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Tuesday,]

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

The PRESIDENT. If these rules are to be adopted I suppose the word "President" is to be substituted for "Speaker" wherever it oc

curs.

Mr. FITCH. I do not see how we can well get along under these rules without each member being furnished with a copy, and as there are only four or five copies to be had, I suggest the propriety of having them printed.

Mr. GIBSON. Mr. Thomas Carson, who is present, states that he thinks he can find over a hundred copies, which were printed for the last Legislature, and left over.

Mr. BALL moved that the report be received and the Committee discharged, which was agreed to.

The question recurred on the adoption of the report.

Mr. COLLINS. In the rules of the third Legislature the words "Speaker" and "Clerk" occur very frequently. I move to substitute the words "President" and "Secretary" in every case.

The PRESIDENT. A motion will not be necessary to that effect; the Secretary will make the corrections, and it will be understood as being the report of the Committee.

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

ADDITIONAL OFFICERS.

Mr. BALL, from the Special Committee on Subordinate Officers and their Compensation, presented the following report :

To the President and Members of the Constitutional Convention: Your Committee on Subordinate Officers and Compensation beg leave to report: That, in view of a short session, they deem it advisable that an Assistant Secretary be employed, and that enrolling and engrossing clerks be specially appointed when they may be needed at the close of the session. We recom

mend the adoption of the following resolutions:

Resolved, That the Convention elect one Sergeant-atArms and Doorkeeper, one Official Reporter, one Page, one Porter, one Assistant Secretary, and that the three resident clergymen of Carson be requested to alternate in opening the sessions of the Convention with prayer. Resolved, That the following compensation be allowed

the officers of the Convention:

To the Secretary, $10 per diem.
Assistant Secretary, $5 per diem.
Sergeant-at-Arms and Doorkeeper, $6 per diem.
Page, $4 per diem.

Porter. $4 per diem.
Chaplain, $2 50 per diem.

Official Reporter, $15 per diem, and thirty cents per folio for writing up his notes; Provided such notes shall only be written up if the Constitution framed be adopted by the people.

Resolved, That the President and Secretary are hereby instructed to certify the accounts of the officers of

this Convention in duplicate-one to the first State Legislature convened, provided the Constitution framed be adopted; and in the event of its rejection by the people, one to the Territorial Legislative Assembly, asking an appropriation for their payment on behalf of this Convention.

Mr. CROSMAN moved that the report be

received and the committee discharged, which was agreed to.

The question was on the adoption of the report.

Mr. FITCH. From the reading of the report

[July 5th.

it appears that we are to have three clergymen every day.

Mr. BALL. Oh, no! they are to alternate, at $2 50 each. The word "chaplain " is in the singular; not in the plural.

Mr. STURTEVANT. It strikes me quite forcibly still that each one of them will get his $250 per day. There might be a row among the clergymen, and that would be a thing rather discreditable to the town. [Laughter.]

The PRESIDENT. I apprehend that there is no difficulty. It is understood, of course, that the per diem is allowed to those who officiate, each in his regular course.

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

ELECTION OF SERGEANT-AT-ARMS. Mr. HAWLEY moved that the Convention proceed to the election of subordinate officers, viva voce; which motion was agreed to.

The PRESIDENT announced that nominations were in order for a Sergeant-at-Arms and Doorkeeper.

Mr. MURDOCK. I put in nomination Thomas Carson, of Carson.

Mr. HAWLEY. Is it one officer, or two? Mr. CHAPIN. It is one; but he can discharge all the duties of two.

Mr. HAWLEY. I move that we dispense with calling the roll, and elect him by acclamation.

SON was unanimously elected as Sergeant-atThe question was taken, and THOMAS CARArms and Doorkeeper.

ELECTION OF OFFICIAL REPORTER. The PRESIDENT announced that nominations were in order for Official Reporter.

Mr. CHAPIN. I put in nomination, Mr. President, Mr. Andrew Jackson Marsh; and as there are no other nominations, I move that the rules be suspended and he be elected by acclamation.

The question was taken, and ANDREW J. MARSH was unanimously elected Official Reporter.

ELECTION OF PAGE.

The PRESIDENT said nominations were in order for a Page.

Mr. GIBSON. I put in nomination George Richards.

Mr. BROSNAN. I would like to have the young gentleman define his position on the Union.

Oh, it is sound! [Laughter and applause.] Master RICHARDS (the candidate for Page). Mr. BROSNAN. I move that he be elected by acclamation.

The question was taken and the motion was agreed to; and Master GEORGE RICHARDS was unanimously elected as Page of the Convention.

ELECTION OF ASSISTANT SECRETARY. The PRESIDENT called for nominations for Assistant Secretary.

Tuesday,]

HOVEY KINKEAD CHAPIN-PRESIDENT-DUNNE-BANKS,

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BASIS OF THE CONSTITUTION.

Mr. CHAPIN. I suppose we are now ready to go to work, as the machinery of the Convention is all in regular order. I therefore offer this resolution :

Resolved, That the Constitution adopted by the late Convention be taken as a basis by this Convention, and that the same be taken up in Committee of the Whole and acted upon section by section.

ADJOURNMENT WITHOUT DAY.

Mr. DUNNE. If the gentleman will permit me. I have a resolution which I wish to offer, and which I think comes more properly before the one he has presented. It will take but a moment to act upon it, and I will ask as a favor that he withdraw his resolution for the present and allow me to present mine.

Mr. CHAPIN. Certainly; I withdraw it. Mr. DUNNE. Before the resolution which I offer is read, as it is the first time I have had the floor since the marked courtesy extended by the Convention to those who came late, by waiting for them before proceeding to business. I desire to express my appreciation of that courtesy, and the more so because, perhaps, something in these resolutions might be construed as not evincing that appreciation on my part. The sentiments of these resolutions are such that I am satisfied

The PRESIDENT, (interrupting.) Will the gentleman suspend a moment; I think the resolutions are not seconded.

1

[July 5.

I get them before the house, though I do not know what they are.

The PRESIDENT. Perhaps they had better be read before the gentleman proceeds.

Mr. DUNNE. Only one word. I present these resolutions as the sentiments of a large body of my constituents, and as the sentiments of those people, I ask to have them receive the With this exattention of the Convention. planation, I will ask the Secretary to read them.

The Secretary read as follows:

WHEREAS, This Convention has assembled, not from any call of the people of this Territory, but in pursuance of an Act of Congress which virtually compels us to take action again upon a question which we believe should be left entirely to the unbiassed judgment of the people, uninfluenced by the interested appeals of aspirants for office, or by the surging passions of partisan strife; and

WHEREAS, The overwhelming defeat sustained by the late Constitution from the people themselves but a

few months ago, and later still from their Representatives in Legislature assembled, is a convincing proof of the sentiments of this Territory as to the propriety of at present assuming the responsibilities of a State favor of such action was no test, inasmuch as no canvass on the subject was had, and the question constituted no part of the real issue in the contest; and upon even the most economical basis is necessarily attended with a burden of expense, greater than the people at present can bear, and which would necessitate a ruinous system of credit and depreciation of the paper of the State, because of the absence of the necessary basis of revenue upon which the people will willingly consent to be taxed; and

Government; and that the vote some time before in

WHEREAS, The conducting of a State Government

WHEREAS, The reasoning of the supporters of the late Constitution, that twelve months' time would show the taxable property of the Territory doubled in amount and trebled in value, has failed to be sustained by the facts in the case; but that, on the contrary, a depreciation instead of an increase has ensued; and

WHEREAS, The submission of another Constitution to the people, at present, would be to force upon them again an election at a great expense for the settlement decision-so recently, in fact, that the echo of their reof a question upon which they have just given their monstrance has scarcely yet died in our cars; and

WHEREAS, Of all possible times for the submission of such a question, the present is the least appropriate, the question being one which should be determined upon from its intrinsic merits alone; one which calls for the exercise of the calmest judgment, and for a consideration of its effects upon the whole people, and time proposed for action upon it being not only at the not as to how it may benefit the interested few; and the red-hot heat of a Presidential campaign, but of a contest the like of which, for partisan enthusiasm and party bitterness, the world has not yet witnessed; when the mingled indignation and loathing, and fierce, vindictive hate of patriotic men against the infamy of treason may easily be stirred by designing politicians to carry this Constitution through, if for no other reason than because it would inflict an additional pang upon the rebellion to see another star rise grandly to its place in the constellation sought to be shrouded in the pall of death; and

WHEREAS, Though we yield to no portion of this nation in our love or devotion to our country, or in wil

linguess to sacrifice our interests for the public good,

we do not believe the Government is menanced by any danger which requires of us the assumption of the attitude of a State to prevent: and

WHEREAS, We have assembled here as the representatives of the real interests of this Territory, in order

that no action prejudicial to those interests should be had in this body; and

WHEREAS. There is nothing in the act calling us together 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 citizen of the United States is due to the Federal Government; that we heartily endorse the general policy of the present Administration in its efforts to maintain the national authority over the rebellious Territory of the United States; that we are in favor of the most thorough and vigorous prosecution of the war, without delay or compromise, until the heresy of rebellion be forever eradicated from the land; that we are for the employment of all means of civilized warfare for the accomplishment of that end; but that when rebels resort to the atrocities of savage cruelty, we believe retaliation justifiable. Resolved, That we believe the initiative steps towards the forming of a State Government should only be taken under the direction of the people themselves by direct expression of their will, and particularly so when it is required to be done at their expense.

any property to speak of in this Territory, outside of mining property, and the people will not willingly consent to see that species of property taxed. In my own county, to my knowledge, since the assessor, under the revenue act of last winter, began his operations, the people have expressed the most unlimited abhorrence of that mining law-the law taxing mining property— and they have expressed their determination that that law shall be repealed at the next session of the Legislature. They expressed, farther than that, their determination never to consent to have such a law remain on the statute books. Those who believe that a Constitution can 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 revthe right to call a Convention for the formation of their State Constitution, whenever they shall deem it advis-enue, because they have succeeded in having a law passed by the Legislature taxing this species of property; and so long as that law remains, they say, then everything is sure and as they want it. Because the Legislature adopted that measure once, they contend that we can adopt it again, and safely allow it to go before the people without any clause exempting the mines from taxation. I hope, however, that their expectations will be disappointed in that respect.

able for their own interests to do so.

Resolved, That when this Convention adjourn it adjourn sine die.

Mr. DUNNE. I have only a few words to say, Mr. President, in regard to these resolutions, I hope that each member of the Convention will endeavor to vote upon them exactly as he believes the sentiments of a majority of his constituents demands. I do think, however, so far as I myself am concerned, that, when we consider the action of the people of this Territory, taken in conjunction with the consideration of our circumstances-a careful comparison of our present state with what it was twelve months ago, financially speaking, or what it was at the time when the previous Constitution was proposed and rejected-we should be induced to refrain from presenting another Constitution to the people at the present time. I think that the depreciation of property, the depreciation of the value of mining stocks, and the cessation of investments necessarily consequent upon the downfall of all mining stocks, have rendered such a measure impolitic. I say that all these things taken together, tend to show that if the people did not wish to adopt a Constitution and State Government, some months ago, when everything looked more prosperous and promising than now, they certainly do not wish to do so at this time.

But I know that the minds of most of the members have been specially exercised on this subject, as it has been before the people in many ways since the late Constitution was rejected, and I am satisfied, therefore, that the Convention will be willing to determine this matter without further debate. Hence, as I do not wish, above all things, to set the example of making long speeches, I will submit my resolution to the action of the Convention, without any further remarks, unless they shall meet with some opposition which may call for reply. Mr. BROSNAN. I move that the preamble and resolutions be indefinitely postponed.

Mr. DELONG. I have asked that the resolutions be read. I am informed, however, that they are very long, and I will withdraw that request if some gentleman will state the purport of them.

The PRESIDENT. The purport, so far as the Chair understands it, is a proposition that we dissolve this Convention and go home to our constituencies without doing anything further.

Then, in regard to the basis of revenue, I think it is unmistakably apparent to all that the last Constitution was rejected because the 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 have 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

Tuesday,] DUNNE-FITCH-DELONG-HAWLEY-NOURSE-PARKER-TOZER-BANKS. [July 5.

summary manner and proceed with our business. I object to its withdrawal.

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 what we came here to perform. So far as the loyalty of the sentiments expressed in the resolutions is concerned, I most heartily accord with them each and every one, and lest it might be deemed by my friend from Humboldt that I intended any disrespect either to him or to the loyal sentiments which he has embodied in his resolutions in moving their indefinite postponement, I will ask permission to change my motion, and move instead that they be laid upon the table.

Mr. DUNNE. I said that I would make no further remarks unless some point should be made against the resolutions, and I notice now that there is a point made, namely, that it is our duty here to form a Constitution; that that path of duty has been marked out for us by the supreme authority of the nation; that we have come here in obedience to that call, and would be recreant to our duty if we adjourned our Convention without performing that work which we came here to do.

Mr. FITCH, (interrupting.) I rise to a question of order. I dislike to interrupt the gentleman from Humboldt; but certainly, upon a motion to lay upon the table, debate is not in order.

Mr. DELONG. I do not think my colleague from Storey (Mr. Brosnan) intended by his motion to cut off debate, and I would request him to withdraw the motion. It is rather a harsh way for a gentleman to make a speech and wind up with a motion to lay upon the table, which necessarily prevents any one from replying.

The PRESIDENT. The motion is not debatable, and unless it is withdrawn the Chair will rule debate out of order.

Mr. DUNNE. I should think that, having made a portion of an argument against the resolutions, the gentleman from Storey would be willing to have them further discussed.

Mr. PARKER. I ask for information in regard to the rules. If this matter be laid on the table I want to know whether, under the rules, either a majority or two-thirds can take it up again. That may make a vast difference, because if it is liable to be taken up again, we may be annoyed with this question for weeks here.

The PRESIDENT. The Chair has no more opportunity of ascertaining what the rules are than the rest of the Convention, as they are not accessible in print, and there is only a single copy on the table; but the impression of the Chair, from his past experience, is, that laying a subject upon the table is about the last of it.

Mr. COLLINS. I think there is another rule equally applicable, which is, that a majority can take it up again at any time.

Mr. DELONG. Certainly, the best way is to withdraw the motion, and move an indefinite postponement. Then if the gentlemen do not want debate, they can move the previous question, and have a vote on that. If the previous question be sustained, and the motion to indefinitely postpone carried, we get rid of the question forever. For one, I would like to have it discussed as long as the gentleman wants it discussed. I do not understand that it makes any difference whether it requires a majority or a two-thirds vote to take it up again, because in either case it may be taken up at any time.

Mr. FITCH. I understand the rule to be in California, that a majority vote may take any subject from the table.

Mr. BANKS. The practice in California has been to require a two-thirds vote when the motion to take up was not made in the regular order of business, but under the head of "motions and resolutions," or under the head of Mr. HAWLEY. 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 he has been allowed to proceed-I am inclined to think at least that a point was about to be raised which it would probably be well enough for the Convention to take into consideration. If it is in order, I will ask that the rules be suspended to allow the gentleman to make his ex-I dislike very much to dispose of it without a planation.

Mr. FITCH. The only way to settle it, I take it, is to vote down the motion to lay on the table, or for the mover of that motion to withdraw it; there is nothing else in order while that motion is pending.

Several gentlemen objected to the withdrawal of the motion to lay on the table.

Mr. CROSMAN. I hope the Convention will consent to its withdrawal temporarily.

Mr. NOURSE. I hope it will not be withdrawn; these resolutions have been thrown in here as a sort of firebrand, and I hope the mo

The PRESIDENT. This discussion is somewhat out of crder, but it has been tolerated by the Chair in order that the Convention may understand the effect of the vote to be taken.

Mr. TOZER. It seems to me desirable to dispose of this resolution finally at this time; but

full, fair, and free discussion upon it. It is a matter, certainly, of considerable importance, as the gentleman from Humboldt says it embodies the views and wishes of a large portion of his constituency; and I really hope that nothing will be done in the Convention which will cut off the discussion of the matter. Let it be amply discussed, and then finally disposed of.

The PRESIDENT. This discussion is all out of order. An inquiry was made in reference to the effect of the vote about to be taken, and the Chair is now prepared to state, from the

Tuesday,]

DELONG-GIBSON-HAWLEY-TOZER-CROSMAN-PRESIDENT-BANKS.

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The question was stated on the motion to lay the preamble and resolutions on the table. Several gentlemen demanded the yeas and nays, and a vote was taken by yeas and nays. During the voting

Mr. DELONG. I ask leave to explain my vote, and merely wish to say a word. I intend to vote in the negative on this question, simply out of courtesy to the gentlemen who offered

the resolutions, and not because I think there

[July 5.

Nays-Messrs. Crosman, DeLong, Dunne, Gibson, President-10.

Hawley, Kinkead, Lockwood, Parker, Tozer, and the

Mr. CROSMAN. I voted "no," for the rea

sons which have already been assigned by gentlemen. It was my expectation, or at least my hope, that this motion to lay upon the table

would have been voted down, in order that I

might make a motion to indefinitely postpone the resolutions. Upon that motion, my friend from Humboldt could have explained his position.

The PRESIDENT. The gentleman is not in order, except by consent of the Convention. ["Leave. Leave."]

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 then be For my motion was made, because I would like to give taken on indefinite postponement. 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 known that eral Government asks at our hands, to sustain it in this conflict. one year ago I opposed it with all my might. I vote "no."

Mr. GIBSON.

I shall vote "no," for the simple reason that I wish to have the subject

ventilated.

against laying the resolutions on the table.

The PRESIDENT. In this same connection, with the permission of the Convention, while explanations are the order, I desire to say that I 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 "no," 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 his peculiar views on the question which he introduced, or intimated in his remarks, as far as he went. If "coming events cast their shadows before," I am inclined to think that the gentleman from Humboldt was about to raise certain propositions based upon the remarks of the gentleman from Storey, (Mr. Brosnan,) to the effect that he did not consider this Convention in duty bound to take into consideration, or to take any notice whatever, of the call of the national government convening us here for a specific purpose. How much further he might have gone if he had not been interrupted, we have no means of knowing; and for my part, as a member of the Convention, and a delegate representing a loyal community, I feel somewhat anxious to understand the gentleman's entire proposition.

Mr. TOZER. I ask leave to explain my vote briefly. I vote "no," on the motion to lay the resolutions on the table, and I do so for the

same reasons which have been given by other gentlemen of the Convention,-not because I do not at this time favor the organization of a State government, but simply because I am opposed to this manner of disposing of the ques

tion.

The result of the vote was announced as fol

lows:

Yeas-Messrs. Ball, Banks, Belden, Brosnan, Brady, Chapin, Collins, Crawford, Earl, Fitch, Frizell, Fol

som, Hudson, Hovey, Kennedy, Murdock, Nourse, Proctor, Sturtevant, Tagliabue, and Wetherill-21.

Mr. BANKS. I ask leave to say a few words in explanation of my vote. I will only say, that with all my desire to extend courtesy to my colleague, for whom I entertain the most profound respect, I so thoroughly disagree with the sentiments advanced in these resolutions, so far as they pertain to the people whom I represent, and so far as they pertain to the propriety of adopting a State government, that I felt compelled to vote in favor of laying them on the table, because I regarded that vote as a test vote, and I wished to place myself right on the record against those resolutions.

Mr. HAWLEY. Will the Convention allow me a moment to explain my vote? I merely wish to say that I am decidedly in favor of a State organization, and opposed to everything in the resolutions except their patriotic sentiments. I wanted to say this now, because I neglected to do so when I had the floor before.

Mr. DUNNE Some gentlemen, in explaining their votes, have expressed a desire to extend courtesy to the gentleman from Humboldt. Now, I would say that with me there is not a particle of personal consideration in this matslightest feeling about it. He understood that the vote was simply on the principle involved in the resolutions which he had felt it his duty to offer, conceiving it to be the wish of his constituents that resolutions of this nature should be presented for the consideration and action of the Convention. So far as the gentleman

ter-the gentleman from Humboldt has not the

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