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Tuesday,]

FITCH-Gibson-BALL-COLLINS-CROSMAN-STURTEVANT-CHAPIN.

[July 5th.

curs.

The PRESIDENT. If these rules are to be it appears that we are to have three clergymen adopted I suppose the word “ President” is to every day. be substituted for “ Speaker ” wherever it oc- Mr. BÅLL. Oh, no! they are to alternate,

at $2 50 each. The word “chaplain” is in the Mr. FITCH. I do not see how we can well singular; not in the plural. get along under these rules without each mem- Mr. STURTEVANT. It strikes me quite forber being furnished with a copy, and as there are cibly still that each one of them will get his only four or five copies to be had, I suggest | $250 per day. There might be a row among the the propriety of having them printed.

clergymen, and that would be a thing rather Mr. GIBSON. Mr. Thomas Carson, who is discreditable to the town. (Laughter.] present, states that he thinks he can find over The PRESIDENT. I apprehend that there a hundred copies, which were printed for the is no difficulty. It is understood, of course, last Legislature, and left over.

that the per diem is allowed to those who Mr. BALL moved that the report be received officiate, each in his regular course. and the Committee discharged, which was The question was taken on the adoption of agreed to.

the report, and it was adopted. The question recurred on the adoption of the

ELECTION OF SERGEANT-AT-ARMS. report.

Mr. COLLINS. In the rules of the third Mr. HAWLEY moved that the Convention Legislature the words “Speaker” and “Clerk” proceed to the election of subordinate officers, occur very frequently. I move to substitute viva voce ; which motion was agreed to. the words - President” and “Secretary” in The PRESIDENT announced that nominaevery case.

tions were in order for a Sergeant-at-Arms and The PRESIDENT. A motion will not be Doorkeeper. necessary to that effect; the Secretary will Mr. MURDOCK. I put in nomination Thomas make the corrections, and it will be understood Carson, of Carson, as being the report of the Committee.

Mr. HAWLEY. Is it one officer, or two? The question was taken on the adoption of Mr. CHAPIN. It is one ; but he can disthe report, and it was adopted.

charge all the duties of two.

Mr. HAWLEY. I move that we dispense ADDITIONAL OFFICERS.

with calling the roll, and elect him by accla

mation. Mr. BALL, from the Special Committee on Subordinate Officers and their Compensation, SON was unanimously elected as Sergeant-at

The question was taken, and THOMAS CARpresented the following report :

Arms and Doorkeeper.
To the President and Members of the Constitutional
Convention: Your Committee on Subordinate Officers

ELECTION OF OFFICIAL REPORTER. and Compensation beg leave to report: That, in view

The PRESIDENT announced that nominaof a short session, they deem it advisable that an Assistant Secretary be enployed, and that enrolling and tions were in order for Official Reporter. engrossing clerks be specially appointed when they Mr. CHAPIN. I put in nomination, Mr. may be needed at the close of the session. We recom- President, Mr. Andrew Jackson Marsh ; and as mend the adoption of the following resolutions:

Resolved, that the Convention clect one Sergeant-at- there are no other nominations, I move that Arms and Doorkeeper, one Official Reporter, one Page, the rules be suspended and he be elected by one Porter, one Assistant Secretary, and that the three acclamation. resident clergymen of Carson be requested to alternate in opening the sessions of the Convention with prayer.

The question was taken, and ANDREW J. Resolved, That the following compensation be allowed MARSHI was unanimously elected Official Rethe officers of the Convention:

porter. To the Secretary, $10 per diem. Assistant Secretary, $5 per diem.

ELECTION OF PAGE. Sergeant-at-Arms and Doorkeeper, $6 per diem.

The PRESIDENT said nominations were in Page, $4 per diem. Porter, $t per diem.

order for a Page. Chaplain, $2 50 per diem.

Mr. GIBSON. I put in nomination George Official Reporter, $15 per diem, and thirty cents per Richards. folio for writing up his notes; Provided such notes

Mr. BROSNAN. I would like to have the shall only be written up if the Constitution framed be adopted by the people.

young gentleman define his position on the Resolreri, That the President and Secretary are here- Union. by instructed to certify the accounts of the officers of this Convention in duplicate-one to the first State Oh, it is sound! [Laughter and applause.]

Master RICHARDS (the candidate for Page). Legislature convened, provided framed be adopted; and in the event of its rejection Mr. BROSNAN. I move that he be elected by the people, one to the Territorial Legislative Assem- by acclamation. bly, asking an appropriation for their payment on behalf of this Convention.

The question was taken and the motion was Mr. CROSMAN moved that the report be agreed to; and Master GEORGE RICHARDS received and the committee discharged, which was unanimously elected as Page of the Con

vention. was agreed to. The question was on the adoption of the

ELECTION OF ASSISTANT SECRETARY. report.

The PRESIDENT called for nominations for Mr. FITCH. From the reading of the report Assistant Secretary.

Tuesday, ]

HIOVEY-KINKEAD-CHAPIN-PRESIDENT-DUNNE-BANKS.

[July 5.

Mr. HOVEY nominated Andrew Whitford. get them before the house, though I do not

There being no other nomination, under a know what they are. suspension of the rules ANDREW WHITFORD The PRESIDENT. Perhaps they had better was unanimously elected, by acclamation, as be read before the gentleman proceeds. Assistant Secretary.

Mr. DUNNE. Only one word. I present these

resolutions as the sentiments of a large body ELECTION OF PORTER.

of my constituents, and as the sentiments of Nominations were called for for a Porter.

those people, I ask to have them receive the

With this exMr. KISKEAD nominated WILLIAM E. attention of the Convention. SKEENE, who was unanimously elected by planation, I will ask the Secretary to read them. acclamation.

The Secretary read as follows :Mr. CHAPIN. As the officers are now all

WHEREAS, This Convention bas assembled, not from elected, I suggest that Judge Wright be invited any call of the people of this Territory, but in pursuto come in and administer the oath of office to ance of an act of Congress which virtually compels 118 them.

to take action again upon a question which we believe The PRESIDENT said he would take that should be left entirely to the unbiassed judgment of

the people, uninfluenced by the interested appeals of course.

aspirants for office, or by the surging passions of parJudge S. C. Wright came in immediately tisan strife; and thereafter, and the oath of office was taken and WHEREAS, The overwhelming defeat sustained by subscribed by the several officers of the Con- the late Constitution from the people themselves but à

few months ago, and later still from their Representavention elected.

tives in Legislature assembled, is a convincing proof Mr. KINKEAD. I presume it is necessary to of the sentiments of this Territory as to the propriety take some action in regard to notifying the of at present assuming the responsibilities of a State clergymen of the request of the Convention favor of such action was no test, inasmuch as no canthat they officiate alternately as Chaplains. I vass on the subject was had, and the question coustimove that the Secretary be instructed to notify tuted no part of the real issue in the contest; and the three resident clergymen of Carson City upon even the most economical basis is necessarily at

WHEREAS, The conducting of a State Government of the action of the Convention in reference to tended with a burden of expense, greater than the peothe Chaplains.

ple at present can bear, and which would necessitate a The question was taken and the motion was ruinous system of credit and depreciation of the paper

of the State, because of the absence of the necessary agreed to.

basis of revenue upon which the people will willingly

consent to be taxed; and BASIS OF THE CONSTITUTION.

WHEREAS, The reasoning of the supporters of tho

late Constitution, that twelve months' time would show Mr. CHAPIN. I suppose we are now ready the taxable property of the Territory doubled in to go to work, as the machinery of the Conven- amount and trebled in value, has failed to be sustained tion is all in regular order. I therefore offer by the facts in the case; but that, on the contrary, a

depreciation instead of an increase has ensued; and this resolution :

WHEREAS, The submission of another Constitution Rezoluri, That the Constitution adopted by the late to the people, at present, would be to force upon them Consention be taken as a basis by this Convention, and again an election at a great expense for the settlement that the same be taken up in Committee of the whole of a question upon which they have just given their and acted upon section by section.

decision-ho recently, in fact, that the echo of their remonstrance has scarcely yet died in our cars; and

WHEREAS, Of all possible times for the submission ADJOCRXMENT WITHOLT DAY.

of such a question, the present is the least appropriate, Mr. DUNNE. If the gentleman will permit upon from its intrinsic merits alone; one which calls

the question being one which should be determined me. I have a resolution which I wish to offer, for the exercise of the calmest judgment, and for a and which I think comes more properly before consideration of its effects upon the whole people, and the one he has presented. It will take but a

not as to how it may benefit the interested few; and the

time proposed for action upon it being not only at the moment to act upon it, and I will ask as a red-hot heat of a Presidential campaiyn, but of a confavor that he withdraw his resolution for the test the like of which, for partisan enthusiasm and party present and allow me to present mine.

bitterness, the world has not yet witnessed; when the Mr. CHAPIN. Certainly ; I withdraw it.

mingled indignation and loathing, and tierce, vindic

tive hate of patriotic men against the infamy of treason Mr. DUSSE. Before the resolution which I may easily be stirred by designing politicians to carry offer is read, as it is the first time I bave had this Constitution through, if for no other reason than the floor since the marked courtesy extended because it would inflict an additional pang upon the

rebellion to see another star rise grandly to its place in by the Convention to those who came late, by the constellation sought to be shirouded in the pall of waiting for them before proceeding to business death; and I desire to express my appreciation of that

WHEREAS, Though we yield to no portion of this na. courtesy, and the more so because; perhaps, lingness to sacrifice our interests for the public good,

tion in our love or devotion to our country, or in wilsopething in these resolutions might be con- we do not believe the Government is menanced by strued as not evincing that appreciation on my any danger which reqnires of us the assumption of the part. The sentiments of these resolutions are attitude of a State to prevent: and

WHEREAS, We have assembled here as the represensuch that I am satisfied

tatives of the real interests of this Territory, in order The PRESIDENT, (interrupting.) Will the that no action prejudicial to those interests should be gentleman suspend a moment; I think the had in this body; and rreolutions are pot seconded.

WHEREAS. There is nothing in the act calling us to

gether which imposes any obligation upon us to form a Mr. BANKS. I will second them in order to Constitution; and

Tuesday,]

DUNNE-BROSNAN-DELONG-PRESIDENT.

[July 5th.

WHEREAS, It should be our first duty to represent, which you can hope to raise funds to carry by our action here, the expressed sentiment of the peo- on a State Government. There is scarcely ple we claim to represent; therefore

Resolved, That the paramount allegiance of every citi- any property to speak of in this Territory, outzen of the United States is due to the Federal Govern. side of mining property, and the people will not ment; that we heartily endorse the general policy of willingly consent to see that species of property the present Administration in its efforts to maintain taxed. In my own county, to my knowledge, the United States; that we are in favor of the most since the assessor, under the revenue act of last thorough and vigorous prosecution of the war, without winter, began his operations, the people have exforever eradicated from the land; that we are for the pressed the most unlimited abhorrence of that employment of all means of civilized warfare for the mining law—the law taxing mining propertyaccomplishment of that end; but that when rebels re- and they have expressed their determination sort to the atrocities of savage cruelty, we believe re-that that law shall be repealed at the next sestaliation justifiable.

Resolved, That we believe the initiative steps towards sion of the Legislature. They expressed, farther the forming of a State Government should only be than that, their determination never to consent taken under the direction of the people themselves by to have such a law remain on the statute books. direct expression of their will, and particularly so

Those who believe that a Constitution can when it is required to be done at their expense.

Resolved, That under the circumstances, we deem it be adopted now with the mining tax clause in our duty to return to our constituents, leaving to them it, think we can go on under it and get a reythe right to call a Convention for the formation of their enue, because they have succeeded in having a State Constitution, whenever they shall deem it advis- law passed

by the Legislature taxing this species able for their own interests to do so.

Resolved, That when this Convention adjourn it ad- of property ; and so long as that law remains, journ sine die.

they say, then everything is sure and as they Mr. DUNNE. I have only a few words to say, want it. Because the Legislature adopted that Mr. President, in regard to these resolutions, measure once, they contend that we can adopt I hope that each member of the Convention it again, and safely allow it to go before the will endeavor to vote upon them exactly as people without any clause exempting the mines he believes the sentiments of a majority of his from taxation. I hope, however, that their exconstituents demands. I do think, however, so pectations will be disappointed in that respect. far as I myself am concerned, that, when we But I know that the minds of most of the consider the action of the people of this Terri- members have been specially exercised on this tory, taken in conjunetion with the considera- subject, as it has been before the people in tion of our circumstances—a careful compari- many ways since the late Constitution was reson of our present state with what it was jected, and I am satisfied, therefore, that the twelve months ago, financially speaking, or Convention will be willing to determine this what it was at the time when the previous Con- matter without further debate. Hence, as I do stitution was proposed and rejected—we should not wish, above all things, to set the example be induced to refrain from presenting another of making long speeches, I will submit my Constitution to the people at the present time. resolution to the action of the Convention, withI think that the depreciation of property, the out any further remarks, unless they shall meet depreciation of the valne of mining stocks, and with some opposition which may call for reply. the cessation of investments necessarily conse- Mr. BROSNAN. I move that the preamble quent upon the downfall of all mining stocks, and resolutions be indefinitely postponed. have rendered such a measure impolitic. I say Mr. DELONG. I have asked that the resothat all these things taken together, tend to lutions be read. I am informed, however, that show that if the people did not wish to adopt they are very long, and I will withdraw that a Constitution and State Government, some request if some gentleman will state the purmonths ago, when everything looked more port of them. prosperous and promising than now, they cer- The PRESIDENT. The purport, so far as tainly do not wish to do so at this time. the Chair understands it, is a proposition that

Then, in regard to the basis of revenue, I we dissolve this Convention and go home to think it is unmistakably apparent to all that our constituencies without doing anything the last Constitution was rejected because the further. mines were taxed ; there can be no question as Mr. BROSNAN. I wish to make one or two to that proposition. Now, if there is to be a suggestions before the vote is taken on the Constitution submitted to the people, leaving pending question. I bave listened to the readthat clause out, or recommending the proposi- ing of the preamble and resolutions with a tion that the mines shall not be taxed, I think great deal of attention, and I have been struck it would undoubtedly be satisfactory to the very much, Mr. President, with the loyalty of people in that regard ; but I doubt whether the sentiments which they embrace. I should such a Constitution would be satisfactory to be the last person in the world to vote against the office-holders under that Constitution, for those sentiments, or to willingly favor any oppoI do not see, for my part, where their pay site doctrines. But that, I conceive, is not the would come from. There is scarcely any prop- question here. I consider that our duty is erty, when you come to look at the vast budget marked out for us by the highest authority of the of State debt which would be accruing every land, and that, as sensible men, who have been year, aside from the mining property, from) sent here to discharge a specific duty, we should

1

Tuesday,] DUNNE-FITCH_DeLong-HAWLEY-NOURSE-PARKER—Tozer—Banks. (July 5.

be playing the part of children to dissolve our tion now pending will not be withdrawn, but Convention at the present time without having that we shall dispose of the whole subject in a done wbat we came here to perform. So far summary manner and proceed with our busias the loyalty of the sentiments expressed in ness. I object to its withdrawal. the resolutions is concerned, I most heartily ac- Mr. PARKER. I ask for information in record with them each and every one, and lest it gard to the rules. If this matter be laid on the might be deemed by my friend from Humboldt table I want to know whether, under the rules, that I intended any disrespect either to bim either a majority or two-thirds can take it up or to the loyal sentiments which he has em- again. That may make a vast difference, bebodied in his resolutions in moving their cause if it is liable to be taken up again, we indefinite postponement, I will ask permission may be annoyed with this question for weeks to change my motion, and move instead that here. they be laid upon the table.

The PRESIDENT. The Chair has no more Mr. DUNNE. I said that I would make no opportunity of ascertaining what the rules are further remarks unless some point should be than the rest of the Convention, as they are made against the resolutions, and I notice now not accessible in print, and there is only a that there is a point made, namely, that it is single copy on the table; but the impression of our duty here to form a Constitution; that that the Chair, from his past experience, is, that laypath of duty has been marked out for us by the ing a subject upon the table is about the last supreme authority of the nation ; that we have of it. come here in obedience to tbat call, and would Mr. COLLINS. I think there is another rule be recreant to our duty if we adjourned our equally applicable, which is, that a majority Convention without performing that work can take it up again at any time. which we came here to do.

Mr. DELONG. Certainly, the best way is to Mr. FITCH, (interrupting.) I rise to a ques- withdraw the motion, and move an indefinite tion of order. I dislike to interrupt the gen- postponement. Then if the gentlemen do not tleman from Humboldt; but certainly, upon a want debate, they can move the previous quesmotion to lay upon the table, debate is not in tion, and have a vote on that. If the previous order.

question be sustained, and the motion to indefiMr. DELONG. I do not think my colleague nitely postpone carried, we get rid of the quesfrom Storey (Mr. Brosnan) intended by his mo- tion forever. For one, I would like to have it tion to cut off debate, and I would request him discussed as long as the gentleman wants it disto withdraw the motion. It is rather a harsh cussed. I do not understand that it makes any way for a gentleman to make a speech and difference whether it requires a majority or a wind up with a motion to lay upon the table, two-thirds vote to take it up again, because in which necessarily prevents any one from reply- either case it may be taken up at any time. ing.

Mr. FITCH. I understand the rule to be in The PRESIDENT. The motion is not de- California, that a majority vote may take any batable, and unless it is withdrawn the Chair subject from the table. will rule debate out of order.

Mr. BANKS. The practice in California bas Mr. DUNNE. I should think that, having been to require a two-thirds vote when the momade a portion of an argument against the tion to take up was not made in the regular resolutions, the gentleman from Storey would order of business, but under the head of "mobe willing to have them further discussed. tions and resolutions," or under the head of

Mr. HXWLEY. I would suggest that, judg-“ unfinished business,” any matter could be ing from the drift of the remarks of the gen- taken up by a majority. tleman from Humboldt (Mr. Dunne), so far as The PRESIDENT. This discussion is somehe bas been allowed to proceed—I am inclined what out of crder, but it has been tolerated by to think at least that a point was about to be the Chair in order that the Convention may unraised which it would probably be well enough derstand the effect of the vote to be taken. for the Convention to take into consideration. Mr. TOZER. It seems to me desirable to disIf it is in order, I will ask that the rules be sus- pose of this resolution finally at this time ; but pended to allow the gentleman to make his ex- I dislike very much to dispose of it without a planation.

full, fair, and free discussion upon it. It is a Mr. FITCH. The only way to settle it, I matter, certainly, of considerable importance, take it, is to vote down the motion to lay on as the gentleman from Humboldt says it emthe table, or for the mover of that motion to bodies the views and wishes of a large portion withdraw it; there is nothing else in order of his constituency; and I really hope that while that motion is pending.

nothing will be done in the Convention which Several gentlemen objected to the with will cut off the discussion of the matter. Let drawal of the motion to lay on the table. it be amply discussed, and then finally disposed

Mr. CROSMAN. I hope the Convention of. will consent to its withdrawal temporarily. The PRESIDENT. This discussion is all out

Mr. NOURSE. I hope it will not be with- of order. An inquiry was made in reference drawn ; these resolutions have been thrown in to the effect of the vote about to be taken, and here as a sort of firebrand, and I hope the mo- the Chair is now prepared to state, from the Tuesday,]

DELONG-GIBSON-HAWLEY-TOZER-CROSMAN-PRESIDENT— Banks.

[July 5.

limited opportunity given him to examine the Nays-Messrs. Crosman, DeLong, Dunne, Gibson, rules, that in the opinion of the Chair, a major- Hawley, Kinkead, Lockwood, Parker, Tozer, and the

President-10. ity vote would be sufficient to take the resolutions from the table, inasmuch as only a ma

Mr. CROSMAN. I voted “no," for the reajority vote is necessary to lay them upon the sons which have already been assigned by gentable.

tlemen. It was my expectation, or at least my The question was stated on the inotion to lay hope, that this motion to lay upon the table the preamble and resolutions on the table.

would have been voted down, in order that I Several gentlemen demanded the yeas and might make a motion to indefinitely postpone nays, and a vote was taken by yeas and nays.

the resolutions. Upon that motion, my friend During the voting-

from Humboldt could have explained his posiMr. DELONG. I ask leave to explain my

tion. vote, and inerely wish to say a word. I intend

The PRESIDENT. The gentleman is not in to vote in the negative on this question, simply order, except by consent of the Convention. out of courtesy to the gentlemen who offered (“Leave. Leave.”] the resolutions, and not because I think there

Mr. CROSMAN. Only one word further. I is no necessity for a State Government, nor be- wanted the gentleman to have the privilege cause I do not intend to support the Constitu- of explaining; and believing that the sense of tion which may be framed here. I vote no," the Convention was in favor of disposing of the solely out of courtesy, and I regret that the resolutions immediately, the vote could ihen be motion was made, because I would like to give taken on indefinite postponement. For my to the Convention, and through it to the peo- part, I am in favor of a State organization, and ple, my reasons for favoring a State Govern- I am in favor of doing anything that the Genment at this time, when it is well koown that eral Government asks at our hands, to sustain one year ago I opposed it with all my might. it in this conflict. I vote - no."

The PRESIDENT. In this same connection, Mr. GIBSON. I shall vote “no,” for the with the permission of the Convention, while simple reason that I wish to have the subject explanations are the order, I desire to say that I ventilated.

am opposed to every thing contained in those Mr. HAWLEY. I ask leave to say a word in resolutions, except the very loyal sentiments explanation. I shall vote “10," upon the ques- expressed therein, which I of course heartily tion of laying on the table, partly because I approve. For the same reasons which have wish to see an opportunity extended to the gen-been expressed by other gentlemen, I voted tleman from Humboldt, (Mr. Dunne,) to explain against laying the resolutions on the table. bis peculiar views on the question which he in

Mr. BANKS. I ask leave to say a few words troduced, or intimated in his remarks, as far as in explanation of my vote. I will only say, he went. If " coming events cast their shad- that with all my desire to extend courtesy to ows before," I am inclined to think that the my colleague, for whom I entertain the most gentleman from Humboldt was about to raise profound respect, I so thoroughly disagree certain propositions based upon the remarks of with the sentiments advanced in these resoluthe gentleman from Storey, (Mr. Brosnan,) to tions, so far as they pertain to the people whom the effect that he did not consider this Conven- I represent, and so far as they pertain to the tion in duty bound to take into consideration, propriety of adopting a State government, that or to take any notice whatever, of the call of I felt compelled to vote in favor of laying them the national government convening us here for on the table, because I regarded that vote as a a specific purpose. How much further he might test vote, and I wished to place myself right have gone if he had not been interrupted, we

on the record against those resolutions. have no means of knowing; and for my part, as

Mr. HAWLEY. Will the Convention allow a member of the Convention, and a delegate me a moment to explain my vote? I merely representing a loyal community, I feel some- wish to say that I am decidedly in favor of a what anxious to understand the gentleman's State organization, and opposed to everything entire proposition.

in the resolutions except their patriotic sentiMr. TOZER. I ask leave to explain my vote ments. I wanted to say this now, because I briefly. I vote “no," on the motion to lay the neglected to do so when I had the floor before. resolutions on the table, and I do so for the

Mr. DUNNE Some gentlemen, in explaining fame reasons which have been given by other their votes, bave expressed a desire to extend gentlemen of the Convention,---not because I courtesy to the gentleman from Humboldt. do not at this tim“ favor the organization of a Now. I would say that with me there is not a State government, but simply because I am op- particle of personal consideration in this matposed to this manner of disposing of the ques. ter--the gentleman from Humboldt has not the tion.

slightest feeling about it. He understood that The result of the vote was announced as fol- th- vote was simply on the principle involved lows:

in the resolutions which he bad felt it his duty

to offer, conceiving it to be the wish of his conYeas- Messrs. Ball, Banks, Belden, Brosnan, Brady, stituents that resolutions of this nature should Chapin, Collins, Crawford, Earl

, Fitch FrizeliFolbe presented for the consideration and action son, Hudson, Hovey Kennedy, Murdock, Nourse, Proctor, Sturtevant, Tagliabue, and Wetherill—21. of the Convention, So far as the gentleman

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