Gambar halaman
PDF
ePub

Tuesday,]

CHAPIN-COLLINS-PRESIDENT-BROSNAN.

[July 26.

the 11th of the month, and it was with a view to | tions precedent, and one of those conditions is bring that election on the same day as the Ter- that the vote of the people upon the Constiritorial election, thereby avoiding the trouble tution shall be had on a given day. Though and expense of two elections, that I took part in forwarding the petition which was sent from here to the Senate and House of Representatives, signed by many of the prominent citizens of the Territory, asking that such change might be made. The idea was that the change would afford us sufficient time for the election of State officers, and also enable the people of the State to participate in the Presidential election.

Mr. CHAPIN. I am very much surprised that the Governor has not officially ascertained the fact as to the action of Congress.

Mr. COLLINS. I will state that I have had a conversation with Governor Nye on this very subject, and he is of opinion that Congress has made the amendment, although he has no such official information, changing the day of the election to the first Wednesday of September. He is also of the opinion that, even if no such act has been passed, the Government will accept the change on our part, and it will be no obstacle to our admission into the Union. The PRESIDENT. Without intending any disrespect to Governor Nye, or questioning his legal understanding, I must say, nevertheless, I am surpised that he should have advanced such a legal opinion.

Mr. COLLINS.. I regard it more as a common sense opinion than as a legal opinion.

The PRESIDENT. I do not think it is even common sense. Congress prescribes one particular day for the election, and if we provide that the vote shall be taken on a different day the President could have no authority to declare by proclamation that we are admitted into the Union.

[ocr errors]

Mr. COLLINS. The President might not look upon that as a material matter. I have observed, in my experience, that when men want very much to do a thing they always find a way to do it, and if they want to defeat a thing they are generally able to find a way to defeat it. Now I think the President might reason on the subject somewhat in this way: Nevada is a great distance from the capital of the Nation; there has been some misunderstanding, it is true, about the date of the election, but she has completely fulfilled the spirit of the Enabling Act. Although there is a discrepancy in regard to the day of the vote, yet she has fully come up to the spirit of all the requirements of the law. Congress wants her to become a State, I want her, and in the language of one of my predecessors, I will assume the responsibility." I should not marvel at all if the President should reason thus, even though there might be a violation of the strict letter of the legal requirements of the Act of Congress. The PRESIDENT. But it would not depend upon the act of the President of the United States. The legality of the act of admission depends rather upon a fulfillment of the condi

the President might assume the responsibility of passing by the irregularity, still the question would arise whether the President's proclamation would be legal, under such circumstances. The act of admission depending upon the conditions precedent, and they not having been complied with, would the President's proclamation amount to anything?

Mr. COLLINS. What would be the difference, practically, on this side of the continent, or the other either?

The PRESIDENT. It might make a differ ence both on this side and the other.

Mr. COLLINS. If Congress, when it meets on the first of December next, should remedy the matter by legalizing the act of admission, I do not see that it would make any difference, and I have no doubt that Congress would give us that remedy. In that case what would be the effect on this side, of our making a mistake in the date?

The PRESIDENT. My judgment is that it might occasion a conflict between the authorities of the Territorial and State Governments. There is no question but that Congress could legalize the act, and then our admission would be accomplished, but in the meantime we might witness a repetition of the scenes of the Dorr war, in Rhode Island.

Mr. COLLINS. This conflict of opinion about the propriety of voting upon the Constitution upon a day which may perchance be different from that designated by Congress, may embarrass us more than anything else, and I fear it will. I hope, therefore, that the Governor will be requested by the Convention to telegraph immediately to the President of the United States, or some other officer, in order that we may have the necessary information, if possible, before the Convention adjourns.

The PRESIDENT. We might leave it blank until we can procure the needed information, and if we do not receive it in time, we can then simply provide that the Constitution shall be submitted on the day designated in the Act of Congress. It will not be necessary in that case to specify the day, although if we knew the exact date it would certainly be better to name it in the ordinance.

Mr. COLLINS. What objection is there to telegraphing, so as to obtain the information as soon as possible?

The PRESIDENT. None whatever.

Mr. BROSNAN. We shall get along bettter and faster, I think, by doing one thing at a time. I am in favor of the proposition of the gentleman from Humboldt, (Mr. Banks), to strike out the date and leave it blank for the present. Let us do that, and then we can authorize the Committee on Re-enrollment, which has already been provided for, to fill the blank in the original copy with the correct date.

The PRESIDENT. The committee might do

Tuesday,]

FRIZELL-PROCTOR-PRESIDENT-HAWLEY-BANKS-KINKEAD COLLINS.

that, certainly, with quite as much propriety as the clerks of the Legislature of the year 1863 could be authorized to supply the blanks in the Act which was passed calling the first Constitutional Convenion.

Mr. FRIZELL. I have thought until the present time, that this Convention was composed of statesmen and philosophers, but I begin to alter my opinion. It is very singular, certainly, that this most important point is not known to the Convention after it has been in session over three weeks. I am rather astonished that the President has not ascertained the fact before this time.

Mr. PROCTOR. I will move that the President of the Convention be instructed to telegraph to the President of the United States to

obtain this information.

The PRESIDENT. The Governor of the Territory would be more appropriate.

It

MP. PROCTOR. No; I think the President of the Convention is more appropriate. seems to me that it would come with more force from him, for then the President or Secretary of State would see at once the object of the inquiry, and the importance of returning an immediate answer. If it came from the Governor they might possibly not appreciate the importance of it.

The PRESIDENT. I hope the motion will be modified so as to request the Governor to send the despatch. I am sure he will do it cheerfully.

Mr. HAWLEY. I will move to amend the motion so as to request the Governor to telegraph.

Mr. BANKS. Let us do one thing at a time. The question is, as I understand, on my motion to recommit with instructions to strike out the date.

The PRESIDENT. If there is no objection, the gentleman from Storey. (Mr. Collins,) will be requested to act as a committee

Mr. HAWLEY. I have moved to substitute the Governor of Nevada Territory.

[July 26.

think was the amount I named-for educational purposes. I was mislead as to the amount by the memory of my imformant, although I was myself aware of the fact that some proposition of the kind had been made. The fact is, that the petition referred to asked for a tax of only half a mill on the dollar. If the report of our proceedings should ever be printed, I would not like to have such a misstatement contained in my record, and hence I make the correction. The PRESIDENT. The resolution is now prepared; the Secretary will read it. The SECRETARY read, as follows: Resolved, That Mr. Proctor be, and he is hereby appointed a committee of one to wait on his Excellency the Governor, and respectfully ask him to telegraph to the authorities at Washington for information as to the precise day prescribed by the Act of Congress for submitting the Constitution to the people for their ratification.

The resolution was adopted by unanimous consent.

The PRESIDENT. The gentleman from Nye (Mr. Proctor) will please attend to that duty.

ELECTION ORDINANCE-AGAIN.

Mr. COLLINS. Now let us proceed with the reading.

The PRESIDENT. If there is no objection, the amendment proposed by the gentleman from Humboldt (Mr. Banks) will be adopted, without the formality of recommitment.

No objection being made, the amendment was adopted by unanimous consent.

The PRESIDENT. The Secretary will now read the Ordinance, commencing with Sec

tion 1.

The SECRETARY read Sections 1 to 6, inclusive, as follows:

SECTION 1. On the , A. D. 1864, 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 Legisladential electors.

Mr. PROCTOR. I will move that a commit-ture, Representative in Congress, and three Presitee of three be appointed by the Chair to wait: upon the Governor immediately, and request him to telegraph to the President of the United States.

Mr. KINKEAD. A committee of one will be better. If you have a committee of three it will leave us without a quorum, and one will do just as well.

Mr. PROCTOR. I have no objection. The PRESIDENT. Gentlemen will suspend a moment, until the Secretary prepares a resolution.

QUESTION OF PRIVILEGE.

Mr. HAWLEY. I rise to a question of privilege. I know it is rather informal, but I may as well do it now, whilst we are waiting. I stated the other day that a petition had been in circulation in California asking for the levy of a tax of five mills on the dollar-that I

SEC. 2. All persons qualified by the laws of said Territory to vote for Representatives to the General Assembly on the said 21st 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 --, 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 ballotbox 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 boundaries of said Territory, may vote on the day last above named for State officers, Supreme and District in Congress, and three Presidential electors to the Judges, Members of the Legislature, Representative Electoral College.

Tuesday,]

PRESIDENT-COLLINS CHAPIN-BANKS-MCCLINTON-BROSNAN.

the Boards of Commissioners of the several counties

[July 26.

SEC. 4. The elections provided in this ordinance | Mr. McCLINTON. And we have already shall be holden at such places as shall be designated by passed a resolution requesting the President to inform us by telegraph of the issuing of his proclamation.

in said Territory. The Judges and Inspectors of said elections shall be appointed by said Commissioners, and the said elections shall 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 hereinafter provided, given for State officers, Supreme and District Judges, Representative in Congress, and three Presidential 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 consist of the Governor, United States District Attorney, and Chief Justice of said Territory, or any two of them-to canvass the returns, both Civil and Military, in the presence of all who may wish to be present, and if a majority of all the votes given upon this Constitution shall be in its favor, the said Governor shall immediately publish an abstract of the same and make proclamation of the fact, in some newspaper 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, Representative in Congress, and three Presidential electors. Thirty days after 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. What is that thirty days

for?

Mr. COLLINS. It will take about thirty days to bring the official information?

The PRESIDENT. I think it is very plain, from the language of the Act, that we become a State in the Union at once.

Mr. BROSNAN. Yes, sir; we become a State, instanter.

Mr. COLLINS. I have made an alteration which I think will meet the approval of the Convention, striking out the words "thirty days after," and inserting instead the word "when," so that the latter clause will read as follows:

"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 amendment suggested was agreed to by unanimous consent.

The SECRETARY read Sections 7 to 10, inclusive, 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 5th 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 of cavalry, battery of artillery, and the letter of the company to which he belongs, and also the county or township of his residence in said Territory.

SEC. 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

he is entitled to vote.

The PRESIDENT. But the Enabling Act ex-company to which he belongs, if to any, and also the county and township to which he belongs, and in which pressly provides, that upon the issuing of the President's proclamation the State shall be admitted into the Union. It then becomes an accomplished fact, and nothing further is quired, on the part of Congress, or on the of the State.

SEC. 9. Between the hours of nine o'clock, A. M., and three o'clock, P. M., on each of the election days herere-votes shall be opened under the immediate charge and inbefore named, a ballot-box or suitable receptacle for part direction of three of the highest officers in command,

Mr. CHAPIN. And we have provided for telegraphing the information of the issuing of the proclamation.

Mr. BANKS. I wish to inquire how that arrangement has been made?

Mr. CHAPIN. By a resolution which has been passed by the Convention.

Mr. COLLINS So far as telegraphing the information is concerned, we might provide that the Constitution shall take effect when the information reaches us. But the Enabling Act does not say when we shall become a State, nor when our Constitution shall take effect. The language of the Act is:

Whereupon it shall be the duty of the President of the United States to issue his proclamation, declaring the State admitted into the Union on an equal footing with the original States, without any further action whatever on the part of Congress."

for the reception of votes from the electors whose names are upon said list, at each place where a regisaid Territory in the army of the United States may be ment, battalion, squadron, or battery of soldiers from

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 they would be entitled to vote in the several counties said Territory they are authorized to vote, as fully as or townships in which they reside, and the votes so

given by such 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;" and further, for the election of State officers, Supreme, and District Judges, members of the Legislature, Repre sentative 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

Tuesday,] KENNEDY-COLLINS-TAGLIABUE-MCCLINTON-PROCTOR-Crosman-FRIZELL. [July 26.

checked upon the said list at the time of voting by one | following number of votes for the several offices and of the said officers having charge of the ballot-box. persons hereinafter named, viz : 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.

Mr. KENNEDY. I want inserted there, after "Constitution-no," the words or words of a similar import."

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.-(Names of candidates, number of votes cast for each, written out and in figures, as above.)

Continue as above till the list is completed.
Attest,
I. A. B.,

Commanding officer of the (here insert regi

Mr. COLLINS. Suppose we say, "shall have substantially written or printed thereon," in- ment, detachment, battalion, squadron, or battery, as stead of distinctly."

Mr. TAGLIABUE. I do not think it is sufficient.

Mr. McCLINTON. I claim the floor for about three-quarters of a minute. I think that amendment has heretofore been adopted.

Mr. KENNEDY. I simply wish to say that the word "substantially" does not cover my idea. My motion is, to insert after "Constitution-no," the words, "or words of a similar import."

Mr. COLLINS. I have no objection. The amendment proposed by Mr. Kennedy was adopted by unanimous consent.

Mr. PROCTOR. I desire to report to the Convention, Mr. President, that I have called at the Governor's house, and cannot find his Excellency. I understand that he has gone to the warm springs. Neither was his private Secretary in. I suppose the Governor will be back very soon.

The PRESIDENT. If there is no objection, further time will be granted to the committee appointed to wait on the Governor relative to the telegraphic dispatch. The Secretary will proceed with the reading of the Ordinance.

The SECRETARY read Sections 11 and 12, as follows:

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 prescribed, seal up and immediately

transmit the same to the said Governor, at Carson City, by mail or otherwise, the day following the transmission 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.) hereby certify, that on the

I

A. D. 1864, the 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 :

"Constitution-Yes."-(Number of votes written in full and in figures.) Against "Constitution-No."-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

the case may be.)

Mr. COLLINS. That word "for" should be allowed to remain, as in the printed copy, so as to read" for Constitution-Yes," and "against Constitution-No." Just leave the word "for" there as it is now.

By unanimous consent the word "for" was inserted, in accordance with Mr. Collins' suggestion.

The SECRETARY read Sections 13 and 14, as follows:

ed to furnish each commanding officer within and be

SEC. 13. The Governor of this Territory is request

yond the boundaries of said Territory, proper and sufficient blanks for said returns.

SEC. 14. The provisions of this ordinance in regard to the soldiers' votes, 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.

Mr. KENNEDY. As I understood the Sec

retary to read, the Governor is requested to furnish blanks to commanding officers outside of the Territory. He should also furnish them inside the Territory.

Mr. COLLINS. That is the way it reads"within and beyond the boundaries of said Territory."

Mr. CROSMAN. In Section 12, I do not see the necessity of employing those two negatives, and I will move to amend by striking out the words "for" and "against."

Mr. COLLINS. I believe that is the usual way of making the returns-"for" and "against." The PRESIDENT. Would not the same result be obtained by striking out the words yes" and "no." It will then simply read, "for Constitution," and "against Constitution." Mr. CROSMAN. Very well; I will move to make those amendments.

66

66

Mr. FRIZELL. If the returns are made out against the Constitution-no," that would really be the vote for the Constitution. The inquiry would be: "Do you vote against the Constitution?" "No!" [Merriment.]

The PRESIDENT. The Secretary will read the sentence as proposed to be amended. The Secretary read, as follows:

I- hereby certify, that on the

A. D. 1864, the 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.)

Tuesday,]

COLLINS-BANKS PRESIDENT-BROSNAN.

Mr. COLLINS. I will accept those amendments.

The amendments suggested by Mr. Crosman were agreed to by unanimous consent.

DAY OF ELECTION-AGAIN.

Mr. BANKS. I was under the impression that we might possibly get the information relative to the day fixed by Congress for submitting the Constitution to the people before the time of our final adjournment, but if it is certain, as I now understand it to be, that we cannot, I think perhaps we had better provide for the appointment of a committee with authority to fill the blanks whenever the information shall come to hand.

The PRESIDENT. Would it not be well to fill the blanks with words reading thus: "at the time provided by the Act of Congress?

Mr. BANKS, As it is near five o'clock, I move to postpone the time for recess for ten minutes.

The PRESIDENT. If there is no objection, the recess will be postponed for ten minutes.

Mr. COLLINS. I hope those blanks will be allowed to remain until the last thing we do. If we are going through the whole instrument to-morrow, as has been suggested, the Election Ordinance will be the last thing, and possibly we may not be able to get through to

morrow.

[July 26.

Mr. COLLINS. But then it does not appear in the Constitution what is the day of its birth.

The PRESIDENT. There are several things to be done hereafter, before its complete adoption.

Mr. COLLINS. Well, any way to get out of the difficulty.

Mr. BROSNAN. I think we must make some provision within the Constitution for notifying the County Commissioners, in order that they may call the election, because otherwise they have nothing official to guide them. Therefore, when we send out the Constitution, we should at the same time provide for holding an election, upon some specified day, for its adoption or rejection.

The PRESIDENT. Is there not a provision that the Executive shall issue his proclamation, calling the election?

Mr. COLLINS. I do not think there is. Mr. BANKS. It is presumed, of course, that the election will be held under the Governor's proclamation.

The PRESIDENT. Proclamation may be made of the fact, whether we require it or not, and the day provided by the Act of Congress may be designated in the proclamation.

Mr. COLLINS. The language of the Enabling Act is declaratory and positive. It says the Convention shall provide by ordinance for submitting said Constitution to the people on the day named, which will be the first Wednes day in September if the amendatory act has been passed, as is supposed. And Section 1 of the Ordinance must declare that "on the first Wednesday in September this Constitution shall be submitted." etc.

The PRESIDENT. The article has already passed to engrossment. Even if the Governor should now telegraph to Washington, no answer could possibly be received to-night, as the hour is so late now that no dispatch can be delivered, and if it were delivered no reply could be had to-night. I will therefore suggest, that instead of supplying a date, we insert, wherever | The PRESIDENT. Then no provision is reference is made to the time for submitting anywhere made for a proclamation-neither in the Constitution to the people, words to this the Enabling Act nor by the Ordinance. effect: "On the day provided by Act of Congress."

Mr. BANKS. The President will remember that if a dispatch starts from here at this time it will arrive in Washington two or three hours earlier.

Mr. COLLINS. No, sir. Who would be the proper officer to issue the proclamation, the Governor of the Territory, or the President of the Convention?

The PRESIDENT. I think it should be the Governor of the Territory.

Mr. COLLINS. I will prepare an amend

The PRESIDENT. But the gentleman from Nye (Mr. Proctor) has not yet been able to con-ment in a moment. fer with the Governor.

Mr. BANKS. I move that the time for the

o'clock.

The SECRETARY. By leave of the Con-recess be further extended, till half-past five vention, I will state that here is a dispatch, in the Gold Hill News of this evening, dated Salt Lake, which says the overland wires are down east of Fort Laramie.

Mr. COLLINS. Could we not empower the Committee on Re-enrollment to fill the blank. The PRESIDENT. It appears to me that such authorization would be rather unusual. Mr. COLLINS. We are in an unusual situation.

The PRESIDENT. I think we can avoid the difficulty by inserting on the day provided by Act of Congress." I would like to hear the opinion of the Chairman of the Judiciary Committee (Mr. Brosnan) upon the subject.

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

Mr. COLLINS. Now I move to amend Section 1, so as to read as follows:

"SECTION 1. The Governor of the Territory of Ne vada 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 the Act of Congress, approved March 21st, 1864, and this Consti tution shall be submitted," etc.

The rest of the section being as printed.

The PRESIDENT. No, no! You do not want to give the date of the Act of Congress; there has been an amendment made to that Act.

« SebelumnyaLanjutkan »