16 May 1866. Ibid. 2. Present laws extended thereto. Ibid. 23. For what amount grains to each piece; and the shape, mottoes and devices of said coin shall be determined by the director of the mint, with the approval of the secretary of the treasury. And the laws now in force relating to the coinage of cents, and providing for the purchase of material, and prescribing the appropriate duties of the officers of the mint and the secretary of the treasury, be and the same are hereby extended to the coinage herein provided for. 13. All laws now in force relating to the coins of the United States, and the striking and coining of the same, shall, so far as applicable, be extended to the coinage herein authorized, whether said laws are penal or otherwise, for the security of the coin, regulating and guarding the process of striking and coining, for preventing debasement or counterfeiting, or for any other purpose. And the director of the mint shall prescribe suitable regulations to insure a due conformity to the required weights and proportions of alloy in the said coin, and shall order trials thereof to be made from time to time by the assayer of the mint, whereof a report shall be made in writing to the director. 14. Said coin shall be a legal tender in any payment to the amount of one dollar. And it shall be lawful to pay out such coins in exchange for the lawful currency in the to be a legal ten- United States (except cents or half cents, or two-cent pieces, issued under former acts der. Ibid. 24. of congress), in suitable sums, by the treasurer of the mint, and by such other depositaries as the secretary of the treasury may designate, and under general regulations approved by the secretary of the treasury; and under the like regulations the same may be exchanged in suitable sums for any lawful currency of the United States. And the expenses incident to such exchange, distribution and transmission may be paid out of the profits of said coinage; and the net profits of said coinage, as ascertained in the manner prescribed in the second section of the act entitled "An act relating to foreign coins and the coinage of cents at the mint of the United States," approved February 21st 1857, (a) shall be transferred to the treasury of the United States: Provided, That from and after the passage of this act, no issues of fractional notes of the United States shall be of a less denomination than ten cents; and all such issues at that time outstanding shall, when paid into the treasury or any designated depository of the United States, or redeemed or exchanged as now provided by law, be retained and cancelled. 15. If any person or persons not lawfully authorized shall knowingly make, issue or pass, Penalty for issu- or cause to be made, issued or passed, or aid in the making, issuing or passing of any ing imitations thereof, &c. Ibid. 2 5. coin, card, token or device whatsoever, in metal or its compound, intended to pass or be passed as money for the coin authorized by this act, or for coin of equal value, such person or persons shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by a fine not exceeding one thousand dollars, and by imprisonment for a terın not exceeding five years, at the discretion of the court. 16. It shall be lawful for the treasurer and the several assistant treasurers of the United States to redeem in national currency, under such rules and regulations as may may be redeemed be prescribed by the secretary of the treasury, the coin herein authorized to be issued, Treasury notes in such coin. 3 March 1861 2 1. 12 Stat. 207. when presented in sums of not less than one hundred dollars. II. FOREIGN COINS CURRENT IN THE UNITED STATES. 17. That the new silver florin of Austria shall, in all computations at the customhouse, be estimated at forty-six cents and nineteen hundreths of a cent.(6) 21 Mar. 1864 2 1. 13 Stat. 32. Inhabitants authorized to form a state government. 8. Five per cent. of proceeds of public lands for improvements. 9. Laws of the United States extended over Colorado. Judicial district. II. LANDS AND LAND OFFICES. 10. Surveyor-general. 11. Pre-emption rights. 12. Colorado district. Register and receiver. I. ADMISSION INTO THE UNION. 1. 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. (a) 1 vol. 156, pl. 40. (b) The proviso to the 61st section of the act 2 March 1799 (1 vol. 154, pl. 22) is not repealed by the act 22 May 1846 (1 vol. 156, pl. 38). Grant v. Maxwell, 2 Blatch. C. C. 220. But in order to obtain the benefit of it, the party must produce the evidence prescribed by the treasury regulations. Dutilh v. Maxwell, Ibid. 541. And see Craig v. Maxwell, Ibid. 545. Dutilh v. Maxwell, Ibid. 548. Fiedler v. Maxwell, Ibid. 552. Reynolds v. Maxwell, Ibid. 555. Alsop v. Maxwell, Ibid. 557. Alsop v. Maxwell, 3 Blatch. C. C. 399. 2. The said state of Colorado shall consist of all the territory included within the 21 Mar. 1864 2 2. following boundaries, to wit: commencing at a point formed by the intersection of the Boundaries. thirty-seventh degree of north latitude with the twenty-fifth degree of longitude west from Washington; extending thence due west along said thirty-seventh 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. 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 convention shall provide, by an ordi- constitution. nance irrevocable, without the consent of the United States and the people of said 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 Religious freeof said state shall ever be molested in person or property on account of his or her mode dom. of religious worship. III. 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. 2 6. 4. 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 repre- Representation sentative, together with the governor and state and other officers provided for in said in congress. 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. Ibid. 27. School lands. Ibid. 8. 6. 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 unappro- Lands for public priated public lands within that 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. 7. 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 Lands for penistate, for the purpose of erecting a suitable building for a penitentiary or state prison in tentiary. the manner aforesaid. lic lands for im 8. Five per centum of the proceeds of the sales of all public lands lying within said Ibid. 10. state, which shall be sold by the United States, subsequent to the admission of said state Five per cent. of into the Union, after deducting all the expenses incident to the same, shall be paid to proceeds of pubthe said state for the purpose of making and improving public roads, constructing provements. ditches or canals, to effect a general system of irrigation of the agricultural land in the state, as the legislature shall direct. Ibid. 11. 9. From and after the admission of the said state of Colorado into the Union, in pursuance of this act, the laws of the United States not locally inapplicable shall have the Laws extended. 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. II. LANDS AND LAND OFFICES. Judicial district. 10. The president of the United States, by and with the advice and consent of the 28 Feb. 1861 2 17 senate, shall be and he is hereby authorized to appoint a surveyor-general for Colorado, who shall locate his office at such place as the secretary of the interior shall from time Surveyor-geneto time direct, and whose duties, powers, obligations, responsibilities, compensation and 12 Stat. 176. ral. 28 Feb. 1861. 2 June 1862 2 1. 12 Stat, 413. Pre-emption rights. Ibid. 22. Colorado land district. Register and receiver. allowances for clerk hire, office rent, fuel and incidental expenses, shall be the same as those of the surveyor-general of New Mexico, under the direction of the secretary of the interior, and such instructions as he may from time to time deem it advisable to give him. 11. All the lands belonging to the United States to which the Indian title has been or shall be extinguished, shall be subject to the operations of the pre-emption act of the 4th of September 1841, and under the conditions, restrictions and stipulations therein mentioned: Provided, however, That when unsurveyed lands are claimed by pre-emption, notice of the specific tracts claimed, shall be filed, within six months after the survey has been made in the field; and on failure to file such notice, or to pay for the tract claimed within twelve months from the filing of such notice, the parties claiming such lands shall forfeit all right thereto; provided said notices may be filed with the surveyorgeneral, and to be noted by him on the township plats, until other arrangements have been made by law for that purpose. 12. The public lands within the territory of Colorado to which the Indian title is or shall be extinguished, shall constitute a new land district, to be called the Colorado district; and the president is hereby authorized to appoint, by and with the advice and consent of the senate, a register and receiver of public moneys for said district, who shall be required to reside at the place at which said office shall be located; and they shall have the same powers, perform the same duties and be entitled to the same compensation, as are or may be prescribed by law in relation to land offices of the United States in the state of Kansas. 2 Mar. 1861 29. 12 Stat. 197. 4. Criminal liability, in case of death by explosion. 5. How nitro-glycerine may be carried. 6. Jurisdiction of district courts, 7. States' rights not to be affected. 8. Office of superintendent of statistics abolished. 1. The annual statistical accounts of the commerce of the United States with foreign countries, required by existing laws, shall hereafter be made up and completed by the How annual sta- register of the treasury, under the direction of the secretary of the treasury, so as to tistics to be made up. 28 July 18662 13. 14 Stat. 330. comprehend and include, in tabular form, the quantity by weight or measure, as well as the amount of value, of the several articles of foreign commerce, whether dutiable or otherwise; and also a similar and separate statement of the commerce of the United States with the British provinces, under the late so-called reciprocity treaty with Great Britain. 2. There shall be established in and attached to the department of the treasury a bureau to be styled "the bureau of statistics," and the secretary of the treasury is Bureau of statis- hereby authorized to appoint a director to superintend and control the business of said tics. Annual reports. bureau, who shall be paid an annual salary of thirty-five hundred dollars.(6) And it shall be the duty of the director of the bureau of statistics to prepare the report on the statistics of commerce and navigation, exports and imports, now required by law to be submitted annually to congress by the secretary of the treasury; and said report, embraoing the returns of the commerce and navigation, the exports and imports of the United States to the close of the fiscal year, shall be submitted to congress in a printed form, on Monthly reports or before the first day of December next succeeding; and the said director, as soon as of imports and exports. Report on ves sels. practicable after the organization of this office shall, under the direction of the secretary of the treasury, prepare and publish monthly reports of the exports and imports of the United States, including the quantities and values of goods warehoused or withdrawn from warehouse, and such other statistics relative to the trade and industry of the country as the secretary of the treasury may consider expedient. And the director of the bureau of statistics shall also prepare an annual statement of vessels registered, enrolled, and licensed under the laws of the United States, together with the class, name, tonnage and place of registry of each vessel, and such other information as the secretary of the treasury may deem proper to embody therein; and to enable the said director to furnish the information required, the secretary of the treasury shall have power, under such System of num- regulations as he shall prescribe, to establish and provide a system of numbering vessels so registered, enrolled and licensed; and each vessel so numbered shall have her num(a) 1 vol. 610, pl. 40. bering. (b) By act 20 July 1868, the office of director of the bureau of statistics is abolished, and its duties transferred to the special commissioner of the revenue; and the secretary may appoint one division clerk at the same salary as the head of division, to act as deputy to said special commissioner in respect to said bureau. 15 Stat. 99. See tit. "Internal Revenue," 9. statements. ber deeply carved or otherwise permanently marked on her main beam; and if at any 28 July 1866. time she shall cease to be so marked, such vessel shall be no longer recognised as a vessel of the United States. The said director shall also prepare an annual statement of all merchandise passing in transit through the United States to foreign countries, each description of merchandise, so far as practicable, warehoused, withdrawn from warehouse for consumption, for exportation, for transportation to other districts, and remaining in the warehouse at the end of each fiscal year. It shall be the further duty of said Other annual director to collect, digest and arrange for the use of congress, the statistics of the manufactures of the United States, their localities, sources of raw material, markets, exchanges with the producing regions of the country, transportation of products, wages, and such other conditions as are found to affect their prosperity; and to aid him in the discharge of these duties, the several clerks now employed in the preparation of statistics in the treasury department, or any bureau thereof, may be placed under his supervision and direction; and, in addition, the secretary of the treasury shall detail such other clerks as may be necessary to fully carry out the provisions of this act. And the Expenses. expenses of the bureau of statistics for clerical service, publication of reports, stationery, books, and statistical periodicals and papers required by the bureau, shall be defrayed on the order and approval of the secretary of the treasury, out of any moneys in the treasury not otherwise appropriated. And all letters and documents to and from Franking privithe director of the bureau of statistics, relating to the duties and business of his office, lege. shall be transmitted by mail free of postage. 14 Stat. 81. glycerine forbid 3. It shall not be lawful to transport, carry or convey, ship, deliver on board, or cause 3 July 1866 2 1. to be delivered on board, the substance or article known or designated as nitro-glycerine or glynoin oil, nitroleum or blasting oil, or nitrated oil, or powder mixed with any such Lading of nitrooil, or fibre saturated with any such [article] or substance, upon or in any ship, steam- den. ship, steamboat, vessel, car, wagon or other vehicle, used or employed in transporting passengers by land or water, between a place or places in any foreign country and a place or places within the limits of any state, territory or district of the United States, or between a place in one state, territory or district of the United States, and a place in any other state, territory or district thereof; and any person, company or corporation Penalty. who shall knowingly violate the provisions of this section, shall be liable to a fine of not less than one thousand nor more than ten thousand dollars, at the discretion of the court, one-half to the use of the informer. 4. In case the death of any person shall be caused, directly or indirectly, by an explosion of any quantity of said substances or articles, or either of them, while the same is being placed upon or in any such ship, steamship, steamboat, vessel, car, wagon or other vehicle, to be transported, carried or conveyed thereon or therein, in violation of the foregoing section, or while the same is being so transported, carried or conveyed, or while the same is being removed from such ship, steamship, steamboat, vessel, car, wagon or other vehicle, every person who knowingly placed or aided, or permitted the placing of the said substance upon or in such ship, steamship, steamboat, vessel, car, wagon, or other vehicle, to be so transported, carried or conveyed, shall be deemed guilty of manslaughter, and on conviction thereof, shall suffer imprisonment for a period not less than two years. Ibid. 2. Criminal liability in case of death by explosion. ried. Ibid. 3. 5. It shall not be lawful to ship, send or forward any quantity of the said substances or articles, or to transport, convey or carry the same by a ship, boat, vessel, vehicle or How nitro-glyce conveyance of any description, upon land or water, between a place in a foreign country rine may be carand a place within the United States, or between a place in one state, territory or district of the United States, and a place in any other state, territory or district thereof, unless the same shall be securely enclosed, deposited or packed in a metallic vessel, surrounded by plaster of paris, or other material that will be non-explosive when saturated with such oil or substance, and separated from all other substances; and the outside of the package containing the same, be marked, printed or labelled in a conspicuous manner with the words "Nitro-Glycerine, Dangerous;" and any person, company or corporation who shall knowingly violate the provisions of this section, shall be liable to a fine of not less than one thousand nor more than five thousand dollars, at the discretion of the court, one-half to the use of the informer. Ibid. 24. 6. The district court of the United States within the district in which any offence against this act shall be committed, or if committed in or upon any ship, boat, vessel or Jurisdiction of vehicle beyond the territorial limits of any district, then within the district from which the district the same departed, or that in which it shall first arrive, shall have jurisdiction to try and punish the offender under the provisions of this act. 7. This act shall not be so construed as to prevent any state, territory, district, city or town within the United States, from regulating or from prohibiting the traffic in or trans courts. Ibid. 25. 3 July 1866. States' rights not to be affected. 20 June 1866 2 1. 15 Stat. 96. portation of the said substances between persons and places lying or being within their respective territorial limits, or from prohibiting its introduction into such limits for sale, use or consumption therein. 8. That the third section of the act of August 18, 1856, (a) entitled "An act to amend an act entitled 'An act requiring foreign regulations of commerce to be laid annually Office of superin- before congress,' approved August 16, 1842, and for other purposes," be and the same is tendent of statistics abolished. hereby repealed. (a) 1 vol. 159, pl. 24. 28 July 18662 1. 14 Stat. 343. Commissioners. 1. To have jurisdiction of cases of desertion. 1. The commissioners who now are, or hereafter may be, appointed by the circuit courts of the United States to take acknowledgments of bail and affidavits, and also to To have jurisdic take depositions in civil causes, shall and may exercise all the powers that any justice tion of cases of desertion. of the peace may exercise, under and in virtue of the seventh section of the act passed the 20th of July, Anno Domini 1790, (a) entitled "An act for the government and regulation of seamen in the merchant service." I. ELECTION OF SENATORS. 1. Mode of electing senators. 2. Elections to fill vacancies. 3. Certificates of election. II. ELECTION OF REPRESENTATIVES. 4. Number of members. 5. Representation of California. 6. Members to be elected by single districts. ΙΙΙ. ΜΕΕΤΙNG OF CONGRESS. 7. Additional session of congress. 8. Mileage not to be allowed. 9. Organization of congress. 25 July 1866 1. 14 Stat. 243. 1. The legislature of each state which shall be chosen next preceding the expiration of the time for which any senator was elected to represent said state in congress, shall, Mode of electing on the second Tuesday after the meeting and organization thereof, proceed to elect a senators. Ibid. 22. Elections to fill vacancies. senator in congress, in the place of such senator so going out of office, in the following manner: each house shall openly, by a viva voce of each member present, name one person for senator in congress from said state, and the name of the person so voted for, who shall have a majority of the whole number of votes cast in each house shall be entered on the journal of each house, by the clerk or secretary thereof; but if either house shall fail to give such majority to any person on said day, that fact shall be entered on the journal. At twelve o'clock, meridian, of the day following that on which proceedings are required to take place, as aforesaid, the members of the two houses shall convene in joint assembly and the journal of each house shall then be read, and if the same person shall have received a majority of all the votes in each house, such person shall be duly declared elected senator to represent said state in the congress of the United States; but if the same person shall not have received a majority of the votes in each house, or if either house shall have failed to take proceedings as required by this act, the joint assembly shall then proceed to choose, by a vivâ voce vote of each member present, a person for the purpose aforesaid; and the person having a majority of all the votes of the said joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock, meridian, of each succeeding day, during the session of the legislature, and take at least one vote until a senator shall be elected. 2. Whenever, on the meeting of the legislature of any state, a vacancy shall exist in the representation of such state in the senate of the United States, said legislature shall proceed on the second Tuesday after the commencement and organization of its session, to elect a person to fill such vacancy, in the manner hereinbefore provided for the elec |