Tuesday,]

It is certainly a very harsh sounding word; and its meaning I have never yet been able to learn, either from the aborigines themselves, or from those who are acquainted with their language. For these reasons, if not for more potent ones, I am in favor of retaining the name of Nevada."

been previously organized. There is an exist- guttural, meaningless word, especially when ing act of Congress establishing the ratio of it is pronounced by that half-clad, abject tribe of representation, and under that act, as every Indians who go by the name of "The Washoe." member knows, our population is so meagre as to constitute but a small fraction of that which would entitle us to a Representative. But the rights we have as a State, in this particular, are such as Congress in its wisdom has granted to us. Congress has provided that a State called the State of Nevada" shall be admitted after certain proceedings have been had, and the President is authorized to declare by proclamation the admission of the State of Nevada" into the Union; and I conceive that no other name would comply with the terms under which we are to be admitted. It is true that the late Constitutional Convention did override the act of the Legislature by substituting the name of "Nevada" for "Washoe;" but that cannot be regarded as a precedent, because the Convention was held entirely without authorthority having previously been given by Congress. The entire action of that Convention depended upon the subsequent approval of Congress, for it rested with Congress to say whether we should be admitted under that Constitution or not, and we could just as well have been admitted by one name as by another. The people, however, refused to ratify the action of the Convention, and consequently Congress took no action upon it, but provided for the assembling of a Convention, by the passage of our Enabling Act. In that Enabling Act, as I conceive, Congress has specifically prescribed our name. By that name alone we acquire, not only the right of representation, but all the other rights referred to in that act. I think there are some objections to that name; but, if so, those objections should have been made known to Congress before the passage of this Eaabling Act. Now the child is named; it has been baptized by the name of Nevada, and nothing short of an act of Congress can change that name.

Mr. BALL. There is another reason why the name of Nevada should be retained. In the last Convention, a motion was made to call the State Esmeralda, another to call it Humboldt, a third Washoe, and a fourth Nevada; and the latter was finally adopted. The discussion on that subject induced me to make inquiries of various gentlemen who came to this Territory for two or three months thereafter, either on pleasure or on business, and whose homes are in the East. Without exception, those gentlemen told me that they never heard the name of Washoe applied to this country at all, until they came to California, except by some of their friends who had resided in California, and who spoke of the mines of Washoe as being very rich; and they said they were surprised when they found that by Washoe they meant Nevada Territory. They each and all assured me that the name by which we are known throughout the East is Nevada. That is one great reason, to my mind, why we should adopt that name. Then we shall still be known as Nevada at home; and when there are any reports or statements made there in reference to Nevada, everybody will understand where it is at once. I think there is no good reason why we should change our name, and certainly very few persons in this Territory, or among my constituents, at least, desire to adopt the name of Washoe.

The question was taken on the amendment to strike out "Nevada," and insert Washoe," and the amendment was not agreed to.

The question was taken on the adoption of the Preamble, as originally read, and it was adopted.

Mr. FITCH moved that the Committee rise, report progress, and ask leave to sit again. The question was taken, and the motion was agreed to; and the Convention accordingly

rose.

IN CONVENTION.

Mr. TOZER. I shall leave the discussion of the point as to whether or not we are concluded by the Enabling Act in regard to the name, to others. But I have been heretofore, and am now in favor of the name of "Nevada," for this country. I think it is a beautiful and euphonious name. My colleague, (Mr. Collins,) says it is unpleasant and meaningless to him, and the gentleman from Washoe, (Mr. Sturtevant,) urges that it is liable to be confounded with towns, cities, and mountains. It does not seem to me that there is more liability of confusion on that score, than there would be with almost any other name that can be suggested. We are already well known as the Territory of Nevada, and a great part of our Territory lies throughout its course at the base of the Sierra Mr. FITCH. The Committee of the Whole Nevada Mountains. I think it proper to call have reported the Preamble, as I understand. the State "Nevada," on that account alone. My I move that the Preamble be adopted by the colleague is in favor of the name of "Washoe," Convention. on the ground of euphony. I take issue with him there. In my opinion, it is a miserable,

The PRESIDENT having resumed the Chair, The CHAIRMAN reported that the Committee of the Whole had had under consideration the Preamble, Declaration of Rights, and other matters; had made some progress therein, and had instructed him to ask leave to sit again.

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

Wednesday,] CROSMAN-BROSNAN-TOZER-PRESIDENT-HAWLEY-BELDEN-DUNnne.

HOURS OF SESSION.

Mr. CROSMAN moved that the regular hour of daily meeting hereafter, be nine o'clock, A. M.

Mr. BROSNAN. I have a resolution here in regard to that subject which I will offer, if the gentleman will withdraw his motion.

Mr. CROSMAN. Certainly; I withdraw it. The SECRETARY read Mr. Brosnan's resolution as follows:

Resolved, That this Convention shall, until otherwise ordered, meet at nine o'clock, A. M., each day, (Sundays excepted,) and continue in session until noon, at which hour a recess shall be taken. It shall meet again at one, and hold its session until five o'clock, P. M.

The question was taken, and on a division. the resolution was adopted-ayes, 19; noes, 4. On motion of Mr. CROSMAN, at twenty-five minutes before six o'clock, P. M., the Convention adjourned.

THIRD DAY.

CARSON, July 6, 1864. The Convention met at ten o'clock, A. M., and was called to order by the President.

In the temporary absence of the Secretary the Official Reporter called the roll, and twenty-eight members responded to their names, the absent members being Messrs. Belden, Fitch, Haines, Jones, Mason, McClinton, Morse, Warwick, Wellington, Wetherill, and Williams.

Prayer was offered by Rev. Mr. Riley. The journal of yesterday was read and approved.

[July 6.

The SECRETARY read:

Resolved, That this Convention order to be printed one hundred copies of the Rules and Order of Business of the Territorial Legislative Assembly, adopted by this Convention July 5, 1864.

Mr. HAWLEY withdrew the resolution temporarily.

LIMITATION OF SPEECHES.

Mr. BELDEN offered the following, which was read:

WHEREAS, The people of the Territory of Nevada expect, and it is due to them, that the term of this Convention be made as short as possible; and whereas, considering the grounds upon which the Convention has based its proceedings for framing a Constitution for the coming State of Nevada, it is believed that the

work can soon be accomplished; therefore be it

Resolved, That each member of this Convention shall be allowed fifteen minutes, and no more, for his own expressions upon any one subject matter that may come before this Convention during its term.

Mr. STURTEVANT. I second the resolution.

The PRESIDENT. Before I put the question on this resolution I desire to call attention

to one of the rules which we have already adopted, because there may be some conflict between the resolution proposed and that rule. I refer to rule XII, which reads as follows :—

12. No member shall speak more than twice to the until every member desiring to speak on the question same general question, without leave of the House, pending shall have spoken.

That there may be no confusion in our rules, I simply suggest that the resolution be so framed as not to conflict with one of the established rules of the Convention. There may be some question arising hereafter as to the conEsmer-struction to be given to this resolution.

Mr. TOZER. I find there is a newly arrived member, my friend Mr. B. S. Mason, of alda; and at a proper time I shall propose that he be sworn in.

is

The PRESIDENT. Our order of business Reports of Standing Committees," but we have as yet no Standing Committees, and all the Special Committees, I understand, made their reports yesterday.

RULES OF THE CONVENTION.

Mr. BROSNAN. I rise for information. I would like to ascertain from some gentleman from Ormsby County whether or not it is possible to obtain copies of the Rules of the last Assembly.

Mr. HAWLEY. I have inquired of the Sergeant-at-Arms, and he informs me that he is unable to find them. I have, therefore, prepared a resolution to print them.

The PRESIDENT. Motions and resolutions are in order as the regular order of business.

Mr. HAWLEY. Then I will send up my resolution. The Sergeant-at-Arms now informs me, however, that he thinks there is a desk in the County Clerk's office, in which there are a number of copies, and as soon as he can get into that office he will try to find them.

Mr. BELDEN. I believe the Convention owes it to itself to adopt this resolution as it is offered.

Mr. DUNNE. Do not the rules require that a notice of one day shall be given before changing one of the standing rules of the Con

vention?

The PRESIDENT. I have not a copy of the rules, but the Secretary informs me that there is such a standing rule.

Mr. DUNNE. I supposed there was, and I would suggest to the gentleman that he give notice that to-morrow he will move to amend that standing rule; I think the rule should be amended in that respect, and if the gentleman does not do so, I will give that notice myself.

Mr. BROSNAN. We might suspend that rule, and let the resolution be acted upon now.

The PRESIDENT. The rules which we have adopted provide that no standing rule or order of the House shall be changed, except upon a motion of which at least one day's notice shall have been given, stating the specific object of such change; and the amendment to be made must be distinctly specified. These rules, it occurs to me, do not all apply very well to this

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DUNNE-PRESIDENT-MASON-HAWLEY-TOZER-Nourse-DELONG.

body. There seems to me to be a very wide difference between a Convention and a Legisla ture; and the rules which would properly be applicable to a Legislature would not always apply to a Convention.

time.

[July 6.

shall have spoken, and in no case shall any member be allowed to occupy more than fifteen minutes at any one Mr. HAWLEY. I would suggest that that rule would be likely to become rather obsolete, and I will ask the gentleman's permission to add the words, "unless by leave of the House."

Mr. DUNNE. I imagine not; but it seems to me, however they may be construed, that if Mr. DUNNE. The Convention seems to have two thirds of any parliamentary body wish to varied somewhat from the opinion which preamend a rule, they may do so. And for the pur- vailed yesterday against protracted discuspose of seeing whether or not this amendment sion. I stated yesterday that I did not wish to can be made now, I move that that portion of set a bad example, therefore I limited myself the standing rule of the Convention which relates to the time that may be occupied by a speaker, whether it be embraced in one or two of the rules, be suspended, for the purpose of making an amendment, and as it requires to be distinctly stated, I offer this as an amendment:Resolved, That no person shall be allowed to speak more than fifteen minutes on any one subject, nor

more than once upon that subject, so long as any other member who wishes to express his opinions has not

been heard.

The PRESIDENT. I suggest that the gentleman from Humboldt should reduce his motion to writing, as it is intended to become one of our standing rules.

Mr. DUNNE. I will do so, sir.

The PRESIDENT. On examination of these rules, so far as I can discover, it is not necessary that one day's notice, or that any notice, shall be given; because I find that it is provided that any rule may be altered or changed by a two-thirds vote. It will be entirely in order, therefore-I address myself to the gentleman (Mr. Belden) who first offered the resolution to move to amend the rule as it now stands, by substituting his resolution. And then, if the gentleman from Humboldt (Mr. Dunne) desires, he can offer an amendment in order.

to five minutes. I do not wish to see any such bad example set; but, at the same time, I do not wish to limit every man to five minutes, and therefore I say that no one shall speak more than fifteen minutes. It seems to me that that is long enough.

Mr. NOURSE. It seems to me that there

might happen occasions where justice would require a prolongation of that time.

Mr. DUNNE. Then it can be done by a twothirds vote suspending the rule.

Mr. NOURSE. I would like to have inserted, "unless the House grants leave."

Mr. DUNNE. Do you mean by that, unanimous leave?

Mr. NOURSE. Certainly.

Mr. DUNNE. Very well; I will accept that. The PRESIDENT. The Chair will state the position of the question: If the amendment be adopted, as proposed by the gentleman from Humboldt, the rule will be, that a member may speak twice with the leave of the House, but not more than fifteen minutes in the aggregate, unless by leave of the House-unless the rule be suspended for that purpose.

Mr. TOZER. It is poor economy of time, it strikes me, to spend the whole day in fixing this rule, when we might be progressing with the work before us. I hope we shall come to

Mr. BELDEN. I make that motion. The PRESIDENT. The Secretary will read some determination. the amendment proposed to Rule XII.

The SECRETARY read :—

Fach member of this Convention shall be allowed

fifteen minutes, and no more, for his own expressions upon any one subject matter that may come before this Convention during its term.

MEMBER SWORN.

Mr. TOZER reminded the President that Mr. Mason, of Esmeralda, was present, and suggested that he be sworn in.

Mr. B. S. MASON, of Esmeralda, came forward, and after taking the oath of office, administered by Judge Wright, and subscribing to the same, took his seat as a member of the Convention.

THE RULES-AGAIN.

Mr. DUNNE. I now desire to offer my amend ment to the standing rule; to add these words: "And in no case shall any member be allowed to occupy more than fifteen minutes at any one time," So that the rule as amended will read : No member shall speak more than twice to the same general question without leave of the house, until every member desiring to speak on the question pending

Mr. NOURSE. I understand the gentleman from Humboldt to accept my amendment to add the words, "unless by leave of the House."

Mr. DUNNE. The gentleman made that proposition, and I asked him if he meant it to be "unanimous leave of the House." He assented to that, and I accepted it in that language.

Mr. TOZER. I move to lay the whole subject matter of the amendment of this rule on the table.

The question was taken by a division, and the motion to lay on the table was not agreed to-ayes, 11; noes, 18.

Mr. DELONG. As I prefer the original to the substitute, I move to lay the substitute on

the table.

The question was taken by a division, and the motion to lay on the table was not agreed to-ayes, 13; noes, 14.

Mr. NOURSE called for the reading of the substitute as modified.

The SECRETARY read:

No member shall speak more than twice to the same general question without leave of the Convention, until every member desiring to speak on the question

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PRESIDENT-DELONG-HAWLEY-STURTEVANT-CHAPIN-BANKS.

pending shall have spoken, and in no case shall any member be allowed to occupy more than fifteen minutes at any one time, except by unanimous consent of the Convention.

[July 6.

Territorial Legislative Assembly, adopted by this Convention July 5, 1864.

The question was taken on the adoption of the printer will do it and take the rough the substitute, and it was adopted.

Mr. FITCH. If any gentleman here thinks chances of pay. I think we had better let him. Mr. DELONG. I suggest that we call upon the gentleman from Ormsby, (Mr. Crawford,)

for information.

The PRESIDENT. The position of the question now is, that the substitute having been adopted for the amendment to the rule proposMr. STURTEVANT. I wish to give notice ed by the gentleman from Washoe, (Mr. Belden,) the question recurs upon the adop- of a motion to amend that two-thirds arrangetion of that amendment to the rule, as amendment, [laughter.] so that we shall be able to ed, and upon that a two-thirds vote is required. do business. We might perhaps be caught Mr. DELONG. Can the standing rules be amended without a preliminary notice? The PRESIDENT. That inquiry was made a little while ago, and I could not find any standing rule requiring a preliminary notice. Mr. DUNNE. I would ask that the Secretary read, for information, the rule in regard to

amendment of the rules.

The PRESIDENT. The question is on the adoption of the substitute for Rule XII.

Mr. CROSMAN. I understand it is not a substitute, but an addition to that rule. The PRESIDENT, The gentleman is correct.

Mr. DELONG. I call for a division on adopting the amendment.

The question was taken by a division, and the vote stood-ages, 19; noes, 9.

Mr. DELONG. I understand that the amend ment is lost, because the affirmative side has not a two-thirds vote of all the members elect

ed.

Mr. STURTEVANT. It seems to me that that would be rather a singular precedent to establish. Suppose there were not two-thirds of the members elected here?

The PRESIDENT. The gentleman from Storey is correct; the amendment is lost.

Mr. FITCH. It occurs to me, Mr. President that we made a mistake yesterday, and one that we might just as well correct this morning. When the committee reported back the Preamble, I moved its adoption, and it is recorded as adopted, on the minutes. Now I have not read the rules, but I would suggest that the Preamble will require to receive three several readings; and I further suggest that we take it up and read it now.

without any two-thirds of the members elected

here. and then we should find ourselves in a

tight place, not being able to do anything at all. I think that any gentleman who was a member of the last Legislature will understand pretty well what I mean. We were tight up" there pretty nearly all the time, from the beginning to the end.

The PRESIDENT. The gentleman's notice will be entered upon the minutes.

son:

Mr. CHAPIN. I hope that this resolution to print will not be adopted, and for this reaThose rules were prepared for another and different body entirely, and they are not at all appropriate to the government of the proceedings of this body. It would be a great expense to print them; it would occasion considerable delay; and they would be of no account whatever after they were printed. Now, I wish to avoid that expense and inconvenience, and I propose, as a substitute for that resolution, that we do as we did at the last Convention

adopt the rules prescribed in Jefferson's Manual, and let us be governed by them wholly,without going any further. I now make that motion.

Mr. BANKS. I apprehend that every practical difficulty will be avoided by common consent in regard to that motion. The reason why these rules were adopted by the Convention was the statement which has been repeated here, that we could probably find a hundred copies of them already printed. But for that supposition, the committee probably would have reported in favor of a proposition similar to that now made by the gentleman from Storey, (Mr. Chapin.) I hope, under the circumstances, that the motion will prevail, and that we shall adopt Jefferson's Manual as the embodiment of the rules for the government of business? this body. The rules laid down in Jefferson's The PRESIDENT. Motions and resolutions. Manual have become the common law in parMr. HAWLEY. I learn from the Sergeant-liamentary matters. They are understood by at-Arms that he has been unable to find copies all those who are accustomed to the deliberaof the rules we have adopted, and they are en- tions of bodies of this character. And, then, tirely lost. I therefore renew my resolution-with a few books, we can get along much better that the Secretary be required to furnish a copy of the rules to the printer, to be printed for the use of the members; but I do not know as he will print them without some promise of compensation.

Mr. DELONG. What is the regular order of

The SECRETARY read the resolution, as follows:

Resolved, That this Convention order to be printed 100 copies of the rules and order of business of the

here than we could with a few copies of these rules. I hope the motion will prevail, and a number of copies of Jefferson's Manual can then be procured and passed around among the members, and we can get along much more economically than by any other course.

The PRESIDENT-The Chair would suggest that the gentleman from Storey, (Mr. Chapin,) reduce his motion to writing.

Wednesday.]

HAWLEY-CHAPIN-NOURSE-PROCTOR-DUNNE-DELONG-FITCH.

[July 6.

Mr. HAWLEY. I merely introduced this The question recurred upon the adoption of resolution to get the matter before the Conven- the report of the Committee on Rules and tion. I presumed myself that there would be Order of Business as amended, and it was difficulty in obtaining the printing, and I adopted. think there will be no opposition to the amendment of the gentleman from Storey. I will therefore, with the leave of the Convention, withdraw my resolution.

Mr. CHAPIN. I will offer the following: Resolved, That the rules prescribed in Jefferson's Manual be adopted for the government of this Convention.

Mr. NOURSE. I second the resolution, for the purpose of making a remark upon it. I suppose, as it stands now, the rules of the last House are the rules of this body, and they cannot be suspended, except by a two-thirds vote. Now, I find, by reference to those rules, that a motion to reconsider is in order, and I would inquire whether, if this resolution be withdrawn, and a motion to reconsider passed, it will not leave us where we were before adopting those rules. If so, then we could adopt Jefferson's Manual instead.

Mr. CHAPIN. I will withdraw the resolution for that purpose.

Mr. NOURSE. Then I move that the vote by which the Convention adopted the rules of | the last Legislature be reconsidered, they having been adopted simply because it was believed that we had a large number of printed copies, and it now appearing that that was a mistake. I see no reason for adopting them whatever, as this is a different body altogether from a Legislature, and as the only reason given for adopting them has been found not to exist.

Mr. DeLONG. As a question of order, I will state that a motion to reconsider can only be made on notice given.

Mr. NOURSE. No, sir; the rule says, simply, that a motion to reconsider shall not be made, except upon the same day, or the following day, and I will add, for the information of the gentleman, that I voted in the majority.

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

Mr. CHAPIN. I now offer my resolution. The PRESIDENT. The vote having been reconsidered, the question now before the Convention is upon the adoption or rejection of the report of the Committee recommending these rules. That is open to amendment, and I understand the gentleman from Storey (Mr. Chapin) now offers this as an amendment to the report of the Committee.

The SECRETARY. The report is-first, the order of business; second, recommending the adoption of the rules, so far as applicable; and third, recommending the adoption of Jefferson's Manual in matters to which the rules of of said Legislature may not apply.

The PRESIDENT. The amendment, then, applies only to that portion which relates to the rules.

The question was taken on the adoption of Mr. Chapin's amendment, and it was adopted.

PRINTING.

Mr. PROCTOR offered the following resolution, which was read and adopted :

Resolved, That a committee of three be appointed to make arrangements for the necessary printing for this Convention.

The PRESIDENT appointed as such Committee, Messrs. Proctor, Fitch, and Crawford.

LIMITATION OF SPEECHES-AGAIN.

Mr. DUNNE. Now, Mr. President, while I cannot but admire the parliamentary tact of those gentlemen who are opposed to limiting the time of speaking, yet I cannot but notice their practical ingratitude, manifested by so soon rejecting the very means by which they carried their point. But, as the two-thirds rule is now out of the question, I offer this resolution, which I send up to the desk.

Mr. DELONG. I would ask if, under the Manual, it is in order to offer the same resolution twice on the same day, after a final vote upon it?

The PRESIDENT. The Chair is in doubt about it; the Convention changes its rules so often.

Mr. DELONG. I submit, that after the action of the Convention, adopting Jefferson's Manual, a proposition submitted and voted upon on one day cannot on that day be again brought before the House.

Mr. DUNNE. Even admitting that to be the case, which I do not doubt, still it was not an original resolution which was formerly voted upon, but only an amendment.

The PRESIDENT. The Chair conceives that the resolution offered by the gentleman from Humboldt embraces substantially the same subject matter as that which has already been voted upon. The Chair is therefore constrained to rule the point of order well taken.

THE PREAMBLE.

The PRESIDENT announced, as the order of business, the second reading and reference of bills.

Mr. FITCH. Now, I move that the Preamble to the Constitution, the adoption of which was carried yesterday, be taken up and read a second time. We committed an error, yesterday, in adopting it as a finality, and I want to get out of it as easily as possible. If we pass it to its second reading, I think it might be well to defer the third reading until the entire Article - the Declaration of Rights- be also considered and adopted. Then we can give them their third reading all together, and pass them as one bill.

Mr. DELONG. I think we made a mistake, yesterday, by adopting this Preamble, when it should have been only read a second time, and referred to the Committee of the Whole, to be