Home >> Institutes Of American Law >> Misdirection to Ohio >> New Mexico

New Mexico

tha, territory, united, thence, hy, parallel, court, jurisdiction and president

NEW' MEXICO. One of the territories of the United States.

2. By act of oongress, approved September 9,1850, the territory of New Mexioo is ormstitutad and de scribed as "all that territory of the United States beginning at thc point in the Colorado river where the boundary with the republio of Mexico crosses the same; thence eastwardly with said boundary. line to the Rio Grande; thence, following tha main channel of said river, to tha parallel of the 32° of north latitude; thence eaat with aaid parallel to its interacctiun with the 103° of longitude W. of Green wich ; thence north with said degree of' longitude to the parallel of 38° of north latitude ; thence waat with said parallel to the summit of Sierra Madre; thence south with the crest of said mountains to the 37th parallel of north latitude ; thence west witla aitid parallel to the boundary-line of the state of California; thence with said boundary-lina to the place of beginning." A proviao is annexed that the United Staten may divide the territory into two or more, and that when admitted as &state the said ter ritory, or any portion of the same, shall be received into the Union with or without slavery, as their con stitution may prescribe at the time of admisaion. 9 U. S. Stat. at Large, 446. By the organic aot, tha powers of the territory are lodged in three branchasy—the legislative, executive, and judicial. The operation of this act was suspended until the Texan boundary was agreed upon, when it went into force by proclamation of the preaident, Decem her 13, 1850. 9 U. S. Stat. at Large, App.

3. The regulations as to the qualifications of votara, aubject to change by the territorial legisla ture, are that all white male inhabitants who have lived three montha in the territory and are citizens of the United States, or who have declared their in tention to become such, and fifteen daya next be fore eleotion in the county in which they offer to vote, are qualified. In addition to theaa clasaea, also, all paraun who are recognized as citizens under tha treatiea with Mexico are so entitled. But no person under guardianship, T1071 compos mends, or convicted of treason, felony, or bribery, may vote. unless restored tu oivil rights.

The Lellialative Power.

Tha Counei/ is composed of thirteen members, eleoted by the people of the diatricta into which the territory is divided, for the term of two years.

Tha Bo uee of Representatives oonaists of twenty-six membera elected by the people of the districts into which th'e territory is divided, for the term of one year. Tha two houses have power to legislate on all aubjecta of legialation not inconsistent with the laws and conatitution of the United States. No lawa may interfere with tha primitive diaposition of the aoil. No tax may he levied of United States property. Property of non-reaidenta may not be taxed higher than that of reaidents. No bank may be incorporated and no debt incurred by the tern.

tory.

The Executive Power.

4. The Governor is appointed hy the president of tha United States, by and with the advice and consent of the senate fur the termsof four years, unlesa sooner removed'. He must reside in the ter ritory. He is commander-in-chief of the military of tha territory ; is superintendent of Indian affairs; is to approve all acta passed hy tha legialature be fore they ban become Iowa ; may grant pardons and remit fines fur offences against tha lawn of tho ter ritory, and reprieves for. offences againat the laws of the United Statea till the will of the president can be known ; must take care that tha laws be executed.

A Secretary of the Territory is alao appointed in the same manner and for the name time. Ile is to record and preserve laws passed by the legislature, and acts done by the governor, in his exeoutive oapacity, and to transmit copies, etc.

The Judicial Power.

5. The Supreme Court consists of a chief and two assistant justices, appointed by the president of the United States, with the advice and consent of the zenate, for the term of four years. Two of the three judges constitute a quorum. The jurisdiction is appellate solely, and extends to all matters of ap peal aad writs of error that may he taken from the judgments or decrees of the district courts, in cases of errors apparent from the face of the record.

Special terms may be called hy the chief justice for the hearing of causes in both civil and criminal matters, when the parties or the accused, and the district attorney, agree. No jury trials are held hy this court. An appeal lies to the supreme oourt of the United States as from a, decision of the Uoited States circuit court, where the amount involved ex ceeds a specified sum.

6. The Bitaria Court is held in each of the three districts into which the territory is divided for the purpose, hy one of the judges of the supreme court. It has exclusive original jurisdiction of all mat ters at law or in equity, except those of which jukices of the peace have ouncurrent jurisdiction, and of all crimes and misdemeanors, except those of whioh justices of the peace have exclusive cog nizance.

Probate Courts are also to he provided for by law. They have, in general, the control of the settlement of the estates of decedents, and the appointment and control of guardians.

Jueticee of the Peace have a jurisdiction coexten sive with the county of all civil cases where the amount involved does not exceed one hundred dol lars except chancery cases, cases involving title or h'ounda,ry to real estate, and cases of libel, slan der, malicious prosecution and false imprisonment, seduction and crim. con.

An Attorney and a Marehal are also appointed, for four years, hy the president and senate, and are subject to removal hy them.

Jueticce of the Peace may be provided for hy laNr, with a limited oriminal and civil jurisdiction, not to exceed one hundred dollars.