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Mr. FITCH. I think my colleague is mistaken; I think the question was never decided by the Supreme Court of California.

"Mr. EARL. I hope we shall come to a vote, and let this discussion be ended.

Mr. WARWICK. Is it in order to offer an amendment at this time?

The CHAIRMAN. No, sir; there is an amendment now pending.

Mr. WARWICK. Will it be in order as a substitute.

The CHAIRMAN. No, sir; we have ruled them all out

Mr. WARWICK. Will it be in order after the amendment is disposed of?

The CHAIRMAN. Certainly, if it is of a proper character.

The SECRETARY read the amendment proposed by Mr. Collins, to insert the word "actually " before the word " resided."

Mr. EARL. I hope that amendment will be voted down, as I do not think it strengthens the language.

The question was taken on the amendment, and on a division it was agreed to—ayes, 18; noes not counted.

The question recurred on the amendment offered bv Mr. Banks.

Mr. WARWICK. I desire to offer a further amendment I move to amend by inserting after the words "next preceding any election," the following:—

"Who shall have paid his State and Federal poll tax, and whose name shall have been registered in the district in which he is residing, by some person appointed by the County Commissioners, at least ten days previous to the election."

Now, sir, there are various reasons why this amendment should be adopted. In the first place, it would secure to the State its proper revenue; and, far above that, sir, it would assure the purity of the ballotrbox. There iB. probably, no law that can possibly be enacted that would do more to secure the rights of the people of the new State, which I hope is about to be born, than this amendment which I here propose, and which involves the adoption of a registry law. It is well known to those who have bad experience in the State of California, that from the fraudulent manner in which elections have been conducted there, men have been inducted into office, in the election of whom the people—that is, a majority of the respectable portion of the people — have had scarcely any voice whatever. It has been the desire of all good men there, who have reflected on the subject, to secure in some manner the purity of that palladium of our liberties, the ballot-box, beyond all peradventure, if such a thing is possible to be done. We have looked on every side for some ark of security, and the only thing which I can think of for effecting that purpose is the amendment which I have suggested, namely, the registration of voters, at least ten days before the election, in the districts in which they reside.

Mr. BROSNAN. The gentleman will find the same thing provided for in Sec. 9 of this article.

Mr. WARWICK. I had not had an opportunity to examine this article; but. as I see it is provided for, I withdraw the amendment; and, as my friend here on my left. (Mr. DeLong,) suggests, I quietly subside. [Laughter.]

The question was taken on the amendment proposed by Mr. Banks, and it was not agreed to.

Mr. NOURSE. I wish to make one motion here, which I suppose will be voted down, but I will not occupy much time with it I move to simply strike out the word "white." in the first line. I think it is pandering to an old and disgraceful prejudice—and none the less disgraceful. I will say. because I myself have partaken of it—against that race which is certainly doing grand work for the Union now. I suppose that here this is not in reality a practical question, and while I would not be in favor of the proposition in a population where there would be a great many of those ignorant people to turn loose at the polls, still I think here it is a mere theoretical matter. I offer the amendment, therefore, although I presume it will be voted down, simply because I think it my duty to do so.

The amendment was not seconded.

No further amendments being offered, the section was adopted.

Mr. Delong. As the time fixed for adjournment has nearly arrived. I move that the Committee rise, report progress, and ask leave to sit again.

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


The SECRETARY reported that the Committee of the Whole had had under consideration the subject referred to them, had made some progress therein, and had instructed him to ask leave so Bit again.

The report was received, and leave was granted accordinglv.

Mr. FITCH. I move that when the Convention adjourn, it adjourn to meet at seven o'clock this evening.

Mr. Delong. We cannot do it; we have a standing rule to the contrary.

Mr. FITCH. Oh, we rescinded all our rules, and adopted Jefferson's Manual only.

Mr. Delong. We only rescinded the rules of the Legislature, but the resolution fixing the hours of session was not rescinded, and that resolution, when adopted, became a standing rule of the House.

Mr. FITCH. Very well. Mr. President, I hereby give notice that to morrow I will move to reconsider or rescind that resolution, so as to meet hereafter in the evening.

Mr. HAWLEY. I am informed that there is a young man in the house here, Master Ashim, who is studying phonography, and wishes to avail himself of facilities for practising the art here.

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The PRESIDENT. I would suggest that there is another already here, Master Lewis.

Mr. FITCH. I do not suppose that any motion is necessary in regard to them; they can undoubtedly come in, and sit at the reporters' table with the others.

On motion of Mr. Delong, at five o'clock, P. M., the Convention adjourned.


Carson. July 7, 1864.

The Convention met at nine o'clock, and was called to order by the President.

The roll was called, and twenty-nine members responded to their names; those who failed to respond being Messrs. Ball, Earl. Haines, Jones, McClinton, Morse. Parker, Sturtevant, Wellington, and Williams.

Prayer was offered by the Rev. Mr Nims.

The journal of yesterday was read and approved. ■


Mr. DUNNE offered the following resolution, which was read and adopted :—

Resolved, That no member of tin* Convention be allowed to speak more than twice upon any question pending, without a two-thirds leave of the Convention, if objection be made, and not longer than fifteen minutes at any one time, without a like consent of the Convention.


Mr. TOZER. I move that a committee of three be appointed on engrossment, whose duty it shall be to see that these articles which are adopted, from time to time, in Committee of the Whole, be properly engrossed for the consideration of the Convention. If I understand the ruling of the President correctly, this business now goes on the general file, and if it is allowed to pass over for several days without further action, the minds of members of the Convention are likely to become somewhat oblivious as to the condition of the several articles as they are passed. They should, therefore, be engrossed from day to day, or from time to time, to see that they are correct, and to prevent any confusion which might otherwise urise towards the close of the session, or, when, at a subsequent time, we take these matters again into consideration.

Mr. BANKS. I have no objection to the appointment of such a committee at this time, but does the gentleman contemplate the engrossing of these articles before they are ordered engrossed by the Convention I They are still open to amendment, until the question is taken on ordering them to be engrossed for a third reading.

The PRESIDENT. I presume they will all be ordered engrossed, but the Convention may, from time to time, consider an article as having been engrossed.

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

The PRESIDENT subsequently appointed such Committee on Engrossment, Messrs. T< Frizell, and Crosman.


Mr. FITCH. In accordance with notice given yesterday, I move that the vote be reconsidered by which the Convention adopted the rule in respect to the hours of meeting and adjournment, with a view to offering an amendment, as follows:—

Resolved, That hereafter, the Convention meet daily at nine, A. M. and adjourn at twelve, II. ; that it meet again at one, P. M., and adjourn at five, P. M.; thatit meet again at seven, P. M., and adjourn at such time thereafter as a majority of tho members may determine.

Mr. Delong raised a question of order, that the motion could not be entertained, because notice had not been given in writing, specifying the particular amendment to be made in the rules.

The PRESIDENT, after discussion, and frequent reference to Jefferson's Manual, sustained the point of order, but held that it would be in order to move to rescind the resolution referred to by Mr. Fitch.

Mr. FITCH moved to rescind the resolution.

Mr. Delong raised another question of order on this motion, and the subject was further discussed at considerable length.

Mr. BROSNAN moved to lay the whole matter on the table.

The question was taken on the latter motion, and upon a division, it was agreed to—ayes, 14; noes, 13.


Mr. BROSNAN. I wish to make a motion for the appointment of a committee. I make it thus early, in order that, if the motion prevail, the committee it proposes to raise can be prepared to report as soon as the Convention shall reach, in its regular course, Article VI of this Constitution, entitled "Judicial Department." That article, in my judgment, will have to be materially changed, and perhaps it will be necessary to make copies of such report as the committee may agree upon, and have them ready for distribution among the members of the Convention. I therefore move that a committee of five be appointed by the President to report an article, or amendments to the article on the Judicial Department, and that the Committee be instructed to make their report by the time the Convention shall reach the consideration of that article in the regular course of

Mr. BANKS. I hope the gentleman from Storey will so frame his resolution as to require the committee to report as soon as possible. If they can report before we reach that article, it will be an advantage to the Convention. For one. I should like the privilege of examining the report before it is to be acted upon.

Mr. BROSNAN. I have no objection to accepting any amendment to that efiedt

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Mr. BANKS. I move to amend the motion so as to instruct the committeee to report " on or before " the time when Article VI shall be reached.

Mr. BROSNAN. Very well; I will accept that amendment, and in order that as many of the members of the bar here as practicable may have an opportunity to aid in preparing the report, and examining it before it reaches the Convention, I will further modify the motion so that the committee shall consist of saven members.

Mr. NOURSE If the gentleman gets too many on the committee. I fear they will not be able to make rapid work.

The question was taken on Mr. Brosnan's motion as modified, and it was agreed to.

The PRESIDENT subsequently appointed as such Committee on the Judicial Department. Messrs. Brosnan, Nourse, DeLong, Collins, Dunne, Fitch, and Kennedy.


Mr. Delong. I move the appointment of a committee of five on enrollment Of course, after we shall have passed the various articles, everything will have to be enrolled properly.

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

The PRESIDENT subsequently appointed as such Committee on Enrollment, Messrs. Hawley, Gibson, Hovey, Mason, and Lockwood.


Mr. WARWICK. I offer the following resolution :—

•' Resolved, That the Standing Rules of the House of Representatives of the United 8tates, as reported in Jefferson's Manual, be adopted for the government of this Convention."

Mr. FITCH. I move to lay the resolution on the table.

The question was taken on the motion to lay on the table, and. upon a division, it was agreed to—ayes. 13; noes, 7.

Mr." NOURSE. I propose the following resolution :—

"Baolved, That the term 'Jefferson's Manual,' shall be deemed to include the Rules of the House, of Representatives of the United States, included within the book published under that title, no less than that portion of said book compiled from English Parliamentary practice."

This U a mere question of interpretation. There is a difficulty as to what shall be deemed and taken to be Jefferson's Manual, so far as our resolntion adopting it refers to it, and 1 offer this resolution for the purpose of clearing away all doubt on the matter, that we may avoid these long discussions.

Mr. DUNNE raised a question of order on the resolution, that a proposition to the same effect bad once been voted down to-day, and could not be renewed on the same day. Mr. CROSMAN. I move that the matter go i the table, with the balance of the propoi on the same subject

The question was taken on the motion to lay on the table, and, upon a division, it was agreed to—ayes, 17 ; noes, 7.


Mr. CHAPIN. It occurs to me that there is another matter requiring some little labor, upon which a committee might very well be appointed. I therefore move that a committee olseven be appointed on a State Seal and Coat of Arms, in order that we may have that subject in readiness when we get to it.

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

Subsequently the President appointed as such Committee on State Seal, etc., Messrs. Chapin, Warwick, Tagliabue, Earl, Wetherill, Folsom, and Hudson.


Mr. KENNEDY. I give notice, that, on tomorrow, I will move that the Convention hold evening sessions hereafter, commencing at seven o'clock.

Mr. Delong. I move that that be laid on the table, too. [Laughter.]

Mr. BANKS. I move that when this House adjourn, it adjourn to meet at seven o'clock, this evening.

Mr. Delong. Now that is really out of all order. [Laughter.]

Mr. NOURSE. 1 understand that that would dispense with the afternoon session.

Mr. BANKS. Not at all; we take only a recess at noon, and do not adjourn till five o'clock, under our rule.

Mr. Delong. I rise to a question of order. The gentleman is amending a Standing Rule by a simple motion. There is no parliamentary authority for that.

The PRESIDENT, after some discussion, overruled the point of order.

Mr. NOURSE moved to lay the motion of Mr. Banks on the table.

The question was taken on the latter motion, and, upon a division, it was not agreed to—ayes, 11-. noes, 15.

The question recurred on the motion of Mr. Banks.

Mr. NOURSE. I would ask whether a certificate from this body to those gentlemen who are making these motions, testifying to their extraordinary diligence, and that they are extremely anxious to get through in a short time, would not answer every purpose.

Mr. BANKS. I wish to say a word in reply to the insinuation of the gentleman from Washoe. Now, sir. I have been opposed to all the motions made here for the purpose of cutting off debate, and 1 never in my life voted for the previous question. I do not wish to curtail the time allowed to any gentleman in speaking upon any proposition before us; let every gentleman have a reasonable opportunity to present his views. But I am anxious that we may get

get home to our legitiend I am willing to work night and day. I do not see any reason why we should stand around the streets here, or spend our time in comparing views on general topics, as most of us perhaps will, unless we meet in the evening. I think we ought to attend to our duty during all the time we can possibly have, and by that means we can secure more thorough discussion, and, in consequence, a better Constitution.

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Mr. COLLINS. The gentleman from Humboldt has discovered the thought, in my own mind, and well expressed it. It occurs to me as being reasonable and proper that we should hold evening sessions. As a general thing large deliberative bodies are divided up into committees, and the consequence is, that the evenings must be devoted to the meetings of those committees; but here we have no committees, save two or three, which were appointed this morning: and the report of one of those committees is, I believe, already drafted. It becomes, therefore, a binding obligation upon us to hold evening sessions, and 1 hope the motion will prevail.

Mr. TOZER. The action of the Convention, on the first day — or rather, the second day, the first being Independence Day — has done away with most of the labor which usually and necessarily devolves upon a Convention of this kind, — I mean, the long and laborious work of framing and preparing a Constitution, every part of which shall be suited to all the other parts. That labor has been almost wholly done away with, by the action of the Convention in adopting the Constitution which was prepared, after great labor and long deliberation, by the former Convention. Nevertheless, the tedium, or the labor of going through with the work of this former Convention, section by section, carefully looking over and criticising each provision, necessarily devolves upon us, and that labor will, of course, take tome time; but it can just as well be performed by lengthening out our sessions into the evenings, as not. For one, I am anxious to finish our labors, and get away as soon as possible, and therefore I hope the motion will prevail, and that we shall sit an hour or two, if not a longer time, every evening.

Mr. FITCH. I move the previous question.

Mr. CROSMAN. I wish to ask a question, for information as to the operation of this motion. It is. that when we adjourn, we adjourn to meet in the evening—I wish to know whether that will cut off the afternoon session.

Mr. BANKS. No, sir.

Mr. LOCKWOOD. I am opposed to evening sessions generally, but I observe a little notice in a Virginia paper here, which says that the Storey delegation are endeavoring to expedite mutters, and rather intimating that the Ormsby delegation are opposing them in that laudable purpose. For that reason, I shall vote for the motion.

The FRESIDENT. This discussion is all out of order, the previous question having been moved and seconded.

Mr. Delong raised a question of order, that the demand for the previous question had not been seconded.

The PRESIDENT, after some discussion, overruled the point of order.

The question was taken —"Shall the main question be now put?" — and. on a division, the vote was—ayes, 10; noes, 13.

So the demand for the previous question was not sustained.

Mr. Delong raised a question of order, that the motion of Mr. Banks — that when the Convention adjourn, it adjourn till seven o'clock, in the evening — could not be entertained, as such a motion could only be made for an adjournment to a particular day.

The PRESIDENT overruled the point of order, holding that though it might involve a change of the rules, there was nothing to prevent the motion from being made at any time.

Mr. NOURSE appealed from the decision of the Chair.

The point of order was discussed by Messrs. Nourse, Fitch, Collins, Warwick, and DeLong.

The question was taken.—" Shall the decision of the Chair stand as the judgment of the Convention? "—and the vote being in the affirmative, the decision of the Chair was sustained.

Mr. EARL. It seems to me that this lengthy discussion has all been upon a mere quibble. If we want to change the rule, we can do it, as the President has decided, by a majority vote; and why not offer a simple resolution to have night sessions, vote upon it, and then go to work.

Mr. BANKS. I have no objection at all to the change proposed, but it occurs to me that there is some misapprehension in regard to the force of the rule concerning adjournments. It is necessary to have a previous resolution to fix the time of meeting after the adjournment, because, otherwise, when the hour for adjournment arrives, we should stand adjourned till the next day. If the gentleman from Storey desires to substitute the word " recess," for " adjourn," I have no objection.

Mr. CRAWFORD. We have consumed a great deal of time on this question without arriving at any definite result, and now, for the purpose of settling the matter, I propose this as a substitute for the motion of the gentleman from Humboldt:—

Rr.solved. That when the hour of five o'clock arrives, this Convention will take a receBs until seven o'clock this evening.

Mr. Delong. It strikes me that that would be a broad-faced farce. afU>r the decision of the Chair, which has just been sustained.

The PRESIDENT. The Chair will rule the substitute out of order.

Mr. NOURSE. I move to amend the motion of the gentleman from Humboldt, by adding the words. "and continue in session, day and night, without ceasing, until a Constitution shall be produced." [Laughter.]

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The PRESIDENT. The Chair rules that out of order.

Mr. NOURSE. I appeal from the decision I of the Chair, for the purpose of stating the reason why I offered it, because I know it may look like a burlesque.

The PRESIDENT. The gentleman can only state the grounds of his appeal.

Mr. NOURSE. My grounds are, that an amendment to a resolution is always in order, if it is respectful in its character, and refers to reason, and is reasonable. [Merriment.] Now I wish to state that I offered the amendment seriously. Why I oppose night sessions, and why I took part in the fillibustering which has been going on here, was not that I wished to exhaust the time, but I, for one, would be physically unable to endure night sessions. It is very exhausting labor in which we are engaged. It calls for the exercise of all the higher mental faculties. And 1 find myself, after seven hours of I such mental and physical exertion, completely! exhausted. That is the reason, and no other, why I oppose the resolution; not because I am not willing to work as hard as anybody, within reasonable bounds, but because 1 find that time is not gained, but rather is lost, by attempting to do too much, and working too many hours. Now having stated my reasons, I withdraw the appeal and mv amendment also.

Mr. WARWICK. I move that the subject be indefinitely postponed.

The question was taken, and, upon a division, the motion was not agreed to—ayes, 11; noes, 15.

Mr. Delong. I move that the resolution of the gentleman from Humboldt (Mr. Banks) be made the special order for to-morTow.

Mr. TOZER. I move that that motion be indefinitely postponed.

Mr. WARWICK. I move that it be laid on the table.

Mr. FITCH. That would carry the whole subject to the table.

Mr. WARWICK. I call the gentleman to order; the motion to lay on the table is not debatable.

The question was taken on the motion to lay on the table, and it was not agreed to.

The question was stated on Mr. Tozers motion to indefinitely postpone.

Mr. BANKS. I hope that will be withdrawn. The effect will be, of course, to indefinitely postpone the whole matter, and I am sure the gentleman does not want to do that.

Mr. TOZER. We have consumed nearly, if not quite a whole hour, on this matter, and if my motion to indefinitely postpone will have the eff-ct of getting rid of the subject in some way. I shall be glad to see it carried.

The question was taken on the motion to indefinitely postpone, and, upon a division, it was not agreed to—ayes, 9; noes. 14.

The question was taken on Mr. DeLong*s motion to make the motion of Mr. Banks the special order ior to-morrow, and it was not agreed to.

The question was then taken on Mr. Banks' motion, and it was agreed to.

Mr. Delong. I voted with the majority, and I give notice of a motion to reconsider. [Laughter.]

Mr. CHAPIN. I trust that my colleague will be allowed to waste as much time as he pleases, now; we have consumed nearly two hours already, to-day, and accomplished scarcely anything.

The PRESIDEXT. The gentleman is not in order; there is nothing before the Convention.

Mr. CHAPIN. I rise, not to a question of order, but to a question of business.

The PRESIDEXT. Business does not seem to be before the Convention this morning. [Laughter.]

Mr. TOZER. I rise to make a motion. It is, that my colleague on my left, (Mr. DeLong.) be furnished with a large copy of Jefferson's Manual and a small room adjacent to this, so that he can practice by himself. [Great laughter.]


Mr. FITCH. I suggest that we take up the general file, and dispose of Article I, which was reported from Committee of the Whole yesterday, and then go into Committee of the Whole on Article II.

Mr. Delong. Is that the order of business —the general file?

The PRESIDENT. No ; it is the last in the order of business. The order is the second reading and reference of resolutions, and under that we can refer any matters to the Committee of the Whole.

Mr. Delong. Then if we go into Committee of the Whole, we should never reach the general file.

The PRESIDENT. The Secretary informs me that the general file should have preceded the eighth order of business, and I think it would be better than to make it last, as has been done. If it is the desire of the Convention, the order of business can be changed.

Sir. DUNNE. I move to change the order of business, so that the general file shall be the eighth on the list

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


The PRESIDENT. Business on the general file is now in order, the question being on the engrossment of Article I, entitled Declaration of Rights.

Mr. HAWLEY. The committees on Enrollment and Engrossment should be authorized to employ clerical labor, at so much per folio.

; I am under the impression that that course will

; be found to save expense, secure the performance of the labor, and be the most satisfactory to the Convention; but. no arrangements having

j yet been made, if that article is passed to engrossment, the committee will be at a stand

i still.

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