27 July 1866

14 Stat. 305.

3.

21. That in the publication of the report of the secretary of the navy the detailed statement of offers for supplies and of articles embraced in each class under contract be Secretary to re- omitted; and in lieu thereof the secretary of the navy shall prepare and submit with his report a schedule embracing the offers by classes, indicating such as have been accepted.

port schedule of proposals.

1. Compensation of employees.

2. Pay of clerks, &c., at Mare Island.

3. Hours of labor and wages.

4. Pay of commandant at Mare Island.

14 July 1862 1. 12 Stat. 564.

Navy Yards.

5. No contributions to be collected from workingmen for political purposes.

6. Appointment of civil engineers and naval storekeepers. Master mechanics to be appointed from civil life.

1. No salaries shall be paid to any employee in any of the navy yards except to those designated in the estimates; all other persons shall receive a per diem compensation Compensation of for the time during which they were actually engaged.

employees. Ibid. § 3.

Pay of clerks, &c., at Mare Island.

16 July 1862 1. 12 Stat. 587.

Hours of labor and wages in navy yards.

3 March 1863 2 1. 12 Stat. 825.

2 March 1867 23. 14 Stat. 492.

No contributions to be collected from workingmen for political

purposes.

17 June 1868 21. 15 Stat. 69.

Appointment of civil engineers

and naval store

keepers. Master mecha

nics to be appointed from civil life.

2. The pay of the clerks of the navy yard and navy agency at Mare Island shall be as follows, viz.: one clerk to navy agent, two thousand dollars per annum; one clerk to navy agent, fifteen hundred dollars; one clerk to the commandant, fifteen hundred dollars; one clerk of the yard, fifteen hundred dollars; one clerk to the paymaster and inspector of provisions, and so forth, fifteen hundred dollars; one clerk to the naval constructor, nine hundred dollars; one clerk to the civil engineer, nine hundred dollars; one draughtsman to civil engineer, twelve hundred dollars; one steward to pay. master, seven hundred and fifty dollars. (a)

3. The hours of labor and the rate of wages of the employees in the navy yards shall conform, as nearly as is consistent with the public interest, with those of private establishments in the immediate vicinity of the respective yards, to be determined by the commandants of the navy yards, subject to the approval and revision of the secretary of the navy.

4. The pay of the officer of the navy assigned to the command of the navy yard at Mare Island, California, shall be the sea pay of his grade.

5. No officer or employee of the government shall require or request any workingman in any navy yard to contribute or pay any money for political purposes, nor shall any workingman be removed or discharged for political opinion; and any officer or employee of the government who shall offend against the provisions of this section shall be dismissed the service of the United States.

6. The civil engineer and naval storekeeper at the several navy yards shall be appointed by the president, by and with the advice and consent of the senate; and the persons employed at the several navy yards to superintend the mechanical departments, and heretofore known as master mechanics, master carpenters, master joiners, master blacksmiths, master boilermakers, master sailmakers, master plumbers, master painters, master caulkers, master masons, master boatbuilders, master sparmakers, master blockmakers, master laborers, and the superintendents of rope-walks, shall be men skilled in their several duties and appointed from civil life, and shall not be appointed from the officers of the navy.

I. ADMISSION INTO THE UNION.

19 April 1864 § 1. 1. That the inhabitants of that portion of the territory of Nebraska included in the

13 Stat. 47.

State government.

boundaries hereinafter designated, be and they are hereby authorized to form for themselves a constitution and state government, with the name aforesaid, which state when so formed, shall be admitted into the Union as hereinafter provided.

(a) By act 28 July 1866, 32, the pay of clerks of navy yards, storekeepers, is increased twenty-five per cent. Ante 448, pl. of clerks to commandants of navy yards, and of clerks to naval 140.

2. The said state of Nebraska shall consist of all the territory included within the 19 April 1864 ¿ 2. following boundaries, to wit: commencing at a point formed by the intersection of the Boundaries. western boundary of the state of Missouri with the fortieth degree of north latitude; extending thence due west along said fortieth degree of north latitude, to a point formed by its intersection with the twenty-fifth degree of longitude west from Washington; thence north along said twenty-fifth degree of longitude, to a point formed by its intersection with the forty-first degree of north latitude; thence west along said forty-first degree of north latitude, to a point formed by its intersection with the twenty-seventh degree of longitude west from Washington; thence north along said twenty-seventh degree of west longitude, to a point formed by its intersection with the forty-third degree of north latitude; thence east along said forty-third degree of north latitude, to the Reya Paha river; thence down the middle of the channel of said river, with its meanderings, to its junction with the Niobrara river; thence down the middle of the channel of said Niobrara river, and following the meanderings thereof, to its junction with the Missouri river; thence down the middle of the channel of said Missouri river, and following the meanderings thereof, to the place of beginning.

Ibid. 24.

3. 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 Conditions of the independence: And provided further, That said constitution shall provide, by an arti- constitution. ticle for ever irrevocable, without the consent of the congress of the United States: I. That slavery or involuntary servitude shall be for ever prohibited in said state.

ed.

II. That perfect toleration of religious sentiment shall be secured, and no inhabitant Slavery prohibit of said state shall ever be molested in person or property on account of his or her mode of religious worship.

dom.

Religious freeIII. That the people inhabiting said territory do agree and declare that they for ever Public lands. 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.

Ibid. 26.

Representation

4. Until the next general census shall be taken, said state of Nebraska 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 in congress. said constitution, may be elected on the same day a vote is taken for or against the proposed constitution and state government.

Ibid. 7.

5. Sections numbered sixteen and thirty-six in every township, and when such sections have been sold, or otherwise disposed of, by any act of congress, other lands equiva- School lands. lent 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.

Ibid. 28.

6. Provided the state of Nebraska shall be admitted into the Union in accordance with the foregoing provisions of this act, that twenty entire sections of the unappro- Lands for public priated public lands within said state, to be selected and located by direction of the buildings. legislature thereof, on or before the first day of January, Anno Domini 1868, 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.

Ibid. 29.

Lands for peni

7. Fifty 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 tentiary. prison, in the manner aforesaid.

Ibid. 10.

8. Seventy-two other sections of land shall be set apart and reserved for the use and support of a state university, to be selected in manner as aforesaid, and to be appro- Lands for state priated and applied as the legislature of said state may prescribe for the purpose named, university. and for no other purpose.

9. All salt springs within said state, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said state for its use, the said land to be selected by the governor thereof, within one year after the admission of the state, and when so selected to be used or disposed of on such terms, conditions and regulations as the legislature shall direct: Provided, That no salt springs or lands, the right whereof is now vested in any individual or individuals, or which hereafter shall be confirmed or adjudged to any individual or individuals, shall by this act be granted to said state.

Ibid. 11.

Salt springs.

25 Mar. 1867 1. 15 Stat. 5.

10. Five per centum of the proceeds of the sales of all public lands lying within said state, which have been or shall be sold by the United States, prior or subsequent to the admission of said state into the Union, after deducting all expenses incident to the same, shall be paid to the said state for the support of common schools.

11. From and after the admission of the said state of Nebraska 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 Nebraska.

12. That the constitution and state government which the people of Nebraska have formed for themselves be and the same is hereby accepted, ratified and confirmed; and the said state of Nebraska shall be and is hereby declared to be one of the United States of America, and is hereby admitted into the Union, upon an equal footing with the original states in all respects whatsoever.

13. The said state of Nebraska shall be and is hereby declared to be entitled to all the rights, privileges, grants and immunities, and to be subject to all the conditions and restrictions of an act entitled “An act to enable the people of Nebraska to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original thirteen states," approved April 19th 1864.

14. This act shall not take effect except upon the fundamental condition, that within the state of Nebraska there shall be no denial of the elective franchise, or of any other right, to any person, by reason of race or color, excepting Indians not taxed; and upon the further fundamental condition that the legislature of said state by a solemn public act, shall declare the assent of said state to the said fundamental condition, and shall transmit to the president of the United States an authentic copy of said act; upon receipt whereof the president, by proclamation, shall forthwith announce the fact, whereupon said fundamental condition shall be held as a part of the organic law of the state; and thereupon, and without any further proceeding on the part of congress, the admission of said state into the Union, shall be considered as complete. Said state legislature shall be convened by the territorial governor within thirty days after the passage of this act, to act upon the condition submitted herein.(a)

II. LAND OFFICES.

15. All that portion of the Omaha land district in the state of Nebraska included within the following limits, to wit: on the east, by the line dividing ranges six and seven east; on the north, by the line dividing townships twenty and twenty-one north; on the south, by the south bank of the Platte river; and on the west, by the west boundary of the state, shall constitute an additional land district, to be called the "Grand Island" district; the location of the office for which shall be designated by the president of the United States, and shall by him, from time to time, be changed as the public interest may seem to require.

16. That the president be and is hereby authorized to appoint, by and with the advice and consent of the senate, a register and a receiver for said land district, who shall be required to reside at the site of their office, have the same powers, responsibilities and emoluments, and be subject to the same acts and penalties, which are or may be prescribed by law in relation to other land officers in said state.

17. The president is hereby authorized to cause the public lands in said district, with the exception of such as may have been or may be reserved for other purposes, to be exposed to sale in the same manner and upon the same terms and conditions as other public lands of the United States: Provided, That all sales and locations made at the office of the old district of lands situated within the limits of the new district, which shall be valid and right in other respects, up to the day on which the new office shall go into operation, be and the same are hereby confirmed.

III. CIRCUIT AND DISTRICT COURTS.

18. The state of Nebraska shall hereafter constitute one judicial district, and be called the district of Nebraska; and for said district a district judge, a marshal and a district Judicial district. attorney of the United States, shall be appointed by the president, by and with the advice and consent of the senate.

Ibid. 2. 19. The said district of Nebraska shall be attached to and constitute a part of the Attached to the eight judicial circuit; and a term of the circuit court and district court of the United States for said district shall be held in the city of Omaha, in the state of Nebraska, on the first Monday of May, and on the first Monday of November, in each year.

eighth circuit. Terms.

(a) This condition is merely void: congress has no power to impose on any new state, on its admission into the Union, any restrictions or limitations not imposed on all; this would be contrary to the fundamental condition of the confederation, according to which there is to be equality of right between the old and

new states "in all respects whatever." Pollard v. Hagan, 3 How. 212. Permoli v. New Orleans, Ibid. 589. Strader v. Graham, 10 How. 82. Veazie v. Moor, 14 How. 568. Scott v. Sandford, 19 How. 395.

20. The circuit and district courts of the United States for the district of Nebraska, 25 March 1867 § 3. and the judges thereof respectively, shall possess the same powers and jurisdiction and Jurisdiction of perform the same duties possessed and performed by the other circuit and district courts the courts. and judges of the United States, and shall be governed by the same laws and regulations.

21. The district judge appointed for the district of Nebraska shall receive as his Ibid. 4. compensation the sum of thirty-five hundred dollars a year, payable in four equal salary of district instalments, on the first days of January, April, July and October of each year.

judge.

Ibid 5.

22. The marshal and district attorney of the United States, and clerk of the circuit and district courts, for the said district of Nebraska, shall severally possess the powers Fees of officers. and perform the duties lawfully possessed and performed by similar officers in other districts of the United States; and shall, for the services they may perform, receive the fees and compensation allowed by the act entitled "An act to regulate the fees and costs to be allowed clerks, marshals and attorneys of the circuit and district courts of the United States, and for other purposes," approved February 26th 1853.

Ibid. § 6.

23. All cases of appeal or writ of error, heretofore prosecuted, and now pending in the supreme court of the United States, upon any record from the supreme court of the Jurisdiction in territory of Nebraska, or which may hereafter be prosecuted from said court, as herein pending causes. allowed, may be heard and determined by the supreme court of the United States, and the mandate of execution or of further proceedings shall be directed by the supreme court of the United States to the circuit or district court of the United States for the district of Nebraska, or to the supreme court of the state of Nebraska, as the nature of said appeal or writ of error may require; and each of these courts shall be the successor of the supreme court of Nebraska territory as to all such cases, with full power to hear and determine the same, and to award mesne or final process thereon. And from all judgments and decrees of the supreme court of the territory of Nebraska, prior to its admission as a state, the parties to said judgments and decrees shall have the same right to prosecute appeals and writs of error to the federal courts, as they had under the laws of the United States, prior to the admission of said state of Nebraska into the union. 24. Until a judge for said district of Nebraska shall be duly appointed, the district judge of the United States for the district of Iowa shall act as the district judge of Judge of Iowa to Nebraska, and shall have and exercise the same jurisdiction and power in the district act until appointhereby created as he has in the district of Iowa.

Ibid. 7.

ment.

13 Stat. 30.

1. That the inhabitants of that portion of the territory of Nevada, included in the 21 Mar. 1864 è 1. 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 governstate when formed shall be admitted into the Union, upon an equal footing with the original states, in all respects whatsoever. (a)

ment.

Ibid. ? 2.

2. The said state of Nevada shall consist of all the territory included within the following boundaries, to wit: commencing at a point formed by the intersection of the Boundaries. thirty-eighth degree of longitude west from Washington with the thirty-seventh degree of north latitude; thence due west, along said thirty-seventh degree of north latitude, to the eastern boundary line of the state of California; thence in a northwesterly direction along the said eastern boundary line of the state of California, to the forty-third degree of longitude west from Washington; thence north along said forty-third degree of west longitude and said eastern boundary line of the state of California, to the forty(a) The 3d section provided for the calling of a convention to issue his proclamation declaring Nevada a state of the Union, adopt a constitution, and the 5th for its submission, when formed, which has been done. to a vote of the people; on its adoption, the president was to

21 March 1864. 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. (a)

Ibid. 24.

3. Provided, That the constitution when formed shall be republican, and not repugConditions of the nant 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

constitution.

Slavery prohibited.

Religious freedom.

Public lands.

Ibid. 6. Representation in congress.

Ibid. 7. School lands.

Lands for public buildings.

state:

I. 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.

II. 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.

III. That the people inhabiting said territory do agree and declare that they for ever 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.

4. 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.

5. 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.

6. Provided the state of Nevada shall be admitted into the Union, in accordance with the foregoing provisions of this act, 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 1868, 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.(b) 7. Twenty other entire sections of land as aforesaid, to be selected and located as Lands for peni- aforesaid, in legal subdivisions as aforesaid, thall 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.

Ibid. 29.

tentiary.

Ibid. 10.

Five per cent. of proceeds of pub

lic lands for improvements.

Ibid. 11.

Laws of the
United States.

5 May 1868 1. 14 Stat. 43.

Boundaries enlarged.

Ibid. 2.

ment.

8. Five per centum 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.

9. 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.

10. As provided for and consented to in the constitution of the state of Nevada, all that territory and tract of land adjoining the present eastern boundary of the state of Nevada, and lying between the thirty-seventh and the forty-second degrees of north latitude and west of the thirty-seventh degree of longitude west of Washington, is hereby added to and made a part of the state of Nevada.

11. There is hereby added to and made a part of the state of Nevada all that extent Further enlarge of territory lying within the following boundaries, to wit: commencing on the thirtyseventh degree of north latitude, at the thirty-seventh degree of longitude west from Washington; and running thence south, on said degree of longitude, to the middle of the river Colorado of the West; thence down the middle of said river, to the eastern boundary of the state of California; thence northwesterly along said boundary of California, to the thirty-seventh degree of north latitude; and thence east, along said (a) Boundaries enlarged, infra 10-11. (b) See infra 16-18.