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Show 36 REPORT OF THE COMMISBIONER OF INDIAN AFFAIRS; greas purposely intended to exclude them from the enjoyment of those rights. '<Indians Excepted."-The country ceded by Mexico now comprises the States of California and Nevada, part of the States of Wyoming and Colorado, the Territories of Arizona and Utah, and a part of New Mexico. In establishing a Territorial government for New Mexico (9 Stats., 446), September 9,1850, Congress, in providingfor the apportionment of representation in the Territorial legialature, declared in section five that- , An apportionment shall he made as nearly equal as praoticahle, among the several ooonties or distriots, for the election of the coonoil and house of repressntativea, giving to ewh sfstion of the Territory representation in the ratio of its population (Indians excepted) sa nearly as may be. In section fonr of an act of the same date (9 Stats., 464j, "to estab-lish a Territorial government for Utah," and section fonr of the act of February 28,1861 (12 Stats., 173), "to establish a temporary govern. ment for the Territory of Colorado," the same l~nguageis used rcspect-ing the apportionment of repre~entationin the legislatures of those Ter-ritories. ; The Territory of Wyoming was established after the adoption of the fourteenth amendment to the Constitutio,n, and tile langnage used in the organic act ofthat Territory (July 25, 1868, 15 Stats., 178) in re~pect to the apportionment of representation in its legislature varies from that used in the acts above referred to, so as to give to each section of the Territory representation in the ratio of their population (excepting Indians not taxed) as nearly as may be." Nevada and Arizona were established out of parts of the Territories of Utah and New Mexico, respectively (acts of March 2, 1861, and February 24,1863,12 Stats., 209 and 664), and in the admi!+siou of California as a State (September 9,1867,9 Stats.,452) Congress makes no mention of the Indians located 1 therein. Provision was made, however, in the first constitution of that State by which.it8 legislature was empowered to admit- the Indians - therein to the rights of sntfrage, when in its opinion they shall be com-petent to exercise that important frar~chise. Further evidence as to the intention of Congress with regard to the admission of Mexican citizens of Indian blood to citizel~ship in the United States can be found by again referring to the laws establishing Territorial governments within the country acquired from Mexico. . . Section six of the organic act of New Mexico and section five of the organic act of Utah make the following provisions respecting the quali-fication of persons within the Territory to vote at elections and to hold office, vie : b That every free white male inhabitant above the age of twenty-one gears whn shall have been aresident of .said Territory at the time of the passage of this act shall he entitled to vote at the Brst election, and ahall he eligible 60 any office within the |
