1. Compensation of employees. 2. Pay of clerks, &c., at Mare Island. Navy Yards. 3. Hours of labor and wages. 4. Pay of commandant at Mare Island. 1. Hereafter no salaries shall be paid to any employee in any of the navy yards except 14 July 1862 § 1 to those designated in the estimates. All other persons shall receive a per diem compensation for the time during which they were actually engaged. 12 Stat. 564. Compensation of Ibid. 3. at Mare Island. 2. The pay of the clerks of the navy yard and navy agency at Mare Island shall be employees. as follows, viz.: one clerk to navy agent, two thousand dollars per annum; one clerk to navy agent, fifteen hundred dollars; one clerk to the commandant, fifteen hundred Pay of clerks, &c., dollars; one clerk of the yard, fifteen hundred dollars; one clerk to the paymaster and inspector of provisions, and so forth, fifteen hundred dollars; one clerk to the naval constructor, nine hundred dollars; one clerk to the civil engineer, nine hundred dollars; one draughtsman to civil engineer, twelve hundred dollars; one steward to paymaster, seven hundred and fifty dollars. 3. The hours of labor and the rate of wages of the employees in the navy yards shall conform, as nearly as is consistent with the public interest, with those of private establishments in the immediate vicinity of the respective yards, to be determined by the commandants of the navy yards, subject to the approval and revision of the secretary of the navy. 16 July 1862 31. 12 Stat. 587. Hours of labor and wages in navy yards. 4. The pay of the officer of the navy assigned to the command of the navy yard at 3 March 1863 31. Mare Island, California, shall be the sea pay of his grade. 12 Stat. 825. Nebraska. 1. Addition to Nebraska territory. 12 Stat. 244. 1. Until congress shall otherwise direct, that portion of the territories of Utah and 2 March 1861 21. Washington between the forty-first and forty-third degrees of north latitude, and east of the thirty-third meridian of longitude west from Washington, shall be, and is hereby, Addition to Neincorporated into and made a part of the territory of Nebraska. braska territory. 12 Stat. 209. 1. That all that part of the territory of the United States included within the follow- 2 March 1861 1. ing limits, to wit: beginning at the point of intersection of the forty-second degree of north latitude with the thirty-ninth degree of longitude west from Washington; thence, Territory of running south on the line of said thirty-ninth degree of west longitude, until it intersects the northern boundary line of the territory of New Mexico; thence due west to Nevada. 2 March 1861 the dividing ridge separating the waters of Carson Valley from those that flow into the Pacific; thence on said dividing ridge northwardly to the forty-first degree of north latitude; thence due north to the southern boundary line of the state of Oregon; thence due east to the place of beginning, be, and the same is hereby, erected into a temporary Assent of Califor- government by the name of the territory of Nevada: Provided, That so much of the nia to be obtained territory within the present limits of the state of California shall not be included within this territory until the state of California shall assent to the same by an act irrevocable Indian rights not without the consent of the United States: Provided further, That nothing in this act to be impaired. contained shall be construed to impair the rights of person or property now pertaining to the Indians in said territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any state or territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the territory of Nevada, until said tribe shall signify their assent to the president of the United States to be included within the said territory; or to affect the authority of the government of ernment to treat the United States to make any regulations respecting such Indians, their lands, property with them affect or other rights, by treaty, law or otherwise, which it would have been competent for the government to make if this act had never passed: Provided further, That nothing in this act contained shall be construed to inhibit the government of the United States May be divided, 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. Or authority of the general gov .. or attached to other states or territories. 14 July 1862 1. 12 Stat. 575. Roundaries enlarged. 2 March 1861 2. 12 Stat. 210. Governor. Term of office. 2. That all that part of the territory of the United States included within the following limits, namely: beginning at the point of intersection of the forty-second degree of north latitude with the thirty-eighth degree of longitude west from Washington; thence running south on the said thirty-eighth degree of west longitude until it intersects the northern boundary line of New Mexico; thence due west to the thirty-ninth degree of longitude west from Washington; thence with said thirty-ninth degree north to the intersection of said forty-second degree of north latitude; thence east with said fortysecond degree of north latitude to the place of beginning, be, and the same is hereby, attached to and made a part of the territory of Nevada, subject to the limitations, restrictions and provisions of the act organizing the territory of Nevada. II. EXECUTIVE AUTHORITY. 3. The executive power and authority in and over said territory of Nevada 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. 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 His powers, &c. 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 said territory, and shall take care that the laws be faithfully executed. Ibid. 23. When to act as governor. 2 March 1861 4. 12 Stat. 210. Constitution of the legislative assembly. Council. House of rep resentatives. 4. 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; and in case of the death, removal or 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. III. LEGISLATIVE POWER. 5. The legislative power and authority of said territory shall be vested in the governor and a legislative assembly. The legislative assembly shall consist of a council and house of representatives. The council shall consist of nine members, which may be increased to thirteen, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The house of representatives shall consist of thirteen members, which may be increased to twenty-six, possessing the same qualifica 2 March 1861. Apportionment. tions as prescribed for members of the council, and whose term of service shall continue one year. 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; and the members of the council and of the Residence. house of representatives shall reside in, and be inhabitants of, the district for which they may be elected, respectively. Previous to the first election, the governor shall Census. 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 First election. 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. 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 elected members of the house of representatives: Provided, That in case of a tie between New election in two or more persons voted for, the governor shall order a new election to supply the vacancy made by such tie. 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, Subsequent the time, place and manner of holding and conducting all elections by the people, and elections. the apportioning the representations, 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, except the first, which Duration of may be extended to sixty days, but no longer. case of a tie. sessions. Ibid. 25. 6. Every free white male inhabitant of the United States above the age of twenty-one years, who shall have been a resident of said territory at the time of the passage of this Qualifications of act, shall be entitled to vote at the first election, and shall be eligible to any office within voters. 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 and those who shall have declared on oath their intention to become such, and shall have taken an oath to support the constitution of the United States. 7. 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; nor shall any law be passed impairing the rights of private property; nor shall any discrimination be made in taxing different kinds of property; but all property subject to taxation shall be in proportion to the value of the property taxed. 8. 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. 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 lay off the necessary districts for members of the council and house of representatives, and all other officers. Ibid. 26. Extent of legis lative power Ibid. 7. Appointment of township, district and county officers. Ibid. 28. office. 9. 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 Exclusion of increased while he was a member, during the term for which he was elected, and for members from 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. IV. JUDICIARY. 10. The judicial power of said territory shall be vested in a supreme court, district 2 March 1861 39. courts, probate courts and in justices of the peace. The supreme court shall consist of 12 Stat. 212. a chief justice and two associate justices, any two of whom shall constitute a quorum, Supreme court. 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. The said territory shall be District courts. divided into three judicial districts, and a district court shall be held in each of said Jurisdiction. Justices of the peace. &c. courts. Errors and appeals. court. 2 March 1861. 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. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the probate courts and of the 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 of boundaries of land may be in dispute, or where the debt or sum claimed shall exceed Chancery powers, one hundred dollars. And the said supreme and district courts respectively shall possess chancery as well as common law jurisdiction; and authority for redress of all wrongs committed against the constitution or laws of the United States, or of the territory, Clerks of district affecting persons or property. 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. 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 Clerk of supreme supreme court shall trial by jury be allowed in said court. The supreme court or the justices thereof shall appoint its own clerk, and every clerk shall hold his office at the Jurisdiction of pleasure of the court for which he shall have been appointed. Writs of error and apthe United states peals 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; 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 have precedence. 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. The said clerk shall receive in all such cases the same fees which the clerks of the district courts of Utah territory now receive for similar services. supreme court of Powers of the district courts. Habeas corpus. What causes to Fees of clerk. Ibid. 10. District attorney. Marshal. Ibid. 15. 11. 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 Utah. 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 regulations 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 Utah, and shall, in addition, be paid two hundred dollars annually as a compensation for extra services. 12. Temporarily, and until otherwise provided by law, the governor of said territory Judicial districts. 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. Ibid. 16. Laws of the United States ex tended to Nevada. 2 March 1861 214. 12 Stat. 214. School lands. Ibid. 17. Surveyor-general 13. 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 Nevada as elsewhere within the United States. V. LANDS AND LAND OFFICES. 14. When the land 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 is hereby, reserved for the purpose of being applied to schools in the states hereafter to be erected out of the same. 15. The president of the United States, by and with the advice and consent of the senate, shall be, and he is hereby, authorized to appoint a surveyor-general for Nevada, (a) who shall locate his office at such place as the secretary of the interior shall from time (a) See tit. "Lands," 12-13. to time direct, and whose duties, powers, obligations, responsibilities, compensation and 2 March 1861. allowances for clerk hire, office rent, fuel and incidental expenses, shall be the same as those of the surveyor-general of New Mexico, under the direction of the secretary of the interior, and such instructions as he may from time to time deem it advisable to give him. 16. The public lands of the United States in the territory of Nevada shall constitute 2 July 1862 ? 1. 12 Stat. 503. a land district, to be called the District of Nevada, the office for which shall be established at such place within said district as the president of the United States may from District of time to time direct; and the pre-emption laws are hereby extended to said territory. Nevada. Ibid. 2. 17. That the president be and he is hereby authorized to appoint, by and with the advice and consent of the senate, a register and receiver for said district, who shall be Register and required to reside at the site of said office, and who shall have the same powers and receiver. perform the same duties as are now or may hereafter be prescribed by law for other land officers, and whose compensation shall be the same as allowed to such officers by the act approved April 20th 1818, entitled “An act for changing the compensation of receivers and registers of the land offices." tlers. 18. When the settlers in any township or townships, not mineral or reserved by gov- Ibid. 23. ernment, shall desire a survey made of the same under the authority of the surveyor- When surveys to general of the United States, and shall file an application therefor in writing, and be made for setdeposit in a proper United States depository to the credit of the United States a sum sufficient to pay for such survey, together with all expenses incident thereto, without cost or claim for indemnity on the United States, it shall and may be lawful for said surveyor-general, under such instructions as may be given him by the commissioner of the general land office, and in accordance with existing laws and instructions, to survey such township or townships, and make return thereof to the general and proper local land office: Provided, That the townships so proposed to be surveyed are within the range of the regular progress of the public surveys embraced by existing standard lines or bases for the township and subdivisional surveys. VI. MISCELLANEOUS PROVISIONS. 12 Stat. 213. officers. 19. The governor, secretary, chief justice and associate justices, attorney and mar- 2 March 1861 211 shal shall be nominated and, by and with the advice and consent of the senate, appointed by the president of the United States. The governor and secretary to be appointed as Appointment aforesaid shall, before they act as such, respectively take an oath or affirmation before of territorial the district judge, or some justice of the peace in the limits of said territory, duly Oath of office. 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 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. The governor shall receive an annual salary Salaries. of fifteen hundred dollars as governor, and one thousand dollars as superintendent of Indian affairs; the chief justice and associate justices shall each receive an annual salary of eighteen hundred dollars; the secretary shall receive an annual salary of eighteen hundred dollars. The said salaries shall be paid quarter-yearly at the treasury of the United States. The members of the legislative assembly shall be entitled to Compensation of receive three dollars each per day during their attendance at the session thereof, and members of three dollars for every twenty miles' travel in going to and returning from the said sessions, estimated according to the nearest usually travelled route. There shall be Contingent appropriated annually the sum of one thousand dollars, to be expended by the governor expenses. 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 treasury 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. 20. The legislative assembly of the territory of Nevada shall hold its first session at assembly. Ibid. 12. |