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1876, June 26, ch. 4 Dillon, 251.
Colorado, boundaries of.
with the name of the State of Colorado; which State, when formed, shall be admitted into the Union upon an equal footing with the original States in all respects whatsoever, as hereinafter provided.(1)
SEC. 2. That the said State of Colorado shall consist of all the territory included within the following boundaries, to wit: Commencing on the thirty-seventh parallel of north latitude where the twenty-fifth meridian of longitude west from Washington crosses the same; thence north, on said meridian, to the forty-first parallel of north latitude; thence along said parallel west to the thirty-second meridian of longitude west from Washington; thence south on said meridian, to the thirty-seventh parallel of north latitude; thence along said thirty-seventh parallel of north latitude, to the place of beginning.
-voters of, at SEC. 3. That all persons qualified by law to vote for representatives election of repre- to the general assembly of said Territory, at the date of the passage of sentatives to con- this act, shall be qualified to be elected, and they are hereby authorized vention, &c. 1876, March 3, to vote for and choose representatives to form a convention under such ch. 17, § 1.
rules and regulations as the governor of said Territory, the chief justice, and the United States attorney thereof 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 the aforesaid representatives to form the aforesaid convention of representatives. shall be apportioned among the several counties in said Territory in proportion to the vote polled in each of said counties at the last general election 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;
Election of representatives.
Meeting of con
vention to form
Constitution to be republican, with no distinction on account of race, color, &c.
And the governor of said Territory shall, by proclamation, order an election of the representatives aforesaid to be held throughout the Territory at such time as shall be fixed by the governor, chief justice, and United States attorney, or any two of them, which proclamation shall be issued within ninety days next after the first day of September, eighteen hundred and seventy-five, and at least thirty days prior to the time of said election; 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; and the number of members to said convention shall be the same as now constitutes both branches of the legislature of the aforesaid Territory.
SEC. 4. That the members of the convention thus elected shall meet
at the capital of said Territory, on a day to be fixed by said governor, chief justice, and United States attorney, not more than sixty days subsequent to the day of election, which time of meeting shall be contained in the aforesaid proclamation mentioned in the third section of this act, and, after organization, shall declare, on behalf of the people of said Territory, that they adopt the Constitution of the United States; whereupon the said convention shall be, and is hereby, authorized to form a constitution and State government for said Territory:
Provided, That the constitution shall be republican in form, and make no distinction in civil or political rights on account of race or color, except Indians not taxed, and not be repugnant to the Constitution of the United States and the principles of the Declaration of Independ
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 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; Secondly, that the people inhabiting said Territory do agree and deunappropriated clare that they forever disclaim all right and title to the unappropriated public lands; proyisions as to taxes. public lands lying within said Territory, and that the same shall be
NOTE. (1) The President issued his proclamation Aug. 1, 1876, hereinafter printed (1876, No. 6, p. —), declaring the admission of Colorado as a State into the Union as complete.
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 lands belonging to residents thereof, and that no taxes shall be imposed by the State on lands or property therein belonging to, or which may hereafter be purchased by the United States.
SEC. 5. That in case the constitution and State government shall be formed for the people of said Territory of Colorado, in compliance with stitution to be the provisions of this act, said convention forming the same shall pro- ular vote. submitted to popvide, by ordinance, for submitting said constitution to the people of said State for their ratification or rejection, at an election, to be held at such time, in the month of July, eighteen hundred and seventy-six, and at such places and under such regulations as may be prescribed by said convention, at which election the lawful voters of said new State shall vote directly for or against the proposed constitution;
Voting and re
And the returns of said election shall be made to the acting governor of the Territory, who, with the chief justice and United States attorney turns. of 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; 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. That until the next general census said State shall be entitled to one Representative in the House of Representatives of the United in Congress. States, which Representative, together with the governor and State and other officers provided for in said constitution, shall be elected on a day subsequent to the adoption of the constitution, and to be fixed by said constitutional convention; and until said State officers are elected and qualified under the provisions of the constitution, the territorial officers shall continue to discharge the duties of their respective offices.
Land for public
R. S., § 2449.
SEC. 7. 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 more than one quarter-section, and as contiguous as may be, are hereby granted to said State for the support of common schools. SEC. 8. That, provided the State of Colorado shall be admitted into the Union in accordance with the foregoing provisions of this act, fifty buildings. entire sections of the unappropriated public lands within said State, to be selected and located by direction of the legislature thereof, and with the approval of the President, on or before the first day of January, eighteen hundred and seventy-eight, shall be, and are hereby, granted, in legal subdivisions of not less than one quarter-section, 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. That fifty other entire sections of land as aforesaid, to be selected and located and with the approval 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. That seventy-two other sections of land shall be set apart and reserved for the use and support of a State university, to be selected and approved 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. That all salt-springs within said State, not exceeding twelve in number, with six sections of land adjoining, and 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 of said State within two years after the admission of the State, and when so selected to be used and disposed of on such terms, conditions, and regulations as the legislature shall direct: Provided, That no salt-spring 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.
SEC. 12. That five per centum of the proceeds of the sales of agriper cent. of sales cultural public lands lying within said State which shall be sold by the of public lands for United States subsequent to the admission of said State into the Union, internal improvements. after deducting all the expenses incident to the same, shall be paid to the said State for the purpose of making such internal improvements within said State as the legislature thereof may direct: Provided, That this section shall not apply to any lands disposed of under the homestead laws of the United States, or to any lands now or hereafter reserved for public or other uses.
Unexpended balSEC. 13. That any balance of the appropriations for the legislative ances of appropri- expenses of said Territory of Colorado remaining unexpended shall be 1876, March 3, applied to and used for defraying the expenses of said convention, and ch. 17, § 2. for the payment of the members thereof, under the same rules and regulations and rates as are now provided by law for the payment of the territorial legislature.
SEC. 14. That the two sections of land in each township herein granted for the support of common schools shall be disposed of only at public sale and at a price not less than two dollars and fifty cents per acre, the proceeds to constitute a permanent school-fund, the interest of which to be expended in the support of common schools.
SEC. 15. That all mineral-lands shall be excepted from the operation and grants of this act. [March 3, 1875.]
AN ACT TO ESTABLISH THE BOUNDARY-LINE BETWEEN THE STATE OF ARKANSAS AND
March 3, 1875.
18 Stat. L., 476.
1. Boundary between Arkansas and Indian
Be it enacted, &c.
2. Boundary to be retraced and marked.
[SECTION 1], That the boundary-line between the State of Arkansas tween Arkansas and the Indian country, as originally surveyed and marked, and upon and Indian coun- which the lines of the surveys of the public lands in the State of Arkansas were closed, be, and the same is hereby, declared to be the permanent boundary-line between the said State of Arkansas and the Indian country.
-to be retraced and marked.
SEC. 2. That the Secretary of the Interior shall, as soon as practicable, cause the boundary-line, as fixed in the foregoing section, to be retraced and marked in a distinct and permanent manner; and if the original line, when retraced, shall be found to differ in any respect from what the boundary-line would be if run in accordance with the provisions of the treaties establishing the eastern boundary-line of the Choctaw and Cherokee Nations, then the surveyors shall note such variations and compute the area of the land which in that case would be taken from the State of Arkansas or the Indian country, as the case may be; and the Secretary of the Interior shall also cause any monuments set up in any former survey indicating any line at variance with the survey provided for in this act to be obliterated. [March 3, 1875.]
AN ACT SUPPLEMENTARY TO THE ACTS IN RELATION TO IMMIGRATION.
1. Consular officers in certifying to voluntary emigration from China and Japan to ascer tain whether immigrants have contracted to serve for immoral purposes.
2. Transportation of subjects of China or Japan, &c., without free consent; how punished. Contracts for term of service void.
3. Importation of women for purposes of prostitution; penalty.
4. Contracting to supply labor of cooly in viola tion of law; how punished.
Be it enacted, &c.
March 3, 1875.
18 Stat. L., 477.
[SECTION 1], That in determining whether the immigration of any Consular officers, subject of China, Japan, or any Oriental country, to the United States, in certifying to is free and voluntary, as provided by section two thousand one hundred voluntary emigraand sixty-two of the Revised Code, title "Immigration," it shall be the tion from China and Japan, to asduty of the consul-general or consul of the United States residing at certain whether the port from which it is proposed to convey such subjects, in any vessels emigrants have enrolled or licensed in the United States, or any port within the same, contracted to serve for immoral purbefore delivering to the masters of any such vessels the permit or certificate provided for in such section, to ascertain whether such immigrant has entered into a contract or agreement for a term of service within the United States, for lewd and immoral purposes; and if there be such contract or agreement, the said consul-general or consul shall not deliver the required permit or certificate.
R. S., § 2162.
SEC. 2. That if any citizen of the United States, or other person Transportation amenable to the laws of the United States, shall take, or cause to be of subjects of Chitaken or transported, to or from the United States any subject of China, without free conna or Japan, &c., Japan, or any Oriental country, without their free and voluntary con- sent; how punsent, for the purpose of holding them to a term of service, such citizen ished. or other person shall be liable to be indicted therefor, and, on conviction R. S., § 2161. of such offense, shall be punished by a fine not exceeding two thousand dollars and be imprisoned not exceeding one year;
And all contracts and agreements for a term of service of such persons Contracts for in the United States, whether made in advance or in pursuance of such term of service illegal importation, and whether such importation shall have been in American or other vessels, are hereby declared void.
SEC. 3. That the importation into the United States of women for Importation of the purposes of prostitution is hereby forbidden; and all contracts and women for puragreements in relation thereto, made in advance or in pursuance of poses of prostitusuch illegal importation and purposes, are hereby declared void; and tion; penalty. whoever shall knowingly and willfully import, or cause any importation of, women into the United States for the purposes of prostitution, or shall knowingly or willfully hold, or attempt to hold, any woman to such purposes, in pursuance of such illegal importation and contract or agreement, shall be deemed guilty of a felony, and, on conviction thereof, shall be imprisoned not exceeding five years and pay a fine not exceeding five thousand dollars.
SEC. 4. That if any person shall knowingly and willfully contract, or attempt to contract, in advance or in pursuance of such illegal importa- supply labor of tion, to supply to another the labor of any cooly or other person brought of law; how puncooly in violation into the United States in violation of section two thousand one hundred ished. and fifty-eight of the Revised Statutes, or of any other section of the R. S., § 2158laws prohibiting the cooly-trade or of this act, such person shall be 2164. deemed guilty of a felony, and, upon conviction thereof, in any United States court, shall be fined in a sum not exceeding five hundred dollars and imprisoned for a term not exceeding one year.
SEC. 5. That it shall be unlawful for aliens of the following classes to Immigration of immigrate into the United States, namely, persons who are undergoing convicts, and of a sentence for conviction in their own country of felonious crimes other women for prostitution, forbidden. than political or growing out of or the result of such political offenses,
Vessels to be in
or whose sentence has been remitted on condition of their emigration,
Every vessel arriving in the United States may be inspected under spected when ob- the direction of the collector of the port at which it arrives, if he shall noxious immi- have reason to believe that any such obnoxious persons are on board; grants believed to and the officer making such inspection shall certify the result thereof to the master or other person in charge of such vessel, designating in such certificate the person or persons, if any there be, ascertained by him to be of either of the classes whose importation is hereby forbidden.
be on board, &c. R. S., § 4272.
When such inspection is required by the collector as aforesaid, it shall be unlawful, without his permission, for any alien to leave any such vessel arriving in the United States from a foreign country until the inspection shall have been had and the result certified as herein provided;
And at no time thereafter shall any alien certified to by the inspecting officer as being of either of the classes whose immigration is forbid. den by this section, be allowed to land in the United States, except in obedience to a judicial process issued pursuant to law.
If any person shall feel aggrieved by the certificate of such inspecting officer stating him or her to be within either of the classes whose immigration is forbidden by this section, and shall apply for release or other remedy to any proper court or judge, then it shall be the duty of the collector at said port of entry to detain said vessel until a hearing and determination of the matter are had, to the end that if the said inspector (1) shall be found to be in accordance with this section and sustained, the obnoxious person or persons shall be returned on board of said vessel, and shall not thereafter be permitted to land, unless the master, owner, or consignee of the vessel shall give bond and security, to be approved by the court or judge hearing the cause, in the sum of five hundred dollars for each such person permitted to land, conditioned for the return of such person, within six months from the date thereof, to the country whence his or her emigration shall have taken place, or unless the vessel bringing such obnoxious person or persons shall be forfeited, in which event the proceeds of such forfeiture shall be paid over to the collector of the port of arrival, and applied by him, as far as necessary, to the return of such person or persons to his or her own country within the said period of six months.
And for all violations of this act, the vessel, by the acts, omissions, or connivance of the owners, master, or other custodian, or the consignees of which the same are committed, shall be liable to forfeiture, and may be proceeded against as in cases of frauds against the revenue laws, for which forfeiture is prescribed by existing law. [March 3, 1875.]
NOTE. (1) This word is so written on the roll.
March 3, 1875.
18 Stat. L., 478.
AN ACT TO REDUCE AND FIX THE ADJUTANT GENERAL'S DEPARTMENT OF THE ARMY.
1. Adjutant-General's Department of Army; of
Be it enacted, &c.
[SECTION 1], That the Adjutant General's Department of the Army al's Department of shall hereafter consist of one Adjutant General, with the rank, pay, and Army; of what offi- emoluments of a brigadier general; two assistant adjutants general, cers to consist, and with the rank, pay, and emoluments of colonels; four assistant adjutheir rank and pay. R. S., §§ 1094, tants general, with the rank, pay, and emoluments of lieutenant colonels; and ten assistant adjutants general, with the rank, pay, and emoluments of majors.
R. S., § 1194.
SEC. 2. That so much of section six (1) of the act entitled "An act making appropriations for the support of the Army for the year ending
NOTE.-(1) Section 6 of the act of 1869, ch. 124 (15 Stat. L., 318), forms § 1194 of the Revised Statutes.”