Wednesday,] DELONG-PRESIDENT-COLLINS. County of Washoe for judicial, legislative, revenue, and county purposes, until otherwise provided by law. No amendment was proposed. The PRESIDENT. The final revision of the Schedule is now completed; what is the pleasure of the Convention? Mr. DELONG. I move that the Convention adjourn. The PRESIDENT. We shall be unable to assemble a quorum to-morrow, and the Election Ordinance remains to be read. Mr. DELONG. We can finish before ten o'clock in the morning; however, I withdraw the motion. ELECTION ORDINANCE. [July 27. elections shall be appointed by said Commissioners, and the said elections sha 1 be conducted in conformity with the existing laws of said Territory in relation to holding the general elections. SEC. 5. The Judges and Inspectors of said elections shall carefully count each ballot, immediately after said elections, and forthwith make duplicate returns thereof to the Clerks of the said County Commissioners of their respective counties; and said Clerks, within fifteen days after said elections, shall transmit an abstract of the votes, including the soldiers' vote, as herein provided, given for State officers, Supreme and District Judges, Representative in Congress, and three Presi dential electors, inclosed in an envelope, by the most safe and expeditious conveyance, to the Governor of said Territory, marked "Election Returns." SEC. 6. Upon the receipt of said returns, including those of the soldiers' vote, or within twenty days after the election, if said returns be not sooner received, it shall be the duty of the Board of Canvassers-to conThe Convention took up, on final revision, sist of the Governor, United States District Attorney, and Chief Justice of said Territory, or any two of the Election Ordinance, providing for the elec-them-to canvass the returns, both civil and milition by the people upon the Constitution, and tary, in the presence of all who may wish to be presthe voting of volunteers in the service of the ent, and if a majority of all the votes given upon this Constitution shall be in its favor, the said Governor United States at certain elections. shall immediately publish an abstract of the same The SECRETARY read the preamble, and and make proclamation of the fact, in some newsSections 1 to 6, inclusive, as follows: WHEREAS, The Enabling Act passed by Congress, and approved March 21st, A. D. 1864, requires that the Convention charged with the duty of framing a Constitution for a State Government "shall provide by ordinance for submitting said Constitution to the people of the Territory of Nevada for their ratification or rejection," on a certain day prescribed therein; therefore, this Convention, organized in pursuance of said Enabling Act, do establish the following ORDINANCE. SECTION 1. The Governor of the Territory of Nevada is hereby authorized to issue his proclamation for the submission of this Constitution to the people of said Territory, for their approval or rejection, on the day provided for such submission by Act of Congress, and this Constitution shall be submitted to the qualified electors of said Territory, in the several counties thereof, for their approval or rejection; and further, on the first Tuesday after the first Monday of November, A. D. 1864, there shall be a general election in the several counties of said Territory for the election of State officers, Supreme and District Judges, Members of the Legislature, Representative in Congress, and three Presidential Electors. SEC. 2. All persons qualified by the laws of said Territory to vote for Representatives to the General Assembly on the said twenty-first day of March, including those in the army of the United States, both within and beyond the boundaries of said Territory, and also all persons who may by the aforesaid laws be qualified to vote on the day of, A. D. 1864, including those in the aforesaid army of the United States, within and without the boundaries of said Territory, may vote for the adoption or rejection of said Constitution on the day last above-named. In voting upon this Constitution, each elector shall deposit in the ballot-box a ticket, whereon shall be clearly written or printed "Constitution Yes," or "Constitution No,' or such other words that shall clearly indicate the intention of the elector. SEC. 3. All persons qualified by the laws of said Territory to vote on the Tuesday after the first Monday of November, A. D. 1864, including those in the army of the United States, within and beyond the bounda ries of said Territory, may vote on the day last abovenamed for State officers, Supreme and District Judges, Members of the Legislature, Representative in Congress, and three Presidential Electors to the Electoral College. SEC. 4. The elections provided in this ordinance shall be holden at such places as shall be designated by the Boards of Commissioners of the several counties in said Territory. The Judges and Inspectors of said paper in said Territory, and certify the same to the President of the United States, together with a copy of the Constitution and ordinances. The said Board of Canvassers, after canvassing the votes of the said November elections, shall issue certificates of election to such persons as were elected State officers, Judges of the Supreme and District Courts, Repre sentative in Congress, and three Presidential electors. When the President of the United States shall issue his proclamation declaring this State admitted into the Union on an equal footing with the original States, this Constitution shall thenceforth be ordained and established as the Constitution of the State of Nevada. The PRESIDENT. Are those words, "civil and military," necessary, in Section 6? It provides for canvassing the returns, "both civil and military." Mr. COLLINS. I presume they are not required. I move to strike out the words "both civil and military." The amendment was agreed to by unanimous consent. Mr. DELONG. There is considerable noise on this side of the room, and as I take an interest in this matter, I will ask to have Section 1 read again. The SECRETARY again read Section 1. The PRESIDENT. This section is not complete. It is necessary to insert "on the day provided by Act of Congress," or some words of like import, at the end of the first clause, before the words "and further." That will be a substitute for the date which we have heretofore stricken out. Mr. COLLINS. Read it again, slowly. The SECRETARY again read Section 1. The PRESIDENT. I suggest that we insert the words, " at the time provided by such Act of Congress." Then it will read: "And this Constitution shall be submitted to the qualified electors of said Territory, in the several counties thereof, for their approval or rejection, at the time provided by such Act of Congress.' Mr. COLLINS. I will offer that amendment. The amendment was agreed to by unanimous consent. Wednesday,] PRESIDENT-PROCTOR-CHAPIN-BROSNAN-DELONG. The remaining sections of the Ordinance were read, as follows: SEC. 7. For the purpose of taking the vote of the electors of said Territory who may be in the army of the United States, the Adjutant-General of said Territory shall, on or before the fifth day of August next following, make out a list in alphabetical order, and deliver the same to the Governor, of the names of all the electors, residents of said Territory, who shall be in the army of the United States, stating the number of the regiment, battalion, squadron, or battery to which he belongs, and also the county or township of his residence in said Territory. S3c. 8. The Governor shall classify and arrange the aforesaid returned list, and shall make therefrom separate lists of the electors belonging to each regiment, battalion, squadron, and battery from said Territory in the service of the United States, and shall, on or before the fifteenth day of August following, transmit, by mail or otherwise, to the commanding officer of each regiment, battalion, squadron, and battery, a list of electors belonging thereto, which said list shall specify | the name, residence, and rank of each elector and the company to which he belongs, if to any, and also the county and township to which he belongs, and in which he is entitled to vote. SEC. 9. Between the hours of nine o'clock, A. M., and three o'clock, P. M., on each of the election days hereinbefore named, a ballot-box or suitable receptacle for votes shall be opened under the immediate charge and direction of three of the highest officers in command, for the reception of votes from the electors whose names are upon said list, at each place where a regiment, battalion, squadron, or battery of soldiers from said Territory in the army of the United States may be on that day; at which time and place said electors shall be entitled to vote for all officers for which by reason of their residence in the several counties in said Territory they are authorized to vote, as fully as they would be entitled to vote in the several counties or townships in which they reside, and the votes so given by sach electors, at such time and place, shall be considered, taken, and held to have been given by them in the respective counties and townships in which they are resident. SEC. 10. Each ballot deposited for the adoption or rejection of this Constitution, in the army of the United States, shall have distinctly written or printed thereon, "Constitution - Yes," or "Constitution-No;" or words of a similar import; and further, for the election of State officers, Supreme and District Judges, members of the Legislature, Representative in Congress, and three Presidential Electors, the name and office of the person voted for shall be plainly written or printed on one piece of paper. The name of each elector voting as aforesaid shall be checked upon the said list at the time of voting by one of the said officers having charge of the ballot-box. The said officers having charge of the election shall count the votes, and compare them with the checked list, immediately after the closing of the ballot-box. SEC. 11. All the ballots cast, together with the said voting list checked as aforesaid, shall be immediately sealed up and sent forthwith to the Governor of said Territory, at Carson City, by mail or otherwise, by the commanding officer, who shall also make out and certify duplicate returns of votes given according to the forms hereinafter described, seal up and immediately transmit the same to the said Governor at Carson City, by mail or otherwise, the day following the transmis sion of the ballots and the voting list herein named. The said commanding officer shall also immediately transmit to the several County Clerks in said Territory an abstract of the votes given at the general election in November, for county officers, marked "Election Returns." SEC. 12. The form of returns of votes to be made by the commanding officer to the Governor and County Clerks of said Territory, shall be in substance as follows, viz: Returns of soldiers' votes in the (here insert the regiment, detachment, battalion, squadron, or battery.) (For first election-On the Constitution:) [July 27. A. D. 1864, I, -, hereby certify that on thethe electors belonging to the (here insert the name of the regiment, detachment, battalion, squadron, or battery,) cast the following number of votes for and against the Constitution for the State of Nevada, viz: For Constitution-(number of votes written in full and in figures.) Against Constitution-(number of votes written in full and in figures.) (Second election-For State and other officers:) I, hereby certify that on the first Tuesday after the first Monday in November, A. D. 1864, the electors belonging to the (here insert as above,) cast the following number of votes for the several offices and persons hereinafter named, viz: For Governor-(names of persons voted for, number of votes for each person voted for written in full, and also in figures, against the name of each person.) For Lieutenant-Governor- (name of candidates, number of votes cast for each written out, and in fig. ures, as above.) (Continue as above until the list is completed.) Allest: I. A. B., Commanding officer of the (here insert regiment, detachment, battalion, squadron, or battery, as the case may be.) SEC. 13. The Governor of this Territory is requested to furnish each commanding officer within and be yond the boundaries of said Territory, proper and sufficient blauks for said returns. SEC. 14. The provisions of this ordinance in regard to the soldiers' vote shall apply to future elections under this Constitution, and be in full force until the Legislature shall provide by law for taking the votes of citizens of said Territory in the army of the United States. No further amendment was proposed. The PRESIDENT. Has the gentleman from Nye (Mr. Proctor) any report to make from the Governor, concerning the day of voting on the Constitution? Mr. PROCTOR. Not yet. PUBLICATION OF THE CONSTITUTION. Mr. CHAPIN. While we are waiting for information from the Governor, I desire to offer a resolution which I think is necessary, inasmuch as a committee has been appointed to take charge of the official publication of the Constitution. The resolution was read, as follows: Resolved, That the Committee on Re-enrollment be directed to furnish the Committee on Publication and Distribution, with a certified copy of the Constitution, as soon as the same can be prepared. The question was taken, and the resolution was adopted. ENGROSSMENT OF THE JOURNAL. Mr. BROSNAN. I believe it is customary to provide for the preservation of the Journals of Conventions of this kind, and I therefore offer the following resolution : Resolved, That in the event of the adoption of this Constitution, the Secretary of this Convention be, and he is hereby directed to engross, on Supreme Court paper, the Journals of this Convention, in order that they may be bound, and that for such services, as well as for engrossing copies of the Constitution provided to be transmitted to Washington, he shall receive cents per folio, to be paid in the same manner as the salaries of the attaches of this Convention. Mr. DELONG. I move to insert the word "hide," before "bound." [Laughter.] Wednesday,] NOURSE-COLLINS-BANKS-BROSNAN-PROCTOR-DELONG-HAWLEY, ETC. [July 27. ago. Mr. BANKS. I did not hear the final vote taken; were any corrections made? The PRESIDENT. Yes, sir; in the usual manner; there being no objection. Mr. BANKS. Has any reply been received to the telegrams sent by the Governor relative to the day of the election on the Constitution? The PRESIDENT. I have made inquiry, and learn that at the time of the meeting of the Convention this evening, the Governor had received no reply. Some blanks were necessarily left in the Election Ordinauce, as it was passed on a previous day, and we have provided in Section 1, that the Constitution shall be sub mitted at the time designated by Act of Congress. That is all the Convention can do in re gard to the matter. FINAL ADOPTION OF THE CONSTITUTION. Mr. PROCTOR. Before the reading of the Journal of to-day's proceedings, should we not take a final vote on the adoption of the Constitution as a whole, as now amended? Mr. DELONG. I think the suggestion is a good one. I move the adoption of the entire Constitution, Resolution, and Ordinances, as a whole, and ask for the yeas and nays. EXTRA SERVICE OF SECRETARY. Mr. KINKEAD. There will necessarily be a day or two, perhaps more, after the adjournment, that the Secretary will be occupied in writing up his Journal, and attending to various matters connected with his duties. I will for such time as may be necessary, the same therefore submit a motion that he be allowed, per diem as during the session, to be certified by the President. The PRESIDENT. A certified copy of the Constitution, as enrolled, has to be furnished to the printer. Mr. BROSNAN. Is not the copy we have been using sufficient, as it has to be re-enrolled? Compositors, as is well known, can read almost anything. Mr. KINKEAD. I think so; that copy has to be used for the re-enrollment. motion of the gentleman from Ormsby, (Mr. The PRESIDENT. The question is on the Kinkead.) The Secretary will read it. The SECRETARY read, as follows: Resolved, That the Secretary be allowed the same per diem, for such number of days as he shall be necessarily engaged in writing up the Journals, to be certified to by the President, as is prescribed by the resolution fixing the pay of the attaches. The question was taken, and the resolution was adopted. EXTRA PAY. Mr. BANKS. I move to reconsider the vote by which the Convention increased the comConvention, and I will state my reasons very pensation of certain officers and attaches of the briefly. I might with propriety say a great deal in commendation of the manner in which the duties of their various positions have been performed, but nevertheless I regret exceedingly that in the starting out of our new State Government we should establish so bad a precedent. I know the motion is not altogether parliamentary, perhaps, and it may not be acceptable to many gentlemen who are friends of the officers and attaches, nor to themselves, but for one I cannot consent, if I can help it, to allow this Convention to set so pernicious an The question was taken by yeas and nays, and the vote was-yeas, 19; nays, 2-as fol-example. lows: The question was taken on the motion to reYeas-Messrs. Banks, Belden, Brosnan, Chapin, Col- consider, and on a division the vote was--yeas, lins, Crosman, DeLong, Folsom, Gibson, Hawley, Ken-7; nays, 12. So the Convention refused to renedy, Kinkead, Mason, McClinton, Parker, Proctor, Tagliabue, Wetherill, and Mr. President-19. Nays-Messrs. Crawford and Nourse-2. consider. THANKS TO THE PRESIDENT. [Mr. COLLINS in the chair.] Mr. HAWLEY offered the following preamble and resolutions: WHEREAS, The second Constitutional Convention of Therefore, be it unanimously the Territory of Nevada is now about to adjourn. Resolved, That the thanks of the members of this Convention are hereby tendered to the Hon. J. NEELY JOHNSON, President of the Convention, for the able, impartial, and courteous manner in which he has discharged the duties of his position. Wednesday,] HAWLEY KINKEAD-DELONG-BANKS-CROSMAN-PRESIDENT. Resolved, That the members of this Convention take leave of the President with the kindest memories of their past intercourse, and their warmest wishes for his future prosperity. Mr. HAWLEY. I feel that nothing I can say would add strength or force to those resolutions, which are offered in a spirit of the profoundest sincerity. I earnestly hope and trust that they will meet with the unanimous approval of the gentlemen composing this Convention. By their adoption we shall only be doing justice to ourselves, as well as justice in part, at least-to the distinguished gentleman who has presided so ably over our deliberations. [Applause.] The question was taken. and the preamble and resolutions were unanimously adopted. THANKS TO OFFICERS AND ATTACHES. [The PRESIDENT in the chair.] tion: Resolved, That the members of this Convention hereby return their thanks to the Secretary and other attaches of this Convention, for the faithful discharge of the duties of their several offices. Mr. DELONG. How is that; "the Secretary and other attaches?" That requires some modi [July 27. The question was taken, and the motion was agreed to. Before announcing the result of the vote CLOSING REMARKS OF THE PRESIDENT. The PRESIDENT. Gentlemen of the Convention:-The time has arrived when, having concluded the important labors for which we were convened, we are about to separate, and return to our several homes. Anxiously as we have desired this moment, it nevertheless brings with it feelings of sadness, for we are about to part, probably never, all of us, again to meet together on earth. When I entered upon the duties of your presiding officer, gentlemen. I promised you that I would endeavor to discharge the duties of that trust with impartiality, and I can conscientiously say, that during the sessions of our body I have earnestly sought to discharge those duties. And I feel that I can receive the very flattering resolution of thanks which you have adopted, as at least an earnest and sincere expression of your judgment as to the manner in which I have fulfilled your expectations, and my promise. In discharging the exacting duties of this position, I have labored under much embarrassment. I brought to the position but little of parliamentary knowledge Mr. BANKS. It is a matter perhaps of no or legislative experience, and, having no writgreat consequence; still, if I occupied the po- ten rules for the government of our Convensition of the "others," I would like to be desig-tion, we have been compelled to rely upon the nated a little more plainly. I understand that manual which was adopted as our guide, and the Secretary, and the Assistant Secretary of which was not at all times strictly applicable the Convention, and also the Official Reporter, to the varied questions which necessarily arose are included among the officers of the Conven- in the Convention. Hence I have oftentimes tion, and then the others may be designated as attaches. I would like to get the resolution in proper form, and the attaches are not usually classed with the other officers. I suggest that the resolution be amended so as to specify the Secretary, Assistant Secretary, and Official Reporter, and then the others as attaches. fication. Mr. KINKEAD. I will accept the amendment with great pleasure. Mr. BANKS. After examining the resolution, I will move to amend it so as to read:" the officers and attaches of this Convention," instead" of the Secretary and other attaches;" that will include them all. The resolution will then read as follows: Resolved, That the members of this Convention hereby return their thanks to the officers and attaches of this Convention, for the faithful discharge of the duties of their several offices. Mr. KINKEAD. I accept the amendment. The question was taken, and the resolution, as modified, was adopted unanimously. The journal of this evening's session was read and approved. ADJOURNMENT SINE DIE. Mr. CROSMAN. I move that the Convention adjourn, sine die, inasmuch as our labors are completed. found myself perplexed, and in some instances have unquestionably made rulings which did not receive the approval of your judgment. Be that as it may, I have been at all times actuated solely by a desire to make no rulings but such as would be in conformity with the usages and practice of parliamentary bodies. During our proceedings we have had much to congratulate ourselves upon, and but little, if anything at all, to recur to at this time with regret. We have passed through the few weeks of our deliberations, without the angel of death having entered the portals of the Convention, and with an absence even of any serious illness, such as visited the preceding Convention. For these mercies we should return our grateful thanks to a beneficent Providence. It is to be regretted that we have not had a full attendance of members, owing to circumstances which we could not control, but nevertheless, in much less time than that consumed by members of the former Convention, we have tution to be submitted to the people of this prepared with exceeding great care a ConstiTerritory, for their approval or rejection-a Constitution which, in my opinion, in all its essential features, will commend itself to the favorable judgment of the people. And even should their judgment be adverse at this time to its adoption, we shall have this upon which Wednesday,] PRESIDENT. to congratulate ourselves, that although the result of our labors be not now adopted, it will nevertheless serve as a basis for the action of some future Convention, as the labors of our predecessors have served as the basis of our action. Gentlemen, in bidding you good-bye, allow me to say that you carry with you, each and every one, my cordial sympathies in your future welfare, my sincere wishes for your continued prosperity. And I join with you, gen [July 27. tlemen, in the ardent hope that the labors which have brought us together, and which are now happily ended, may culminate in the advantage of the people of the new State of Nevada, for the government of which we have laid the foundation. Gentlemen, I now declare this Convention adjourned sine die. Accordingly, at five minutes past twelve o'clock, midnight, the Convention adjourned, sine die. |