NOTE BY THE REPORTER.

The preparation and publication of the volume of Debates and Proceedings has been very much delayed, by causes beyond the control of the Reporter or Printer; and the work is now presented, from necessity, without the contemplated introductory pages, the committee appointed by the Convention to prepare an introduction, embracing a brief outline of the history of the Territory of Nevada, not having performed that duty in season. The volume is respectfully submitted to the people of Nevada, with a full consciousness on the part of the Reporter that he has discharged faithfully, and to the utmost of his ability, every duty devolved upon him, in connection with its preparation, revision, and indexing. He takes this occasion to return his sincere thanks to all the members of the Convention for their cordial and friendly coöperation. ANDREW J. MARSH,

Official Reporter.

SAN FRANCISCO, Cal., November, 1866.

ACT OF CONGRESS

ORGANIZING THE TERRITORY OF NEVADA.

An Act to Organize the Territory of Nevada.

[Approved March 2, 1861.]

sent to the President of the United States, to be included within the said Territory, or to affect the authority of the Government of the United States to make any regulations respecting such Indians, their lands, property, 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 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.

Be it enacted by the Senate and House of Rep- territory shall be excepted out of the bounda resentatives of the United States of America in ries, and constitute no part of the Territory of Congress assembled, That all that part of Nevada, until said tribe shall signify their asthe territory of the United States included within the following limits, to wit:- Beginning at the point of intersection of the fortysecond degree of north latitude with the thirty-ninth degree of longitude west from Washington; thence 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 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 Government, by the name of the Territory of Nevada; provided, that so much of the 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 without the consent of the United States; provided, further, that nothing in this Act 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

SEC. 2. And be it further enacted, That 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 they shall take effect; he may grant pardons for offenses against the laws of said Territory, and reprieves for offenses 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 Ter- | ants of the several counties and districts of the ritory, and shall take care that the laws be Territory to be taken; and the first election faithfully executed.

shall be held at such time and places, and be SEC. 3. And be it further enacted, That there conducted in such manner, as the Governor shall be a Secretary of said Territory, who shall shall appoint and direct; and he shall, at the reside therein, and hold his office for four years, same time, declare the number of the members unless sooner removed by the President of the of the Council and House of Representatives United States; he shall record and preserve all, to which each of the counties or districts shall the laws and proceedings of the Legislative be entitled under this Act. The number of Assembly hereinafter constituted, and all the persons authorized to be elected having the acts and proceedings of the Governor in his highest number of votes in each of said CounExecutive Department; he shall transmit one cil Districts for members of the Council, shall copy of the laws and one copy of the Execu- be declared by the Governor to be duly elected tive proceedings, on or before the first day of to the Council; and the person or persons auDecember in each year, to the President of the thorized to be elected having the greatest numUnited States, and at the same time two copies ber of votes for the House of Representatives, of the laws to the Speaker of the House of equal to the number to which each county or Representatives and the President of the Sen- district shall be entitled, shall be declared by ate, for the use of Congress; and in case of the the Governor to be elected members of the death, removal, or resignation, or other neces- House of Representatives; provided, that in sary absence of the Governor from the Terri- case of a tie between two or more persons tory, the Secretary shall have, and he is hereby voted for, the Governor shall order a new elecauthorized and required to execute and per- tion, to supply the vacancy made by such tie. form, all the powers and duties of the Governor, And the persons thus elected to the Legislative during such vacancy or necessary absence, or Assembly, shall meet at such place and on such until another Governor shall be duly appointed day as the Governor shall appoint; but thereto fill such vacancy. after, the time, place, and manner of holding SEC. 4. And be it further enacted, That the and conducting all elections by the people, and legislative power and authority of said Terri- the apportioning the representations, in the tory shall be vested in the Governor, and a several counties or districts, to the Council and Legislative Assembly. The Legislative Assem- House of Representatives, according to the bly shall consist of a Council and House of population, shall be prescribed by law, as well Representatives. The Council shall consist of as the day of the commencement of the regular nine members, which may be increased to thir-sessions of the Legislative Assembly; provided, teen, having the qualifications of voters as that no one session shall exceed the term of hereinafter prescribed, whose term of service forty days, except the first, which may be exshall continue two years. The House of Rep- tended to sixty days, but no longer. resentatives shall consist of thirteen members, which may be increased to twenty-six, possess-free white male inhabitant of the United States ing the same qualifications as prescribed for above the age of twenty-one years, who shall members of the Council, and whose term of have been a resident of said Territory at the service shall continue one year. An appor- time of the passage of this Act, shall be entitionment shall be made, as nearly equal as tled to vote at the first election, and shall be practicable, among the several counties or dis- eligible to any office within the said Territory; tricts, for the election of the Council and of the but the qualifications of voters, and of holding House of Representatives, giving to each sec-office at all subsequent elections, shall be such tion of the Territory representation in the ratio as shall be prescribed by the Legislative Asof its population, (Indians excepted,) as nearly sembly; provided, that the right of suffrage as may be; 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. Previous to the first election, the Governor shall cause a census or enumeration of the inhabit

SEC. 5. And be it further enacted. That every

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.

SEC. 6. And be it further enacted, That the

Legislative power of the Territory shall extend | Districts, and a District Court shall be held in to all rightful subjects of legislation consistent each of said districts by one of the Justices of with the Constitution of the United States, and the Supreme Court, at such time and place ag the provisions of this Act; but no law shall be may be prescribed by law; and the said Judges passed interfering with the primary disposal of shall, after their appointments, respectively, the soil; no tax shall be imposed upon the reside in the districts which shall be assigned property of the United States; nor shall the them. The jurisdiction of the several courts lands or other property of non-residents be herein provided for, both appellate and origitaxed higher than the lands or other property nal, and that of the Probate Courts and of the of residents; nor shall any law be passed im- Justices of the Peace, shall be as limited by pairing the rights of private property; nor law; provided, that Justices of the Peace shall 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.

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 one hundred dollars; and the said SEC. 7. And be it further enacted, That all Supreme and District Courts, respectively, shall township, district, and county officers, not here- possess chancery as well as common law jurisin otherwise provided for, shall be appointed, diction; and authority for redress of all wrongs or elected, as the case may be, in such manner committed against the Constitution or laws of as shall be provided by the Governor and Leg- the United States, or of the Territory, affecting islative Assembly of the Territory. The Gov-persons or property. Each District Court, or ernor 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.

SEC. 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.

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 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 pleasure of the Court for which he shall have been appointed. 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 SEC. 9. And be it further enacted, That the other competent witness, shall exceed one thouJudicial power of said Territory shall be vested sand dollars; and each of the said District in a Supreme Court, District Courts, Probate Courts shall have and exercise the same jurisCourts, and in Justices of the Peace. The Su- diction in all cases arising under the Constitupreme Court shall consist of a Chief Justice tion and laws of the United States, as is vested and two Associate Justices, any two of whom in the Circuit and District Courts of the United shall constitute a quorum, and who shall hold States; and the said Supreme and District a term at the seat of Government of said Ter- Courts of the said Territory, and the respectiv ritory annually, and they shall hold their offices Judges thereof, shall and may grant writs of during the period of four years. The said habeas corpus in all cases in which the same Territory shall be divided into three Judicial 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. 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.

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. SEC. 10. And be it further enacted, That there The Governor shall receive an annual salary of shall be appointed an Attorney for said Terri- fifteen hundred dollars as Governor, and one tory, who shall continue in office for four years, thousand dollars as Superintendent of Indian. unless sooner removed by the President, and Affairs; the Chief Justice and Associate Juswho shall receive the same fees and salary as tices shall each receive an annual salary of the Attorney of the United States for the pres- eighteen hundred dollars. The Secretary shall ent Territory of Utah. There shall also be a receive a salary of eighteen hundred dollars. Marshal for the Territory appointed, who shall The said salaries shall be paid quarter-yearhold his office for four years, unless sooner re-ly at the Treasury of the United States. The moved by the President, and who shall execute members of the Legislative Assembly shall all processes issuing from the said Courts when be entitled to receive three dollars each per exercising their jurisdiction as Circuit and Dis-day during their attendance at the session trict Courts of the United States; he shall per- thereof, and three dollars for every twenty form the duties, be subject to the same regula miles' travel in going to and returning tions 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.

from the said session, estimated according to the nearest usually traveled route. 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.

SEC. 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. 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 SEC. 12. And be it further enacted, That the oaths and affirmations by the laws now in force Legislative Assembly of the Territory of Netherein, or before the Chief Justice, or some vada shall hold its first session at such time and Associate Justice of the Supreme Court of the place in said Territory as the Governor thereof United States, to support the Constitution of shall appoint and direct; and at said first sesthe United States, and faithfully to discharge sion, or as soon thereafter as they shall deem the duties of their respective offices; which expedient, the Governor and Legislative Assaid oaths, when so taken, shall be certified by sembly shall proceed to locate and establish the person by whom the same shall have been the seat of Government for said Territory, at taken, and such certificates shall be received such place as they may deem eligible; which and recorded by the Secretary among the Exec-place, however, shall thereafter be subject to utive proceedings; and the Chief Justice and be changed by the said Governor and LegislaAssociate Justices, and all other civil officers tive Assembly.