xvi HOMOGRAPHIC CHART OF THE NEVADA STATE CONSTITUTIONAL CONVENTION, ASSEMBLED JULY 4th, 1864. Williams, R. H. Johnson, J. Neely, President. Ormsby.. Gillespie, Wm. M., Secretary. Storey Marsh, A. J. Official Reporter. California.. Reporter. Carson, T. M., Serg't-at-Arms. Ormsby.. San Francisco, Cal.. OFFICIAL REPORT OF THE DEBATES AND PROCEEDINGS OF THE NEVADA STATE CONSTITUTIONAL CONVENTION OF 1864. Monday.] FIRST DAY. TEMPORARY ORGANIZATION. CARSON, N. T., July 4, 1864. Pursuant to the provisions of an Act of Congress, approved March 21, 1864, entitled "An Act to enable the people 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," a Convention of Delegates representing the various Counties in the Territory, assembled in the Chamber of the House of Representatives at Carson City, for the purpose of framing a Constitution and form of State Government. Mr. JOHNSON called the Convention to order, at ten o'clock, A. M., and said : Gentlemen, Members of the Convention :At the request of several delegates, the hour having arrived when it is proposed that this Convention shall meet, I now call you to order, and move that Judge Brosnan, of Storey, be requested to serve as temporary President. The question was taken, and the motion was agreed to. Mr. BROSNAN took the Chair as President pro tem. of the Convention, and said: Gentlemen of the Convention :-I thank you most sincerely for this mark of your kind attention and respect for me. You will, I know, excuse me from making any observations at this time. Our work lies in hand, and we intend to get through with our business for to-day as rapidly as we can, in order to celebrate this glorious anniversary. Mr. JOHNSON moved that Mr. Tozer be [July 4th. chosen temporary Secretary; which motion was agreed to. Mr. COLLINS. I would inquire if there is a quorum present. Mr. JOHNSON. I believe there is not. Mr. TOZER, the Secretary pro tem., suggested that in order to ascertain the fact, members rise and be counted. This was done, and only nineteen members, (one less than a quorum), were present. Messrs. JOHNSON and GIBSON suggested that one or two others were in town, and would be in in a moment. Mr. STURTEVANT. I suggest, that perhaps it would be a good idea for Mr. Clemens, the Secretary of the Territory, to call the roll of the members elect to the Convention. Then we shall not only know whether or not a quorum is in attendance, but any existing erroneous impressions will be corrected in regard to who are members. For instance, it does not appear from the list as published in the newspapers, that I am a member. Mr. JOHNSON. We already have a temporary Secretary of the Convention, but neveras he has the roll, or list of names of members theless I will suggest that Secretary Clemens, roll. I will make that as a motion. elected, oblige the Convention by calling the The question was taken, and the motion was agreed to. ROLL CALL. The Hon. ORION CLEMENS, Secretary of the Territory, proceeded to call the roll of the Convention by counties, in the order in which the election returns had been received by him. The following gentlemen answered to their names: Lyon County,.... Washoe & Roop Counties. Churchill County, ?? Storey County,.. Frank H. Kennedy, George A Hudson, JS. Crosman. George A. Nourse, James H. Sturtevant. .Nelson E. Murdock. .Frank. M. Proctor. John A. Collins, Charles E. DeLong, Lloyd Frizell, Samuel A. Chapin, Thomas Fitch, Nath'l A. H. Ball, Charles Tozer, Almon Hovey, Cornelius M. Brosnan. J. Neely Johnson, J. H. Kinkead, Israel Crawford, George L. Gibson. Humboldt County,. . . . . . . .James A. Banks. The following gentlemen were absent :Lyon County,... . . . . . . . . H. G. Parker, Ormsby County,.. Esmeralda County,....J. G. McClinton, Douglas County,...... Nye County,.. Lander County,.... D. Wellington. A. J. Lockwood. JE. F. Dunne, The Territorial Secretary announced that twenty-one members were present. The PRESIDENT pro tem. There is a quorum of members present, and before proceeding any further I suggest to the Convention the propriety of opening our proceedings with prayer, inasmuch as I see that the Rev. Mr. White is present. Mr. COLLINS moved that Rev. Mr. White be invited to offer prayer, which was agreed to. The Rev. E. F. WHITE came forward and offered the following PRAYER. Our Father in Heaven, Thou art clothed in majesty and might! Thou art infinite in wisdom and truth-glorious in holiness, and eversting in being! Heaven and earth are full [July 4th. -an en of Thy presence and can not contain Thee! Thou hast given us life. Thy unwearying care has ever been extended over us, and we have dwelt and rejoiced "under the shadow of Thy wing." We acknowledge Thy mercy in directing our ways,-in appointing our changes, and in bestowing upon us all the personal, social and political blessings essential to our highest temporal and eternal well-being. We thank Thee for the civil order which has been established and maintained in this remote part of our land-that among these mountains, and amid these desert wilds, where hidden treasures are hoarded in their primal beds, neighborhoods, villages, cities, and the institutions of an enlightened Christian civilization have been planted, as in a day; and we thank Thee that now the foundations of a permanent Commonwealth are being laid,-that here, as we trust, a State is to be reared in righteousness,during monument to the honor of Thy namea solid pillar in the great temple of human freedom, and a tower of strength to the General Government, through all time. We beseech Thee, Heavenly Father, to bless every member of this Convention. Imbue each heart with wisdom from on high, and grant that no selfish purposes, no sordid motives, no unholy ambition, may bear influence upon this floor. May every mind realize its dependence upon Thee, and be assured of the enlightening influences of Thy word, and of the blessed teachings of Thy Holy Spirit. Let harmony prevail through all the deliberations and enactments of this body, and grant that the Constitution about to be made may be deeply founded in truth and equity, and secure to all classes of the inhabitants of the new State their natural, inalienable rights. And now, oh Lord our God, we commend to Thy guardian care our bleeding country. We thank Thee for Thy goodness in rearing and thus far preserving our nation. We confess that, as a people, we have wandered far from Thee. We have neglected Thy word and Thy sanctuary. We have not heard the cry of the poor and of the oppressed. We have abused Thy mercies-have grown proud, and have trusted in our own wisdom and strength. Forgive us, oh Lord, all our sins; cleanse our nation from every iniquity, and use it as a chosen instrument for good in all coming ages. We ask that thou will abundantly bless all in authority over us, especially the President of these United States, his Cabinet, and the heads of all the departments of our Government; wisdom and strength to enable them to disgrant to watch over them, and to give them Remember in merciful kindness our armies and charge every duty faithfully and in Thy fear. our navy guide their generals and officers, and guard and sustain all under their authority. In the hour of battle be thou their shield and defence; give them victory, and crown their efforts to sustain this great nation and to restore peace with success. Bless the wounded, the sick, the destitute, the suffering, and the be Tuesday,] COLLINS-BALL-STURTEVANT-GIBSON-NOURSE-CHAPIN-FRIZELL. reaved; bind up every broken heart, and supply the wants of all the needy. We pray for our enemies; show them, oh Lord, the wickedness of their rebellion; lead them to repentence, and pardon their great sin; overcome evil with good. Cause the wrath of man to praise Thee, and the remainder of wrath restrain." Grant that the hour may hasten on when righteousness and peace shall prevail in all our borders. Bless the nations of the earth; send abroad the light of Thy word; regenerate, purify, and ennoble all the masses of our race, and fill the world with a knowledge of Thy name. Hear our prayer; mould our characters, and ever let the light of Thy love abide upon us in all its fulness and richness; and to Thy name, Father, Son, and Holy Spirit, be all the praise, world without end. Amen. COMMITTEE ON CREDENTIALS. Mr. COLLINS. I move that the Chair appoint a committee of three, on Credentials, to report at the next meeting. The question was taken, and the motion was agreed to. [July 5th. I would Mr. CHAPIN. Oh, I think not. not do that when there is so small a number of members present. The PRESIDENT pro tem. The question is on the motion to adjourn. Messrs. DELONG and FITCH suggested that the question should be taken on the shortest time first; which was agreed to. The question was taken on Mr. Ball's motion, that the Convention adjourn until ten o'clock, A. M., to-morrow; and it was agreed to, upon a division-ayes, 12; noes, 6. Accordingly, at thirty minutes after ten o'clock, A. M., the Convention adjourned. SECOND DAY. CARSON, July 5, 1864. The Convention met pursuant to adjournment, and was called to order at twenty-five minutes before eleven o'clock, by the President pro tem. Prayer was offered by the Rev. E. F. White. The roll was called, and twenty-eight mem The PRESIDENT pro tem. appointed as such committee, Messrs. Collins, Johnson, and Ken-bers were present, viz :nedy. ADJOURNMENT. Mr. BALL. I move that the Convention now adjourn till to-morrow at ten o'clock, A. M., in order that we may participate in the celebration of Independence Day. Mr. STURTEVANT. I move to amend that motion so as to adjourn to meet to-morrow, at twelve o'clock. I think most of the members will agree with me that we are likely to be somewhat sleepy to-morrow morning, after the festivities and fantastics of the day. Mr. GIBSON. I am in favor of that amendment. It will give time for members to get here who are now absent. The Esmeralda members probably will not arrive before twelve o'clock. The stage does not get in before that hour. Mr. BALL. I insist on my motion. I did not come down here to attend balls, and parties, and get sleepy, but to work. I came here for business. Mr. TOZER. I hope the motion will prevail. Mr. NOURSE. I move to amend the amendment so as to meet at one o'clock. It seems to me that the hour should be either ten or one, because twelve o'clock is the usual hour for lunch. Mr. CHAPIN. I think the gentleman from Washoe, (Mr. Nourse,) is correct. If we do not meet at ten o'clock, we should defer it till one. Mr. STURTEVANT accepted Mr. Nourse's amendment. Mr. FRIZELL. I suggest, before this motion to adjourn is put, that we shall be adjourning without finishing our business properly. It seems to me that we ought to appoint a committee on permanent organization. Messrs. Ball, Banks, Belden, Brady, Brosnan, Chapin, Collins, Crawford, Crosman, DeLong, Earl, Fitch, Frizell, Folsom, Gibson, Hawley, Hovey, Hudson, Johnson, Kennedy, Kinkead, Lockwood, Murdock, Nourse, Proctor, Sturtevant, Tagliabue, and Tozer. The journal of yesterday was read and approved. CREDENTIALS. Mr. COLLINS submitted the following report: the following list of delegates, as returned by the sev Your Committee on Credentials beg leave to report eral County Clerks to the Secretary of the Territory. There are several counties that have made no returns, or at least, none have been handed to the committee. The following is the list of delegates returned: Lander County,..... Humboldt County,. Ormsby County,.. Storey County,.. Nye County,.. Douglas County,... Churchill County, (J. H. Warwick, William Henry Jones. J. Neely Johnson, A. J. Lockwood, Josiah Earl, Nath'l A. H. Ball, Charles W. Tozer, Almon Hovey, Cornelius M. Brosnan, Frank. Tagliabue, (Albert T. Hawley, .........Nelson E. Murdock, Tuesday,] Lyon County,.. STURTEVANT-CHAPIN-JOHNSON-COLLINS-CROSMAN-TOZER. Frank. H. Kennedy, George A. Nourse, [July 5. After a few moments' delay, Mr. Johnson returned with a copy of the oath prescribed by Congress, in 1862. The members of the Convention rose, and Judge Wright administered the oath in the following words : You and each of you do solemnly swear, that you have never voluntarily borne arms against the United States since you have been citzens thereof; that you have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that you have neither sought nor accepted, nor attempted to exercise the functions of any office whatever, under any authority, or pretended authority in On motion of Mr. CHAPIN, the report was hostility to the United States; that you have not yielded received and the committee discharged. On motion of Mr. CRAWFORD, the report was adopted. OATH OF OFFICE. a voluntary support to any pretended government, authority, power, or constitution within the United States, hostile or inimical thereto. And you do further swear, that to the best of your knowledge and ability you will support and defend the Constitution of the United States against all enemies, foreign and domestic; that you will bear true faith and allegiance to the same; that you take this obligation freely, without any mental reservation or purpose of evasion; and that you will Mr. STURTEVANT. I move now, Mr. President, that we proceed to a permanent organi-well and faithfully discharge the duties of the office on zation of the Convention, by the election of a President, and other officers. Mr. CHAPIN. Before that motion is put, I suggest that the oath be administered to the members. Mr. JOHNSON. Judge Wright, Probate Judge of this County, is, I understand, in the adjoining room, and as he is, probably, the highest judicial authority now at the capital, it would be proper, I think, to invite him to administer the oath. Mr. CHAPIN. Very well; I move that a committee of three be appointed to wait upon Judge Wright, and request him to attend and administer the oath of office to the members. The question was taken, and the motion was agreed to. which you are about to enter SO HELP YOU God. The above oath having been transcribed by the Secretary, was subscribed by the members present. PERMANENT ORGANIZATION. Mr. CROSMAN. I now renew the motion to proceed to the election of permanent officers. Mr. JOHNSON. It has been suggested that another member has arrived since the oath was administered-Mr. H. G. Parker, of Lyon County-I propose that he be sworn in now. Mr. PARKER come forward, was sworn, and took his seat as a member of the Convention. Mr. STURTEVANT. I renew the motion to proceed to a permanent organization by the The PRESIDENT pro tem. appointed as such committee, Messrs. Chapin, Hudson, and Gib-election of permanent officers. son. The committee retired, and immediately thereafter returned, accompanied by Judge Wright. Mr. JOHNSON. I think we had better inform ourselves, if we are not already advised, as to what oath should be administered. My own memory is at fault at the present moment, in respect to the Enabling Act, but I suppose, if there is nothing in regard to the oath in that act, that we shall have to resort to that form of oath which was prescribed for all public officers by Act of Congress, passed some two years since, rather than to the one prescribed by the laws of the Territory. Mr. CHAPIN. I hope the gentleman will define the motion more clearly; if he will say for the election of President and Secretary, we shall then be in working condition, and can proceed to the election of subordinate officers afterwards. Mr. STURTEVANT. I do not know what the objection is to going on now with the election of all the officers, from the commencement; I would like to finish it up. Mr. TOZER. I hope the gentleman from Washoe, (Mr. Sturtevant), will accept the amendment suggested by my colleague. If we elect a President and Secretary, we can then proceed to determine what other officers we Mr. COLLINS. I think the Enabling Act is shall require, what their compensation shall be, silent upon the subject. I suggest that Gov- etc.; by proceeding to elect officers promiscuernor Johnson procure a copy of the oath pre-ously, we might get more officers than we want, scribed by Congress, if he has one. Mr. JOHNSON. I think I can procure it in a moment. Mr. STURTEVANT. I do not know but it would expedite matters to administer the old oath and the new one too; the new one is very strong, and if the old one is stronger it will not hurt us any. or not so many as we ought to have. Mr. STURTEVANT. Then I will amend my motion so as to be, that we proceed to a permanent organization of the Convention, by the election of a President and Secretary. Mr. CROSMAN. cers?- Viva voce? Mr. HAWLEY. There is known to be more How are we to elect offi |