AN ACT TO ENABLE THE PEOPLE OF COLORADO TO FORM A CONSTITUTION AND STATE
GOVERNMENT, AND FOR THE ADMISSION OF THE SAID STATE INTO THE UNION ON AN EQUAL
FOOTING WITH THE ORIGINAL STATES.
Be it enacted by the senate and house of representatives of the United
States of America in congress assembled:
1. Authority to form state. That the inhabitants 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 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.
2. Boundaries. That the said state of Colorado shall consist of all
the territory included within the following boundaries, towit: commencing on
the thirtyseventh parallel of north latitude where the twentyfifth meridian
of longitude west from Washington crosses the same; thence north, on same
meridian, to the fortyfirst parallel of north latitude; thence along said
parallel west to the thirtysecond meridian of longitude west from Washington;
thence south on said meridian, to the thirtyseventh parallel of north
latitude; thence along said thirtyseventh parallel of north latitude to the
place of beginning.
3. Convention election apportionment proclamation. That all
persons qualified by law to vote for representatives to the general assembly of
said territory, at the date of the passage of this act, shall 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, 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 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; 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 seventyfive, 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.
4. Constitutional convention requirements of constitution. 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 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 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 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 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.
5. Adoption of constitution president to proclaim. That in case
the constitution and state government shall be formed for the people of said
territory of Colorado, in compliance with the provisions of this act, 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 be held at such time, in the month of July, eighteen hundred
and seventysix, 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; 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 of said territory, or
any two of them, shall canvass the same; and if a majority of the 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.
6. One representative officers election. That until the next
general census said state 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,
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.
7. School lands. The sections numbered sixteen and thirtysix 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 quartersection, and as contiguous as may be, are hereby
granted to said state for the support of common schools.
8. Land for public buildings. That, provided the state of Colorado
shall be admitted into the Union in accordance with the foregoing provisions of
this act, fifty 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 seventyeight, shall be and are hereby granted, in legal
subdivisions of not less than one quartersection, 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.
9. Land for penitentiary. 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.
10. Land for university. That seventytwo 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.
11. Salt springs. 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 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.
12. Sale of agricultural lands. That five per centum of the
proceeds of the sales of agricultural 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 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.
13. Unexpended balance of appropriations. That any balance of the
appropriations for the legislative expenses of said territory of Colorado remaining
unexpended, 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
and regulations and rates as are now provided by law for the payment of the
territorial legislature.
14. School lands how sold. 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.
15. Mineral lands excepted. That all mineral lands shall be excepted from the operation and grants of this act.