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reaved; bind up every broken heart, and supply the wants of all the needy. We pray for our enemies; show them, oh Lord, the wickedness of their rebellion; lead them to repentence, and pardon their great sin; overcome evil with good Cause the wrath of man to praise Thee, and the remainder of wrath restrain." Grant that the hour may hasten on when righteousness and peace shall prevail in all our borders. Bless the nations of the earth; send abroad the light of Thy word; regenerate, purify, and ennoble all the masses of our race, and fill the world with a knowledge of Thy name. Hear our prayer; mould our characters, and ever let the light of Thy love abide upon us in all its fulness and richness; and to Thy name, Father, Son, and Holy Spirit, be all the praise, world without end. Amen.



Mr. COLLINS. I move that the Chair appoint a committee of three, on Credentials, to report at the next meeting.

The question was taken, and the motion was agreed to.

The PRESIDENT pro tem. appointed as such committee, Messrs. Collins, Johnson, and nedy.


Mr. BALL. I move that the Convention now

adjourn till to-morrow at ten o'clock, A. M., in order that we may participate in the celebration of Independence Day.

Mr. STURTEVANT. I move to amend that motion so as to adjourn to meet to-morrow, at twelve o'clock. I think most of the members will agree with me that we are likely to be somewhat sleepy to-morrow morning, after the festivities and fantastics of the day.

Mr. GIBSON. I am in favor of that amend ment. It will give time for members to get here who are now absent. The Esmeralda members probably will not arrive before twelve o'clock. The stage does not get in before that


Mr. BALL. I insist on my motion. I did not come down here to attend balls, and parties, and get sleepy, but to work. I came here for business.

CARSON, July 5, 1864.

The Convention met pursuant to adjournment, and was called to order at twenty-five minutes before eleven o'clock, by the President pro tem.

Prayer was offered by the Rev. E. F. White. The roll was called, and twenty-eight memKen-bers were present, viz :

Mr. TOZER. I hope the motion will prevail. Mr. NOURSE. I move to amend the amendment so as to meet at one o'clock. It seems to me that the hour should be either ten or one, because twelve o'clock is the usual hour for lunch.

Mr. CHAPIN. I think the gentleman from Washoe, (Mr. Nourse,) is correct. If we do not meet at ten o'clock, we should defer it till


Mr. STURTEVANT accepted Mr. Nourse's amendment.

[July 5th.

Mr. CHAPIN. Oh, I think not. I would not do that when there is so small a number of members present. The question is

The PRESIDENT pro tem. on the motion to adjourn. Messrs. DELONG and FITCH suggested that the question should be taken on the shortest time first; which was agreed to.

The question was taken on Mr. Ball's motion, that the Convention adjourn until ten o'clock, A. M., to-morrow; and it was agreed to, upon a division-ayes, 12; noes, 6. Accordingly, at thirty minutes after ten o'clock, A. M., the Convention adjourned.

Mr. FRIZELL. I suggest, before this motion to adjourn is put, that we shall be adjourning without finishing our business properly. It seems to me that we ought to appoint a committee on permanent organization.


Messrs. Ball, Banks, Belden, Brady, Brosnan, Chapin, Collins, Crawford, Crosman, DeLong, Earl, Fitch, Frizell, Folsom, Gibson, Hawley, Hovey, Hudson, Johnson, Kennedy, Kinkead, Lockwood, Murdock, Nourse, Proctor, Sturtevant, Tagliabue, and Tozer.

The journal of yesterday was read and approved.


Mr. COLLINS submitted the following report:

the following list of delegates, as returned by the sevYour Committee on Credentials beg leave to report eral County Clerks to the Secretary of the Territory. There are several counties that have made no returns, or at least, none have been handed to the committee. The following is the list of delegates returned:—

Lander County,....

Humboldt County,.....

Ormsby County,.......

Storey County,..

Nye County,.. Douglas County,...... Churchill County,

J. H. Warwick, R. H. Williams, E. A. Morse. (James A. Banks, E. F. Dunn, William Henry Jones. J. Neely Johnson, A. J. Lockwood, J. H. Kinkead, Israel Crawford, George L. Gibson. John A. Collins, Charles E. DeLong, Lloyd Frizell, Samuel A. Chapin, Thomas Fitch, Josiah Earl, Nath'l A. H. Ball, Charles W. Tozer, Almon Hovey,

Cornelius M. Brosnan, Frank. Tagliabue, F. M. Proctor. (Albert T. Hawley, J. W. Haines. .Nelson E. Murdock,

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James H. Sturtevant,
G. N. Folsom.
William Wetherill,
B. S. Mason,

J. G. McClinton,
D. Wellington.

You and each of you do solemnly swear, that you have never voluntarily borne arms against the United States since you have been citzens thereof; that you have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that you have neither sought nor accepted, nor attempted to exercise the functions of any office whatever, under any authority, or pretended authority in

On motion of Mr. CHAPIN, the report was hostility to the United States; that you have not yielded received and the committee discharged.

On motion of Mr. CRAWFORD, the report was adopted.

a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto. And you do further swear, that to the best of your knowledge and ability you will support and defend the Constitution of the United States against all enemies, foreign and domestic; that you will bear true faith and allegiance to the same; that you take this obligation freely, without any mental reservation or purpose of evasion; and that you will well and faithfully discharge the duties of the office on which you are about to enter-SO HELP YOU GOD.

Esmeralda County,...

All of which is respectfully submitted.
J. A. COLLINS, Chairman.


Mr. STURTEVANT. I move now, Mr. President, that we proceed to a permanent organization of the Convention, by the election of a President, and other officers.

Mr. CHAPIN. Before that motion is put, I suggest that the oath be administered to the


[July 5.

After a few moments' delay, Mr. Johnson returned with a copy of the oath prescribed by Congress, in 1862.

The members of the Convention rose, and Judge Wright administered the oath in the following words :-

Mr. JOHNSON. Judge Wright. Probate Judge of this County, is, I understand, in the adjoining room, and as he is, probably, the highest judicial authority now at the capital, it would be proper, I think, to invite him to administer the oath.

Mr. CHAPIN. Very well; I move that a committee of three be appointed to wait upon Judge Wright, and request him to attend and administer the oath of office to the members.


The committee retired, and immediately thereafter returned, accompanied by Judge Wright.

Mr. JOHNSON. I think we had better inform ourselves, if we are not already advised, as to what oath should be administered. My own memory is at fault at the present moment, in respect to the Enabling Act, but I suppose, if there is nothing in regard to the oath in that act, that we shall have to resort to that form of oath which was prescribed for all public officers by Act of Congress, passed some two years since, rather than to the one prescribed by the laws of the Territory.

The above oath having been transcribed by the Secretary, was subscribed by the members



Mr. CROSMAN. I now renew the motion to proceed to the election of permanent officers. Mr. JOHNSON. It has been suggested that another member has arrived since the oath was administered-Mr. H. G. Parker, of Lyon County-I propose that he be sworn in now.

Mr. PARKER come forward, was sworn, and took his seat as a member of the Convention.

Mr. STURTEVANT. I renew the motion to proceed to a permanent organization by the

The question was taken, and the motion was agreed to.

The PRESIDENT pro tem. appointed as such committee, Messrs. Chapin, Hudson, and Gib-election of permanent officers.

Mr. CHAPIN. I hope the gentleman will define the motion more clearly; if he will say for the election of President and Secretary, we shall then be in working condition, and can proceed to the election of subordinate officers afterwards.

Mr. STURTEVANT. I do not know what the objection is to going on now with the election of all the officers, from the commencement; I would like to finish it up.

Mr. TOZER. I hope the gentleman from Washoe, (Mr. Sturtevant), will accept the amendment suggested by my colleague. If we elect a President and Secretary, we can then proceed to determine what other officers we Mr. COLLINS. I think the Enabling Act is shall require, what their compensation shall be, silent upon the subject. I suggest that Gov- etc.; by proceeding to elect officers promiscuernor Johnson procure a copy of the oath pre-ously, we might get more officers than we want, scribed by Congress, if he has one. or not so many as we ought to have.

Mr. JOHNSON. I think I can procure it in a moment.

Mr. STURTEVANT. I do not know but it would expedite matters to administer the old oath and the new one too; the new one is very strong, and if the old one is stronger it will not hurt us any.

Mr. STURTEVANT. Then I will amend my motion so as to be, that we proceed to a permanent organization of the Convention, by the election of a President and Secretary. Mr. CROSMAN. cers?- Viva voce? Mr. HAWLEY. There is known to be more

How are we to elect offi


than one candidate for Secretary, and as the dividual member that our deliberations may be voting may be pretty even, I think it would be harmonious, and efficiency charactize the labors equally as expeditious to vote by ballot. of the Convention, and with confidence I shall rely upon your aid and assistance, so that our proceedings may be marked with all the dignity and decorum befitting an assemblage of men convened for such a noble purpose as the present.

Mr. CROSMAN. I suppose the first thing in order will be nominations for President, and I think there will be no objection to electing that officer by acclamation. I move that we proceed to the election of a President viva voce.

In conclusion, I may be permitted to add, that, in view of the provisions of the "Enabling Act," authorizing the meeting of this Convention, we have a great and important duty to perform, both to the nation and to the people we represent. The Congress of the United States has made most liberal and beneficial concessions to us in providing for the formation of our new State, and the circumstances which surround us augur most favorably for the speedy establishment here of a State government. You, as the representatives of the people, come directly from their midst, and know their essential wants and requirements in framing a Constitution and form of government for them; and when you have incorporated in that instrument those needs, no longer can a possible doubt arise but that the Constitution thus framed will. at the next September election, be endorsed and ratified by an overwhelming majority of the popular vote, and thenceforth Nevada will be numbered among the States of the Federal Union. That this may be the result of our labors is my most earnest wish and hope. [Applause.]


On motion of Mr. CHAPIN, the Convention proceeded to the election of a Secretary.

Mr. CROSMAN. I take pleasure in placing before the Convention, for the office of Secretary, the name of R. G. Clark.

Mr. FITCH. If there is only one candidate for President, I have no objection; but for the other officers. I should be opposed to it.

Mr. STURTEVANT accepted Mr. Crosman's amendment.

The question was taken on the motion as modified, and it was agreed to.


The PRESIDENT pro tem. Nominations are in order for President.

Mr. CHAPIN. I have the honor of submitting the name of the Hon. John A. Collins, of Storey County, as a candidate for President.

Mr. KENNEDY. I have the honor to place in nomination the Hon. J. Neely Johnson, of Ormsby County.

Mr. COLLINS. Mr. President, I would return my thanks to my friend and colleague, for presenting my name to this Convention for so honorable a position; but I beg leave to decline the nomination, and will with great pleasure second the nomination of my friend J. Neely Johnson, and I move that we elect him as President of this Convention by acclamation.

The question was taken, and the motion was agreed to unanimously.

J. NEELY JOHNSON was thereupon declared elected President of the Convention.

Mr. STURTEVANT moved the appointment of a committee of three to conduct the President elect to the chair.

The question was taken, and the motion was agreed to.

Messrs. Sturtevant, Frizell, and Kinkead having been appointed as such committee, conducted the President elect to the chair.


Mr. JOHNSON, on taking the chair as President, said :

GENTLEMEN OF THE CONVENTION: I do not propose to make this the occasion of any extended remarks, as I feel well assured that it is your desire to enter at once upon the more important duties which have called us together. For this evidence of your partiality and confidence in selecting me by the unanimous voice of the Convention to preside over its deliberations, you have my sincere thanks, and it shall be my constant endeavor to execute the duties of the position with strict impartiality, and with a just sense of their great responsibility and importance. But, gentlemen, whatever of rules you may adopt for our government, or however earnest and faithful may be your presiding officer in their enforcement, yet are we chiefly dependent upon the action of each in

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Mr. HAWLEY. I think the gentleman had shall, after organization, on behalf of the people of said better make it a little more definite-one Ser- Territory, adopt the Constitution of the United States; therefore, be it geant-at-Arms, and perhaps two pages, and a porter. I think that is all we shall require.

Mr. STURTEVANT. I will make the motion to elect a Sergeant-at-Arms and let it go at that; though I think it more than likely that we shall require some one to keep the room clean, etc.

Resolved, That the members of this Convention, elected by the authority of the aforesaid Enabling Act of Congress, assembled in Carson, the capital of said its organization, do adopt, on behalf of the people of Territory of Nevada, and immediately subsequent to said Territory, the Constitution of the United States.

Mr. BALL. I suppose we shall take a recess very soon, for an hour; if the gentleman will allow me, I will make this motion-That a committee of three be appointed, to report one hour hence, what additional officers of the Convention are needed, and what their compensation shall be.

Mr. DELONG. And who will pay it? [Laughter.]

Mr. BALL. We shall then elect persons who will fully understand what compensation they are to receive, and what duties they are to perform. In the last Convention there was no compensation fixed until near the close, and I think we spent nearly the whole of one day in arranging the matter of compensation.

Mr. STURTEVANT. I will withdraw my motion.

Mr. BALL. Then I make the motion I have suggested for the appointment of a committee of three. to report what officers are necessary, and to fix the compensation of all the officers, as well those already elected as those to be elected.



Mr. COLLINS. I think, by referring to the Enabling Act, we shall find that we have something to do previous to acting upon the motion that is now before the house. By Section 4 of the Enabling Act, Congress imposes a certain duty upon the members of the Convention immediately after its organization. By the election of a President and a Secretary, I believe the body is now permanently organized, and therefore, with the permission of the chair, I will read that portion of the Section to which I refer :

Section 4. And be it further enacted: That the members of the Convention thus elected shall meet at the Capitol of said Territory on the first Monday in July next, and after organization, shall declare on behalf of the people of said Territory, that they adopt the Con

stitution of the United States.

It occurs to me now, that before we proceed to any other business, we ought to perform this duty.

Mr. BALL. I withdraw my motion temporarally.

Mr. COLLINS. As that motion has been withdrawn, I will read a preamble and resolution which I have drawn up with a view to meet the requirements of this occasion.

[July 5th.

WHEREAS, The act of Congress, approved March 12, 1864,"to enable the people of the Territory of Nevada to form a Constitution and State Government, and for the admission of such State into the Union on an equal footing with the original States," requires that the members of the Convention for forming said Constitution,

The question was taken on the adoption of the preamble and resolution as read, and they were unanimously adopted.


tion, which was read:-
Mr. COLLINS offered the following resolu-

Resolved, That a committee of three be appointed by the President, to report rules for the government of this Convention.

Mr. KINKEAD. Let me suggest that the gentleman include in the same resolution, the order of business.

Mr. COLLINS. I would prefer a separate resolution, and a separate committee. I think the question of rules will occupy all the time of one committee during the recess.

Mr. CHAPIN. I hope the resolution will be made to cover the whole subject, and I would suggest also, that there be a committee of five, as the business is of considerable importance.

Mr. COLLINS. Very well; I will accept the amendment, and make it a committee of five on rules and order of business.

The Secretary read the resolution as modified :

Resolved, That a committee of five be appointed by the President, to report standing rules, and order of business for the government of this Convention.

The question was taken, and the resolution was adopted.

The PRESIDENT appointed as the committee under the resolution, Messrs. Collins, Banks, Sturtevant, DeLong, and Kennedy.


Mr. BALL offered the following resolution :— Resolved, That a committee of three be appointed by the Chair, to report the various subordinate offices to be filled by this Convention, and to fix their compensation, as well as the compensation of the officers elected.

Mr. COLLINS. I would inquire whether that last sentence does not embrace our President. [Laughter.]



I hope the gentleman will let me out." [Laughter.] Mr. BALL. I think it will be very easy to fix that.

Mr. COLLINS. I move to amend the resolution by striking out the word " officers," and inserting the word "Secretary."

Mr. BALL. I will accept that amendment. Mr. KINKEAD. I suggest a further amendment; to strike out "three," and insert" five." Mr. BALL. I have no objection to making it five.

The resolution was read as modified :Resolved, That a committee of five be appointed by the Chair, to report the various subordinate offices to


be filled by this Convention, and to fix their compensa- them, from the supply he has on hand, with tion, as well as the compensation of the Secretary elect. such stationery as is necessary. It is an act The question was taken, and the resolution of liberality, to say the least, on his part, was adopted. I which I have no doubt the Convention will fully appreciate. He takes the responsibility of so doing without any authority of law, in order to aid us as far as possible in our labors; and I trust that members will see the importance of practicing all possible economy in the use of stationery, as the supply is very limited. As the Secretary of the Territory is present, he will state to the Convention what he can furnish, and his position in the matter.

Mr. ORION CLEMENS (the Territorial Sectary.) As the President has stated, there is no provision made by the Legislature or by the United States Government for stationery for the Convention, and the only fund under my control is the Legislative fund, which comes to me with specific instructions as to the items for which I am to use it, such as per diem and mileage of members and officers of the Legislative Assembly and other matters, which are mentioned in my instructions. I have thought, however, in view of the exigencies of the case, that I might furnish the members of the Convention with so much of the stationery which I have on hand, that they could get along without serious inconvenience. I will furnish them

with paper, pens, ink, and envelops so far as
they may be required. I would willingly do
circumstances, it is out of my power.
more, but gentlemen will see that, under the

Mr. STURTEVANT. I am not experienced
in these things called conventions, but I sup-
pose we will have a regular routine, and com-
mittees to take charge of all these matters, to
be appointed by the President. There will
necessarily be some expenses, and I suppose the
proper committee will make a recommenda-
priation for their payment.
tion to the next Legislature to make an appro-

The PRESIDENT appointed as the committee under the resolution, Messrs. Ball, Chapin, Tagliabue, Tozer, and Murdock.

Mr. BROSNAN. I move that the Committee on Rules and Order of Business be instructed to report this afternoon. I apprehend that they will have time to do that, and the sooner we get to work, the better. If it is necessary to have rules and order of business at all, they should be adopted at once.

Mr. CHAPIN. I hope that will be done, so that we may get to work, and that when we adjourn, it will be to meet at two o'clock, so as to give the committee time enough.

The question was taken on Mr. Brosnan's motion, and it was agreed to.

On motion of Mr. CHAPIN, the Convention took a recess until two o'clock, P. M.


The Convention reassembled at two o'clock, and was called to order by the President.




Mr. GIBSON called attention to the matter of the seats of members, and said, so far as the members of the Ormsby delegation were concerned, they were satisfied with the seats they then occupied, which were the same as they had in the Convention of last fall. other gentlemen, however, desired it, they would be willing to draw for seats, or to give up their seats to any gentlemen who preferred them. He thought there should be some arrangement, or understanding, and all he desired was to have the delegations from the respective counties sit together.

Mr. FITCH said the delegation from Storey was composed of very litigious materials, and he suggested they had better be scattered around among the others. [Laughter.]

Several members expressed themselves satisfied with their present seats, and no action was taken upon the subject.

Messrs. E. F. DUNNE of Humboldt, and WILLIAM WETHERILL of Esmeralda appeared, and presented their credentials; the official oath was administered to them by Judge Wright, and having subscribed the same, they took their seats as members of the Convention.

RULES AND ORDER OP BUSINESS. Mr. COLLINS, from the Committee on Rules and Order of Business, presented the following:

The Committee appointed to report the Order of Business and Rules for the government of this Convention, beg leave to submit the following report:—


1-Calling the Convention to order.
2-Calling the roll.


4-Reading the journal of the preceding day.
5-Reports of Standing Committees.
6-Reports of Special Committees.
7-Motions and resolutions.

8-Second reading and reference of resolutions. 9-General file.



Adopt as far as applicable for the government of this Convention the Rules of the House of Representatives of the third session of the Legislature of Nevada Ter

The PRESIDENT. It is well known to you all that no provision has been made, either by Congress or by the Legislature of this Territory, for the payment of the expenses of this Con-ritory, and Jefferson's Manual in matters to which the rules of said Legislature may not apply. vention; but there are some expenses which All of which is respectfully submitted. will necessarily have to be borne in some way, JOHN A. COLLINS, Chairman. such as stationery, &c. The Secretary of the Territory has been kind enough to suggest to members of the Convention that he will furnish

Accompanying the report was a copy of the rules of the House of Representatives of the third Legislature.

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