ties.

in the office of the Secretary of the Treasury, belonging to that depart-Salary and dument, as shall be prescribed by the Secretary of the Treasury, or as may be required by law; and the sum of two thousand dollars, or so much thereof as may be found necessary, be, and the same is hereby, appropriated, out of any money in the treasury not otherwise appropriated, for the payment of said salary for the current fiscal year.

West.

SEC. 4. And be it further enacted, That there be appropriated, to sup- Coal, &c., wharf at Key ply deficiencies for repair of the coal- and landing-wharf at Key West, to erect a crane thereon, and to cover the extension of the machine-shop at that point, ten thousand dollars.

SEC. 5. And be it further enacted, That there be appropriated, for pay- Letter-carriers. ment of letter-carriers to July first, eighteen hundred and sixty-four, to be paid out of the revenues of the post-office department, one hundred and fifty thousand dollars.

SEC. 6. And be it further enacted, That in addition to the clerical force now authorized by law, the following clerks and employees are hereby authorized in the several departments and offices hereinafter specified, to be employed and continue only during the rebellion, and for one year after its close, viz:

In the office of the Secretary of the Treasury, one clerk of class four, one of class three, eight of class two, and fourteen of class one.

In the construction branch of the treasury, one superintending architect, one assistant architect, two clerks of class four, four of class three, two of class one, and one messenger at an annual salary of six hundred dollars.

In the first comptroller's office, five clerks of class four, and one clerk of class four substituted for one of class one.

Additional clerks.

Office of Secretary of Treasury.

troller.

In the second comptroller's office, five clerks of class four, six of class three, ten of class two, and fifteen of class one.

In the first auditor's office, two clerks of class four, and one of class two.

First comp

In the second auditor's office, fifteen clerks of class three, fifty of class two, and one hundred and forty of class one, and one clerk at nine hun- tor. dred dollars per annum.

In the third auditor's office, two clerks of class four, two of class three, five of class two, twenty-four of class one, and one messenger at a salary of seven hundred dollars per annum, and two laborers at an annual salary of six hundred dollars each.

In the fourth auditor's office, five clerks of class four, nine of class three, nine of class two, thirty-five of class one, and one laborer at an annual salary of six hundred dollars.

In the fifth auditor's office, one clerk of class four, to be substituted for one of class three.

In the treasurer's office, four clerks of class four, two of class three, seventeen of class two, and six of class one.

In the register's office, four clerks of class four, six of class three, six of class two, eight of class one, and one messenger at a salary of seven hundred dollars per annum.

tor.

Second audi

Third auditor.

Fourth audi

Fifth auditor.

Treasurer's

office.

Register.

In the office of the commissioner of customs, one clerk of class three, Commissioner three of class two, and four of class one.

In the office of the Secretary of the Navy, two clerks of class four. In the office of the adjutant-general, two clerks of class four, eight of class three, nineteen of class two, and seventy-four of class one.

of customs.

Secretary of Navy.

Adjutant-gen

eral.

In the office of the quartermaster-general, fifteen clerks of class three, Quartermasterthirty-five of class two, one hundred and ten of class one, and six labor- general. ers at an annual salary of six hundred dollars each.

In the paymaster-general's office, nine clerks of class three, twenty- Paymastersix of class two, seventy-five of class one, three messengers at an annual general. salary of eight hundred and forty dollars each, and four watchmen at an annual salary of six hundred dollars each.

Voting and

returns.

Representative in congress.

School lands.

Land for public buildings;

for penitentiary building.

Five per cent.

lands for roads,

&c.

vote directly for or against the proposed constitution, and the returns of said election shall be made to the acting governor of the territory, who, with the United States district-attorney and chief justice of said terri tory, or any two of them, shall canvass the same, and if a majority of legal votes shall be cast for said constitution in said proposed state, the said acting governor shall certify the same to the President of the United States, together with a copy of said constitution and ordinances; whereupon it shall be the duty of the President of the United States to issue his proclamation declaring the state admitted into the Union on an equal footing with the original states, without any further action whatever on the part of congress.

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 representative in the house of representatives of 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 penitentiary or state prison in the manner aforesaid.

SEC. 10. And be it further enacted, That five percentum of the proof sales of public ceeds 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 purpose of making and improving public roads, constructing ditches or canals, to effect a general system of irrigation of the agricultural land in the state, as the legislature shall direct.

Laws of the United States made applicable.

Judicial dis

trict.

SEC. 11. And be it further enacted, That from and after the admission of the said state of Nevada into the Union, in pursuance of this act, the laws of the United States, not locally inapplicable, shall have the same force and effect within the said state as elsewhere within the United States, and said state shall constitute one judicial district, and be called the district of Nevada.

APPROVED, March 21, 1864.

March 21, 1864. CHAP. XXXVII. — An Act to enable the People of Colorado 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.

Territory of Colorado made a

state, &c.

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 Colorado 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.

SEC. 2. And be it further enacted, That the said state of Colorado Boundaries. shall consist of all the territory included within the following boundaries, to wit: Commencing at a point formed by the intersection of the thirtyseventh degree of north latitude with the twenty-fifth degree of longitude west from Washington; extending thence due west along said thirtyseventh degree of north latitude to a point formed by its intersection with the thirty-second degree of longitude west from Washington; thence due north along said thirty-second degree of west longitude to a point formed by its intersection with the forty-first degree of north latitude; thence due east along said forty-first degree of north latitude to a point formed by its intersection with the twenty-fifth degree of longitude west from Washington; thence due south along said twenty-fifth degree of west longitude.

Who may vote

Enlisted soldiers.

Apportionment

tives.

SEC. 3. And be it further enacted, That all persons qualified by law to vote for representatives to the general assembly of said territory, at at first elections. the date of the passage of this act, shall be qualified to be elected; and they are hereby 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 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 United States, they shall be permitted to vote at their place of service, under the rules and regulations in each case to be prescribed, as aforesaid. And the aforesaid representatives to form the aforesaid convention shall be apportioned among the several counties in said territory in proportion to the population, as near as of representamay be; and said apportionment shall be made for said territory by the governor, United States district-attorney, and chief justice thereof, or any two of them. And the governor of said territory shall, by proclamation on or before the first Monday of May next, order an election of the representatives aforesaid, to be held on the first Monday in June thereafter throughout the territory; and such election shall be conducted election, &c. 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 members of the convention, thus elected, shall meet at the capital of said territory on the first Monday in July next, and, after organization, shall declare, on behalf of the state constitution. people of said territory, that they adopt the constitution of the United States; whereupon the said convention shall be, and it is hereby, authorized to form a constitution and state government for said territory: Provided, That the constitution, when formed, shall be republican, and not repugnant to the constitution of the United States and the principles of the Declaration of Independence: And provided, further, That said convention shall provide, by an ordinance, 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, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted.

Time of first

Meeting of convention to form

Proviso.

Second. That perfect toleration of religious sentiment shall be secured, Religious toler

Unappropriated public lands.

Taxes.

Constitution to be submitted to popular vote.

1864, ch. 135. Post, p. 137.

turns.

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 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 Colorado, 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 Voting and re- new state shall vote directly for or against the proposed constitution; and the returns of said elections shall be made to the acting governor of the territory, who, with the United States district-attorney and chief justice of the said territory, or any two of them, shall canvass the same, and if a majority of legal votes shall be cast for said constitution in said proposed state, the said acting governor shall certify the same to the President of the United States, together with a copy of said constitution and ordinances to that effect; whereupon it shall be the duty of the President of the United States to issue his proclamation declaring the state admitted into the Union on an equal footing with the original states, without any further action whatever on the part of congress.

Representative in congress.

School lands.

Lands for public buildings;

for penitentiary building.

Five per cent. of sales of public

SEC. 6. And be it further enacted, That until the next general census shall be taken said state of Colorado shall be entitled to one representative in the house of representatives of 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 numbered 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 Colorado 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 subdvisions 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 penitentiary or state prison in the manner aforesaid.

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 purpose of making and improving public roads, constructing ditches or canals, to effect a general system of irrigation of the agricultural land in the state, as the legislature shall direct. SEC. 11. And be it further enacted, That from and after the admission of the said state of Colorado into the Union, in pursuance of this act, United States made applicable. the laws of the United States not locally inapplicable shall have the same force and effect within the said state as elsewhere within the United States, and said state shall constitute one judicial district, and be called the district of Colorado.

APPROVED, March 21, 1864.

CHAP. XXXVIII.

- An Act amendatory of the Homestead Law, and for other Purposes.

Be it enacted by the Senate and House of Representatives of the

Laws of the

Judical district.

March 21, 1864.

Persons in mil

United States of America in Congress assembled, That in case of any itary or naval

make affidavit

1862, ch. 75.

person desirous of availing himself of the benefits of the homestead act service claiming of twentieth of May, eighteen hundred and sixty-two, but who, by rea- benefits of homeson of actual service in the military or naval service of the United stead act, may States, is unable to do the personal preliminary acts at the district land- before whom. office which the said act of twentieth May, eighteen hundred and sixtytwo, requires, and whose family or some member thereof, is residing on the land which he desires to enter, and upon which a bona fide improve- Vol. xii. p. 392. ment and settlement have been made, it shall and may be lawful for such person to make the affidavit required by said act before the officer commanding in the branch of the service in which the party may be engaged, which affidavit shall be as binding in law, and with like penalties, as if taken before the register or receiver; and upon such affidavit being filed with the register by the wife or other representative of the party, the same shall become effective from the date of such filing, provided the said application and affidavit are accompanied by the fee and commissions, as required by law.

Commissions to

isters.

SEC. 2. And be it further enacted, That besides the ten-dollar fee exacted by the said act, the homestead applicant shall hereafter pay to receivers and regthe register and receiver each, as commissions, at the time of entry, one per centum upon the cash price as fixed by law, of the land applied for, and like commissions when the claim is finally established and the certificate therefor issued as the basis of a patent.

SEC. 3. And be it further enacted, That in any case hereafter in which the applicant for the benefit of the homestead, and whose family or some member thereof, is residing on the land which he desires to enter, and upon which a bona fide improvement and settlement have been made, is prevented, by reason of distance, bodily infirmity, or other good cause, from personal attendance at the district land-office, it shall and may be lawful for him to make the affidavit required by the original statute before the clerk of the court for the county in which the applicant is an actual resident, and to transmit the same, with the fee and commissions, to the register and receiver.

Certain persons may make affidacourt.

vit before clerk of

Fees of registers and receivers claims. in preemption

SEC. 4. And be it further enacted, That in lieu of the fee allowed by the twelfth section of the preemption act of fourth September, eighteen hundred and forty-one, the register and receiver shall each be entitled to one dollar for their services in acting upon preemption claims, and shall 1841, ch. 16, be allowed, jointly, at the rate of fifteen cents per hundred words for the § 12. testimony which may be reduced by them to writing for claimants, in establishing preëmption or homestead rights, the regulations for giving proper effect to the provisions of this act to be prescribed by the commissioner of the general land-office.

SEC. 5. And be it further enacted, That where a preëmptor has

Vol. v. p. 456.