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Sec. 13. And be it further enacted, That a the Judges who may be appointed for said TerDelegate to the House of Representatives of ritory to the several districts, and also appoint the United States, to serve during each Con the times and places for holding Courts in the gress of the United States, may be elected by several counties or subdivisions in each of said the voters qualified to elect members of the Judicial Districts, by proclamation to be issued Legislative Assembly, who shall be entitled to by him ; but the Legislative Assembly, at their the same rights and privileges as are exercised first or any subsequent session, may organize, and enjoyed by the Delegates from the several alter, or modify such Judicial Districts, and other Territories of the United States to the assign the Judges, and alter the times and said House of Representatives. The first elec- places of holding the Courts, as to them shall tion shall be held at such time and places, and seem proper and convenient. be conducted in such manner, as the Governor Sec. 16. And be it further enacted, That the shall appoint and direct; and at all subsequent Constitution and all laws of the United States elections, the times, places, and manner of which are not locally inapplicable, shall have holding elections, shall be prescribed by law. the same force and effect within the said TerriThe person having the greatest number of votes tory of Nevada as elsewhere withi: the United shall be declared by the Governor to be duly States. elected, and a certificate thereof shall be given Sec. 17. And be it further enacted, That the accordingly.

President of the United States, by and with the Sec. 14. And be it further enacted, That when advice and consent of the Senate, shall be, and the land in said Territory shall be surveyed, he is hereby, authorized to appoint a Surveyorunder the direction of the Government of the General for Nevada, who shall locate his office United States, preparatory to bringing the same at such place as the Secretary of the Interior into market, sections numbered sixteen and shall from time to time direct, and whose duties, thirty-six in each township in said Territory powers, obligations, responsibilities, compensashall be, and the same is hereby, reserved for tion, and allowances for clerk hire, office rent, the purpose of being applied to schools in the fuel, and incidental expenses, shall be the same States bereafter to be erected out of the same. as those of the Surveyor-General of New Mex

Sec. 15. And be it further enacted, That tem- ico, under the direction of the Secretary of the porarily, and until otherwise provided by law, Interior, and such instructions as he may, from the Governor of said Territory may define the time to time, deem it advisable to give him. Judicial Districts of said Territory, and assign


CHAP. XXXVI.-- An Act to enable the People of persons qualified by law to vote for representa

Nevada to form a Constitution and State Gov- tives to the general assembly of said Territory, ernment, and for the Admission of such State at the date of the passage of this Act, shall be into the Union on an equal footing with the qualified to be elected, and they are authorized original States.

to vote for and choose representatives to form

a Convention, under such rules and regulations Be it enacted by the Senate and House of Rep-l as the Governor of said Territory may preresentatives of the United States of America in scribe ; and also to vote upon the acceptance Congress assembled, That the inhabitants of that or rejection of such Constitution as may be portion of the Territory of Nevada included in formed by said Convention, under such rules the boundaries hereinafter designated be, and and regulations as the said Convention may they are hereby, anthorized to form for them- prescribe ; and if any of said citizens are enselves, out of said Territory, a State Govern- listed in the army of the United States, and are ment, with the name aforesaid, which said still within said Territory, they shall be perState, when formed, shall be admitted into the mitted to vote at their place of rendezvous; Union upon an equal footing with the original and [if] any are absent from said Territory, by States, in all respects whatsoever.

reason of their enlistment in the army of the Sec. 2. And be it further enacted, That the United States, they shall be permitted to vote said State of Nevada shall consist of all the at their place of service, under the rules and territory included within the following bound-regulations in each case to be prescribed as aries, to wit: Commencing at a point formed aforesaid; and the aforesaid representatives to by the intersection of the thirty-eighth degree form the aforesaid Convention, shall be apporof longitude west from Washington with the tioned among the several counties in said Terthirty-seventh degree of north latitude; thence ritory in proportion to the population, as near due west along said thirty-seventh degree of as may be ; and said apportionment shall be north latitude to the eastern boundary line of made for said Territory by the Governor, the State of California ; thence in a northwest- United States District Attorney, and Chief Juserly direction along the said eastern boundary tice thereof, or any two of them; and the Govline of the State of California to the forty-third

ernor of said Territory shall, by proclamation, degree of longitude west from Washington; on or before the first Monday of May next, thence north along said forty-third degree of order an election of the representatives as west longitude and said eastern boundary line aforesaid, to be held on the first Monday in of the State of California to the forty-second June thereafter throughout the Territory, and degree of north latitude ; thence due east along such election shall be conducted in the same the said forty-second degree of north latitude manner as is prescribed by the laws of said to a point formed by its intersection with the Territory regulating elections therein for memaforesaid thirty-eighth degree of longitude west bers of the House of Representatives, and the from Washington; thence due south down said number of members to said Convention shall thirty-eighth degree of west longitude to the be the same as now constitute both branches of place of beginning.

the Legislature of the aforesaid Territory. SEC. 3. And be it further enacted, That all

SEC. 4. And be it further enacted, That the members of the Convention, thus elected, shall acting Governor of the Territory, who, with meet at the Capital of said Territory on the the Unitel States District Attorney and Chief first Monday in July next, and, after organiza- Justice of said Territory, or any two of them, tion, shall declare, on behalf of the people of shall canvass the same, and if majority of said Territory, that they adopt the Constitution legal votes shall be cast for said Constitution of the United States. Whereupon the said in said proposed State, the said acting GovConvention shall be, and it is hereby, anthor- ernor shall certify the same to the President of ized to form a Constitution and State Govern- the United States, together with a copy of said ment for said Territory. Provided, That the Constitution and ordinances; whereupon it Constitution, when formed, shall be republican, shall be the duty of the President of the United and not repugnant to the Constitution of the States to issue his proclamation declaring the United States, and the principles of the Declara- State admitted into the Union on an equal foottion of Independence. And, provided further, ing with the original States, without any further That said Convention shall provide, by an ordi- action whatever on the part of Congress. nance irrerocable, without the consent of the Sec. 6. And be it further enacted, That until United States and the people of said State :- the next general census shall be taken, said

First. That there shall be neither slavery State of Nevada shall be entitled to one Repnor involuntary servitude in the said State, resentative in the House of Representatives of otherwise than in the punishment of crimes, the Cnited States, which Representative, towhereof the party shall have been duly con- gether with the Governor and State and other victed.

officers provided for in said Constitution, may Second. That perfect toleration of religious be elected on the same day a rote is taken for sentiment shall be secured, and no inhabitant or against the proposed Constitution and State of said State shall ever be molested in person Government. or property on account of his or her mode of SEC. 7. And be it further enacted, That secreligious worship.

tions numbers sixteen and thirty-six, in every Third. That the people inhabiting said Ter- township, and where such sections have been ritory do agree and declare that they forever sold or otherwise disposed of by any Act of disclaim all right and title to the unappropri- Congress, other lands equivalent thereto in ated public lands lying within said Territory,, legal subdivisions of not less than one quarter and that the same shall be and remain at the section, and as contiguous as may be, shall be, sole and entire disposition of the United States; and are hereby, granted to said State for the and that the lands belonging to citizens of support of common schools. the United States residing without the said SEC. 8. And be it further enacted, That proState shall never be taxed higher than the land vided the State of Nevada shall be admitted belonging to the residents thereof; and that no into the Union, in accordance with the foregotaxez shall be imposed by said State on lands ing provisions of this Act, that twenty entire or property therein belonging to, or which may sections of the unappropriated public lands hereafter be purchased by, the United States. within said State, to be selected and located by

Sec. 5. And be it further enacted, That in direction of the Legislature thereof, on or becase a Constitution and State Government shall fore the first day of January, anno Domini be formed for the people of said Territory of eighteen hundred and sixty-eight, shall be, Nevada, in compliance with the provisions of and they are hereby, granted, in legal subdithis Act, that said Convention forming the same visions of not less than one hundred and sixty shall provide by ordinance for submitting said acres, to said State, for the purpose of erecting Constitution to the people of said State for public buildings at the Capital of said State, their ratification or rejection at an election to for legislative and judicial purposes, in such be held on the second Tuesday of October, one manner as the Legislature shall prescribe. thousand eight hundred and sixty-four, at such Sec. 9. And be it further enacted, That twenty places and under such regulations as may be other entire sections of land, as aforesaid, to prescribed therein, at which election the lawful be selected and located as aforesaid, in legal voters of said new State shall vote directly for subdivisions, as aforesaid, shall be, and they or against the proposed Constitution, and the are hereby, granted to said State for the purreturns of said election shall be made to the pose of erecting a suitable building for a pen

the same,

itentiary or State prison in the manner afore


Sec. 10. And be it further enacted, That five Chap. XCIV.-- An Ad to amend an Act entitled percentum of the proceeds of the sales of all

“ An Act to enable the People of Nevada to public lands lying within said State, which

form a Constitution and State Government, and shall be sold by the United States subsequent to the admission of said State into the Union,

for the Admission of such Slate into the Union

on an equal footing with the original States." after deducting all the expenses incident to

shall be paid to the said State for the purpose of inaking and improving public roads,

Be it enacted by the Senate and House of Repconstructing ditches or canals, to effect a gen

resentatives of the United States of America in eral system of irrigation of the agricultural Congress assembled, That so much of the fifth land in the State, as the Legislature shall direct. section of the Act to which this Act is an

Sec. 11. And be it further enacted, That from amendment as provides by ordinance for suband after the admission of the said State of mitting the Constitution to the people of said Nevada into the l'nion, in pursuance of this State, for their ratification or rejection, at an Act, the laws of the United States, not locally election to be held on the second Tuesday of inapplicable, shall have the same force and October, be so amended as to read on the first effect within the said State as elsewhere within Wednesday of September," and that the electhe United States, and said State shall consti- tion for the purposes aforesaid be held on that tute one judicial district, and be called the Dis. day instead of the second Tuesday of October. trict of Nevada.

APPROVED, May 21, 1864. APPROVED, Varch 21, 1864.




CARSON CITY, May 2, 1864. WHEREAS, By the foregoing Act entitled “An Act to enable the People of Nevada to form a Constitution and State Governinent, and for the admission of such State into the l'nion on an equal footing with the original States," it is made obligatory upon the Governor, Chief Justice, and United States Attorney, to apportion - among the several counties in said Territory in proportion to the population, as near as may be," representatives to form the said Convention, and likewise obligatory upon the Governor, when said apportionment is made as aforesaid, to issue a proclamation ordering an election as prescribed in said Act.

Now, therefore, I, James W. Nye, Governor of the Territory of Nevada, do order and direct that an election be held in the several counties of this Territory, on the first Monday of June next, for the purpose of electing Delegates or Representatives to the Constitutional Convention for said Territory, “ in the same manner as is prescribed by the laws of said Territory, regulating elections therein for members of the House of Representatives,” and that the number of Representatives, to be elected in the several counties, as this way apportioned by the Governor, Chief Justice, United States Attorney, or of the Territory of Nevada, shall be as follows: Counties.

No. of Delegates.


1 Ormsby..

5 Washoe and Roop...

6 Douglas



Nye...... In testimony whereof, have hereunto subscribed my hand and caused the great seal of the Territory to be affixed this second day of May, 1864, at the City of Carson, Territory of Nerada. (SEAL)


Governor of the Territory of Nevada. Attest: Orion CLEMENS,

Secre'ary of the Territory.





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