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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 bis sincere thanks to all the members of the Convention for their cordial and friendly coöperation.


Official Reporter. SAN FRANCISCO, Cal., November, 1866.



An Act to Organize the Territory of Nevada.

(Approved March 2, 1861.]

Be it enacted by the Senate and Ilouse of Rep- territory shall be excepted out of the boundaresentatives 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 Sec. 2. And be it further enacted, That the Government, by the name of the Territory of Executive power and authority in and over Nerada; provided, that so much of the terri- said Territory of Nevada shall be vested in a fory within the present limits of the State of Governor, who shall hold his office for four California, shall not be included within this years, and until his successor shall be appointed Territory until the State of California shall and qualified, unless sooner removed by the assent to the same, by an act irrevocable with- President of the United States. The Governor out the consent of the United States ; provided, shall reside within said Territory, shall be comfurther, that nothing in this Act contained shall mander-in-chief of the militia thereof, shall be construed to impair the rights of person or perform the duties and receive the emoluments property now pertaining to the Indians in said of Superintendent of Indian Affairs, and shall Territory, so long as such rights shall remain approve all laws passed by the Legislative Asanextinguished by treaty between the United sembly before they shall take effect; he may States and such Indians, or to include any ter- grant pardons for offenses against the laws of ritory which, by treaty with any Indian tribe, said Territory, and reprieves for offenses against is not, without the consent of said tribe, to be the laws of the United States, until the decision included within the territorial limits or juris- of the President can be made known thereon ; diction of any State or Territory; but all such 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, Sec. 5. And be it further enacted. That every which may be increased to twenty-six, possess- tree 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 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 Honse 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 inhabit- 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 rightsul 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 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 ad. the Judge thereof, shall appoint its Clerk, who vice and consent of the Legislative Council, shall also be the Register in Chancery, and appoint all officers not herein otherwise pro- shall keep his office at the place where the vided for: and, in the first instance, the Gov- Court may be held. Writs of error, bills of ernor alone may appoint all said officers, who exception, and appeals, shall be allowed in all shall hold their offices until the end of the first cases from the final decisions of said District session of the Legislative Assembly, and shall Courts to the Supreme Court, under such regulay off the necessary districts for members of lations as may be prescribed by law; but in no the Council and House of Representatives, and case removed to the Supreme Court shall trial all other officers.

by jury be allowed in said Court. The SuSEC. 8. And be it further enacted, That no preme Court, or the Justices thereof, shall apmember of the Legislative Assembly shall hold point its own Clerk, and every Clerk shall hold or be appointed to any office which shall have his office at the pleasure of the Court for which been created, or the salary or emoluments of he shall have been appointed. Writs of error which shall have been increased while he was and appeals from the final decisions of said a member, during the term for which he was Supreme Court shall be allowed, and may be elected, and for one year after the expiration taken to the Supreme Court of the United of such term ; and no person holding a com- States, in the same manner and under the same mission or appointment under the United States, regulations as from the Circuit Courts of the except Postmasters, shall be a member of the United States, where the value of the property, Legislative Assembly, or shall hold any office or the amount in controversy, to be ascertained under the Government of said Territory.

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, sball 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 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 appropriSec. 11. And be it further enacted, That the ated annually a sufficient sum, to be expended Governor, Secretary, Chief Justice, and Asso- by the Secretary of the Territory, and upon an ciate Justices, Attorney, and Marshal, shall be estimate to be made by the Secretary of the nominated, and, by and with the advice and Treasury of the United States, to defray the consent of the Senate, appointed by the Presi- expenses of the Legislative Assembly, the printdent of the United States. The Governor and ing of the laws, and other incidental expenses ; Secretary, to be appointed as aforesaid, shall, and the Secretary of the Territory shall annubefore they act as such, respectively take an ally account to the Secretary of the Treasury oath or affirmation before the District Judge, of the United States for the manner in which or some Justice of the Peace in the limits of the aforesaid sum shall have been expended. 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 sball 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.

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