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Enabling ActAN ACT TO ENABLE THE PEOPLE OF COLORADO TO FORM A CONSTITUTION AND STATE GOVERNMENT, AND FOR THE ADMISSION OF THE SAID STATE INTO THE UNION ON AN EQUAL FOOTING WITH THE ORIGINAL STATES. Be it enacted by the senate and house of representatives of the United States of America in congress assembled: 1. Authority to form state. That the inhabitants
of the territory of Colorado included in the boundaries hereinafter designated, be, and
they are hereby authorized to form for themselves, out of said territory, a state
government, with the name of the state of Colorado; which state, when formed, shall be
admitted into the Union upon an equal footing with the original states in all respects
whatsoever, as hereinafter provided. 2. Boundaries. That the said state of Colorado
shall consist of all the territory included within the following boundaries, towit:
commencing on the thirtyseventh parallel of north latitude where the twentyfifth
meridian of longitude west from Washington crosses the same; thence north, on same
meridian, to the fortyfirst parallel of north latitude; thence along said parallel west
to the thirtysecond meridian of longitude west from Washington; thence south on said
meridian, to the thirtyseventh parallel of north latitude; thence along said
thirtyseventh parallel of north latitude to the place of beginning. 3. Convention election apportionment
proclamation. That all persons qualified by law to vote for representatives to the
general assembly of said territory, at the date of the passage of this act, shall be
qualified to be elected, and they are hereby authorized to vote for and choose
representatives to form a convention, under such rules and regulations as the governor of
said territory, the chief justice, and the United States attorney thereof may prescribe;
and also to vote upon the acceptance or rejection of such constitution as may be formed by
said convention, under such rules and regulations as said convention may prescribe; and
the aforesaid representatives to form the aforesaid convention shall be apportioned among
the several counties in said territory in proportion to the vote polled in each of said
counties at the last general election as near as may be; and said apportionment shall be
made for said territory by the governor, United States district attorney, and chief
justice thereof, or any two of them; and the governor of said territory shall, by
proclamation, order an election of the representatives aforesaid, to be held throughout
the territory at such time as shall be fixed by the governor, chief justice and United
States attorney, or any two of them; which proclamation shall be issued within ninety days
next after the first day of September, eighteen hundred and seventyfive, and at least
thirty days prior to the time of said election; and such election shall be conducted in
the same manner as is prescribed by the laws of said territory regulating elections
therein, for members of the house of representatives; and the number of members to said
convention shall be the same as now constitutes both branches of the legislature of the
aforesaid territory. 4. Constitutional convention requirements of
constitution. That the members of the convention thus elected shall meet at the
capital of said territory, on a day to be fixed by said governor, chief justice, and
United States attorney, not more than sixty days subsequent to the day of election, which
time of meeting shall be contained in the aforesaid proclamation mentioned in the third
section of this act, and after organization, shall declare, on behalf of the people of
said territory, that they adopt the constitution of the United States; whereupon the said
convention shall be and is hereby authorized to form a constitution and state government
for said territory; provided, that the constitution shall be republican in form, and make
no distinction in civil or political rights on account of race or color, except Indians
not taxed, and not be repugnant to the constitution of the United States and the
principles of the declaration of independence; and, provided further, that said convention
shall provide by an ordinance irrevocable without the consent of the United States and the
people of said state; first, that perfect toleration of religious sentiment shall be
secured, and no inhabitant of said state shall ever be molested in person or property, on
account of his or her mode of religious worship; secondly, that the people inhabiting said
territory do agree and declare that they forever disclaim all right and title to the
unappropriated public lands lying within said territory, and that the same shall be and
remain at the sole and entire disposition of the United States; and that the lands
belonging to citizens of the United States residing without said state shall never be
taxed higher than the lands belonging to residents thereof, and that no taxes shall be
imposed by the state on lands or property therein belonging to, or which may hereafter be
purchased by the United States. 5. Adoption of constitution president to proclaim.
That in case the constitution and state government shall be formed for the people of said
territory of Colorado, in compliance with the provisions of this act, said convention
forming the same shall provide by ordinance for submitting said constitution to the people
of said state for their ratification or rejection, at an election to be held at such time,
in the month of July, eighteen hundred and seventysix, and at such places and under such
regulations as may be prescribed by said convention, at which election the lawful voters
of said new state shall vote directly for or against the proposed constitution; and the
returns of said election shall be made to the acting governor of the territory, who, with
the chief justice and United States attorney of said territory, or any two of them, shall
canvass the same; and if a majority of the legal votes shall be cast for said constitution
in said proposed state, the said acting governor shall certify the same to the president
of the United States, together with a copy of said constitution and ordinances, whereupon
it shall be the duty of the president of the United States to issue his proclamation
declaring the state admitted into the Union on an equal footing with the original states,
without any further action whatever on the part of Congress. 6. One representative officers election.
That until the next general census said state shall be entitled to one representative in
the house of representatives of the United States, which representative, together with the
governor and state and other officers provided for in said constitution, shall be elected
on a day subsequent to the adoption of the constitution, and to be fixed by said
constitutional convention; and until said state officers are elected and qualified under
the provisions of the constitution, the territorial officers shall continue to discharge
the duties of their respective offices. 7. School lands. The sections numbered sixteen
and thirtysix in every township, and where such sections have been sold or otherwise
disposed of by any act of congress, other lands equivalent thereto in legal subdivisions
of not more than one quartersection, and as contiguous as may be, are hereby granted to
said state for the support of common schools. 8. Land for public buildings. That, provided the
state of Colorado shall be admitted into the Union in accordance with the foregoing
provisions of this act, fifty entire sections of the unappropriated public lands within
said state, to be selected and located by direction of the legislature thereof, and with
the approval of the president, on or before the first day of January, eighteen hundred and
seventyeight, shall be and are hereby granted, in legal subdivisions of not less than
one quartersection, to said state for the purpose of erecting public buildings at the
capital of said state, for legislative and judicial purposes, in such manner as the
legislature shall prescribe. 9. Land for penitentiary. That fifty other entire
sections of land as aforesaid, to be selected and located and with the approval as
aforesaid, in legal subdivisions as aforesaid, shall be, and they are hereby granted, to
said state for the purpose of erecting a suitable building for a penitentiary or state
prison in the manner aforesaid. 10. Land for university. That seventytwo other
sections of land shall be set apart and reserved for the use and support of a state
university, to be selected and approved in manner as aforesaid, and to be appropriated and
applied as the legislature of said state may prescribe for the purpose named and for no
other purpose. 11. Salt springs. That all salt springs within
said state not exceeding twelve in number, with six sections of land adjoining, and as
contiguous as may be to each, shall be granted to said state for its use, the said land to
be selected by the governor of said state within two years after the admission of the
state, and when so selected to be used and disposed of on such terms, conditions and
regulations as the legislature shall direct; provided, that no salt springs or lands, the
right whereof is now vested in any individual or individuals, or which hereafter shall be
confirmed or adjudged to any individual or individuals, shall by this act be granted to
said state. 12. Sale of agricultural lands. That five per
centum of the proceeds of the sales of agricultural public lands lying within said state,
which shall be sold by the United States subsequent to the admission of said state into
the Union, after deducting all the expenses incident to the same, shall be paid to the
said state for the purpose of making such internal improvements within said state as the
legislature thereof may direct; provided, that this section shall not apply to any lands
disposed of under the homestead laws of the United States, or to any lands now or
hereafter reserved for public or other uses. 13. Unexpended balance of appropriations. That
any balance of the appropriations for the legislative expenses of said territory of
Colorado remaining unexpended, shall be applied to and used for defraying the expenses of
said convention, and for the payment of the members thereof, under the same rules and
regulations and rates as are now provided by law for the payment of the territorial
legislature. 14. School lands how sold. That the two
sections of land in each township herein granted for the support of common schools shall
be disposed of only at public sale and at a price not less than two dollars and fifty
cents per acre, the proceeds to constitute a permanent school fund, the interest of which
to be expended in the support of common schools. 15. Mineral lands excepted. That all mineral lands shall be excepted from the operation and grants of this act.
Please send comments to Independence Institute, 14142 Denver West Pkwy., suite 185,
Golden, CO 80401 Phone 303-279-6536 (fax) 303-279-4176 (email)webmngr@i2i.org
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