Be
it enacted by the Senate and House of Representatives of the United States
of America in Congress 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
from dividing said Territory, or changing its boundaries, in such manner
and at such time as it may deem proper: Provided 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 States, on an equal
footing with the original States.
Sec. 2 And be it further enacted, that the government hereby authorized
shall consists of an executive, legislative, and judicial power. The executive
power shall be vested in a Governor, who, in addition to his other duties,
shall be ex officio superintendent of Indian affairs, but shall receive
no additional salary therefore. The legislative power shall consist of
a Council of nine member 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
prescribed there shall also be a secretary, a marshal, a district attorney,
and a surveyor general for said Territory, who together with the Governor,
and judges of the supreme courts 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 surveyor general 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 exceed in number those created by said act
and acts amendatory thereof 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 officers within the said
Territory.
Sec. 3 And be it further enacted. That there shall neither be slavery not involuntary servitude in the said territory otherwise than in the punishment of crime, where of the parties shall have been duly convicted, and all acts and pats 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 is hereby repealed.
Introduced by President Lincoln December 1, 1861.
Introduced as Senate Bill 254 March 31, 1862.
House Report 357 introduced by Speaker of the House May 9, 1862.
Passed by Senate February 20, 1863
Signed by President Lincoln February 24, 1863.
Bill becomes Law February 26, 1863.