Donation Land Claim Act of 1850

The Donation Land Claim Act, 1850
An Act to create the Office of Surveyor-General of the Public Lands in Oregon, and to provide for the Survey, and to make Donations to Settlers of the said Public Lands.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a surveyor-general shall be appointed for the Territory of Oregon, who shall have the same authority, perform the same duties respecting the public lands and private land claims in the Territory of Oregon, as are vested in and required of the surveyor of lands in the United States northwest of the Ohio, except as hereinafter provided.

Sec. 2 And be it further enacted, That the said surveyor-general shall establish his office at such place within the said Territory as the President of the United States may from time to time direct; he shall be allowed an annual salary of two thousand five hundred dollars, to be paid quarter-yearly, and to commence at such time as he shall enter into bond, with competent security, for the faithful discharge of the duties of his office. There shall be, and hereby is, appropriated the sum of four thousand dollars, or as much thereof as is necessary for clerk hire in his office; and the further sum of one thousand dollars per annum for office rent, fuel, books, stationary, and other incidental expenses of his office, to be paid out of the appropriation for surveying the public lands.

Sec.3. And be it further enacted, That if, in the opinion of the Secretary of the Interior, it be preferable, the surveys in the said Territory shall be made after what is known as the geodetic method, under such regulations, and upon such terms, as may be provided by the Secretary of the Interior of other Department having charge of the surveys of the public lands, and that said geodetic surveys shall be followed by topographical surveys, as Congress may from time to time authorize and direct; but if the present mode of survey be adhered to, then it shall be the duty of said surveyor to cause a base line, and meridian to be surveyed, marked, and established, in the usual manner, at or near the mouth of the Willamette River; and he shall also cause to be surveyed, in townships and sections, in the usual manner, and in accordance with the laws of the United States, which may be in force, the district of country lying between the summit of the Cascade Mountains and the Pacific Ocean, and south and north of the Columbia River: Provided, however, That none other than township lines shall be run where the land is deemed unfit for cultivation. That no deputy surveyor shall charge for any line except such as may be actually run and marked, nor for any line not necessary to be run; and that the whole cost of surveying shall not exceed the rate of eight dollars per mile, for every mile and part of mile actually surveyed and marked.

Sec.4. And be it further enacted, That there shall be, and hereby is, granted to every white settler or occupant of the public lands, American half-breed Indians included, above the age of eighteen years, being a citizen of the United States, or having made a declaration according to law, of his intention to become a citizen, or who shall make such declaration on or before the first day of December, eighteen hundred and fifty, and who shall have resided upon and cultivated the same for four consecutive years, and shall otherwise conform to the provisions of this act, the quantity of one half section, or three hundred and twenty acres of land, if a single man, and if a married man, or if he shall become married within one year from the first day of December, eighteen hundred and fifty, the quantity of one section, or six hundred and forty acres, one half to himself and the other half to his wife, and enter the same on the records of his office; and in all cases where such married persons have compiled with the provisions of this act, so as to entitle them to the grant as above provided, whether under the late provisional government of Oregon, or since, and either shall have died before patent issues, the survivor and children or heirs of the deceased shall be entitled to the share or interest of the decreased in equal proportions, except where the deceased shall otherwise dispose of it by testament duly and properly executed according to the laws of Oregon: Provided, That no alien shall be entitled to a patent to land, granted by this act, until he shall produce to the surveyor-general of Oregon, record evidence of his naturalization as a citizen of the United States has been completed; but if any alien, having made his declaration of intention to become a citizen of the United States, after the passage of this act, shall die before his naturalization shall be completed, the possessory right acquired by him under the provisions of this act shall descend to his heirs at law, or pass to his devisees, to whom, as the case may be, the patent shall issue: Provided, further, That in all cases provided for in this section, the donation shall embrace the land actually occupied and cultivated by the settler thereon: Provided, further, That all future contracts by any person or persons entitled to the benefits of this act, for the sale of the land to which he or they may be entitled under this act before he or they have received a patent therefor, shall be void: Provided, further, however, That this section shall not be so construed as to allow those claiming rights under the treaty with Great Britain relative to the Oregon Territory, to claim both under this grant and the treaty, but merely to secure them the election, and confine them to a single grant of land.

Sec.5. And be it further enacted, That to all white male citizens of the United States or persons who shall have made a declaration of intention to become such, above the age of twenty-one years, emigrating to and settling in said Territory between the first day of December, eighteen hundred and fifty, and the first day of December, eighteen hundred and fifty-three; and to all white male citizens, not hereinbefore provided for, becoming one and twenty years of age, in said Territory, and settling there between the times last aforesaid, who shall in other respects comply with the foregoing section and the provisions of this law, there shall be, and hereby is, granted the quantity of one quarter section, or one hundred and sixty acres of land, if a single man; or if married, or if he shall become married within one year after becoming twenty-one years of age as aforesaid, the quantity of one half section, or three hundred and twenty acres, one half to the husband and the other half to the wife in her own right, to be designated by the surveyor-general as aforesaid: Provided always, That no person shall ever receive a patent for more than one donation of land in said Territory in his or her own right: Provided, That no mineral lands shall be located or granted under the provisions of this act.

Sec.6. And be it further enacted, That within three months after the survey has been made, or where the survey has been made before the settlement commenced, then within three months from the commencement of such settlement, each of said settlers shall notify the surveyor-general, to be appointed under this act, of the precise tract or tracts claimed by them respectively under this law, and in all cases it shall be in a compact form; and where it is practicable by legal subdivisions; but where that cannot be done, it shall be the duty of the said surveyor-general to survey and mark each claim with the boundaries as claimed, at the request and expense of the claimant; the charge for the same in each case not to exceed the price paid for surveying the public lands. The surveyor-general shall enter a description of such claims in a book to be kept by him for that purpose, and note, temporarily, on the township plats, the tract or tracts so designated, with the boundaries; and whenever a conflict of boundaries shall arise prior to issuing the patent, the same shall be determined by the surveyor-general: Provided, That after the first December next, all claims shall be bounded by lines running east and west, and north and south: And provided, further, That after the survey is made, all claims shall be made in conformity to the same, and in compact form.

Sec. 7. And be it further enacted, That within twelve months after the surveys have been made, or, where the survey has been made before the settlement, then within twelve months from the time the settlement was commenced, each person claiming a donation right under this act shall prove to the satisfaction of the surveyor-general, or of such other officer as may be appointed by law for that purpose, that the settlement and cultivation required by this act has been commenced, specifying the time of the commencement; and at any time after the expiration of four years from the date of such settlement, whether made under the laws of the late provisional government or not, shall prove in like manner, by two disinterested witnesses, the fact of continued residence and cultivation required by the fourth section of this act; and upon such proof being made, the surveyor-general, or other officer appointed by law for that purpose, shall issue certificates under such rules and regulations as may be prescribed by the commissioner of the general land office, setting forth the facts of the case, and specifying the land to which the parties are entitled. And the said surveyor-general shall return the proof so taken to the office of the commissioner of the general land office, and if the said commissioner shall find no valid objections thereto, patents shall issue for the land according to the certificates aforesaid, upon the surrender thereof.

Sec. 8. And be it further enacted, That upon the death of any settler before the expiration of the four years' continued possession required by this act, all the rights of the deceased under this act shall descend to the heirs at law of such settler, including the widow, where one is left, in equal parts; and proof of compliance with the conditions of this act up to the time of the death of such settler shall be sufficient to entitle them to the patent.

Sec.9. And be it further enacted, That no claim to a donation right under the provisions of this act, upon sections sixteen or thirty-six, shall be valid or allowed, if the residence and cultivation upon which the same is founded shall have commenced after the survey of the same; nor shall such claim attach to any tract or parcel of land selected for a military post, or within one mile thereof, or to any other land reserved for governmental purposes, unless the residence and cultivation thereof shall have commenced pervious to the selection or reservation of the same for such purposes.

Sec.10. And be it further enacted, That there be, and hereby is, granted to the Territory of Oregon the quantity of two townships of land in the said Territory, west of the Cascade Mountains, and to be selected in legal subdivisions after the same has been surveyed, by the legislative assembly of said Territory, in such a manner as it may deem proper, one to be located north, and the other south, of the Columbia River, to aid in the establishment of the university in the Territory of Oregon, in such manner as the said legislative assembly may direct, the selection to be approved by the surveyor-general.

Sec.11. And be it further enacted, That what is known as the "Oregon city claim," excepting the Abernathy Island, which is hereby confirmed to the legal assigns of the Willamette Milling and Trading Companies, shall be set apart and be at the disposal of the legislative assembly, the proceeds thereof to be applied by said legislative assembly to the establishment and endowment of a university, to be located at such place in the Territory as the legislative assembly may designate: Provided, however, That all lots and parts of lots in said claim, sold or granted by Doctor John McLaughlin, previous to the fourth of March, eighteen hundred and forty-nine, shall be confirmed to the purchaser or donee, or their assigns, to be certified to the commissioner of the general land office, by the surveyor-general, and patents to issue on said certificates, as in other cases: Provided, further, That nothing in this act contained shall be so construed or executed, as in any way to destroy or affect any rights to land in said Territory, holden or claimed under the provisions of the treaty or treaties existing between this country and Great Britain.

Sec.12. And be it further enacted, That all persons claiming land under any of the provisions of this act, by virtue of settlement and cultivation commenced subsequent to the first of December, in the year eighteen hundred and fifty, shall first make affidavit before the surveyor-general, who is hereby authorized to administer all such oaths or affirmations, or before some other competent officer, that the land claimed by them is for their own use and cultivation; that they are not acting directly or indirectly as agent for, or in the employment of others, in making such claims; and that they have made no sale or transfer, or any arrangement or agreement for any sale, transfer, or alienation oft he same, or by which the said land shall ensure to the benefits of any other person. And all affidavits required by this act shall be entered of record, by the surveyor-general, in a book to be kept by him for that purpose; and on proof, before a court of competent jurisdiction, that any such oaths or affirmations are false or fraudulent, the persons making such false or fraudulent oaths or affirmations are false or fraudulent, the subject to all the pains and penalties of perjury.

Sec.13. And be it further enacted, That all questions arising under this act shall be ajudged by the surveyor-general as preliminary to a final decision accord to law; and it shall be the duty of the surveyor-general, under the direction of the commissioner of the general land office, to cause proper tract books to be opened for the lands in Oregon, and to do and perform all other acts and things necessary and proper to carry out the provisions of this act.

Sec.14. And be it further enacted, That no mineral lands, nor lands reserved for salines, shall be liable to any claim under and by virtue of the provisions of this act; and that such portions of the public lands as may be designated under the authority of the President of the United States, for forts, magazines, arsenals, dock-yards, and other needful public uses, shall be reserved and excepted from the operation of this act; Provided, That if it shall be deemed necessary, in the judgement of the President, to include in any such reservation the improvements of any settler made previous to the passage of this act, it shall in such case be the duty of the Secretary of War to cause the value of such improvements to be ascertained, and the amount so ascertained shall be paid to the party entitled hereto, out of any money not otherwise appropriated.

Approved, September 27, 1850.

The Organic Act of May I7, 1884 ;Government for Alaska

The Organic Act of May I7, 1884

An Act Providing a Civil Government for Alaska

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the territory ceded to the United States by Russia by the treaty of March thirtieth, eighteen hundred and sixty-seven and known as Alaska, shall constitute a civil and judicial district, the government of which shall be organized and administered as hereinafter provided. The temporary seat of government of said district is hereby established at Sitka.

SEC. 2. That there shall be appointed for the said district a governor, who shall reside therein during his term of office and be charged with the interests of the United States Government that may arise within said district. To the end aforesaid he shall have authority to see that the laws enacted for said district are enforced, and to require the faithful discharge of their duties by the officials appointed to administer the same. He may also grant reprieves for offenses committed against the laws of the district or of the United States until the decision of the President thereon shall be made known. He shall be ex-officio commander-in-chief of the militia of said district, and shall have power to call out the same when necessary to the due execution of the laws and to preserve the peace, and to cause all able-bodied citizens of the United States in said district to enroll and serve as such when the public exigency demands; and he shall perform generally in and over said district such acts as pertain to the office of governor of a territory, so far as the same may be made or become applicable thereto. He shall make an annual report, on the first day of October in each year, to the President of the United States, of his official acts and doings, and of the condition of said district, with reference to its resources, industries, population, and the administration of the civil government thereof. And the President of the United States shall have power to review and to confirm or annul any reprieves granted or other acts done by him.

SEC. 3. That there shall be, and hereby is, established a district court for said district, with the civil and criminal jurisdiction of district courts of the United States, and the civil and criminal jurisdiction of district courts of the United States exercising the jurisdiction of circuit courts, and such other jurisdiction, not inconsistent with this act, as may be established by law; and a district judge shall be appointed for said district, who shall during his term of office reside therein and hold at least two terms of said court therein in each year, one at Sitka, beginning on the first Monday in May, and the other at Wrangell, beginning on the first Monday in November. He is also authorized and directed to hold such special sessions as may be necessary for the dispatch of the business of said court, at such times and places in said district as he may deem expedient, and may adjourn such special session to any other time previous to a regular session. He shall have authority to employ interpreters, and to make allowances for the necessary expenses of his court.

SEC. 4. That a clerk shall be appointed for said court, who shall be ex-officio secretary and treasurer of said district, a district attorney, and a marshal, all of whom shall during their terms of office reside therein. The clerk shall record and preserve copies of all the laws, proceedings, and official acts applicable to said district. He shall also receive all moneys collected from fines, forfeitures, or in any other manner except from violations of the custom laws, and shall apply the same to the incidental expenses of the said district court and the allowances thereof, as directed by the judge of said court, and shall account for the same in detail, and for any balances on account thereof, quarterly, to and under the direction of the Secretary of the Treasury. He shall be ex-officio recorder of deeds and mortgages and certificates of location of mining claims and other contracts relating to real estate and register of wills for said district, and shall establish secure offices in the towns of Sitka and Wrangell, in said district for the safekeeping of all his official records, and of records concerning the reformation and establishment of the present status of titles to lands, as hereinafter directed: Provided, That the district court hereby created may direct, if it shall deem it expedient, the establishment of separate offices at the settlements of Wrangell, Oonalashka, and Juneau City, respectively, for the recording of such instruments as may pertain to the several natural divisions of said district most convenient to said settlements, the limits of which shall, in the event of such direction, be defined by said court; and said offices shall be in charge of the commissioners respectively as hereinafter provided.

SEC. 5. That there shall be appointed by the President four commissioners in and for the said district who shall have the jurisdiction and powers of commissioners of the United States circuit courts in any part of said district, but who shall reside, one at Sitka, one at Wrangell, one at Oonalashka, and one at Juneau City. Such commissioners shall exercise all the duties and powers, civil and criminal, now conferred on justices of the peace under the general laws of the State of Oregon, so far as the same may be applicable in said district, and may not be in conflict with this act or the laws of the United States. They shall also have jurisdiction, subject to the supervision of the district judge, in all testamentary and probate matters, and for this purpose their courts shall be opened at stated terms and be courts of record, and be provided with a seal for the authentication of their official acts. They shall also have power to grant writs of habeas corpus for the purpose of inquiring into the cause of restraint of liberty, which writs shall be made returnable before the said district judge for said district; and like proceedings shall be had thereon as if the same had been granted by said judge under the general laws of the United States in such cases. Said commissioners shall also have the powers of notaries public, and shall keep a record of all deeds and other instruments of writing acknowledged before them and relating to the title to or transfer of property within said district, which record shall be subject to public inspection. Said commissioners shall also keep a record of all fines and forfeitures received by them, and shall pay over the same quarterly to the clerk of said district court. The governor appointed under the provisions of this act shall, from time to time, inquire into the operations of the Alaska Seal and Fur Company, and shall annually report to Congress the result of such inquiries and any and all violations by said company of the agreement existing between the United States and said company.

SEC. 6. That the marshal for said district shall have the general authority and powers of the United States marshals of the States and Territories. He shall be the executive officer of said court, and charged with the execution of all process of said court and with the transportation and custody of prisoners, and he shall be ex-officio keeper of the jail or penitentiary of said district. He shall appoint four deputies, who shall reside severally at the towns of Sitka, Wrangell, Oonalashka, and Juneau City, and they shall respectively be ex-officio constables and executive officers of the commissioners' courts herein provided, and shall have the powers and discharge the duties of United States deputy marshals, and those of constables under the laws of the State of Oregon now in force.

SEC. 7. That the general laws of the State of Oregon now in force are hereby declared to be the law in said district, so far as the same may be applicable and not in conflict with the provisions of this act or the laws of the United States; and the sentence of imprisonment in any criminal case shall be carried out by confinement in the jail or penitentiary hereinafter provided for. But the said district court shall have exclusive jurisdiction in all cases in equity or those involving a question of title to land, or mining rights, or the constitutionality of a law, and in all criminal offenses which are capital. In all civil cases, at common law, any issue of fact shall be determined by a jury, at the instance of either party; and an appeal shall lie in any case, civil or criminal, from the judgment of said commissioners to the said district court where the amount involved in any civil case is two hundred dollars or more, and in any criminal case where a fine of more than one hundred dollars or imprisonment is imposed, upon the filing of a sufficient appeal bond by the party appealing, to be approved by the court or commissioner. Writs of error in criminal cases shall issue to the said district court from the United States circuit court for the district of Oregon in the cases provided in chapter one hundred and seventy-six of the laws of eighteen hundred and seventy-nine; and the jurisdiction thereby conferred upon circuit courts is hereby given to the circuit court of Oregon. And the final judgments or decrees of said circuit and district court may be reviewed by the Supreme Court of the United States as in other cases.

SEC. 8. That the said district of Alaska is hereby created a land district, and a United States land-office for said district is hereby located at Sitka. The commissioner provided for by this act to reside at Sitka shall be ex-officio register of said land-office, and the clerk provided for by this act shall be ex-officio receiver of public moneys and the marshal provided for by this act shall be ex-officio surveyor-general of said district and the laws of the United States relating to mining claims, and the rights incident thereto, shall, from and after the passage of this act, be in full force and effect in said district, under the administration thereof herein provided for, subject to such regulations as may be made by the Secretary of the Interior, approved by the President: Provided, That the Indians or other persons in said district shall not be disturbed in the possession of any lands actually in their use or occupation or now claimed by them but the terms under which such persons may acquire title to such lands is reserved for future legislation by Congress; And provided further, That parties who have located mines or mineral privileges therein under the laws of the United States applicable to the public domain, or who have occupied and improved or exercised acts of ownership over such claims, shall not be disturbed therein, but shall be allowed to perfect their title to such claims by payment as aforesaid: And provided also, That the land not exceeding six hundred and forty acres at any station now occupied as missionary stations among the Indian tribes in said section, with the improvements thereon erected by or for such societies shall be continued in the occupancy of the several religious societies to which said missionary stations respectively belong until action by Congress. But nothing contained in this act shall be construed to put in force in said district the general land laws of the United States.

SEC. 9. That the governor, attorney, judge, marshal, clerk, and commissioners provided for in this act shall be appointed by the President of the United States, by and with the advice and consent of the Senate, and shall hold their respective offices for the term of four years, and until their successors are appointed and qualified. They shall severally receive the fees of office established by law for the several offices the duties of which have been hereby conferred upon them, as the same are determined and allowed in respect of similar offices under the laws of the United States, which fees shall be reported to the Attorney-General and paid into the Treasury of the United States. They shall receive respectively the following annual salaries. The governor, the sum of three thousand dollars; the attorney, the sum of two thousand five hundred dollars; the marshal, the sum of two thousand five hundred dollars; the judge, the sum of three thousand dollars; and the clerk, the sum of two thousand five hundred dollars, payable to them quarterly from the Treasury of the United States. The District Judge, Marshal, and District Attorney shall be paid their actual, necessary expenses when travelling in the discharge of their official duties. A detailed account shall be rendered of such expenses under oath and as to the marshal and district attorney such account shall be approved by the judge, and as to his expenses by the Attorney-General. The commissioners shall receive the usual fees of United States commissioners and of justices of the peace of Oregon, and such fees for recording instruments as are allowed by the laws of Oregon for similar services and in addition a salary of one thousand dollars each. The deputy marshals, in addition to the usual fees of constables in Oregon, shall receive each a salary of seven hundred and fifty dollars, which salaries shall also be payable quarterly out of the Treasury of the United States. Each of said officials shall, before entering on the duties of his office, take and subscribe an oath that he will faithfully execute the same, which said oath may be taken before the judge of said district or any United States district or circuit judge. That all officers appointed for said district, before entering upon the duties of their offices, shall take the oaths required by law and the laws of the United States, not locally inapplicable to said district and not inconsistent with the provisions of this act are hereby extended thereto; but there shall be no legislative assembly in said district, nor shall any Delegate be sent to Congress therefrom. And the said clerk shall execute a bond, with sufficient sureties, in the penalty of ten thousand dollars, for the faithful performance of his duties, and file the same with the Secretary of the Treasury before entering on the duties of his office; and the commissioners shall each execute a bond, with sufficient sureties, in the penalty of three thousand dollars, for the faithful performance of their duties, and file the same with the clerk before entering on the duties of their office.

SEC. 10. That any of the public buildings in said district not required for the customs service or military purposes shall be used for court-rooms and offices of the civil government; and the Secretary of the Treasury is hereby directed to instruct and authorize the custodian of said buildings forthwith to make such repairs to the jail in the town of Sitka, in said district, as will render it suitable for a jail and penitentiary for the purposes of the civil government hereby provided, and to surrender to the marshal the custody of said jail and the other public buildings, or such parts of said buildings as may be selected for court-rooms, offices, and officials.

SEC. 11. That the Attorney-General is directed forthwith to compile and cause to be printed, in the English language, in pamphlet form, so much of the general laws of the United States as is applicable to the duties of the governor, attorney, judge, clerk, marshals, and commissioners appointed for said district, and shall furnish for the use of the officers of said territory so many copies as may be needed of the laws of Oregon applicable to said district.

SEC. 12. That the Secretary of the Interior shall select two of the officers to be appointed under this act, who, together with the governor, shall constitute a commission to examine into and report upon the condition of the Indians residing in said Territory, what lands, if any, should be reserved for their use, what provision shall be made for their education, what rights by occupation of settlers should be recognized, and all other facts that may be necessary to enable Congress to determine what limitations or conditions should be imposed when the land laws of the United States shall be extended to said district; and to defray the expenses of said commission the sum of two thousand dollars is hereby appropriated out of any moneys in the Treasury not otherwise appropriated.

SEC. 13. That the Secretary of the Interior shall make needful and proper provision for the education of children of school age in the Territory of Alaska, without reference to race, until such time as permanent provision shall be made for the same, and the sum of twenty-five thousand dollars, or so much thereof as may be necessary is hereby appropriated for this purpose.

SEC. 14. That the provisions of chapter three, title twenty-three, of the Revised Statutes of the United States, relating to the unorganized Territory of Alaska, shall remain in full force, except as herein specially otherwise provided; and the importation, manufacture and sale of intoxicating liquors in said district except for medicinal, mechanical, and scientific purposes is hereby prohibited under the penalties which are provided in section nineteen hundred and fifty-five of the Revised Statutes for the wrongful importation of distilled spirits. And the President of the United States shall make such regulations as are necessary to carry out the provisions of this section.
Approved, May 17, 1884.

23 Stat. L., 24.

Organic Law for the Territory of New Mexico

Organic Law for the Territory of New Mexico, Compiled Under the Directions of General Kearny; September 22, 1846
[Received at the War Department November 23,1846.]
ORGANIC LAW OF THE TERRITORY OF NEW MEXICO.

The government of the United States of America ordains and establishes the following organic law for the territory of New Mexico, which has become a territory of the said government:
ARTICLE I.

SEC. 1. The country heretofore known as New Mexico shall be known hereafter and designated as the territory of New Mexico, in the United States of America, and the temporary government of the said territory shall be organized and administered in the manner herein prescribed.
ARTICLE II.
Executive power.

SEC. 1. The executive power shall be vested in a governor, who shall reside in the said territory, and shall hold his office for two years, unless sooner removed by the President of the United States.

He shall be the commander-in-chief of the militia of the said territory, except when called into the service of the United States, and ex officio superintendent of Indian affairs.

He shall have power to fill all civil and military offices which shall be established, the appointments to which shall not be otherwise provided for by law.

He shall cause the laws to be distributed and faithfully executed, and shall be conservator of the peace throughout the territory.

He shall, from time to time, inform the general assembly of the condition of the government, and shall recommend all necessary measures, and may convene them on extraordinary occasions by proclamation, stating the purpose for which they are convened.

Whenever any office shall become vacant, he shall fill the same, until a successor shall be properly appointed and qualified. He shall have power to remit fines and forfeitures, and grant reprieves and pardons for all offenses against the laws of the territory and reprieves in all cases against the laws of the United States, until the decision of the President thereof can be known.

SEC. 2. There shall be a secretary of the territory who shall hold his office for two years, unless sooner removed by the President of the United States.

He shall, under the direction of the governor, record and preserve all the proceedings and papers of the executive, and all acts of the general assembly, and transmit copies of the same to the President every six months.

In case of a vacancy in the office of governor, the secretary shall discharge the duties of governor until another be appointed and qualified.

SEC. 3. There shall be a marshal, a United States district attorney, an auditor of public accounts, and a treasurer, for the territory, and a sheriff and coroner for each county, whose duty shall be defined by law.
ARTICLE III.
Legislative power.

SEC. 1. The legislative power shall be vested in a general assembly, which shall consist of a legislative council and a house of representatives.

SEC. 2. The house of representatives shall consist of members to be chosen every two years by the qualified electors of' the several counties; and the legislative council shall consist of members to be chosen every four years by the qualified electors of their respective districts.

SEC. :3. No person shall be eligible to the house of representatives who shall not have attained to the age of twenty-four years, who shall not be a free male citizen of the territory of New Mexico, and who shall not have been an inhabitant of the county 'he may be chosen to represent at least six months next preceding his election.

SEC. 4. No person shall be eligible to the legislative council who shall not have attained to the age of thirty years, who shall not be a free male citizen of the territory of New Mexico, and who shall not have been an inhabitant of the district which he may be chosen to represent at least six months next Receding his election, if such district shall be so long established; but if not, then of the district or districts from which the same shall have been taken.

SEC. 5. The legislative council shall never be more than one-third as numerous as the house of representatives for the election of whom the territory shall be divided into convenient districts, whit h may be altered from time to time, and new districts established, as public convenience may require.

SEC. 6. The general assembly shall divide the territory into a convenient number of counties, and shall apportion the members of the house of representatives among the same according to the free male population; but the whole number of its members shall never exceed twenty-one, until otherwise directed by the law of the United States.

SEC. 7. Until the legislative power shall otherwise direct, the territory of New Mexico shall retain the division of counties and districts established by the decree of the department of New Mexico, of June 17, 1844, and they shall be represented as follows: In the house of representatives, the county of Santa Fe shall have three members; the county of San Miguel del Bado, three; the county of Rio Arriva, three; the county of Valencia, five; the county of Taos, three; the county of Santa Anna, two; and the county of Bernalillo, two. In the legislative council, the central district shall have three members; in the northern district two members; and the southeastern districts two members; which apportionment shall continue until otherwise directed by law.

SEC. 8. All free male citizens of the territory of New Mexico who then are, and for three months next preceding the election shall have been, residents of the county or district in which they shall offer to vote, shall be entitled to vote for a delegate to the Congress of the United States, anti for members of the general assembly, and for all other officers elected by the people.

SEC. 9. The first election for a delegate to Me Congress of the United States, and for members of the general assembly, shall be on the first Monday in August, A D 1847 And the governors by proclamations shall designate as many places in each county as may be necessary for the public conveniences at which the electors may vote.

SEC. 10. The general assembly shall convene at the city of Santa Fe, on the first Monday in December 7 A. D. 1847, and on the first Monday in December every two years thereafter, until otherwise provided by law; and each house shall elect one of its own members as a speaker, and shall choose clerks and such other officers As may be necessary; and shall sit from day to day, on its own adjournments, until all its business shall be finished.

SEC. 11. In case of a vacancy in either house, by death or otherwise, the governor shall issue a writ to the county or district from which such member was elected to elect another for the residue of the term.

SEC. 12. No person who now is, or hereafter may be, a collector of holder of public money assistants or deputy thereof shall be eligible to any office of profit or trust, until he shall have accounted for, and paid over, all sums for which he may be accountable; and no person holding any lucrative office under the United States, or this territory, except militia officers and justices of the peace shall be eligible to either house of the general assembly. No person who shall be convicted of having, directly or indirectly, given or offered any bribe to procure his own election or appointment, or the election or appointment of any other person, or who shall be 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.

SEC. 13. The general assembly shall have power to make laws in all cases, both civil and criminals for the good government of the people of this territory, not inconsistent with, or repugnant to, the constitution and laws of the United States; to establish inferior courts, and prescribe their jurisdiction and duties; and to create other offices in said territory, and to fix the fees of officer, and provide for the payment of the same, except those whose payment is provided for by the government of the United States. Each house shall judge of the election, qualifications, and returns of its own members. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members. Each house shall make its own rules of proceedings, punish its members for disorderly behavior, and two-thirds of all the members elected may expel a member; but no member shall be expelled twice for the same offense.. Each house shall keep, and publish from time to time, a journal of its proceedings; all votes in the house shall be "viva voce," and, on the final passage of all bills, shall be entered on the journals.

SEC. 14. Any bill may originate in either house, and may be altered, amended, or rejected by the other, and shall be read on three different days in each house; and, having passed both houses, shall be signed by their respective sneakers, and presented to the governor for his approval. If he approve the same, he shall sign it; if he disapprove it, he shall return it to the house in which it originated, within six days, with his objections; if he fail to return it within six days, or, after it shall have been returned, it again pass both houses, it shall be a law without the governor's approval.

SEC. 15. The members of the general assembly shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest in going to, returning from, and during their attendance on their respective houses; and, for any speech or debate in either houses they shall not be questioned in any other place.

SEC. 16. The sittings of each house shall be public, except when secrecy shall be required; and each house may punish any persons not a member, for disorderly or contemptuous behaviour in their presence while in session, by a fine not exceeding three hundred dollars, or imprisonment not exceeding forty-eight hours, for one offence.

SEC. 17. Each member of the general assembly shall receive three dollars a day for each day he may attend the house of which he is a member, and three dollars for every twenty-five miles he must travel in going from his residence to the place of meeting, and returning from thence; and the speaker of each house shall receive five dollars a day for every day he may attend the house of which he is a member, and the same mileage with other members. The other officers of the general assembly shall receive such compensation as the law may provide.

SEC. 18. The style of all laws shall be: " Be it enacted by the general assembly of the territory of New Mexico."
ARTICLE IV.
Judicial power.

SEC. 1. The judicial power shall be vested in a superior court, and inferior tribunals, to be established by law.

SEC. 2. The superior court shall consist of three judges, to be appointed by the President of the United States. One of them shall be the presiding judge, and the others associate judges. The Judges shall be conservators of-the peace throughout the territory' and shall hold courts at such times and places, and perform such duties, as shall be prescribed by law.

SEC. 3. The superior court shall have a general superintending control over all inferior courts and tribunals of justice, and shall have power to issue original writs to compel inferior courts, and their officers, to perform their duties according to law, whenever they may fail or refuse so to do.

SEC. 4. Every court and tribunal of justice shall appoint its oven clerk, who shall hold his office during the continuance of the temporary government, unless sooner removed by his respective court.

SEC. 5. All officers, both civil and military, shall, before entering on the duties of their office, take an oath to support the constitution of the United States, and to faithfully demean themselves in office.
ARTICLE V.
Miscellaneous.

SEC. 1. Members of the general assembly; the governor, whose salary shall he $2,000 a year; the secretary of the territory Whose salary shall be $1,200 a year; the judges of the superior courts whose salaries shall be $1500 a year each; the marshal of the territory, whose salary shall be $500 a year; the United States district attorney, whose salary shall be $500 a year, shall be paid out of the treasury of the United States. The auditor and treasurer shall each receive a salary of $500 a year, one-half of which shall be paid out of the treasury of the United States, and the remainder out of the territorial treasury.

SEC. 2. The governor, secretary of the territory, marshal, and United States district attorney, shall be appointed by the President of the United States. The auditor and treasurer shall be elected every two years by joint vote of the general assembly, and shall hold their respective offices for two years' and until their successors are duly elected and qualified.

Sac. 3. All offices in this territory are hereby declared vacant, except such as have been filled by the appointments of Brigadier General Kearny; and all offices created by this law shall be filled by appointments of Brigadier General Kearny or his successor until tile government is fully organized, in accordance with thy provisions of this law.

SEC. 4. Schools and the means of education shall be forever encouraged in this territory. One or More schools shall be established in each village as soon as practicable, where the poor shall be educated free of all charges.
Bill of Rights.

That the great and essential principles of liberty and free government may be recognized and established, it is hereby declared-

1st. That all political power is vested in and belongs to the people.

2d. That the people have the right peaceably to assemble for their common good, and to apply to those in power for redress of grievances, by petition or remonstrance.

3d. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their consciences; that no person can ever be hurt, molested, or restrained in his religious professions, if he do not disturb others in their religious worship, and that all Christian churches shall be protected and none oppressed, and that no person, on account of his religious opinions, shall be rendered ineligible to any office of honor, trust, or profit.

4th. That courts of justice shall be open to every person; just remedy given for every injury to person and property; that right and justice shall be administered without sale, denial, or delay, and that no private property shall be taken for public use without just compensation.

5th. That the right of trial by jury shall remain inviolate.

6th. That in all criminal cases the accused has the right to be heard by himself and counsel; to demand the nature and cause of the accusation; to have compulsory process for witnesses in his favor; to meet the witnesses against him face to face, and to have a speedy trial by a jury of his country.

7th. The accused cannot be compelled to give evidence against himself, or be deprived of life, liberty, or property, but by a verdict of a jury and the laws of the land.

8th. No person, after having been once acquitted by a jury, can be tried a second time for the same offense..

9th. That all persons shall be bailed by sufficient sureties, except in capital offences, where the proof of guilt is evident; and the privileges of the writ of "habeas corpus" cannot be suspended, except the public safety shall require it, in the case of a rebellion or invasion.

10th. Excessive bail shall not be required, excessive fines imposed, nor cruel and unusual punishments inflicted.

11th. That the people shall be secure in their persons, papers, houses, and effects, from unreasonable searches and seizures; and that no writ shall issue for search or seizure without probable case of guilt is made out under oath.

12th. That the free communication of thoughts and opinions is one of the invaluable rights of freemen, and that every person may freely speak, write, and print on any subject, being responsible for every abuse of that liberty.

13th. That no vicars priest, preacher of the gospel, nor teacher of any religious denomination, shall ever be compelled to bear arms, or to serve on juries, work on roads, or perform military duty.

Done at the government house, in the city of Santa Fé, in the territory of New Mexico, by Brigadier General Stephen W. Kearny, by virtue of the power and authority conferred on him by the government of the United States, this twenty-second September, 1846.

S. W. KEARNY,

Brigadier General U. S. A.

Organic Law: Example 1: The Northwest Ordinace

Northwest Ordinace (July 13, 1787)

An Ordinance for the government of the Territory of the United States northwest of the River Ohio.

Be it ordained by the United States in Congress assembled, That the said territory, for the purposes of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient.

Be it ordained by the authority aforesaid, That the estates, both of resident and nonresident proprietors in the said territory, dying intestate, shall descent to, and be distributed among their children, and the descendants of a deceased child, in equal parts; the descendants of a deceased child or grandchild to take the share of their deceased parent in equal parts among them: And where there shall be no children or descendants, then in equal parts to the next of kin in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parents' share; and there shall in no case be a distinction between kindred of the whole and half blood; saving, in all cases, to the widow of the intestate her third part of the real estate for life, and one third part of the personal estate; and this law relative to descents and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed by him or her in whom the estate may be (being of full age), and attested by three witnesses; and real estates may be conveyed by lease and release, or bargain and sale, signed, sealed and delivered by the person being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers shall be appointed for that purpose; and personal property may be transferred by delivery; saving, however to the French and Canadian inhabitants, and other settlers of the Kaskaskies, St. Vincents and the neighboring villages who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance, of property.

Be it ordained by the authority aforesaid, That there shall be appointed from time to time by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein in 1,000 acres of land, while in the exercise of his office.

There shall be appointed from time to time by Congress, a secretary, whose commission shall continue in force for four years unless sooner revoked; he shall reside in the district, and have a freehold estate therein in 500 acres of land, while in the exercise of his office. It shall be his duty to keep and preserve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his executive department, and transmit authentic copies of such acts and proceedings, every six months, to the Secretary of Congress: There shall also be appointed a court to consist of three judges, any two of whom to form a court, who shall have a common law jurisdiction, and reside in the district, and have each therein a freehold estate in 500 acres of land while in the exercise of their offices; and their commissions shall continue in force during good behavior.

The governor and judges, or a majority of them, shall adopt and publish in the district such laws of the original States, criminal and civil, as may be necessary and best suited to the circumstances of the district, and report them to Congress from time to time: which laws shall be in force in the district until the organization of the General Assembly therein, unless disapproved of by Congress; but afterwards the Legislature shall have authority to alter them as they shall think fit.

The governor, for the time being, shall be commander in chief of the militia, appoint and commission all officers in the same below the rank of general officers; all general officers shall be appointed and commissioned by Congress.

Previous to the organization of the general assembly, the governor shall appoint such magistrates and other civil officers in each county or township, as he shall find necessary for the preservation of the peace and good order in the same: After the general assembly shall be organized, the powers and duties of the magistrates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers not herein otherwise directed, shall during the continuance of this temporary government, be appointed by the governor.

For the prevention of crimes and injuries, the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed from time to time as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature.

So soon as there shall be five thousand free male inhabitants of full age in the district, upon giving proof thereof to the governor, they shall receive authority, with time and place, to elect a representative from their counties or townships to represent them in the general assembly: Provided, That, for every five hundred free male inhabitants, there shall be one representative, and so on progressively with the number of free male inhabitants shall the right of representation increase, until the number of representatives shall amount to twenty five; after which, the number and proportion of representatives shall be regulated by the legislature: Provided, That no person be eligible or qualified to act as a representative unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and, in either case, shall likewise hold in his own right, in fee simple, two hundred acres of land within the same; Provided, also, That a freehold in fifty acres of land in the district, having been a citizen of one of the states, and being resident in the district, or the like freehold and two years residence in the district, shall be necessary to qualify a man as an elector of a representative.

The representatives thus elected, shall serve for the term of two years; and, in case of the death of a representative, or removal from office, the governor shall issue a writ to the county or township for which he was a member, to elect another in his stead, to serve for the residue of the term.

The general assembly or legislature shall consist of the governor, legislative council, and a house of representatives. The Legislative Council shall consist of five members, to continue in office five years, unless sooner removed by Congress; any three of whom to be a quorum: and the members of the Council shall be nominated and appointed in the following manner, to wit: As soon as representatives shall be elected, the Governor shall appoint a time and place for them to meet together; and, when met, they shall nominate ten persons, residents in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress; five of whom Congress shall appoint and commission to serve as aforesaid; and, whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualified as aforesaid, for each vacancy, and return their names to Congress; one of whom congress shall appoint and commission for the residue of the term. And every five years, four months at least before the expiration of the time of service of the members of council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress; five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and house of representatives, shall have authority to make laws in all cases, for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all bills, having passed by a majority in the house, and by a majority in the council, shall be referred to the governor for his assent; but no bill, or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, prorogue, and dissolve the general assembly, when, in his opinion, it shall be expedient.

The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity and of office; the governor before the president of congress, and all other officers before the Governor. As soon as a legislature shall be formed in the district, the council and house assembled in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating but not voting during this temporary government.

And, for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions are erected; to fix and establish those principles as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory: to provide also for the establishment of States, and permanent government therein, and for their admission to a share in the federal councils on an equal footing with the original States, at as early periods as may be consistent with the general interest:

It is hereby ordained and declared by the authority aforesaid, That the following articles shall be considered as articles of compact between the original States and the people and States in the said territory and forever remain unalterable, unless by common consent, to wit:

Art. 1. No person, demeaning himself in a peaceable and orderly manner, shall ever be molested on account of his mode of worship or religious sentiments, in the said territory.

Art. 2. The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; of a proportionate representation of the people in the legislature; and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital offenses, where the proof shall be evident or the presumption great. All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers or the law of the land; and, should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is understood and declared, that no law ought ever to be made, or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements, bona fide, and without fraud, previously formed.

Art. 3. Religion, morality, and knowledge, being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and property shall never be taken from them without their consent; and, in their property, rights, and liberty, they shall never be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity, shall from time to time be made for preventing wrongs being done to them, and for preserving peace and friendship with them.

Art. 4. The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the federal debts contracted or to be contracted, and a proportional part of the expenses of government, to be apportioned on them by Congress according to the same common rule and measure by which apportionments thereof shall be made on the other States; and the taxes for paying their proportion shall be laid and levied by the authority and direction of the legislatures of the district or districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The legislatures of those districts or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers. No tax shall be imposed on lands the property of the United States; and, in no case, shall nonresident proprietors be taxed higher than residents. The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost, or duty therefor.

Art. 5. There shall be formed in the said territory, not less than three nor more than five States; and the boundaries of the States, as soon as Virginia shall alter her act of cession, and consent to the same, shall become fixed and established as follows, to wit: The western State in the said territory, shall be bounded by the Mississippi, the Ohio, and Wabash Rivers; a direct line drawn from the Wabash and Post Vincents, due North, to the territorial line between the United States and Canada; and, by the said territorial line, to the Lake of the Woods and Mississippi. The middle State shall be bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line, drawn due north from the mouth of the Great Miami, to the said territorial line, and by the said territorial line. The eastern State shall be bounded by the last mentioned direct line, the Ohio, Pennsylvania, and the said territorial line: Provided, however, and it is further understood and declared, that the boundaries of these three States shall be subject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two States in that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And, whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States in all respects whatever, and shall be at liberty to form a permanent constitution and State government: Provided, the constitution and government so to be formed, shall be republican, and in conformity to the principles contained in these articles; and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand.

Art. 6. There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes whereof the party shall have been duly convicted: Provided, always, That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfully reclaimed and conveyed to the person claiming his or her labor or service as aforesaid.

Be it ordained by the authority aforesaid, That the resolutions of the 23rd of April, 1784, relative to the subject of this ordinance, be, and the same are hereby repealed and declared null and void.

Publishers; Honest or lazy

This table in Spacecraft Systems Engineering (second edition),Fortescue and Stark eds. published by John Wiley & Sons.; in 2003!

is a serious error.

A rough draft corrected version...


No errata sheet found

Update:
NYT says lazy
"Most publishers prefer to fix mistakes quietly, between editions. In
extreme cases a publisher may slip in an errata note, but this is
highly unusual."
"Falsehoods like these seep into the record, infecting newspapers and
magazines, which often rely on books as main sources."