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never will they proceed to a declaration of war, without having previously paid attention to what has been set forth in article twenty-one of the treaty of Guadalupe for similar cases; which article, as well as the twenty-second, is here reaffirmed.

ARTICLE VIII

The Mexican Government having on the 5th of February, 1853, authorized the early construction of a plank and railroad across the Isthmus of Tehuantepec, and, to secure the stable benefits of said transit way to the persons and merchandise of the citizens of Mexico and the United States, it is stipulated that neither government will interpose any obstacle to the transit of persons and merchandise of both nations; and at no time shall higher charges be made on the transit of persons and property of citizens of the United States, than may be made on the persons and property of other foreign nations, nor shall any interest in said transit way, nor in the proceeds thereof, be transferred to any foreign government.

The United States, by its agents, shall have the right to transport across the isthmus, in closed bags, the mails of the United States not intended for distribution along the line of communication; also the effects of the United States government and its citizens, which may be intended for transit, and not for distribution on the isthmus, free of custom-house or other charges by the Mexican government. Neither passports nor letters of security will be required of persons crossing the isthmus and not remaining in the country.

When the construction of the railroad shall be completed, the Mexican government agrees to open a port of entry in addition to the port of Vera Cruz, at or near the terminus of said road on the Gulf of Mexico.

The two governments will enter into arrangements for the prompt transit of troops and munitions of the United States, which that government may have occasion to send from one part of its territory to another, lying on opposite sides of the continent.

The Mexican government having agreed to protect with its whole power the prosecution, preservation, and security of the work, the United States may extend its protection as it shall judge wise to it when it may feel sanctioned and warranted by the public or international law.

ARTICLE IX

This treaty shall be ratified, and the respective ratifications shall be exchanged at the city of Washington within the exact period of six months from the date of its signature, or sooner, if possible.

In testimony whereof, we, the plenipotentiaries of the contracting parties, have hereunto affixed our hands and seals at Mexico, the thirtieth (30th) day of December, in the year of our Lord one thousand eight hundred and fifty-three, in the thirty-third year of the independence of the Mexican republic, and the seventy-eighth of that of the United States.

JAMES GADSDEN,

[L, s.] MANUEL DIEZ DE BONILLA, CL. S. JOSE SALAZAR Y LARREGUI, (L. s.] J. MARIANO MONTERDE, (L. s.]

TERRITORIAL GOVERNMENT OF ARIZONA—1863

(THIRTY-SEVENTH CONGRESS, THIRD SESSION] An Act to provide a temporary Government for the Territory of Arizona, and for

other Purposes

Be it enacted by the Senate and House of Representatives of the United States of America in ('ongress assembled, That all that part of the present Territory of New Mexico situate west of a line running due south from the point where the southwest corner of the Territory of Colorado joins the northern boundary of the Territory of New Mexico to the southern boundary line of said Territory of New Mexico be, and the same is hereby, erected into a temporary government by the name of the Territory of Arizona : Provided, That nothing contained in the provisions of this act shall be construed to prohibit the Congress of the United States from dividing said Territory or changing its boundaries in such manner and at such time as it may deem proper: Prorided, further, That said government shall be maintained and continued until such time as the people residing in said Territory shall, with the consent of Congress, form a State government, republican in form, as prescribed in the Constitution of the United States, and apply for and obtain admission into the Union as a State, on an equal footing with the original States.

Sec. 2. And be it further enacted, That the government hereby authorized shall consist of an executive, legislative, and judicial power. The executive power shall be vested in a governor. The legislative power shall consist of a council of nine members, and a house of representatives of eighteen. The judicial power shall be vested in a supreme court, to consist of three judges, and such inferior courts as the legislative council may by law prescribe; there shall also be a secretary, a marshal, a district attorney, and a surveyorgeneral for said Territory, who, together with the governor and judges of the supreme court, shall be appointed by the President, by and with the advice and consent of the Senate, and the term of office for each, the manner of their appointment, and the powers, duties, and the compensation of the governor, legislative assembly, judges of the supreme court, secretary, marshal, district attorney, and surveyorgeneral aforesaid, with their clerks, draughtsman, deputies, and sergeant-at-arms, shall be such as are conferred upon the same officers by the act organizing the Territorial government of New Mexico, which subordinate officers shall be appointed in the same manner, and not

a For other statutes of an organic nature relating to Arizona subsequent to 1863, see an act to regulate elective franchise in, January 25, 1867; to prohibit special acts of incorporation, March 2, 1867; to confirm apportionment and to amend certain laws of, March 23, 1870; to limit the duration of legislative sessions and to fix the pay of members, January 23, 1873 ; to empower legislative assembly to pass general laws for the incorporation of certain companies, June 10, 1872 ; to fix the nature of governor's veto power, July 19, 1876 ; to fix number of members and compensation of each house of legislature, June 19, 1878. June 27, 1879; to limit legislature's power to pass special acts of incorporation, March :9, 1885; to prohibit many forms of special legislation, July 30, 1886; to permit the erection of counties, July 19. 1888; to give control over liquor traffic, August 8, 1890 ; to provide for appeals to l'nited States circuit court of appeals, March 3, 1891.

exceed in number those created by said act; and acts amendatory thereto, together with all legislative enactments of the Territory of New Mexico not inconsistent with the provisions of this act, are hereby extended to and continued in force in the said Territory of Arizona, until repealed or amended by future legislation: Provided, That no salary shall be due or paid the officers created by this act until they have entered upon the duties of their respective offices within the said Territory:

Sec. 3. And be it further enacted, That there shall neither be slavery nor involuntary servitude in the said Territory, otherwise than in the punishment of crimes, whereof the parties shall have been duly convicted; and all acts and parts of acts, either of Congress or of the Territory of New Mexico, establishing, regulating or in any way recognizing the relation of master and slave in said Territory, are hereby repealed.

Approved, February 24, 1863.

ENABLING ACT FOR ARIZONA AND NEW MEXICO—1906

(See Oklahoma, p. 2960.)

ARKANSAS

For organic acts issued before 1817 relating to the land now included within Arkansas, see in this work :

Treaty Ceding Louisiana, 1803 (Louisiana, p. 1359).
The District of Louisiana, 1804 (Louisiana, p. 1364).
The Territory of Louisiana, 1805 (Louisiana, p. 1371).
The Territory of Missouri, 1812 (Missouri, p. 2139).

TERRITORIAL GOVERNMENT OF ARKANSAS—1819 a

[FIFTEENTH ('ONGRESS, SECOND SESSION |

An Act establishing a separate territorial government in the southern part of

the Territory of Missouri

Be it enacted by the Senate and House of Representatives of the United States of America in Congress ussembled, That, from and after the fourth day of July next, all that part of the Territory of Missouri which lies south of a line beginning on the Mississippi River, at thirty-six degrees north latitude, running thence west to the river Saint François; thence, up the same, to thirty-six degrees thirty minutes north latitude; and thence, west, to the western territorial boundary-line; shall, for the purposes of a territorial government, constitute a separate Territory, and be called the Arkansaw Territory.

Sec. 2. And be it further enacted, That there shall be established in the said Territory of Irkansaw, a temporary government, to consist of three departments, the executive, the legislative, and the judiciary.

Sec. 3. And be it further enacted, That the executive power shall be vested in a governor, who shall reside in the said Territory, and shall hold his office during three years, unless sooner removed by the President of the United States; he shall be commander-in-chief of the militia of said Territory, shall have power to appoint and commission all officers required by law to be appointed for said Territory, whose appointments are not otherwise provided for by this act; shall take care that the laws be faithfully executed; shall have power to grant pardons for offenses against the said Territory, and reprieves for those against the United States, until the decision of the President thereon shall have been made known; shall, on extraordinary occasions, have power to convene the general assembly, hereinafter provided for, after one shall have been organized in conformity to law; shall, ex-officio, be superintendent of Indian affairs, and shall have such other powers, and perform such further duties, as are by law given to, and imposed on, the governor of the Missouri Territory, in all cases in which they shall become legally applicable to the Territory of Arkansaw.

a For other statutes of an organic nature relating to Arkansas subsequent to 1819, see the act to declare the provisions of earlier laws respecting Missouri Territory in force in Arkansas, April 24, 1820 ; to fix the western boundary of, May 26, 1824; to reorganize the courts and permit the erection of counties, April 17, 1828 ; to mark boundary with Louisiana, May 19, 1828 ; to pay salaries of legislative council and of officers, May 21, 1828 ; to authorize citizens to elect officers, and giving governor a qualified veto upon the action of the two houses of the legislature, January 21, 1829; to appoint a brigadier-general over the militia, April 15, 1830; to authorize the courts to reverse certain decisions, May 8, 1830; to authorize governor to appoint to certain vacancies, May 8, 1830; to define qualifications of electors, May 31, 1832; to increase salaries of judges, June 30, 1834.

SEC. 4. Ind be it further enacted, That there shall be a secretary for the said Territory, who shall reside therein and continue in office for the term of four years, unless sooner removed by the President; he shall perform all the duties imposed on the secretary for the Territory of Missouri, by an act of Congress of the fourth of June, eighteen hundred and twelve, entitled "An act providing for the government of Missouri."

Sec. 5. And be it further enacted, That the legislative power shall, until the organization of the general assembly, hereinafter provided for, be vested in the governor and the judges of the superior court of the Territory, who shall have power to pass any law for the administration of justice in said Territory, which shall not be repugnant to this act, or inconsistent with the Constitution of the United States: Provided, That whenever the general assembly shall be organized, all the legislative power of the Territory shall be vested in, and be exercised by, the said general assembly.

Sec. 6. And be it further enacted, That so much of the act of Congress of the fourth of June, eighteen hundred and twelve, entitled "An act providing for the government of the Territory of Missouri," as relates to the organization of a general assembly therein, prescribes the powers and privileges thereof, the mode of election, and period of service, of the members thereof, and defines the qualifications and privileges of the electors and elected, shall be in full force and operation in the Arkansaw Territory, to the extent of its application, so soon as the governor thereof shall be satisfied that such is the desire of a majority of the freeholders thereof, and not until then: Prorideil, That until there shall be five thousand free white males, of the age of twenty-one years and upwards, resident in the said Territory, the whole number of representatives shall not exceed nine.

Sec. 7. And be it further enacted, That the judicial power of the Territory shall be vested in a superior court, and in such inferior courts as the legislative department of the Territory shall, from time to time, institute and establish, and in justices of the peace. The superior court shall be composed of three judges, who shall reside in the Territory, and continue in office for the term of four years, unless sooner removed by the President. The superior court shall have jurisdiction in all criminal and penal cases, and exclusive cognizance of all capital cases, and shall have and exercise original jurisdiction, concurrently with the inferior courts, and exclusive appellate jurisdiction in all civil cases in which the amount in controversy shall be one hundred dollars or upwards. The superior court shall be holden

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