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


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

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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 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 Nevada ; provided, that so much of the terri- said Territory of Nevada shall be vested in a tory 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 notbing 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 Asunextinguished 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 cach 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 dirring 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-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

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