at such other place in the district as the nature of the business, and his discretion, shall 24 Sept. 1789. direct. And in districts that have but one place of holding the district court, the records Where records to thereof shall be kept at that place; and in districts that have two, at that place in each be kept. district which the judge shall appoint.

3 Stat. 773.

cuit court.

2. The terms of the circuit court which are now directed by law to be holden annually 3 March 1823 3 1. *** in the district of New Hampshire, at Portsmouth, on the first day of May, and at Exeter, on the first day of October, shall hereafter be holden *** at Portsmouth, on Terms of the cir the eighth day of May, and at Exeter, on the eighth day of October, in said districts in each year; and when either of said days shall be Sunday, the session of said court shall commence on the day next following. And all causes, suits, actions, process, pleadings and proceedings of every description, existing or depending in the circuit court, in the districts aforesaid, shall be returnable to and proceeded with in due form of law, at the times conformable to the alterations herein provided for.

II. COLLECTION DISTRICTS.

1 Stat. 627.

mouth.

3. The state of New Hampshire shall be one district, to be called the district of Ports- 2 March 1799 ? 1. mouth, of which the town of Portsmouth shall be the sole port of entry, and the towns of New Castle, Dover and Exeter, ports of delivery only; but all ships or vessels, bound District of Portsto or from either of the said ports of delivery, shall first come to, enter and clear at Ports of delivery. Portsmouth. And a collector, naval officer and surveyor for the said district shall be appointed, to reside at Portsmouth; and the authority of the officers of the said district shall, for the purposes of this act, extend to the northern boundary line of the said state of New Hampshire, adjoining to the British colony of Lower Canada.

2 Stat. 102.

wick annexed tc

4. The towns of Kittery and Berwick, in the state of Massachusetts, shall be annexed 25 Feb. 1801 3. to the district of Portsmouth, in New Hampshire, as ports of delivery only: (a) Provided, That nothing herein contained shall be construed to prevent the master or commander Kittery and Per of any ship or vessel, having merchandise on board, destined for either of the said Portsmouth. places, from making entry, at his option, with the collector of the district of York, and Vessels may en obtaining permits for the delivery thereof as heretofore.

ter at York.

9 Stat. 303.

cuit and district

1. The circuit court of the United States for the district of New Jersey shall hereafter 12 Aug. 1848 Į be held on the fourth Tuesdays of March and September, instead of the first day of April and October, as heretofore. And the district court of the United States for the Terms of the cir district of New Jersey shall hereafter be held on the third Tuesdays of January, April, courts. June and September, instead of the second Tuesdays of March and September, and the third Tuesdays of May and November, as heretofore. And all writs, actions, appeals, recognisances and proceedings whatever, pending, or which may be pending, in said courts, or returnable to the terms as they now exist, shall be continued, heard, tried, proceeded with and disposed of by the said courts, in the same manner as might or ought to have been done, if the said courts had been held at the times heretofore directed by law.

5 Stat. 660.

Trenton.

2. The district court of the United States, in and for the district of New Jersey, shall 4 June 1844 @ 1. hereafter be held at the city of Trenton, (b) in said state, instead of the cities of New Brunswick and Burlington, the places heretofore established by law. And all indict- To be holden at ments, informations, recognisances, writs, suits, pleas, actions, motions and all other proceedings, civil and criminal, shall be heard, tried, proceeded with and determined by the said court at the said city of Trenton, in the same manner as might and ought to have been done had the said court been holden at the places heretofore directed by law.

II. COLLECTION DISTRICTS.

3. In the state of New Jersey, there shall be five districts, to wit: Perth Amboy, 2 March 1799 ? 7. Burlington, Bridgeton, Great Egg Harbor and Little Egg Harbor, which shall severally

(a) The collection district of White Mountains, was annexed to the district of Portsmouth, by act 7 May 1822. 3 Stat. 693.

1 Stat. 632.

(b) The circuit court is likewise to be holden at Trenton, by act 3 March 1797. 1 Stat. 517.

2 March 1799. be ports of entry. The district of Perth Amboy shall comprehend all that part of the District of Perth state of New Jersey, known by the name of East New Jersey, (that part excepted which Amboy,

Burlington.

Bridgeton.

Great Egg Harbor.

Little Egg Harbor.

8 March 1806 21. 2 Stat. 355.

Jersey, a port of delivery.

21 April 1806 2 1. 2 Stat. 399.

Residence of collector of Great Egg Harbor.

2 March 1811 81. 2 Stat. 657.

30 June 1831

4 Stat. 715.

Camden, a port of delivery.

6.

is hereafter included in the district of Little Egg Harbor) together with all the waters thereof, heretofore within the jurisdiction of the said state; in which district the towns, or landing places of New Brunswick, Middletown Point, Elizabethtown and Newark, shall be ports of delivery only; and a collector for the district shall be appointed, to reside at Perth Amboy, and a surveyor, to reside at New Brunswick.

4. The district of Burlington shall comprehend that part of the said state known by the name of West New Jersey, which lies to the eastward and northward of the county of Gloucester, with all the waters thereof heretofore within the jurisdiction of the said state; in which district the landing place of Lamberton shall be a port of delivery only; and a collector shall be appointed for the district, to reside at Burlington, (a) which shall be the port of entry for the district.

5. The district of Bridgeton shall comprehend the counties of Gloucester, Salem, Cumberland and Cape May, (such parts of the county of Gloucester and Cape May as shall be hereinafter included in the district of Great Egg Harbor, excepted) and all the waters thereof heretofore within the jurisdiction of the said state; and the town of Salem and Port Elizabeth on Maurice river shall be ports of delivery only; and a collector for the district shall be appointed, to reside at Bridgeton, which shall be the port of entry for the district.

6. The district of Great Egg Harbor shall comprehend the river of Great Egg Harbor, together with all the inlets, bays, sounds, rivers and creeks, along the seacoast, from Brigantine Inlet to Cape May; and a collector for the district shall be appointed, to reside at Somer's Point, (b) on the said river of Great Egg Harbor.

7. The district of Little Egg Harbor shall comprehend all the shores, waters, bays, rivers and creeks from Barnegat Inlet to Brigantine Inlet, both inclusively; and the town of Tuckerton shall be the sole port of entry for the said district; and a collector for the same shall be appointed, to reside at Tuckerton.

8. The town or landing place of Jersey, in the state of New Jersey, shall be a port of delivery, to be annexed to the district of Perth Amboy, (c) and shall be subject to the same regulations and restrictions as other ports of delivery in the United States; and there shall be appointed a surveyor to reside at the said port of delivery, who shall be entitled to receive, in addition to the other emoluments allowed by law, a salary of one hundred dollars, annually.

9. That so much of the "Act to regulate the collection of duties on imports and tonnage," as requires the collector for the district of Great Egg Harbor, in the state of New Jersey, to reside at Somer's Point, be and the same hereby is repealed; and the said collector shall reside at such place within said district, as may be directed by the secretary of the treasury.

10. That all that part of the state of New Jersey, which lies north and east of Eliza bethtown and Staten Island, be and the same is hereby annexed to the district of New York. (d)

11. The town of Camden, in the district of Bridgeton, in the state of New Jersey, shall be a port of delivery, and shall be subject to the same regulations and restrictions as other ports of delivery in the United States; and there shall be appointed a surveyor of the customs to reside at said port, who shall also perform the duties of an inspector, and who shall be entitled to receive the annual salary of one thousand dollars and no more.(e) 12. The surveyor of the port of Camden shall be authorized to enrol and license ships Surveyor to enrol or vessels to be employed in the coasting trade and fisheries, under the regulations and and license coast-provisions of the act entitled "An act to authorize surveyors, under the direction of the ing vessels.

Ibid. 27.

Tbid. 29. District of Newais,

Ibid. 10.

Collector to be appointed.

secretary of the treasury, to enrol and license ships and vessels to be employed in the coasting trade and fisheries," passed the 11th day of February 1830, as to all ships and vessels belonging to that part of the district of Bridgeton, which lies northward of Allo way's Creek, in the county of Salem.

13. All that part of the state of New Jersey, lying north and east of Elizabethtown and Staten Island, extending eastward as far as the mouth of the Kill Van Kull, where it empties into the Bay of New York, with all the waters of the Passaick and Hackensack rivers, shall form a collection district, to be called the district of Newark; of which the town of Newark shall be the port of entry.

14. A collector for the said district shall be appointed, to reside at Newark, who shall give bond with security, as provided by law, for the true and faithful performance of the

(a) Collector to reside at Lamberton, instead of Burlington, by

act 31 March 1830. 4 Stat. 392.

(b) See infra, 9.

(c) See infra, 10.

(d) The remainder of this section is repealed by act 15 June 1844 1. 5 Stat. 664.

(e) By act 3 March 1843, the salary of the surveyor of the port of Camden is fixed at $250 per annum, besides the lawful fees allowed to surveyors. 5 Stat, G10.

duties of his office, in the sum of five thousand dollars; and shall be allowed three per 30 June 1834. centum on all moneys received on account of the duties arising on goods, wares and merchandise imported, and on the tonnage of ships and vessels; and the said collector shall also receive, in addition to his other fees and emoluments allowed by law, the annual sum of two hundred and fifty dollars, subject, however, to the limitations provided by law.

9 Stat. 447.

Mexico.

1. That all that portion of the territory of the United States, bounded as follows: 9 Sept. 1850 3 2. beginning at a point in the Colorado river where the boundary line with the republic of Mexico crosses the same; thence eastwardly with the said boundary line to the Rio Territory of New Grande; thence following the main channel of said river to the parallel of the thirty- Boundaries. second degree of north latitude; thence east with said degree to its intersection with the one hundred and third degree of longitude west of Greenwich; thence north with said degree of longitude to the parallel of thirty-eighth degree of north latitude; thence west with said parallel to the summit of the Sierra Madre; thence south with the crest of said mountains to the thirty-seventh parallel of north latitude; thence west with said parallel to its intersection with the boundary line of the state of California; thence with said boundary line to the place of beginning; be and the same is hereby erected into a temporary government, by the name of the territory of New Mexico: (a) Pro- May be divided. vided, That nothing in this act contained shall be construed to inhibit the government other territories of the United States from dividing said territory into two or more territories, in such or states. manner and at such times as congress shall deem convenient and proper, or from attaching any portion thereof to any other territory or state: And provided further, That when slavery. 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.

or attached to

10 Stat. 575.

2. That until otherwise provided by law, the territory acquired under the late treaty 4 Aug. 1854 ₫ 1. with Mexico, commonly known as the Gadsden treaty, be and the same is hereby incorporated with the territory of New Mexico, subject to all the laws of said last-named Gadsden purterritory.

II. EXECUTIVE AUTHORITY.

chase annexed.

9 Stat. 449.

Term of office.

3. The executive power and authority in and over said territory of New Mexico shall 9 Sept. 1850 § 3. 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 Governor. States. The governor shall reside within said territory, shall be commander-in-chief of Residence. 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 His powers and 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.

(a) By 18, this act was suspended, until the adjustment of president was to issue his proclamation declaring it in force. See the boundary between the United States and Texas; when the proclamation of 13 December 1850. 9 Stat. 1005.

9 Sept. 1850 25. 9 Stat. 448.

the legislative

assembly.

Council.

sentatives.

Residence.

Census.

First election.

4. 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 case of the death, removal, resignation or other necessary absence of 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.

III. LEGISLATIVE POWER.

5. The legislative power and authority of said territory shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and Constitution of house of representatives. The council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall consist of twenty-six members, possessHouse of repre- ing the same qualifications as prescribed for members of the council, and whose term of Apportionment. 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 shall cause a census or enumeration of the inhabitants of the several counties and districts of the territory to be 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 the 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 persons 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 greatest 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 between two or more persons voted for, the governor shall order a new election to supply the vacancy made by such tie. And the persons thus elected to the legis lative assembly shall meet at such place and on such day as the governor shall appoint; Subsequent elec- but thereafter, the time, place and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the council and house of representatives, according to the population, shall be prescribed Duration of ses- by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Provided, That no one session shall exceed the term of forty days.(a)

Ibid. 6. Qualifications of voters.

Ibid. 27.

lative power.

6. Every free white male inhabitant, above the age of twenty-one years, who shall have been a resident of said territory at the time of the passage of this act, 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 office, at all subsequent elections, shall be such as shall be prescribed by the legislative assembly: Provided. That the right of suffrage and of holding office shall be exercised only by citizens of the United States, including those recognised as citizens by the treaty with the republic of Mexico, con• cluded February 2d 1848.

7. The legislative power of the territory shall extend to all rightful subjects of legisExtent of legislation, consistent with the constitution of the United States and the provisions of this act; 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 and governor shall be submitted to the congress of the United States, and if disapproved, shall be null and of no effect.

Ibid. 8.

8. All township, district and county officers, not herein otherwise provided for, shall Appointment of be appointed or elected, as the case may be, in such manner as shall be provided by the township, district governor and legislative assembly of the territory of New Mexico. The governor shall nominate, and by and with the advice and consent of the legislative council, appoint, all

and county off

(a) Extended to sixty days, infra, 12.

officers not herein otherwise provided for; and in the first instance the governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the legislative assembly; and shall lay off the necessary districts for members of the council and house of representatives, and all other officers.

9 Sept. 1850.

Ibid. 29.

office.

9. 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 Exclusion of increased while he was a member, during the term for which he was elected, and for one members from year after the expiration of such term. And no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of said territory.

10 Stat. 257.

Interpreter and clerks.

10. The legislative assembly of the territory of New Mexico shall hereafter have 3 March 1853 2 1. authority to employ one person as a translator and interpreter, and two clerks in addition to the number they are now authorized to employ, for each house, during their session. And the accounts and charges for said translator and interpreter and clerks shall be audited and settled in the same manner, and upon the same principle, as is provided by law, for auditing and settling the accounts and charges of other and similar officers and attendants of said assembly.

11. Of the four clerks to be employed in each house of said assembly, two shall be qualified to write in the Spanish and two in the English language.

12. The said legislative assembly shall hereafter be authorized to continue their sessions for a term not exceeding sixty, instead of forty days, as heretofore provided.

Ibid. 22.

Ibid 24.

9 Stat. 449.

peace.

courts.

13. The judicial power of said territory shall be vested in a supreme court, district courts, 9 Sept. 1850 ? 10. probate courts, and in 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 Supreme court. shall hold a term, at the seat of government of said territory, annually, and they shall hold their offices during the period of four years. The said territory shall be divided into three Distri✦ courts. judicial districts, and a district court shall be held in each of said districts by one of the justices of the supreme court, at such time and place 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 herein provided for, both Jurisdi 39n. appellate and original, and that of the probate courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction Justice: ~ the of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars. And the said Equity. 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 Clerks of strict 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 Errors and upcases from the final decisions of said district courts to the supreme court, under such peals. 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, Clerk of supreme shall appoint its own clerk; and every clerk shall hold his office at the pleasure of the court. court for which he shall have been appointed. Writs of error and appeals from the final Jurisdiction of decisions of said supreme court shall be allowed, and may be taken to the supreme court of the United of the United States, in the same manner and under the same regulations as from the States. 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 one thousand dollars; except only that in all cases involving title to slaves, the said writs of error or appeals shall be allowed and decided by the said supreme court, without regard to the value of the matter, property or title in controversy; and except also that a writ of error or appeal shall also be allowed to the supreme court of the United States, from the decision of the said supreme court created by this act, or of any judge thereof, or of the district courts created by this act, or of any judge thereof, upon any writ of habeas corpus, involving the question of personal freedom. And each of the said district 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 said supreme and district courts of the said Habeas corpus. territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the United States in the District of Columbia. And the first six days of every term of said courts, or so much thereof What causes to have precedence as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws; and 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 Fees of clerk.

supreme court