same;
thence westwardly along the southern boundary of New
Mexico, to the southwest corner thereof; thence north-
wardly along the western boundary of New Mexico, to
the northwest corner thereof; thence by a direct line to the
place of beginning: Provided, That nothing in this act
contained shall be construed to impair the rights of person or
property now pertaining to the Indians in said territory, so
long as such rights shall remain unextinguished by treaty
between the United States and such Indians, or to affect
the authority of the government of the United States to
make any regulation respecting such Indians, their lands,
property, or other rights, by treaty, law, or otherwise,
which it would have been competent to the government to
make if this act had never passed: Provided, further,
That nothing in this act contained shall be construed to
prohibit 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.
Sec.2. And be it further enacted, That the execu

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9 tive power and authority in and over said territory of
New Mexico 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 re-
side 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. He may
grant pardons and respites for offences against the laws
of said territory, and reprieves for offences against the
laws of the United States, until the decision of the Presi-
dent can be made known thereon. He shall commission
all officers who shall be appointed to office under the laws
of the territory, where by law such commissions shall be
required, and shall take care that the laws be faithfully
executed.
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 five years, unless sooner removed by the
President of the United States; he shall preserve and
record all the laws and proceedings of the legislative as-
sembly hereinafter constituted, and all the acts and pro-
ceedings of the governor in his executive department; he
shall transmit one copy of the laws and journals of the
legislative assembly, within thirty-days after the end of

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13 each session, and one copy of the executive proceedings
and official correspondence, semi-annually, on the first days
of January and July in each year, to the President of the
United States, and two copies of the laws to the President
of the Senate and the Speaker of the House of Represen-
tatives, for the use of Congress. And in case of the death,
removal, resignation, or absence of the governor from the
territory, the secretary shall be, and he is hereby, author-
ized and required to execute and perform all the powers and
duties of the governor during such vacancy or absence, or
until another governor shall be duly appointed and quali-
fied to fill such a vacancy.
Sec. 4. And be it further enacted, That the legisla-
tive power and authority of said territory shall be vested
in a legislative assembly. The legislative assembly shall
consist of a council and house of representatives. The
council shall consist of nine members, having the qualifi-
cations of voters as hereinafter prescribed, whose term
of service shall continue three years. Immediately after
they shall be assembled under the first election, they shall
de divided as equally as may be into three classes. The
seats of the members of the first class shall be vacated at
the expiration of the first year, of the second class at the
expiration of the second year, and of the third class at the
expiration of the third year, so that one third may be

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38 chosen every year. And if vacancies happen by resigna-
tion or otherwise, the same shall be filled at the next en-
suing election. The house of representatives shall, at its
first session, consist of eighteen members, possessing the
same qualifications as those prescribed for members of the
council, and whose term of service shall continue one
year. The number of representatives may be increased
by the legislative assembly, from time to time, in propor-
tion to the increase of qualified voters: Provided, That
the whole number shall never exceed thirty-six; apportion-
ment shall be made as nearly as practicable among
the several counties or districts for the election of mem-
bers of the council and representatives, giving to each
section of the territory representation in the ratio of its
qualified voters, 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 or county, or
counties, for which they may be elected respectively.
Previous to the first election, the governor shall cause a
census or enumeration of the inhabitants and qualified
voters of the several counties and districts of the territory
to be taken, by such persons and in such mode as the gov-
ernor shall designate; and the persons so appointed shall
receive a reasonable compensation therefor; and the first
election shall be held at such time and places, and be con

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63 ducted in such manner, both as to the persons who shall
superintend said election and the returns thereof, 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; and the governor
shall, by his proclamation, give at least sixty days’ previous
notice of such apportionment, and of the time, places, and
manner of holding such election. The person having the
highest number of legal votes in each of said council dis-
tricts for members of the council shall be declared by the
governor to be duly elected to the council; and the per-
sons having the highest number of legal votes for the
house of representatives shall be declared by the gov-
ernor duly elected members of the said house: Provided,
That in case two or more persons voted for shall have an
equal number of votes, and in case a vacancy shall other-
wise occur, in either branch of the legislative assembly,
the governor shall order a new election. And the per-
sons thus elected to the legislative assembly shall meet
at such place, and on such day, within ninety days after
such elections, as the governor shall appoint; but, there-
after, the time, place, and manner of holding and conduct-
ing all elections by the people, and the apportioning the
representation in the several counties or districts, to the

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18 council and house of representatives, according to the
number of qualified voters, shall be prescribed by law,
as well as the day of the commencement of the regular
sessions of the legislative assemblies: Provided, That no
session in any one year shall exceed the term of sixty
days, except the first session, which shall not be prolonged
beyond one hundred days.
Sec. 5. And be it further enacted , That every free
male citizen of the United States, above the age of twen-
ty-one years (Indians not taxed and Africans, and the des-
cendants of Africans, excepted) who shall have been an
inhabitant of said territory at the time of its organization,
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 offices at all subse-
quent elections, shall be such as shall be determined by the
legislative assembly: Provided, That the right of suff-
rage, and of holding office, shall be exercised only by
citizens of the United States: And provided, further,
That no officer, soldier, seaman, or marine, or other per-
son in the army or navy of the United States, shall be
allowed to vote in said territory by reason of being on
service therein, unless said territory shall have been for the
period of six months his permanent domicil: Provided,
further, That no person belonging to the army or navy

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23 of the United States shall be elected to or hold any civil
office or appointment in said territory.
Sec. 6. And be it further enacted, That the legis-
lative power of the territory shall extend to all rightful
subjects of legislation not inconsistent with the constitution
and laws of the United States; 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 shall be
submitted to the Congress of the United States, and if dis-
approved shall be null and of no effect: Provided, That
nothing in this act shall be construed to give power to
incorporate a bank, or any institution with banking pow-
ers, or to borrow money in the name of the territory, or
to pledge the faith of the people of the same for any loan
whatever, either directly or indirectly. No charter grant-
ing any privilege of making, issuing, or putting into cir-
culation any notes or bills in the likeness of bank notes,
or any bonds, scrip, drafts, bills of exchange or obliga-
tions, or granting any other banking powers or privileges,
shall be passed by the legislative assembly, nor shall the
establishment of any branch or agency, of any such cor-
poration derived from other authority, be allowed in said

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7 territory; nor shall said legislative assembly authorize the
issue of any obligation, scrip, or evidence of debt by said
territory, in any mode or manner whatever, except certifi-
cates for services to territory; and all such laws, or
any law or laws inconsistent with the provisions of this
act shall be utterly null and void. All taxes shall be equal
and uniform, and no distinction shall be made in the as-
sessments between different kinds of property, but the as-
sessments shall be according to the value thereof. To
avoid improper influences, which may result from inter-
mixing in one and the same act such things as have no
proper relation to each other, every law shall embrace but
one object and that shall be expressed in the title.
Sec. 7. And be it further enacted, That all town-
ship, district, and county officers, not herein otherwise
provided for, shall be appointed or elected in such manner
as shall be provided by the legislative assembly.
Sec. 8. 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
shall have been a member, during the term for which he
shall have been elected, or for one year thereafter; but this
restriction shall not be applicable to members of the first

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21 legislative assembly; and no person holding a commission
or appointment, under the United States, shall be a mem-
ber of the legislative assembly, or shall hold any office
under the government of the territory.
Sec. 9. And be it further enacted, That the judicial
power of said territory shall be vested in a supreme court,
district courts, probate courts, and justices of the peace.
The 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 of said court at the
seat of government of said territory annually, and they
shall hold their offices during the period of four years, and
until their successors shall be appointed and qualified.
The said territory shall be divided into three judicial dis-
tricts, and a district court shall be held in each of said dis-
tricts by one of the justices of the supreme court, at such
times and places 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 therein provided for, both
appellate and original, and that of the probate courts and
justices of the peace, shall be as limited by law: Pro-
vided, That justices of the peace shall not have jurisdic-
tion of any case in which the title to land shall in anywise
come in question, or where the debt or damages claimed

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46 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 su-
preme 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 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 two thousand dollars, and in all cases where
the constitution of the United States or acts of Congress,
or a treaty of the United States is brought in question; and
each of the said district courts shall have and exercise the

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15 same jurisdiction in all cases arising under the constitution
of the United States, and the laws of said territory, as is
vested in the circuit and district courts of the United
States. Writs of error and appeals, in all such cases,
shall be made to the supreme court of said territory, the
same as in other cases. The said clerk shall receive in
all such cases the same fees which the clerks of the dis-
trict courts of the Territory of Oregon receive for similar
services.
Sec. 10. And be it further enacted, That there shall
be appointed an attorney for said territory, who shall con-
tinue in office four years, and until his successor shall be
appointed and qualified, unless sooner removed by the
President, and who shall receive the same fees and salary as
are provided by law for the attorney of the United States for
the Territory of Oregon. There shall also be appointed
a marshal for the said territory, who shall hold his office
for four years and until his successor shall be appointed
and qualified, 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 per-
form the duties, be subject to the same regulations and
penalties, and be entitled to the same fees as are pro

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23 vided by law for the marshal of the district courts of the
United States for the Territory of Oregon.
Sec. 11. And be it further enacted, That the gov-
ernor, secretary, judges, attorney, and marshal, shall be
nominated, and by and with the advice and consent of the
Senate, appointed by the President of the United States.
The governor and secretary to be appointed as afore-
said shall, before they act as such, respectively take an
oath or affirmation, before the district judge or some jus-
tice of the peace in the limits of said territory, or before
some one of the judges 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 the act as such, shall take
a like oath or affirmation before the said governor or sec-
retary, or some judge or justice of the peace of the terri-
tory, 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. The governor shall receive

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48 an annual salary of fifteen hundred dollars as governor,
and fifteen hundred dollars as superintendent of Indian
affairs. The chief justice and associate justices shall each
receive an annual salary of two thousand dollars. The
secretary shall receive an annual salary of fifteen hundred
dollars. The said salaries shall be paid quarter-yearly,
from the dates of the respective appointments, at the
treasury of the United States; but no such payment shall
be made until said officers shall have entered upon the
duties of their respective appointments. The members of
the legislative assembly shall be entitled to receive three
dollars each per day during their attendance at the session
thereof, and three dollars each for every twenty miles
travel in going to and returning from said sessions, esti-
mated according to the nearest usually travelled route.
A chief clerk, one assistant clerk, a sergeant-at-arms, and
doorkeeper, may be chosen for each house. The chief clerk
shall receive five dollars per day, and the said other
officers three dollars per day, during the sessions of the
legislative assembly; but no other officers shall be paid
by the United States: Provided, That there shall be but
one session of the legislature, annually, unless, on an ex-
traordinary occasion, the governor shall think proper to
call the legislature together. There shall be appropriated
annually the sum of fifteen hundred dollars, to be ex

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7 pended by the governor, to defray the contingent expenses
of the territory, including the salary of a clerk of the ex-
ecutive department. And 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 governor
and secretary of the territory shall, in the disbursement of
all monies entrusted to them, be governed solely by the
instructions of the Secretary of the Treasury of the United
States, and shall semi-annually account to the said sec-
retary for the manner in which the aforesaid sum shall
have been expended; and no expenditure, to be paid out
of money appropriated by Congress, shall be made by
said legislative assembly for objects not specially author-
ized by the acts of Congress making the appropriations,
nor beyond the sums thus appropriated for such objects.
Sec. 12. And be it further enacted, That the inhabi-
tants of said territory shall be entitled to enjoy all and sin-
gular the rights, privileges, and advantages granted and se-
cured to the people of the territory of the United States
northwest of the river Ohio, by the articles of compact con-
tained in the ordinance for the government of said territory,
on the thirteenth day of July, seventeen hundred and

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7 eighty-seven, and shall be subject to all the conditions
restrictions, and prohibitions in said articles of compact
imposed upon the people of said territory.
Sec. 13. And be it further enacted, That the legis-
lative assembly of the territory of New Mexico shall
hold its first 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 the shall
deem expedient, the legislative assembly shall proceed to
locate and establish the seat of government for said terri-
tory at such place as they may deem eligible; which place,
however, shall thereafter be subject to be changed by the
legislative assembly. And the sum of five thousand
dollars, out of any money in the treasury not otherwise
appropriated, is hereby appropriated and granted to said
territory of New Mexico, to be applied by the gov-
ernor to the erection of suitable buildings at the seat of
government.
Sec. 14. And be it further enacted, That a dele-
gate to the House of Representatives of the United States,
to serve for the term of two years, who shall be a citizen
of the United States, may be elected by the voters qual-
ified to elect members of the legislative assembly, who
shall be entitled to the same rights and privileges as have
been heretofore exercised and enjoyed by the delegates

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8 from the several other territories of the United States
to the House of Representatives; but the delegate first
elected shall hold his seat only during the term of the
Congress to which he shall be elected. The first election
shall be held at such time and place, and be conducted in
such manner, as the governor shall appoint and direct; of
which, and the time, places, and manner of holding the
election, shall be prescribed by law. The person having
the greatest number of votes shall be declared by the gov-
ernor to be duly elected, and certificate thereof shall be
given accordingly. The delegate from said territory shall
not be entitled to receive more than twenty-five hundred
dollars at any one session of Congress, as a compensation
for his mileage, in going to and returning from the seat
of government of the United States, any act of Congress to
the contrary notwithstanding.
Sec. 15. And it be further enacted, That the legisla-
tive assembly of said territory shall provide for the ap-
pointment or election of such number of justices of the
peace, constables, sheriffs, and other judicial and ministe-
rial officers as they may deem necessary or expedient.
Until otherwise provided by law, the governor of said ter-
ritory may define the judicial districts of said territory, and
assign the judges who may be appointed for said territory

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9 to the several districts, and also appoint the times and
places for holding courts in several counties or dis-
tricts, by proclamation to be issued by him; but the legisla-
tive assembly, at their first or any subsequent session, may
organize, alter, or modify such judicial districts, and as-
sign the judges, and alter the times and places of holding
the courts, as to them shall seem proper.
Sec. 16. And be it further enacted, That all officers
to be appointed by the President, by and with the advice
and consent of the Senate, for the territory of New Mexico,
who, by virtue of the provisions of any law now
existing, or which may hereafter be enacted, are required
to give security for any moneys which may be entrusted
to them for disbursement, shall give such security at such
time and place and in such manner as the Secretary of
the Treasury may prescribe.