Tuesday,]

DELONG-LOCKWOOD-BANKS-JOHNSON-COLLINS.

[July 26.

Mr. DELONG. Will the gentleman allow me | been adopted by the United States Governto ask him one question? Did he favor an in- ment will be found to be efficient in all cases, crease of the compensation of the Legislature, and will raise as much revenue from that source before he had made up his mind to oppose the as should be paid by that kind of property. State Constitution?

Again, the gentleman from Ormsby (Mr. Mr. LOCKWOOD. I have never yet made Lockwood) has dwelt with a good deal of up my mind to oppose the State Constitution. earnestness upon what he seems to regard as a And here let me answer one insinuation which want of charity for the Legislature. He appears has been made by the gentleman's colleague to have a particularly friendly feeling towards from Storey County (Mr. Fitch), to the effect the Legislature, and takes especial pains to that those who are opposed to the Constitution repel promptly anything which he regards as desire to make it as obnoxious as possible. I an attack upon it. Now, although I do not consider that any such charge is very improper pretend to join in that kind of popular clamor, and unfair, and so far as I am concerned, if I knew that this Constitution was going to be accepted by the people, there is not a sigle vote that I have given in the Convention that I would desire to alter, or to recall-not one.

which amounts to universal and indiscriminate denunciation of all legislators and Legislatures, yet I will say that in the State of California, sine the year 1861, at any rate, there has never been a session in which all the real work was not performed within the space of sixty days. A MEMBER. Time!

Mr. BANKS. Some things have been said by those who are opposed to this proposition to which I desire very briefly to reply. The last Mr. BANKS. I think I have a minute left, gentleman on the floor has laid peculiar stress sir. Let me say this, in conclusion, that if we upon the failure of the tax on the mines which adopt this limitation, the Legislature will acwas levied by the Legislature in some year-I commodate itself to circumstances, just as an believe in 1862, or the year before that. Last individual accommodates himself to his income, year also a law was passed taxing the mines governs his expenses according to it, and genand mining property, and the year before, I erally gets along about as well on an income think it was, the Legislature passed a law im- of one thousand dollars as he would on five posing a tax upon the gross proceeds of the thousand, or even ten thousand dollars a year. mines. But it seems that the Legislature failed We propose to give the Legislature to underto enact a law under which any question could stand that it is limited, as we would an indibe raised to take to the courts. And that, by vidual in our employment. We say "there is the way, strikes me as something remarkable your income; now govern yourself accordingin legislation. It is certainly very singular ly." And my word for it the Legislature will indeed, that the Legislature of this Territory do it. Under this provision I do not believe was unable to frame a law upon which there the sessions of the Legislature will continue could arise any question to be brought before beyond about one month. the courts. It appears, however, that there were finally some questions taken to the courts, and though collections were delayed, I believe there has at last been a decision favorable to the law. Is not that correct?

Mr. DELONG. Yes, sir.

Mr. JOHNSON. And the case has been appealed to the Supreme Court of the United States.

Mr. COLLINS. I hardly know, sir, what I can say on this subject within the space of five minutes, but I will begin where my friend from Humboldt (Mr. Banks) left off-with the necessity for economy. If we make it a matter of necessity, economy is sure to follow. Why, sir, look at the economy of this Convention, for example, as compared with that of last year. Then were incurred bills for printing, and a variety of expenses, which this Convention has entirely avoided, and yet have we not performed our duty nearly, if not quite, as well as if we had had ten, fifteen, or twenty thousand dollars to spend? Now I regard the proposition of my colleague (Mr. Chapin) as well calculated to force the Legislature into economy.

Mr. BANKS. Now, sir, in California, from 1857 up to 1861, the Legislature passed various laws on the same subject, without success, but at last obtained an efficient revenue law. I think the Legislature of that State has been singularly unfortunate in that kind of legislation; but I do not believe, with the light of the experience of California before us, that we are The gentlemen from Ormsby, (Mr. Johnson,) likely to repeat its blunders. It is not strange, in opposing the proposition, takes exception to however, when the Legislature of California some of the figures which have been presented made such mistakes, that the Legislature of 1863 by my colleague. Well, it may be that in many in this Territory should have failed to pass respects his figures are too small, but if that be such a revenue law as perhaps ought to have so, why should we not appoint a committee to been passed. At any rate, I do not conceive be composed of gentlemen who are acquainted that any defect which may have been discovered in that law should necessarily lead us to the conclusion that no law can be passed for the taxation of the proceeds of the mines which will be efficient. I believe, on the contrary, that the simple mode of taxation which has

with these matters, and let that committee bring in a statement for the information of the Convention, showing what the proposed State Government will probably cost, and what the Territorial Government has cost. Then, knowing the cost of each, we can readily see the differ

Tuesday,]

COLLINS-BROSNAN-CROSMAN CHAPIN.

[July 26.

wealth, and the income or revenue to be derived therefrom, we shall have no difficulty in meeting all this indebtedness, as fast as it accrues, if we only secure an economical administration of public affairs.

ence, and can intelligently decide whether or not it is practicable, or advisable, to make the change from the Territorial to the State form of Government. That is the real question before us, and before the people of the Territory. Under the Territorial Government of last year- Notwithstanding the fact that at present 1863-a tax of only fifty cents on each one hun- poverty seems to be staring us in the dred dollars was levied and collected for terri- face, and many of our business men feel torial purposes, but that was all exhausted, and overwhelmed by its depressing influence, and a debt was contracted in amount equal, I be- disposed to look at the future only through a lieve, to another tax of fifty cents on the one cloud of darkness, yet I have faith to believe hundred dollars. That would make the whole that our Territory is only under a cloud for expense of the Territorial Government for that the time being. Our productions, and the year equal to a tax of one per cent. Therefore amount of our business operations, are equal it would follow that if we can support a State to what they have ever been known at any Government upon a tax of one per cent., it will previous time. New mining discoveries are be no dearer than the Territorial Government has been. I admit there are some things which will be more expensive under a State Government, but if gentlemen are not disposed to be captious, if they are willing to enter upon a system of economy, we shall get along about as cheaply as under the present system. And in order to be absolutely sure that economy will be practiced, let us define and specify just what the Legislature may expend. If we do that, I am confident that we shall be able to go before the people of the Territory and present such facts as will commend the State form of Government to their favorable estimation and judg

ment.

being constantly made, and new claims developed, and ranches are being located and established, all over the Territory. All that is required to restore prosperity is a little energy, of which our people have an abundance, and I am sure that our sources of revenue will be increased year after year, and before the three years named in the proposed amendment shall have expired I fully believe that our taxable property will have increased to forty millions of dollars. Therefore I hold that the section is a proper one for our adoption, and I would like to see a committee appointed, composed of gentlemen who have had legislative experience, to take into consideration the proposition submitNow gentlemen are aware that we are inher- ted by my colleague, and bring in a statement iting a large debt-a debt which must be paid, of what will probably be the annual expense whether we shall have a Territorial or a State of a State Government during the next one, Government amounting. principal and inter- two, or three years. Then we can form at least est, to something over seventy-five thousand a close approximation, and having done so let dollars a year, for three years to come. We us prescribe what the Legislature may expend, shall have to pay, in interest and principal, and how it shall be expended. $233,500,that being the debt which we inherit from the Territory. But there is only a small proportion of that amount which has to be paid in 1865, and by the time we are called upon to pay the major part of the debt, I am in the hope that the income or revenue derived from taxation will be much larger than the gentleman from Ormsby supposes. I believe that with the proceeds of the mines we shall have a basis of taxation of at least thirty-five or forty millions of dollars, upon which to raise a revenue, and that, I trust, will be sufficient. I am sure that the Legislature, with the pressure of poverty upon it, will impose a tax upon the gross proceeds of the mines, so as to obtain as large a revenue as possible.

We have to provide for Territorial indebtedness, as follows: In the first place we have the interest and principal on what are known as the Rice bonds, amounting to $6,500; then $26,000, interest and principal, on the Curry bonds, to be paid in February and March, 1865; then $27,000 interest on bonds payable in 1866; interest and principal on new bonds to be paid in 1866, $12,500, interest and principal on same, payable in 1867, $81,500; making in all, to be paid within the next three years, $233,500. Now it occurs to me that, with our growing

The PRESIDENT pro tem. The gentleman's time is up.

Mr. BROSNAN. I hope we may now be allowed to come to a direct vote on this question. I am prepared, myself, to vote for the amendment. ["Question! question!"]

The proposed section, as modified by the amendment offered by Mr. Kennedy, was again read, as follows:

SEC.-.

For the first three years after the adoption of this Constitution the Legislature shall not levy a tax, for State purposes, exceeding one per cent. per annum on the taxable property in the State, nor shall any appropriations be made out of the revenue arising from said tax, except in the following order, to wit: First, for paying interest upon the public debt. Second, for salaries of State officers. Third, for State Prison expenses. Fourth, for educational purposes. Fifth, for legislative and miscellaneous expenses. Provided, the Legislature may levy a special tax not exceeding onefourth of one per cent. per annum, which shall be apTerritory of Nevada, assumed by the State of Nevada, propriated to the payment of the indebtedness of the and for that purpose only, until all of said indebtedness is paid.

Mr. CROSMAN. That provides for a tax of one per cent. only, for three years, as I understand.

Mr. CHAPIN. For one per cent. a year. Mr. CROSMAN. I think it does not read in that way.

Tuesday,]

CHAPIN-KENNEDY-CROSMAN-FRIZELL-FITCH-TAGLIABUE.

[July 26.

Mr. CHAPIN. It should so read, if it does know before he comes here that he has got to not.

Mr. KENNEDY. That is the intention, certainly; will the Secretary read that part again? The SECRETARY. It reads, "For the first three years after the adoption of this Constitution the Legislature shall not levy a tax, for State purposes, exceeding one per cent. per annum," etc.

Mr. CROSMAN. Very well. Now I move to amend by striking out" three" and inserting "two," so as to read "for the first two years,"

etc.

Mr. FRIZELL. I second that amendment. Mr. CROSMAN. I think there are good reasons for making the change. It has been urged that this amount of taxation will be insufficient to carry on the State Government, and if so we shall be running behind a trifle perhaps in our State expenses.

Mr. FITCH. Then that would be used as an argument against us.

Mr. CROSMAN. Well, if that is the case we can reply that property will be increasing rapidly during the interim, and it may be that after two years one per cent. will be sufficient. We have provided, at any rate, for all the State officers to be elected, for two years, and after that time it may be advisable to leave the matter open for the Legislature, untrammelled by any constitutional provision. Therefore, I hope the amendment I have offered will prevail.

| economize that he must economize as much as we have been obliged to in this Convention. Why, sir, look at our bills. Our worthy President is of opinion that their entire amount will not equal one-fourth, and I do not think they will amount to more than one-tenth as much as the expenses of the last Convention. The reaIson is, because the necessity was laid upon us. And have not we got along comfortably and respectably? So it will be with men in the Legislature, if the same necessity is imposed upon them. I hope the gentleman from Lyon will not be disposed to insist upon his amendment, for I want to have the Legislature work under pressure for three years at least. Then if we are in a condition to branch out, and be more liberal, we can do so.

The PRESIDENT pro tem. How much does the gentleman think the State would realize from those bonds to the amount of three hundred thousand dollars, if they were sold?

Mr. CHAPIN. I do not know, but if there is proper management they can probably be worked off to good advantage.

The question was taken on the amendment offered by Mr. Crosman, and it was not agreed to.

The question was then taken by yeas and nays, on the motion of Mr. Chapin, to recommit the article, with instructions to amend, by inserting the section as proposed by him, and subsequently modified, and the vote was-yeas, 16; nays, 7-as follows:

Yeas-Messrs. Banks, Belden, Brosnan, Chapin, Collins, Crosman, DeLong, Frizell, Folsom, Gibson, Kennedy, Mason, McClinton, Proctor, Warwick, and Wetherill-16.

wood, Murdock, Tagliabue, and Mr. President-7.

Nays-Messrs. Crawford, Hawley, Kinkead, Lock

So the motion was agreed to.

The PRESIDENT pro tem. appointed as the Special Committee, in accordance with the motion, Messrs. Chapin, Collins, and McClinton.

Mr. CHAPIN. I hope that amendment will not be made. I am sorry that I cannot accept it at once, and so put a stop to all talk about it, but I feel like this, that if we really cannot run this State Government on a tax of one and onequarter per cent. per annum, then for my part I do not want to adopt any State Government. I would certainly oppose it, if I thought the expense was going to exceed that amount. Here we can foot up an aggregate of expenditures amounting to one hundred and sixty-six thousand dollars a year, under the Territorial Government, and if the revenue derived from Mr. CHAPIN, from the Special Committee a taxation of one and one-fourth per cent. is just appointed, reported back Article XVII, not going to be sufficient to carry on our State entitled Schedule, amended according to the inGovernment, I am willing to remain in the tad-structions of the Convention. pole condition for another four years, if necessary. We have a taxable property which ought to yield an amount of revenue of four hundred thousand dollars, upon a tax of one per cent., and another one hundred thousand upon the additional tax of one-fourth of one per cent. Then, in addition to all that, we have the bonds for three hundred thousand dollars which the Legislature is authorized to issue, under the provision heretofore adopted, making one hundred thousand dollars a year, for the three! Mr. CHAPIN. I hope the gentleman will years, to supply any possible deficiency. Now not object to suspending the rules; it is simply I believe the privilege of contracting a loan to to save time. that amount is not going to be necessary, and I wish it could be stricken out.

But at any rate I want to compel a system of economy. I want to have every man who is elected to office, or sent to the Legislature,

The PRESIDENT pro tem. If there is no objection the rules will be suspended, and the amendment adopted at this time.

Mr. TAGLIABUE. Does not the report go on the general file?

The PRESIDENT pro tem. I said if there was no objection the rules would be suspended.

Mr. TAGLIABUE. I object; I want to keep the amendment out, under the rules, if I can do so.

Mr. TAGLIABUE. I want to beat the amendment.

Mr. CHAPIN. Oh, the gentleman cannot do that, as he must be satisfied.

The question was taken on suspending the

Tuesday,] KINKEAD-PRESIDENT-CHAPIN-TAGLIABUE-WARWICK-PROCTOR-COLLINS. [July 26.

rules, and on a division the vote was-ayes, 15; noes, 5. So the rules were suspended." The question was then taken on adopting the section as reported by the special committee, and it was adopted.

The question was next taken by yeas and nays on the final passage of Article XVII, as amended, and the vote was-yeas, 16; nays, 7-as follows:

us have; but he presumed that Congress had complied with the request which was forwarded from here asking for such change.

Mr. TAGLIABUE. The only report I have seen, stated that the time fixed by Congress was the first day of September, not the first Wednesday, and that report I believe has never been contradicted.

The PRESIDENT. Would it not be well to let this Section 7 provide that the Constitution shall be submitted at the time prescribed by the Act of Congress? The only official infor

Yeas-Messrs. Banks, Belden, Brosnan, Chapin, Collins, Crosman, DeLong, Frizell, Folsom, Gibson, Kennedy, Mason, McClinton, Proctor, Warwick, and WethNays-Messrs. Crawford, Hawley, Kinkead, Lock-mation which the Governor has received is the wood, Murdock, Tagliabue, and Mr. President-7.

erill-16.

So the article was passed.
[The PRESIDENT in the chair.]

Mr. KINKEAD. If it is in order now, I suggest that the gentleman from Esmeralda (Mr. Mason) have leave to finish his remarks. [Merriment.]

The PRESIDENT. The article will now be IDENT referred to the Committee on Phraseology.

THE ELECTION ORDINANCE.

The Convention took up, on its third reading, the Election Ordinance, providing for the election by the people upon the Constitution, and the voting of volunteers in the service of the United States at certain elections, as amended by the special committee to which it had been recommitted for that purpose.

The SECRETARY read the preamble, and Section 1, as follows:

original Enabling Act, which provides for holding the election in October. If the Constitution should not be submitted at the proper time our labors will have proven futile, but by making this change, if there has been any misinformation, we will have provided for it.

Mr. WARWICK. Would it not be well enough to telegraph at once for the desired information, and get an answer before we conclude our ses sion? Possibly we can get an answer this evening.

Mr. CHAPIN. Oh no; it will take two or three days, perhaps, to get an answer from Washington.

The PRESIDENT. I am advised that a petition was forwarded, asking to have the time changed so as to have the Constitution submitted to the people at the time of the Territorial election, and I think it is altogether probable that change has been made by Congress. WHEREAS, The Enabling Act passed by Congress, Nevertheless, the Governor has not been notiand approved March 21st, A. D. 1864, requires that the fied of such change, whilst he has received an Convention charged with the duty of framing a Consti- official notification of the approval of the origitution for a State Government, "shall provide by ordinal Act of Congress, and it might be well, therenance for submitting said Constitution to the people fore, in order to provide for a possible continof the Territory of Nevada for their ratification or rejection," on a certain day prescribed therein; there- gency, to amend the section so as to declare that fore, this Convention, organized in pursuance of said the Constitution shall be submitted at the time Enabling Act, do establish the following prescribed by Congress. Then if it should happen that there has been no change, the election will be held on the day designated in the original Enabling Act.

ORDINANCE.

SECTION 1. On the first Wednesday of September, A. D. 1864, this Constitution shall be submitted to the qualified electors of said Territory, in the several counties thereof, for their approval or rejection; and further, on the first Tuesday after the first Monday of November, A. D. 1864, there shall be a general election in the several counties of said Territory for the election of State officers, Supreme and District Judges, members of the Legislature, representative in Congress, and three Presidential electors.

THE DAY OF ELECTION.

The PRESIDENT. I wish to know whether any gentleman of the Convention has any official information that Congress has changed the law in regard to the time when the vote shall be taken on the Constitution. The only information I have is what I have seen contained in newspaper correspondence.

Mr. CHAPIN. I have called on Governor Nye for the purpose of ascertaining whether he has received any official advice of a change in the day of election, and he informed me that he had not; that he only had the general report, derived from the newspapers, which the rest of

question raised is one of the utmost importance. Mr. PROCTOR. It appears to me that the If we should ascertain, after we have adjourned and gone home, that the time for the election has not been changed since the passage of the original Act of Congress, all we have done will go for nothing. And even now, if we should ascertain that to be a fact, there would be a made. We have provided for the election of great many important changes necessary to be officers at the general election in November, have made provision for the time when they shall go into office, and so on, all based on the supposition that such change has been made in the time of the election. It does seem to me egraphing or otherwise, to ascertain whether or that we ought to take measures at once, by telnot any such law of Congress is in existence.

doubt that the change has been made, although The PRESIDENT. I have myself very little we have no official information of the fact.

Mr. COLLINS. I have no knowledge of the

Tuesday,]

PRESIDENT-CROSMAN-MCCLINTON-WARWICK-BANKS-CHAPIN.

[July 26.

Mr. WARWICK. That will do no good, if we cannot get an answer till after the Convention has adjourned.

matter myself, save and except what I have cut off further discussion, that the section be seen in the newspapers, but I presume that if amended so as to submit the Constitution on any subsequent action was taken on the subject the day prescribed in the Enabling Act. Then, by Congress, it was based on the petition which if it is necessary, we can telegraph immediately was sent from this Territory asking for such a to the President, or some other proper authorichange in the law that the vote on the Constitu- ty, and find out the correct date. tion might be taken on the day of the Territorial election. It seems to be evident that some change was made, or the newspapers would not have made any report in regard to it. Still, al- Mr. McCLINTON. It will make no differthough we have every reason to believe the ence, with that amendment, what the day may change was made, inasmuch as we have no au- be. If the time fixed by Congress is the 2d of thentic or official information, perhaps it would October the election will be held on that day, be well to leave the time for the election blank, or if it be the first Wednesday in September it and endeavor to have the Governor telegraph will be held on that day. It will be understood immediately for authentic information. He may that the Constitution is to be voted on upon the perhaps obtain an answer by the time the arti-day provided for submitting it, by the Enabling cle is engrossed, and then we can fill in the cor- Act, whatever day that may be. rect day.

The PRESIDENT. In reply to the remarks made by the gentleman from Nye (Mr. Proctor) I wish to say that I think the time of submitting the Constitution to the people will not necessarily make any very material difference in respect to what we have done. The objection seems to apply only to the ordinance providing for the election, because we propose to continue the Territorial officers, in any event, under the State organization.

Mr. CROSMAN. According to my recollection, the first report we received said the time for the election on the Constitution had been changed to the first day of September, not the first Wednesday.

Mr. BANKS. I like the suggestion of the gentleman from Storey, (Mr. Collins,) to leave the date blank until the latest possible moment. I think that is the proper course. Then let the Governor telegraph on and get official information, and if it is possible to obtain an answer to the inquiry in season, we can incorporate the correct date in the blank. If we find it impossible to state the time definitely, even at the last moment, then we may say the election shall be held at such time as is prescribed by Act of Congress. There will certainly be ample time, before the Governor issues his proclamation for the election, to obtain accurate information, and in his proclamation he will of course designate the proper day. In what condition is the ordiThe PRESIDENT. I have seen three differ-nance before the Convention? ent reports on the subject. The first was by overland telegraph, stating that the time had been changed to the first day of September; then the correspondent of the Sacramento Union wrote that it was fixed for the first Tuesday of September; and lastly, a letter from J.W. Simonton, correspondent of the San Francisco Bulletin, referred to the matter in about these words: It may be old news to the people of Nevada, but still it may be well to mention the fact that Mr. CHAPIN. I dislike the indefinite shape the Act fixing the first Wednesday of Septem- in which it seems we are going to leave this ber as the time for the election on their State matter. If Congress has really made no amendConstitution has passed." That would make ment of the law then all our labors pass for the time correspond with our Territorial elec- nothing, because if this Constitution is only to tion, and I have very little doubt that the lat-be submitted to the people in October, we canter statement is correct.

66

Mr. CROSMAN. I know I came to the Convention with the impression on my mind that the election was to be on the first day of September.

The PRESIDENT. It is on the third reading. Mr. BANKS. I move, then, to refer it to a special committee with instructions to strike out of Section 1 these words, "first Wednesday of September, A. D. 1864," leaving the date blank. Mr. MCCLINTON. I will withdraw my motion, then, and I hope we shall telegraph immediately. We may get an answer even before the Convention adjourns to-night.

not carry out its provisions, and it all falls to nought. I would like to inquire whether, in case we fix the date of the election as we have it now, it is believed that there would be any danger that it would interfere with our admission into the Union as a State, even though it should turn out that another day has been fixed by Congress?

The PRESIDENT. It may possibly be that by some accident, although the bill has passed both houses of Congress, it may have been neglected, and failed to receive the approval The PRESIDENT. There is no doubt in my of the President. These reports which we mind, that a vote of the people, taken at any have received all speak of the action of Con- other time than that which is fixed by the Act gress alone. We have never received anything, of Congress, would be a nullity. The original even from the correspondents of the news- Enabling Act, which is the only legislation papers, mentioning the Act as having been ap- of which we have official information, proproved and signed, or as having become a law.vided that the election should be held on Mr. McCLINTON. I will move, in order to the second Tuesday in October, which will be