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.

Resolved, That under the circumstances, we deem it our duty to return to our constituents, leaving to them the right to call a Convention for the formation of their State Constitution, whenever they shall deem it advis

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.

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 to that proposition. Now, if there is to be a Constitution submitted to the people, leaving that clause out, or recommending the proposition that the mines shall not be taxed, I think it would undoubtedly be satisfactory to the people in that regard; but I doubt whether such a Constitution would be satisfactory to the office-holders under that Constitution, for I do not see, for my part, where their pay would come from. There is scarcely any property, when you come to look at the vast budget of State debt which would be accruing every year, aside from the mining property, from

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 be adopted now with the mining tax clause in it, think we can go on under it and get a revenue, 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.

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.

Mr. BROSNAN. I wish to make one or two suggestions before the vote is taken on the pending question. I have listened to the reading of the preamble and resolutions with a great deal of attention, and I have been struck very much, Mr. President, with the loyalty of the sentiments which they embrace. I should be the last person in the world to vote against those sentiments, or to willingly favor any opposite doctrines. But that, I conceive, is not the question here. I consider that our duty is marked out for us by the highest authority of the land, and that, as sensible men, who have been sent here to discharge a specific duty, we should

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

that we shall dispose of the whole subject in a 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 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. 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 Mr. FITCH, (interrupting.) I rise to a ques-withdraw the motion, and move an indefinite tion 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.

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 indefiuitely 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.

mo

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 tions 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 explanation.

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 order, 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 I dislike very much to dispose of it without a 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

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

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 is no necessity for a State Government, nor because I do not intend to support the Constitution which may be framed here. I vote "no," solely out of courtesy, and I regret that the motion was made, because I would like to give to the Convention, and through it to the people, my reasons for favoring a State Govern- I ment at this time, when it is well known that one year ago I opposed it with all my might. Mr. GIBSON. I shall vote "no," for the simple reason that I wish to have the subject

Tuesday,] NOURSE-KINKEAD-TOZER-PRESIDENT-CHAPIN-FITCH-EARL-DELONG. [July 5.

from Humboldt is concerned, therefore, there | home to attend to my private business; and need be no hesitancy on the score of courtesy. then let every man who wants to present arguMr. NOURSE. If there are any others who ments for or against the Constitution which we desire to explain their votes, I suggest that shall have adopted, go home, and work and they be allowed to do so in the columns of the talk as long as he pleases. Those are my senCarson Independent. timents, and those are the reasons why I wanted the resolutions laid on the table and allowed to remain there.

Mr. KINKEAD. After the explanation which has now been made by the gentleman from Humboldt, I desire to change my vote to the affirmative.

Mr. GIBSON. I desire to do the same. Mr. CROSMAN. I wish to change mine also. Mr.TOZER. I wish to explain before changing my vote. I voted "no" only as a matter of courtesy to the gentleman, and now I vote in the affirmative.

Mr. FITCH. I would like to explain my vote. I have only this to say that I raised the question of order upon the motion to lay on the table, not out of any discourtesy, but solely because I believed it to be important that we should enforce the common parliamentary rules in the outset.

Mr. DELONG. Now, I am compelled to rise to a point of order, because these gentlemen who put the gag on me are themselves making long speeches. My point of order is, that there is no question before the house.

The PRESIDENT. I will state, with the permission of the Convention, that I am not prepared to refer to the gentleman's explanation as a reason why I should change my vote. I voted in the negative, because I wanted to have the matter discussed. I wanted to hear from some gentlemen whom I knew had hitherto opposed the adoption of a State Government, and who are now the ardent friends of that policy. I desired to hear from them an explanation of the reasons which, in their judgment, now exist in favor of a State Government which did not formerly appear, and I wanted that explanation to go forth to the people, to show them the reasons why we desire now to adopt a State Government. I wanted the subject ventilated, and believed there was no better time for this discussion than at the initiatory stage of our proceedings, in order that the people may be instructed, so far as the views of their delegates are concerned, as to the reasons and arguments in favor of the formation of a State Government. I do not change my vote, therefore, and I hope the matter will still be discussed, and possibly I may participate Mr. EARL. I offer this resolution, thinkin such discussion. I will repeat, however, my ing it will do no great hurt at least, to ascerformer statement, that I am opposed to every-tain what the feeling is amongst delegates from thing in the resolutions, save and except their loyal and patriotic sentiments.

The PRESIDENT. The gentleman from Storey (Mr. Fitch) asked leave to explain, and leave was given him, by the assent of the Convention, to proceed.

Mr. FITCH. I only want to say that I raised the question of order, not out of discourtesy to any one, nor from any desire to stifle discussion, but simply because I saw that the discussion was flagrantly and clearly out of order.

Messrs. Parker and Hawley changed their votes from the negative to the affirmative. The result of the vote was again announced, as follows:

Yeas-Messrs. Ball, Banks, Belden, Brosnan, Brady, Chapin, Crosman, Crawford, Collins, Earl, Fitch, Frizell, Folsom, Gibson, Hudson, Hawley, Hovey, Kinkead, Kennedy, Murdock, Nourse, Parker, Proctor, Sturtevant, Tagliabue, Tozer, and Wetherill-27. Nays-Messrs. De Long, Dunne, Lockwood, and Mr. President-4.

So the preamble and resolutions were laid on the table.

Mr. CHAPIN. I desire to say that I voted aye for an entirely different reason from any that has yet been stated. I voted to lay the resolutions on the table for the simple reason that I believe we are here for business, not for the presentation of arguments for or against the adoption of a State Constitution. I came here to work, and I want to go to work, and work every hour till I get through, and go

Mr. EARL offered the following resolution, which was read by the Secretary :

Resolved, That we now enter into a Committee of the

Whole, and ask of Congress to give us a change in our Judiciary, and that this body now propose such change necessary to be made, and forward the same to Congress. That we then adjourn, hoping that Congress will grant our prayer; that we say to the people of this Territory that if this change is granted us, we think it better for the present to remain as we are, under a Territorial Government.

different parts of the Territory in relation to our passing now from a Territorial to a State form of government: I offer it for that purpose wholly.

Mr. DELONG. Mr. President, I am frank to confess that if the recommendation in that resolution could be carried into effect immediately, and we could be assured that the desired change in our judicial system would be effected in that mode, I would certainly favor it, and it would be all I should ask. I went into the canvass and opposed the adoption of the Constitution last year, and the main grounds of my argument were, that in my opinion, we, as a people, were too young; that the amount of public property in this Territory which would be taxable under that Constitution was too small to warrant this people in assuming the responsibilities and obligations of a State Government, the support of which must fall so onerously upon the small amount of property which was then within our confines. I proposed that we should wait until we had the

NOURSE-PRESIDENT-CHAPIN-DELONG.