Tuesday,] CROSMAN-FITCH-STURTEVANT-CHAPIN-KENNEDY-COLLINS-JOHNSON. [July 5th. 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. 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. 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. ELECTION OF PRESIDENT. 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. REMARKS OF THE PRESIDENT. 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 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. 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.] ELECTION OF SECRETARY. 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. STURTEVANT. I place in nomination for Secretary of the Convention, the name of Hon. William Martin Gillespie. Gentlemen are aware that he has had some experience in that capacity. There being no further nominations the Convention proceeded to ballot for a Secretary, and with the following result: For Mr. Gillespie.-Messrs. Ball, Brosnan, Brady, Chapin, Collins, Folsom, Gibson, Hudson, Hawley, Hovey, Kennedy, Lockwood, Nourse, Parker, Sturtevant, Tozer, and Mr. President-17. For Mr. Clark.-Messrs. Banks, Belden, Crosman, Crawford, DeLong, Earl, Fitch, Frizell, Kinkead, Murdock, Proctor, and Tagliabue-12. WILLIAM MARTIN GILLESPIE having received a majority of votes, was declared elected Secretary of the Convention. OTHER OFFICERS. Mr. STURTEVANT. I now move that we proceed to elect a Sergeant-at-Arms in the same manner, and such other officers as the Convention shall see fit to elect; one at a time to be placed in nomination and voted for. Tuesday,] HAWLEY-STURTEVANT-BALL-COLLINS-KINKEAD-CHAPIN. therefore, be it [July 5th. 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; 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. 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. ADOPTION OF THE UNITED STATES CONSTITUTION. 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 Constitution 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. 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 Territory of Nevada, and immediately subsequent to its organization, do adopt, on behalf of the people of said Territory, the Constitution of the United States. The question was taken on the adoption of the preamble and resolution as read, and they were unanimously adopted. RULES AND ORDER OF BUSINESS. Mr. COLLINS offered the following resolution, which was read: 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. tee under the resolution, Messrs. Collins, Banks, The PRESIDENT appointed as the commitSturtevant, DeLong, and Kennedy. PERMANENT ORGANIZATION-AGAIN. 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.] The PRESIDENT. 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 Mr. COLLINS. As that motion has been with-inserting the word "Secretary." drawn, I will read a preamble and resolution which I have drawn up with a view to meet the requirements of this occasion. 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, 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 Tuesday,] BROSNAN-GIBSON-PRESIDENT-ORION CLEMENS-STURTEVANT-COLLINS. [July 5th. 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. The question was taken, and the resolution was adopted. 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. AFTERNOON SESSION. The Convention reassembled at two o'clock, and was called to order by the President. SEATS OF MEMBERS. If 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. such stationery as is necessary. It is an act of liberality, to say the least, on his part, 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 in these things called conventions, but I sup- necessarily be some expenses, and I suppose the RULES AND ORDER OF BUSINESS. Mr. COLLINS, from the Committee on Rules and Order of Business, presented the following: 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.] The Committee appointed to report the Order of Several members expressed themselves satis-Business and Rules for the government of this Confied with their present seats, and no action was vention, beg leave to submit the following report: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. STATIONERY. ORDER OF BUSINESS. 1-Calling the Convention to order. 3-Prayer. 4-Reading the journal of the preceding day. 8-Second reading and reference of resolutions. RULES. The PRESIDENT. It is well known to you Adopt as far as applicable for the government of this all that no provision has been made, either by Convention the Rules of the House of Representatives Congress or by the Legislature of this Territo- of the third session of the Legislature of Nevada Terry, 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, such as stationery, &c. The Secretary of the Territory has been kind enough to suggest to members of the Convention that he will furnish JOHN A. COLLINS, Chairman. Accompanying the report was a copy of the rules of the House of Representatives of the third Legislature. 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. Porter, $4 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 $2 50 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. Tuesday,] HOVEY-KINKEAD CHAPIN-PRESIDENT-DUNNE-BANKS. 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. [July 5. 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 tives 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 Government; and that the vote some time before in 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 few months ago, and later still from their Representa 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 ears; and WHEREAS, Of all possible times for the submission of such a question, the present is the least appropriate, upon from its intrinsic merits alone; one which calls the question being one which should be determined 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 willingness 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 |