KINKEAD-CHAPIN-TOZER-DUNNE-BALL-FITCH-COLLINS.

Tuesday,]

PRESIDENT-STURTEVANT.

[July 5.

"SEC. 8. And be it further enacted, That provided the State of Nevada shall be admitted into the Union, in accordance with the foregoing provisions of this act, that twenty entire sections of unappropriated public lands within said State, to be selected and located by direction of the Legislature thereof, on or before the first day of January, Anno Domini 1868, shall be, and they are hereby granted, in legal subdivisions of not less than 160 acres, to said State, for the purpose of erecting public buildings at the Capital of said State, for legislative and judicial purposes, in such manner as the Legislature shall prescribe."

Again, in Section 11. there is this language:

"SEC. 11. And be it further enacted. That from and after the admission of the said State of Nevada into the

Union, in pursuance of this act, the laws of the United States not locally inapplicable, shall have the same force and effect within the said State as elsewhere within the United States, and said State shall contain one judicial district, and be called the District of NeThe terms of admission into the Union are

deference to the Convention of last year, which
had agreed upon the name of Nevada, that
body gave it that name, calling it Nevada in
the Act. I do not think, however, that that
would prevent the President from proclaiming
us as a State, if we should take any other
State name. I do not imagine that there
would be any serious objection, that is, in
Congress, and the name of Nevada is cer-
tainly a misnomer, for, if it conveys any mean-
ing at all, it is a great falsehood. I would be
The
glad if we could select some other name.
State of Washoe would sound well, and every-
body knows us by the name of Washoe, while,
if we are christened Nevada, we are liable to
be confounded with the city of Nevada, Nevada
County, and the Nevada Mountains. Quite re-vada."
cently we sent some very handsome silver
bricks to the East in aid of the Sanitary Fund
and I notice that the county of Nevada, in
California, was given the credit for sending
those bricks to St. Louis. I say, independent
of its being a falsehood, it is too common.
Those who understand the meaning of the word
are aware that it is wholly inapplicable to us.
When you hear it, you are inclined to button
your coat, and shiver. Here we have an
almost semi-tropical climate, and to call it
Nevada is an outrage upon the people and
the climate of almost the whole of the Ter-
ritory. Almost any other name would be
better than Nevada, and Washoe seems to
be the most appropriate word. We are known
everywhere, north and south, east and west,
as Washoe, and why should we give people
the impression that this is a species of north-
pole climate? Why should we convey the
groundless idea, that to make an expedition
here a man is required to fit himself out with
furs and moccasins, and everything else of that
kind, to prevent his freezing? Therefore I
hope, if it be possible, unless the Enabling
Act is deemed to be absolutely binding upon
us, that we shall christen the State by some
other name.

predicated from the beginning upon the name, State of Nevada." I think, from an examination of this act, we are clearly restricted to that name, and without that name there would be grave doubts wh ther there would be any authority by which we could obtain these public lands, and possibly there might even be some doubt as to our right to send a Representative to the Congress of the United States, without further Congressional action. To my mind it is quite obvious that we are precluded, by the action of Congress, from taking any other

name.

Mr. STURTEVANT. I was not aware but that every State, if it be a State at all, has a right to be represented in Congress, and I think in that respect it would make no difference what we called our State. I think we can name it any thing we please, and still we should be entitled to everything that other States are entitled to, because we come into the Union on an equality. Now, every State which is admitted is entitled to certain grants of lands, and certain rights and privileges, and if we do not have the same as other States have, we do not want to be admitted. This same question was up in the Convention of last year. Then the Legislature had passed an Enabling Act, authorizing the Convention to form a Constitution and State Government for the "State of Washoe," but the Convention saw fit then to alter the name to Nevada. I think we have as much right to alter the name in this Convention, and it would be much better to call the new State Washoe than to make it a mere namesake of every stable and every picayune liquor shop in the Territory. I hope we shall adopt the name of Washoe.

Mr. JOHNSON (the President). Whilst I concur in the views presented by my friend from Storey, (Mr. Collins) in favor of adopting some other name for our State, yet at the same time I must say I think we are precluded from so doing by the language contained in the Enabling Act. We should not seek for information regarding the sense of the act, upon that subject, from the preamble, or from its title, but we shall find it in the body of the act itself. Section 2, which has already been referred to, provides that the said State of Ne Mr. JOHNSON. Every State admitted into vada shall consist of certain specified Terri- the Union is entitled to such rights, in the tory" the said State of Nevada." Then matter of representation in the lower branch reading further, we find that Section 6 is as of Congress, and grants of public lands, and follows:like matters, as may be given to it by the act "SEC. 6. And be it further enacted, That until the under which it is admitted, whether that act be next gencral census shall be taken, said State of Nevada shall be entitled to one Representative in the an enabling act, authorizing the formation of a House of Representatives of the United States, which State Government and its admission by subseRepresentative," etc. quent proclamation, or an act of Congress Then in Section 8 we have this language:- authorizing such admission when the State has

Tuesday,]

TOZER-BALL-FITCH.

[July 5.

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 It is certainly a very harsh sounding word; to constitute but a small fraction of that which and its meaning I have never yet been able to would entitle us to a Representative. But the learn, either from the aborigines themselves, or rights we have as a State, in this particular, are from those who are acquainted with their lansuch as Congress in its wisdom has granted to us. guage. For these reasons, if not for more poCongress has provided that a State called the tent ones, I am in favor of retaining the name State of Nevada" shall be admitted after cer- of Nevada." tain 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 as sembling 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 Enabling 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. 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 Nevada Mountains. I think it proper to call the State "Nevada," on that account alone. My colleague is in favor of the name of "Washoe," on the ground of euphony. I take issue with him there. In my opinion, it is a miserable,

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.

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.

Mr. FITCH. The Committee of the Whole have reported the Preamble, as I understand. I move that the Preamble be adopted by the Convention.

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

Wednesday,] CROSMAN-BROSNAN-TOZER-PRESIDENT-HAWLEY-BELDEN-DUNNE. [July 6.

I The PRESIDENT. If the gentleman desires,

Mr. CROSMAN moved that the regular hour the resolution can be read and then withdrawn of daily meeting hereafter, be nine o'clock, A.

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 Mr. TOZER. I find there is a newly arrived some question arising hereafter as to the conmember, my friend Mr. B. S. Mason, of Esmer-struction to be given to this resolution. alda; and at a proper time I shall propose that he be sworn in.

The PRESIDENT. Our order of business is offered. is " Reports of Standing Committees," but Mr. DUNNE. Do not the rules require that we have as yet no Standing Committees, and a notice of one day shall be given before all the Special Committees, I understand, made changing one of the standing rules of the Contheir reports yesterday. vention?

Wednesday,]

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

time.

[July 6.

body. There seems to me to be a very wide shall have spoken, and in no case shall any member be difference between a Convention and a Legisla allowed to occupy more than fifteen minutes at any one ture; and the rules which would properly be Mr. HAWLEY. I would suggest that that rule applicable to a Legislature would not always would be likely to become rather obsolete, and apply to a Convention. 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 re- to five minutes. I do not wish to see any such lates 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.

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:

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.

MEMBER SWORN.

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 subMr. TOZER reminded the President that Mr.ject matter of the amendment of this rule on Mason, of Esmeralda,was present, and suggested the table. 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 amendment 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

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