THE
Legislative Manual,
—OF THE—
STATE OF COLORADO,
—COMPRISING—
THE HISTORY OF COLORADO, ANNALS OF THE LEGISLATURE,
MANUAL OF CUSTOMS, PRECEDENTS AND FORMS, RULES
OF PARLIAMENTARY PRACTICE, AND THE CONSTITUTIONS
OF THE UNITED STATES AND
THE STATE OF COLORADO.
—ALSO—
CHRONOLOGICAL TABLE OF AMERICAN HISTORY, LISTS AND
TABLES FOR REFERENCE, BIOGRAPHIES, ETC.
THOMAS B. CORBETT.
FIRST EDITION.
DENVER, COLORADO.
DENVER TIMES PUBLISHING HOUSE AND BINDERY.
1877.

Entered according to act of Congress, in the year 1877,
By Thomas B. Corbett,
In the Office of the Librarian of Congress, at Washington, D. C.

PREFACE.

The first edition of the Colorado Legislative Manual is herewith presented. While designed for the use of the General Assembly, it cannot fail to interest all classes—the lawyer, the merchant, the aspirant after political honors, and even the young who are ripening into manhood and soon to share its grave responsibilities. It contains information which cannot be elsewhere acquired without a great expenditure of time and patience, in the examination of records, the reconciliation of numerous discrepancies, the supplement of omissions and the correction of errors. The pre-State history is necessarily brief. Sketches of prominent characters, and comments on events and the acts of individuals are not introduced, for the reason that the period of the narrative should be removed some distance from the present age to secure the historian from undue prejudice and partiality. The settlement of Colorado, now a flourishing State, began scarcely twenty years ago. A sense of propriety, therefore, demands that only a plain, accurate and truthful statement be made of what occurred in connection with that settlement. In the preparation of the Legislative Annals, much labor and care have been expended. The Annals are as complete and correct as it was possible to make them, considering the removals of members from the Territory, the inaccuracy of the records and the imperfection of the journals. To the novice in legislation, the Manual of Customs, Precedents and Forms will prove of great value. I have sought, and indeed have spared no pains nor expense, to make this an improvement upon all other Legislative Manuals yet published.

This Manual will be published biennially with such changes as circumstances may require, and such improvements as experience may suggest. That I am anxious to receive the commendation of an appreciative public, I do not deny, and hope that their fullest sympathy with my effort in this direction will be freely accorded. It is a satisfaction to know, and should beget a praiseworthy pride, that Colorado is not behind any of the oldest, most populous and wealthy States in the character, style and completeness of this publication.

It gives me great pleasure to confess, that from the inception to the completion of this work, I have received much kind and cordial assistance. My warmest thanks and acknowledgments are extended to Robert Berry and William W. Webster, experienced legislators, for their good offices and valuable help. The courtesies of Judge Amos Steck, whose memory of facts, dates and persons deserves special mention, and the kindness of O. J. Goldrick, editor and proprietor of the Rocky Mountain Herald, are here gratefully acknowledged.

Trusting that this work will meet the expectations of the General Assembly, and State at large, I respectfully submit it to their judgment.

T. B. C.

TABLE OF CONTENTS.

HISTORY OF COLORADO.

[CHAPTER I.]

Cession of Louisiana Province and Territorial purchase from Mexico—expedition of Coronado—United States expedition to examine Louisiana Province—brief history of Kansas to 1861—first discovery of Gold—trains of prospectors—first settlements in Colorado—early attempts to organize a Territory and State—first representative to Kansas Legislature—visit of Horace Greeley—Provisional Territorial government organized—people’s courts and miners’ courts—condition of affairs in 1860—pony express and other events of 1860—Territory of Colorado organized.—Pages 33-43.

[CHAPTER II.—ORGANIC ACT.]

Boundaries—Governor, Secretary, their duties and term of office—Legislature—suffrage—judicial power—election of delegate—Surveyor-General to be appointed.

[AMENDMENTS TO ORGANIC ACT.]

To provide a temporary government—to regulate the elective franchise—in regard to appropriations—compensation of members and officers of legislature.—Pages 44-56.

[CHAPTER III.]

Provisional government ends—federal officers arrive—Territorial government established—events of 1862—events of 1863—events of 1864—Indians punished by Col. Chivington—renewal of Indian hostilities in 1865—attempt to organize a State—events of 1866—events of 1867—railroads and colonies—temporary division of Republican party in Colorado—enabling act passed.—Pages 57-62.

[CHAPTER IV.—ENABLING ACT.]

Power to organize a State government—boundaries—suffrage—Constitutional Convention—Constitution to be submitted to the people and President to admit the State by proclamation—lands and Salt Springs appropriated—that five per centum of the proceeds of the sales of lands by the United States be paid to the State. Amendment to the Enabling Act—Constitutional Convention.—Pages 63-67.

[CHAPTER V.—CONSTITUTION.]

Preamble—bill of rights—distribution of powers—Executive Department—Lieutenant-Governor—legislative department—judicial department—suffrage and elections—State institutions—education—revenue—officers—impeachments—counties—corporations—mining and irrigation—militia—miscellaneous—future amendments—schedule—ordinances. Constitution submitted to the people—vote—the new State admitted. Proclamation of the President—party conventions—election for State officers—General Assembly meet—Governor’s message—general remarks.—Pages 67-123.

ANALYTICAL INDEX
OF THE
CONSTITUTION OF COLORADO.

ANALYTICAL INDEX
OF THE
CONSTITUTION OF UNITED STATES.

INDEX TO
MANUAL OF PARLIAMENTARY PRACTICE.

HISTORY OF COLORADO.

CHAPTER I.

On April 3d of the year 1803, Napoleon Bonaparte, First Consul of France, for the sum of $16,000,000, ceded to the United States, then under the presidency of Thomas Jefferson, all that vast territory entitled the Province of Louisiana. The province extended from the possessions of New Spain on the south, to the boundary line of the British possessions on the north, and had the magnificent Mississippi river on the one side, and the great Pacific Ocean on the other. At the close of the Mexican war, in 1848, by the treaty of Guadalupe Hidalgo, for the sum of $15,000,000, all New Mexico and Upper California—a region extending from the Rocky Mountains to the Pacific, and containing about 500,000 square miles—was ceded to the United States. This immense domain, thus acquired by purchase from France and Mexico, has been occupied by an intelligent and enterprising population, and divided into states and territories, each an empire in its dimensions, and has been cultivated, developed, and embellished by all the arts and inventions of the most progressed civilization. One portion of this domain is Colorado, destined by her position, resources and climate to enjoy an immortal precedence among the States of our great Republic.

Before the year 1858 very little was known of Colorado. It is recorded, with some apparent truth, that a large force of Spaniards and Indian allies, led by Coronado, a Spanish military captain, having for their object the discovery of gold, had, about the middle of the sixteenth century, penetrated to this section of the Rocky Mountains. The expedition, after incredible hardships, returned without the golden treasures, for which they had ventured so far and suffered so much.

Soon after the transfer of the Louisiana province, and the establishment of the United States authority therein, it was determined at Washington to ascertain the nature of the country, the sources of its large rivers and the general character of the climate. Accordingly, in the summer of 1806, a small expedition was equipped, and dispatched under the command of Lieutenant Zebulon M. Pike, who, for his skillful services, was, on his return, promoted to the rank of major. On the 15th of November, Major Pike and his small company beheld the prominent and stately mountain which, in honor of the commander, was named Pike’s Peak. Major Pike, in his diary, thus refers to this peak: “This mountain was so remarkable as to be known to all the savage nations for hundreds of miles around, and to be spoken of with admiration by the Spaniards of New Mexico, and was the bounds of their travels north-west.” Directing his march with the course of the mountains, Major Pike continued his explorations. Failing to discover the object of his search—the source of the Red River—he retraced his steps, and proceeded in a south-westerly direction. Determined to find the head-waters of that important stream, and unconquered by the fearful severities of winter in the midst of the mountains, the little party of explorers pursued their way. Their discoveries were, however, brought to a close by an untoward event—the capture of the whole party by the Spaniards, who held a military post in the San Juan country. This arrest would hardly have occurred had the boundaries between New Spain and Louisiana been definitely known.

In the year 1819 another and larger expedition was prepared, and ordered to explore this section of the Rocky Mountains. The party engaged in this enterprise had advanced a considerable distance into the Indian country without molestation, when its further progress was checked by the loss of their horses, which had been stolen by the Pawnee Indians. This mischance detained the expedition for a whole year. In June, 1820, Col. S. H. Long, the commander, all losses having been repaired, resumed his march. Early in the summer they reached the South Platte, and followed its course until the mountains came in sight. The massive giant peak, which stood out boldly and grandly before them, was, in honor of Col. Long, called Long’s Peak. Col. Long made a careful examination of the mountains from Long’s Peak to Pike’s Peak, and of the plains lying along their base.

A very full exploration of the Rocky Mountains was made, in 1832, by Captain Bonneville, who commanded a party fitted out by the American Fur Company.

The most effective expedition hitherto equipped by the Government, for purposes of exploration, was commanded by Col. Fremont, and set out in 1842. Upon his arrival at the South Platte, he sent the larger portion of his force to Fort Laramie, a post of the American Fur Company. With the rest of his command he advanced to Fort St. Vrain, an Indian trading post, situated seventeen miles east from Long’s Peak, and one hundred miles north from Pike’s Peak. From this point he journeyed northward, exploring the country beyond the limits of Colorado.

Another band of explorers, conducted by Col. Fremont, camped at Fort St. Vrain in July, 1843. This party made accurate surveys of the regions known as north and south of the Divide—an elevated ridge, separating the Arkansas and Platte valleys; crossed and re-crossed the range, ascertained many valuable facts, and mapped out the main geographical features of Colorado. But, so far, none of these explorers, nor any of the white inhabitants, mostly occupied in trading, trapping and hunting, had made any discovery of the vast mineral wealth now known to exist in this portion of the Sierra Madre mountains.

As the limits of Kansas formerly embraced a large part of what now constitutes Colorado, a brief summary of the early history of Kansas is essential. The territory of Kansas was organized on the thirtieth day of May, 1854. Then began her pupilage under the guardianship of Congress. In theory, the relation of a territory to the national government is that of a child to its parent. It is supposed to be under discipline and training, by which it will, in due time, be fitted to discharge the high and important duties incident to statehood. Kansas, it seems, was an unruly ward, and caused much trouble and anxiety to her guardian. In the Organic Act of the territory it was prescribed that the Constitution and all the laws of the United States should be in full force and effect, except the Missouri Compromise Act of 1820, which was declared to be inoperative and void in that territory. The Missouri Compromise, thus partially rescinded, opened the way for a pro-slavery and an anti-slavery agitation. Anti-slavery colonies from New England, and pro-slavery colonies from the Southern States, came to settle in the new territory of Kansas. Confusion, riot, and bloodshed soon followed. This unhappy state of affairs continued until the adoption of a State constitution prohibiting slavery. This important event occurred December 6th, 1859. From that time peace and order reigned. On January 29th, 1861, an Act for the admission of Kansas into the Union as a state, passed both Houses of Congress. On February 26th, 1861, Congress divided the new state, and organized the western portion into a territory bearing the name of Colorado.

We have seen that Kansas became a territory in 1854. From that year until 1858 no one authorized to represent the territory of Kansas appeared within the present limits of Colorado. The inhabitants before this time, beside the employees of the American Fur Company and a few independent trappers, hunters, and Indian traders, consisted of a scattered population of Pueblos and Mexicans, mostly engaged in stock raising in the vicinity of the Raton Mountains, and the roving tribes of savages. The Indian traders, among whom were Lieutenant Lupton and Vigil St. Vrain in the north, and Colonels Boone and Bent in the south, had erected small forts to shield them from the savages. The junction of the Fontaine qui Bouille with the Arkansas was a favorite winter rendezvous for the trappers and hunters, among whom was the famous Kit Carson. In 1854, the Ute Indians massacred, in one night, all who had assembled at this resort. Hitherto the protection of Kansas power and law had never been invoked, nor had the needs of the scanty and motley population occupied the attention of the Kansas government. In 1852 a party of Cherokee Indians, on their way from Georgia to California, discovered gold on the banks of a small stream tributary to the South Platte. On their return journey they showed the gold and reported the place of discovery. Exciting rumors of gold found in large quantities in the Rocky Mountains, inflamed thousands with the desire to reach and possess the open treasures. The first train of prospectors, led by W. Green Russell, Esq., started from Georgia. As they passed through Missouri and Kansas, the gold fever influenced many to leave home and competency for the distant plains and mountains teeming with riches. The Georgians took up their position where Denver now stands, and thoroughly prospected Cherry Creek from its mouth to its source, but as their labors were poorly rewarded, they gave the Platte, of which Cherry Creek is a tributary, a fair trial for six or seven miles south. Much disappointed, they set out for the North Platte and Green River regions, but faring worse, returned to their first location, and were made happy by larger returns for their labor. The first Kansas party built their camp fires near the present site of Pueblo. As the news of gold discoveries sped across the continent, a strong tide of emigration set in to the Pike’s Peak country. Strings of wagons and troops of men, in constant succession, kept crossing the great plains, anxious as they toiled on, to catch a glimpse of the blue outlines of the mountains, where fortune stood waiting to enrich the hardy adventurers. From all parts, and embracing all characters, poured in the earnest crowd, all animated by a common hope of attaining sudden wealth.

J. W. Denver, after whom Denver, the present capital of Colorado, was called, was then governor of Kansas territory. But neither he, nor his successor Medary, nor even Robinson, elected State governor December 6th, 1859, could give scarcely any attention to occurrences in the distant Pike’s Peak gold regions. Their thoughts and time were almost entirely engrossed by political events at home.

On the banks of the Platte, near the present Younker ranch, some of the Kansas company, who had camped on the Arkansas, with others, began to erect a number of log cabins. These were soon completed, and the name of Montana City was applied to the settlement. In these cabins a large party of prospectors spent the winter. On the 24th of September, a party of nine selected the east side of Cherry Creek, near its mouth, for a town site, and agreed to lay out 640 acres for that purpose. The peculiar and pious name of St. Charles was given to it, but no steps were taken to survey and plot the town or put up buildings, unless a few logs crossed together, with an old wagon cover for a roof, might be designated a house. Another company chose the west side of Cherry Creek for a town site, and in the latter part of October proceeded to construct some log cabins. These, and a number of others used as stores, were built, and the town called Auraria, from a small mining town in Georgia. The prospects of this new enterprise soon became encouraging, while Montana City in time lost its inhabitants, and its tenements went to ruin. A town company, composed mainly of Kansas citizens, on November 17th, 1858, took possession of the deserted St. Charles town site. Steps for the erection of cabins were immediately taken in order to secure the right of pre-emption. By New Year’s Day Denver had twenty and Auraria forty cabins. Up to this time the settlements contained only three white women. In the fall of 1859, a warm rivalry existed between Auraria and Denver. This was manifested in every issue, and continued until the consolidation of Denver and Auraria in 1860. The first inhabitants of Boulder came to that section October 17, 1858. In the summer of 1859 settlements were made in South Park. In the autumn months of 1859 Mountain City, Boulder, Russellville, Colorado City, Golden and Arapahoe became large settlements.

As the population increased, protection of life and property was felt as the special need. Animated, therefore, by a common desire to establish security, prevent and punish crime, the new settlers called a public meeting. The meeting was held November 6, 1858, in the settlement of Auraria, containing at that time about 200 inhabitants. The assembly, though composed of immigrants from different states, acted as citizens of Kansas territory. Out of the Pike’s Peak country, as that part of the Rocky Mountains, and the plains around their base, were called, they formed a county, defined its limits, and named it Arapahoe, from a neighboring tribe of Indians. They also declared Auraria to be the county seat. They then proceeded to elect a delegate to Congress and a representative to the Kansas Legislature. H. J. Graham was chosen delegate, and A. J. Smith representative. This action of the assembly manifested a rare spirit of enterprise in politics. They declare a district of Kansas to be a county, and depute one of their number to the legislature with credentials of his election, and petitions that the county be established, and their representative be received. At the same time a delegate is dispatched to Congress with instructions to have the county converted into a territory. The delegate of Kansas Territory would be duly recognized and admitted to a seat in Congress. But to the delegate of Arapahoe county no such recognition or position would be tendered. His labors would be confined to the advocacy of the petitions and claims of the people he represented before committees, or with individual members of the House or Senate. Nevertheless, Mr. Graham hurried to Washington, impelled by the delusive hope that his mission would be successful, and that he would enjoy the honors and emoluments of territorial delegate. The people of Arapahoe county were 700 miles distant from Leavenworth, the capital of Kansas, without railroads or telegraphs, and with immense uninhabited plains lying between them and the territorial authorities. They, therefore, naturally desired to have the territory of Kansas divided, and the western part organized into a new territory. This arrangement, if consummated, would place the country on a stable footing. Peace and order would be maintained, the general prosperity promoted, while Congress and the nation would be directly acquainted with the growth, prospects and necessities of the country. Mr. Graham exerted himself to prevail on Congress to respect the petition of his constituents, but his efforts proved unsuccessful. Their representative, A. J. Smith, succeeded in his mission, had Arapahoe county confirmed, but was not admitted as a member of the Kansas legislature.

During the winter of 1858 the population was only slightly increased. The settlements were governed by local laws, devised and adopted by the people, and these laws were executed by a Probate judge and other officers, of the people’s appointment. The first election of Arapahoe county officers, under Kansas laws, was held March 28, 1859. Over 700 votes were polled, of which 231 were credited to Auraria and 144 to Denver. The spring months brought a great increase to the mining population. From authentic sources it has been computed that, during the summer, the Pike’s Peak gold regions contained 20,000 souls. An established and accessible government became indispensable. The subject pressed itself more and more urgently on the public mind. Their first attempt, in 1858, to impress Congress favorably with the necessities of their situation, had proved abortive. But a profound sense of their needs moved them to renew their efforts to prevail on Congress to consummate a partition of the territory of Kansas, and to establish a separate government in this distant but populous region. A mass meeting was called, to convene in Auraria, April 11th, 1859. In the resolutions adopted, it was expressed as the unanimous sentiment of the meeting, that a separate and distinct government was not only important but necessary. By these resolutions, also, the several precincts of Arapahoe county were requested to choose delegates, to meet in joint convention on the fourth day after the meeting, April 15th, to consider the question of organizing a new state or territory. On the day appointed the delegates met. In order to save time and determine quickly, they pursued an eminently judicious course. They resolved on one subject of debate, and only one: “The formation of a new and independent state of the Union.” It must be remembered that Kansas, at this time, was only a territory, though pressing her claims for recognition and admission as a State. Thus early, and prematurely, as facts subsequently proved, did the people, who crowded into this new country, seek for the honors and privileges of statehood. While these delegates were in session, or shortly after, the Rocky Mountain News, the pioneer journal of Colorado, issued its first edition, April 23d, 1859. This Auraria convention, as a summing up of their labors, ordered a general election of delegates on the second Monday in May, to meet on the first Monday in June. At the time designated fifty delegates assembled. As in the April convention, only one subject, it seems, engaged their deliberations—the attainment of statehood. The work of drafting a constitution was entrusted to eight committees, in order to economize time and secure a complete instrument. The committees were requested to report, and submit their labors to a fuller convention, which was enjoined to meet on the first Monday in August. In the interval the several committees prepared their work. When the convention, which consisted of one hundred and sixty-seven delegates, met, the committees presented their reports. A constitution was completed, and arrangements made for its acceptance or rejection by the votes of the people. Though some members of the convention were sanguine of success, the majority thought that the result would be adverse, and sought to provide against such a contingency. The day set for voting on the constitution and movement for a state, was the first Monday in September. The convention therefore resolved that should the constitution be rejected, a delegate to Congress should be elected on the first Monday in October. The delegate would represent Jefferson Territory—the name given by the convention to Arapahoe county, or Pike’s Peak gold regions. On September 4th the votes far or against the constitution were cast, and resulted in 2,007 against, and 649 for, that instrument. A short time (about ten days) before the October election, it was proposed, at a mass meeting held in Auraria, that on the day a delegate to Congress was elected, delegates should be chosen to form a Provisional Territorial Government. The proposition was adopted. Accordingly, on the first Monday in October this double election took place.

The governor of Kansas, in 1859, had issued a proclamation that Arapahoe county be established, and that a representative be elected. The Arapahoe county election for Kansas officials was therefore also held. Captain Richard Sopris was elected representative, and was the first member from Arapahoe county admitted to a seat in the Kansas legislature. An event, worthy of relation, is the arrival of the Leavenworth and Pike’s Peak express, May 17th, 1859. This assured direct communication with the capital of Kansas, and thence with all the States. It was a day of congratulations, and one to be remembered. Another noticeable matter of record is the visit of Horace Greeley, editor of the N. Y. Tribune, who witnessed, with extraordinary interest the operations of gold mining. A letter, to which he attached his own signature, was published June 6th, 1859. This letter set forth in strong language the large returns of the mines and placer diggings. As a consequence, another immigration that fall largely increased the population.

At the October election above mentioned, B. D. Williams was chosen delegate to Congress. He was the exponent of the August convention, and entrusted with the mission to memorialize Congress to separate the Pike’s Peak region from Kansas, and organize it into a territory under the name of Jefferson. The other delegates chosen were instructed to form a Provisional Government. Eighty-six delegates met in convention. They entered upon their duties with great earnestness. A new constitution, called the “Organic Act of the Territory of Jefferson,” was framed and adopted. Other important measures received their approval. The territory was divided into legislative districts. A full state ticket was nominated, and an election ordered for the fourth Monday of October, the same month in which they had been elected, had convened, had acted. The election took place; 2,000 votes were cast in twenty-seven precincts. The Provisional Government was adopted, a full corps of legislators chosen, and, indeed, all but one of the entire ticket elected. The purpose of the parties who had determined on a Provisional Government ran swift to its fulfillment. The legislature thus suddenly and questionably brought into existence, met and began their session. The message of the governor, R. W. Steele, was received with the usual formalities, and the session was passed in diligent legislative labors. Many general and special laws were enacted; nine counties were organized; a poll-tax of one dollar was imposed, and a committee appointed to report full civil and criminal codes to an adjourned session, January 23d, 1860. In each of the nine newly organized counties the governor appointed a Probate Judge, to hold office until the regular county election on the first Monday in January, 1860. The legislature met pursuant to adjournment, and for the remainder of the session devoted their attention to the report of the committee. Full civil and criminal codes were finally adopted. An imperium in imperio was now fairly established. Right in the midst of the Kansas Government stood the Provisional Government. The first resistance to the authority of the latter, and protest against its legality, arose from the Arapahoe county officials, who were elected according to Kansas territorial law, and were, therefore, beyond a doubt, legal. Besides this, a remonstrance against the per capita tax, signed by seven hundred miners, was sent down from the mountains. In the valley, therefore, the Kansas and the Provisional governments held divided sway; and in the mountains the Miners’ Courts and the Provisional Government contended for the mastery. Golden was the only settlement that wholly submitted to the Provisional Government. In truth, the authority of the Kansas officials was never fairly recognized, and they soon ceased to have even a nominal existence.

From 1858 to some time in 1861, two kinds of courts existed in the Pike’s Peak region, whose decisions were final. These were called the People’s Courts and the Miners’ Courts. The People’s Courts were improvised assemblies of the people, who convened to adjudicate criminal cases, such as murders, homicides, and other felonies. They were usually presided over by a probate judge or justice of the peace. The extreme penalties were hanging, lashes on the bare back, and banishment. The Miners’ Courts were differently organized. Pursuant to a general call, all occupying a mining district met together. They fixed the limits of their district, adopted a miners’ code, defined the duties of officers, and elected them for the ensuing year. A president, judge, sheriff, collector, surveyor, and recorder, who was ex officio treasurer and secretary of the district, composed the officers of the court, who were all responsible to the superior tribunal, the Miners’ Meeting. These courts settled all claims and offences in mining districts. When a case was not settled in the courts, it was carried to the Miners’ Meeting. There was no appeal from their decision. The courts organized under the Provisional Government were respected by the people, and their decisions accepted with general satisfaction. In Denver and some other places the People’s Courts alone were recognized.

The year 1860 witnessed great activity in mining throughout the mountains. April 3d, 1860, Denver and Auraria, by mutual agreement of the citizens, were consolidated. During this year the celebrated Consolidated Ditch, constructed for mining uses, was completed. In the fall of 1860 Edward M. McCook was elected representative to the Kansas legislature. It is certain that no bills were passed for the benefit of his constituents, who formed a very small minority of the people, and it is a matter of doubt whether he received more than his mileage. On New Year’s Day, 1860, Denver had two hundred and Auraria four hundred houses, with a combined settled population of one thousand. At the close of 1860 it was estimated that sixty thousand people, chiefly transient, were in the Pike’s Peak country, and the population in and around Denver, four thousand.

The Pony Express, which started simultaneously from St. Joseph, Missouri, and Sacramento, California, April 9th, 1860, and which was conceived and made a success by the bold enterprise of W. H. Russell, Esq., was an event of unusual consequence to the whole nation. Telegrams from New York, by this conveyance, were delivered in San Francisco in eight days and four hours, and letters from San Francisco reached St. Joseph, Missouri, in eight days and nine hours. The great Pacific Mail Steamship Company had, for about ten years, held the contract for the transportation of the U. S. mails. This service realized a million dollars annually. By this line the transit of the mails took twenty-three days. But this achievement of the pony express, reducing the time to eight days and nine hours, induced the government to change the route for the Pacific mails. The contract was given to Butterfield, who sub-contracted to W. H. Russell, through whom the Pike’s Peak gold regions soon had ample mail facilities. On May 1st, 1860, began the publication of the Rocky Mountain Herald, daily edition, whose racy columns drew an encouraging patronage. In August, 1860, the first mail service was extended to the mountains. During this year, considering the number of lawless and reckless men congregated in this new country, comparatively few crimes were committed. The criminals guilty of murder were tried by a People’s Court, sentenced, and hanged. During the summer months Denver was overrun by a crew of desperadoes and robbers, who, if resisted, did not hesitate to use any violence. They assailed the office of the Denver News, and forcibly, with intent to kill, abducted the editor for his unsparing condemnation of their outrages. But the career of one of them was ingloriously terminated, being shot down by the citizens, and the fate of others speedily determined by the People’s Courts. The rest hurried away to other parts, where justice did not follow the offender so surely and so swiftly. In the mountains crimes, at first frequent, soon almost disappeared, owing to the vigilance and prompt action of the Miners’ Courts. At Washington the Congressional delegate indefatigably pressed the petitions of the people, and urged the necessity of immediately organising a territory. Thus 1860 passed.

The next year, so full of great events, brought the desired relief. On the 26th of February, 1861, a bill passed Congress designating the boundaries of the new territory of Colorado, which embraced portions of Kansas, Nebraska, and Utah, and providing for its political organization and administration. The news of this important event was received with great demonstrations of joy.

CHAPTER II.

ORGANIC ACT.

AN ACT TO PROVIDE A TEMPORARY GOVERNMENT FOR THE TERRITORY OF COLORADO.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all that part of the territory of the United States included within the following limits, viz: 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 northern line of New Mexico; thence along the thirty-seventh parallel of north latitude to the place of beginning; be and the same is hereby erected into a temporary government by the name of the Territory of Colorado: Provided, That nothing in this act contained shall be construed to impair the rights of person or property now pertaining to the Indians in said Territory, so long as such rights shall remain unextinguished by treaty between the United States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the territory of Colorado, until said tribe shall signify their assent to the President of the United States to be included within the said Territory, or to affect the authority of the government of the United States to make any regulations respecting such Indians, their lands, property, or other rights, by treaty, law, or otherwise, which it would have been competent for the government to make, if this act had never passed: Provided further, That nothing in this act contained shall be construed to inhibit the government of the United States from dividing said Territory into two or more territories, in such manner and at such times as Congress shall deem convenient and proper, or from attaching any portion thereof to any other Territory or State.

Sec. 2. And be it further enacted, That the executive power and authority in and over said Territory of Colorado shall be vested in a Governor, who shall hold his office four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The Governor shall reside within said Territory, shall be Commander-in-Chief of the militia thereof, shall perform the duties and receive the emoluments of Superintendent of Indian Affairs, and shall approve all laws passed by the Legislative Assembly before they shall take effect; he may grant pardons for offenses against the laws of said Territory, and reprieves for offenses against the laws of the United States, until the decision of the President can be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the laws be faithfully executed.

Sec. 3. And be it further enacted, That there shall be a Secretary of said Territory, who shall reside therein, and hold his office for four years, unless sooner removed by the President of the United States; he shall record and preserve all the laws and proceedings of the Legislative Assembly hereinafter constituted, and all the acts and proceedings of the Governor, in his executive department; he shall transmit one copy of the laws and one copy of the executive proceedings on or before the first day of December in each year, to the President of the United States, and, at the same time, two copies of the laws to the Speaker of the House of Representatives and the President of the Senate for the use of Congress. And in case of the death, removal, or resignation, or other necessary absence of the Governor from the Territory, the Secretary shall have, and is hereby authorized and required to execute and perform, all the powers and duties of the Governor during such vacancy or necessary absence, or until another Governor shall be duly appointed to fill such vacancy.

Sec. 4. And be it further enacted, That the legislative power and authority of said Territory shall be vested in the Governor and a Legislative Assembly. The Legislative Assembly shall consist of a Council and House of Representatives. The Council shall consist of nine members, which may be increased to thirteen, having the qualifications of voters as hereinafter prescribed, whose term of service shall continue two years. The House of Representatives shall consist of thirteen members, which may be increased to twenty-six, possessing the same qualifications as prescribed for members of the Council, and whose term of service shall continue one year. An apportionment shall be made, as nearly equally as practicable, among the several counties or districts for the election of the Council and House of Representatives, giving to each section of the Territory representation in the ratio of its population (Indians excepted) as nearly as may be; and the members of the Council and House of Representatives shall reside in, and be inhabitants of, the district for which they may be elected respectively. Previous to the first election, the Governor shall cause a census or enumeration of the inhabitants of the several counties and districts of the Territory to be taken; and the first election shall be held at such time and places, and be conducted in such a manner as the Governor may direct; and he shall, at the same time, declare the number of the members of the Council and House of Representatives to which each of the counties or districts shall be entitled under this act. The number of persons authorized to be elected, having the highest number of votes in each of said Council districts for members of the Council shall be declared by the Governor to be duly elected to the Council; and the person or persons authorized to be elected having the greatest number of votes for the House of Representatives, equal to the number to which each county or district shall be entitled, shall be declared by the Governor to be elected members of the House of Representatives: Provided, That in case of a tie between two or more persons voted for, the Governor shall order a new election, to supply the vacancy made by such tie. And the persons thus elected to the Legislative Assembly shall meet at such place and on such day as the Governor shall appoint; but thereafter the time, place, and manner of holding and conducting all elections by the people, and the apportioning and representation in the several counties or districts to the Council and House of Representatives, according to the population, shall be prescribed by law, as well as the day of the commencement of the regular session of the Legislative Assembly; Provided, That no session shall exceed the term of forty days, except the first, which may be extended to sixty days, but no longer.

Sec. 5. And be it further enacted, That every free white male citizen of the United States, above the age of twenty-one years, who shall have been a resident of said Territory at the time of the passage of this act, including those recognized as citizens by the treaty with the Republic of Mexico, concluded February two, eighteen hundred and forty-eight, and the treaty negotiated with the same country on the thirtieth of December, eighteen hundred and fifty-three, shall be entitled to vote at the first election, and shall be eligible to any office within the said Territory; but the qualifications of voters and of holding office at all subsequent elections shall be such as shall be prescribed by the Legislative Assembly.

Sec. 6. And be it further enacted, That the legislative power of the Territory shall extend to all rightful subjects of legislation consistent with the Constitution of the United States and the provisions of this act; but no laws shall be passed interfering with the primary disposal of the soil; no tax shall be imposed upon the property of the United States; nor shall the lands or other property of non-residents be taxed higher than the lands or other property of residents; nor shall any law be passed impairing the rights of private property; nor shall any discrimination be made in taxing different kinds of property; but all property subject to taxation shall be in proportion to the value of the property taxed.

Sec. 7. And be it further enacted, That all township, district, and county officers, not herein otherwise provided for, shall be appointed or elected, as the case may be, in such manner as shall be provided by the Governor and Legislative Assembly of the Territory. The Governor shall nominate, and by and with the advice and consent of the Legislative Assembly, appoint all officers not herein otherwise provided for; and in the first instance the Governor alone may appoint said officers, who shall hold their offices until the end of the first session of the Legislative Assembly, and shall lay off the necessary districts for members of the Council and House of Representatives, and all other officers.

Sec. 8. And be it further enacted, That no member of the Legislative Assembly shall hold or be appointed to any office which shall have been created, or the salary or emoluments of which shall have been increased while he was a member, during the term for which he was elected, and for one year after the expiration of such term; and no person holding a commission or appointment under the United States, except postmasters, shall be a member of the Legislative Assembly, or shall hold any office under the government of said Territory.

Sec. 9. And be it further enacted, That the judicial power of said Territory shall be vested in a Supreme Court, District Courts, Probate Courts, and Justices of the Peace. The Supreme Court shall consist of a Chief Justice and two Associate Justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory annually; and they shall hold their offices during the period of four years; the said Territory shall be divided into three judicial districts, and a District Court shall be held in each of said districts by one of the Justices of the Supreme Court at such time and place as may be prescribed by law; and the Judges shall, after their appointments, respectively, reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and that of the Probate Courts and of the Justices of the Peace, shall be as limited by law: Provided, That Justices of the Peace and Probate Courts shall not have jurisdiction of any matter in controversy where the title or boundaries of land may be in dispute, or where the debt or sum claimed shall exceed one hundred dollars; and the said Supreme and District Courts, respectively, shall possess chancery as well as common law jurisdiction; and authority for redress of all wrongs committed against the constitution or laws of the United States or of the Territory, affecting persons or property. Each District Court or the Judge thereof shall appoint its Clerk, who shall also be the register in chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception, and appeals, shall be allowed in all cases from the final decisions of said District Courts to the Supreme Court, under such regulations as may be prescribed by law; but in no case removed to the Supreme Court shall trial by jury be allowed in said Court. The Supreme Court, or the Justices thereof, shall appoint its own Clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error and appeals from the final decisions of said Supreme Court shall be allowed, and may be taken to the Supreme Court of the United States, in the same manner and under the same regulations as from the Circuit Courts of the United States, where the value of the property or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars; and each of the said District Courts shall have and exercise the same jurisdiction, in all cases arising under the constitution and laws of the United States, as is vested in the Circuit and District Courts of the United States; and the said Supreme and District Courts of the said Territory, and the respective Judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are grantable by the Judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws, and writs of error and appeals in all such cases shall be made to the Supreme Court of said Territory the same as in other cases. The said Clerk shall receive in all such cases the same fees which the Clerks of the District Courts of Oregon received for similar services.

Sec. 10. And be it further enacted, That there shall be appointed an Attorney for said Territory, who shall continue in office for four years, unless sooner removed by the President, and who shall receive the same fees and salary as the Attorney of the United States for the Territory of Oregon. There shall also be a Marshal for the Territory appointed, who shall hold his office for four years, unless sooner removed by the President, and who shall execute all processes issuing from said courts when exercising their jurisdiction as Circuit and District Courts of the United States; he shall perform the duties, be subject to the same regulations and penalties, and be entitled to the same fees as the Marshal of the District Court of the United States for the Territory of Oregon, and shall, in addition, be paid two hundred dollars annually as a compensation for extra services.

Sec. 11. And be it further enacted, That the Governor, Secretary, Chief Justice, and Associate Justices, Attorney, and Marshal shall be nominated, and by and with the advice and consent of the Senate, appointed by the President of the United States. The Governor and Secretary to be appointed as aforesaid shall, before they act as such, respectively take an oath or affirmation before the District Judge, or some Justice of the Peace in the limits of said Territory duly authorized to administer oaths and affirmations by the laws now in force therein, or before the Chief Justice, or some Associate Justice of the Supreme Court of the United States, to support the constitution of the United States, and faithfully to discharge the duties of their respective offices, which said oaths, when so taken, shall be certified by the person by whom the same shall have been taken; and such certificate shall be received and recorded by the Secretary among the executive proceedings; and the Chief Justice and Associate Justices, and all other civil officers in said Territory, before they act as such, shall take a like oath or affirmation, before the said Governor or Secretary, or some Judge or Justice of the Peace of the Territory who may be duly commissioned and qualified, which said oath or affirmation shall be certified and transmitted by the person taking the same to the Secretary, to be by him recorded as aforesaid; and afterwards the like oath or affirmation shall be taken, certified and recorded in such manner and form as may be prescribed by law. The Governor shall receive an annual salary of fifteen hundred dollars as Governor, and one thousand dollars as Superintendent of Indian Affairs; the Chief Justice and Associate Justices shall receive an annual salary of eighteen hundred dollars. The said salaries shall be paid quarter yearly at the Treasury of the United States. The members of the Legislative Assembly shall be entitled to receive three dollars each per day during their attendance at the session thereof, and three dollars for every twenty miles travel in going to and returning from the said sessions, estimated according to the nearest usually traveled route. There shall be appropriated annually the sum of one thousand dollars, to be expended by the Governor, to defray the contingent expenses of the Territory. There shall also be appropriated, annually, a sufficient sum to be expended by the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of the Legislative Assembly, the printing of the laws, and other incidental expenses; and the Secretary of the Territory shall annually account to the Secretary of the Treasury of the United States for the manner in which the aforesaid sum shall have been expended.

Sec. 12. And be it further enacted, That the Legislative Assembly of the Territory of Colorado shall hold its first session at such time and place in said Territory as the Governor thereof shall appoint and direct; and at said first session, or as soon thereafter as they shall deem expedient, the Governor and Legislative Assembly shall proceed to locate and establish the seat of government for said Territory at such place as they may deem eligible, which place, however, shall thereafter be subject to be changed by the said Governor and Legislative Assembly.

Sec. 13. And be it further enacted, That a delegate to the House of Representatives of the United States, to serve during each Congress of the United States, may be elected by the voters qualified to elect members of the Legislative Assembly, who shall be entitled to the same rights and privileges as are exercised and enjoyed by the Delegates from the several other Territories of the United States to the said House of Representatives. The first election shall be held at such time and places, and be conducted in such manner as the Governor shall appoint and direct; and at all subsequent elections the times, places, and manner of holding elections shall be prescribed by law. The person having the greatest number of votes shall be declared by the Governor to be duly elected, and a certificate thereof shall be given accordingly.

Sec. 14. And be it further enacted, That when the land in the said Territory shall be surveyed, under the direction of the Government of the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each town in said Territory and be and the same are hereby reserved for the purpose of being applied to schools in the States hereafter to be erected out of the same.

Sec. 15. And be it further enacted, That temporarily, and until otherwise provided by law, the Governor of said Territory may define the judicial districts of said Territory, and assign the Judges who may be appointed for said Territory, to the several districts, and also appoint the times and places for holding courts in the several counties or subdivisions in each of said judicial districts by proclamation to be issued by him; but the Legislative Assembly, at their first or any subsequent session, may organize, alter or modify such judicial districts, and assign the Judges, and alter the times and places of holding the courts, as to them shall seem proper and convenient.

Sec. 16. And be it further enacted, That the Constitution and all laws of the United States, which are not locally inapplicable, shall have the same force and effect within the said Territory of Colorado as elsewhere within the United States.

Sec. 17. And be it further enacted, That the President of the United States, by and with the advice and consent of the Senate, shall be and 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 to time direct, and whose duties, powers, obligations, responsibilities, compensation, and 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.

Approved February 28th, 1861.

AMENDMENTS TO THE ORGANIC ACT.

AN ACT TO AMEND AN ACT ENTITLED “AN ACT TO PROVIDE A TEMPORARY GOVERNMENT FOR THE TERRITORY OF COLORADO.”

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second section of the act to which this act is an amendment, be altered so as to read as follows: The executive power and authority in and over said Territory of Colorado, shall be vested in a Governor, who shall hold his office for four years, and until his successor shall be appointed and qualified, unless sooner removed by the President of the United States. The Governor shall reside within said Territory, shall be commander-in-chief of the militia thereof, shall perform the duties, and shall receive the emoluments of Superintendent of Indian Affairs; he may grant pardons for offences against the laws of said Territory, and reprieves for offenses against the laws of the United States, until the decision of the President shall be made known thereon; he shall commission all officers who shall be appointed to office under the laws of said Territory, and shall take care that the laws be faithfully executed.

Sec. 2. And be it further enacted, That every bill which shall have passed the Legislative Assembly shall, before it become a law, be presented to the Governor of the Territory; if he approve, he shall sign it; but if not he shall return it, with his objections, to the house in which it originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, to be entered on the journal of each house respectively. If any bill shall not be returned by the Governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the Assembly, by adjournment, prevents its return, in which case it shall not be law.

Sec. 3. And be it further enacted, That section nine of the act to which this act is amendatory be altered so as to read as follows: Section 9. And be it further enacted, That the judicial power of said Territory shall be vested in a Supreme Court, District Courts, Probate Courts, and Justices of the Peace. The Supreme Court shall consist of a Chief Justice and two Associate Justices, any two of whom shall constitute a quorum, and who shall hold a term at the seat of government of said Territory, annually, and they shall hold their offices during the period of four years. The said Territory shall be divided into three judicial districts, and a District Court shall be held in each of said districts by one of the Justices of the Supreme Court, at such time and place as may be prescribed by law; and the said judges shall, after their appointments, respectively reside in the districts which shall be assigned them. The jurisdiction of the several courts herein provided for, both appellate and original, and of Justices of the Peace, shall be as limited by law; Provided, That Justices of the Peace shall not have jurisdiction of any matter in controversy, when the title or boundaries of land may be in dispute, or when the debt or sum claimed shall exceed three hundred dollars; and the said Probate Court shall not have jurisdiction in any matter in controversy, when the debt or sum claimed shall exceed the sum of two thousand dollars; and said Supreme and District Courts shall have authority for redress of all wrongs committed against the constitution and laws of the United States; and the said Supreme, District, and Probate Courts respectively, shall possess chancery, as well as common law jurisdiction, and authority for the redress of all wrongs committed against the laws of said Territory, affecting persons or property. Each District Court, or the judge thereof, shall appoint its clerk, who shall also be the Register in Chancery, and shall keep his office at the place where the court may be held. Writs of error, bills of exception and appeals shall be allowed from the final decisions of said District and Probate Courts to the Supreme Court, under such regulations as shall be prescribed by law; but in no case remove to the Supreme Court, shall trial by jury be allowed in said court. The Supreme Court, or the justices, thereof, shall appoint its own clerk, and every clerk shall hold his office at the pleasure of the court for which he shall have been appointed. Writs of error and appeals from the final decisions of said Supreme Court shall be allowed, and may be taken to the Supreme Court of the United States in the same manner and under the same regulations as from the Circuit Courts of the United States, when the value of the property, or the amount in controversy, to be ascertained by the oath or affirmation of either party, or other competent witness, shall exceed one thousand dollars; and each of said Supreme and District Courts shall have and exercise the same jurisdiction in all cases arising under the constitution and laws of the United States, as is vested in the Circuit and District Courts of the United States; and the said Supreme and District Courts of said Territory, and the respective judges thereof, shall and may grant writs of habeas corpus in all cases in which the same are granted by the judges of the United States in the District of Columbia; and the first six days of every term of said courts, or so much thereof as shall be necessary, shall be appropriated to the trial of causes arising under the said constitution and laws; and writs of error and appeals in all such cases shall be made to the Supreme Court of said Territory, the same as in other cases. The said clerk shall receive in all such cases the same fees which the clerks of the Districts Courts of Oregon Territory received for similar services.

Sec. 4. And be it further enacted, That the provisions of sections one and two of this act shall be applicable to the Territory of Dakota, and shall have like effect as in the Territory of Colorado.

Approved March 2, 1863.

AN ACT AMENDATORY OF THE ORGANIC ACT OF COLORADO TERRITORY.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter the sessions of the Legislative Assembly of Colorado Territory shall be biennial. Members of the Council shall be elected for the term of four years, and members of the House for the term of two years, and shall receive the sum of six dollars per day instead of three dollars heretofore allowed, and shall also receive the same mileage now allowed by law.

Sec. 2. And be it further enacted, That each house shall have authority to elect, in addition to the officers now allowed by law, an enrolling clerk, who shall receive five dollars per day. The chief clerk shall receive six dollars per day, and the other officers elected by said Legislature shall receive five dollars per day each.

Sec. 3. And be it further enacted, That the members of the Legislative Assembly elected at the general election of said Territory in the year eighteen hundred and sixty-seven, shall compose the first Legislature under this act, and said Legislature shall meet at the time now fixed by law for the meeting of the Legislative Assembly of Colorado Territory.

Approved March 30th, 1867.

AN ACT TO REGULATE THE ELECTIVE FRANCHISE IN THE TERRITORIES OF THE UNITED STATES.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That from and after the passage of this act, there shall be no denial of the elective franchise in any of the territories of the United States, now, or hereafter to be organized, to any citizen thereof, on account of race, color, or previous condition of servitude; and all acts or parts of acts, either of Congress or the Legislative Assemblies of said Territories, inconsistent with the provisions of this act are hereby declared null and void.

SCHUYLER COLFAX,
Speaker of the House of Representatives.
LAFAYETTE S. FOSTER,
President of the Senate, pro tempore.

Endorsed by the President: Received on the 14th January, 1867.

[Note by the State Department.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the House of Congress, in which it originated, within the time prescribed by the Constitution of the United States, has become a law without his approval.]

AN ACT AMENDATORY OF “AN ACT TO PROVIDE A TEMPORARY GOVERNMENT FOR THE TERRITORY OF MONTANA.” APPROVED MAY 26th, 1864.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Legislative Assemblies of the several Territories of the United States shall not, after the passage of this act, grant private charters or especial privileges, but they may, by general incorporation acts, permit persons to associate themselves together as bodies corporate for mining, manufacturing, and other industrial pursuits.

Sec. 7. And be it further enacted, That from and after the first day of April next the salary of each of the judges of the several Supreme Courts, in each of the organized Territories (except Montana and Idaho), shall be two thousand five hundred dollars.

Sec. 8. And be it further enacted, That all acts and parts of acts inconsistent with this act are hereby repealed.

Approved March 2d, 1867.

AN ACT MAKING APPROPRIATIONS FOR THE LEGISLATIVE, EXECUTIVE, AND JUDICIAL EXPENSES OF THE GOVERNMENT FOR THE YEAR ENDING THE THIRTIETH OF JUNE, EIGHTEEN HUNDRED AND SEVENTY.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * * * * * * That hereafter the members of both branches of the Legislative Assemblies of the several Territories shall be chosen for the term of two years, and the sessions of the Legislative Assemblies shall be biennial; and each Territorial Legislature shall, at its first session after the passage of this act, make provision by law for carrying this act into effect.

Approved March 3d, 1869.

AN ACT REGULATING THE COMPENSATION OF THE MEMBERS AND OFFICERS OF THE LEGISLATIVE ASSEMBLIES OF THE SEVERAL TERRITORIES OF THE UNITED STATES, AND LIMITING THE DURATION OF THE SESSIONS OF SAID ASSEMBLIES.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the sessions of the Legislative Assemblies of the several Territories of the United States shall be limited to forty days duration.

Sec. 2. That the members of each branch of said Legislatures shall receive a compensation of six dollars per day during the sessions herein provided for, and they shall receive such mileage as now provided by law; Provided, That the President of the Council, and Speaker of the House of Representatives shall each receive a compensation of ten dollars per day, and that the additional officers of each branch of said Legislative Assemblies shall consist of one Chief Clerk, who shall receive a compensation of eight dollars per day, and of one Assistant Clerk, one Enrolling Clerk, one Engrossing Clerk, one Sergeant-at-arms, one Doorkeeper, one Messenger, and one Watchman, who shall each receive a compensation of five dollars per day during the sessions.

Sec. 3. That from and after the first day of July, eighteen hundred and seventy-three, the annual salaries of the Governors of the several Territories of the United States shall be three thousand five hundred dollars, and the salaries of the Secretaries of said Territories shall be two thousand five hundred dollars each.

Sec. 4. That the provisions of this act shall not apply to the District of Columbia; Provided, That no law of any Territorial Legislature shall be made or enforced by which any officer of a Territory herein provided for, or the officers or members of any Territorial Legislature shall be paid any compensation other than that provided by the laws of the United States.

Approved January 23, 1873.

CHAPTER III.

In 1861 the Kansas officials had disappeared. The Provisional government continued to exercise its partially acknowledged authority until the arrival of the United States appointees for the new Territory. These arrived on the 29th of May. The Federal officers, who then came, with their sealed commissions, were: William Gilpin, Governor; Lewis Ledyard Weld, Secretary; B. F. Hall, Chief Justice; S. N. Pettis, and Charles Lee Armor, Associate Justices; Copeland Townsend, Marshal; James E. Dalliba, Attorney General; F. M. Case, Surveyor General. The Provisional government now ceased. Its laws had been published, but not enforced, and its officers had the honor, but not the pay, of the positions they held.

Governor Gilpin was welcomed with undisguised pleasure. His greeting was a perfect ovation. The people now felt a new sense of security, for the strong arm of the General Government was in their midst. The Governor at once proceeded with commendable energy to discharge the functions of his high office. His first duty was to see the settlements of the Territory, and ascertain the character, condition and wants of the people. This visitation was accomplished with great celerity. Wherever the Governor went, the joy and hospitality of the people knew no bounds. Everywhere he was welcomed with bouquets, balls, congratulations. On his return to Denver, in accordance with his prescribed duty, a census was ordered. The returns exhibited a population of 25,329. The proportion of men to women was nearly five to one. The Governor, qualified July 8th, and was now in the full exercise of his authority. The other co-ordinate branch of Federal Government had now to be established. This was the United States Supreme Court. On July 10th, the Governor assigned the judges to their districts, and the Supreme Court immediately organized. On July 11th, he issued a proclamation, in which the Territory was declared to be one Congressional District, and the Congressional District to be divided into nine Council, and thirteen Representative Districts, and in which the election of a delegate to Congress, and of Legislative Assembly were ordered. The election was duly held on the 19th of August—Hiram P. Bennet was elected delegate to Congress. The Legislature of the Territory of Colorado convened on the 9th of September. They adopted full civil, and criminal codes. They recognized the miners as authority in mining legislation, acknowledged the legality of their courts, adopted their laws, confirmed their decisions, and arranged for the transfer of cases to the regular courts, so that no jarring, nor inconvenience was experienced. Great praise is due to this legislative body for the laws they enacted, and though some have been found faulty, and others repealed, yet they have effectually served the needs of the Territory. When the rebellion had been in progress for several months, Gov. Gilpin issued a call for volunteers. Recruits quickly responded to the call, and the first regiment of Colorado infantry, under Col. John P. Slough, soon took the field. This infantry was transformed into a cavalry regiment, and did good service in repelling the Texan invasion early in 1862. During this year immigration received a strong impetus. It was computed that the daily arrivals, averaging one hundred, added in a short time ten thousand to the population as returned by the census. The city of Denver, including Auraria and Highland, was again incorporated in November, 1861. Among the industries, placer mining was most successfully prosecuted, California gulch alone yielding one million dollars.

In April, 1862, Dr. John Evans superseded Governor William Gilpin. The levy of the second regiment of Colorado cavalry was made this year, and the troops ordered to Missouri. In 1863 they were consolidated with the third regiment raised in Colorado. This body of cavalry did effective service in Missouri, and in 1864 won considerable renown in the movements executed against Price in his last invasion. They took a prominent part in four battles, to wit: Mine Creek, Oct. 22; Westport, Oct. 23; Charlot, Oct. 25; Newtonia, Nov. 4. The quantity of gold obtained by gulch mining this year exceeded any previous yield. H. P. Bennet was re-elected delegate to Congress in September.

In the year 1863 began in the East the stupendous speculation in gold mines. The spirit of speculation had infected all classes of people, and financial schemes were quickly devised to draw millions from the public. Among these Colorado mines prominently figured. On the 19th of April Denver lost, by a severe conflagration, a sum estimated at a quarter of a million dollars. A branch telegraph line was completed from Julesburg to Denver in October, whereby telegraphic communication with the world was established. On the 7th of October a treaty was concluded with the Tabeguache band of Utah Indians, by which the Indian title to all of the settled portions of the mountains of Colorado, and most of the San Luis valley, was extinguished.

The year 1864 was the gloomy period of the rebellion. Speculation became a mania. Stock companies of the most gigantic character were organized on the basis of Colorado gold mines. It need hardly be said that thousands lost large sums by reckless investments in gold mining stocks. In the spring the Indians of the plains, composed of Sioux, Cheyennes, and Arapahoes, combined to carry on a bloody and exterminating war against the whites. They attacked the coaches; murdered, scalped, and mutilated the passengers. Exposed dwellings were surrounded and the inmates massacred. Emboldened by little or no resistance, they admitted no pause to their savage butcheries. This thoroughly roused the people to punish the hostile fiends. Twelve hundred men, under the command of Col. J. M. Chivington, hurried forward to meet the merciless savages, and arrest their work of horrors. They found and suddenly assailed a large troop of Cheyennes, about seven hundred in number, and with hearts steeled against mercy, dealt swift retribution, sparing neither age nor sex, until nearly all were destroyed. This stunning blow checked the Indian outrages. A temporary quiet ensued, and the roads were again animated with coaches and wagon trains. Much credit is due to Captain Tyler, who, with his brave company, opened and protected the line of communication with the States. On May 19th, a more disastrous calamity befell Denver than the fire of the preceding year. An appalling flood swept down Cherry Creek, overwhelming large buildings, and sweeping them and their contents down its destructive current. Twenty persons perished in the ruthless waters. The damages were computed to be a million dollars. Near the close of the Thirty-eighth Congress, a bill was passed, in response to a petition of the Colorado Legislature, enabling the territory to organize a State government and enter the Union. Under its provisions a convention met in Denver July 4th, 1864, and framed a constitution. This was rejected by the people on the second Tuesday of October. In the fall of 1864, A. A. Bradford was elected delegate to Congress.

In 1865 the Indians renewed hostilities, apparently determined to force back immigration. All intercourse with the East was interrupted for a time. Business was paralyzed. Lonely ranches were invaded, and their occupants fiendishly massacred. This second outbreak of the Indians was effectually checked by United States troops. In the spring of this year all parties concurred in another attempt to organize a state. A convention met in Denver in August, and framed a constitution, which was adopted by a majority of 155. A State legislature, and the complement of State officers, were elected November 14th. Ex-Governor William Gilpin was chosen State Governor. Ex-Governor John Evans and Jerome B. Chaffee were chosen senators by the legislature. Application for the admission of Colorado as a state was made during each session of the Thirty-ninth Congress. A strong disinclination to grant the application was manifested. An exigency, however, arose, which changed their disposition. The President, Andrew Johnson, had been impeached. The success of the impeachment was involved in doubt. To secure two senators and a representative, an enabling act was passed to admit the new state. The President, as might be expected, vetoed the bill. Governor John Evans was superseded by Alexander Cummings, who qualified October 19th.

In 1866 a reaction followed the prostration of trade and industry consequent upon the Indian outrages of the preceding year. An unwonted stimulus pervaded the territory. Mining pursuits were followed with fresh vigor. In Denver and other places building was carried on with unparalleled activity. Money became plentiful, and many laid the foundations of large fortunes. George M. Chilcott was elected delegate. Up to this time the bullion deposited in the mint amounted to 12,401,372 dollars, said to be less than half of the real yield.

On May 27th, 1867, A. C. Hunt superseded Governor Cummings. The struggle for statehood ended with the winter of 1867-8, when it was found impossible to pass the bill over the veto. In the fall the Denver Board of Trade was organized, which principally labored to initiate the enterprise of building a railroad to join the Union Pacific road at Cheyenne. Near the close of the year the Union Pacific road reached Cheyenne. The Denver Pacific Railway and Telegraph Company was incorporated November 18th, 1867. During this year the various interests of Colorado were ably represented at the Universal Exposition in Paris. The first gold medal was awarded to the minerals of Colorado. The French Government, moved by Colorado’s display at the Exposition, appointed an Imperial Commissioner, who visited the territory and reported his observations therein for the benefit of capital and science in France. The Kiowas and Comanches, the Cheyennes and Arapahoes were removed to reservations bordering on Colorado and Kansas, where their southern boundary lines meet. By their treaties they stipulate to withdraw opposition to immigrants, settlers, and lines of railroad.

In 1868 A. A. Bradford was again elected delegate to Congress.

On June 15th, 1869, Edward M. McCook superseded Governor A. C. Hunt.

The Denver Pacific Railway Company had been formed in 1867. Its principal object, as stated in the articles of incorporation, was to build a railroad and telegraph line to Cheyenne, and there connect with the Union Pacific road. After some delay the funds were secured, the construction of the road hastened, and on the 23d day of June, 1870, the first train arrived in Denver. On the 15th day of August, the Kansas Pacific Railway, 640 miles in length, was completed. In September, seventeen miles of the Colorado Central were finished. The connection of Golden with Denver was thereby effected. During this year successful efforts were made to plant colonies in choice sections of the Territory. The Meeker-Greeley colony was organized in New York in the winter of 1869-70, and located in the spring. It now has a population of 2,000, happy and prosperous, and distinguished by prohibition laws and devotion to temperance. The town site of the colony is a delta formed by the Cache-a-la-Poudre and South Platte rivers. The Chicago-Colorado colony is largely composed of Western men, and is animated by a liberal progressive spirit. The location of the colony is in every way most desirable. The energy and enterprise of the colonists excite great admiration. They have already a beautiful town, and a large extent of country under cultivation. The German colony may also be mentioned. It occupied Wet Mountain Valley, which lies in Pueblo and Fremont counties. Thus, by rapid transit, the Territory was brought into close communication with the States, and began to fill up with thousands, who, independently, or in co-operative association, settled for the purposes of agriculture. No sign so cheering as a settlement of a country by intelligent, enterprising farmers. Hardy, industrious miners had already crowded into the mountains, and skillful, energetic farmers now collected on the plains, intent to reap from them rich and abundant harvests. In the fall, Jerome B. Chaffee was elected delegate to Congress.

This year, 1871, dates the settlement of the Colorado Springs colony, distinguished for its rapid and prosperous growth. Situated seventy-five miles south from Denver, it became the temporary terminus of the Denver and Rio Grande railway, which was completed to that point during this year. The railroad has since passed on to Pueblo, and thence to La Veta, with branches to El Moro, and Canon City.

In 1872, Jerome B. Chaffee was re-elected delegate to Congress.

In 1873, a large immigration into the San Juan region commenced, owing to reports of rich mineral discoveries. S. H. Elbert superseded Gov. E. M. McCook. Following the custom of those removed from office, the ex-Governor proceeded to Washington to confer with the federal authorities, and in January, 1874, was re-appointed in place of Gov. Elbert. Severe and bitter editorials filled the columns of the press devoted to the fallen regime. A temporary division of the Republican party ensued. A lively contest for political supremacy followed and continued until the usual period for an election to Congress, when the two sides of the party marshaled themselves, the one to rebuke and the other to sustain the administration. The malcontents not only turned the election against the Republican nominee, H. P. H. Bromwell, but gave a large and unprecedented majority to the Democratic nominee, Thomas M. Patterson. This change in the popular vote deeply touched the administration, and it was determined, in order to reconcile the disaffected, to remove the obnoxious appointments, and fill the federal offices with men not implicated in the controversy.

During the year 1874, the South Park railroad was finished to Morrison.

John L. Routt, the successor to Gov. McCook, qualified on March 29th, 1875. He set to work without delay to unite the discordant factions and succeeded. The people in general were now fully persuaded that the time had come for demanding the privileges of Statehood. The Republican delegate, Jerome B. Chaffee, had during the winter of 1874-5, drawn up an Enabling Act with much skill, and by persistent effort and untiring zeal, had, in the face of strong opposition, effected the passage of the bill. Before its passage the Act was amended so as to postpone the date of admission to July 4th, 1876.

CHAPTER IV.

An Act to amend the Act entitled “An Act to enable the people of Colorado to form a constitution and State government, and for the admission of said State into the Union on an equal footing with the original States,” approved March 3, 1875.

ENABLING ACT.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 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.

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.

Sec. 3. 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 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 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 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 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 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; 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 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 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.

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 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-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.

Sec. 12. 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.

Sec. 13. 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.

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.

Approved March 3, 1875.

An Act to amend the Act entitled “An Act to enable the people of Colorado to form a constitution and State government, and for the admission of said State into the Union on an equal footing with the original States,” approved March 3, 1875.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of section three of the act entitled “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” approved March third, eighteen hundred and seventy-five, as reads “and also to vote upon the acceptance or rejection of such constitution as may be formed by said convention” be amended so as to read as follows: “And all who are qualified voters of said Territory under the laws thereof at such time as the constitution to be framed shall be submitted to the people for ratification or rejection shall be entitled to vote upon the question of such ratification or rejection.”

Sec. 2. That section thirteen of said act be amended by adding at the end of said section thirteen the following: “And if the balance of said legislative appropriations does not amount to the sum of twenty thousand dollars, then there shall be, and there hereby is, appropriated, out of any money in the treasury not otherwise appropriated, a sum sufficient, with the said unexpended appropriations, to make the sum of twenty thousand dollars, which shall be used for the purposes aforesaid: Provided, That any money hereby appropriated not necessary for such purposes shall be covered into the Treasury of the United States.”

Approved March 3, 1876.

Under this Act delegates to frame a constitution were duly elected. They met in convention in December, 1875, and continued their session to March 13th, 1876, when the convention adjourned sine die.

CHAPTER V.

CONSTITUTION.

PREAMBLE.

We, the people of Colorado, with profound reverence for the Supreme Ruler of the Universe, in order to form a more independent and perfect government; establish justice; insure tranquility; provide for the common defense; promote the general welfare and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the “State of Colorado.”

ARTICLE I.

BOUNDARIES.

The boundaries of the State of Colorado shall be as follows: 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.

ARTICLE II.

BILL OF RIGHTS.

In order to assert our rights, acknowledge our duties, and proclaim the principles upon which our government is founded, we declare:

Section 1. That all political power is vested in and derived from the people; that all government, of right, originates from the people, is founded upon their will only, and is instituted solely for the good of the whole.

Sec. 2. That the people of this State have the sole and exclusive right of governing themselves, as a free, sovereign and independent State; and to alter and abolish their constitution and form of government whenever they may deem it necessary to their safety and happiness, provided such change be not repugnant to the Constitution of the United States.

Sec. 3. That all persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness.

Sec. 4. That the free exercise and enjoyment of religious profession and worship, without discrimination, shall forever hereafter be guaranteed; and no person shall be denied any civil or political right, privilege, or capacity, on account of his opinions concerning religion; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the good order, peace, or safety of the State. No person shall be required to attend or support any ministry or place of worship, religious sect, or denomination against his consent. Nor shall any preference be given by law to any religious denomination or mode of worship.

Sec. 5. That all elections shall be free and open; and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.

Sec. 6. That courts of justice shall be open to every person, and a speedy remedy afforded for every injury to person, property, or character; and that right and justice should be administered without sale, denial, or delay.

Sec. 7. That the people shall be secure in their persons, papers, homes and effects from unreasonable searches and seizures; and no warrant to search any place or seize any person or thing shall issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation, reduced to writing.

Sec. 8. That, until otherwise provided by law, no person shall, for a felony, be proceeded against criminally, otherwise than by indictment, except in cases arising in the land and naval forces, or in the militia when in actual service in time of war or public danger. In all other cases offenses shall be prosecuted criminally by indictment or information.

Sec. 9. That treason against the State can consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort; that no person can be convicted of treason unless on the testimony of two witnesses to the same overt act, or on his confession in open court; that no person can be attainted of treason or felony by the General Assembly; that no conviction can work corruption of blood or forfeiture of estate; that the estates of such persons as may destroy their own lives shall descend or vest as in cases of natural death.

Sec. 10. That no law shall be passed impairing the freedom of speech; that every person shall be free to speak, write or publish whatever he will on any subject, being responsible for all abuse of that liberty; and that all suits and prosecutions for libel, the truth thereof may be given in evidence, and the jury, under the direction of the court, shall determine the law and the fact.

Sec. 11. That no ex post facto law, nor law impairing the obligation of contracts, or retrospective in its operation, or making any irrevocable grant of special privileges, franchises, or immunities, shall be passed by the General Assembly.

Sec. 12. That no person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases of tort or where there is a strong presumption of fraud.

Sec. 13. That the right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.

Sec. 14. That private property shall not be taken for private use unless by consent of the owner, except for private ways of necessity, and except for reservoirs, drains, flumes or ditches on or across the lands of others, for agricultural, mining, milling, domestic or sanitary purposes.

Sec. 15. That private property shall not be taken or damaged, for public or private use, without just compensation. Such compensation shall be ascertained by a board of commissioners, of not less than three freeholders, or by a jury when required by the owner of the property, in such manner as may be prescribed by law, and until the same shall be paid to the owner, or into court for the owner, the property shall not be needlessly disturbed, or the proprietary rights of the owner therein divested; and whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public, shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.

Sec. 16. That in criminal prosecutions the accused shall have the right to appear and defend in person and by counsel; to demand the nature and cause of the accusation; to meet the witnesses against him face to face; to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.

Sec. 17. That no person shall be imprisoned for the purpose of securing his testimony in any case longer than may be necessary in order to take his deposition. If he can give security he shall be discharged; if he cannot give security, his deposition shall be taken by some Judge of the Supreme, District, or County Court, at the earliest time he can attend, at some convenient place by him appointed for that purpose, of which time and place the accused and the attorney prosecuting for the people, shall have reasonable notice. The accused shall have the right to appear in person and by counsel. If he have no counsel, the Judge shall assign him one in that behalf only. On the completion of such examination the witness shall be discharged on his own recognizance, entered in before said Judge, but such deposition shall not be used if, in the opinion of the Court the personal attendance of the witness might be procured by the prosecution, or is procured by the accused. No exception shall be taken to such deposition as to matters of form.

Sec. 18. That no person shall be compelled to testify against himself in a criminal case, nor shall any person be twice put in jeopardy for the same offense. If the jury disagree, or if the judgment be arrested after verdict, or if the judgment be reversed for error in law, the accused shall not be deemed to have been in jeopardy.

Sec. 19. That all persons shall be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great.

Sec. 20. That excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Sec. 21. That the privilege of the writ of habeas corpus shall never be suspended, unless when, in case of rebellion or invasion, the public safety may require it.

Sec. 22. That the military shall always be in strict subordination to the civil power; that no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war except in the manner prescribed by law.

Sec. 23. The right of trial by jury shall remain inviolate in criminal cases; but a jury in civil cases in all courts, or in criminal cases in courts not of record, may consist of less than twelve men, as may be prescribed by law. Hereafter a Grand Jury shall consist of twelve men, any nine of whom concurring may find an indictment: Provided, the General Assembly may change, regulate or abolish the grand jury system.

Sec. 24. That the people have the right peaceably to assemble for the common good, and to apply to those invested with the powers of government for redress of grievances, by petition or remonstrance.

Sec. 25. That no person shall be deprived of life, liberty, or property, without due process of law.

Sec. 26. That there shall never be in this State either slavery or involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted.

Sec. 27. Aliens, who are, or who may hereafter become, bona fide residents of this State, may acquire, inherit, possess, enjoy and dispose of property real and personal, as native born citizens.

Sec. 28. The enumeration in this Constitution of certain rights shall not be construed to deny, impair, or disparage others retained by the people.

ARTICLE III.

DISTRIBUTION OF POWERS.

The powers of the government of this State are divided into three distinct departments—the Legislative, Executive and Judicial—and no person, or collection of persons, charged with the exercise of powers properly belonging to one of these departments, shall exercise any power properly belonging to either of the others, except as in this Constitution expressly directed or permitted.

ARTICLE IV.

EXECUTIVE DEPARTMENT.

Section 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor of State, State Treasurer, Attorney General, and Superintendent of Public Instruction, each of whom shall hold his office for the term of two years, beginning on the second Tuesday of January next after his election: Provided, That the terms of office of those chosen at the first election held under this Constitution, shall begin on the day appointed for the first meeting of the General Assembly. The officers of the Executive Department, excepting the Lieutenant Governor, shall, during their term of offices, reside at the seat of government, where they shall keep the public records books and papers. They shall perform such duties as are prescribed by this Constitution or by law.

Sec. 2. The supreme executive power of the State shall be vested in the Governor, who shall take care that the laws be faithfully executed.

Sec. 3. The officers named in section one of this article, shall be chosen on the day of the general election, by the qualified electors of the State. The returns of every election for said officers shall be sealed up and transmitted to the Secretary of State, directed to the Speaker of the House of Representatives who shall immediately, upon the organization of the House, and before proceeding to other business open and publish the same in the presence of a majority of the members of both Houses of the General Assembly, who shall for that purpose assemble in the House of Representatives. The person having the highest number of votes for either of said offices shall be declared duly elected, but if two or more have an equal and the highest number of votes for the same office, one of them shall be chosen thereto by the two Houses on joint ballot. Contested elections for the said offices shall be determined by the two Houses on joint ballot, in such manner as may be prescribed by law.

Sec. 4. No person shall be eligible to the office of Governor, Lieutenant Governor, or Superintendent of Public Instruction, unless he shall have attained the age of thirty years, nor to the office of Auditor of State, Secretary of State, or State Treasurer, unless he shall have attained the age of twenty-five years, nor to the office of Attorney General unless he shall have attained the age of twenty-five years, and be a licensed attorney of the Supreme Court of the State, or of the Territory of Colorado, in good standing. At the first election, under this Constitution, any person being a qualified elector at the time of the adoption of this Constitution, and having the qualifications above herein prescribed for any one of said officers shall be eligible thereto; but thereafter no person shall be eligible to any one of said offices, unless, in addition to the qualifications above prescribed therefor, he shall be a citizen of the United States and have resided within the limits of the State two years next preceding his election.

Sec. 5. The Governor shall be commander-in-chief of the military forces of the State, except when they shall be called into actual service of the United States. He shall have power to call out the militia to execute the laws, suppress insurrection, or repel invasion.

Sec. 6. The Governor shall nominate, and by and with the consent of the Senate, appoint all officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for, and may remove any such officer for incompetency, neglect of duty, or malfeasance in office. If during the recess of the Senate a vacancy occur in any such office, the Governor shall appoint some fit person to discharge the duties thereof until the next meeting of the Senate, when he shall nominate some person to fill such office. If the office of Auditor of State, State Treasurer, Secretary of State, Attorney General, or Superintendent of Public Instruction, shall be vacated by death, resignation, or otherwise, it shall be the duty of the Governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. The Senate in deliberating upon executive nominations may sit with closed doors, but in acting upon nominations they shall sit with open doors, and the vote shall be taken by ayes and noes, which shall be entered upon the journal.

Sec. 7. The Governor shall have power to grant reprieves, commutations and pardons after conviction, for all offenses except treason, and except in case of impeachment, subject to such regulations as may be prescribed by law relative to the manner of applying for pardons, but he shall in every case, where he may exercise this power, send to the General Assembly, at its first session thereafter, a transcript of the petition, all proceedings, and the reasons for his action.

Sec. 8. The Governor may require information in writing from the officers of the Executive Department upon any subject relating to the duties of their respective offices, which information shall be given upon oath whenever so required; he may also require information in writing at any time, under oath, from all officers and managers of State institutions, upon any subject relating to the condition, management and expenses of their respective offices and institutions. The Governor shall, at the commencement of each session, and from time to time, by message, give to the General Assembly information of the condition of the State, and shall recommend such measures as he shall deem expedient. He shall also send to the General Assembly a statement, with vouchers, of the expenditures of all moneys belonging to the State, and paid out by him. He shall, also, at the commencement of each session, present estimates of the amount of money required to be raised by taxation for all purposes of the State.

Sec. 9. The Governor may, on extraordinary occasions, convene the General Assembly, by proclamation, stating therein the purpose for which it is assembled; but at such special session no business shall be transacted other than that specially named in the proclamation. He may, by proclamation, convene the Senate in extraordinary session for the transaction of executive business.

Sec. 10. The Governor, in case of a disagreement between the two Houses as to the time of adjournment, may, upon the same being certified to him by the House last moving adjournment, adjourn the General Assembly to a day not later than the first day of the next regular session.

Sec. 11. Every bill passed by the General Assembly shall, before it becomes a law, be presented to the Governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections, to the House in which it originated, which House shall enter the objections at large upon its journal, and proceed to reconsider the bill. If then two-thirds of the members elected agree to pass the same, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of the members elected to that House, it shall become a law, notwithstanding the objections of the Governor. In all such cases the vote of each House shall be determined by ayes and noes, to be entered upon the journal. If any bill shall not be returned by the Governor within ten days after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the General Assembly shall, by their adjournment, prevent its return, in which case it shall be filed, with his objections, in the office of the Secretary of State, within thirty days after such adjournment, or else become a law.

Sec. 12. The Governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and part or parts of the bill approved shall be law, and the item or items disapproved shall be void, unless enacted in manner following: If the General Assembly be in session, he shall transmit to the House, in which the bill originated, a copy of the item or items thereof disapproved, together with his objections thereto, and the items objected to shall be separately reconsidered, and each item shall then take the same course as is prescribed for the passage of bills over the Executive veto.

LIEUTENANT GOVERNOR.

Sec. 13. In case of the death, impeachment, or conviction of felony or infamous misdemeanor, failure to qualify, resignation, absence from the State, or other disability of the Governor, the powers, duties and emoluments of the office, for the residue of the term, or until the disability be removed, shall devolve upon the Lieutenant Governor.

Sec. 14. The Lieutenant Governor shall be President of the Senate, and shall vote only when the Senate is equally divided. In case of the absence, impeachment or disqualification from any cause of the Lieutenant Governor, or when he shall hold the office of Governor, then the President pro tem. of the Senate shall perform the duties of the Lieutenant Governor, until the vacancy is filled or the disability removed.

Sec. 15. In case of the failure to qualify in his office, death, resignation, absence from the State, impeachment, conviction of felony, or infamous misdemeanor, or disqualification from any cause, of both the Governor and Lieutenant Governor, the duties of the Governor shall devolve on the President of the Senate pro tem., until such disqualification of either the Governor or Lieutenant Governor be removed, or the vacancy be filled; and if the President of the Senate, for any of the above named causes, shall become incapable of performing the duties of Governor, the same shall devolve upon the Speaker of the House.

Sec. 16. An account shall be kept by the officers of the Executive Department, and of all public institutions of the State, of all moneys received by them severally from all sources, and for every service performed, and of all moneys disbursed by them severally, and a semi-annual report thereof shall be made to the Governor, under oath.

Sec. 17. The officers of the Executive Department, and of all public institutions of the State, shall, at least twenty days preceding each regular session of the General Assembly, make full and complete report of their actions to the Governor, who shall transmit the same to the General Assembly.

Sec. 18. There shall be a seal of the State, which shall be kept by the Secretary of State, and shall be called the “Great Seal of the State of Colorado.” The seal of the Territory of Colorado, as now used, shall be the seal of the State until otherwise provided by law.

Sec. 19. The officers named in section one of this article, shall receive for their services a salary to be established by law, which shall not be increased or diminished during their official terms. It shall be the duty of all such officers to collect in advance all fees prescribed by law for services rendered by them severally, and pay the same into the State treasury.

Sec. 20. The Superintendent of Public Instruction shall be ex officio State Librarian.

Sec. 21. Neither the State Treasurer nor State Auditor shall be eligible for re-election as his own immediate successor.

ARTICLE V.

LEGISLATIVE DEPARTMENT.

Section 1. The legislative power shall be vested in the General Assembly, which shall consist of a Senate and House of Representatives, both to be elected by the people.

Sec. 2. An election for members of the General Assembly shall be held on the first Tuesday in October, in the years of our Lord 1876 and 1878, and in each alternate year thereafter, on such day, at such places in each county as now are, or hereafter may be, provided by law. The first election for members of the General Assembly under the State organization shall be conducted in the manner prescribed by the laws of Colorado Territory regulating elections for members of the Legislative Assembly thereof. When vacancies occur in either House, the Governor, or person exercising the powers of Governor, shall issue writs of election to fill such vacancies.

Sec. 3. Senators shall be elected for the term of four years, except as hereinafter provided, and Representatives for the term of two years.

Sec. 4. No person shall be a Representative or Senator who shall not have attained the age of twenty-five years, who shall not be a citizen of the United States, who shall not for at least twelve months next preceding his election have resided within the Territory included in the limits of the county or district in which he shall be chosen: Provided, That any person who at the time of the adoption of this Constitution was a qualified elector under the Territorial laws, shall be eligible to the first General Assembly.

Sec. 5. The Senators, at their first session, shall be divided into two classes. Those elected in districts designated by even numbers shall constitute one class; those elected in districts designated by odd numbers shall constitute the other class, except that Senators elected in each of the districts having more than one Senator shall be equally divided between the two classes. The Senators of one class shall hold for two years; those of the other class shall hold for four years—to be decided by lot between the two classes, so that one-half of the Senators, as near as practicable, may be biennially chosen forever thereafter.

Sec. 6. Each member for the first General Assembly, as a compensation for his services, shall receive four dollars for each day’s attendance, and fifteen cents for each mile necessarily traveled in going to and returning from the seat of government; and shall receive no other compensation, perquisite or allowance whatsoever. No session of the General Assembly, after the first, shall exceed forty days. After the first session, the compensation of the members of the General Assembly shall be as provided by law: Provided, That no General Assembly shall fix its own compensation.

Sec. 7. The General Assembly shall meet at 12 o’clock, noon, on the first Wednesday in November, A. D. 1876; and at 12 o’clock, noon, on the first Wednesday in January, A. D. 1879; and at 12 o’clock, noon, on the first Wednesday in January of each alternate year forever thereafter, and at other times when convened by the Governor. The term of service of the members thereof shall begin on the first Wednesday of November next after their election, until otherwise provided by law.

Sec. 8. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this State; and no member of Congress, or other person holding any office (except of attorney-at-law, notary public, or in the militia) under the United States, or this State, shall be a member of either House during his continuance in office.

Sec. 9. No member of either House shall, during the term for which he may have been elected, receive any increase of salary or mileage, under any law passed during such term.

Sec. 10. The Senate shall, at the beginning and close of each regular session, and at such other times as may be necessary, elect one of its members President pro tempore. The House of Representatives shall elect one of its members as Speaker. Each House shall choose its other officers, and shall judge of the election and qualification of its members.

Sec. 11. A majority of each House shall constitute a quorum, but a smaller number may adjourn from day to day, and compel the attendance of absent members.

Sec. 12. Each House shall have power to determine the rules of its proceedings and punish its members or other persons for contempt or disorderly behavior in its presence; to enforce obedience to its process; to protect its members against violence, or offers of bribes, or private solicitation, and, with the concurrence of two-thirds, to expel a member, but not a second time for the same cause, and shall have all other powers necessary for the Legislature of a free State. A member, expelled for corruption, shall not thereafter be eligible to either House of the same General Assembly, and punishment for contempt or disorderly behavior shall not bar an indictment for the same offense.

Sec. 13. Each House shall keep a journal of its proceedings, and may, in its discretion, from time to time, publish the same, except such parts as require secrecy, and the ayes and noes on any question shall, at the desire of any two members, be entered on the journal.

Sec. 14. The sessions of each House, and of the committees of the whole, shall be open, unless when the business is such as ought to be kept secret.

Sec. 15. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

Sec. 16. The members of the General Assembly shall, in all cases except treason, felony, violation of their oath of office, and breach or surety of the peace, be privileged from arrest during their attendance at the sessions of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House they shall not be questioned in any other place.

Sec. 17. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either House as to change its original purpose.

Sec. 18. The style of the laws of this State shall be: “Be it enacted by the General Assembly of the State of Colorado.”

Sec. 19. No act of the General Assembly shall take effect until ninety days after its passage, unless in case of emergency (which shall be expressed in the preamble or body of the act) the General Assembly shall, by a vote of two-thirds of all the members elected to each House, otherwise direct. No bill, except the general appropriation for the expenses of the government only, introduced in either House of the General Assembly after the first twenty-five days of the session, shall become a law.

Sec. 20. No bill shall be considered or become a law unless referred to a committee, returned therefrom, and printed for the use of the members.

Sec. 21. No bill, except general appropriation bills, shall be passed containing more than one subject, which shall be clearly expressed in its title; but if any subject shall be embraced in any act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed.

Sec. 22. Every bill shall be read at length on three different days in each House; all substantial amendments made thereto shall be printed for the use of the members, before the final vote is taken on the bill; and no bill shall become a law except by vote of a majority of all the members elected to each House, nor unless on its final passage the vote be taken by ayes and noes, and the names of those voting be entered on the journal.

Sec. 23. No amendment to any bill by one House shall be concurred in by the other, nor shall the report of any committee of conference be adopted in either House, except by a vote of a majority of the members elected thereto, taken by ayes and noes, and the names of those voting recorded upon the journal thereof.

Sec. 24. No law shall be revived, or amended, or the provisions thereof extended or conferred by reference to its title only, but so much thereof as is revived, amended, extended or conferred, shall be re-enacted and published at length.

Sec. 25. The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: for granting divorces; laying out, opening, altering or working roads or highways; vacating roads, town plats, streets, alleys and public grounds; locating or changing county seats; regulating county or township affairs; regulating the practice in courts of justice; regulating the jurisdiction and duties of justices of the peace, police magistrates and constables; changing the rules of evidence in any trial or inquiry; providing for changes of venue in civil or criminal cases; declaring any person of age; for limitation of civil actions or giving effect to informal or invalid deeds; summoning or impaneling grand or petit juries; providing for the management of common schools; regulating the rate of interest on money; the opening or conducting of any election, or designating the place of voting; the sale or mortgage of real estate belonging to minors or others under disability; the protection of game or fish; chartering or licensing ferries or toll bridges; remitting fines, penalties, or forfeitures; creating, increasing, or decreasing fees, per centage, or allowances of public officers; changing the law of descent; granting to any corporation, association, or individual the right to lay down railroad tracks; granting to any corporation, association, or individual any special or exclusive privilege, immunity, or franchise whatever. In all other cases, where a general law can be made applicable, no special law shall be enacted.

Sec. 26. The presiding officer of each House shall, in the presence of the House over which he presides, sign all bills and joint resolutions passed by the General Assembly, after their titles shall have been publicly read, immediately before signing; and the fact of signing shall be entered on the journal.

Sec. 27. The General Assembly shall prescribe by law the number, duties and compensation of the officers and employes of each House; and no payment shall be made from the State Treasury, or be in any way authorized to any person, except to an acting officer or employe elected or appointed in pursuance of law.

Sec. 28. No bill shall be passed giving any extra compensation to any public officer, servant or employe, agent or contractor, after services shall have been rendered or contract made, nor providing for the payment of any claim made against the State without previous authority of law.

Sec. 29. All stationery, printing, paper and fuel used in the legislative and other departments of government, shall be furnished; and the printing, and binding, and distributing of the laws, journals, department reports, and other printing and binding; and the repairing and furnishing the halls and rooms used for the meeting of the General Assembly and its committees, shall be performed under contract, to be given to the lowest responsible bidder, below such maximum price and under such regulations as may be prescribed by law. No member or officer of any department of the government shall be in any way interested in any such contract; and all such contracts shall be subject to the approval of the Governor and State Treasurer.

Sec. 30. Except as otherwise provided in this Constitution, no law shall extend the term of any public officer, or increase or diminish his salary or emoluments after his election or appointment: Provided, This shall not be construed to forbid the General Assembly to fix the salary or emoluments of those first elected or appointed under this Constitution.

Sec. 31. All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose amendments, as in case of other bills.

Sec. 32. The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the Executive, Legislative and Judicial Departments of the State, interest on the public debt, and for public schools. All other appropriations shall be made by separate bills, each embracing but one subject.

Sec. 33. No money shall be paid out of the treasury except upon appropriations made by law, and on warrant drawn by the proper officer in pursuance thereof.

Sec. 34. No appropriation shall be made for charitable, industrial, educational or benevolent purposes, to any person, corporation, or community not under the absolute control of the State, nor to any denominational or sectarian institution or association.

Sec. 35. The General Assembly shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property or effects, whether held in trust or otherwise, or to levy taxes, or to perform any municipal function whatever.

Sec. 36. No act of the General Assembly shall authorize the investment of trust funds by executors, administrators, guardians, or other trustees, in the bonds or stock of any private corporation.

Sec. 37. The power to change the venue in civil and criminal cases shall be vested in the courts, to be exercised in such a manner as shall be provided by law.

Sec. 38. No obligation or liability of any person, association or corporation, held or owned by the State, or any municipal corporation therein, shall ever be exchanged, transferred, remitted, released or postponed, or in any way diminished by the General Assembly, nor shall such liability or obligation be extinguished except by payment thereof into the proper treasury.

Sec. 39. Every order, resolution or vote to which the concurrence of both Houses may be necessary, except on the question of adjournment, or relating solely to the transaction of business of the two Houses, shall be presented to the Governor, and before it shall take effect, be approved by him, or being disapproved, shall be re-passed by two-thirds of both Houses, according to the rules and limitations prescribed in case of a bill.

Sec. 40. If any person elected to either House of the General Assembly shall offer or promise to give his vote or influence in favor of or against any measure or proposition, pending or proposed to be introduced into the General Assembly, in consideration or upon condition that any other person elected to the same General Assembly will give or will promise or assent to give his vote or influence in favor of or against any other measure or proposition, pending or proposed to be introduced in such General Assembly, the person making such offer or promise, shall be deemed guilty of solicitation of bribery. If any member of the General Assembly shall give his vote or influence for or against any measure or proposition pending in such General Assembly, or offer, promise or assent so to do, upon condition that any other member will give or will promise or assent to give his vote or influence in favor of or against any other measure or proposition pending or proposed to be introduced in such General Assembly, or in consideration that any other member hath given his vote or influence for or against any other measure or proposition in such General Assembly, he shall be deemed guilty of bribery, and any member of the General Assembly, or person elected thereto, who shall be guilty of either of such offenses shall be expelled, and shall not be thereafter eligible to the same General Assembly; and, on the conviction thereof in the civil courts, shall be liable to such further penalty as may be prescribed by law.

Sec. 41. Any person who shall directly or indirectly offer, give or promise any money or thing of value, testimonial, privilege or personal advantage to any executive or judicial officer or member of the General Assembly to influence him in the performance of any of his public or official duties, shall be deemed guilty of bribery, and be punished in such manner as shall be provided by law.

Sec. 42. The offense of corrupt solicitation of members of the General Assembly, or of public officers of the State, or of any municipal division thereof, and any occupation or practice of solicitation of such members or officers to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment.

Sec. 43. A member who has a personal or private interest in any measure or bill proposed or pending before the General Assembly, shall disclose the fact to the House of which he is a member, and shall not vote thereon.

CONGRESSIONAL AND LEGISLATIVE APPORTIONMENT.

Sec. 44. One Representative in the Congress of the United States shall be elected from the State at large at the first election under this Constitution, and thereafter at such times and places and in such manner as may be prescribed by law. When a new apportionment shall be made by Congress, the General Assembly shall divide the State into Congressional Districts accordingly.

Sec. 45. The General Assembly shall provide by law for an enumeration of the inhabitants of the State in the year of our Lord 1885, and every tenth year thereafter; and at the session next following such enumeration, and also at the session next following an enumeration made by the authority of the United States, shall revise and adjust the apportionment for Senators and Representatives on the basis of such enumeration, according to ratios to be fixed by law.

Sec. 46. The Senate shall consist of twenty-six, and the House of Representatives forty-nine members, which number shall not be increased until the year of our Lord one thousand eight hundred and ninety, after which time the General Assembly may increase the number of Senators and Representatives, preserving, as near as may be, the present proportion as to the number in each House: Provided, That the aggregate number of Senators and Representatives shall never exceed one hundred.

Sec. 47. Senatorial and Representative Districts may be altered from time to time, as public convenience may require. When a Senatorial or Representative District shall be composed of two or more counties, they shall be contiguous, and the district as compact as may be. No county shall be divided in the formation of a Senatorial or Representative District.

Sec. 48. Until the State shall be divided into Senatorial Districts, in accordance with the provisions of this article, said districts shall be constituted and numbered as follows:

The county of Weld shall constitute the first district, and be entitled to one Senator.

The county of Larimer shall constitute the second district, and be entitled to one Senator.

The county of Boulder shall constitute the third district, and be entitled to two Senators.

The county of Gilpin shall constitute the fourth district, and be entitled to one Senator.

The counties of Gilpin, Summit and Grand shall constitute the fifth district, and be entitled to one Senator.

The county of Clear Creek shall constitute the sixth district, and be entitled to two Senators.

The county of Jefferson shall constitute the seventh district, and be entitled to one Senator.

The county of Arapahoe shall constitute the eighth district, and be entitled to four Senators.

The counties of Elbert and Bent shall constitute the ninth district, and be entitled to one Senator.

The county of El Paso shall constitute the tenth district, and be entitled to one Senator.

The county of Douglas shall constitute the eleventh district, and be entitled to one Senator.

The county of Park shall constitute the twelfth district, and be entitled to one Senator.

The counties of Lake and Saguache shall constitute the thirteenth district, and be entitled to one Senator.

The county of Fremont shall constitute the fourteenth district, and be entitled to one Senator.

The county of Pueblo shall constitute the fifteenth district, and be entitled to one Senator.

The county of Huerfano shall constitute the sixteenth district, and be entitled to one Senator.

The county of Las Animas shall constitute the seventeenth district, and be entitled to two Senators.

The county of Costilla shall constitute the eighteenth district, and be entitled to one Senator.

The county of Conejos shall constitute the nineteenth district, and be entitled to one Senator.

The counties of Rio Grande, Hinsdale, La Plata and San Juan shall constitute the twentieth district, and be entitled to one Senator.

Sec. 49. Until an apportionment of Representatives be made in accordance with the provisions of this article, they shall be divided among the several counties of the State in the following manner: The county of Arapahoe shall have seven; the counties of Boulder and Clear Creek, each, four; the counties of Gilpin and Las Animas, each, three; the counties of El Paso, Fremont, Huerfano, Jefferson, Pueblo and Weld, each, two; the counties of Bent, Costilla, Conejos, Douglas, Elbert, Grand, Hinsdale, Larimer, La Plata, Lake, Park, Rio Grande, Summit, Saguache and San Juan, each, one; and the counties of Costilla and Conejos, jointly, one.

ARTICLE VI.

JUDICIAL DEPARTMENT.

Section 1. The judicial powers of the State, as to matters of law and equity, except as in this Constitution otherwise provided, shall be vested in a Supreme Court, District Courts, County Courts, Justices of the Peace, and such other courts as may be created by law for cities and incorporated towns.

SUPREME COURT.

Sec. 2. The Supreme Court, except as otherwise provided in this Constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, and shall have a general superintending control over all inferior courts, under such regulations and limitations as may be prescribed by law.

Sec. 3. It shall have power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, injunction, and other original and remedial writs, with authority to hear and determine the same.

Sec. 4. At least two terms of the Supreme Court shall be held each year at the seat of government.

Sec. 5. The Supreme Court shall consist of three judges, a majority of whom shall be necessary to form a quorum or pronounce a decision.