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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.

Mr. FITCH. If any gentleman here thinks

The question was taken on the adoption of the printer will do it and take the rough the substitute, and it was adopted. 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 proposed by the gentleman from Washoe, (Mr. BelMr. STURTEVANT. I wish to give notice den,) 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-ayes, 19; noes, 9.

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

ed.

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.

Mr. CHAPIN. I hope that this resolution to print will not be adopted, and for this reason: Those rules were prepared for another and different body entirely, and they are not it 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

Mr. STURTEVANT. It seems to me that-adopt the rules prescribed in Jefferson's Manthat 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.

Mr. DELONG. What is the regular order of business?

The PRESIDENT. Motions and resolutions. Mr. HAWLEY. I learn from the Sergeantat-Arms that he has been unable to find copies of the rules we have adopted, and they are entirely lost. I therefore renew my resolution 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.

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

ual, 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 this body. The rules laid down in Jefferson's Manual have become the common law in parliamentary matters. They are understood by all those who are accustomed to the deliberations of bodies of this character. And, then, with a few books, we can get along much better 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.

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

adopted.

[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 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 Conven

tion.

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.

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 Mr. CHAPIN. I will withdraw the resolu- Manual, it is in order to offer the same resolution for that purpose. tion 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. 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.

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

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BANKS STURTEVANT-FITCH-DELONG-PRESIDENT-NOURSE.

there considered, and reported back again for the action of the Convention. It strikes me, that the only question now is, on the third reading and passage of the Preamble as reported back from the Committee of the Whole, and then we can order it to an engrossment.

[July 6.

The PRESIDENT. The question will be on the third reading of the Preamble. The Secretary will read it.

The SECRETARY read as follows:-

tion.

PREAMBLE.

We, the people of the State of Nevada, grateful to Mr. BANKS. We have been guilty of an Almighty God for our freedom, in order to secure its error in this matter, and now we wish to reme- blessings, insure domestic tranquility, and form a dy it, so as to give the Preamble its three read-more perfect Government, do establish this Constituings, and pass upon it three times, in regular course of business. The first reading is always for information, according to the rules, and no motion is then in order except, "shall the bill or resolution be rejected?" We should have read it yesterday, for information, but we indulged in the informality of referring it at

once. Now we have read it once, and acted

upon it in Committee, but we have not read it a second time. The proposition now is, to take it up, and read it a second time; and if we do that, we have complied with all the require ments of parliamentary law. It is not necessary that we should be guilty of any informality to-day because we were yesterday, and I hope we shall not discuss our errors of yesterday, to the detriment of our progress.

Mr. STURTEVANT. This motion looks to me like splitting hairs. If we desire to read the Preamble three times, we can do so; but it makes no difference whether we do or not, because it all has to go before the people of the country, and we can make nothing out of it, except by the vote of the people.

Mr. DELONG. Under our own rules, we shall have to refer it to the Committee of the Whole again, and I really think we may as well pass it now.

Mr. FITCH. I think we might do anything, rather than prolong this discussion. I am willing to read it three times now, or do anything else. Mr. CHAPIN. Let us act upon it, and go to work.

The PRESIDENT. I think the gentleman from Storey is correct that we will have to go over the same ground, if we take this up again; and the difficulty arises, possibly, from the exercise of undue haste in attempting to get through our business in a few days. I think if we adopt rules, we should try to conform to them, and if we want our rules simplified, we should devise such rules as will be calculated to meet our purposes. It is naturally supposed that the requisite time will be taken to comply with all the rules. The proposition now will be, as the Chair understands it, to place the Preamble upon its third reading.

Mr. FITCH. Is it desired to read the Preamble and Declaration of Rights all together? Mr. DELONG. I understand it comes up as the report of a committee, and the question should be on adopting the report.

Mr. FITCH. I move that the Preamble be placed on its third reading.

The PRESIDENT. Does the gentleman from Storey, (Mr. DeLong.) raise any point of order? Mr. DELONG. No sir.

that that should be the last thing we do. We Mr. NOURSE. It strikes me, Mr. President, do not want to establish this Constitution until and are going to establish. we know what Constitution we have adopted,

If we go

Mr. STURTEVANT. It appears to me it would be better to finish the thing up as we go along. Then the last day's work we do we on and do not have the engrossing done till we have it all done, and done with it. have the whole finished, we shall have to adjourn over several days, and then meet for the purpose of adopting the whole Constitution. But if we finish the work as we go along by sections, then the moment we get through with the last of them, our work is all completed, and we can adopt it as a whole, and go home about our business.

The question was taken on ordering the Preamble to a third reading, and it was agreed to.

MODE OF PROCEDURE.

Mr. BANKS. In order to get information, so as to understand just what we are about, and where we are, I wish to ask the Chair a few questions as to what is the understanding of the Convention, and what the decision of the Chair will be, in reference to our mode of procedure. It occurs to me that it would not be improper to regard the adoption of this basis as the first reading of a bill, and to consider ourselves as a deliberative body about to proceed to the second reading of a bill. If we pursue that course, I think our way is plain. We can refer the instrument, or any parts of it, to the Committee of the Whole, and then, when they report it back, we have the question, shall the report be adopted? and if adopted, then comes, in the ordinary legislative course, the third reading of the bill.

The PRESIDENT. The Chair is not prepared to say that passing a resolution making this Constitution the basis of our action is equivalent to giving the whole instrument its first reading. The Chair considers that we have adopted it as our basis, but not that the whole instrument has received its first reading. It is competent for the Convention to take action now, or at any time, to give the Constitution its first reading, or consider it read a first time.

Mr. BANKS. It strikes me that that ruling is eminently proper; but as a matter of convenience, and I think it will meet the wishes of the Convention, I suggest that it would be proper to consider the whole Constitution as having been read a first time. I move, there

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BANKS-PRESIDENT-DELONG-WARWICK-FITCH.

[July 6.

fore, that this entire document be read a first or some subsequent day. Now, I move to sustime by title this Constitution of the State of Nevada, as we have it here printed. The question was taken, and the motion was agreed to.

The SECRETARY read the title-"CONSTITUTION OF THE STATE OF NEVADA."

I

Mr. BANKS. Now there is another point upon which I desire informatiom myself. wish to know whether we are to proceed with this matter as a whole bill divided into sections, or to regard each section or article as one bill.

The PRESIDENT. As the whole matter has been read once, the entire Constitution is be before the Convention for its action, except the Preamble, which has already been adopted, and passed to a third reading; and the Chair will, upon each successive occasion. when going into Committee of the Whole upon any particular part of the Constitution, hold that only so much of it as is referred to the Committee, from time to time, is under consideration. The Chair may not be correct in this view, considering that we have already passed the whole instrument to the first reading; but perhaps it will relieve the matter of some difficulty if we understand that each article is to be considered separately and distinctly.

Mr. BANKS. With the explanation of the Chair, and with the decision, as I understand it, I am content.

Mr. DELONG. I think a little time wasted in considering this matter will be a saving of time in the end.

The PRESIDENT. The Chair will be happy to hear any suggestions from the gentleman' experience.

DECLARATION OF RIGHTS.

pend the rules so as to read the first article of the Constitution by title, the second time, and refer it to the Committee of the Whole, to day. The question was taken, and the motion was agreed to.

The SECRETARY read Article I, entitled Declaration of Rights, by title, and it was referred to the Committee of the Whole. MEMBER QUALIFIED.

J. H. WARWICK, of Lander County, having arrived, took and subscribed the oath of office, administered by Judge Wright, and took his seat as a member of the Convention.

DECLARATION OF RIGHTS, AGAIN.

Mr. DELONG. I now move that the Convention consider itself in Committee of the Whole-the President remaining in the Chairfor the consideration of Article I, entitled, Declaration of Rights.

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

COMMITTEE OF THE WHOLE.

The Convention accordingly resolved itself into Committee of the Whole, (the President remaining in the Chair,) for the consideration of Article I of the Constitution, entitled Decla ration of Rights.

The SECRETARY read Section 1, as follows:

SECTION 1.

All men are by nature free and equal, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pur

suing and obtaining safety and happiness.

No amendment being offered to this section, it was agreed to.

PARAMOUNT ALLEGIANCE.

Section 2 was read, as follows:-

SEC. 2. All political power is inherent in the people. any one sit-Government is instituted for the protection, security, and benefit of the people; and they have the right to alter or reform the same whenever the public good citizen is due to the Federal Government; and no powmay require it. But the paramount allegiance of every er exists in the people of this or any other State of the Federal Union to dissolve their connection therewith, or perform any act tending to impair, subvert or resist the supreme authority of the Government of the Unifers full power on the Federal Government to maintain and perpetuate its existence, and whensoever any portion of the States, or people thereof, attempt to secede from the Federal Union, or forcibly resist the execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its authority.

Mr. DELONG. This Constitution is divided into articles, and it is impossible that in any one day, or one half of a day ting-we should dispose of it in Committee. And we have, in addition, to report it back Now why not treat it as if composed of separate bills? For instance, to-day we call up the first article, and refer it to the Committee of the Whole; then the Convention goes into Committee of the Whole to consider the first article. If they get through with it, or if they wish for further time, they report back to the Convention accordingly, and then they go into Committee of the Whole on the second article. in the same way, and we progress with our work in an orderly manner. For instance, if we agree in the Convention on the first article, as reported from the Committee of the Whole, and pass it through its several stages, there is no further amendment, but it is like a bill that has passed and become a law. We have now read that article for the first time to-day. The first reading is for information, but you can read it a second time on the same day, and refer it to the Committee of the Whole; but it is required to be read the third time on the next,

ted States. The Constitution of the United States con

Mr. BANKS. I propose the following amendment: after the words "Federal Government," where they first occur, insert the words, "in the exercise of all its Constitutional powers." Mr. FITCH. I offer an amendment to the amendment, to add after the amendment proposed by the gentleman from Humboldt, the words, "as the same have been or may be defined by the Federal Judiciary." Also, to strike out the last clause of the section commencing:

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[July 6.

"The Constitution of the United States confers forcibly resist the execution of its laws, the Federal full power," &c.

Government may, by warrant of the Constitution, employ armed force in compelling obedience to its au

thority.

Mr. BANKS. I understand, from a cursory examination of this amendment, that all the change proposed to be made by the gentleman, I understand, then, that we are just in this is the insertion of those words: "as interpret-position: We recognize the Constitution of the ed by the Federal Courts;" or substantially United States as paramount; we yield obedi

that.

Mr. FITCH. Yes, sir.

Mr. BANKS. Presuming that that was implied in the language of my amendment, I did not insert it; but I most cheerfully accept the amendment.

ence to that, as interpreted by the Supreme Court; and further, we disclaim all claim or pretension to any right or authority in the cases enumerated in the latter part of the section.

Mr. PROCTOR. I desire to offer an amendment to these various amendments: to strike out all the latter part of the section.

The CHAIRMAN (interrupting.) There is already an amendment to an amendment.

Mr. NOURSE. I move to amend that amendment, by striking out all after the words, "due to the Federal Government." It seems to me that we would then say, and say well, all that Mr. DELONG. The amendment to the amendneed be said by us, and anything more than ment was offered by my colleague, (Mr. Fitch), that would be merely a gloss upon the Federal and it was accepted by the gentleman from Constitution -a construction of ours, which Humboldt, (Mr. Banks). Being now, therefore, would not affect the interpretation of that in- a part of the original amendment, an amendstrument in any manner whatsoever. When we ment to that, I think, would be in order. say that paramount allegiance is due to the Federal Government, of course we mean, in its Constitutional powers only. Not to the men who happen to be at the head of the Government, but to the Government itself, is our allegiance due; an allegiance paramount to that which is due to the State Government. I think it would be the worst of errors to undertake to venture further than that, and to attempt to define the respective spheres of the State and National Governments, and I therefore have of fered this amendment, to strike out all that concluding portion.

Mr. BANKS. I just wish to state, very briefly, what I understand to be the philosophy of this section, as amended by the gentleman from Storey, (Mr. Fitch,) which amendment was accepted by myself. Now, the gentleman who has just addressed the Chair and myself very materially differ as to the theory upon which this Government was framed. I understand it to be, as we propose to express it by this section, simply this, that in the first place, as we say, our paramount allegiance under the Constitution, as interpreted by the Supreme Court of the United States, is due to the Government of the United States. But, as a State, we also, in our Constitution, say, that whatever questions may be raised, we waive all claims to the following_enumerated rights. However the Supreme Court may decide; however much they may be disposed to accede; we, as the State of Nevada, waive all our claims to any rights em braced in the following enumerated cases. No power, we say, exists in the people of this or any other State of the Federal Union to perform any act tending to impair, subvert, or resist the authority of the Government. Even if the Courts give that power, we disclaim it. Again. we say that the Constitution of the United States confers full power on the Government to maintain its existence :

And whensoever any portion of the States, or people thereof, attempt to secede from the Federal Union, or

Mr. NOURSE. I think the gentleman is mistaken. The amendment of the gentleman from Storey being accepted, I moved to amend the amendment by striking out all after the words "due to the Federal Government."

Mr. PROCTOR. I offer my amendment as a substitute. I move to strike out all after "may require it," at the end of the second sentence, so as to leave the section reading as follows:

SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people; and they have the right to alter or reform the same whenever the public good may require it.

Mr. BROSNAN. I rise to a point of order. I apprehend that that is not a substitute for the amendments. It proposes to strike out those portions to which amendments are pending, and those amendments must first be acted upon.

Mr. FITCH. I trust, Mr. Chairman, that we shall not forget, while we are desirous of expressing our individual and collective patriotism, that we have, at the same time, a duty to perform requiring calmness and deliberate consideration. I trust that we shall not cease to remember, while we are expressing our patriotic sentiments and feelings, that we are at the same time called upon to protect our own local rights.

The PRESIDENT, (interrupting.) If the gentleman will yield for one moment-there was a point of order raised by the gentleman from Storey, (Mr. Brosnan.)

Mr. FITCH. I thought that had already been decided.

The PRESIDENT. The Chair will rule that the point of order is not well taken. The gentleman from Nye, (Mr. Proctor), offers his amendment as a substitute, and it can be considered as such.

Mr. FITCH. I understand that the substi tute offered by the gentleman from Nye is now before the committee. Now, Mr. Chairman, I should equally oppose what I should regard as

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