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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 ele 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 shall appoint and direct; and at all subsequent Constitution and all laws of the United States

SEC. 16. And be it further enacted, That the

elections, the times, places, and manner of holding elections, shall be prescribed by law. 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.

which are not locally inapplicable, shall have the same force and effect within the said Terri tory of Nevada as elsewhere within the United States.

SEC. 14. And be it further enacted, That 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.

SEC. 15. 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

SEC. 17. And be it further enacted, That 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 SurveyorGeneral for Nevada, who shall locate his office at such place as the Secretary of the Interior shall from time to time direct, and whose duties, powers, obligations, responsibilities, compensation, and 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.

ENABLING ACT.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of that portion of the Territory of Nevada included in the boundaries hereinafter designated be, and they are hereby, authorized to form for themselves, out of said Territory, a State Government, with the name aforesaid, which said State, when formed, shall be admitted into the Union upon an equal footing with the original States, in all respects whatsoever.

CHAP. XXXVI.—An Act to enable the People of persons qualified by law to vote for representatives to the general assembly of said Territory, at the date of the passage of this Act, shall be qualified to be elected, and they are authorized to vote for and choose representatives to form a Convention, under such rules and regulations as the Governor of said Territory may prescribe; and also to vote upon the acceptance or rejection of such Constitution as may be formed by said Convention, under such rules and regulations as the said Convention may prescribe; and if any of said citizens are enlisted in the army of the United States, and are still within said Territory, they shall be permitted to vote at their place of rendezvous; and [if] any are absent from said Territory, by reason of their enlistment in the army of the United States, they shall be permitted to vote at their place of service, under the rules and

SEC. 2. And be it further enacted, That the said State of Nevada shall consist of all the 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

Nevada to form a Constitution and State Government, and for the Admission of such State into the Union on an equal footing with the original States.

members of the Convention, thus elected, shall | acting Governor of the Territory, who, with meet at the Capital of said Territory on the the United 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 a 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, author- 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 irrevocable, without the consent of the United States and the people of said State :—

Second. That perfect toleration of religious sentiment shall be secured, and no inhabitant of said State shall ever be molested in person or property on account of his or her mode of religious worship.

SEC. 6. And be it further enacted, That until the next general census shall be taken, said State of Nevada shall be entitled to one Rep

First. That there shall be neither slavery nor involuntary servitude in the said State, resentative in the House of Representatives of otherwise than in the punishment of crimes, the United 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 be elected on the same day a vote is taken for or against the proposed Constitution and State Government.

SEC. 7. And be it further enacted, That sections 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 State shall never be taxed higher than the land belonging to the residents thereof; and that no taxes shall be imposed by said State on lands or property therein belonging to, or which may hereafter be purchased by, the United States.

SEC. 8. And be it further enacted, That provided the State of Nevada shall be admitted into the Union, in accordance with the foregoing provisions of this Act, that twenty entire sections of the unappropriated public lands within said State, to be selected and located by direction of the Legislature thereof, on or before the first day of January, anno Domini eighteen hundred and sixty-eight, shall be, and they are hereby, granted, in legal subdivisions of not less than one hundred and sixty acres, to said State, for the purpose of erecting public buildings at the Capital of said State, for legislative and judicial purposes, in such manner as the Legislature shall prescribe.

SEC. 5. And be it further enacted, That in case a Constitution and State Government shall be formed for the people of said Territory of Nevada, in compliance with the provisions of this Act, that said Convention forming the same shall provide by ordinance for submitting said Constitution to the people of said State for their ratification or rejection at an election to be held on the second Tuesday of October, one thousand eight hundred and sixty-four, at such places and under such regulations as may be prescribed therein, at which election the lawful voters of said new State shall vote directly for or against the proposed Constitution, and the returns of said election shall be made to the

1

SEC. 9. And be it further enacted, That twenty other entire sections of land, as aforesaid, to be selected and located as aforesaid, in legal subdivisions, as aforesaid, shall be, and they are hereby, granted to said State for the purpose of erecting a suitable building for a pen

itentiary or State prison in the manner aforesaid.

SEC. 10. And be it further enacted, That five percentum of the proceeds of the sales of all public lands lying within said State, which shall be sold by the United States subsequent to the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to the said State for the purpose of making and improving public roads, constructing ditches or canals, to effect a general system of irrigation of the agricultural land in the State, as the Legislature shall direct. SEC. 11. And be it further enacted, That from and after the admission of the said State of Nevada into the Union, in pursuance of this Act, the laws of the United States, not locally inapplicable, shall have the same force and effect within the said State as elsewhere within the United States, and said State shall constitute one judicial district, and be called the Dis

trict of Nevada.

APPROVED, March 21, 1864.

AMENDATORY ACT.

CHAP. XCIV.-An Act to amend an Act entitled "An Act to enable the People of Nevada to form a Constitution and State Government, and for the Admission of such State into the Union on an equal footing with the original States."

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of the fifth section of the Act to which this Act is an amendment as provides by ordinance for submitting the Constitution to the people of said State, for their ratification or rejection, at an election to be held on the second Tuesday of October, be so amended as to read " on the first Wednesday of September," and that the election for the purposes aforesaid be held on that day instead of the second Tuesday of October. APPROVED, May 21, 1864.

Counties.

WHEREAS, By the foregoing Act entitled "An Act to enable the People of Nevada to form a Constitution and State Government, and for the admission of such State into the Union 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 num ber of Representatives, to be elected in the several counties, as this day apportioned by The Governor, Chief Justice, United States Attorney, or of the Territory of Nevada, shall be as follows:

Attest:

Storey...

Lyon.
Churchill..

Ormsby.....

Washoe and Roop..

Douglas....

Esmeralda.

Humboldt.

PROCLAMATION.

Lander

Nye.....

ORION CLEMENS,

TERRITORY Of Nevada, EXECUTIVE DEPARTMENT,
CARSON CITY, May 2, 1864.

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 Nevada.

[SEAL.]

Secretary of the Territory.

No. of Delegates.

10

4

1

5

5

2

4

3

2

JAMES W. NYE, Governor of the Territory of Nevada.

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