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.

SEC. 3. And be it further enacted, That 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.

shall be held at such time and places, and 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 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, 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 inhabit

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

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 all other officers.

Districts, and a District Court shall be held in each of said districts by one of the Justices of the Supreme Court, at such time and place ag 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 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 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

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. The Governor shall receive an annual salary 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 a 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 receive three dollars each per day during their attendance at the session thereof, and three dollars for every twenty miles' travel in going to and returning 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. 10. And be it further enacted, That 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 regula 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.

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.

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 elect 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 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.

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. 16. And be it further enacted, That the

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. 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.

CHAP. XXXVI.—An Act to enable the People of persons qualified by law to vote for representaNevada 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 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.

tives 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 SEC. 2. And be it further enacted, That the United States, they shall be permitted to vote said State of Nevada shall consist of all the at their place of service, under the rules and 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 of the State of California to the forty-second degree of north latitude; thence due east along the said forty-second degree of north latitude to a point formed by its intersection with the aforesaid thirty-eighth degree of longitude west from Washington; thence due south down said thirty-eighth degree of west longitude to the place of beginning.

SEC. 3. And be it further enacted, That all

aforesaid, to be held on the first Monday in June thereafter throughout the Territory, and such election shall be conducted in the same manner as is prescribed by the laws of said Territory regulating elections therein for members of the House of Representatives, and the number of members to said Convention shall be the same as now constitute both branches of the Legislature of the aforesaid Territory.

SEC. 4. And be it further enacted, That the