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Code · STATUTES-AT-LARGE · Vol. 13 STAT. · April 19, 1864 · Chapter LIX

Chapter LIX. *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 States.* April 19, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemble

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Chap. LIX.— An Act *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 States.* April 19, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * That the inhabitants of that portionNebraska territory made a state. of the territory of Nebraska included in the 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.
Sec. 2. *And be it further enacted,* That the said state of NebraskaBoundaries. shall consist of all the territory included within the following boundaries, to wit: Commencing at a point formed by the intersection of the 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.
Sec. 3. *And be it further enacted,* That all persons qualified by law toWho may vote and who be elected to office. vote for representatives to the general assembly of said territory shall 48THIRTY-EIGHTH CONGRESS. Sess. I. Ch. 59. 1864.Convention to form constitution.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 Enlisted citizens.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 Apportionment of representatives to form convention.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 may 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 representatives, how conducted.election of the representatives 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;
Number.and the number of members to said convention shall be the same us now constitute both brandies of the legislature of the aforesaid territory. Sec. 4. *And be it further enacted, * That the members of the convention Meeting of 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 people of said territory, that they adopt the constitution of the United States; May form constitution.Proviso.whereupon the said convention shall be, and it is hereby, authorized to form a constitution and state government; *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 constitution shall provide, by an article forever irrevocable, without the consent of the Congress of the United States:
Slavery prohibited.First. That slavery or involuntary servitude shall be forever prohibited in said state. Religious toleration.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. Unappropriated public lands.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 Taxes.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. Constitution to be submitted to popular vote. *And be it further enacted,* That in ease a constitution and state government shall be formed for the people of said territory of Nebraska, in compliance with the provisions of this act, that aid 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 Proceedings.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 proscribed therein, at which election the qualified voters, as hereinbefore provided, 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, together with the United States district attorney and chief 49justice of the said territory, or any two of them, shall canvass the same, and if a majority of legal votes shall be east for said constitution in said proposed state, the said acting governor shall certify the same to the President of the United States, together wish a copy of said constitutionProclamation by the President declaring the state admitted. 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 censusOne representative in Congress. 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 providedElection of, and of state officers. 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 andSchool lands. thirty-six in every township, and when 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 (he support of common schools. Sec. 8. *And be it further enacted,* That provided the state of NebraskaLands for public buildings; 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 fifty other entire sections offor buildings for penitentiary; 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 seventy-two other sections offor State University. 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 appropriated and applied as the legislature of said state may prescribe for the purpose named, and for no other purpose.
Sec. 11. *And be it further enacted,* That all salt springs within saidSalt springs. 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 dis-posed of on such terms, conditions, and regulations as the legislature shall direct: *Provided,* That no salt spring or lands, the right whereof isProviso. 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.
Sec. 12. *And be it further enacted,* That five per centum of the proceedsFive per cent, of sales of certain public lands to go for support of common schools. 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. Sec. 13. *And be it further enacted,* That from and after the admissionLaws of United States made applicable. of the said state of Nebraska into the Union in pursuance of tins act, the laws of the United States, not locally inapplicable, shall have the same 50THIRTY-EIGHTH CONGRESS.
Sess. I. Ch. 60. 1864.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. Sec. 14. Expenses of convention. *And be it further enacted,* That any unexpended balance of the appropriations for said territorial legislative expenses of Nebraska remaining for the fiscal years eighteen hundred and sixty-three and eighteen hundred and sixty-four, or so much thereof as may be necessary, shall be applied to and used for defraying the expenses of said convention and for the payment of the members thereof, under the same rules, regulations, and rates as are now provided by law for the payment of the territorial legislature.
Approved, April 19, 1864. Chapter LX: in Addition to “An Act for the Establishment of certain Arsenals. 13 Stat. 50 1864-04-19 Chapter LX Little, Brown and Company text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Digitization Vendor 2026-01-27 38 2 public
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Chapter LIX
*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 States.* April 19, 1864. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemble
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