Nevada Territory: Third Territorial Legislature PDF Print
 
Administrative History

Several actions were taken at the Third Legislative Session of the Territory of Nevada which are of interest concerning further development of county government, incorporation of municipalities and memorials to Congress.

am_flatmap.jpgThis last legislative session of the Territory of Nevada, which met January 12, 1864 and adjourned at the end of the 40 days allowed by the Organic Act, on February 20, 1864 extended local governing authority to several other communities. The session passed acts incorporating the city of Austin in Lander County; the city of Aurora in Esmeralda County, previously granted a charter as the town of Aurora by the Board of Supervisors of Mono County, State of California, when the location was in dispute between California and Nevada; and the city of Star in Humboldt County. The City of Virginia was reincorporated at this session, having been incorporated as Virginia by Nevada Territory in 1862, and formerly incorporated as Virginia City by Utah Territory in 1861.  With the 1862 incorporation of Gold Hill, the three sessions of the Territory of Nevada established five incorporated cities and towns; Aurora, Austin, Gold Hill, Star, and Virginia.

An additional county was formed by the Third Session when Nye County was created out of the eastern part of Esmeralda County, reducing that county to less than half its former size. Nye County was attached to Lander County for judicial district purposes. The county seat was to be located at a point selected by the voters; however, until such selection the Governor was authorized to name the county seat. The same session provided for the organization of Churchill County, one of the original nine created in 1861 and formerly attached to Lyon County for judicial, county, and revenue purposes. In addition, the boundary lines for Lander County and Lyon County were changed at the session.

One of the original nine counties, Roop County (formerly Lake County), was attached to Washoe County for certain purposes at this last Territorial Session. Roop County was not abolished until 1883, when its area, along with the original area of Washoe County, formed one county from that date on. This 1864 attachment gave Washoe County its unique elongated area reaching north to Oregon.

The third and last session of the Territorial Legislature made no mention of statehood, which may indicate that it had some premonition as to what was going to happen. Statehood was coming to a head. A writer on the subject said, somewhat bitterly, that "agitation continues, particularly by aspiring politicians." The determining causes were not personal, however, nor in the interests of aspiring politicians, but were reasons of state. Moderate Republican forces in Congress, recognizing the presidential need for support in the 1864 election (a three-way race pitting Lincoln and General John C. Frémont, candidate for the radical Republicans; and General George McClellan, a Democrat), soon passed an enabling act that paved the way for statehood.

Photo credit:  Map accompanying petition to redraw boundaries of Gold Hill Township, 1864 Session.  Nevada State Library and Archives.

Records of the Third Territorial Legislature

Working Records  January 12, 1864 to Feb. 20, 1864            5 cubic feet       TERR-0171 to TERR-0180

Original working documents of the Third Territorial Legislature include manuscript and printed bills, in draft and/or final form; draft Council and House daily journals; petitions; concurrent resolutions; manuscript reports of Territorial officers; bound and printed bills; and correspondence.  Each bill contains notations about actions taken:  readings, bill passage or defeat, and date signed by the Governor.  The journals, maintained separately by both the Council and House, contain minutes of proceedings, corrections made by paste-ins or cross-outs, text of bills cut from newspapers, and roll call votes.

These records are arranged by body of origin, either Council or House.  Bills are in numerical order, followed by journals and other items.  The bill files for both Council and house are incomplete.

Official Records        1864                          5 vols.

The official records of the Territorial Legislatures are comprised of bound volumes, which were originally sent to the U.S. Congress for approval.  There are three or four series for each legislative session:  Council, House, General Legislature, and Governor.  Similar volumes appear in each:  proceedings, journals, indexes, general orders, 3rd readings of bills, bill registers, and various others.  Not all types are present in each session or for each chamber of the Legislature.

Third Session:  Council

Item:  TLEGIS-0016     Old #:  T/V/A3/6                           Date:  1864
Type:  Volume
Remarks:  Council journal, 3rd Session
Agency:  Legislature, Territorial
Division:  Council

Third Session:  House

Item:  TLEGIS-0032     Old #:  Box 0015X                       Date:  1864
Type:  Territorial Legislative materials
Remarks:  House bills (individual), final, 3rd Session.  Mold damage
Agency:  Legislature, Territorial
Division:  House

Item:  TLEGIS-0015     Old #:  T/V/C1/4                        Date:  1864
Type:  Volume
Remarks:  House register of petitions, 3rd Session
Agency:  Legislature, Territorial
Division:  House

Item:  TLEGIS-0014     Old #:  T/V/A4/1                        Date:  1864
Type:  Volume
Remarks:  House journal, 3rd Session
Agency:  Legislature, Territorial
Division:  House

Third Session:  Legislature

Item:  TLEGIS-0033     Old #:  T/V/B1/3                        Date:  1864
Type:  Volume
Remarks:  Enrolled laws, 3rd Session
Agency:  Legislature, Territorial
Division:  House