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Compromise of 1850 (1850)

1850年的妥协 (1850)
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Citation: Resolution introduced by Senator Henry Clay in relation to the adjustment of all existing questions of controversy between the states arising out of the institution of slavery (the resolution later became known as the Compromise of 1850), January, 29, 1850; Senate Simple Resolutions, Motions, and Orders of the 31st Congress, ca.

引文:亨利·克莱参议员提出的关于调整各州之间因奴隶制而引起的所有现有争议问题的决议(该决议后来被称为 1850 年妥协案),1850 年 1 月 29 日;参议院第 31 届国会的简单决议、动议和命令,约。

03/1849-ca.

03/1849-约。

03/1851; Record Group 46; Records of the United States Senate, 1789-1990; National Archives.

03/1851;记录组 46;美国参议院记录,1789 年至 1990 年;国家档案馆。

View All Pages in the National Archives Catalog

查看国家档案目录中的所有页面

The Compromise was actually a series of bills passed mainly to address issues related to slavery.

妥协实际上是通过的一系列法案,主要是为了解决与奴隶制有关的问题。

The bills provided for slavery to be decided by popular sovereignty in the admission of new states, prohibited the slave trade in the District of Columbia, settled a Texas boundary dispute, and established a stricter fugitive slave act.

该法案规定奴隶制在新州加入时由人民主权决定,禁止哥伦比亚特区的奴隶贸易,解决了德克萨斯州的边界争端,并制定了更严格的逃亡奴隶法。

By 1850 sectional disagreements related to slavery were straining the bonds of union between the North and South.

到 1850 年,与奴隶制有关的局部分歧使南北联盟的纽带变得紧张。

These tensions became especially critical when Congress began to consider whether western lands acquired after the Mexican-American War would permit slavery.

当国会开始考虑美墨战争后获得的西部土地是否允许奴隶制时,这些紧张局势变得尤为严重。

In 1849, California requested permission to enter the Union as a "free state" – meaning one where slavery was banned.

1849 年,加利福尼亚请求允许以“自由州”的身份加入联邦——这意味着奴隶制被禁止。

Adding more "free state" senators to Congress would destroy the balance between "slave" and "free" states that had existed since the Missouri Compromise of 1820.

在国会中增加更多的“自由州”参议员将破坏自 1820 年密苏里妥协以来一直存在的“奴隶”州和“自由”州之间的平衡。

Because everyone looked to the Senate to defuse the growing crisis, Senator Henry Clay of Kentucky proposed a series of resolutions designed to "adjust amicably all existing questions of controversy...arising out of the institution of slavery." Clay attempted to frame his compromise so that nationally minded senators would vote for legislation in the interest of the Union.

由于每个人都指望参议院化解日益严重的危机,肯塔基州参议员亨利·克莱提出了一系列决议,旨在“友好地调整……因奴隶制而产生的所有现有争议问题”。克莱试图制定他的妥协方案,以便具有民族意识的参议员能够为了联邦的利益而投票支持立法。

In one of the most famous congressional debates in American history, the Senate discussed Clay’s solution for seven months.

在美国历史上最著名的国会辩论之一中,参议院讨论了克莱的解决方案七个月。

It initially voted down his legislative package, but Senator Stephen A.

它最初否决了他的立法方案,但参议员斯蒂芬·A.

Douglas of Illinois stepped forward with substitute bills, which passed both Houses.

伊利诺伊州的道格拉斯提出了替代法案,并在参众两院获得通过。

With the Compromise of 1850, Congress had addressed the immediate crisis created by the recent territorial expansion.

通过 1850 年的妥协,国会解决了最近领土扩张所造成的直接危机。

But one aspect of the compromise – a strengthened fugitive slave act – soon began to threaten sectional peace.

但妥协的一个方面——加强逃亡奴隶法案——很快就开始威胁到局部和平。

Though a fugitive slave clause was included in the Constitution and supported by legislation since the founding of the nation, the Fugitive Slave Act of 1850 added several new regulations.

尽管逃亡奴隶条款自建国以来就被写入宪法并得到立法支持,但 1850 年的《逃亡奴隶法》增加了几项新的规定。

For example, both federal and local law enforcement in all states (both "slave" and "free") were required to enforce the legislation and arrest suspected fugitive slaves.

例如,所有州(“奴隶”州和“自由”州)的联邦和地方执法部门都必须执行立法并逮捕涉嫌逃亡的奴隶。

In addition, anyone aiding an enslaved person escape from bondage was subject to imprisonment and a fine.

此外,任何帮助被奴役者逃脱束缚的人都会被监禁和罚款。

The enforcement of these strict requirements angered many in the North.

这些严格要求的执行激怒了北方的许多人。

The Compromise of 1850 is composed of five statutes enacted in September of 1850.

1850 年妥协案由 1850 年 9 月颁布的五项法规组成。

The acts called for the admission of California as a "free state," provided for a territorial government for Utah and New Mexico, established a boundary between Texas and the United States, called for the abolition of slave trade in Washington, DC, and amended the Fugitive Slave Act.

这些法案呼吁承认加利福尼亚州为“自由州”,为犹他州和新墨西哥州建立领土政府,在德克萨斯州和美国之间划定边界,呼吁废除华盛顿特区的奴隶贸易,并修订《逃亡奴隶法》。

The document presented here is Henry Clay’s handwritten copy of the original resolutions, which were not passed.

这里提供的文件是亨利·克莱 (Henry Clay) 原始决议的手写副本,该决议并未获得通过。

The transcription includes Clay’s Resolution and the five statutes approved by Congress.

转录内容包括克莱决议和国会批准的五项法规。

This document is available on DocsTeach , the online tool for teaching with documents from the National Archives.

该文档可在 DocsTeach 上找到,这是一个使用国家档案馆文档进行教学的在线工具。

Find teaching activities that incorporate this document, or create your own online activity .

查找包含本文档的教学活动,或创建您自己的在线活动。

Clay's Resolutions | First Statute | Second Statute | Third Statute | Fourth Statute | Fifth Statute

克莱的决心|第一法规|第二条规|第三条规|第四条规|第五条规约

Note: The six documents transcribed here are Henry Clay’s Resolution and the five statutes approved by Congress.

注:此处转录的六份文件是亨利·克莱的决议和国会批准的五项法规。

The acts called for the admission of California as a “free state,” provided for a territorial government for Utah and New Mexico, established a boundary between Texas and the United States, called for the abolition of slave trade in Washington, DC, and amended the Fugitive Slave Act.

这些法案呼吁承认加利福尼亚州为“自由州”,为犹他州和新墨西哥州提供领土政府,在德克萨斯州和美国之间划定边界,呼吁废除华盛顿特区的奴隶贸易,并修订《逃亡奴隶法》。

It being desirable, for the peace, concord, and harmony of the Union of these States, to settle and adjust amicably all existing questions of controversy between them arising out of the institution of slavery upon a fair, equitable and just basis: therefore,

为了这些国家联盟的和平、和谐与和谐,最好在公平、公正和公正的基础上友好地解决和调整它们之间因奴隶制制度而产生的所有现有争议问题:因此,

1.

1.

Resolved, That California, with suitable boundaries, ought, upon her application to be admitted as one of the States of this Union, without the imposition by Congress of any restriction in respect to the exclusion or introduction of slavery within those boundaries.

决议:具有适当边界的加利福尼亚州应在申请时被接纳为本联盟的州之一,而国会不应在这些边界内对排除或引入奴隶制施加任何限制。

2.

2.

Resolved, That as slavery does not exist by law, and is not likely to be introduced into any of the territory acquired by the United States from the republic of Mexico, it is inexpedient for Congress to provide by law either for its introduction into, or exclusion from, any part of the said territory; and that appropriate territorial governments ought to be established by Congress in all of the said territory , not assigned as the boundaries of the proposed State of California, without the adoption of any restriction or condition on the subject of slavery.

决议,由于奴隶制在法律上并不存在,而且不太可能被引入美国从墨西哥共和国获得的任何领土,因此国会不宜通过法律规定将奴隶制引入或排除在上述领土的任何部分;国会应在所有上述领土上建立适当的领土政府,而不是指定为拟议的加利福尼亚州的边界,并且不对奴隶制问题采取任何限制或条件。

3.

3.

Resolved, That the western boundary of the State of Texas ought to be fixed on the Rio del Norte, commencing one marine league from its mouth, and running up that river to the southern line of New Mexico; thence with that line eastwardly, and so continuing in the same direction to the line as established between the United States and Spain, excluding any portion of New Mexico, whether lying on the east or west of that river.

决定,德克萨斯州的西部边界应固定在北里约河,从其河口开始一个海洋联盟,并沿着这条河一直延伸到新墨西哥州的南线;从那里以该线向东延伸,并以与美国和西班牙之间所确定的线相同的方向继续,不包括新墨西哥州的任何部分,无论位于该河的东部还是西部。

4.

4.

Resolved, That it be proposed to the State of Texas, that the United States will provide for the payment of all that portion of the legitimate and bona fide public debt of that State contracted prior to its annexation to the United States, and for which the duties on foreign imports were pledged by the said State to its creditors, not exceeding the sum of- dollars, in consideration of the said duties so pledged having been no longer applicable to that object after the said annexation, but having thenceforward become payable to the United States; and upon the condition, also, that the said State of Texas shall, by some solemn and authentic act of her legislature or of a convention, relinquish to the United States any claim which it has to any part of New Mexico.

决议,建议德克萨斯州,美国将规定支付该州在并入美国之前所签订的全部合法和善意公共债务,并且该州向其债权人承诺对外国进口商品征收关税,金额不超过美元,考虑到如此承诺的关税在上述吞并之后不再适用于该对象,但从那时起就应支付给美国;条件是,德克萨斯州应通过其立法机构或会议的某种庄严而真实的法案,将其对新墨西哥州任何部分的任何主张放弃给美国。

5.

5.

Resolved, That it is inexpedient to abolish slavery in the District of Columbia whilst that institution continues to exist in the State of Maryland, without the consent of that State, without the consent of the people of the District, and without just compensation to the owners of slaves within the District.

决议:在马里兰州继续存在这一制度的同时,在哥伦比亚特区废除奴隶制是不适宜的,未经该州同意,未经该地区人民同意,也不对该地区奴隶主给予公正补偿。

6.

6.

But, resolved, That it is expedient to prohibit, within the District, the slave trade in slaves brought into it from States or places beyond the limits of the District, either to be sold therein as merchandise, or to be transported to other markets without the District of Columbia.

但是,决定在特区内禁止对从特区范围以外的州或地方带入的奴隶进行奴隶贸易,无论是在特区内作为商品出售,还是运往哥伦比亚特区以外的其他市场。

7.

7.

Resolved, That more effectual provision ought to be made by law, according to the requirement of the constitution, for the restitution and delivery of persons bound to service or labor in any State, who may escape into any other State or Territory in the Union.

决议:应根据宪法的要求,通过法律制定更有效的规定,归还和交付在任何州服役或劳动、可能逃往联邦任何其他州或地区的人员。

And,

并且,

8.

8.

Resolved, That Congress has no power to promote or obstruct the trade in slaves between the slaveholding States; but that the admission or exclusion of slaves brought from one into another of them, depends exclusively upon their own particular laws.

决议:国会无权促进或阻碍蓄奴州之间的奴隶贸易;但是,接纳或排斥从一个国家带入另一个国家的奴隶完全取决于他们自己的特定法律。

An Act proposing to the State of Texas the Establishment of her Northern and Western Boundaries, the Relinquishment by the said State of all Territory claimed by her exterior to said boundaries, and of all her Claims upon the United States, and to establish a territorial Government for New Mexico.

该法案提议德克萨斯州建立其北部和西部边界,放弃其在上述边界之外声称拥有主权的所有领土以及其对美国的所有主张,并为新墨西哥州建立一个领土政府。

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following propositions shall be, and the same hereby are, offered to the State of Texas, which, when agreed to by the said State, in an act passed by the general assembly, shall be binding and obligatory upon the United States, and upon the said State of Texas: Provided, The said agreement by the said general assembly shall be given on or before the first day of December, eighteen hundred and fifty: FIRST.

美利坚合众国参议院和众议院在国会中制定的法案,应向德克萨斯州提出以下提案,经该州在大会通过的法案中同意后,将对美国和该德克萨斯州具有约束力和义务:前提是,该大会的上述协议应在 12 月 1850 日或之前作出:首先。

The State of Texas will agree that her boundary on the north shall commence at the point at which the meridian of one hundred degrees west from Greenwich is intersected by the parallel of thirty-six degrees thirty minutes north latitude, and shall run from said point due west to the meridian of one hundred and three degrees west from Greenwich; thence her boundary shall run due south to the thirty-second degree of north latitude; thence on the said parallel of thirty-two degrees of north latitude to the Rio Bravo del Norte, and thence with the channel of said river to the Gulf of Mexico.

德克萨斯州将同意其北部边界应从格林威治以西一百零三度的子午线与北纬三十六度三十分的平行线相交的点开始,并从该点正西延伸到格林威治以西一百零三度的子午线;从那里,她的边界应向正南延伸至北纬三十二度;从所述北纬三十二度平行线到北布拉沃河,并从该河道到墨西哥湾。

SECOND.

第二。

The State of Texas cedes to the United States all her claim to territory exterior to the limits and boundaries which she agrees to establish by the first article of this agreement.

德克萨斯州将其对本协议第一条同意规定的界限和边界之外的所有领土主张割让给美国。

THIRD.

第三。

The State of Texas relinquishes all claim upon the United States for liability of the debts of Texas, and for compensation or indemnity for the surrender to the United States of her ships, forts, arsenals, custom-houses, custom-house revenue, arms and munitions of war, and public buildings with their sites, which became the property of the United States at the time of the annexation.

得克萨斯州放弃对美国对得克萨斯州债务的所有索赔,以及因将德克萨斯州的船舶、堡垒、军火库、海关、海关收入、战争武器和弹药以及在吞并时成为美国财产的公共建筑及其场地移交给美国而要求的赔偿或赔偿。

FOURTH.

第四。

The United States, in consideration of said establishment of boundaries, cession of claim--,to territory, and relinquishment of claims, will pay to the State of Texas the sum of ten millions of dollars in a stock bearing five per cent.

考虑到上述边界的建立、领土主权要求的转让以及领土主权要求的放弃,美国将向德克萨斯州支付价值 1000 万美元的股息为 5% 的股票。

interest, and redeemable at the end of fourteen years, the interest payable half-yearly at the treasury of the United States.

利息,十四年后可赎回,美国财政部每半年支付一次利息。

FIFTH.

第五。

Immediately after the President of the United States shall have been furnished with an authentic copy of the act of the general assembly of Texas accepting these propositions, he shall cause the stock to be issued in favor of the State of Texas, as provided for in the fourth article of this agreement: Provided, also, That no more than five millions of said stock shall be issued until the creditors of the State holding bonds and other certificates of stock of Texas for which duties on imports were specially pledged, shall first file at the treasury of the United States releases of all claim against the United States for or on account of said bonds or certificates in such form as shall be prescribed by the Secretary of the Treasury and approved by the president of the United States: Provided, That nothing herein contained.

在美国总统收到德克萨斯州议会接受这些提议的法案的真实副本后,他应按照本协议第四条的规定,立即发行以德克萨斯州为受益人的股票:同时,发行的上述股票不得超过五百万股,直到持有德克萨斯州债券和其他已特别承诺进口关税的股票凭证的债权人首先向美国财政部提交申请。以财政部长规定并经美国总统批准的形式,释放因上述债券或证书而对美国提出的所有索赔:前提是,本文不包含任何内容。

shall be construed to impair or qualify any thing contained in the third article of the second section of the " joint resolution for annexing Texas to the United States," approved March first, eighteen hundred and forty-five; either as regards the number of States that may here- after be formed out of the State of Texas, or otherwise.

不得被解释为损害或限制 1845 年 3 月 1 日批准的“将德克萨斯州并入美国的联合决议”第二节第三条中包含的任何内容;无论是关于德克萨斯州此后可能组成的州的数量,还是其他方面。

SEC.

美国证券交易委员会。

2.

2.

And be it further enacted, That all that portion of the Territory of the United States bounded as follows: Beginning at a point in the Colorado River where the boundary line with the republic of Mexico crosses the same; thence eastwardly with the said boundary line to the Rio Grande; thence following the main channel of said river the parallel of the thirty-second degree of north latitude; thence east with said degree to its intersection with the one hundred and third degree of longitude west of Greenwich; thence north with said degree of longitude to the parallel of thirty-eighth degree of north latitude; thence west with said parallel to the summit of the Sierra Madre; thence south with the crest of said mountains to the thirty-seventh parallel of north latitude; thence west with said parallel to its intersection with the boundary line of the State of California ; thence with said boundary line to the place of beginning- be, and the same is hereby, erected into a temporary government, by the name of the Territory of New Mexico: Provided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State: And provided, further, That, when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union, with or without slavery, as their constitution may prescribe at the time of their admission.

进一步规定,美利坚合众国领土的所有部分的边界如下:从科罗拉多河中与墨西哥共和国边界线相交的一点开始;从那里向东沿上述边界线到达里奥格兰德河;从那里沿着所述河流的主河道平行于北纬三十二度;从那里向东以所述度数到达与格林威治以西一百零三度经度的交点;从那里以所述经度向北到北纬三十八度线;从那里向西,与马德雷山脉的山顶平行;从上述山脉的山顶向南到北纬三十七度线;从那里向西平行于其与加利福尼亚州边界线的交点;从上述边界线到起始地,特此建立一个名为新墨西哥州的临时政府:前提是,本法案中的任何内容均不得解释为禁止美国政府以国会认为方便和适当的方式和时间将所述领土划分为两个或多个领土,或将其任何部分附属于任何其他领土或州:并且进一步规定,当被接纳为一个州后,上述领土或其任何部分,无论是否存在奴隶制,均应被纳入联邦,按照其宪法在加入时所规定的那样。

SEC.

美国证券交易委员会。

3.

3.

And be it further enacted, That the executive power and authority in and over said Territory of New Mexico shall be vested in , a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States.

并进一步颁布,新墨西哥领土的行政权和权力应归属一位州长,任期四年,直到他的继任者被任命并合格为止,除非美国总统提前罢免。

The governor shall reside within said Territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws passed by the legislative assembly before they shall take effect; he may grant pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon.

总督应居住在该领土内,担任该领土民兵的总司令,履行印第安事务主管的职责并领取其薪酬,并应在立法议会通过的所有法律生效前批准这些法律;他可以对违反该领土法律的罪行给予赦免,对违反美国法律的罪行给予缓刑,直到总统就此作出决定。

he shall commission all officers who shall be appointed to office under the laws of the said Territory, and shall take care that the laws be faithfully executed.

他应任命根据该领土法律任命的所有官员,并应确保法律得到忠实执行。

SEC.

美国证券交易委员会。

4.

4.

And be it further enacted, That there shall be a secretary of said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States ; .he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted and all the acts and proceedings of the governor in his executive department ; he shall transmit one copy of the laws and one copy of the executive proceedings, on or before the first day of December in each year, to the President of the United States, and, at the same time, two copies of the laws to the Speaker of the House of Representatives and the President of the Senate, for the use of Congress.

进一步规定,该领土应有一名秘书,他应居住在该领土,任期四年,除非被美国总统提前解除; .他应记录并保存以下组成的立法议会的所有法律和程序以及总督在其行政部门的所有行为和程序;他应在每年 12 月 1 日或之前将一份法律副本和一份行政程序副本送交美国总统,同时将两份法律副本送交众议院议长和参议院议长,供国会使用。

And, in case of the death, removal, resignation, or other necessary absence of the governor from the Territory, the secretary shall have, and he is hereby authorized and required to execute and perform all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy.

并且,如果总督死亡、被免职、辞职或因其他原因而必须离开领土,则秘书应有权并特此授权并要求他在该空缺或必要缺席期间执行和履行总督的所有权力和职责,或者直到正式任命另一名总督来填补该空缺为止。

SEC.

美国证券交易委员会。

5.

5.

And be it further enacted, That the legislative power and authority of said Territory shall be vested in the governor and a legislative assembly.

进一步规定,该领土的立法权和权力应归属总督和立法议会。

The legislative assembly shall consist of a Council and House of Representatives.

立法会议由理事会和众议院组成。

The Council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years.

理事会由十三名成员组成,具有下文规定的选民资格,任期为两年。

The House of Representatives shall consist of twenty-six members, possessing the same qualifications as prescribed for members of the Council, and whose term of service shall continue one year.

众议院由二十六名议员组成,具有与理事会成员相同的资格,任期为一年。

An apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the Council and House of Representatives, giving to each section of the Territory representation in the ratio of its population, (Indians excepted,) as nearly as may be.

选举议会和众议院时,应在几个县或地区之间进行尽可能接近平等的分配,使领土各部分的代表权尽可能接近其人口比例(印第安人除外)。

And the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, the district for which they may be elected respectively.

理事会成员和众议院成员应分别居住在他们可能当选的选区,并且是其居民。

Previous to the first election, the governor shall cause a census or enumeration of the inhabitants of the several counties and districts of the Territory to be taken, and the first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and he shall, at the same time, declare the number of the members of the Council and House of Representatives to which each of the counties or districts shall be entitled under this act.

在第一次选举之前,总督应安排对领土内若干县和地区的居民进行人口普查或清点,第一次选举应在总督指定和指示的时间、地点和方式进行;同时,他还应宣布各县或区根据本法有权获得的参议院和众议院议员人数。

The number of persons authorized to be elected having the highest number of votes in each of said Council districts, for members of the Council, shall be declared by the governor to be duly elected to the Council; and the person or persons authorized to be elected having the greatest number of votes for the House of Representatives, equal to the number to which each county or district shall be entitled, shall be declared by the governor to be duly elected members of the House of Representatives: Provided, That in case of a tie- between two or more persons voted for, the governor shall order a new election to supply the vacancy made by such tie.

理事会成员中,在上述各理事会选区中获得最高票数的授权当选人数,应由总督宣布正式当选为理事会成员;州长应宣布获得众议院最高票数(相当于每个县或地区应得票数)的众议院议员正式当选为众议院议员:但如果两个或两个以上投票人数相同,则州长应下令重新选举以填补因票数相同而产生的空缺。

And the persons thus elected to the legislative assembly shall meet at such place and on such day as the governor shall appoint; but thereafter, the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the Council and House of Representatives according to the population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Provided, That no one session shall exceed the term of forty days.

如此当选的立法议会成员应在总督指定的地点和日期举行会议;但此后,举行和进行一切人民选举的时间、地点和方式,以及根据人口在若干县或地区向议会和众议院分配代表权,以及立法会议常会开始的日期,均由法律规定:但任何一届会议的任期不得超过四十天。

SEC.

美国证券交易委员会。

6.

6.

And be it further enacted, That every free white male inhabitant, above the age of twenty-one years, who shall have been a resident of said Territory at the time of the passage of this act, shall be entitled to vote at the first election, and shall be eligible to any office within the said Territory; but the qualifications of voters and of holding office, at all subsequent elections, shall be such as shall be prescribed by the legislative assembly: Provided, That the right of suffrage, and of holding office, shall be exercised only by citizens of the United States, including those recognized as citizens by the treaty with the republic of Mexico, concluded February second, eighteen hundred and forty-eight.

进一步规定,在本法案通过时已是该领土居民的每一位年满二十一岁的自由白人男性居民,均有权在第一次选举中投票,并有资格担任该领土内的任何职位;但在随后的所有选举中,选民和担任公职的资格应由立法议会规定:前提是,选举权和担任公职的权利只能由美国公民行使,包括那些根据 1848 年 2 月 2 日与墨西哥共和国签订的条约承认的公民。

SEC.

美国证券交易委员会。

7.

7.

And be it further enacted, That the legislative power of the Territory shall extend to all rightful subjects of legislation, consistent with the Constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents.

并进一步颁布,领土的立法权应扩大到符合美国宪法和本法规定的所有合法立法主体;但不得通过任何干预土壤初次处置的法律;不得对美国财产征税;对非居民的土地或其他财产的征税也不得高于居民的土地或其他财产的征税。

All the laws passed by the legislative assembly and governor shall be submitted to the Congress of the United States, and, if disapproved, shall be null and of no effect.

立法议会和州长通过的所有法律均应提交美国国会,如果未获批准,则无效。

SEC.

美国证券交易委员会。

8.

8.

And be it further enacted, That all township, district, and county officers.

并进一步规定,各乡、区、县官员。

not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the Territory of New Mexico.

本条未另有规定的,应根据新墨西哥州州长和立法议会规定的方式任命或选举(视情况而定)。

The governor shall nominate, and, by and with the advice and consent of the legislative Council, appoint, an officers not herein otherwise provided for; and in the first instance the governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the legislative assembly, and shall lay off the necessary districts for members of the Council and House of Representatives, and all other officers.

总督应提名并经立法委员会的建议和同意任命本规定未另有规定的官员;首先,总督可以单独任命所有上述官员,这些官员的任职直至立法议会第一届会议结束,并为参议院和众议院议员以及所有其他官员划出必要的选区。

SEC.

美国证券交易委员会。

9.

9.

And be it further enacted, That no member of the legislative assembly shall hold, or be appointed to, any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected, and for one year after the expiration of such term; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of said Territory.

并进一步规定,立法议会的任何成员不得担任或被任命担任在其担任议员期间、当选任期内以及任期届满后一年内应设立的任何职务,或增加其工资或报酬;除邮政局长外,在美国担任委员会或任命的任何人均不得成为立法议会成员,也不得在该领土政府下担任任何职务。

SEC.

美国证券交易委员会。

10.

10.

And be it further enacted, That the judicial power of said Territory shall be vested in a Supreme Court, District Courts, Probate Courts, and in justices of the peace.

如果进一步颁布,该领土的司法权应归属最高法院、地区法院、遗嘱认证法院和治安法官。

The Supreme Court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually, and they shall hold their offices during the period of four years.

最高法院应由一名首席法官和两名助理法官组成,其中任何两名法官构成法定人数,并每年在该领土政府所在地任职,任期四年。

The said Territory shall be divided into three judicial districts, and a District Court shall be held in each of said districts by one of the justices of the Supreme Court, at such time and place as may be prescribed by law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them.

上述领土应分为三个司法区,每个司法区均应由一名最高法院法官在法律规定的时间和地点设立地区法院;上述法官任命后,应分别居住在指定的地区。

The jurisdiction of the several courts herein provided for, both appellate and original, and that of the Probate Courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said Supreme and District Courts, respectively, shall possess chancery as well as common law jurisdiction.

本文规定的几个法院,包括上诉法院和初审法院,以及遗嘱认证法院和太平绅士的管辖权,应受法律限制:但,当土地所有权或边界可能存在争议,或者债务或索赔金额超过一百美元时,太平绅士对任何有争议的事项没有管辖权;上述最高法院和地区法院分别拥有衡平法和普通法管辖权。

Each District Court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held.

各地方法院或其法官应任命其书记员,该书记员也应担任大法官办公室的登记官,并应将其办公室设在法庭所在地。

Writs of error, bills of exception, and appeals, shall be allowed in all cases from the final decisions of said District Courts to the Supreme Court, under such regulations as may be prescribed by law, but in no case removed to the Supreme Court shall trial by jury be allowed in said court.

根据法律规定的规定,在从上述地方法院最终判决开始的所有案件中,均允许向最高法院提出错误令状、例外法案和上诉,但在任何情况下均不得移交最高法院进行陪审团审判。

The Supreme Court, or the justices thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed.

最高法院或其法官应任命自己的书记员,每名书记员应根据其被任命的法院的意愿担任其职务。

Writs of error and appeals from the final decisions of said Supreme Court shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the Circuit Courts of the United States, where the value of the property or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars; except only that in all cases involving title to slaves, the said writs of error or appeals shall be allowed and decided by the said Supreme Court without regard to the value of the matter, property, or title in controversy; and except also that a writ of error or appeal shall also be allowed to the Supreme Court of the United States from the decision of the said Supreme Court created by this act, or of any judge thereof, or of the District Courts created by this act, or of any judge thereof, upon any writ of habeas corpus involving the question of personal freedom; and each of the said District Courts shall have and exercise the same jurisdiction in all cases arising under the Constitution and laws of the United States as is vested in the Circuit and District Courts of the United States; and the said Supreme and District Courts of the said Territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said Constitution and laws; and writs of error and appeals in all such cases shall be made to the Supreme Court of said Territory, the same as in other cases.

应允许对上述最高法院的最终判决提出错误令状和上诉,并可以按照与美国巡回法院相同的方式和规定向美国最高法院提起诉讼,其中通过任何一方或其他有资格的证人的宣誓或确认确定的财产价值或有争议的金额应超过一千美元;唯一例外的是,在所有涉及奴隶所有权的案件中,上述错误令状或上诉应由上述最高法院批准和裁决,而不考虑有争议的事项、财产或所有权的价值;此外,根据本法设立的最高法院或其任何法官,或根据本法设立的地方法院或其任何法官,根据任何涉及个人自由问题的人身保护令状,也应允许向美国最高法院提出错误令状或上诉令状;上述各地方法院对根据美国宪法和法律产生的所有案件应拥有并行使与美国巡回法院和地方法院相同的管辖权;上述领土的上述最高法院和地方法院及其各自的法官,应当并且可以在哥伦比亚特区的美国法官授予人身保护令的所有案件中授予人身保护令;上述法院每次开庭的前六天或必要的时间应用于审理根据上述宪法和法律引起的诉讼;与其他案件一样,所有此类案件的错误令状和上诉均应向该领土最高法院提出。

The said clerk shall receive in all such cases the same fees which the clerks of the District Courts of Oregon Territory now receive for similar services.

在所有此类案件中,上述书记员应收取与俄勒冈地区地方法院书记员目前就类似服务收取的费用相同的费用。

SEC.

美国证券交易委员会。

11.

11.

And be it further enacted, That there shall be appointed an attorney for said Territory, who shall continue in office for four years, unless sooner removed by the President, and who shall receive the same fees and salary as the attorney of the United States for the present Territory of Oregon.

进一步规定,应为该领土任命一名律师,该律师的任期应为四年,除非总统提前解除其职务,并且他应获得与美国目前俄勒冈州检察官相同的费用和薪水。

There shall also be a marshal for the Territory appointed, who shall hold his office for four years, unless sooner removed by the president, and who shall execute all processes issuing from the said courts when exercising their jurisdiction as Circuit and District Courts of the United States: he shall perform the duties, be subject to the same regulation and penalties, and be entitled to the same fees as the marshal of the District Court of the United States for the present Territory of Oregon, and shall, in addition, be paid two hundred [dollars ] annually as a compensation for extra services.

还应任命一名负责领土的元帅,任期四年,除非被总统提前罢免,并应执行上述法院在行使美国巡回法院和地区法院管辖权时发布的所有程序:他应履行职责,遵守相同的规定和处罚,并有权收取与美国当前俄勒冈州地区法院元帅相同的费用,此外还应支付 200 美元[美元] 每年作为额外服务的补偿。

SEC.

美国证券交易委员会。

12.

12.

And be it further enacted, That the governor secretary, chief justice and associate justices, attorney and marshal shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of the United States.

如果进一步颁布,州长秘书、首席大法官和副法官、律师和元帅应由美国总统提名,并在参议院的建议和同意下任命。

The governor and secretary, to be appointed as aforesaid, shall, before they act as such, respectively take an oath or affirmation, before the district judge, or some justice of the peace in the limits of said Territory, duly authorized to administer oaths and affirmations by the laws now in force therein, or before the chief justice or some associate justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices; which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken, and such certificates shall be received and recorded by the said secretary among the executive proceedings; and the chief justice and associate justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation, before the said governor or secretary, or some judge or justice of the peace of the Territory, who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted, by the person taking the same, to the secretary, to be by him recorded as aforesaid; and afterwards, the like oath or affirmation shall be taken, certified, and recorded, in such manner and form as may be prescribed by law.

如上所述被任命的州长和部长,在担任州长和部长之前,应分别在地区法官或该领土范围内经正式授权根据当地现行法律进行宣誓和宣誓的治安法官面前,或在美国最高法院首席法官或某些助理法官面前宣誓或宣誓,支持美国宪法,并忠实地履行各自职务的职责;上述宣誓一经宣誓,应由宣誓人证明,该证书应由上述秘书接收并记录在执行程序中;该领土的首席大法官和大法官以及所有其他文职官员在履行职责之前,应在该总督或秘书,或经正式任命并具有资格的该领土的治安法官或治安法官面前宣誓或宣誓,该宣誓或宣誓应由宣誓人证明并转交秘书,并由其按上述方式记录;此后,应以法律规定的方式和形式作出、证明和记录类似的宣誓或誓词。

The governor shall receive an annual salary of fifteen hundred dollars as governor, and one thousand dollars as superintendent of Indian affairs.

州长作为州长的年薪为一千五百美元,作为印第安事务主管的年薪为一千美元。

The chief justice and associate justices shall each receive an annual salary of eighteen hundred dollars.

首席大法官和副大法官的年薪为一千八百美元。

The secretary shall receive an annual salary of eighteen hundred dollars.

秘书的年薪为一千八百美元。

The said salaries shall be paid quarter-yearly, at the treasury of the United States.

上述工资应每季度由美国财政部支付。

The members of the legislative assembly shall be entitled to receive three dollars each per day during their attendance at the sessions thereof, and three dollars each for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route.

立法会议议员出席会议期间,每天有权领取三美元;往返上述会议的每二十英里路程,按照最近的通常行驶路线计算,每人三美元。

There shall be appropriated annually the sum of one thousand dollars, to be expended by the governor, to defray the contingent expenses of the Territory; there shall also be appropriated annually a sufficient sum to be expended by the secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental expenses ; and the secretary of the Territory shall annually account to the Secretary of the Treasury of the United States for the manner in which the aforesaid sum shall have been expended.

每年应拨款一千美元,由总督支出,以支付领土的应急开支;每年还应根据美国财政部长的估计,拨出足够的款项供领土秘书支出,以支付立法会议的费用、法律的印刷费用和其他杂费;领土部长应每年向美国财政部长报告上述款项的支出方式。

SEC.

美国证券交易委员会。

13.

13.

And be it further enacted, That the legislative assembly of the Territory of New Mexico shall hold its first session at such time and place in said Territory as the Governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible; which place, however, shall thereafter be subject to be changed by the said governor and legislative assembly.

进一步规定,新墨西哥州立法议会应在该领土总督指定和指示的时间和地点举行第一届会议;总督和立法议会应在第一届会议上或此后他们认为合适的时候尽快在他们认为合适的地方为该领土寻找和设立政府所在地;然而,该地点此后可由该总督和立法议会更改。

SEC.

美国证券交易委员会。

14.

14.

And be it further enacted, That a delegate to the House of Representatives of the United States, to serve during each Congress of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other Territories of the United States to the said House of Representatives.

进一步规定,美国众议院的代表,在美国每次国会期间任职,可由有资格选举立法议会成员的选民选出,这些代表应享有与美国其他几个领土的众议院代表所行使和享有的相同权利和特权。

The first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and at all subsequent elections, the times, places, and manner of holding the elections shall be prescribed by law.

第一次选举应在总督指定和指示的时间、地点和方式进行;在随后的所有选举中,举行选举的时间、地点和方式均由法律规定。

The person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly: Provided, That such delegate shall receive no higher sum for mileage than is allowed by law to the delegate from Oregon.

拥有最多票数的人应由州长宣布正式当选,并应相应地颁发证书:但该代表所获得的里程金额不得高于法律允许俄勒冈州代表的里程金额。

SEC.

美国证券交易委员会。

15.

15.

And be it further enacted, That when the lands in said Territory shall be surveyed under the direction of the government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same.

进一步规定,当在美国政府的指导下对上述领地的土地进行勘察,准备将其投入市场时,该领地内每个乡镇的第十六和三十六号区域应保留,用于该领地以及今后在该领地建立的各州和领地的学校。

.

。

SEC.

美国证券交易委员会。

16.

16.

And be it further enacted, That temporarily and until otherwise provided by law, the governor of said Territory may define the judicial districts of said Territory, and assign the judges who may be appointed for said Territory to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts, by proclamation to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient.

进一步颁布,在法律另有规定之前,该领土的总督可以临时确定该领土的司法区,并将为该领土任命的法官分配到各个地区,并通过他发布的公告指定每个该司法区的几个县或分区开庭的时间和地点;但立法议会在其第一届会议或随后的任何会议上,可以组织、变更或修改此类司法区,指派法官,并改变开庭的时间和地点,只要他们认为适当和方便即可。

SEC.

美国证券交易委员会。

17.

17.

And be it further enacted, That the Constitution, and all laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory of New Mexico as elsewhere within the United States.

并进一步颁布,宪法和所有在当地不适用的美国法律在上述新墨西哥领土内应与美国其他地方具有同等效力。

SEC.

美国证券交易委员会。

18.

18.

And be it further enacted, That the provisions of this act be, and they are hereby, suspended until the boundary between the United States and the State of Texas shall be adjusted; and when such adjustment shall have been effected, the President of the United States shall issue his proclamation, declaring this act to be in full force and operation, and shall proceed to appoint the officers herein provided to be appointed in and for said Territory.

如果进一步颁布,本法案的条款将被暂停,直到美国和德克萨斯州之间的边界得到调整;当这种调整生效后,美国总统应发布公告,宣布本法案完全生效并开始实施,并应着手任命本法案规定在该领土内并为该领土任命的官员。

SEC.

美国证券交易委员会。

19.

19.

And be it further enacted, That no citizen of the United States shall be deprived of his life, liberty, or property, in said Territory, except by the judgment of his peers and the laws of the land.

进一步规定,在该领土内,任何美国公民的生命、自由或财产均不得被剥夺,除非根据其同侪的判断和该国的法律。

An Act for the admission of the State of California into the Union.

加利福尼亚州加入联邦的法案。

Whereas the people of California have presented a constitution and asked admission into the Union, which constitution was submitted to Congress by the President of the United States, by message dated February thirteenth, eighteen hundred and fifty, and which, on doe examination, is found to be republican in its form of government:

鉴于加利福尼亚州人民已提出宪法并要求加入联邦,该宪法已由美国总统通过日期为 1850 年 2 月 13 日的信息提交给国会,并且经美国能源部审查,发现该宪法的政府形式是共和政体:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the State of California shall be one, and is hereby declared to be one, of the United States of America, and admitted into the Union on an equal footing with the original States in all respects whatever.

美利坚合众国参议院和众议院在国会中颁布的法案,加利福尼亚州将成为并特此宣布成为美利坚合众国之一,并在所有方面与原各州平等地加入联邦。

SEC.

美国证券交易委员会。

2.

2.

And be it further enacted, That, until the representatives in Congress shall be apportioned according to an actual enumeration of the inhabitants of the United States, the State of California shall be entitled to two representatives in Congress.

如果进一步颁布,在国会代表按照美国居民的实际人数分配之前,加利福尼亚州将有权在国会拥有两名代表。

SEC.

美国证券交易委员会。

3.

3.

And be it further enacted, That the said State of California is admitted into the Union upon the express condition that the people of said State, through their legislature or otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned ; and that they shall never lay any tax or assessment of any description whatsoever upon the public domain of the United States, and in no case shall non-resident proprietors, who are citizens of the United States, be taxed higher than residents; and that all the navigable waters within the said State shall be common highways, and forever free, as well to the inhabitants of said State as to the citizens of the United States, without any tax, impost, or duty therefor: Provided, That nothing herein contained shall be construed as recognizing or rejecting the propositions tendered by the people of California as articles of compact in the ordinance adopted by the convention which formed the constitution of that State.

并进一步颁布,上述加利福尼亚州加入联邦的明确条件是,该州人民不得通过其立法机关或其他方式干涉其范围内公共土地的主要处置,并且不得通过任何法律或采取任何行动损害或质疑美国的所有权和处置权;他们不得对美国的公共领域征收任何税款或任何种类的评估,并且在任何情况下,作为美国公民的非居民业主的纳税额不得高于居民;该州内的所有通航水域均应是公共公路,并且对该州的居民和美国公民永远免费,无需缴纳任何税款、进口税或关税:前提是,本文中的任何内容均不得解释为承认或拒绝加利福尼亚州人民提出的作为构成该州宪法的公约所通过的条例中的契约条款的提案。

An Act to establish a Territorial Government for Utah.

建立犹他州领土政府的法案。

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 territory of the United States included within the following limits, to wit: bounded on the west by the State of California, on the north by the Territory of Oregon, and on the east by the summit of the Rocky Mountains, and on the south by the thirty-seventh parallel of north latitude, be, and the same is hereby, created into a temporary government, by the name of the Territory of Utah; and, when admitted as a State, the said Territory, or any portion of the same, shall be received into the Union, with or without slavery, as their constitution may prescribe at the time of their admission: Provided, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two or more Territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion of said Territory to any other State or Territory of the United States.

美利坚合众国参议院和众议院在国会中颁布的法案,美利坚合众国领土的所有部分都包括在以下范围内,即:西边是加利福尼亚州,北边是俄勒冈州,东边是落基山脉山顶,南边是北纬三十七度线,特此成立一个临时政府,名为犹他州领土;并且,当被接纳为一个州时,该领土或其任何部分,无论是否存在奴隶制,都应被纳入联邦,按照其宪法在加入时所规定的那样:但本法案中的任何内容均不得解释为禁止美国政府以国会认为方便和适当的方式和时间将所述领土划分为两个或多个领土,或将所述领土的任何部分并入任何其他州或美国的领土。

SEC.

美国证券交易委员会。

2.

2.

And be it further enacted, That the executive power and authority in and over said Territory of Utah shall be vested in a governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States.

进一步规定,犹他州境内及以上领土的行政权和权威应归属州长,州长任期四年,直至其继任者被任命并合格为止,除非美国总统提前罢免。

The governor shall reside within said Territory, shall be commander-in-chief of the militia thereof, shall perform the duties and receive the emoluments of superintendent of Indian affairs, and shall approve all laws passed by the legislative assembly before they shall take effect: he may grant pardons for offences against the laws of said Territory, and reprieves for offences against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of the said Territory, and shall take care that the laws be faithfully executed.

总督应居住在该领土内,担任该领土民兵的总司令,应履行印第安人事务主管的职责并领取薪酬,并应在其生效之前批准立法议会通过的所有法律:他可以赦免违反该领土法律的罪行,并缓刑违反美国法律的罪行,直到总统就此作出决定为止;他应任命根据该领土法律任命的所有官员,并应确保法律得到忠实执行。

SEC.

美国证券交易委员会。

3.

3.

And be it further enacted, That there shall be a secretary of said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States: he shall record and preserve all the laws and proceedings of the legislative assembly hereinafter constituted, and all the acts and proceedings of the governor in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings, on or before the first day of December in each year, to the President of the United States, and, at the same time, two copies of the laws to the Speaker of the House of Representatives, and the President of the Senate, for the use of Congress.

进一步规定,该领土应有一名秘书,他应居住在该领土,任期四年,除非被美国总统提前罢免:他应记录并保存以下组成的立法议会的所有法律和程序,以及州长在其行政部门的所有行为和程序;他应在每年 12 月 1 日或之前将一份法律副本和一份行政程序副本送交美国总统,同时将两份法律副本送交众议院议长和参议院议长,供国会使用。

And in the case of the death, removal, resignation, or other necessary absence of the governor from the Territory, the secretary shall have, and he is hereby authorized and required to execute and perform, all the powers and duties of the governor during such vacancy or necessary absence, or until another governor shall be duly appointed to fill such vacancy.

如果总督去世、被免职、辞职或因其他原因而必须缺席领土,则在该职位空缺或必要缺席期间,或者直到正式任命另一名总督来填补该空缺之前,部长应拥有并且特此授权并要求他执行和履行总督的所有权力和职责。

SEC.

美国证券交易委员会。

4.

4.

And be it further enacted, That the legislative power and authority of said Territory shall be vested in the governor and a legislative assembly.

进一步规定,该领土的立法权和权力应归属总督和立法议会。

The legislative assembly shall consist of a Council and House of Representatives.

立法会议由理事会和众议院组成。

The Council shall consist of thirteen members, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years.

理事会由十三名成员组成,具有下文规定的选民资格,任期为两年。

The House of Representatives shall consist of twenty-six members, possessing the same qualifications as prescribed for members of the Council, and , whose term of service shall continue one year.

众议院由二十六名议员组成,具有与理事会成员相同的资格,任期为一年。

An apportionment shall be made, as nearly equal as practicable, among the several counties or districts, for the election of the Council and House of Representatives, giving to each section of the Territory representation in the ratio of its population, Indians excepted, as nearly as may be.

选举议会和众议院时,应在几个县或地区之间尽可能地进行分配,以尽可能接近领土各部分的人口比例(印第安人除外)。

And the members of the Council and of the House of Representatives shall reside in, and be inhabitants of, the district for which they may be elected respectively.

理事会成员和众议院成员应分别居住在他们可能当选的选区,并且是其居民。

Previous to the first election, the governor shall cause a census or enumeration of the inhabitants of the several counties and districts of the Territory to be taken, and the first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and he shall, at the same time, declare the number of members of the Council and House of Representatives to which each of the counties or districts shall be entitled under this act.

在第一次选举之前,总督应安排对领土内若干县和地区的居民进行人口普查或清点,第一次选举应在总督指定和指示的时间、地点和方式进行;同时,他还应宣布各县或地区根据本法有权获得的参议院和众议院议员人数。

The number of persons authorized to be elected having the highest number of votes in each of said Council districts for members of the Council, shall be declared by the governor to be duly elected to the Council; and the person or persons authorized to be elected having the highest number of votes for the House of Representatives, equal to the number to which each county or district shall be entitled, shall be declared by the governor to be duly elected members or the House of Representatives: Provided, That in case of a tie between two or more persons voted for, the governor shall order a new election to supply the vacancy made by such a tie.

授权当选为理事会成员的每个上述理事会选区中得票最高的人数,应由总督宣布正式当选为理事会成员;州长应宣布获得众议院最高票数(等于每个县或地区应有的票数)的人或被授权当选的众议院议员为正式当选的议员或众议院议员:但如果两个或两个以上投票的人票数相等,州长应下令重新选举以填补因票数相等而产生的空缺。

And the persons thus elected to the legislative assembly shall meet at such place, and on such day, as the governor shall appoint; but thereafter, the time, place, and manner of holding and conducting all elections by the people, and the apportioning the representation in the several counties or districts to the Council and House of Representatives, according to population, shall be prescribed by law, as well as the day of the commencement of the regular sessions of the legislative assembly: Provided That no one session shall exceed the term of forty days.

如此当选的立法议会成员应在总督指定的地点和日期举行会议;但此后,举行和进行所有人民选举的时间、地点和方式,以及根据人口在若干县或地区向议会和众议院分配代表权,以及立法会议常会开始的日期,均由法律规定:但任何一届会议的任期不得超过四十天。

SEC.

美国证券交易委员会。

5.

5.

And be it further enacted, That every free white male inhabitant above the age of twenty-one years, who shall have been a resident or said Territory at the time of the passage of this act, shall he entitled to vote at the first election, and shall be eligible to any office within the said Territory; but the qualifications of voters and of holding office, at all subsequent elections, shall be such as shall be prescribed by the legislative assembly: Provided, That the right of suffrage and of holding office shall be exercised only by citizens of the United States, including those recognized as citizens by the treaty with the republic of Mexico, concluded February second, eighteen hundred and forty-eight.

进一步规定,每一位年满二十一岁的自由白人男性居民,在本法案通过时已是居民或所述领土的,均有权在第一次选举中投票,并有资格担任所述领土内的任何职务;但在随后的所有选举中,选民和担任公职的资格应由立法议会规定:前提是,选举权和担任公职的权利只能由美国公民行使,包括那些根据 1848 年 2 月 2 日与墨西哥共和国签订的条约承认的公民。

SEC.

美国证券交易委员会。

6.

6.

And be it further enacted, That the legislative power of said Territory shall extend to all rightful subjects of legislation, consistent with the Constitution of the United States and the provisions of this act; but no law shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents.

并进一步颁布,该领土的立法权应扩大到符合美国宪法和本法规定的所有合法立法主体;但不得通过任何干预土壤初次处置的法律;不得对美国财产征税;对非居民的土地或其他财产的征税也不得高于居民的土地或其他财产的征税。

All the laws passed by the legislative assembly and governor shall be submitted to the Congress of the United States, and, if disapproved, shall be null and of no effect.

立法议会和州长通过的所有法律均应提交美国国会,如果未获批准,则无效。

SEC.

美国证券交易委员会。

7.

7.

And be it further enacted, That all township, district, and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislative assembly of the territory of Utah.

并进一步规定,所有乡镇、地区和县官员,除本文另有规定外,均应根据具体情况,按照犹他州州长和立法议会规定的方式任命或选举。

The governor shall nominate, and, by and with the advice and consent of the legislative Council, appoint all officers not herein otherwise provided for; and in the first instance the governor alone may appoint all said officers, who shall hold their offices until the end of the first session of the legislative assembly, and shall layoff the necessary districts for members of the Council and House of Representatives, and all other offices.

总督应提名、并在立法会的建议和同意下任命本规定中未另有规定的所有官员;首先,总督可以单独任命所有上述官员,他们的职务将持续到立法议会第一届会议结束,并为理事会和众议院成员以及所有其他职位安排必要的选区。

SEC.

美国证券交易委员会。

8.

8.

And be it further enacted, That no member of the legislative assembly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected, and for one year after the expiration of such term; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the legislative assembly, or shall hold any office under the government of said Territory.

并进一步规定,立法议会的任何议员在担任议员期间、当选任期内以及任期届满后一年内,不得担任或被任命担任任何已设立的职务,或增加其工资或报酬;除邮政局长外,在美国担任委员会或任命的任何人均不得成为立法议会成员,也不得在该领土政府下担任任何职务。

SEC.

美国证券交易委员会。

9.

9.

And be it further enacted, That the judicial power of said Territory shall be vested in a Supreme Court, District Courts, Probate Courts, and in justices of the peace.

如果进一步颁布,该领土的司法权应归属最高法院、地区法院、遗嘱认证法院和治安法官。

The Supreme Court shall consist of a chief justice and two associate justices, any two of whom shall constitute a quorum, and who shall hold a term at the Beat of government of said Territory annually, and they shall hold their offices during the period of four years.

最高法院应由一名首席法官和两名助理法官组成,其中任何两名法官构成法定人数,并应每年在该领土政府管辖区任职一次,任期四年。

The said Territory shall be divided into three judicial districts, and a District Court shall be held in each of said districts by one of the justices of the Supreme Court, at such time and place as may be prescribed by law; and the said judges shall, after their appointments, respectively, reside in the districts which shall be assigned them.

上述领土应分为三个司法区,每个司法区均应由一名最高法院法官在法律规定的时间和地点设立地区法院;上述法官任命后,应分别居住在指定的地区。

The jurisdiction of the several courts herein provided for, both appellate and original, and that of the Probate Courts and of justices of the peace, shall be as limited by law: Provided, That justices of the peace shall not have jurisdiction of any matter in controversy when the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars ; and the said Supreme and District Courts, respectively, shall possess chancery as well as common law jurisdiction.

本文规定的几个法院,包括上诉法院和初审法院,以及遗嘱认证法院和太平绅士的管辖权,应受法律限制:但,当土地所有权或边界可能存在争议,或者债务或索赔金额超过一百美元时,太平绅士对任何有争议的事项没有管辖权;上述最高法院和地区法院分别拥有衡平法和普通法管辖权。

Each District Court, or the judge thereof, shall appoint its clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held.

各地方法院或其法官应任命其书记员,该书记员也应担任大法官办公室的登记官,并应将其办公室设在法庭所在地。

Writs of error, bills of exception, and appeals shall be allowed in all cases from the final decisions of said District Courts to the Supreme Court, under such regulations as may be prescribed by law; but in no case removed to the Supreme Court shall trial by jury be allowed in said court.

根据法律规定的规定,从上述地区法院的最终判决到最高法院的所有案件均允许错误令状、例外法案和上诉;但在任何情况下都不得移交最高法院进行陪审团审判。

The Supreme Court, or the justices thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed.

最高法院或其法官应任命自己的书记员,每名书记员应根据其被任命的法院的意愿担任其职务。

Writs of error, and appeals from the final decisions of said Supreme Court, shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the Circuit Courts of the United States, where the value of the property or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars, except only that, in all cases involving title to slaves, the said writs of error or appeals shall be allowed and decided by the said Supreme Court, without regard to the value of the matter, property, or title in controversy; and except also, that a writ of error or appeal shall also be allowed to the Supreme Court of the United States, from the decisions of the said Supreme Court created by this act or of any judge thereof or of the District Courts created by this act or of any judge thereof, upon any writ of habeas corpus involving the question of personal freedom; and each of the said District Courts shall have and exercise the same jurisdiction in all cases arising under the Constitution and laws of the United States as is vested in the Circuit and District Courts of the United States; and the said Supreme and District Courts of the said Territory, and the respective judges thereof shall and may grant writs of habeas corpus in all cases in which the same are granted by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary.

错误令状以及对上述最高法院最终判决的上诉应被允许,并可以按照与美国巡回法院相同的方式和规定向美国最高法院提起,其中通过任何一方或其他有资格的证人的宣誓或确认确定的财产价值或有争议的金额应超过一千美元,但在所有涉及奴隶所有权的案件中,上述错误令状或上诉应由上述最高法院批准并作出裁决,无论争议事项、财产或所有权的价值;此外,根据本法设立的最高法院或其任何法官,或根据本法设立的地方法院或其任何法官,根据任何涉及个人自由问题的人身保护令状,也应允许向美国最高法院提出错误令状或上诉令状;上述各地方法院对根据美国宪法和法律产生的所有案件应拥有并行使与美国巡回法院和地方法院相同的管辖权;上述领土的上述最高法院和地方法院及其各自的法官应当并且可以在哥伦比亚特区的美国法官授予人身保护令的所有案件中授予人身保护令;以及所述法院每次开庭的前六天,或必要的时间。

shall be appropriated to the trial of causes arising under the said Constitution and laws; and writs of error and appeal, in all such cases, shall be made to the Supreme Court of said Territory, the same as in other cases.

应适用于审理根据上述宪法和法律引起的诉讼;与其他案件一样,在所有此类案件中,错误令状和上诉状均应向该领土最高法院提出。

The said clerk shall receive in all such cases the same fees which the clerks of the District Courts of Oregon Territory now receive for similar services.

在所有此类案件中,上述书记员应收取与俄勒冈地区地方法院书记员目前就类似服务收取的费用相同的费用。

SEC.

美国证券交易委员会。

10.

10.

And be it further enacted, That there shall be appointed an attorney for said Territory, who shall continue in office for four years, unless sooner removed by the President, and who shall receive the same fees and salary as the attorney of the United States for the present Territory of Oregon.

进一步规定,应为该领土任命一名律师,该律师的任期应为四年,除非总统提前解除其职务,并且他应获得与美国目前俄勒冈州检察官相同的费用和薪水。

There shall also be a marshal for the Territory appointed, who shall hold his office for four years, unless sooner removed by the President, and who shall execute all processes issuing from the said courts, when exercising their jurisdiction as Circuit and District Courts of the United States: he shall perform the duties, be subject to the same regulation and penalties, and be entitled to the same fees as the marshal of the District Court of the United States for the present Territory of Oregon; and shall, in addition, be paid two hundred dollars annually as a compensation for extra services.

还应任命一名负责领土的元帅,任期四年,除非被总统提前罢免,并在行使美国巡回法院和地区法院的管辖权时执行上述法院发布的所有程序:他应履行职责,遵守与当前俄勒冈州地区法院元帅相同的规定和处罚,并有权收取相同的费用;此外,每年还应支付两百美元作为额外服务的补偿。

SEC.

美国证券交易委员会。

11.

11.

And be it further enacted, That the governor, secretary, chief justice and associate justices, attorney and marshal, shall be nominated, and, by and with the advice and consent of the Senate, appointed by the President of the United States.

进一步颁布,州长、秘书、首席大法官和副法官、律师和元帅应由美国总统提名,并在参议院的建议和同意下任命。

The governor and secretary to be appointed as aforesaid shall, before they act as such.

前述任命的总督和秘书长应在履行职责之前。

respectively, take an oath or affirmation, before the district judge, or some justice of the peace in the limits of said Territory, duly authorized to administer oaths and affirmations by the laws now in force there-in or before the chief justice or some associate justice of the Supreme Court of the United States, to support the Constitution of the United States, and faithfully to discharge the duties of their respective offices ; which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken, and such certificates shall be received and recorded by the said secretary among the executive proceedings; and the chief justice and associate justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation, before the said governor or secretary, or some judge or justice of the peace of the Territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted, by the person taking the same, to the secretary, to be by him recorded as aforesaid; and afterwards, the like oath or affirmation shall be taken, certified, and recorded, in such manner and form as may he prescribed by law.

分别在地区法官或该领土范围内的治安法官面前宣誓或宣誓,根据当地现行法律正式授权执行宣誓和宣誓,或在美国最高法院首席法官或副法官面前宣誓或宣誓,支持美国宪法,并忠实地履行各自职务的职责;上述宣誓一经宣誓,应由宣誓人证明,该证书应由上述秘书接收并记录在执行程序中;该领土的首席法官和副法官以及所有其他文职官员,在履行职责之前,应在该总督或秘书,或经正式任命和有资格的该领土治安法官或治安法官面前宣誓或宣誓,该宣誓或宣誓应由宣誓人证明并转交秘书,并由其按上述方式记录;此后,应以法律规定的方式和形式作出、证明和记录类似的宣誓或誓言。

The governor shall receive an annual salary of fifteen hundred dollars as governor, and one thousand dollars as superintendent of Indian affairs.

州长作为州长的年薪为一千五百美元,作为印第安事务主管的年薪为一千美元。

The chief justice and associate justices shall each receive an annual salary of eighteen hundred dollars.

首席大法官和副大法官的年薪为一千八百美元。

The secretary shall receive an annual salary of eighteen hundred dollars.

秘书的年薪为一千八百美元。

The said salaries shall be paid quarter- yearly, at the treasury of the United States.

上述工资应每季度由美国财政部支付。

The members of the legislative assembly shall be entitled to receive three dollars each per day during their attendance at the sessions thereof, and three dollars each for twenty miles' travel, in going to and returning from the said sessions, estimated according to the nearest usually travelled route.

立法议会议员在出席会议期间,每天有权领取三美元,往返上述会议的二十英里行程,每人三美元,按照最近的通常旅行路线计算。

There shall be appropriated annually the sum of one thousand dollars, to be expended by the governor, to defray the contingent expenses of the Territory.

每年应拨款一千美元,由总督支出,以支付领土的应急开支。

There shall also be appropriated, annually, a sufficient sum, to be expended by the secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the legislative assembly, the printing of the laws, and other incidental expenses; and the secretary of the Territory shall annually account to the Secretary of the Treasury of the United States for the manner in which the aforesaid sum shall have been expended.

每年还应拨出足够的款项,由领土部长根据美国财政部长的估计支出,用于支付立法会议的费用、法律的印刷和其他杂费;领土部长应每年向美国财政部长报告上述款项的支出方式。

SEC.

美国证券交易委员会。

12.

12.

And be it further enacted, That the legislative assembly of the Territory of Utah shall hold its first session at such time and place in said Territory as the governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the governor and legislative assembly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible; which place, however, shall thereafter be, subject to be changed by the said governor and legislative assembly.

进一步规定,犹他领地立法议会应在该领地州长指定和指示的时间和地点举行第一次会议;总督和立法议会应在第一届会议上或此后他们认为合适的时候尽快在他们认为合适的地方为该领土寻找和设立政府所在地;然而,此后的地点可由上述总督和立法议会更改。

And the sum of twenty thousand dollars, out of any money in the treasury not otherwise appropriated, is hereby appropriated and granted to said Territory of Utah to be applied by the governor and legislative assembly to the erection of suitable public buildings at the seat of government.

特此从国库中未拨款的任何资金中拨出两万美元给犹他州领土,由州长和立法议会用于在政府所在地建造合适的公共建筑。

SEC.

美国证券交易委员会。

13.

13.

And be it further enacted, That a delegate to the House of Representatives of the United States, to serve during each Congress of the United States, may be elected by the voters qualified to elect members of the legislative assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the delegates from the several other Territories of the United States to the said House of Representatives.

进一步规定,美国众议院的代表,在美国每次国会期间任职,可由有资格选举立法议会成员的选民选出,这些代表应享有与美国其他几个领土的众议院代表所行使和享有的相同权利和特权。

The first election shall be held at such time and places, and be conducted in such manner, as the governor shall appoint and direct; and at all subsequent elections, the times, places, and manner of holding the elections shall be prescribed by law.

第一次选举应在总督指定和指示的时间、地点和方式进行;在随后的所有选举中,举行选举的时间、地点和方式均由法律规定。

The person having the greatest number of votes shall be declared by the governor to be duly elected, and a certificate thereof shall be given accordingly : Provided, That said delegate shall receive no higher sum for mileage than is allowed by law to the delegate from Oregon.

州长应宣布拥有最多票数的人正式当选,并相应地颁发证书:但该代表所获得的里程金额不得高于法律允许俄勒冈州代表的里程金额。

SEC.

美国证券交易委员会。

14.

14.

And be it further enacted, That the sum or five thousand dollars be, and the same is hereby, appropriated out of any moneys in the treasury not otherwise appropriated, to be expended by and under the direction of the said governor of the territory of Utah, in the purchase of a library, to be kept at the seat of government for the use of the governor, legislative assembly, judges of the Supreme Court, secretary, marshal, and attorney of said Territory, and such other persons, and under such regulations, as shall be prescribed by law.

进一步规定,这笔或五千美元,特此从国库中未拨款的任何资金中拨出,由所述犹他州州长并在其指示下支出,用于购买图书馆,保存在政府所在地,供州长、立法议会、最高法院法官、秘书、元帅和该领土的律师以及其他此类人员使用,并根据法规,由法律规定。

SEC.

美国证券交易委员会。

15.

15.

And be it further enacted, That when the lands in the said Territory shall be surveyed under the direction of the government of the United States preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said Territory shall be, and the same are hereby, reserved for the purpose of being applied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same.

进一步规定,当在美国政府的指导下对上述领土的土地进行勘察,准备将其投入市场时,该领土内每个乡镇的第十六和三十六号区域应保留,用于该领土以及今后在该领土上建立的学校。

SEC.

美国证券交易委员会。

16.

16.

And be it further enacted, That temporarily, and until otherwise provided by law, the governor of said Territory may define the judicial districts of said Territory, and assign the judges who maybe appointed for said Territory to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts, by proclamation to be issued by him; but the legislative assembly, at their first or any subsequent session, may organize, alter, or modify such judicial districts, and assign the judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient.

进一步颁布,在法律另有规定之前,该领土的总督可以临时确定该领土的司法区,并将可能为该领土任命的法官分配到各个地区,并通过他发布的公告指定每个该司法区的几个县或分区开庭的时间和地点;但立法议会在其第一届会议或随后的任何会议上,可以组织、变更或修改此类司法区,指派法官,并改变开庭的时间和地点,只要他们认为适当和方便即可。

SEC.17.

第 17 节。

And be it further enacted, That the Constitution and laws of the United States are hereby extended over and declared to be in force in said Territory of Utah, so far as the same, or any provision thereof, may be applicable.

并进一步颁布,美国宪法和法律特此延伸至所述犹他州领土并宣布在其适用的范围内生效。

An Act to amend, and supplementary to, the Act entitled "An Act respecting Fugitives from Justice, and Persons escaping from the Service of their Masters," approved February twelfth, one thousand seven hundred and ninety-three.

1793 年 2 月 12 日批准了一项名为“关于逃犯和逃避为主人服务的人的法案”的修正案和补充法案。

Be it enacted by the Senate and House of Representatives of the United States of America in congress assembled, That the persons who have been, or may hereafter be, appointed commissioners, in virtue of any act of Congress, by the Circuit Courts of the United States and who, in consequence of such appointment, are authorized to exercise the powers that any justice of the peace, or other magistrate of any of the United States, may exercise in respect to offenders for any crime or offence against the United States, by arresting, imprisoning, or bailing the same under and by virtue of the thirty-third section of the act of the twenty-fourth of September seventeen hundred and eighty-nine, entitled " An Act to establish the Judicial courts of the United States," shall be, and are hereby, authorized and required to exercise and discharge all the powers and duties conferred by this act.

无论是由美利坚合众国参议院和众议院在国会中制定的,根据国会的任何法案,美国巡回法院已经或今后可能被任命为专员的人员,以及由于这种任命而被授权行使任何治安法官或美国任何地方的其他治安法官可以对犯有任何危害美国的罪行或违法行为的罪犯行使的权力,通过逮捕,根据 1789 年 9 月 24 日题为“建立合众国司法法院的法案”的法案第三十三节的规定,监禁或保释该人的,应并特此授权和要求行使和履行该法案赋予的所有权力和职责。

SEC.

美国证券交易委员会。

2.

2.

And be it further enacted, That the Superior Court of each organized Territory of the United States shall have the same power to appoint commissioners to take acknowledgements of bail and affidavits and to take depositions of witnesses in civil causes, which is now possessed by the Circuit Court of the United States; and all commissioners who shall hereafter be appointed for such purposes by the Superior Court of any organized Territory of the United States, shall possess all the powers, and exercise all the duties, conferred by law upon the commissioners appointed by the Circuit Courts of the United States for similar purposes, and shall moreover exercise and discharge all the powers and duties conferred by this act.

如果进一步颁布,美国每个有组织的领土的高级法院应拥有同样的权力来任命专员,以接受保释和宣誓书的确认,并接受民事诉讼中证人的证词,该权力现在由美国巡回法院拥有;以及此后由美国任何有组织领土的高等法院为此目的任命的所有专员,应拥有法律赋予美国巡回法院为类似目的任命的专员的所有权力,并行使所有职责,并且还应行使和履行本法案授予的所有权力和职责。

SEC.

美国证券交易委员会。

3.

3.

And be it further enacted, That the Circuit Courts of the United States, and the Superior Courts of each organized Territory of the United States, shall from time to time enlarge the number of commissioners, with a view to afford reasonable facilities to reclaim fugitives from labor, and to the prompt discharge of the duties imposed by this act.

并进一步颁布,美国巡回法院和美国每个有组织领土的高级法院应不时扩大专员人数,以提供合理的设施来回收逃亡劳工,并迅速履行本法案规定的职责。

SEC.

美国证券交易委员会。

4.

4.

And be it further enacted, That the commissioners above named shall have concurrent jurisdiction with the judges of the Circuit and District Courts of the United States, in their respective circuits and districts within the several States, and the judges of the Superior Courts of the Territories, severally and collectively, in term- time and vacation; and shall grant certificates to such claimants, upon satisfactory proof being made, with authority to take and remove such fugitives from service or labor, under the restrictions herein contained, to the State or Territory from which such persons may have escaped or fled.

并进一步颁布,上述专员在任期和休假期间应与美国各州各自巡回法院和地区的巡回法院和地区法院的法官以及各领土高等法院的法官(无论是单独还是集体)具有共同的管辖权;并在提供令人满意的证据后,应向此类索赔人颁发证书,有权根据本文所载的限制,将此类逃亡者带回其可能逃逸或逃离的州或地区。

SEC.

美国证券交易委员会。

5.

5.

And be it further enacted, That it shall be the duty of all marshals and deputy marshals to obey and execute all warrants and precepts issued under the provisions of this act, when to them directed ; and should any marshal or deputy marshal refuse to receive such warrant, or other process, when tendered, or to use all proper means diligently to execute the same, he shall, on conviction thereof, be fined in the sum of one thousand dollars, to the use of such claimant, on the motion of such claimant, by the Circuit or District Court for the district of such marshal; and after arrest of such fugitive, by such marshal or his deputy, or whilst at any time in his custody under the provisions of this act, should such fugitive escape, whether with or without the assent of such marshal or his deputy, such marshal shall be liable, on his official bond, to be prosecuted for the benefit of such claimant, for the full value of the service or labor of said fugitive in the State, Territory, or District whence he escaped: and the better to enable the said commissioners, when thus appointed, to execute their duties faithfully and efficiently, in conformity with the requirements of the Constitution of the United States and of this act, they are hereby authorized and empowered, within their counties respectively, to appoint, in writing under their hands, anyone or more suitable persons, from time to time, to execute all such warrants and other process as may be issued by them in the lawful performance of their respective duties; with authority to such commissioners, or the persons to be appointed by them, to execute process as aforesaid, to summon and call to their aid the bystanders, or posse comitatus of the proper county, when necessary to ensure a faithful observance of the clause of the Constitution referred to, in conformity with the provisions of this act ; and all good citizens are hereby commanded to aid and assist in the prompt and efficient execution of this law, whenever their services may he required, as aforesaid, for that purpose; and said warrants shall run, and be executed by said officers, any where in the State within which they are issued.

并进一步颁布,所有元帅和副元帅有责任遵守和执行根据本法规定发出的所有命令和戒令,当他们收到指示时;如果任何法警或副法警拒绝接受此类搜查令或其他程序,或拒绝使用一切适当手段勤勉执行,一经定罪,应由该法警辖区的巡回法院或地方法院根据原告的动议,对原告处以一千美元的罚款;在该逃犯被该元帅或其副手逮捕后,或在根据本法规定被拘留期间,如果该逃犯逃跑,无论是否得到该元帅或其副手的同意,该元帅应以其官方债券为该索赔人的利益,为该逃犯在逃亡所在州、领土或地区的服务或劳动的全部价值承担起诉的责任:并且最好使上述专员在被任命后能够根据美国宪法和本法案的要求忠实而有效地履行职责,特此授权他们在各自的县内,不时以书面形式任命任何人或更多合适的人,以执行他们在合法履行各自职责时可能发出的所有此类搜查令和其他程序;有权此类专员或由他们任命的人员执行上述程序,在必要时召集并呼吁旁观者或相关县的团体提供援助,以确保忠实遵守所提及的宪法条款,符合本法的规定;特此命令所有好公民,无论何时需要为此目的提供服务,都应协助和协助迅速有效地执行本法;上述逮捕令应在其签发国的任何地方发出并由上述官员执行。

SEC.

美国证券交易委员会。

6.

6.

And be it further enacted, That when a person held to service or labor in any State or Territory of the United States, has heretofore or shall hereafter escape into another State or Territory of the United States, the person or persons to whom such service or labor may be due, or his, her, or their agent or attorney, duly authorized, by power of attorney, in writing, acknowledged and certified under the seal of some legal officer or court of the State or Territory in which the same may be executed, may pursue and reclaim such fugitive person, either by procuring a warrant from some one of the courts, judges, or commissioners aforesaid, of the proper circuit, district, or county, for the apprehension of such fugitive from service or labor, or by seizing and arresting such fugitive, where the same can be done without process, and by taking, or causing such person to be taken, forthwith before such court, judge, or commissioner, whose duty it shall be to hear and determine the case of such claimant in a summary manner; and upon satisfactory proof being made, by deposition or affidavit, in writing, to be taken and certified by such court, judge, or commissioner, or by other satisfactory testimony, duly taken and certified by some court, magistrate, justice of the peace, or other legal officer authorized to administer an oath and take depositions under the laws of the State or Territory from which such person owing service or labor may have escaped, with a certificate of such magistracy or other authority, as aforesaid, with the seal of the proper court or officer thereto attached, which seal shall be sufficient to establish the competency of the proof, and with proof, also by affidavit, of the identity of the person whose service or labor is claimed to be due as aforesaid, that the person so arrested does in fact owe service or labor to the person or persons claiming him or her, in the State or Territory from which such fugitive may have escaped as aforesaid, and that said person escaped, to make out and deliver to such claimant, his or her agent or attorney, a certificate setting forth the substantial facts as to the service or labor due from such fugitive to the claimant, and of his or her escape from the State or Territory in which such service or labor was due, to the State or Territory in which he or she was arrested, with authority to such claimant, or his or her agent or attorney, to use such reasonable force and restraint as may be necessary, under the circumstances of the case, to take and remove such fugitive person back to the State or Territory whence he or she may have escaped as aforesaid.

并进一步规定,当一个人在美国任何州或领地服役或劳动时,迄今或今后将逃往美国的另一个州或领地,应获得此类服务或劳动的一个或多个人,或其代理人或律师,经授权书正式授权,以书面形式,并由执行该委托书的州或领地的某些法律官员或法院盖章确认和证明,可以追究和抓回该逃犯,可以通过以下方式获得适当巡回法院、地区或县的上述法院、法官或专员之一的逮捕令,以逮捕该逃犯,或通过扣押和逮捕该逃犯(如果无需任何程序也可以这样做),并立即将该人带到该法院、法官或专员面前,该法院、法官或专员的职责是审理和裁决该逃犯的案件索赔人以摘要方式;并以书面证词或宣誓书形式提供令人满意的证据,由该法院、法官或专员采集和证明,或由法院、治安法官、治安法官或其他有权根据该欠劳务或劳工可能逃逸的州或领地的法律进行宣誓和作证的法律官员正式采集和证明的其他令人满意的证词,并附有上述治安法官或其他当局的证明,并盖有印章所附适当法院或官员的盖章,该印章应足以证明其有能力提供证据,并通过宣誓书证明被指控应提供服务或劳动的人的身份,证明被逮捕的人实际上在该逃犯可能逃离的州或地区,以及该逃犯逃走的国家或地区,确实欠该人提供服务或劳动,并交付给该人申请人及其代理人或律师,提供一份证明,载明该逃犯应向申请人提供的服务或劳务,以及该逃犯逃离该等劳务或劳务应得的州或地区、逃往他或她被逮捕的州或地区的实质性事实,并授权该申请人或其代理人或律师根据案件情况,使用必要的合理武力和克制将该逃犯带回原籍国。他或她可能如上所述逃离的州或地区。

In no trial or hearing under this act shall the testimony of such alleged fugitive be admitted in evidence; and the certificates in this and the first [ fourth] section mentioned, shall be conclusive of the right of the person or persons in whose favor granted, to remove such fugitive to the State or Territory from which he escaped, and shall prevent all molestation of such person or persons by any process issued by any court judge, magistrate, or other person whomsoever.

在根据本法进行的任何审判或听证会上,此类被指控逃犯的证词均不得被采纳为证据;且本节和第一节中提到的证书应是受其青睐的人将该逃犯移送至逃亡所在州或地区的最终权利,并应防止任何法院法官、治安法官或其他人颁布的任何程序对该人或多人进行任何骚扰。

SEC.

美国证券交易委员会。

7.

7.

And be it further enacted, That any person who shall knowingly and willingly obstruct, hinder, or prevent such claimant, his agent or attorney, or any person or persons lawfully assisting him, her, or them, from arresting such a fugitive from service or labor, either with or without process as aforesaid, or shall rescue, or attempt to rescue such fugitive from service or labor, from the custody of such claimant, his or her agent or attorney, or other person or persons lawfully assisting as aforesaid, when so arrested, pursuant to the authority herein given and declared; or shall aid, abet, or assist such person so owing service or labor as aforesaid, directly or indirectly, to escape from such claimant, his agent or attorney, or other person or persons legally authorized as aforesaid; or shall harbor or conceal such fugitive, so as to prevent the discovery and arrest of such person, after notice or knowledge of the fact that such person was a fugitive from service or labor as aforesaid, shall, for either of said offences, be subject to a fine not exceeding one thousand dollars, and imprisonment not exceeding six months, by indictment and conviction before the District Court of the United States for the district in which such offence may have been committed, or before the proper court of criminal jurisdiction, if committed within anyone of the organized Territories of the United States; and shall moreover forfeit and pay, by way of civil damages to the party injured by such illegal conduct, the sum of one thousand dollars, for each fugitive so lost as aforesaid, to be recovered by action of debt, in any of the District or Territorial Courts aforesaid, within whose jurisdiction the said offence may have been committed.

并且进一步规定,任何人在知情和故意的情况下阻碍、妨碍或阻止该索赔人、其代理人或律师、或任何合法协助他、她或他们的人逮捕该逃犯,无论有或没有上述程序,或应从该索赔人、其代理人或律师、或其他合法协助其的人的监管下营救或试图营救该逃犯。如上所述,当根据本文授予和宣布的权力被捕时;或应直接或间接协助、教唆或协助欠上述服务或劳动的人逃离该索赔人、其代理人或律师或上述合法授权的其他人;或窝藏或隐藏该逃犯,以防止被发现和逮捕该人,在通知或知道该人是上述逃亡者的事实后,对于上述任何一种犯罪行为,应在可能实施此类犯罪的美国地区法院提起公诉并定罪,或在有组织的任何一个国家或地区的任何一个国家内,通过向美国地区法院起诉和定罪,处以不超过 1000 美元的罚款和不超过 6 个月的监禁。美国领土;此外,对于上述损失的每名逃犯,应没收并向因此类非法行为受害的一方支付民事损害赔偿金1000美元,以便在上述犯罪可能发生的管辖范围内的任何上述地区或地区法院通过债务诉讼追回。

SEC.

美国证券交易委员会。

8.

8.

And be it further enacted, That the marshals, their deputies, and the clerks of the said District and Territorial Courts, shall be paid, for their services, the like fees as may be allowed to them for similar services in other cases; and where such services are rendered exclusively in the arrest, custody, and delivery of the fugitive to the claimant, his or her agent or attorney, or where such supposed fugitive may be discharged out of custody for the want of sufficient proof as aforesaid, then such fees are to be paid in the whole by such claimant, his agent or attorney; and in all cases where the proceedings are before a commissioner, he shall be entitled to a fee of ten dollars in full for his services in each case, upon the delivery of the said certificate to the claimant, his or her agent or attorney; or a fee of five dollars in cases where the proof shall not, in the opinion of such commissioner, war- rant such certificate and delivery, inclusive of all services incident to such arrest and examination, to be paid, in either case, by the claimant, his or her agent or attorney The person or persons authorized to exe- cute the process to be issued by such commissioners for the arrest and detention of fugitives from service or labor as aforesaid, shall also be entitled to a fee of five dollars each for each person he or they may arrest and take before any such commissioner as aforesaid, at the instance and request of such claimant, with such other fees as may be deemed reasonable by such commissioner for such other additional services as may be necessarily performed by him or them; such as attending at the examination, keeping the fugitive in custody, and providing him with food and lodging during his detention, and until the final determination of such commissioner; and, in general, for performing such other duties as may be required by such claimant, his or her attorney or agent, or commissioner in the premises, such fees to be made up in conformity with the fees usually charged by the officers of the courts of justice within the proper district or county, as near as may be practicable, and paid by such claimants, their agents or attorneys, whether such supposed fugitives from service or labor be ordered to be delivered to such claimants by the final determination of such commissioners or not.

进一步规定,上述地区法院和地区法院的法警、他们的副手以及书记官的服务费用,应与他们在其他案件中提供类似服务时所支付的费用相同;如果此类服务专门用于逮捕、拘留和将逃犯移交给索赔人、其代理人或律师,或者由于缺乏上述充分证据而可以将嫌疑逃犯释放出拘留所,则此类费用应由该索赔人、其代理人或律师全额支付;在所有由专员进行诉讼的情况下,在将上述证书交付给索赔人、其代理人或律师后,专员有权就其在每个案件中提供的服务获得全额十美元的费用;或如果该专员认为证据不能保证提供此类证书和交付,包括与逮捕和检查有关的所有服务,则在任何情况下均应由索赔人及其代理人或律师支付五美元的费用。被授权执行该专员为逮捕和拘留上述公务或劳务逃犯而发出的程序的人员,也应有权为其每人收取五美元的费用可根据原告的要求并逮捕任何上述专员,并收取该专员认为合理的其他费用,以换取他或他们可能必须履行的其他附加服务;例如参加审查、拘留逃犯、在拘留期间为他提供食宿,直至该专员做出最终决定;一般而言,为履行该索赔人、其律师或代理人或在该场所的专员可能要求的其他职责,此类费用应按照实际可行的适当地区或县内法院官员通常收取的费用来组成,并由该索赔人、其代理人或律师支付,无论该专员的最终决定是否下令将这些所谓的公务或劳工逃亡者交付给该索赔人。

SEC.

美国证券交易委员会。

9.

9.

And be it further enacted, That, upon affidavit made by the claimant of such fugitive, his agent or attorney, after such certificate has been issued, that he has reason to apprehend that such fugitive will be rescued by force from his or their possession before he can be taken beyond the limits of the State in which the arrest is made, it shall be the duty of the officer making the arrest to retain such fugitive in his custody, and to remove him to the State whence he fled, and there to deliver him to said claimant, his agent, or attorney.

并进一步规定,根据该逃犯的原告、其代理人或律师在签发该证明后作出的宣誓书,他有理由担心该逃犯在被带出逮捕所在州的界限之前将被武力从他或他们的财产中解救出来,进行逮捕的官员有责任将该逃犯拘留,并将其移送至他逃亡的州,并且将其交给所述索赔人、其代理人或律师。

And to this end, the officer aforesaid is hereby authorized and required to employ so many persons as he may deem necessary to overcome such force, and to retain them in his service so long as circumstances may require.

为此,特此授权并要求上述官员雇用他认为必要的人员来克服这种力量,并在情况需要时保留他们为他服务。

The said officer and his assistants, while so employed, to receive the same compensation, and to be allowed the same expenses, as are now allowed by law for transportation of criminals, to be certified by the judge of the district within which the arrest is made, and paid out of the treasury of the United States.

上述官员及其助手在受雇期间,将获得与目前法律允许的运送罪犯相同的补偿和相同的费用,并由逮捕所在地区的法官证明,并由美国国库支付。

SEC.

美国证券交易委员会。

10.

10.

And be it further enacted, That when any person held to service or labor in any State or Territory, or in the District of Columbia, shall escape therefrom, the party to whom such service or labor shall be due, his, her, or their agent or attorney, may apply to any court of record therein, or judge thereof in vacation, and make satisfactory proof to such court, or judge in vacation, of the escape aforesaid, and that the person escaping owed service or labor to such party.

进一步规定,当任何在任何州或地区或哥伦比亚特区服劳务或劳动的人逃离该州或地区时,该等劳务或劳务应得的一方、他、她或他们的代理人或律师,可以向该州的任何记录法院或休假中的法官提出申请,并向该法院或休假中的法官提供令人满意的证据,证明上述脱逃情况,以及脱逃者欠该方的劳务或劳务。

Whereupon the court shall cause a record to be made of the matters so proved, and also a general description of the person so escaping, with such convenient certainty as may be; and a transcript of such record, authenticated by the attestation of the clerk and of the seal of the said court, being produced in any other State, Territory, or district in which the person so escaping may be found, and being exhibited to any judge, commissioner, or other officer authorized by the law of the United States to cause persons escaping from service or labor to be delivered up, shall be held and taken to be full and conclusive evidence of the fact of escape, and that the service or labor of the person escaping is due to the party in such record mentioned.

随后,法院应安排对所证明的事项进行记录,并以尽可能方便的确定性对如此逃跑的人进行一般描述;此类记录的誊本,经书记官证明并加盖上述法院印章,在可能发现逃亡者的任何其他州、领地或地区出示,并向任何法官、专员或美国法律授权将逃亡者交出的其他官员出示,应被视为逃亡事实的充分和决定性证据,以及该逃亡者的服务或劳动逃亡者是该记录中提到的一方。

And upon the production by the said party of other and further evidence if necessary, either oral or by affidavit, in addition to what is contained in the said record of the identity of the person escaping, he or she shall be delivered up to the claimant.

除上述逃逸者身份记录中包含的内容外,当该方在必要时出示其他和进一步的证据(无论是口头还是宣誓书)后,应将其移交给索赔人。

And the said court, commissioner, judge, or other person authorized by this act to grant certificates to claimants of fugitives, shall, upon the production of the record and other evidences aforesaid, grant to such claimant a certificate of his right to take any such person identified and proved to be owing service or labor as aforesaid, which certificate shall authorize such claimant to seize or arrest and transport such person to the State or Territory from which he escaped: Provided, That nothing herein contained shall be construed as requiring the production of a transcript of such record as evidence as aforesaid.

上述法院、专员、法官或本法授权向逃犯索赔人颁发证书的其他人员,应在出示记录和上述其他证据后,向该索赔人颁发一份证书,证明其有权带走经查明并证明欠有上述服务或劳动的任何该人,该证书应授权该索赔人扣押或逮捕该人并将其运送到其逃亡的州或地区:但本文件中的任何内容均不得解释为要求出示该等记录的抄本作为上述证据。

But in its absence the claim shall be heard and determined upon other satisfactory proofs, competent in law.

但如果没有,则应根据其他令人满意的、具有法律效力的证据来审理并确定索赔。

An Act to suppress the Slave Trade in the District of Columbia.

禁止哥伦比亚特区奴隶贸易的法案。

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the first day of January, eighteen hundred and fifty-one, it shall not be lawful to bring into the District of Columbia any slave whatever, for the purpose of being sold, or for the purpose of being placed in depot, to be subsequently transferred to any other State or place to be sold as merchandize.

美利坚合众国参议院和众议院在国会中制定的规定,从一千八百五十一号第一天起,不得将任何奴隶带入哥伦比亚特区,以进行出售,或放置在仓库中,然后转移到任何其他州或地方作为商品出售。

And if any slave shall be brought into the said District by its owner, or by the authority or consent of its owner, contrary to the provisions of this act, such slave shall thereupon become liberated and free.

如果任何奴隶被其主人、或其主人的授权或同意带入上述地区,违反本法的规定,该奴隶应立即获得解放和自由。

SEC.

美国证券交易委员会。

2.

2.

And be it further enacted, That it shall and may be lawful for each of the corporations of the cities of Washington and Georgetown, from time to time, and as often as may be necessary, to abate, break up, and abolish any depot or place of confinement of slaves brought into the said District as merchandize, contrary to the provisions of this act, by such appropriate means as may appear to either of the said corporations expedient and proper.

进一步颁布的话,华盛顿和乔治敦市的每个公司在必要时,可以通过上述公司认为有利且适当的适当方式,不时地并在必要时,减少、分解和废除任何违反本法规定的将奴隶带入该地区作为商品的仓库或监禁场所。

And the same power is hereby vested in the Levy Court of Washington county, if any attempt shall be made, within its jurisdictional limits, to establish a depot or place of confinement for slaves brought into the said District as merchandize for sale contrary to this act.

如果有人试图在其管辖范围内为违反本法作为商品出售的奴隶建立仓库或禁闭场所,则特此赋予华盛顿县征费法院同样的权力。

中文为机器翻译,仅供参考。