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[July 26.

the 11th of the month, and it was with a view to tions precedent, and one of those conditions is bring that election on the same day as the Ter- that the vote of the people upon the Constiritorial election, thereby avoiding the trouble tution shall be had on a given day. Though and expense of two elections, that I took part in the President might assume the responsibility forwarding the petition which was sent from of passing by the irregularity, still the queshere to the Senate and House of Representa- tion would arise whether the President's proclatives, signed by many of the prominent citizens mation would be legal, under such circumof the Territory, asking that such chan, e might stances. The act of admission depending upon be made. The idea was that the change would the conditions precedent, and they not having affordus sufficient time for the election of been complied with, would the President's proState officers, and also enable the people of the clamation amount to anything? State to participate in the Presidential elec- Mr. COLLINS. What would be the differtion.

ence, practically, on this side of the continent, Mr. CHAPIN. I am very much surprised or the other either? that the Governor has not officially ascertained The PRESIDENT. It migbt make a differthe fact as to the action of Congress.

ence both on this side and the other. Mr. COLLINS. I will state that I have had Mr. COLLINS. It Congress, when it meets a conversation with Governor Nye on this very on the first of December next, should remedy subject, and he is of opinion that Congress the matter by legalizing the act of admission. I has made the amendment, although he has no do not see that it would make any difference, such official information, changing the day of and I have no doubt that Congress would give the election to the first Wednesday of Septem- us that remedy. In that case what would be ber. He is also of the opinion that, even if the effect on this side, of our making a mistake no such act has been passed, the Government in the date ? will accept the change on our part, and it will The PRESIDENT. My judgment is that it be no obstacle to our admission into the Union. might occasion a conflict between the authori

The PRESIDENT. Without intending any ties of the Territorial and State Governments. disrespect to Governor Nye, or questioning his There is no question but that Congress could legal understanding, I must say, nevertheless, I legalize the act, and then our admission would am surpised that he should have advanced such be accomplished, but in the meantime we a legal opinion.

might witness a repetition of the scenes of the Mr. COLLINS., I regard it more as a com- Dorr war, in Rhode Island. mon sense opinion than as a legal opinion. Mr. COLLINS. This conflict of opinion about

The PRESIDENT. I do not think it is even the propriety of voting upon the Constitution common sense. Congress prescribes one par- upon a day which may perchance be different ticular day for the election, and if we provide from that designated by Congress, may embarthat the vote shall be taken on a different day rass us more than anything else, and I fear it the President could have no authority to de- will. I hope, therefore, that the Governor will clare by proclamation that we are admitted be requested by the Convention to telegraph into the Union.

immediately to the President of the United Mr. COLLINS. The President might not States, or some other officer, in order that we look upon that as a material matter. I have may have the necessary information, if possiobserved, in my experience, that when men ble, before the Convention adjourns. want very much to do a thing they always find The PRESIDENT. We might leave it blank a way to do it, and if they want to defeat a until we can procure the needed information, thing they are generally able to find a way to and if we do not receive it in time, we can then defeat it. Now I think the President might simply provide that the Constitution shall be reason on the subject somewhat in this way: subinitted on the day designated in the Act of * Nevada is a great distance from the capital Congress. It will not be necessary in that of the Nation ; there has been some misunder-case to specify the day, although if we knew standing, it is true, about the date of the elec- the exact date it would certainly be better to tion, but she has completely fulfilled the spirit name it in the ordinance. of the Enabling Act. Although there is a dis- Mr. COLLINS. What objection is there to crepancy in regard to the day of the vote, yet telegraphing. so as to obtain the information as she has fully come up to the spirit of all the re- soon as possible ? quirements of the law. Congress wants her to The PRESIDENT. None whatever. become a State, I want her, and in the language Mr. BROSNAN. We shall get along bettter of one of my predecessors, I will assume the re- and faster, I think, by doing one thing at a sponsibility." I should not marvel at all if the time. I am in favor of the proposition of the President should reason thus, even though gentleman from Humboldt, (Mr. Banks), to there might be a violation of the strict letter of strike out the date and leave it blank for the the legal requirements of the Act of Congress. present. Let us do that, and then we can au

The PRESIDENT. But it would not depend thorize the Committee on Re-enrollment, which upon the act of the President of the United has already been provided for, to fill the blank States. The legality of the act of admission in the original copy with the correct date. depends rather upon a fulfillment of the condi- The PRESIDENT. The committee might do

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[July 26.

that, certainly, with quite as much propriety as think was the amount I named--for educational the clerks of the Legislature of the year 1863 purposes. I was mislead as to the amount by could be authorized to supply the blanks in the memory of my imformant, although I was the Act which was passed calling the first myself aware of the fact that some proposition Constitutional Convenion.

of the kind had been made. The fact is, that Mr. FRIZELL. I have thought until the the petition referred to asked for a tax of only present time, that this Convention was com- ! half a mill on the dollar. If the report of our posed of statesmen and philosophers, but I proceedings should ever be printed, I would begin to alter my opinion. It is very singular, not like to have such a misstatement contained certainly, that this most important point is not in my record, and hence I make the correction, known to the Convention after it has been in The PRESIDENT. The resolution is now session over three weeks. I am rather aston- prepared ; the Secretary will read it. ished that the President has not ascertained the The SECRETARY read, as follows: fact before this time.

Resolvell, That Mr. Proctor be, and he is hereby apMr. PROCTOR. I will more that the Presi- pointed a committee of one to wait on his Excellency dent of the Convention be instructed to tele- the Governor, and respectfully ask him to telegraph to

the authorities at Washington for information as to graph to the President of the United States to the precise day prescribed by the Act of Congress for obtain this information.

submitting the Constitution to the people for their The PRESIDENT. The Governor of the Ter- ratification. ritory would be more appropriate.

The resolution was adopted by unanimous VI, PROCTOR. No; I think the President consent. of the Convention is more appropriate. It The PRESIDENT. The gentleman from Nye seems to me that it would come with more (Mr. Proctor) will please attend to that duty. force from him, for then the President or Secre

ELECTION ORDINANCE-AGAIN. tary of State would see at once the object of the inquiry, and the importance of returning

Mr. COLLINS. Now let us proceed with the an immediate answer. If it came from the reading. Governor they might possibly not appreciate

The PRESIDENT. If there is no objection, the importance of it.

the amendment proposed by the gentleman The PRESIDENT. I hope the motion will from Humboldt (Mr. Banks) will be adopted, be modified so as to request the Governor to without the formality of recommitment. send the despatch. I am sure he will do it

No objection being made, the amendment was cbeerfully.

adopted by unanimous consent. Mr. HAWLEY, I will move to amend the

The PRESIDENT. The Secretary will now motion so as to request the Governor to tele- read the Ordinance, commencing with Secgraph.

tion 1. Mr. BANKS. Let us do one thing at a time.

The SECRETARY read Sections 1 to 6, inThe question is, as I understand, on my motion clusive, as follows: to recommit with instructions to strike out the SECTION 1. On the

A. D. 1864, this Constitudate.

tion shall be submitted to the qualified electors of said The PRESIDENT. If there is no objection, Territory, in the several counties thereof, for their apthe gentleman from Storey, (Mr. Collins,) will proval or rejection ; and further, on the first Tuesday

after the first Monday of November, A. D. 1864, there be requested to act as a committee

shall be a general election in the several counties of Mr. HAWLEY. I have moved to substitute said Territory, for the clection of State officers, Suthe Governor of Nevada Territory.

preme and District Judges, members of the LegislaMr. PROCTOR. I will move that a commit- ture: Representative in Congress, and three Presi

dential electors. tee of three he appointed by the Chair to wait; SEC. 2. All persons qualified by the laws of said upon the Governor immediately, and request Territory to vote for Representatives to the General him to telegraph to the President of the United Assembly, on the said 21st day of March, includiug

those in the army of the United States, both within Siates.

and beyond the boundaries of said Territory, and also Vr. KINKEAD. A committee of one will be all persons who may by the aforesaid laws be qualified better. If you have a committee of three it to vote on the , A. D. 1864, including those in will leave us without a quorum, and one will the aforesaid army of the United States, within and

without the boundaries of said Territory, may vote do just as well.

for the adoption or rejection of said, Constitution Mr. PROCTOR. I have no objection. on the day last above named. In voting upon this The PRESIDENT. Gentlemen will suspend Constitution, each elector shall deposit in the ballot

box a ticket, whereon shall be clearly written or a moment, until the Secretary prepares a reso- printed "Coustitution, Yes," or "Constitution, No," or lution.

such other words that shall clearly indicate the inten

tion of the elector. QUESTION OF PRIVILEGE.

SEC. 3. All persons qualified by the laws of said Mr. HAWLEY. I rise to a question of priv- Territory, to vote on the Tuesday after the first Monilege. I know it is rather informal, but I may army of the United States, within and beyond the as well do it now, whilst we are waiting. boundaries of said Territory, may vote on the day last stated the other day that a petition had been above named for State officers, Supreme and District in circulation in California asking for the levy Judges, Members of the Legislature, Representative

in Congress, and thrce Presidential electors to the of a tax of five mills on the dollar—that I Electoral College.



[July 26.

SEC. 4. The elections provided in this ordinance Mr. McCLINTON. And we have already shull be holden at such places as shall be designated by passed a resolution requesting the President to in said Territory. The Judges and Inspectors of said inform us by telegraph of the issuing of his elections shall be appointed by said Commissioners, proclamation. and the said elections shall be conducted in conformity The PRESIDENT. I think it is very plain, with the existing laws of said Territory in relation to from the language of the Act, that we become holding the general elections.

Sec. 5. The Judges and Inspectors of said elections a State in the Union at once. shall carefully count each ballot, immediately after said Mr. BROSNAN. Yes, sir ; we become a State, elections, and forth with make duplicate returns thereof instanter. to the Clerks of the said County Commissioners of

Mr. COLLINS. I have made an alteration their respective counties; and said Clerks, within fifteen days after said elections, shall transmit an abstract of which I think will meet the approval of the the votes, including the soldiers' vote, as hereinafter Convention, striking out the words “thirty days provided, given for state officers, Supreme and District after," and inserting instead the word " when," dential electors, inclosed in an envelope, by the most so that the latter clause will read as follows: safe and expeditious conveyance, to the Governor of

" When the President of the United States shall issaid Territory, marked “Election Returns." Sec. 6. Upon the receipt of said returns, including the Union on an equal footing with the original States,

sue his proclamation declaring this State admitted into those of the soldiers' vote, or within twenty days after this Constitution shall thenceforth be ordained and the election, if said returns be not sooner received, established as the Constitution of the State of Nevada" it shall be the duty of the Board of Canvassers--to consist of the Governor, United States District Attorney, The amendment suggested was agreed to by and Chief Justice of said Territory, or any two of

unanimous consent. them-to canvass the returns, both Civil and Mili. tary, in the presence of all who may wish to be pres

The SECRETARY read Sections 7 to 10, inent, and if a majority of all the votes given upon this clusive, as follows: Constitution shall be in its favor, the said Governor SEC. 7. For the purpose of taking the vote of the shall immediately publish an abstract of the same electors of said Territory who may be in the army of and make proclamation of the fact, in some news the United States, the Adjutant-General of said Terripaper in said Territory, and certify the same to tory shall, on or before the 5th day of August next folthe President of the United States, together with a lowing, maku out a list in alphabetical order, and copy of the Constitution and ordinances. The said deliver the same to the Governor, of the names of all Board of Canvassers, after canvassing the votes of the the electors, residents of said Territory, who shall be said November elections, shall issue certiticates of in the army of the United States, stating the number election to such persons as were elected State officers, of the regiment, battalion, squadron of cavalry, batJudges of the Supreme and District Courts, Repre-tery of artillery, and the letter of the company to sentative in Congress, and three Presidential electors. which he belongs, and also the county or township Thirty days after the President of the United States of his residence in said Territory. shall issue his proclamation declaring this State ad- SEC. 8. The Governor shall classify and arrange the mitted into the Union on an equal footing with the aforesaid returned list, and shall make therefrom sepa. original States, this Constitution shall thenceforth be rate lists of the electors belonging to each regiment, ordained and established as the Constitution of the battalion, squadron, and battery from said Territory in State of Nevada.

the service of the United States, and shall, on or before The PRESIDENT. What is that thirty days the fifteenth day of August following, transmit

, by

mail or otherwise, to the commanding officer of each for?

regiment, battalion, squadron, and battery, a list of Mr. COLLINS. It will take about thirty days electors belonging thereto, which said list shall specify to bring the official information ?

the name, residence, and rank of each elector and the The PRESIDENT. But the Enabling Act ex-company to which he belongs, if to any, and also the pressly provides, that upon the issuing of the counts and township to which he belongs, and in which

. President's proclamation the State shall be ad- SEC. 9. Between the hours of nine o'clock, A. M. and mitted into the Cnion. It then becomes an three o'clock, P. M., on each of the election days here accomplished fact, and nothing further is re- votes shall be opened under the immediate charge and

inbefore named, a ballot-box or suitable receptacle for quired, on the part of Congress, or on the part direction of three of the highest officers in command, of the State.

for the reception of votes from the electors whose Mr. CHAPIN. And we have provided for names are upon said list, at each place where a regia telegraphing the information of the issuing of said Territory in the army of the United States may be the proclamation.

on that day ; at which time and place said electors Mr. BANKS. I wish to inquire how that ar- shall be entitled to vote for all officers for which by

reason of their residence in the several counties in rangement has been made ?

said Territory they are authorized to vote, as fully as Mr. CHAPIN. By a resolution which has they would be entitled to vote in the several couuties been passed by the Convention.

or townships in which they reside, and the votes so Mr. COLLINS

So far as telegraphing the given by such electors, at such time and place, shall be information is concerned, we might provide them in the respective counties and townships in that the Constitution shall take effect when the which they are resident. information reaches us. But the Enabling Act SEC. 10. Each ballot deposited for the adoption or does not say when we shall become a State, nor rejection of this Coustitution, in the army of the United when our Constitution shall take effect. The States, shall have distinctly written or printed therer, Tuesday,) KENNEDY-COLLINS-TAGLIABUE-MCCLINTON—PROCTOR—CROSMAN--FRIZELL (July 26.

“ Constitution, Yes," or "Constitution, No;" and fur language of the Act is :

ther, for the election of State officers, Supreme, and " Whereupon it shall be the duty of the President District Judges, members of the Legislature, Repreof the United States to issue his proclamation, declar- sentative in Congress, and three Presidential Électors, ing the State admitted into the Union on an equal the name and office of the person voted for shall be footing with the original States, without any further plainly written or printed on one piece of paper. The action whatever on the part of Congress."

name of each elector voting as aforesaid shall be squadron, or battery,) cast the following number of Against “Constitution - No." - Number of votes votes for and against the Constitution for the State of written in full and in figures.)

checked upon the said list at the time of voting by one following number of votes for the several offices and of the said officers having charge of the ballot-box. persons hereinafter named, viz : The said officers having charge of the election shall For Governor.-(Names of persons voted for, numcount the votes and compare them with the checked ber of votes for each person voted for written in full, list immediately after the closing of the ballot-box. and also in figures, against the name of each person.)

For Lieutenant-Governor.--(Names of candidates, Mr. KENNEDY. I want inserted there, after number of votes cast for each, written out and in tig“ Constitution--no," the words “. or words of ures, as above.) a similar import."

Continue as above till the list is completed.

I, A. B.,
Mr. COLLINS. Suppose we say, "shall have

Commanding officer of the (here insert regi. substantially written or printed thereon,” in- ment, detachment, battalion, squadron, or battery, as stead of " distinctly.

the case may be.) Mr. TAGLIABUE. I do not think it is suffi

Mr. COLLINS. That word “for” should be cient.

allowed to remain, as in the printed copy, so as Mr. MCCLINTON. I claim the floor for about to read “ for Constitution-Yes,” and “ against three-quarters of a minute. I think that amend- Constitution-No.” Just leave the word " for " ment has heretofore been adopted.

there as it is now. Mr. KENNEDY. I simply wish to say that

By unanimous consent the word “for” was the word “substantially '' does not cover my inserted, in accordance with Mr. Collins' sugidea. My motion is, to insert after “Constitu- gestion. tion-no," the words, " or words of a similar

The SECRETARY read Sections 13 and 14, import."

as follows: Mr. COLLINS. I have no objection. The amendment proposed by Mr. Kennedy ed to furnish each commanding officer within and be

SEC. 13. The Governor of this Territorv is requestwas adopted by unanimous consent.

yond the boundaries of said Territory, proper and Mr. PROCTOR. I desire to report to the sufficient blanks for said returns. Convention, Mr. President, that I have called SEC. 14. The provisions of this ordinance in regard at the Governor's house, and cannot find his to the soldiers' votes, shall apply to future elections

under this Constitution, and be in full force until the Excellency. I understand that he has gone to Legislature shall provide by law for taking the votes the warm springs. Neither was his private of citizens of said Torritory in the army of the United Secretary in. I suppose the Governor will be States. back very soon.

Mr. KENNEDY. As I understood the SecThe PRESIDENT. If there is no objection, retary to read, the Governor is requested to further time will be granted to the committee furnish blanks to commanding officers outside appointed to wait on the Governor relative to of the Territory. He should also furnish them the telegraphic dispatch. The Secretary will inside the Territory. proceed with the reading of the Ordinance.

Mr. COLLINS. That is the way it reads-The SECRETARY read Sections 11 and 12, “ within and beyond the boundaries of said as follows:

Territory." SEC. 11. All the ballots cast, together with the said Mr. CROSMAN. In Section 12, I do not see voting list checked as aforesaid, shall be immediately the necessity of employing those two nega

Territory, at Carson City, by mail or otherwise, by the tives, and I will move to amend by striking out commanding officer, who shall also make out and cer- the words “for” and “ against." tify duplicate returns of votes given according to the Mr. COLLINS. I believe that is the usual way fornis hereinafter prescribed, seal up and immediately of making the returns-“ for” and “ against." transmit the same to the said Governor, at Carson City, by mail or otherwise, the day following the trans

The PRESIDENT. Would not the same remission of the ballots, and the voting list herein sult be obtained by striking out the words named. The said commanding officer shall also im

* yes ” and “no." It will then simply read, mediately transmit to the several County Clerks in said Territory, an abstract of the votes given at the

"for Constitution," and " against Constitution." general election in November, for county officers, Mr. CROSMAN. Very well; I will move to marked "Election Returns."

make those amendments. The form of returns of votes to be made

Mr. FRIZELL. If the returns are made out by the commanding officer to the Governor and County Clerks of said Territory, shall be in substance

“ against the Constitution - no," that would as follows, viz :

really be the vote for the Constitution. The Returns of soldiers' votes in the (here insert the inquiry would be : “Do you vote against the regiment, detachment, battalion, squadron, or battery.) Constitution ?" “ No!” [Merriment.]

(For first election-On the Coustitution.) I -, hereby certify, that on the

The PRESIDENT. The Secretary will read A. D. 1864, the electors belonging to the (here insert the sentence as proposed to be amended. the name of the regiment, detachment, battalion,

The Secretary read, as follows: squadron, or battery) cast the following number of votes for and against the Constitution for the State of I

hereby certify, that on the Nevada, viz :

A. D. 1864, the electors belonging to the (here insert * Constitution-Yes."—(Number of votes written the name of the regiment, detachment, battalion, in full and in figures.)

SEC. 12.

Nevada, viz : (Second election-For State and other officers.) For Constitution—(number of votes written in full

-, hereby certify, that on the first Tuesday and in figures.) after the first Monday in November, A. D. 1864, the Against Constitution-number of votes written in electors belonging to the (here insert as above) cast the full and in figures.)




[July 26.


Mr. COLLINS. I will accept those amend- Mr. COLLINS. But then it does not appear ments.

in the Constitution what is the day of its The amendments suggested by Mr. Crosman birth. were agreed to by unanimous consent.

The PRESIDENT. There are several things

to be done hereafter, before its complete adopDAY OF ELECTION-AGAIN.

tion. Mr. BANKS. I was under the impression Mr. COLLINS. Well, any way to get out of that we might possibly get the information rel- the difficulty. ative to the day fixed by Congress for submit

Mr. BROSNAN. I think we must make some ting the Constitution to the people before the provision within the Constitution for notifying time of our final adjournment, but if it is cer- the County Commissioners, in order that they tain, as I now understand it to be, that we can- may call the election, because otherwise the's not, I think perhaps we had better provide for have nothing official to guide them. Therefore, the appointment of a committee with authority when we send out the Constitution, we should to fill the blanks whenever the information shall at the same time provide for holding an eleccome to hand.

tion, upon some specified day, for its adoption The PRESIDENT. Would it not be well or rejection. to fill the blanks with words reading thus : " at The PRESIDENT. Is there not a provision the time provided by the Act of Congress ?that the Executive shall issue bis proclamation,

Mr. BANKS, As it is near five o'clock, I calling the election? move to postpone the time for recess for ten Mr. COLLINS. I do not think there is. minutes.

Mr. BANKS. It is presumed, of course, that The PRESIDENT. If there is no objection, the election will be held under the Governor's the recess will be postponed for ten minutes. proclamation.

Mr. COLLINS. I hope those blanks will be The PRESIDENT. Proclamation may be allowed to remain until the last thing we made of the fact, whether we require it or not. do. If we are going through the whole instru- and the day provided by the Act of Congress ment to-morrow, as has been suggested, the may be designated in the proclamation. Election Ordinance will be the last thing, and Nr. COLLINS. The language of the Enabling possibly we may not be able to get through to- Act is declaratory and positive. It says the

Convention shall provide by ordinance for The PRESIDENT. The article has already submitting said Constitution to the people on passed to engrossment. Even if the Governor the day named, which will be the first wednes. should now telegraph to Washington, no answer day in September if the amendatory act bas could possibly be received to-night, as the hour been passed, as is supposed. And Section 1 of is so late now that no dispatch can be deliv- the Ordinance must declare that " on the first ered, and if it were delivered no reply could Wednesday in September this Constitution shall be bad to-night. I will therefore suggest, that be submitted,” etc. instead of supplying a date, we insert, wherever The PRESIDENT. Then no provision is reference is made to the time for submitting anywhere made for a proclamation-neither in the Constitution to the people, words to this the Enabling Act nor by the Ordinance. effect : “ On the day provided by Act of Con- Mr. COLLINS. No, sir. Who would be the gress."

proper officer to issue the proclamation, the Mr. BANKS. The President will remember Governor of the Territory, or the President of that if a dispatch starts from here at this time the Convention ? it will arrive in Washington two or three hours The PRESIDENT. I think it should be the earlier,

Governor of the Territory. The PRESIDENT. But the gentleman from Mr. COLLINS. I will prepare an amendNye (Mr. Proctor) has not yet been able to con- ment in a moment. fer with the Governor.

Mr. BANKS. I move that the time for the The SECRETARY. By leave of the Con- recess be further extended, till half-past five vention, I will state that here is a dispatch, in o'clock. the Gold Mill Veus of this evening, dated Salt The question was taken, and the motion was Lake, which says the overland wires are down agreed to. east of Fort Laramie.

Mr. COLLINS. Now I move to amend SeeMr. COLLINS. Could we not empower the tion 1, so as to read as follows: Comunittee on Re-enrollment to fill the blank. “ SECTION 1. The Governor of the Territory of So The PRESIDENT. It appears to me that pada is hereby authorized to issue his proclamatica

for the submission of this Constitution to the pple such authorization would be rather unusual. Mr. COLLINS. We are in an unusual situ- the day provided for such submission by the Act of

of said Territory, for their approval or rejection, on ation.

Congress, approved March 21st, 1864, and this Consti The PRESIDENT. I think we can avoid the tution shall be submitted,” etc. difficulty by inserting on the day provided by The rest of the section being as printed. Act of Congress." I would like to hear the The PRESIDENT. No, no! You do not want opinion of the Chairman of the Judiciary Com- to give the date of the Act of Congress ; there mittee (Mr. Brosnan) upon the subject. has been an amendment made to that Act.

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