CHAP. XI.] SURRENDER AT SAN AUGUSTINE SPRINGS, N. MEX.

of this Territory shall be vested in a supreme court, two district courts, two probate courts, and a justice of the peace, together with such municipal and other inferior courts as the wants of the people may form time to time require. The two district judges shall constitute the supreme court, each of whom shall determine all appeals, exceptions, and writs of error removed from the district court wherein the other presides. One of the said judges shall be designated as the chief justice of the supreme court. There shall be but one session each year, which shall be hold at the seat of government. The district judges shall hold two terms of court every year in their respective judicial districts. They may likewise hold special terms whenever in their opinion the ends of public justice require it.

The judicial districts of this Territory shall be divided as follows: The first judicial district shall comprise all the portion of Arizona lying east of the Apache Pass, the district and probate courts whereof shall be holden at La Mesilla. The second judicial district shall comprise the remainder of the Territory. The district and probate courts shall be holden at Tucson. The governor shall likewise appoint one probate judge and sheriff and the necessary justices of the peace in and for each judicial district. The constables shall be appointed by the respective justices of the peace. Each district judge shall appoint his own clerk, who shall be ex officio clerk of the probate courts of the two districts shall be holden at such times as heretofore provided by the legislature of New Mexico for the counties of Dona Ana and Arizona.

All suits and other business now pending in any of the late courts of New Mexico within this Territory shall be immediately transferred to the corresponding courts of this Territory of Arizona, and all prosecutions shall be carried on in the name of the Territory of Arizona.

There shall likewise be appointed by the governor attorney-general, secretary of the Territory, treasurer, and marshal, whose duty and compensation shall be the same as heretofore under the laws of New Mexico.

The city of Mesilla is hereby designated as the seat of government of this Territory.

All Territorial officers shall hold their respective terms of office until otherwise provided by Congress, unless sooner removed by the power appointing them.

The salaries, fees, and compensation of all Territorial officers shall remain the same as heretofore in the Territory of New Mexico.

The treasurer, marshal, sheriffs, and constables, before acting as such, shall execute to the Territory a bond, with good and sufficient securities, conditioned for the faithful discharge of their official duties, in the same manner as heretofore provided under the laws of New Mexico.

All Territorial officers, before entering upon their official duties, shall take on oath or affirmation to support the Constitution nd laws of the Confederate States and of this Territory and faithfully to discharge all duties incumbent upon them.

The bill of rights of the Territory of New Mexico, so far as consistent with the Constitution and laws of the Confederate States and the provisions of this decree, and hereby declared in full force and effect in the Territory of Arizona.

Given under my hand at Mesilla this 1st day of August, 1861.

JOHN R. BAYLOR, Gov. and Lieutenant Colonel , Commanding Mounted Rifles, C. S. Army.