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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.]
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 sent to the President of the United States, to within the following limits, to wit:- Begin- be included within the said Territory, or to ning at the point of intersection of the forty- affect the authority of the Government of the second degree of north latitude with the United States to make any regulations respectthirty-ninth degree of longitude west from ing such Indians, their lands, property, or other Washington; thence running south on the rights, by treaty, law, or otherwise, which it line of said thirty-ninth degree of west longi- would have been competent for the Governtude, until it intersects the northern boundary ment to make if this Act had never passed; line of the Territory of New Mexico; thence provided, further, that nothing in this Act condue west to the dividing ridge separating the tained shall be construed to inhibit the Governwaters of Carson Valley from those that flow ment of the United States from dividing said into the Pacific; thence on said dividing ridge Territory into two or more Territories, in such northwardly to the forty-first degree of north manner and at such times as Congress shall latitude; thence due north to the southern deem convenient and proper, or from attaching boundary line of the State of Oregon; thence any portion thereof to any other Territory or due east to the place of beginning-be, and State. 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. I 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 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 | day as the Governor shall appoint; but thereto fill such vacancy.
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 Coun- · cil 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 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
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, SEC. 5. And be it further enacted. That every 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 holding office shall be exercised only by and of the House of Representatives shall re- citizens of the United States, and those who side in, and be inhabitants of the district for shall have declared on oath their intention to which they may be elected, respectively. Pre- become such, and shall have taken an oath to vious to the first election, the Governor shall support the Constitution of the United States. cause a census or enumeration of the inhabitSEC. 6. And be it further enacted, That the
SEC. 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. 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
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 not have jurisdiction of any matter in controdifferent kinds of property; but all property versy when the title of boundaries of land may subject to taxation shall be in proportion to be in dispute, or where the debt or sum claimed the value of the property taxed. shall exceed 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, 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 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 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 respectiv Judges thereof, shall and may grant writs of
all other officers.
SEC. 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. 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. 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
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.
States in the District of Columbia; and the | in said Territory, before they act as such, shall first six days of every term of said Courts, or take a like oath or affirmation before the said so much thereof as shall be necessary, shall be Governor or Secretary, or some Judge or Jusappropriated to the trial of causes arising un- tice of the Peace of the Territory, who may be der the said Constitution and laws; and writs duly commissioned and qualified, which said of error and appeals in all such cases shall be oath or affirmation shall be certified and transmade to the Supreme Court of said Territory mitted by the person taking the same to the the same as in other cases. The said Clerk Secretary, to be by him recorded as aforesaid ; shall receive, in all such cases, the same fees and afterwards, the like oath or affirmation which the Clerks of the District Courts of Utah shall be taken, certified, and recorded in such Territory now receive for similar services. 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 from the said session, estimated according fees, as the Marshal of the District Court of the to the nearest usually traveled route. There United States for the present Territory of Utah, shall be appropriated annually the sum of and shall, in addition, be paid two hundred one thousand dollars, to be expended by the dollars annually as a compensation for extra Governor, to defray the contingent expenses of services. 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 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 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.
SEC. 12. And be it further enacted, That the Legislative Assembly of the Territory of Nevada 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