Newspaper of The New York Herald, July 21, 1848, Page 1

Newspaper of The New York Herald dated July 21, 1848 Page 1
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1 T H j ^ ii-aNO. 5159. the sbu nimim. THE REPORT ok THE TERRITORIAL Sf LECT 031511ITEE TO THK Srnalnof the United Slates, July is, ISIS. Mr. Clayton, Ironi the Kolect commit!.'e, to whom was i>teried ilie subject ol territorial governmeuis in Oregon, California und New Mexico, reported the following hill:? Jl Hill lo Ktlabli-h llit Ttri ilorial (?<? immrnts ij Ore gon. Cuhfoniiu utid Ktw Mr jit n Bo it enacted by the Senate and House of Representative" of the United slate* of America, in Congress asu uiLied.'i but. tr< in iit>d after the passage of this sot. all that part of the territory of the United Slates which im dim m iii*' mi iiitii iv ui inn ivui'Hy oiou inuim, una north of the forty-Hem ml paiHllel of latitude. shall lie organist! into, and constitute a temporary government hy the name of the 'i i rritory of Oregon: Provided, that nothing in ttxiy art rontatued. shall be construe 1 to impair the rights of person or property now pertaining to the luilisns in raid territory, bo long ait such right* shall remain unextinguished by treaty between the United Mates anil such Indiana ; or to alfect tho authority of the government of the United State, to make niiy regulation respecting ftuch Indians, their lands, property, or otter rights, by treaty, law. or otherwise. which it wi ultl have been competent to tho government to make, if this act had never passed. And provided further, that n< tlnug in this uci contained hall he court'ue to uihiltil the government of tho I nited States, from dividing said territory into two or moie territories, in -uch manner, and at such times as tongioss shall Oei in convenient and proper ; or from attaching any portion of said territory to any other State or Territory of the United Stales Sec. 2 And be it further enuclcd, That tho cxcoutiro power ai d authority in and over said territory of Oregon. shall he vested in a governor, who shall bold his office for four year-, and until his successor shall ho appointed and qualified, unless sooner removed by the President of the Uu ti u States. The governor shall re side within said territory, iliall be connnandcr in-chief of the militia thereof; siuill perform the duties and receive the emoluments of superintendent of Indiau affairs : lie may giant j at does for oIT-ucoh against the laws oP in id tannery, and reprieves for offences against tho laws of tho United Stales, until tho decision of tho President can he made known thereon ; lie shall commission all officers who shall he appointed t > officii , under tho laws if said territory, unil shall take euro that tin-laws shall be fatblully executed. Sec. S. And be it further enacted. That thero shall be a secretary of said territory, who shall reside therein, and hold his office for four years, unless sooner removed hy the Presidi nt of the United States ; ho shall record and preserve all the laws and proceedings of the itgisl.-illvu assembly hereinafter constituted, and all the acts and proceedings of the governor in his s :aci umr tu j uriiiK ui , iiw mjuii u 'mima.l niu- copy (,[ 11 tbo Iwtf nud one copy of the executive proceedings t Jntrbi fore the fir?t day of December in each year, to ' v li e rrividerit of the United States and. at the same t time, two copies of the luws to the Speaker of the g House (f K> present at ives and the Trepideut of the Se- r ante, for the use of Cougiesg. And.'n case of the a i< atli, removal, resignation or other necessary abseuce t ;f the governor f-orn the territory, the secretary shall ti Uave, aud he ip hereby authorised and required ?o exe- e J -jute and p< rform, all the powers aud duties of the go- li ' rcrnor. during such vaeaucy or necessary absence, or ti antil another governor tball be duly appointed to fill o roch vacancy. ii . Sec. 4. And bo it furib'T enacted. That the legisla- i ;lve power and authority of aaid territory shall be lr rested in the hgislative usscmhly. The legislative as- a h-mtly shall consist of a couucil and house of ruprc- tl tentative*. The council shall consist of tbirteen mem- ri hers, having the qualifications of voters as hereinafter w prescribed, whose term of service shall continue two | t< years. The House ot Representatives shall, at its first a session, consist of twenty-six m. inbers possessing the o some qualifications as prescribed for members of tho c couneil. and whose term of service shall continue one | c year. The number of repr^soutattvea may be Inorevsod by the legislative assembly from time to time, in pro- ! It portion to the increase of population : provided, that it the whole number shall never exceed thirty-nine. An a apportionment shall be niudn. as nearly equal us prac- a ti cable, among the several counties or districts, f.ir the 0 election of the couucil and representatives, giving to ti each s. etion of the territory representation in tho t< ratio of lis population. Indians excepted, as nearly as j w may be And the members of tbo council and of the c House of Representatives shut! reside in and be inba- I t' bitants of the district f< r which they may be olected si respectively. Previous to the first election, the go- a verucr shall cause a census or enumeration of the b inhabitants of the seveiul counties and districts of * the territory to be taken, and the first election shall c "be held at such time and places, and be conducted In such manner, as the governor shall appoint and < b -direct ; and he shall, at the same time, declare the t number of members of the council and House of Re- t piesentctivss to which each of the counties or districts a hall be entitled under this act. The number of per- p Bona authorised to be elected having the highest nun- f ber of votes in each of said council districts, for mem- t< bers of the council shall be declared by the governor to t be duly elected to the council; and the person or per- d sons authorised to be elected having the highest num- a ber ol votes, for the House of Representatives, equal to p the numbe r to which eacli county or district shall be P entitled, shall be declared by the govornor to be duly ? elected members of the HousoSof Representatives; pro- b vided, that In case of a tie between two or more per- a sons voted for, the governor shall order a new election to suppiy the vacancy made by such a tie. And the p persons thus elected to tho legislative assembly shall 1 meat, ei such nlare. and on such dav. as the governor v ball appoint; but thereafter, the time, place and man- * ner of holding and conducting all election* by tho o people, and tbe apportioning the representation,in t the several counties or atstiicts. to the council and t lioute of Representative*, according to population, c eball be presribed by la? . as well a* tbe day of the com- r nicnceniFDt of tbe regular session* of the legislative 1 assembly; provided tbat no one aeaaion ahall exceed ? ihc term of sixty days. 1 I See. 0. And be it lurtbiT enacted, Tbat| every froo t white male inhabitant, above the age of tweniy-onn ? yeara, who shall have b en a. resident of said territory I at tbe time of the passage of tbie act. shall be entitled 1 to vote rt the t'rst election, slid sball be eligible to any t office within the said territory; but the qualifications t of voters end of boidiug office at all subsequent lec Hods, shall he such as snail be prescribed liy tbe iegia- t lalive assembly; provided that the right of suffrage and of holding office shall be exercised only by citizen* of the lulled Slates, und those who shall have declared r on oath their intculiou to become such, and ahall t have taheci an oath to support the constitution of the ? United States, and the pr, visions of this act. I Sec. (i. And be it furiher enacted Tbat the legiala- , tive power of the territory shall extend to all r gtitful ( aubjecls of legislation eunsisient with the constitution < of the United State*, and tho provi*ion* of thia act; | but no law shall be passed interfering with tho primary , disposal ift) e soil; no tax shall be imposed upon the property of the United Slates; nor shall the land* or ( other property of nou-resident*. be taxed higher than the land* or other properly t>f resident*. All the raw* ( passed by the legislative assembly shall be nubinittrd to t the Congress of the Untied States, and if disapproved, < hall be. null and of no ell. ct. f Sec. 7. Anil be it furtb r enacted, That all town- ; hip, district, and county officers, not horeiu other- | Wise ) rovldi d for. ihall he ayi ointed or elected, as the case may be, in such manner a* shall be provided by t the hgislative ar*i uibiy ol i l.e territory of (iregon. The governor shall n< initiate, and by and with the adviee 1 andconsent of tie legislative council, appoint ailoffl- t cers not heioiu olhi rwise provided for; and, in the first > instance. Ihc governor alone may appoint, all said ntfl. , ccrs, who shsll hold llieir office* until the end of tho t next tts-iou of ihc legislative assembly. f Stc.H. And bo it fot t hi r enacted. That 110 member , Il'lfc. I. . U1.IU a >. . n.l.l, .I,-II tir.l.t fir I,., n ,, >? ,i n tI 1 to any office which Minil I am heen rraalcd, or the salary or emoluments ?f which have been increased, while he inn a member, ?i? 1:njr tho term tor which he vu elected, and far one year alter the up ration of noh term ; and no person holding a commission or appoiniim nt under the tinted Sin lex. except postmasters shall be a mber of the legislative assembly, or shal' hold auy ohice under the government of Raid territory. Sec. V. And he it further enacted. That the judicial power of ?n:d territory shall he vestt d in a supreme court, district court*, (.rebate e urts and In ju?i.loe* of the pence. The supreme court shall consist of a chief justico and I wo aasoi into justice*. any two of whom shall constitute a quorum, and who shall hold a term at the sent ot government of said territory annually, and they shall hold their < Idee* during the period of four ymrc. 'I he said territory aliall be divided into three judicial districts, end a district court shall bo held in <aeh of enld district* by one of the justice* of the supreme ccuit. *t such ilmes and places as may he prescribed by law ; and the said judges shall, after their appointments, respectively, reside In the districts which shall be assigned tliein. The jurisdiction of th* several courts herein provided for, both appcllnto and original, and that of the probata courts, ami of justice* ct the penci,s!iail he as limited by law: Provided, That justice* id' the pence shall not have jurisdiction of any matter in controversy when the title or h>undaries of lend may be in dispute, or whero 1 he debt or vm chimed shall excei d one hundred dollars; and the said supreme and district courts, respectively, shall posses* chancery ns well as common law jurisdiction K.ech Ul irict court, or tho judge thereof, hall appoint its clerk. who shall also lie tiie register In ohanrery, ami shall keep bis office at tho p'ace whero the court may he held. Writs of error, bills of exception, and appeals, shall lie allowed In all ease* from the tlnal drcslon* of said district courts to - he supreme court, under such regulations as may ho present* d by law ; but in no rsse nmoved to the supreme crurt shell truil by jury be allowed in said court. The supreme court, or the ju-tires then of. shall appoint its own clerk, and every clerk shall hold his office mi the pleasure of the court for which he shall have been sppi luted. Writs of error and appes's from the final dec slot.* of said supreme court sha I ho allowed, nd any he taken to ti e Supreme Oeurt of ti e United Mates, in the tame manner and noder the same repulii'V'T.f, r from the circuit courts of the I nil.od States, /irdench iff lie fsbi 'Ix'rlct r"er?s ?b?l' have and ' JI EN E j i xi rc!se the seme jurisdiction In all rases arising under tl f constitution and laa* of the United States as is vrstid In the flrru t and district courts of the United States; nnd the first six days of every torm of said < i urts or so uiurli thereof as shall be necessary, shall be api reprinted to the trial of causes arising under the said constitution and laws, and wr ts of error and anpeiils. in all such cnse?, shall be made to the supreme court ot said territory, the same as in other eases The paid clerk shall receive, in m 11 such cases the sums fees which the chrksnftie district courts of Wisconsin Territory heretofore received for similar services. her 10. And lie It further enso'ed. That there shall le np| oioted no attorney for said territory, who shall continue In ( flier for four years, nnlcss sooner removed by the President, nnd who shall receive the same fees 1 idled Stated for the Territory of Wisconsin. There (till nieo be a marshal for the territory npp tinted, who fl all hold liis office for four years. unless dooner reiiiovtd ty the I'rediilerit. and who dhiill .xecute all j roc< sses issuing l'r< in the raid court*, when exercising the'r jui bdlction a? clreu t and district courts of the Un'ted Stated; be ahall perforin the ditties, bo subject to the puioe i> nidation aud penalties, and be entitled to tie sane fees ad were received by the marshal of the district court of the United Stales for the Territory of AViscnn-in: ai d shall, iu addition, be paid two hundred dollars annually a- a compensation for extra scrTired. Sec. 11. And be it further enacted, That the goverr or. f? cratary, chief justice and associate justic ja. attorney, and marshal, sball be noniiuated, aud by and with the advice and consent of the Senate appointed, by the Preaident ot the United States. The governor and secretiny to bo appointed as aforesaid shall, before they art as such. resp? etivcly tube an oath or ailirination. before the district judge or dome justice of the pence in the limits of said teirltory. duly authorized to administer oaths and utHrmatioas by the laws now in force therein, or before the chief justice or seme assooiete ju?tk*e of the Supreme Court of the U nlted Stated, to fui port the constitution of the United States, aud faithfully to discharge the duties of their respective office's: which said oaths, when so taken, shall be certified by the per-oti by whem^the nunc shall have heentuk n and sueh certificates shall be received and recorded by the paid secretary among the executive proceedings. And the chief justice and associate justices, and ail ither civil < fill ers in said territory, before tbey act as such, shall tnko a like oath or afliruiatiou brforo the said governor or fecretury. or some justice of the peace of the tenitory, who may he duly commissioned and |itnlifled. which said i ath or affirmation shell lie oertillt d and transmitted, by the person taking the saute, to the s? dietary, to lie by him rt corded as aforesaid; and, ifler > ards the lite oath or affortnetlon ahall he taken, | r.iu.. u, hiu nci'iucu. in fucn in an Tier nun mrni m < may be prescribed by law. 1 he governor shall receive m annual salary of fifteen hundred dulUrs us goverocr and fifteen hundred dollars as superintendent of niJian nflaira. The chief justice and associate justices bull each receive un annual salary of eighteen jundrid dollars, The secretary shall receive an anilial salary of eighteen hundred dollars. The aid sauries shall be paid i|Uartcr-yearly, at the r? usury cf the United Slates. The members of the le;islatlvc assi mbly sliatl be entitled to receive three dolsrs each per cay during their attendance ut thesesions theiei f. and three dollars each for every twenty lilies travel in going to and returning from the said tssions. estimated according to the nearest usually truclled route. There shall be appropriated, annually, he sum of one thousand dollars, to bo expended by the overnor to di fray the contingent expenses of the teritory ; and there shall also be appropriated, annually, sufficii at Mim t.obe expended by the secretary of the erritory.and upon an estimate to be uiade by the secreury of the Treasury of the United States, to defray tho Xpensesof the legislative assembly, the printing of the ?wF,and o:hi r incidental expenses; and the secretary of be territory shall annually account to the Secretary f the Treasury of the United States for the manner u which the atoresahl sum shall have been expended. Sec 12 And heitfurtherenaeted. That the existing iwe now tn force tu the territory of Oregon, und'-r tho utiiority of tho provisional government established by Ire people thereof, shall continue to be valid and opevive therein. so far as the same be not incompatible lth the provisions of this act ; subject, nevertheless, j be alten d. modified, or repealed, by the legislative isen.bly of Uiv said territory of Oregon ; and the laws f tie Uniti^ Mates at e hereby extendi d over anil delated to I e in force in said territory, so far as the same, r at y provision thereof, may be applicable. Sec. 13. And be itJfurther enacted. That the legisitive assembly of tho territory of Oregon, shall hold ;n fit st session at such time and pla e iu said territory s tl e governor thereof shall appoint and direct; aud t said first session, er as soon thereafter as they shall eem expedient, the legislative assembly shall proceed a locate and establish the seat of government for said stritiry at such pace as they may deem eligible; hicta place, however, shall thereafter be subject to be liatigtd by the Icgislatire assembly And the sum of si nty thousand dollars, out of any money in tho trea iirnot otherwise n| preprinted. is hereby appropriated td granted to said territory of Oregon, Jo he applied y tbe governor and legislative assembly thereof to the rict'on of suitable public buildings at the scat of govrnnetit b'ic. 14 And be It farther enHrted. 'I'hat a delegate o the House <f Representatives of the United States, o serve for tbe term of two years, may be elected by be voters qualified to elect members of the legislative stmbly, who shall be entitled to the same rights add rivilepes as are exercised and enjoyed by tbe delegates ri m the seveial other Territories of the United States 0 tbe tald Houieof Representatives. Tbe first oleci< n shall lie bcld at sncb time and places, and bo conucted in such manuer as tbe governor shall appoint ,ud direct ; and at ail subsequent elections, tiie lime, laces, and manner of holding the elections shall be i, scribed bylaw. Tbe person having the greatest ,umber of votes sball be declared by the governor to >e duly elected, and a certificate thereof shall be given ocordingly. See. If'. And be it further enacted. That all suits, >rocess and proceedings, civil and crimiual. at law and n chancery, and all indictments and informations, rhlch shall be pending and undetermined in the courts atabliahed by authority of tbe provisional government f Oregon within the limits of said territory, when his act shall take effect, shall be transferred to bo irard. tried, prosecutt d and determined in tbe district lourts horeby established, which may include the ounties or districts where any such proceedings may >e pending. All bonds, recognisance-', and obligations if every kind whatsoever, valid under the existing aws wi'hin the limits of said territory, shall be valid indir this act ; and all crimes and misdemeanors igainxt the laws in force within said limits, may be irosecuted, tiled, and punished in tho courts e-tabisbcd by tbis act ; and all penalties, forfeitures, ucions. and enures of action, may be recovered, under bis net, tbe seme as they would have been under the aws in force within the limits composing said territory, it tiro time tbis art Fhallgo into operation. See 10. And bo it further enacted, That all justices of tbe prate constables, sheriffs, anil all other judicial iiid ministerial officers, who shall be in office within ? .he limits of said territory when this act sball take ffi cl. sl.uli be. and they arc lteri by, authorized and rqu red to continue to exercise and perform the duties t ibeir lespeetive offices as officers of tbe territory of Jregtin temporarily, and until tbej. or others, shall bo Inly appointed and qualified to till their places in the 1 .mi.er herein directed, or until their offices shall be iPoiiibi d. Sec 17. And be it further enaoted, That tbe sum of ive thousand dollars be. ?nd tho same is hereby, spin printed out of any moneys in the Treasury not it hi i wise appropriated to be expended, by and uud< r lie dirictlon ot tho said governor of the territory of dn gon, in the put chase of a library, to be kept at tbe icat of goretuuieut for the use ot the governor, legisalive uilembly. judges of the supreme court, secretary, I nan bid. and attorney of said territory, and such other j >? i m uk hiiu miner guru regulations as snail oo ] ire icribed 1>) law. f ec lb And bo it further enacted, That when the and< m the mid territory duill l>e surveyed, under ;he diiection of the government of the l imed Slates, neparatory to biirgitig the same into market, seottuu* inmticted sixteen and thirty in each township in said errt'Oiy shall be. and the same are hereby, reserved 'or the purpose of being applied to schools iu said ter itory and in the States and Territories hereafter to >e erected out of the same Sec. In And bo it farther enacted, That, tempo'ardy, anil until otherwise provided by liw. tho gorernorof said territory may detine the judicial districts t so id ti riitory, and assign the judges who may be i|p<intidtor said territory to tho several districts, md also appoint the times and placos for holding ( iirts in the several counties or subdivisions in each if said judicial districts, by proclama<ion to be issued tiy him ; hut the legislative assembly, at their lirstor ,i y nit ?? qnent seislon, may oiganiae, alter, or rnoli y meh judicial dirtiicts, nnd assign the judges, anil iter tl.e t line and places id holding the courts, as to :hi hi shall sieni proper and convenient. hi e 20 And be it further enacted. That the suui it tin' hot)' anil dollars be. and Is hereby, appropriated, 0 hi exps inti d umil r the direction of the President of lei mil d States, in pay incut for tho services and excuses of such prisons as have been engaged in ooueying communications to and from the "provisional lovei nun nt. of Origon" to the authorities of the . niled States. and the purchase of presents for such if the Indian tribes as the peace and quietude of the out.try n quin s. Me 21. And lie It further enacted. That, from mid iftei the passage of this act. all that part of the terrioriis of the I nited States called Upper California, iCqulied by the treaty of peace, friend-hip, limits aud ei tie tin nt between the United States of America and ,1 t Mexican repubiio, conciudedat lioadalupe llidnl:ii on the second day of February, eighteen bundled n.ii forty-eight, shall be organised into, anilconstitiite 1 temporary government hy the name of Ualifora: rrovided, 1 tin t nothing in litis act contaiued hall 1 e roiistrued to itnpnlr the riglits of person or importy now pertaining to tlie Indians in said terrloi v, so long a- such rights shall remain iiiiexlingiii-h-d hy treaty betwi en the Uuit.d Ststes and such Inllatis ; or iii atli'Ct the authority of the government of hi United States to make any regulation respecting meh Indian-, their lands, property, or other riglits. ley leafy, la* or other w law, which It wntilil have been ompi lent to the government to mak* if tbi? act had never parsed : And pkovidtd, further. Tliat nothing in Ills act contained shall lie construed to inhibit the :i Vi rninent of the United Slates from dividing said .elf tory Into I wo or more territories, in such manner tad at sueh limes, as Congress shall deem convenient iiiil proper ; or from attaching any portion of said miliary to any Otiivr.State or Territory of the United tales And he It f": th. c lis I d, 'I . at tho n*. W Y JEW YORK, FRIDAY M entire pi.?i r a I'll authority in and oeer raid territory of ( alifornia rhall he verted in a gnrernor, who rhall bold h a office for four year*. and uiitil hi* runoerrnr hl'H 1 lie app-'inied and qualified. tuilan -oorier re- ( nioTi d hy tlw President of the United Ntnte* The ' governor .*1 all reride within enid territory, shall be ! crinmaiidsr-ln-chlif of the militia therei f. rhill pur- i form the dlltiea hoiI reoeive the emolument* of euper- j ilitei:deot of Indian affair*; b?may graut pardon* f ir ' <f|i liciB apuinet the l??H of raid territory, reprieve* for j offeiire* apnl net the law* of the United State* until the i 1)1 el'ii n of the President ran he niHde known thereon; !i" rhall eomniirrion all officer* who aliall be appointed to office under the law* of the raid territory, and shall tuke care that the lawe he faithfully executed. 23. And he it further enacted, That there rhall lieu secretary of ra'd territory, who ?h*U reride therein. and hold hia office for four year*, un- j less sooner removed by tlio President of the United Slates ; ho shall record and preserve all the laws ai d proceeding* of the legislative assembly hero- | inallir constituted, and all the acta and pr c.-e 1lrgs of the governor In hi* executive department; ho eliall t rant mlt one copy of the law* and one copy of the executive pr< oecdirige, on or before the first day of December in < a<h year. to the Prcaident of the United Stuti s, (Hid, at the same time, two copies of the Ihwh to the fp< aker cf the Ili upe of Keprcsc ntatives and the President of Ihe Senate, for (lie use of Control*. A ml. in case of t lie death, removal, resignation, or othi r nectssnry ahfe? ce of the governor from the territory, the teen tary shall buT<>. and he l< hen by outhorird and required to erectile anil perform, nil the powera am) duties of the governor, during such vacancy or n< re: sary absence, or until another governor shall be duly apt-oil ted to fill such vacancy. Sso it .And be it furthi r enacted. That tlio judicial power of said tcrritoiy sIjhII be vested in a supremo court, district r< ni ts probate courts, nuil injustices of ilie piece The mpicme court shall consist of a chief justice and two associate justices, any two of vrh?m?hatl conetlltile a ffwrum nod who elmli hold n * trim ht the sent of goveri incut of said territory anurtillv ai d thevthall hold their offices during the pern d of four years The said tenltory shall be divided 1 into ihree judie nl districts' and a district court shall be held in inch of said districts by ono of the justices of the supreme court, at such l um s and pi mes as may he prescribed by law; and the said judges shall, after their appointments, respectively, reside In the districts which shall be assigned to them. The jurisdiction of the several couris herein provided, for both nppeliale and original, and that of the probate courts, and of juitices of the p> ace, shull bu as limited by law : i Piovid d. That justices of the peace shall not have juiisdic'lon of any matter in controversy when the ' title or boundaries of land may be in dispute, or ?hore the debtor sum claimed shall exceed one hunirrd dot- i lars ; ord the said supreme and district courts, respec- j tivi ly. shall possess a chancery as well as common law > juilsdictlou. K.ach district court, or the judge thereof, ! shall appoint its clerk, who shall also he the register in ! cliancoiy. and shall ksep his oflice at the place where I (he court may ho held. Writs ?f error, bills of exnen- I tion, and appeals. shall bo allowed in all cases from the i iii al decision of said district courts to the supreme | court, under such regulations as may be prescribed by i law ; but in no ease, removed to the supremo court, shall itinl by jury be allowid in said court. The supreme court, or the justices thereof, shall appoint Its own clot k. and every clerk shall bold hi* olti.ie at the plea-ore oi the court for which he sUaUliave been appointed. Writs of error anil appeals from the tinul decisions of said supreme court shall be allowed, and may betaken to the Supreme Court of the United States, in the fame manner and under the same regulatiobs us from the circuit courts of the United State*, each of the said district courts shall have aud exercise I tlie same jurisdiction in all case* arising under trie j constitution and laws of the United States a* is vested in ilie circuit and distiict courts of the United State*; 1 ? nd tin- flist six day* of every term of said courts, or ] *ii much ihoreof a* shall be necessary, shall be appro- : priatid to the trial of cause* arising under the said j const nut ion cud laws; and writ* ot error and appeal* t iu all such cases shall be made to the supreme court of i said territory, the same as in other case*. The said ' t clerl; ihall receive, In all such cases, the same fee* which the clerks of the district court* of Wisconsin ' i Tirritoiy heretofore received for similar service*. Sec. 26 Aud be it further enact< d. That there shnll I be appointed an attorney for said territory, who shall continue in nfiicc for four year*, unles* so.ner re- \ moved by the President, and who shall receive the ; same ft es snd sslary a* were received by the attorney ] ot the United States for the Territory of Wisconsin. ! I There shall also be a marshal for the territory appoiut- j ed, who shall hold hi* office for tour years, unless sooner removed by the President, and who *hall eve- | cute all processes issuing from the said courts, when exercising their jurisdiction as circuit aud district court* of tha United Stater; he shall perform the du- j tirs. he subject to the same regulation and penalties, and be entitled to the same tees, as were received by the matshal of the district court of the United States for the Territory of Wisconsin; and shall, in addition, be paid two hundred dollars annually as a compensa- j tion tor extia services Sic. 2d. Aud he it further enacted, That the legislative power of said territory shall, until Congress shall otherwise provide, he vested in the governor, secretary and judge* of the snpn me court, who, or a majority of them, shall bare power to pass any law for the adminfs* 1 tuition of justice in said territory, which shall uot bo rtpugnant to this act, or inconsistent witli the laws and constitution of the United State*. But no law 1 shall be passed interfering with the primary disposal ef the soil, respecting an establishment of religion, or resp< cting slavery; and no tax shall be imposed upon the property of the United States, nor shall lite land* 1 nr <itb?r v.rniiertv of non-residents be taxed higher i than the lands or other property of residents. All the lavs ihall be submitted to the Congresa if the United Status, and. if disapproved, shall be null and void. ! Sec. 27. And be it further enacted, That the mover- j nor, rrcretary. chief justice and associate justices, attorney and marshal, shall be nnuiiuatod. aud, i by and with tho advice and consent of the Senate. appointed by the Pre-ident of the United States. 1 he governor and secretary to be appointed an aforesaid shall, before they act as such, re- , rpectively take an oath or affirmation, before the d'Stiiet judge, or some Justice of the peace in the limits of raid territory, dnly authorised to administer oaths and affiiniiitions by the laws now in force therein, or be fore the chiet justice or some associate justice of tho (Supreme Court of the United States, to support tho eonrtitutton of tho United States, and faithfully to discharge the duties of their respective offices; which raid oaths, when so taken, si all be certified by the person by whom the same shall have been taken, and such certificates i-ball be received and recorded by the said secretary among the executive proceedings. And the chtr f justice end a-sociat? justices and all other civil < fllctrs in said territory, before they act as such, shall tube a like oath or affirmation before the said goveruor or secretary, or some judge or justice of the peace of the territory, who may be duly commissioned and qualified winch said oath or affirmation shall be cerulled und transmitted by the person taking the same, to the seeietnry. to be by him recorded as aforesaid; and, afttrwards, the like oath or affirmation shall bo taken, ei riiffi d, and recorded in such manner and form as may be prescribed by law. The governor shall receive an annual salary ot fifteen hundred dollars as governor. and fifteen hundred dollars as superintendent of Indian affairs. The chief justice and associate justices shall each receive an annual salary of eighteen hundred dollars. The secretary shall receive un anxual salary of eightten hundred dollars. Tire said si.lories shall be paid quarter-yearly at the treasuiy of the Unlti d Stntrs. There shall be appropriated, annually the sunt of one thousand dollars, to be expended by the governor, to defray the contingent expenses of the territory; aud there shall also be appropriated, annually. a sufficient sum. to be expended by tho secretary ,of tlie territory, and upon an estimate to Ire mace by the Secretary of the Treasury of tho United Slates, to defiay the expenses of 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 wbh h the afoiesaid sum shall have been expended. Sec -H. And be it lurthor enacted. That, from and after the passage of this act, all that part of the territories of the United Slates called New Mexico, acquired by the trtaty ot peace, friendship, limits, aud settlement betwien ttie United Slates of America and the Mexh an republic, concluded at (Jaudaliipe Hidalgo. on the second day of February, eighteen hundred and forty-i ipht shall be organised into, and constitute a timporary government, by the name of the Territory of New Mexico: provided, that nothing in this act contain* d shall bo construed to im- | pair the fights of perron or property now pertaining to the Indians in raid territory, so long us such rights shall iinain unextinguished by treaty Let a eon t lie I nited Mates and such Indian.-; or tn affect the anthoiity of the government of the Unites! States, to luak' any rignlation respecting such Indi.ins. their lands, property, or Other rights, by treaty, law. or otherwise. which it would have been competent to (lie j government to make If this act had never passed: And provided further, 'I hat nothing in this act contained ! si.all tie construed to inhibit the government of the I. nili d Mates front dividing said territory Into two or | mora territories. In such manner, aud at such times, , a? I t tigress shall deem convenient and proper; or froin at lathing any portion of said territory to any other State or Territory of the United States. See. SO And be it further enacted, That the executive power and authority in and over said territory of New Mexico shall be vested iu a governor, who siiail hold hie office for four years, and until his successor si all tie n| pointi d and qualified, unless sooner removed by the President of the United States The governt r shall reside within said territory, shall be conimantJi r-ln-chtef of the mi ilia thereof, shall perform the dutits and receive the r nioltimeiits of superintendent ot Indian affairs; be may grant pardons for offences against t lie law-s of said territory, and reprieves for offi nccs against the laws of the United States, until the dtcisioB ot the President t an he made known thereon; lie shall commission nil officers who shall bo appointed to i Aire under the laws of the sa d territory, and shall ti.ki care that the laws be faithfully executed. S'ec.'r.O. Arid be It furl lor enacted. That there shall be n si i let: rv ot s?!d terrltoiy, who shall reside Hierein. anil hold Ids office tor four years, unless sooner re Im vi d by'the President ot the I nited .dates; he shall it cord ai d preset ve all tbe iawa *nd proceedings of the irglsiative axtDibly hereinafter constituted, and ml the nets and proceedings of the governor in his i x! c utlte di pcrtim tit; lie hull transmit one copy of li.c is*s at'd one et py of the > xecutivo proorodingoon or 11 f< to ttie first day of I'ect in her in each y > ar, to the I ri sit'*- t of ti e I' nit' it SI at<ar il, at t he sainc t liit". t* c : < ' thi lav - *0 ti e Npclliet ' *tf ifi u-- ?? I 1 tv v'siitc'ir ! tli I'f'.: b Ut of ?,> * ???* tr j w ORNING, JULY 21, 184

the o?p of Concrete. Ami, In ease of tho death. reii oval. resignation, r>r other necc.smry abnence of Ihr gott i nor from the territory, the secretary nhall have end he le hereby authorised itnd required to execute ami ) eiform. all the power? end dutie" of tho governor duting euch vacancy cr neee . .ry ulnerre. or until am ther governor chall be duly i.;.pointed to All such vacancy. be c. 31 And be it further enacted. That the ju tieial power < f said territory thall be ve tedin n supremo n uit. district courts. probate court' nod in ju.-'lioe'i of the peace, 'lhe Supreme Court tdmll cm-lst of a e.l.ii I just'ce mid one associate justice, who shdl bold a tuixn at tlm seat of gov< rnuieiit of ta d territory annually, nr.d they shall hold their offices vnr )iriiu.? ... iv'n i n? huh territory shall bo dividid into two judicial di-trict*. and :i cil-tiict court sheil be held in inch of sai I districts by one of the Juftlces of tho supremo < ourt, at mi It limes and place* ith may be pre-eribed by law ; it nil the said judges shall, after their appointments. refj>? ctiv? ly. ret ide In t ho distr eta which shall b in igut il 11 em. '1 he jurisdiction of the several courts horet n prov (lt d fi r, both appellate and 01 igiuul. and lh.it.ot the |.r< bate courts, and of justices of the peace. shall be as limili d by law: Ptovlded, That justices of the pi si c shall not luiTe jurltdlction of any matter in petition rsy when the title or boundaries of land uiey be in ditpitte. or whore the dt bl or sum claimed shall oxo< t d one bundled dollars . and tlio said Supreme and D: st i let Oout Is. rcspt etivoly, shall po-sots c ban eery, as well as common law jurisdiction. I'.acb district, court, or the judge tbeteof, shell appoint its clerk, who shall also be the register in chancery, umi shall keep Ills oDicc at thi place where the i oui t nmy be held. Writs ofi iror. bills of exception. &>id appeals, shell beat owed In all case;- ti< in the 'tu?t iIujHuii* of -aid district omits to'the Stiptedu- ( urt, vtider such regulations as tmiy be piesiribe.d' l>? law ? bo' in no ca?o reuton-d to t be bupxentr Uunrt shall ti lal by jfry be allon-ed in fa'd court. The Mtpt erne to' ri, ijr the .indices i hereof. sb?l>f|r^r4frt lf<>wv Clerk. .,?d ,,v,.ry clerk a hit II bold his i lhce at the pi'uMiie of the court for ivixieh lie shall have been appointed Writs of error arid npp ids 1'n in the final di cetons of said Nnpri tne Court st all bo aliovid and u ay be taken to the Supreme Court of t ho United states, in the same manner, and under tho same regulations us from tho circuit courts of the United Stales, and each of the said d stunt courts shall have and exercise the same jurisdiction in all cusis arising under tho constitution and laws of tho United States. as if vested in the circuit an.i district cm 1 if of the United Stated; and tin-Or t fix days of every ttmi oi euid courtb. or ?<> much thereof a-t shall lr in wmtj. ihsll lie appropriated to thn trial of eti tito arising under I lit* find constitution and laws ; and writs of error at d appeal*. in ull such cast's, dhall be made to ihe Suprnue t otirt of said territory, ttie fume a* in other cases. The naiil clerk shall r?c-ire, in nil t licit oases, the same tcef which the clerks of the district courts of \Vi:oonsin Torritory. heretofore received for simbar services. Sic. 112. And be it furth-r enacted, Tliat there shall he appointed an attorney for said territory, who shall ront in tie in office for four j cars, unless sooner removed t y ihe {'resident, and who shall receive the same fees ai d saiaty as were received b> th* attorney of the h'nited States foirthe T?rritoiy of Wisconsin There elm 11 also be a ittorshal for lite territory a)i|ioii)ted. tvlio si ml in Id ids office fir four years, unless uooner ro nn vi d by the President, and who shall execute all preCcSms issuing ft on i the mid courts, when exercising their jurisdiction as circuit, and district courtd ot the I'n 11 it States; he shall perform the duties, be subject to t lie seine regulation and penalties and be entitled to tlie sonic fie.s. as wi re ric ivi d t>y the marshnlof the cllstriet. court of tim I nit d Sta'eH f. r thn Territory of Wisconsin ; and sliall, in addition, he paid two bttndrt d dollars annually as a compensation for extra sett ice-. Sic .'! '! And he it fcrlher enacted. I'liat the legislativc )iOtnr of sa d 'I i-rritory shall, until tinngreiiH uhtill 5tb< rwise provide, be vi rti it in the governor. secretary, md judges of tlie Supreme Court, w ho, orn majority of ihent. Miull have power to pa.-s any law for the administration of justiiu in said territory, which shall not bit irpugnant tu this act, or inconsistent with the laws and constitution ot tho United States lint no law shall he passed respecting an establishment of religion, or respecting slavery, or interfering with tho primary disj oin] of ihe soil, and no tax shall bo imposed ujein lite jiroperty of the U nited States, nor shall the lands or other property of uon-residentu be taxed higher than tl o lands or other property of residents All the laws shall be submitted to the Congress of the United msics iiii<i 11 disapproved miiiii lie nun ana void. hi r 34. And be It further enacted, That thef governor, sccictsry, cbiof justice nnd associate ju-Ue , attorney. end mm f bid, shall be nominated, and by and with the advice and consent of the Senate appointed, by the President of tho United Stat on. The governor ni d secretary to be appointed ns aforesaid ahull, before they act as snoli. respectively talte an oath or affirmation before tlm district judge or hoibo justice of the peace in the limits of said territory, duly authorised to administer oaths and affirmations by the laws now in force therein, or before the chief ju.-tion or some associate justice of tho Supreme Court of the United States, to support the constitution of the United States, nml faithfully to discharge tho duties of tta< ir respective offices ; which said oaths, when so taken shall be certified by the person by whom the same shall havo been 'alien, and such certificates shell he received and recorded by the said secretary among the executive proceedings. And tho chief justice and associate justice, and all other civil ( Alcorn in said territory, before they not as itich. shell take a like oath or affirmation before the aid governor or secretary, "r some judge or justice of ' the peace of the territory, who may be duly commie- 1 rioued uud qualified, which said oath or Hfllrination 'hall be certified and transmitted by the person Inking the same, to tho secietary. to be by him recorded us tf rmid; and. afterwards, the like oath or affirmation shall lie taken, certified, and recorded, in such manner and forut as may be prescribed by law. The governor shall re eive an auntisi salary of liltci n hundred dollars as governor, and fifteen hundred dollti e as superintendent of Indiau affairs Iho chief justice and associate justice shall each receive an annual salary of eighteen hundred dollars. The secretary shall reoeive an annual salary if e'ghteen huudred dollars. The said salaries shall be paid quarter-yearly, at the treasury of the United States There shall be appropriated, annually, the um of one thousand dollars, to be expended by tho jovernor to defiay the contingent expenses of the I territory and there slinllalso be appropriated annually i sufficent sum, to be expended by the secretary of the Lerr tory, and upon an estimate to be made by the So- I :reiary of the Treasury of the United States, to derrsy the expenses of printing tho laws nnd other incilental cnpensca; and tho secretary of tho territory iball nnnually account to the Secretary of the Troa.urj of the United SMiles for the manner in which the iloressid slim shall have been expended Sec. 35 And be it further enacted, That tvc e.onstl;ution and laws of the United States are hereby extendi d over and declared to bo lo force in said tcrri:ories of California and New Mexico, so far as the . anie, or any provison thereof, may be applicable See. 3d. And be it further enacted That the Presl- ; lent of the United States, by and with the advice and onsent of the Senate, nmy, at his discretion, appoint or and within the territories any number of Indian penis, not to exceed six; said agents to receive the ante pay. discharge the same duties, and be subject to ! he sun e restrictions end liabilities as Indian agents now are by luw; anil that the laws regulating i nter- ! ourse with the Indian tribes now in force, shall bo I xtendi d and be in force in said territories. (pinion* at font* of the Leading Jonrnnls on the Meilta of the above Mill. [From the New V ork Tribune J ll AVKRT FXTS:NsION?Till: NS W DODOS;?TIIK COTrROMisr. "Nowjonseo it, pruiltnien. and now you don't; I'll list any re is i h ii.uu ten dollars be can't tell which I tumble the lit do Joker * in dev.'* Hiirk, dodge, puller, shuttle?such is the latest lame ol the slavery exientiomsts, in view id the Housing t-pirit of the free North with regard to liee or slave bs il. We regret that the mines of li lin M .< lay ton anil Samuel S. Phelps are conuectcd sitl. the new compromise. It will not render them more illustrious. The great question and the only question at issue, ; s?M ail slavery (that is. the sysli in of laws which i eog nixe uiid ? nti ree the right of one mail to own tod si ll anotbi r) hi' plantid in the new territories ? Si l>< dy evi r snppo-ed it could !>< planted in Oregon; he ti; 1.1 uiadeoii the Oregon bill by the propagandists j a- a mere feint, intended only to cover and aid the . illack on the rial point In dispute. Now the new bill ' loes not propose to settle the great question, but re- I nits It entirely from ( ongress to oilier tribunals?from I wo hundred and uiuety uisn chosen by the whole ! jcople and directly responsible to them, to seventeen ! i.i 11 appointed by the President, with the Senate's ap- j itoval.und responsible ouly to lilrn most Of thetu to j lobody. We protest against this juggle. By the conquest of New Mexico and California, i iHvrry either Las or lias not acquired a right to j iour itself without restraint, nnd find no limit kul the 'aeifie Ocean. We say that it Las acquired no right I on single loot of the new territory; the South avers the I onltary. We press G'ongre-s for .1 doclsi in. and it is (filled us. Instead of deciding. Congiess undertake* I o rim the matter through no many different crucibles | hat sla very will finally be established and that in re- : date old rascal, Nolwidy, be alone responsible for it. (ingress it to pass no act or clause inhibiting slavery 1 n the newly acquired Territories,and is to tie ita hands | gallut passing any. The South at once claim thin as 11 inn i|Uivocal permission to carry slavery into those ! lerritoiies. A Governor and three Judgis are to be ! he law n aktrs and law expounders in each Territory ( -said governor and judges lieiug appointed by Polk, nd of course chosen ftoiu among the most determined, I illy and un<rrupuloiis champions of slavery extenIou. Nobody can pretend to doubt liow they will onstrue the Constitution. It will sullies for them that he " Hesolutlons of '08 don't even name ' niggers," o prove conclusively that slavery ought to exist any.lit re and forever But an appeal may betaken to be Supreme Court-a body in which there is a clear jajorily of slaveholders, without counting the doii.'hices, who comprise nearly all the residue. We are to crept the arbitraiueut of this utterly irresponsible, 1 lotoilously one sided and very lluiittd body?Ave of the ne slaveholders, and eight of the nine partisans of ' he boss doughface lor President--in plareof Congress, 1 enabling of two hundred and ninety members, about ijually divided in politics, a majority from the tree lutes, and nearly ail Immediately dependent on the rople. The subatitution is not at ail fair. ' But you don't wan to say that the Supreme Court on' I warp the laws and misconstrue the 1 'cuHitiition IE R A 8. to fan r rlavt ry ?" Friend' *i> mian R?t to " speak ttvil of iH|!nlil. v tot the Supremo court of 1 S-lS is not Ibe I oiiit of Jobii Mai shall Strry. Smith Thump on Jlc. It is'a T?-iy different body. And whilo wo rsn'l my positively u-hat tbe pre.-ont judn*s will do ici-pe*tit>ft slavery extension. wo ran nay whatther hair ili no with regard to the I'orr question That ({notion wu? n ado ?o operate powerfully against Clay and in favor of l'i Ik in 1M4; It ha* aince couiereqularly IrH re the Supreme Court, and wan fully argued la-t winter There was no way to decide it hut one. as i very intelligent perron knew, and tho d-ridon by a broloco ( ourt would hare told powerfully a|;>inst Cum In C< ropany in the pending canvass. Sothe deoi8 on is withheld?einothered cmcealed The delay la a political trick, to prevent the reasonable expomrj ot part tricks We huvu't a very excessive conlldci.ee lu (ither 8ct of trickster*. 'i he Nuprmie Court la to have flnal.juii?iliction. But wl.cn .-hall it decide ' We want a deciHioii at once. Every honest interest requires that thedeeisivti verdict shall be r? ndered forthwith. The slaveholder* w wit to know whether they cau lake their slaves to New V I.,l..n .....I v...1.1 <1...... I I.I.. I. ........ .......... '.II I . " "?? want to know whether, if they go thore, theyure to v or'i in c< inpi tition with blacksmith*. carpenter*, &o., win are bought ami sold at Are to eight hundred d illars ptrhead, with a liberal discount to one who buy* by the i|iiuntity. II the decision shiill bo deferred, tlin im re tart that slaTiliol.br* will hare gone tlioro. exI>? cling to held their workmen as chattel*, will be urged u* a lensoii why slavery should be perpetuated. They w ill rlauier against a n aileur.-e dee Mon its a coufl.'culion ot their proi eriy,nnd I heir brother slaveholders on the Supreme 11 en eh will bo lnellueil to syuipathicc with tlx in. Li t thi? LIU pars a* reported, and we shall hare an iiiiiuedibte organisation of each li rritoiy, under influences mor.i hostile to free labor and free noil ? Slave* will be carried and hebl there, and the torritoiul judges will pronounce the whole a fair business transaction. 'J lien the Supremo i'ourt bas only to defi r a decision until slavery shall hare beeonin strong i nei.gh to organise Slate government* and apply for Admission luJo the I nice After that, the court may decide h? it sees tit; slavery will take enrn of itself. Iiienilsof freedom! bti not deceived! be not lulled to ill op! The Senato la hopeleaa, but bring every influence to bear on the Mouse, anil this insidious bill tnav jet be slopped there. No extension of slavery ! I [Krotn tliu Washington Intelligencer, July 10 ] ins: coMl'hOMisi:. Our readers arc apprised lli.it one of the mojt impoitant ol" tliose iiuesiiuns which some times ante iih if to uy the strength and durability of our Union, was referred to a select Committee of e'glit an nibers in tho Senate of the United S ate* on the IStb instant. In the formation of this committee every sectional interest was consulted and re pre- j si nli d, and each of thu political division* hud an eijiiiil weight. W i n:?y eusily suppose that the most opposite viows ; weie presented and defended by the distinguished Senator* who formed this committee: and those tvlio wcic be-1 informed of the inherent dilHcultles which i HIM .1 in 1 lie wnv of an ailios11hi-itt and l.iv.iruhl., ru. I jort. hail but faint hope that this question could bo settled during the present n-nsion. And yet many : ardent frit uus of the Union aud of their country, j whig and democratic. were of opinion that by deferring nn adjustment the diflloiiltius attending It would j ineren.-e; greater exacerbation would eusue; unit that j geographical parties would arire, endangering at uo | distant day that union of free .and in dependent State* | which cau alone ensure peuee at home aud respect . a In i ad 'i his committee, however, yesterday reported a bill ! which we sineert ly hope will put thiH question forever I to i est. 'I his bill propones to establish government, for j the. territories of Oiegon. California and Mew Alex- j ii o upon sueti principles of universal justice and eon- j sutuiional right as it is hoped will challenge the ap- i prt val <1 every calm an I r llecting uiind 1 The bill provides a territorial government for Oregon, | continuing in force the laws which hare been passed j by the present temporary government until the Legislature. to be eieated by i his act, shall pass other laws ! in on fortuity to the wishes aud interests of the people wh< in they will repreeout. As it rtgsids New .Mexico and California, it provides fi.r eiteh a iroverninenl Klleh n, Moil, first iriveti Co Ihn i Michigan 'lerriioiy; but, at the same tiuio. rest rains thou territories from potion any lawn on the subject ol slavery, freedom ot religion, or Impairing the right of the United Stales to the uuonuupiud lands. Whatevir rights of property ure to bo uujoyud by persons removing to thou- territories, derived from the constitution and laws of the United Status, are to be referred to and decided by the judicial power of the United j States, subject to an appeal from the courts within the territories to the Supreme Court of the United States. Hence it is apparent that the rights and claims of l the North and the South on the subject of slavery are reserved; and, without giving the sanction of the United States to a further extension of the territory . in which slavery will he recognised, the future character of those States will depend on the character, the habits, and the wishes of the people who shall hereafter form the State constitutions for those territories We sincerely trust that this scheme, proceeding as it undt libtedly does from the most patriotic motives, may put an end for ever to a question from the agitation of which alone the enemies of onr great and glorious Union derive any hope of succeeding In their insane purposes [From the Washington Union, July 19.J TIIF RAINSOW OF FEACK. It is no longer the Missouri Compromise, but it is still a compromise between ditiercnt sections of onr beloved country. We shull equally hail it as the rainbow of peace which stills agitation, arrests excitement, and gives peace to onr people and stability to our Union. This scheme of compromiso has emanated from the committee of eight, by ballot of the Scnato on Thursday last?four from one Fectiouofthe U uiun, and four I from the oilier?half of them democrats, half wings; the whig member from Delaware, also eliairuiaa of the Committee. being from a State situated in the middle of the Union?neither, in fact, north nor south. This committee have been assiduously engaged in their momentous duties, day after day. over since their appointment. They have displayed the Quest spirit? suggested and rijected various schemes of compromise ?and finally settled down on a proposition which was yesterday reported to the Senate, and ordered to bo printed. We beard a scheme, similar in many ruspeots. and bottomed on the same legislatived principles, proposed by a western member a few days ugo. To understand II l..It.., n.ml ?mt.,b IS-I an..... nCtl... T.. .. I . ._ I .... of llie United States have had two Territorial forma of government?the first is when the Governor, Judges, inc., have formed the laws fi r the Territory, subject to the subMqwent action of Congress. These few federal ? Hirers formed in these Territories, of course, the legislative power. Such was the original form of Illinois, Indiana. inc. After a certain period of probation, tho people had the power of electing '.heir own delegates, who formed their territorial legislature. Last of all c<mcs the State Government Most of our territories have passed through these various forms. One or two of the last Territories? Wit cousin, for example-began with a Territorial legislature chosen by the people themselves. , It is thought best by (lie committee, as the inhabitants of New Mexicr and Upper ( aliforuia are made up oi persons not acquainted ewllh legislation, to give them the first form of legislation? leaving It to time to ripen them for the other. Tho only restriction upon their h gislatures is. that tbey shall not pa?s laws upon certain specified subjects. This scheme, then, so I'ar, is upon the priuciploof non-intervention. The bill which the silrct committee of eight reported j?steiduy. establishes governments in the Territories of Oregon. California and New Mexico. The chaiiman. (Mr Clapton.) on reporting the bill, stated that it had been agreed upon by the committee, with gr< at unanimity; and we understand that the committee were unanimous in the report?one member from a Northern and one fmm a Southern Statu, having reservi d to themselves the right to act as they may bo advisi d upon more perfect consideration. 'J lie bill (of which we have been unable to obtain a copp) is Mibslsntiatly as follows :?It establishes a government in Oregon, substantially as provided by the bill lately before the Senate, which whs referred to the select coumitlee. It is. however . amended <? as to leave the Ihws of the provisional government of Oregon ia lorcc until alter the organization by Congress, whoa the Legislature of the territory are nuthorisud to codtlliUe ? r repeal them, hs they may see tit. California I* organised by the appointment by the President and Senate, of a governor, secretary, three judge*, a district attorney, an I a marshal. 'I ho governor atid judges to constitute a legislative council, and to puss such laws as they may deem necessary ; hut they lire prohibited from legislating upon slavery, to 1 est nblieb n lorm of religion, to Ineur debt upon the ' territorial faith, or to primarily dispose of the soil. i 1 heir laws mu to bo submitted to Cougresa, and If not j approved, to bcTeid. There is to he an appeal froin the i 'I etritorlal court* to the .supreme ( onrt of the United ' States, in the rnme cases as f.oui the circuit courts of 1 the United States. New Mexico is the same In all respects, except hut two judges are to be appointed for It. The laws and constitution of the United Status are extended oxer it 1 his Importont hill is ordered to he printed, and wilt be taken up at an early day by the Senate. YVe underHand that it has already lound much favor with that body, and it Is supposed wilt pass the Senate by a pretty strong vote. [From the Now Vork Kxpresa. ] The fseniite of the United tjtetea now hug before itaseruve a nubject a?ever agitated n deliberative nsM'itibly, and that is, the incor|M?ration of terrtlo ries. In which it ia to be denided whet tier or not the institution ot n> gro slavey, first exi t<' g on the \Umtic seaboard, shall now be extended to the Pacific. YVe are not prepared at present to express a oplnlou upon Mr Clayton's bill?for It requires more tudy than wo haTo at present time to give it. and first i ell to know what have been the d. < 1-tons r f the Sup- e o t ourt of the United States upon this, or kindred s jeet*. The Supreme Court of the United States which, under this bill, is to he the arbiter of th? destiny of Ntw Mexico end California, subject, how.v r. always In ti e action of fongrra eonslsls of II v judges from 1 ih* slave States. ?ml four from the ftsee States. Ills not to be supposed, however, that sonugual and Indc- | pendent n tiil.unel will beswened an in. !i Icom whit i? cofstltntb i at Inly and ei.n-f.tmional law. bnf It l?, 1 net? i tit It??, n't wot tii tin wh le . > disguUe the If--a! 1 cliCii'tf r of itx ci tup ..lion, or to l'orget the l icr fait ? it. I'.!' ,J ' c i .i . . .L D . TWO CENTS. is its b' llftrn drtfy to decide by the precede of e nflt? prod? wn re. which *re it* rommoo Uir Our Wi?-hlrij$ton correspondent who is weft Informed of the opinion ol lending Nrr'hirii m?n. writes usthnt tho (rrec-d-nte ol I lis court sfubi'rh freedom whv.ru fre- I nil already exirtr- nnd there is ria>on to coincide with him in tho opintr n. browuse Mr. < sDioun wi-hed to eet?M'rb in Ni w .Mi'i'co und ' .i/iforntB * local federal tribunal su peri< r to nil suihority hot its own, and because bo resisted to tin* lest the writ of error from t o iooni court to tin Supreme tribunal. Under this bill, then, if t so hnpf en that ttm courts constituted t?y the bill /which tin' President, by njrd'Wtth the Advice nnd eonM iil i t the Senate, is to erenfe) decide to establish ntM,i-r? i Fi Vew Mtoirii iinri t'rtifnrnln. Then there is Mil sppiui to the Suprmir court of the United Stater. and it tiny revirro tlio ilieiainii, alavery tutu not exiat Mianvtille, f.'on|cr>irr liar utlit*present power* toenaot the Wllniot rrovino" when it wftl, or to ertablirh ??y oliit'i fiiiiiJattn nt:> 1 laws. 'i iio tjutftlon tht n iirift" for the practical mind ttv deride?nud till* ir a world which practice. not theory, ruli a?whether It la beat for t nnprin to adjourn and to leu ye thin h in tla'u </u? or to enact Mr. Clayton'? hill? A ilji urnment leaver open New Mexico and Calit'i miit to the invasion of Niavery. There ir no lair at present tin re to keep -la Very out ?anil if an attempt war made to eject it. it in not probable that Ifnlleil States eflicer-. tinder the direction of Mr. folk, woutil aid In tlie ejection. Slavery thus. before another Coupreca meet, can be ertutdirhiBK and rtrengtlMinindltialf In New Mex'eo and California But pure Mr. c'laytnn'r hill, and if the a'tempt ir made, it ea?e la irnma, (l ately made lor the Supreme Court, and if that decision he well, no further epilation ir needed ; or if It ho UB-atisfaetory, Conprivs will be jurt itr potent to legislate next ypcr nr it will be K it adjourns now, and deer uolhinjr. Hut. the whole subject Ir too pp?ri?, too complox for Ur to parti a ilecinou upon, jurt now ; and we olose with reei.urn i ndinp to the attention of our reader*, ail thut 1.- raid and written, ur to which wn shall keep them fully informed [From the New Vork Journal of Comtnerco J ritr TGKiiiToittai. quriTioa. The decision of the Scnal^ committee ofeight on lite organi'/.tilion oi'the ttcwr territories, tit ellect authorise* the exclitrion of slavery from Oregon, lijr permitting itr leglrlat urn to not definitely on tho rubjact, lu t leaver the quartion open on it rerpeetr California and New Mexico Slave holdurr and non-rlave holder? fit r? Ni'l 11 ! in thitlwn lulttT Litrritt?rii?H iti?ii*n.rimitin.I ?*l w anil if any difficulties arise out of such soWleuinu's, they are to bo retcrred (ultimately) to the Supreme ( out t of the United Stale* for adjudication. Thus 1,'oupiers will be relieved trom the necessity of noting orj the maiu question until after llie next Preside utl.il election, and at much longer an they may see fit The view taken by the committee in plausible, vl*., that the queilli n is a constitutional one, and therefore belongs lalbcr to the Supreme Court, as the rightful interpreters ot the Constitution, than to Congress. The Su1 nioc Court, wesuspiot, will tlud the (Constitution vi ry silent on the sul^jeot; but on tbe general principles of that instrument, they will probably decide that tbe right of settlement in said territories is common to all American citizens, with their families and dependents. Whether this state of things will on the wl.olo be better, or even as good as ait out-right eomprinilsu on lutitude KU ltd, we at bast are inc.mud to doubt. Sui li a compromise would give to freedom at least three tilths of the two territories in lb aggregate, including the niaguillceut port of San Kranciscu. nut of tbe 11 oust in the world,?the town of Mouteroy. now the eapital of < alifornia?and all other localities whiah have been selected by our emigrants an the most desirable tor settlement. JI-'llUE m'i.hs'i oriMiov on tiik powers 01' CO.voress ovs.n AI.aVKHV. [from the National Intelligencer, Doc-2J.J MAS CONGUiai I'dUKH TO ISfSTITUTK SLAVERY ? Tbe brrt article <?1" the rontditulion declarea " that all legislative powers herein granted shall he vested in a Congress of the United States," dec. '1 liis limits the legislative notion of Congress to the subsi rjucntly enumerated powers. In the eighth suet ion of the first artiolo of the constitution it is declared that Coagress shall have power " to exercise exclusive legislation, in all cases whatsoever, over such district, not exceeding ten unlet s<|iitiro as may hy cession of particular States, and the a< ceplancu of Congress,become the seat of the government of the United States, und to exeroise luce auI Iki,It v iirur nil (tliii.eu titirahased. hv the consent of the legislature of tho Statu in which the same Khali h?; fir the friction of form, magazines, arsenals, dockyard* and other neui/ful building* " Under these provisions tho cession of the District of f oluuibia was made, within whioh territory slavery has beon long sanctioned, so that the power of Congress to institute it withiu the District did not urine; and no one. it is supposed, would contend that wit tin the cession of a nnu-slaveholdiug Statu for forts, ato , Congress could establish slavery. In no part of the constitution are slaves named or referred to as property, they are designated as persons. In the second section of the first article, whioh apportions representatives and direct taxes, the words three filths of nil persons" Include slaves. They are referred to in the ninth section of the same article, which declares that 'the migration or importation of such persons as any of the State* now existing shall think proper to admit, shall not be pruhibited by the Congress prior to the year eighteen hundred and eight," and also in the second section of the fourth article. In relation to fugitives from labor. In no other part of the constitution is there any rcferenoe to slaves. In tho third section of the fourth artiole it is declared " that Congress shall have power to dispose of and make all needful rules and regulations respecting the territory and other property belonging to the United Mates " Tho power here given 1* limited to tb* regulations of the property of the government, and may be exercised as well within a State a* a territory. It gives no express power te institute a territorial government, or to udept regulations beyond the speoitto objects of bis grant. Congress are authorised ' to di?pom of" the territory [land] or other property. Political power is not, it would seem, within the grant. 1 his is con.-idered too clear to be controverted. '1 here is no sacrifice power given to Congress, in the Const.tution. which authorize* tho establishment of tcmtcr'nl government. except that which relates to the Distiicl of Columb a. The ordinance ' for the government of the territory of the Untied States northwest of the river Ohio," was approval 7th August. 17*7. which wax before the for* noil id ii of thu Constitution of the Un.teil States.? 'J hat ordinance provided for the first and second grade of territorial government which extended over the territory that includes the present States of Ohio. Indiana, Illinois,s aud .Michigan Separa'e territorial governments v'ere formed under the ordinance, as the progress of the population demanded ; and this fact way have been supposed to render any provisions on the subject in the <Constitution unnecessary On the 7(h August. 17K'.', the ordinauce wsa modified by an act of ( ongrt ls, so as to adapt it to the Consulution. 'i he relation of master and slave Is dependent upon the local law, and when the slare escapes, by any means, t o a State w here such relation does not exist, he is frie. unless under a general law he may be rec.aptuiiil by the master The Constitution, which authorizes the reclamation of fugitives from labor, is thu law of the I nion ou this subject. There is uo principle in the laws of nations, nor In the common law, as between sovereignties, which authorises o recaption of a fugitive slave. 'J hoe principles will not be disputed by any one who has examined thu decisions of the Court ol ihe I nlteil States Under the articles of Confederation there was a provision for the return of fugitives from justice but none in regard to ab>conding slaves. There was theiefi re, no obligation on a free State, unless imposed by its own laws to deliver up a slave; nor were Ibere any legal means through which the master could claim ihe fugitive. The inconvenience and collision which fti i|iii ntly arose troni this statu of things led to the above provision in the Constitution. 'i he power to iuslitute slavery belongs exclusively to the community in which it exists. In the language of Chief Justice Taney, In droves vs Slaughter, 16 I'eters M8 a State has a right to decide itself wheth-r It will or will not permit slaves to be brought within its limits from another State, either for sale or auy other purpose: and also to prescribe the manner and no ile In which they may be introduced, and to determine tin ir condition aud treatment; and this action cannot be controlled by Congress, either by virtue of its power to regulate commerce, or by virtue of any nthi r pow? r conferred by the Constitution of the United States And in Ihe esse of I'rigg vs. the Commonwealth of rennsylvnniiv. lb relets oi I, the Supreme Court says: -'J he state of slavery is do., cd to be a mere municipal regulation, founded on . . and limited to the range of Ill* territorial lav.- ' nnd "It In manifest from this con1 literal ion 11 H if the < onititution hud not contained the clans < r recaption. every uon-sUreuolding Stat* in the |In i *<nli| have bren at liberty to have <leelan d free nil runaway tlaves routing within it* limit*, and to Imvr given them entire immunity and protect it. u nzainst tin- claims of their masters." 1 he true construction of the <;nu?titutioa Is, that implied powers can only lie exercised lu carrying into i llt-cl a specltic power And this implication ,s limiti d to sueli measure us shall be appropriate to the subject. 'i his is an admitted and safe rule of construction. It Is believed to be the only line wblob has been sanctioned by statesmen and jurist*. Power* evrcifed beyond this are not derived from the constitution, but inii~t depend upon an unlimited discretion. And this Is despotism Now, there Is no ppectttu power in the constitution, which authorises the organization of a territorial gorrrnuieut Such a power was given iu relation to the < District of Columbia, aud it was equally n cessary in ' 'tgarii to oilier territories. But if this power be int. died front the speciOo power given to regulate the 1 Imposition of the public laud-, it must, under the ibove rule, be limited to the means suitable to the nd in view. If Congress go beyond this in the uraiil/stion of a terrlti rial government, they act withlit limitation, and may establish a monarchy. Adult that tlicy may orgauixe a government, winch hall protect the lands purchased, and provide for the idniiui.-tration of justice aumng the settler*. It do a ly uo minus follow that they inay establish slavery I 1 his is n relation which mu t be created by tho local ovrreignty. It le a municipal irgulatnn of limited xteijt. mid, in i e. -arlly, of *u enuslly limited oilgin t is a donostie r lation over Which the federal go iinfiunt. eau exeici.-e no control. And, nb>vw ...a, he iti-iitniiou i f slavery I* not wi bin any iinplioaion nlia ii call 1" drawn from ... t i . i.-gu.o'c li- I ' 1,1 . '1X1. . . 'ks.a pti'* ' j JC [ J