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 :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, whereof the party shall have been duly convicted.

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.

Third. That the people inhabiting said Territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said Territory, and that the same shall be and remain at the sole and entire disposition of the United States; and that the lands belonging to citizens of 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. 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

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

the United States, which Representative, together with the Governor and State and other 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 township, and where such sections have been sold or otherwise disposed of by any Act of Congress, other lands equivalent thereto in legal subdivisions of not less than one quarter section, and as contiguous as may be, shall be, and are hereby, granted to said State for the support of common schools.

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. 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.

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."

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 Be it enacted by the Senate and House of Reppurpose of making and improving public roads, constructing ditches or canals, to effect a gen-resentatives of the United States of America in eral system of irrigation of the agricultural Congress assembled, That so much of the fifth land in the State, as the Legislature shall direct. section of the Act to which this Act is an SEC. 11. And be it further enacted, That from amendment as provides by ordinance for suband after the admission of the said State of mitting the Constitution to the people of said Nevada into the Union, in pursuance of this State, for their ratification or rejection, at an Act, the laws of the United States, not locally election to be held on the second Tuesday of inapplicable, shall have the same force and October, be so amended as to read "on the first effect within the said State as elsewhere within Wednesday of September," and that the electhe United States, and said State shall consti- tion for the purposes aforesaid be held on that tute one judicial district, and be called the Dis-day instead of the second Tuesday of October. APPROVED, May 21, 1864.

trict of Nevada.

APPROVED, March 21, 1864.

PROCLAMATION.

TERRITORY OF NEVADA, EXECUTIVE DEPARTMENT,
CARSON CITY, May 2, 1864.

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, reg-. ulating 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 he Governor, Chief Justice, United States Attorney, or of the Territory of Nevada, shall be as follows:

In testimony whereof, I 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.

ABSTRACT OF VOTE BY COUNTIES FOR AND AGAINST THE CONSTITUTION

The foregoing does not embrace the vote of Lander County, as it was not certified to the Board of Canvassers in time to be considered. There was no material difference in the vote, however, and consequently it could not have changed the result.

C. N. NOTEWARE,

Secretary of State.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

WHEREAS, the Congress of the United States passed an Act, which was approved on the 21st day of March last, 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 :"

And whereas, the said Constitution and State Government have been formed, pursuant to the conditions prescribed by the fifth section of the Act of Congress aforesaid, and the certificate required by the said Act, and also a copy of the Constitution and ordinances, have been submitted to the President of the United States:

Now, therefore, be it known, that I, ABRAHAM LINCOLN, President of the United States, in accordance with the duty imposed upon me by the Act of Congress aforesaid, do hereby declare and proclaim that the said State of Nevada is admitted into the Union on an equal footing with the original States.

In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.

Done at the city of Washington this thirty-first day of October, in the year of our Lord one [L. S.] thousand eight hundred and sixty-four, and of the independence of the United States

the eighty-ninth.

By the President:

WILLIAM H. SEWARD, Secretary of State.

ABRAHAM LINCOLN.