48 THIRTY-EIGHTH CONGRESS. Sess. I. C11. 59. 1864. C¤¤v¤¤t_i¤n_t<> be qualified to be elected; and they are hereby authorized to vote rmf°"“ °°"”"‘“°’°“‘ and choose representatives to form a copventton, under such rules and regulations as the governor of said territory may prescribe, and also to vote upon the acceptance or rejection of suchlconstitutton as may be, formed by said convention, under such rules and regulations as said con- Enlisted cm. vention may prescribe; and if any of said citizens areienhstcd m the uns- army of the United States, and are still witlnn said territory, they shall be permitted to vote at their place of rendezvous; and 1f' any are absent from said territory, by reason of their enlistment in the armyiot the United States, they shall be permitted to vote at theirlplace of service, under the rules and regulations in each case to be prescribed as aforesaid; and the APP0*ii°¤¤!°¤¤ aforesaid representatives to form the aforesaid convention shall be appor· °fr?l”`°S°"t"hv°S tioned among the several counties in said territory in proportion to the to i0l'll\ COX1V8H- _ . » . tion. population as near as may be, and said apportionment shall be made for said territory by the governor, United States district attorney, and ehiefjusttcc 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 elec- El°°°l?{‘ °f,‘;°l" tion of the representatives aforesaid to be held on the first Monday in (5g1e;;;:;;?' OW June thereafter throughout the territory; and such election shall he 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 as now constitute both branches of the legislature of the aforesaid territory. Sicc. 4. And be it further enacted, That the members of the convention M?“l“g "f°°“' thus elected shall meet at the capital of said territory on the first Monday venmm 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; Mw (-Mm com whereupon the said convention shall be, and it is hereby, authorized to ctitucion. form a constitution and state government : Provided, That the constitution Proviso- 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 torever irrevocable, without the consent of the Congress of the United States : slavery pro- First. That slavery or involuntary servitude shall be forever pioh“’i*‘°d· hibited in said state. Religious toler- 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. Umtppmpt-tamu Third. That the people inhabiting said territory do agree and declare P¤bli¢= l¤¤*i¤· 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 T¤·`*°¤· 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. Constitution to Sue. 5. And be it further enacted, That in case a constitution and state
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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 P‘°°°°d“’g’” be held on the second Tuesday of October, one thousand eight hundred and sixty-tour, at such places and under such regulations as may be prescribed therein, at which election the qualified voters, as hereinbetbre 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
