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[July 5th.

reaved ; bind up every broken heart, and supply Mr. CHAPIN. Oh, I think not. I would the wants of all the needy. We pray for our en- not do that when there is so small a number of emies; show th oh Lord, the wickedness of members present. their rebellion ; lead them to repentence, and The PRESIDENT pro tem. The question is pardon their great sin; overcome evil with good on the motion to adjourn. Cause “ the wrath of man to praise Thee, and Messrs. DELONG and FITCH suggested that the remainder of wrath restrain." Grant that the question should be taken on the shortest the hour may basten on when righteousness and time first; which was agreed to. peace shall prevail in all our borders. Bless The question was taken on Mr. Ball's motion, the nations of the earth ; send abroad the light that the Convention adjourn until ten o'clock, of Thy word ; regenerate, purify, and ennoble A. M., to-morrow; and it was agreed to, upon all the masses of our race, and fill the world a division-ayes, 12; noes, 6. with a knowledge of Thy name. Hear our Accordingly, at thirty minutes after ten prayer; mould our characters, and ever let the o'clock, A. M., the Convention adjourned. light of Thy love abide upon us in all its fulness and richness; and to Thy name, Father, Son, and Holy Spirit, be all the praise, world without end. Amen.




Carson, July 5, 1864. Mr. COLLINS. I move that the Chair appoint a committee of three, on Credentials, to

The Convention met pursuant to adjournment, report at the next meeting.

and was called to order at twenty-five minutes The question was taken, and the motion was before eleven o'clock, by the President pro tem. agreed to.

Prayer was offered by the Rev. E. F. White. The PRESIDENT pro tem. appointed as such

The roll was called, and twenty-eight memcommittee, Messrs. Collins, Johnson, and Ken-bers were present, viz :Dedy.

Messrs. Ball, Banks, Belden, Brady, Brosnan,

Chapin, Collins, Crawford, Crosman, DeLong, Mr. BALL. I move that the Convention now

Earl, Fitch, Frizell, Folsom, Gibson, Hawley, adjourn till to-morrow at ten o'clock, A. M., in Lovey, Hudson, Johnson, Kennedy, Kinkead, order that we may participate in the celebra- Lockwood, Murdock, Nourse, Proctor, Sturte tion of Independence Day.

vant, Tagliabue, and Tozer. Mr. STURTEVANT. I move to amend that

The journal of yesterday was read and apmotion so as to adjourn to meet to-morrow, at

proved. twelve o'clock. I think most of the members

CREDENTIALS. will agree with me that we are likely to be Mr. COLLINS submitted the following resomewhat sleepy to-morrow morning, after the

port: festivities and fantastics of the day. Mr. GIBSON. I am in favor of that amend: the following list of delegates, as returned by the sev

Your Committee on Credentials beg leave to report ment. It will give time for members to get eral County Clerks to the Secretary of the Territory. here who are now absent. The Esmeralda There are several counties that have made no returns, members probably will not arrive before twelve or at least, none have been handed to the committee. o'clock. The stage does not get in before that The following is the list of delegates returned:hour.

J. H. Warwick, Mr. BALL. I insist on my motion. I did

Lander County,...

R. H. Williams,

E. A. Morse. not come down here to attend balls, and parties, and get sleepy, but to work. I came here


A. Banks,
Humboldt County,.....

E. F. Dunn, for business.

William Henry Jones. Mr. TOZER. I hope the motion will prevail.

J. Neely Johnson, Mr. NOURSE. I move to amend the amend

A. J. Lockwood, meat so as to meet at one o'clock. It seems to Ormsby County,...

J. H. Kinkead,

Israel Crawford, me that the hour should be either ten or one,

George L. Gibson. because twelve o'clock is the usual hour for

John A. Collins, lunch.

Charles E. DeLong, Mr. CHAPIN. I think the gentleman from

Lloyd Frizell, Washoe, (Mr. Nourse,) is correct. If we do

Samuel A. Chapin,

Thomas Fitch, not meet at ten o'clock, we should defer it till Storey County,..

Josiah Earl,

Nath'l A. H. Ball, Mr. STURTEVANT accepted Mr. Nourse's

Charles W. Tozer,

Almon Hovey, amendment.

| Cornelius M. Brosnan, Mr. FRIZELL. I suggest, before this motion

(Frank. Tagliabue, to adjourn is put, that we shall be adjourning Nye County,...

(F. M. Proctor. without finishing our business properly. It

| Albert T. Hawley, seems to me that we ought to appoint a com

Douglas County,...

J. W. Haines. mittee on permanent organization.

Churchill County,

.Nelson E. Murdock,




[July 5.

Frank. H. Kennedy, After a few moments’ delay, Mr. Johnson reLyon County,...

George A. Hudson,

turned with a copy of the oath prescribed by
J. S. Crosman,
H. G. Parker.

Congress, in 1862.
George A. Nourse,

The members of the Convention rose, and
W. W. Belden,

Judge Wright administered the oath in the folWashoe and Roop Counties, { H. B. Brady,

lowing words :--
James H. Sturtevant,
G. N. Folsom.

You and each of you do solemnly swear, that you have
William Wetherill,

never voluntarily borne arms against the United States B. S. Mason,

since you have been citzens thereof; that you have volEsmeralda County, ..... J. G. McClinton,

untarily given no aid, countenance, counsel, or encourD. Wellington.

agement to persons engaged in armed hostility thereto;

that you have neither sought nor accepted, nor atAll of which is respectfully submitted.

tempted to exercise the functions of any office whatJ. A. COLLINS, Chairman.

ever, under any authority, or pretended authority in On motion of Mr. CHAPIN, the report was hostility to the United States; that you have not yielded

a voluntary support to any pretended government, received and the committee discharged.

authority, power, or constitution within the United On motion of Mr. CRAWFORD, the report States, hostile or inimical thereto. you do further was adopted.

swear, that to the best of your knowledge and ability

you will support and defend the Constitution of the OATH OF OFFICE.

United States against all enemies, foreign and domestic;

that you will bear true faith and allegiance to the same; Mr. STURTEVANT. I move now, Mr. Pres- that you take this obligation freely, without any mental ident, that we proceed to a permanent organi- well and faithfully discharge the duties of the office on zation of the Convention, by the election of a which you are about to enter--SO HELP YOU GOD. President, and other officers. Mr. CHAPIN. Before that motion is put, I

The above oath having been transcribed by suggest that the outh be administered to the the Secretary, was subscribed by the members members.

present. Mr. JOHNSON. Judge Wright, Probate

PERMANENT ORGANIZATION. Judge of this County, is, I understand, in the adjoining room, and as be is, probably, the Mr. CROSMAN. I now renew the motion highest judicial authority now at the capital, to proceed to the election of permanent otficers. it would be proper, I think, to invite him to Mr. JOHNSON. It has been suggested administer the oath.

that another member has arrived since the Mr. CHAPIN. Very well; I move that a oath was administered-Mr. H. G. Parker, of committee of three be appointed to wait upon Lyon County-I propose that he be sworn in Judge Wright, and request him to attend and now. administer the oath of office to the members. Mr. PARKER come forward, was sworn, and

The question was taken, and the motion was took his seat as a member of the Convention. agreed to.

Mr. STURTEVANT. I renew the motion to The PRESIDENT pro tem. appointed as such proceed to a permanent organization by the committee, Messrs. Chapin, Hudson, and Gib- election of permanent officers.

Mr. CHAPIN. I hope the gentleman will The committee retired, and immediately define the motion more clearly ; if he will say thereafter returned, accompanied by Judge for the election of President and Secretary, we Wright.

shall then be in working condition, and can Mr. JOHNSON. I think we had better in proceed to the election of subordinate officers form ourselves, if we are not already advised, afterwards. as to what oath should be administered. My Mr. STURTEVANT. I do not know what the own memory is at fault at the present moment, objection is to going on now with the election in respect to the Enabling Act, but I suppose, if of all the officers, from the commencement; I there is nothing in regard to the oath in that would like to finish it up. act, that we shall have to resort to that form of Mr. TOZER. I hope the gentleman from oath which was prescribed for all public offi- Washoe, (Mr. Sturtevant), will accept the cers by Act of Congress, passed some two years amendment suggested by my colleague. If we since, rather than to the one prescribed by the elect a President and Secretary, we can then laws of the Territory.

proceed to determine what other officers we Mr. COLLINS. I think the Enabling Act is shall require, what their compensation shall be, silent upon the subject. I suggest that Gov- etc.; by proceeding to elect officers promiscueroor Johnson procure a copy of the oath pre- ously, we might get more officers than we want, scribed by Congress, if he has one.

or not so many as we ought to have. Mr. JOHNSON. I think I can procure it in a

Mr. STURTEVANT. Then I will amend my moment.

motion so as to be, that we proceed to a perMi: STURTEVANT. I do not know but it manent organization of the Convention, by the would expedite matters to administer the old election of a President and Secretary. oath and the new one too ; the new one is very Mr. CROSMAN. How are we tu elect oflistrong, and if the old one is stronger it will cers ? - Viva voce ? not hurt us any.

Mr. HAWLEY. There is known to be more




than one candidate for Secretary, and as the dividual member that our deliberations may be voting may be pretty even, I think it would be harmonious, and efficiency charactize the labors equally as expeditious to vote by ballot. of the Convention, and with confidence I shall

Mr. CROSMAN. I suppose the first thing in rely upon your aid and assistance, so that our order will be nominations for President, and I proceedings may be marked with all the digthink there will be no objection to electing that nity and decorum befitting an assemblage of officer by acclamation. I move that we pro- men convened for such a noble purpose as the ceed to the election of a President viva voce. present.

Mr. FITCH. If there is only one candidate In conclusion, I may be permitted to add, for President, I have no objection ; but for the that, in view of the provisions of the “ Enaother officers, I should be opposed to it. bling Act,” authorizing the meeting of this

Mr. STURTEVANT accepted Mr. Crosman's Convention, we bave a great and important amendment.

duty to perform, both to the nation and to the The question was taken on the motion as people we represent. The Congress of the United modified, and it was agreed to.

States has made most liberal and beneficial concessions to us in providing for the forma

tion of our new State, and the circumstances The PRESIDENT pro tem. Nominations are which surround us augur most favorably for in order for President.

the speedy establishment here of a State govMr. CHAPIN. I have the honor of submitting ernment. You, as the representatives of the the name of the Hon. John A. Collins, of Storey people, come directly from their midst, and County, as a candidate for President.

know their essential wants and requirements in Mr. KENNEDY. I have the honor to place framing a Constitution and form of governin nomination the Hon. J. Neely Johnson, of ment for them; and when you have incorporated Ormsby County.

in that instrument those needs, no longer can a Mr. COLLINS. Mr. President, I would re- possible doubt arise but that the Constitution turn my tbanks to my friend and colleague, for thus framed will, at the next September elecpresenting my name to this Convention for so tion, be endo: sed and ratified by an overwhelmbonorable a position; but I beg leave to decline ing majority of the popular vote, and thencethe nomination, and will with great pleasure forth Nevada will be numbered among the second the nomination of my friend J. Neely States of the Federal Union. That this may be Johnson, and I move that we elect bim as Pres- the result of our labors is my most earnest ident of this Convention by acclamation. wish and hope. [Applause.) The question was taken, and the motion was

ELECTION OF SECRETARY. agreed to unanimously.

J. NEELY JOHNSON was thereupon de- On motion of Mr. CHAPIN, the Convention clared elected President of the Convention. proceeded to the election of a Secretary.

Mr. STURTEVANT moved the appointment Mr. CROSMAN. I take pleasure in placing of a committee of three to conduct the Presi- before the Convention, for the office of Secredent elect to the cbair.

tary, the nam of R. G. Clark. The question was taken, and the motion was Mr. STURTEVANT. I place in nomination agreed to.

for Secretary of the Convention, the name of Messrs. Sturtevant, Frizell, and Kinkead Hon. William Martin Gillespie. Gentlemen are having been appointed as such committee, con- aware that he has had some experience in that ducted the President elect to the chair.


There being no further nominations the Con

vention proceeded to ballot for a Secretary, Mr. JOHNSON, on taking the chair as Pres- and with the following result: ident, said :

For Mr. Gillespie.—Messrs. Ball, Brosnan, GENTLEMEN OF THE CONVENTION : I do not Brady, Chapin, Collins, Folsom, Gibson, Hudpropose to make this the occasion of any ex- son, Hawley, Hovey, Kennedy, Lockwood, tended remarks, as I feel well assured that it is Nourse, Parker, Sturtevant, Tozer, and Mr. Presyour desire to enter at once upon the more im- ident-17. portant duties which have called us together. For Mr. Clark.-Messrs. Banks, Belden, CrosFor this evidence of your partiality and confi- man, Crawford, DeLong, Earl, Fitch, Frizell, dence in selecting me by the unanimous voice Kinkead, Murdock, Proctor, and Tagliabue—12. of the Convention to preside over its delibera- WILLIAM MARTIN GILLESPIE baving tions, you have my sincere thanks, and it shall received a majority of votes, was declared electbe my constant endeavor to execute the duties ed Secretary of the Convention. of the position with strict impartiality, and

OTHER OFFICERS. with a just sense of their great responsibility and importance. But, gentlemen, whatever of Mr. STURTEVANT. I now move that we rules you may adopt for our government, or proceed to elect a Sergeant-at-Arms in the however earnest and faithful may be your pre- same manner, and such other officers as the siding officer in their enforcement, yet are we Convention shall see fit to elect; one at a time chiefly dependent upon the action of each in-I to be placed in nomination and voted for.




[July 5th.

Mr. HAWLEY. I think the gentleman had shall, after organization, on behalf of the people of said better make it a little more definite-one Ser: Territory, adopt the Constitution of the United States;

therefore, be it geant-at-Arms, and perhaps two pages, and a

Resolved, That the members of this Convention, porter. I think that is all we shall require. elected by the authority of the aforesaid Enabling Act

Mr. STURTEVANT. I will make the motion of Congress, assembled in Carson, the capital of said to elect a Sergeant-at-Arms and let it go at Territory of Nevada, and immediately subsequent to that ; though I think it more than likely that said Territory, the Constitution of the United States. we shall require some one to keep ihe room

The question was taken on the adoption of clean, etc.

the preamble and resolution as read, and they Mr. BALL. I suppose we shall take a recess

were unanimously adopted. very soon, for an hour; if the gentleman will allow me, I will make this motion—That a com

RI'LES AND ORDER OF BUSINESS. mittee of three be appointed, to report one

Mr. COLLINS offered the following resoluhour hence, what additional officers of the Con- tion, which was read :vention are needed, and what their compensa

Resolved, That a committee of three be appointed by tion sball be.

the President, to report rules for the government of Mr. DELONG. And who will pay it? (Laugh- this Convention. ter.]

Mr. KINKEAD. Let me suggest that the Mr. BALL. We shall then elect persons who gentleman include in the same resolution, the will fully understand what compensation they order of business, are to receive, and what duties they are to per- Mr. COLLINS. I would prefer a separate form. In the last Convention there was no resolution, and a separate committee. I think compensation fixed until near the close, and I the question of rules will occupy all the time think we spent nearly the whole of one day in of one committee during the recess. arranging the matter of compensation.

Mr. CHAPIN. I hope the resolution will be Mr. STURTEVANT. I will withdraw my made to cover the whole subject, and I would motion.

suggest also, that there be a committee of five, Mr. BALL. Then I make the motion I have as the business is of considerable importance. suggested for the appointment of a committee

Mr. COLLINS. Very well; I will accept of three. to report what officers are necessary, the amendment, and make it a committee of and to fix the compensation of all the officers, five on rules and order of business. as well those already elected as those to be

The Secretary read the resolution as modielected.

Resolved, That a committee of five be appointed by

the President, to report standing rules, and order of Mr. COLLINS. I think, by referring to the business for the government of this Convention. Enabling Act, we shall find that we have some

The question was taken, and the resolution thing to do previous to acting upon the motion

was adopted. that is now before the house. By Section 4 of the Enabling Act, Congress imposes a certain tee under the resolution, Messrs. Collins, Banks,

The PRESIDENT appointed as the commitduty upon the members of the Convention im- Sturtevant, DeLong, and Kennedy. mediately after its organization. By the election of a President and a Secretary, I believe PERMANENT ORGANIZATION-AGAIN. the body is now permanently organized, and therefore, with the permission of the chair, I

Mr. BALL offered the following resolution :will read that portion of the Section to which I Resolved, That a committee of three be appointed by refer :

the Chair, to report the various subordinate offices to

be filled by this Convention, and to fix their compensaSection 4. And be it further enacted : That the mem- tion, as well as the compensation of the officers elected. bers of the Convention thus elected shall meet at the

Mr. COLLINS. Capitol of said Territory on the first Monday in July

I would inquire whether next, and after organization, shall declare on behalf of that last sentence does not embrace our Presithe people of said Territory, that they adopt the Con- dent. (Laughter.] stitution of the United States.

The PRESIDENT. I hope the gentleman It occurs to me now, that before we proceed will “ let me out." (Laughter.] to any other business, we ought to perform this Mr. BALL. I think it will be very easy to duty.

fix that. Mr. BALL. I withdraw my motion tempo- Mr. COLLINS. I move to amend the resorarally.

lution by striking out the word “officers," and Mr. COLLINS. As that motion has been with inserting the word “ Secretary.” drawn, I will read a preamble and resolution Mr. BALL. I will accept that amendment. which I have drawn up with a view to meet the Mr. KINKEAD. I suggest a further amendrequirements of this occasion.

ment; to strike out “tbree,” and insert“ five." WHEREAS, The act of Congress, approved March 12, Mr. BALL. I have no objection to making 1864, “ to enable the people of the Territory of Nevada it five. to form a Constitution and State Government, and for

The resolution was read as modified :the admission of such State into the Union on an equal footing with the original States,"requires that the mem- Resolved, That a committee of five be appointed by bers of the Convention for forming said Constitution, the Chair, to report the various subordinate offices to

fied :




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be filled by this Convention, and to fix their compensa- | them, from the supply he has on hand, with tion, as well as the compensation of the Secretary elect. such stationery as is necessary. It is an act

The question was taken, and the resolution of liberality, to say the least, on his part, was adopted.

which I have no doubt the Convention will The PRESIDENT appointed as the commit- fully appreciate. He takes the responsibility tee under the resolution, Messrs. Ball, Chapin, of so doing without any authority of law, in Tagliabue, Tozer, and Murdock.

order to aid us as far as possible in our labors ; Mr. BROSNAN. I move that the Committee and I trust that members will see the importon Rules and Order of Business be instructed ance of practicing all possible economy in the to report this afternoon. I apprehend that they use of stationery, as the supply is very limited. will have time to do tbat, and the sooner we As the Secretary of the Territory is present, get to work, the better. If it is necessary to he will state to the Convention what he can have rules and order of business at all, they furnish, and his position in the matter. should be adopted at once.

Mr. ORION CLEMENS (the Territorial SecMr. CHAPIN. I bope that will be done, so tary.) As the President has stated, there is no that we may get to work, and that when we ad- provision made by the Legislature or by the journ, it will be to meet at two o'clock, so as United States Government for stationery for to give the committee time enough.

the Convention, and the only fund under my The question was taken on Mr. Brosnan's control is the Legislative fund, which comes to motion, and it was agreed to.

me with specific instructions as to the items for On motion of Mr. CHAPIN, the Convention which I am to use it, such as per diem and miletook a recess until two o'clock, P. M.

age of members and officers of the Legislative Assembly and other matters, which are men

tioned in my instructions. I have thought, AFTERNOON SESSION.

however, in view of the exigencies of the case, The Convention reässembled at two o'clock, that I might furnish the members of the Conand was called to order by the President.

vention with so much of the stationery which I have on hand, that they could get along with

out serious inconvenience. I will furnish them Mr. GIBSON called attention to the matter with paper, pens, ink, and envelops so far as of the seats of members, and said, so far as

they may be required. I would willingly do the members of the Ormsby delegation were circumstances, it is out of my power.

more, but gentlemen will see that, under the concerned, they were satisfied with the seats they then occupied, which were the same as in these things called conventions, but I sup

Mr. STURTEVANT. I am not experienced they had in the Convention of last fall. other gentlemen, however, desired it, they pose we will have a regular routine, and comwould be willing to draw for seats, or to give mittees to take charge of all these matters, to up their seats to any gentlemen who preferred necessarily be some expenses, and I suppose the

be appointed by the President. There will them. He thought there should be some arrangement, or understanding, and all he desired proper committee will make a recommendawas to have the delegations from the respective tion to the next Legislature to make an approcounties sit together.

priation for their payment. Mr. FITCH said the delegation from Storey was composed of very litigious materials, and

Mr. COLLINS, from the Committee on Rules he suggested they had better be scattered and Order of Business, presented the following: around among the others. (Laughter.] Several members expressed themselves satis- Business and Rules for the government of this con

The Committee appointed to report the Order of fied with their present seats, and no action was vention, beg leave to submit the following report:taken upon the subject.

Messrs. E. F. DUNNE of Humboldt, and WIL- 1-Calling the Convention to order. LIAM WETHERILL of Esmeralda appeared, 2_Calling the roll. and presented their credentials; the official oath


4Reading the journal of the preceding day. was administered to them by Judge Wright,

5-Reports of Standing Committees. and baving subscribed the same, they took their 6—Reports of Special Committees. seats as members of the Convention.

7- Motions and resolutions.

8-Second reading and reference of resolutions. STATIONERY. The PRESIDENT. It is well known to you Adopt as far as applicable for the government of this all that no provision has been made, either by Convention the Rules of the House of Representatives Congress or by the Legislature of this Territo- of the third session of the Legislature of Nevada Terry, for the payment of the expenses of this Con- ritory, and Jefferson's Manual in matters to which

the rules of said Legislature may not apply. vention ; but there are some expenses which All of which is respectfully submitted. will necessarily have to be borne in some way,

JOHN A. COLLINS, Chairman. such as stationery, &c. The Secretary of the Accompanying the report was a copy of the Territory has been kind enough to suggest to rules of the House of Representatives of the members of the Convention that he will furnish third Legislature.



9-General file.


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