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[July 26.

persons from eligibility to office, which was not Mr. KENNEDY. In order to test the sense the fact.

of the Convention, I will move that the ComENROLLMENT OF THE CONSTITUTION.

mittee on Enrollment be instructed to employ

such additional clerical force as may be necesMr. KENNEDY. I wish to inquire if the sary to finish the enrollment of the Constitution Enrolling Committee cannot employ additional by ten o'clock to-night. force, so as to complete the enrollment of the

Mr. CHAPIN. Some of the sheets which Constitution to-day? As I understand the mat- have been damaged by rain may still be saved, ter, we have appointed a committee to have perhaps. One object of the committee which the whole instrument re-enrolled after our ad- has been appointed, I suppose, is to guard journment.

against such accidents. If they are not damMr. GIBSON. That will not be necessary, aged so much that they cannot be read, the except in cases where amendments are made.

committee can report them, and then it will be Mr. KENNEDY. I understood that the whole the duty of the special committee to have them was to be re-enrolled, and that copy, I think,

re-enrolled. ought to be executed with great care, while the Mr. HAWLEY. I think it probable that appearance of the copy which is now being en- those sheets are all replaced by this time. rolled, is of comparatively little consequence. The PRESIDENT. I am very sure they are I thiok if the committee employ sufficient force not. we may get through to night.

Mr. KINKEAD. If gentlemen will suspend Mr. HÅWLEY. I have always been under the discussion a few minutes, I will report the impression that the original copy of an three articles from the Committee on Phraseenrolled bill, as it came from the hands of the ology, which will give the Enrolling Clerk Enrolliug Clerk, was the copy to which refer- something to do. ence would be made in the event of any litiga- The PRESIDENT. I had some experience tion growing up under the instrument, and I on this subject in the Convention of last year, suppose the rule would be the same in regard and I remember that when we had mainly comto our Constitution. But whether I am correct pleted our labors we were delayed two or three in that or not, 1 do not think any advantage is days on account of the enrollment. We can to be gained by the employment of additional employ several clerks, and let one enroll one clerks. One great object of the enrollment is article, another a different one, and so on. I to leave no room for interlineations, and if we think we can procure the services of two or divide the labor among several clerks, that ob- three competent gentlemen now engaged in ject is necessarily defeated. It is important, Secretary Clemens office, who will cheerfully too, that the whole iostrument shall present a assist in the enrollment. neat and uniform appearance. If it is the The question was taken on the motion of Mr. sense of the Convention, however, that we Kennedy, and it was agreed to. should employ another clerk, we can do so. The PRESIDENT. I do not think it will be

PHRASEOLOGY. possible to finish the work before the day after

[Mr. Collins in the chair.] to-morrow, unless additional clerical force is

Mr. KINKEAD, from the Committee on employed. Mr. CHAPIN. Is proper attention now being following report:

Phraseology and Arrangement, submitted the given to the work of enrolling?

Mr. HAWLEY. I went to the Enrolling MR. PRESIDENT :-Your Committee on Phraseology Clerk's office early this morning. I did not have had, under consideration Articles VII, XI, and

XVI, of the Constitution, and beg leave to report the find him in, but I saw a portion of his work following corrections and alterations : which had been done in a workmanlike man- In Section 1 of Article VII, after the word “Goyner, and I found another portion which had ernor." in the fourth line from the bottom, insert " or

Lieutenant Governor." evidleatly been rained on. I saw Mr. Van Win

Section 2 of same article, strike out the words “un. kle subsequently, at about half-past seven der this State Government,” in third line. o'clock, and he then assured me that he would Section 3, same article, strike out the words "and immediately go to work and replace the dam- county” in seventh line.

In Section 5, Article XI, strike out the words " see aged sheets. He said he was only waiting for fit," and insert the words " deem necessary,” in sixth the engrossed copy of article on Judicial line.

Same section, strike out the word “common" before D-partment, and that, together with the Sched

“schools." in the eighth line. ule, and the Ordinance providing for elections,

In Section 7, same article, substitute the word "con. comprises all remaining to be enrolled. If the stitute" for be,” in sixth line. Committee on Engrossment can report the judi- In Section 8, strike, out “the," where it occurs in cial article now, I think it can be enrolled by the sixth line.

Insert in same section, after the word “lost," in two o'clock.

"or misappropri. The PRESIDENT. I do not believe it can be ated." done before seven o'clock. The clerk writes a In same section, third line from bottom, insert the beautiful hand, but very slowly, and I am con- word“ principal" in lieu of " capital.”

fourth line from bottom, the words "

They also recommend the insertion of the words fident that it will take him till six or seven

"(if an oath)"-in parentheses-- after the word o'clock.

"enter," in last line of Section 2 of Article XVI ; and the Capital. “ The Governor, Secretary of State, and the Super



[July 26.

add to the section the words, “(if an affirmation,); The next amendinents are in Section 8, of the under the pains and penalties of perjury."

Also, strike out the word "and" where it occurs be- same article-to strike out “the” where it ocfore " 1867," and "1875," in Section 13, Article XVI.

curs in the sixth line, so as to read—“make it All of which if respectfully submitted.

most effective and useful," instead of " make J. H. KINKEAD, Chairman.

it the most effective and useful." Also, in the The PRESIDENT pro tem. If there is no ob- same section, to insert after the word " list," jection, these amendments will be considered in in the fourth line from the bottom, the words their order, and each section read with its pro- " or misappropriated ;” and in the third line posed amendments, so as to be understood by from the bottom, the word "principal,” in lieu every member. The Secretary will read the of capital.” The concluding portion of the amendments, and the sections or clauses, as section will then read : amended.

And the Legislature shall provide that if through The SECRETARY. The first amendment is— neglect, or any other contingency, any portion of the In Section 1 of Article VII, after the word “Gov. State of Nevada shall replace said aniount so lost or

fund so set apart shall be lost or misappropriated, the ernor," in fourth line from the bottom, insert “or misappropriated in said fund, so that the principal of Lieutenant Governor."

said fund shall remain forever undiminished." The clause will then read :

THE ENROLLMENT-AGAIN. "The Chief Justice of the Supreme Court shall preside over the Senate while sitting to try the Gay.

[The President in the chair.] ernor or Lieutenant Governor upon impeachment.

The PRESIDENT. I will state, for the inThe next amendment is

formation of members of the Convention, that “Section 2. of same article, strike out the words the gentleman from Douglas, (Mr. Hawley,) *under this State Government,' in third line."

and I went into the office of the Secretary of It will then read :

the Territory, and although we found bis clerks “The Governor, and other State and judicial officers, very busy with some pressing work, yet two or except Justices of the Peace, shall be liable to impeach- three of them expressed a willingness to assist ment for misdemeanor, or malfeasauce in office. Mr. KINKEAD. Those words made rather a with the work as soon

in the enrollment, and will be ready to proced

as we are ready for bad sentence, and the committee did not see them. that they meant anything.

Mr. TAGLIABUE. Do they think they can Mr. DELONG. I cannot see how the section complete the enrollment this evening? could have reference to any other officers than

The PRESIDENT. They will work at it as those " under this State Government." Mr. BROSNAN. The words are clearly su- is absent, and one of the clerks does not feel

diligently as they can. The Secretary himself perfluous. The SECRETARY. The next amendment is duties and assist in the enrollment, but th:

authorized, in his absence, to leave his other “Section 3, same article, strike out the words and other two will do so. county,' in seventh line." The sentence will then read :

PHRASEOLOGY-AGAIN. “For any reasonable cause, to be entered on the The Convention resumed the reading and journals of each House, which may or may not be suf: consideration of the ameudments reported by ficient grounds for impeachment, the Chief Justice the Committee on Phraseology. and Associate Justices of the Supreme Court, and Judges of the District Courts, shall be removed from

The SECRETARY. Tbe next amendment is office on the vote of two-thirds of the members elected in the oath, in Section 2 of Article XVI. The to each branch," etc.

committee propose to insert after “enter," in The next are as follows:

the last line, the words “(if an oath);” and to " In Section 5, Article XI, strike out the words ' see add to the section the following: "(if an affirmfit,' and insert the words deem necessary,' in sixth ation), under the pains and penalties of perline.'

Same section, strike out the word "common," before jury.” The concluding sentence will then read: "schools," in eighth line.

“And further, that I will well and faithfully perform

all the duties of the office of -- on which I am The first part of the section will then read as about to enter ; (if an oath) so help me God : (if an follows:

affirmation) under the pains and penalties of perjury." * The Legislature shall have power to establish Nor- The next and last amendment ismal Schools, and such ditferent grades of schools, from

Also strike out the the word “and," where it occurs the primary department to the University, as in their discretion they may deem necessary; and all profes- before “1867” and “ 1875," in Section 13, Article XVI. sors in said University, or teachers in said schools, of Mr. CHAPIN. Let us hear how that will whatever grade, shall be required to take and subscribe read, as amended. Sometimes these little words to the oath, as prescribed in Article XVI of this Con. make a wonderful sight of difference. For institution.” The next amendment is in Section 7, of the stance, in one place I should like to strike out

Virginia," and same article, to substitute the word 'consti- the word “Carson” and insert tute” for “ be,” in the sixth line, so as to read: the change of that one word 'vould remove

Mr. DELONG. A capital idea. intendent of Public Instruction, shall, for the first four years, and until their successors are elected and Mr. KINKEAD. It should be a capital ofqualified, constitute a Board of Regents," etc. fense. [Merriment.]



[July 26.

SEC. 13.

mous consent.

The SECRETARY read Section 13, as pro-| est, and it requires the State to be responsible posed to be amended, as follows:

for it. I remember that the section was origiThe enumeration of the inhabitants of this pally reported with the words “principal and State shall be taken, under the direction of the Legis. interest,” but after a discussion of considerable lature, if deemed necessary, in the years 1865, 1867, length, the word " capital” was substituted by 1875, and every ten years thereafter, and those enu- the Convention as being preferable. It occurs under the direction of the Congress of the United to me, however, that this word “principal” is States in the year 1870, and every subsequent ten certainly to be preferred. years, shall serve as the basis of representation in both Mr. DUNNE. May I ask the gentleman from houses of the Legislature.

Storey (Mr. Collins) a question? Was it the EDUCATION-SCHOOL FUND.

intention that the interest should be allowed

to accumulate and go in with the principal ? Mr. McCLINTON. In Section 7, of the arti- I understood it was the design of the Comcle on Education, the language is, that the mittee on Education that the principal and Board of Regents shall manage the affairs of interest should remain undiminished, in order the University, etc., “under such regulations as to allow a certain amount of the interest that may be provided by law.” It occurs to me would accrue to accumulate for a given time, that it would read better to say, “ as may be before the expenditure of the money should prescribed by law.”

commence. If that was not the desire or intenThe PRESIDENT. The question now pre- tion of the committee, then I can see no force sented is simply on the amendments reported in the use of the word capital” instead of by the Committee on Phraseology. It is in principal.” Believing that to be the intenorder, of course, to amend the committee's tion of the committee, understanding that there amendments, but separate and independent was a certain principal fund to be obtained, amendments cannot be made at this time. I and the interest on that to accumulate for a will suggest, however, that at a subsequent certain length of time, and wishing to preserve stage, amendments may be adopted by unani- that fund, and the interest upon it up to that

time, undiminished, I moved to make the amendMr. DUNNE. I call attention to the amendment which was

opted, inserting the word ment in the article on Education, to insert - capital” instead of " principal.” Now if the

principal " in lieu of " capital,” in Section interest is not to go into and become a part of 8. It did read in the engrossed copy,“ prin- the capital fund, then that amendment was cipal and interest," and the point was made incorrect, and should not have been made in whether, if we were to preserve the interest of

the first place. the school fund undiminished, it could ever

Mr. COLLINS. The original intention of be taken or used, in any manner. There

the committee, as has often been stated, was fore, as the real object was to preserve undi- that the interest should accumulate with the minished both the principal and interest, up to principal, and should be set aside and invested a certain time, before commencing to expend from time to time for the benefit of the agriit for its legitimate purposes, to include the cultural and mechanical departments of the matter in one word, and in order to tie up the college ; but the Convention felt indisposed to interest also for a certain period, as I under- tie up more than the capital itself in that manstood, the word "capital” was inserted, instead ner--that is, the original sum, or the principal. of " principal and interest,” both being includ. Therefore. I do not see the force of the word ed in that word. The Committee on Phraseo!. - capital,” because if it was intended to tie up ogy now recommend that the word " princi- both the principal and interest

, it was not in pal” only, be used.

accordance with the design of the Convention, Mr. KINKEAD. The committee supposed which was to hold the original sum only, allowthat the provision was intended to include only ing the interest to be at the disposal of the the original amount invested in this fund, and Board of Regents, to be appropriated accordreferring only to that the committee considered ing to the judgment and discretion of that that “principal” was a more appropriate word Board, under the provisions of the law of Conthan " capital,” the latter word being used, gress granting the ninety thousand acres to as a general thipz, only in reference to com- this State. It appears to me that “ principal” mercial transactions.

is the better word. Mr. COLLINS. I will state that the law of

Mr. DUNNE. I am satisfied with that exCongress under which the State is to receive planation, and see that I was in error in introfrom the General Government those ninety ducing the amendment originally. thousand acres of land-thirty thousaud acres

Mr. CHAPIN. Now I move that the entire for each member of Congress-makes it oblig- report of the Committee on Phraseology be atory that the proceeds of that land shall be adopted. set apart and invested exclusively for the ben

The PRESIDENT. The question will be first efit of a college in which certain specified on the amendments reported to Article VII. enbranches of knowledge are to be taught. The titled Impeachment and Removal from Office. obligation applies to the entire proceeds of that

The question was taken, and the amendments land, which includes both principal and inter-' to Article VII were agreed to.



[July 26.


The Index.

The PRESIDENT. The next question is on the history of the Territory of Nevada, to be prepared the amendments to Article XI, entitled Edu by the Hon. C. M. Brosnan.

2d. The Organic Act of the Territory of Nevada. cation.

3d. The Enabling Act, providing for this ConvenMr. MCCLINTON. I do not want to waste tion. the time of the Convention, but I would like 4th. The Homographic Chart of the members and to see this article, especially, made as correct officers of the Convention.

5th. The Debates and Proceedings of the Convenin its grammatical construction as it is possible tion (not including debates on points of order.) to mikeit, in the short time allowed for its con- The Constitution, as finally adopted. sideration. I certainly do think that the language in Section 7, where it says “under such Mr. WARWICK. I do not know as it would regulations as may be provided by law,” is not be exactly right in this resolution, and yet I do as good as it would be to say “ as shall be pre not see why it is not perfectly proper to provide scribed by law.” That is the word which is for giving at least one copy of the debates to almost universally employed in that connection each member of the Convention. -“the Legislature shall prescribe.

If one

The PRESIDENT. A section of the Schedgoes to a physician when he is in ill-health, the ule, which we have adopted, provides for the physician does not “provide" for him; he publication of six hundred copies, and I think * prescribes."

the Legislature will give one or two copies to The PRESIDENT. The amendment which each member of the Convention, in token of the gentleman suggests is not contained in the his services. report of the committee; and the gentleman Mr. WARWICK. I think it very possible will bear in mind that the article may be sub- that the first Lesislature will distribute them ject to amendment hereafter.

all among themselves and their friends. Mr. MCCLINTON. Very well.

The PRESIDENT. Provision has already The question was taken on the annendments been made in the Schedule for the publication reported to Article XI, and they were agreed of the debates and proceedings, and the comto.

pensation of the reporter, and this resolution The question was next taken on the amend is in conformity with the constitutional provisments reported by the Committee on Phrase- ion already adopted. ology to Article XVI, entitled Miscellaneous Mr. WARWICK. I should like to reach that Provisions, and they were agreed to.

matter in some way. Mr. DUNNE. I would inquire whether the The question was taken, and the resolution section prohibiting perpetuities, adopted as was adopted. Section 4, by resolution of the Convention, has

THE SCHEDULE. been incorporated in this article ?

Mr. KINKEAD. It has, in obedience to the Article XVII, entitled Schedule, was taken order of the Convention. We found no error up, on its third reading. in it, and therefore there was no occasion to Mr. McCLINTON. I have an impression refer to it in this report.

that there is one section of this article which Mr. BROSNAN. I would inquire if Section was not read yesterday. 6, as printed, limiting the aggregate number of

The SECRETARY. There is only one secmembers of the Legislature to seventy-five, has tion that was not read yesterday, from a half a been transferred from the article ?

dozen to a dozen times; that is the section The SECRETARY. No, sir; it is here. which was inserted last night on the motion of

the gentleman from Storey (Mr. Brosnan.) OFFICIAL MINUTES OF THE CONVENTION.

The PRESIDENT. That section was adoptMr. CHAPIN offered the following resolu-ed, and thereupon transferred to this article.

The SECRETARY read Sections 1 to 12, inResolved, That the minutes of this Convention, and clusive, as follows: the Constitution when finally enrolled, be deposited

That no inconvenience may arise by with the Secretary of Nevada Territory for safe keep- reason of a change from a Territorial to a permanent ing : provided, that the Official Reporter of this Con. State Government, it is declared that all rights, actions, vention shall be allowed the use of the said minutes prosecutions, judgments, claims, and contracts, as while preparing his report of the debates and proceed well of individuals as of bodies corporate, including ings of this Convention.

counties, towns, and cities, shall continue as if no The question was taken, and the resolution change had taken place ; and all process which may

issue under the authority of the Territory of Nevada, was adopted.

previous to its admission into the Union as one of the

United States, shall be as valid as if issued in the name THE DEBATES AND PROCEEDINGS.

of the State of Nevada. Mr. CHAPIN. I have another resolution to force at the time of the admission of this state, not re

All laws of the Territory of Nevada, in offer.

pugnant to this Constitution, shall remain in force The SECRETARY read the resolution, as until they expire by their own limitations, or be alterfollows:

tion :


SEC. 2.

ed or repealed by the Legislature,

All fines, penalties, and forfeitures accruing Resolved, That the volume or volumes of the debates to the Territory of Nevada, or to the people of the and proceedings of the Convention, as provided for in United States in the Territory of Nevada, shall inure the Schedule of the Constitution shall contain :

to the State of Nevada. 1st. An introduction, embracing a brief outline of SEC. 4. All recognizances heretofore taken, or which

SEC. 3.



[July 26.

may be taken before the change from a Territorial to a thereafter, the term of Senators shall be for four years permanent State Government, shall remain valid, and from the day succeeding such general election, and shall pass to, and may be prosecuted in the name of members of Assembly for two years from the day sucthe State ; and all bonds executed to the Governor of ceeding such general election, and the terms of Senathe Territory, or to any other officer or court in his or tors shall be allotted by the Legislature in long and their official capacity, or to the people ef the United short terms, as hereinbefore provided, so that one-half States in the Territory of Nevada, shall pass to the the number, as nearly as may be, shall be elected Governor, or other officer or court, and his or their every two years. successors in othce, for the uses therein respectively SEC. 10. The term of members of the Assembly expressed, and may be sued on, and recovery had ac- elected at the first election under this Constitution, cordingly; and all property, real, personal, or mixed, shall expire on the day succeeding the general election and all judginents, bonds, specialties, choses in ac- in A. D. 1865, and the terms of those elected at the tion, claims and debts of whatsoever description, and general election A. D. 1865, shall expire on the day sucall records and public archives of the Territory of Ne- ceeding the general election A. D. 1866. vadla, shall issue to and vest in the State of Nevada, SEC. 11. The first regular session of the Legislature and may be sued for and recovered in the same man. shall commence on the second Monday of December, ner and to the same extent by the State of Nevada, as A. D. 1864, and the second regular session of the same the same could have been by the Territory of Nevada. shall commence on the first Monday of January, A. D. All criminal prosecutions and penal actions which may 1866, and the third regular session of the Legislature have arisen, or which may arise before the change from shall be the first of the biennial sessions, and shall a Territorial to a State Government, and which shall commence on the first Monday of January, A. D. 1867, then be pending, shall be prosecuted to judgment and and the regular sessions of the Legislature shall be execution in the name of the State. All offenses com- held thereafter biennially, commencing on the first mitted against the laws of the Territory of Nevada Monday of January. before the change from a Territorial to a State Govern. SEC. 12. All county officers, under the laws of the ment, and which shall not be prosecuted before such Territory of Nevada at the time when this Constitution change, may be prosecuted in the name and by the shall take effect, whose offices are not inconsistent authority of the State of Nevada with like effect as with the provisions of this Constitution, shall continue though such change had not taken place, and all pen in office until the first Monday of January, A. D. 1867, alties incurred shall remain the same as if this Consti- and until their successors shall be elected and qualified; tution had not been adopted. All actions at law and and all township officers shall continue in office until suits in equity, and other legal proceedings, which the expiration of their terms of othce, and until their may be pending in any of the courts of the Territory successors are elected and qualitied. Provided, that of Nevada at the time of the change from a Territorial the Probate Judges of the several counties respectiveto a State Government, may be continued and trans- ly, shall continue in office until the election and quali. ferred to and determined by any court of the State tication of the District Judges of the several counties which shall have jurisdiction of the subject matter or judicial districts. And further provided, that the thereof. All actions at law, and suits in equity, aud terms of the present county officers of Lander County all other legal proceedings, which may be pending in shall expire on the first Monday of December, 1861, any of the courts of the Territory of Nevada at the and until the election and qualification of the succes. time of the change from a Territorial to a State Gov. sors of such othcers as are not inconsistent with the ernment, shall be continued and transferred to, and provisions of this Constiution. The several county may be prosecuted to judginent and exeention in any officers of sald County of Lander shall be chosen at court of the State which shall have jurisdiction of the the general election in November, A. D. 1864. subject matter thereof; and all books, papers, and records, relating to the same, shall be transferred in

LANDER COUNTY OFFICERS. like manner to such court. SEC. 5. Until otherwise provided by the Legislature,

Mr. CHAPIN. It seems to me the last prothe apportionmerrt of Senators and Assemblymen in the viso, in the section just read, does not sound different counties shall be as follows, to wit: Storey exactly right. It says—" the terms of the County, four Senators and twelve Assemblymen ; Douglas County, one Senator and two Assemblymen; present county officers of Lander County shall Esmeralda County, two Senators and four Assembly expire on the first Monday of December, 1864, men; Humboldt County, two Senators and three As- and until the election and qualification of the semblymen; Lander County, two Senators and four

They are to exAssemblymen ; Lyon County, one Senator and three successors of such officers.” Assemblymen; Lyon and Churchill Counties, one Sen pire at the time specified, and until something ator jointly; Churchill County, one Assemblyman; else happens. Nye County, one Senator and one Assemblyman; Washoé and Roop Counties, two Senators and three Assem. the engrossment is correct.

The PRESIDENT. It is so in the original ; blymen ; Ormsby County, two Senators and three Assemblymen.

Mr. DELONG. It is bad grammar, at any SEC. 6. All debts and liabilities of the Territory of rate. Nevada, lawfully incurred, and which remain unpaid

Mr. PROCTOR. I will move to insert “hold at the time of the admission of this State into the Union, shall be assumed by, and become the debt of office," instead of "expire.” the State of Nevada.

Mr. DUNNE. Suppose we pass the section SEC. 7. The term of State officers, except judicial, temporarily, and let the gentleman from Lanelected at the first election under this constitution, der (Mr. Warwick) give his attention to it. shall continue until the Tuesday after the first Monday of January, A. D. 1867, and until the election and quali

Mr. WARWICK. It seemed to me yesterday, fication of their successors.

that there was some little difficulty about that Sec. 8. The Senators to be elected at the first elec- language, as it was read at the desk. tion under this Constitution shall draw lots, so that the term of one-half the number, as near as may be, shall

Mr. CHAPIN. Let us proceed with the readexpire on the day succeeding the general election in A. ing, and give the gentleman from Lander an D. 1866, and the term of the other half shall expire on opportunity to prepare an amendment. the day succeeding the general election in A. D. 1868 ;

The PRESIDENT. If there is no objection provided, that in druwing lots for all Senatorial terms, the Senatorial representation shall be allotted so that that course will be taken. The Secretary will in the counties having two or more Senators the terms proceed. thereof shall be divided, as near as may be, between

THE SCHEDULE-CONTINUED. the long and short terms.

Sec. 9. At the general election in A. D. 1866, and Sections 13 and 14 were read, as follows:

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