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allow the final deppointed. of the court lerk shall ered

Habeas
Corpus,

courts to the supreme court, 'under such regulations as may be prescribed by law ; but in no case removed to

the supreme court shall trial by jury be allowed in :.:.said court. The supreme court, or the justices thereof

i shall appoint its own clerk, and every clerk shall hold 11:1his office at the pleasure of the court for which he

shall have been appointed. Writs of error and appeals from the final decisions of said supreme court, shall be allowed, and may be taken to the supreme court of the United States, in the same manner and under the same regulations as from the circuit courts of the United States, where the value of the property or the amount in controversy, to be ascertained by the oath

or affirmation of either party, or other competent witsvi ness, shall exceed one thousand dollars; and each of

the said district courts shall have and exercise the

same jurisdiction, in all cases arising under the con921897stitution 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 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 as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and law, 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 receive Pay of Clerk.

in all such cases the same fees which the clerks of the

district courts of Oregon Territory received for similar Boga, i services,

Sec. 10, And be it further enacted, That there shall be Attorney.

appointed an Attorney for said Territory, who shall continue in office for four years, unless sooner removed by the President, and who shall receive the same fees and salary as the Attorney of the United States for the

late Territory of Oregon. There shall also be a MarMarsbal. shal for the Territory appointed, who shall hold his

offiee for four years, unless sooner removed by the President, and who shall execute all processes issuing from said courts when exercising their jurisdiction as circuit and district courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be entitled to the same fees as the Marshal of the district court of the United States

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ORGANIC ACT.

Judges, etc.

appointed

President.

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for the late Territory of Oregon, and shall, in addition,
be paid two hundred dollars annually as a compensa-
tion for extra services. vh.... i is ,',
· SEC. 11. And be it further enacted, That the Governor,

Governor. Secretary, Chief Justice and Associate Justices, Attor- to be ney and Marshal, shall be nominated and, by and with by the the advice and consent of the Senate, appointed by the P.esident of the United States. The Governor and Secretary to be appointed as aforesaid, shall, before

How quali they act as such, respectively take an oath or affirm- dod. ation before the District Judge or some Justice of the - sofer Peace in the limits of said Territory duly authorized to administer oaths and affirmations by the laws now in force therein, or before the Chief Justice or some Associate Justice of the supreme court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificate shall be received and recorded by the Secretary among the executive proceedings; and the Chief Justice and Associate Justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation before the said Governor or Secretary, or some Judge or Justice of the Peace of the Territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the Secretary, to be by him recorded as aforesaid; and afterwards the like oath or affirmation shall be taken, certified and recorded in such manner and form as may be preseribed by law. The Governor sa shall receive an annual salary of fifteen hundred dollars as Governor, and one thousand dollars as Superintendent of Indian Affairs: the Chief Justice and Associate Justices shall each receive an annual salary of eighteen hundred dollars; the Secretary shall receive an annual salary of eighteen hundred dollars. The said salaries je shall be paid quarter-yearly at-tue Treasury of the United States. The members of the Legislative Pay of Assembly shall be entitled to receive three dollars each members of per day, during their attendance' at the session thereof, bly. and three dollars for every twenty miles travel in going to and returning from the said sessions, estimated according to the nearest usually traveled route. There Contingent

exponses. shall be appropriated annually the sum of one thousand dollars, to be experided by the Governor, to de

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of thperritoreidental sembly, theo defrag retary and which the asury of thnually ace and thens of thellam

the legisla. ture.

fray the contingent expenses of the Territory. There shall also be appropriated annually a sufficient sum, to be expended by the Secretary of the Territory, and

upon an estimate to be made by the Secretary of the hivi Treasury of the United States, to defray the expenses L of the Legislative Assembly, the printing of the laws,

and other incidental expenses; and the Secretary of the Territory shall annually account to the Secretary

of the Treasury of the United States for the manner in

· which the aforesaid sum shall have been expended.dk Sessions of Sec, 12. And be it further enacted, That the Legislative

Assembly of the Territory of Colorado shall hold its first session at such time and place in said Territory as the Governor thereof shall appoint and dircct; and at said first session, or as soon thereafter as they shall deem expedient, the Governor and Legislative Assembly shall proceed to locate and establish the seat of gevernment for said Territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said. Governor

and Legislative Assembly. D et ved '10> Delegate to "SEC, 13. And be it further enacted, That a delegate to Congress,

the House of Representatives of the United States, to serve during each Congress of the United States,, may be elected by the voters qaulified to elect members of the Legislative Assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other Territories of the United States to the said House of Representatives, 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 at all subsequent elections the times, places and manner of hoiding elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the Governor to be duly elected, and a certificate thereof shall be given accordingly.

Sec. 14. And be it further enacted, That when the land served.

in the said Territory shall be surveyed, under the direction of [the government of the United States, preparatory to bringing the same into markte, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are, hereby reserved for the purpose of being applied to schools in the States hereafter to be erected out of the same.

Sec. 15. And be it further enacted, That temporarily, and until otherwise provided by law, the Governor of

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said Territory, may define the judicial districts of said Judicial dis Territory and assign the judges who may be appointed time of för said Territory to the several districts, and also ap- couries point the times and places for holding courts in the several counties or sub-divisions in each of said judicial districts by proclamation to be issued by him; but the Legislative Assembly at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient...! SEO, 16. And be it further enacted. That the Constitu- Constitution

and laws tion and all laws of the United States which are not applicable, locally inapplicable shall have the same force and effect etc within the said Territory of Colorado as elsewhere within the United States.' .:;;, '; ,3 "P"},, ;

Surveyor Sec. 17, And be it further enacted, That the President Generai, of the United States, by and with the advice and con- etc. sent of the Senate, shall be and he is hereby authorized to appoint a Surveyor General for Colorado, who'shall locate his office at such place as the Secretary of the Interior shall from time to time direct, and whose duties, powers, obligations, responsibilities, compensation and allowances for clerk hire, office rent, fuel, and ineidental expenses, shall be the same as those of the Surveyor General of New Mexico, under the direction of the Secretary of the Interior, and such instructions as he may from time to time deem it advisable to give him.

Approved February 28, 1861.

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TO AMEND AN ACT ENTITLED "AN ACT TO PROVIDE A

TEMPORARY GOVERNMENT FOR THE TERRITORY OF
COLORADO." ; 'is'it is u iji

'

Governor.

Be it enacted by the Senate and House of Representatives, ...'";!93 of the Uneted States of America in Congress assembled

That the second section of the act to which this act is an amendment be altered so as to read as follows: The executive power and authority in and over said Territory of Colorado shall be vested in a Governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United Statee. The Governor shall reside within said Territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian Affairs; he may grant pardons for offences against the laws of said 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 said Territory, and shall take care that the laws be faithfully

executed. Voto power. SEC. 2. And be it further enacted, That every bill

which shall have passed the legislative assembly shall, before it become a lew, be presented to the Governor of the Territory; if he approve, he shall sign it; but if not, he shall return it, with his objections, to the house in which it originated, who shall enter the objections at large on their journal and proceed to reconsider it. If, after such reconsideration, 'two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been pre

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