Tuesday,]

DELONG.

[July 5.

rious and sober deliberation. The members of
that Convention came fresh from the people,
and they represented their constituents faith-
fully. It was submitted to the people for their
ratification, and I have yet to learn of any re-
spectable body of men; I have yet to learn of
any newspaper in this Territory; I have yet to
learn of any individual on the stump in this
Territory, that ever assailed that Constitution
in any of its features, save and except those
four or five clauses which it is not necessary
for me at this time to name. With these four
or five exceptions, it was all and every thing
that the people could possibly desire. I ask,
then, why this change in our feelings at the
present time? I ask, then, why not take this
Constitution as a basis of our new Constitution?
Let us adopt this Constitution as a basis, and
then I would say, scatter it around on every
desk, give each member twenty-four hours to
write out any emendations or additions which
he may think necessary, then let the several
propositions be referred to a committee for
arrangement and segregation, that we may have
clearly and distinctly before the minds of this
Convention the several alterations that may be
required, and upon those alterations let us agree
in Committee of the Whole. Take this course,
and I will vouch for it that in five days' time we
will have this Constitution completed and ready
to be submitted to the people. It occurs to me
that this is the most simple, straightforward
way. I can hardly see the propriety or reason
for pursuing a different course. We will then
take up those sections, considering four or
five alterations proposed by me, half a dozen
by my colleague, as many more by some other
gentleman, and so on, and that will be all that
will be necessary to consider; after which, I
have no doubt, we shall be ready to pass it as a
whole. Then why spend our time here, run
ning up a bill against the new State? Or
why should the Legislature be called upon to
pass upon bills that may be created here in the
course of a session of three, four, or five weeks;
for we shall be compelled to continue in sessionment was originally predicated?
for that length of time if we take it up section
by section, whereas the work might all be
done in four or five days. With a few ex-
ceptions, I am willing to give this Constitu-
tion my approving vote now; and you are
willing, and every other member is willing to
give it his vote, after, perhaps, some trifling
amendments. But if it is taken up section by
section, some member will speak upon a prop-
osition in it, and then I may feel called upon
to reply by some remarks, and others may think
it necessary to defend their views, and thus we
shall spend as much time upon it as though we
took the Constitution of some other State. It

after no new matter be introduced unless, per-
haps, by a two-thirds vote. If we adopt this
plan, I fully believe that four or five days will
be ample to complete our work.

Mr. DELONG. I feel heartily gratified, Mr. President, to find how cordially I am supported in my views, especially by members of my own delegation. [Laughter.] In the first place, I am assailed, or my position is attempted to be beaten down, by my exceedingly plausible colleague who rises and insists that it is absolutely preposterous to make any such basis as I propose. And then the Chair descends from that high position in which I helped to place him, and gives as a reason why my views should not be adopted, the impossibility of obtaining a sufficient number of copies of the Constitution of the State of California for the consideration of the members of this body. Now, if we adopt my amendment I will agree to furnish every man in the Convention with a copy by to-morrow night, and if Carson be indeed so poor that she has not twenty-five or thirty copies within her limits, I can procure them from my own city by return of mail.

Now one word also in reply to the remarkable attack upon my position that the California Constitution is the offspring of the Constitution of New York. I did not state that it was literally copied from that of New York, but I stated that it was drafted in its general principles from that instrument, and I still so state; and in support of the position I assume, I refer the Chair, or any body else, to the reports of the debates of the Constitutional Convention of California which framed that instrument.

Then it is said that the California Constitution was taken as a basis when this Constitution of Nevada was drawn. If so, then the basis I propose is a correct one, or else the basis upon which this Constitution is drafted must be wrong, one of the two. Now, sir, the basis being correct, why should we adopt as our basis a basis built upon another basis rather than the basis upon which that instru

I said there were many other objections to this Constitution of Nevada which were not urged against it on the stump, but which might have been taken up, and would have been, but that it was sufficiently assailable upon the points upon which we did assail it. I still say that, and it is my candid belief, taking this entire instrument into consideraton. I do not care if it has been overwhelmed with newspaper compliments. Why, sir, they always compliment such things. Newspaper editors are not always the most competent of men, and do not always know whether a thing is wise or unwise, nor do they always thoroughly examine it; consequently, their endorsement does not go I therefore hope that some gentleman will far with me, unless I am sure that they have move that each member be requested to make well considered what they are talking about, such amendments as he desires within a limited which is not commonly the case with newspatime, and that then we go into Committee of per editors. I wish to say further, that the the Whole and act upon them, and that there-basis being correct, as has been conceded,

will all be new work.

Tuesday,]

EARL-FITCH-DELONG.

[July 5.

with the Constitution of California before us | my duty to urge the adoption of the California we can make such few amendments as are ne- Constitution as a basis. I believe it is economy cessary to make it applicable to our own interests in a very short time.

How is it, I should like to know, that we are such a peculiar people as my colleague (Mr. Collins) has remarked, different from the North and the South and the East and the West? I do not so understand it. What is the paramount interest of our Territory? Why, the mining interest. What is the paramount interest of California? The mining interest. Where do our people come from? There are immigrants here from every portion of the globe, and so there are in California. Our people and the people of California are alike in that respect. I say I cannot perceive in any leading particular any difference between our wants and the necessities for a good government for us and the wants and necessities of California.

of time, and if we take it up section by section, and consider it, I do not believe that a dozen features of it will ultimately be amended by this Convention; while I know that this Constitution of Nevada, if it is taken as the basis, will receive multifarious amendments. This instrument is filled with legislation, and the people have shown that they are opposed to legislation in the Constitution. It fixes the salary of State officers; it ties the hands of the Legislature, so as to give it scarcely anything to do; and I recollect that that feature in particular, met with the greatest amount of sarcasm last fall. It was said then, and very justly too, that the Constitutional Convention which met one year ago, seemed to be impressed with the idea that it contained the only wise, just. true, and honest men that were ever going to be, or These gentlemen have backed up their views ever could be got together in this Territory, by assailing the Supreme Court of California, and that they consequently went to work to and even my worthy friend, the immigrant, as legislate, to fix salaries, and to do everything he styled himself, informs us that he differs with else, and left the Legislature nothing whatever that Court in its decisions, and in company to do but to enact into laws those strange and with my colleague, (Mr. Collins,) he assails the wild provisions which are to be found in no character of the decisions of the Supreme other fundamental law in Christendom. I know Court of California. Now I think I know the that these things have had weight with many real objection that my worthy colleague has to men, and I am satisfied that much more of opthat Court, and its jurisprudence. I know that position will be manifested against our work, that gentleman has entertained a strong antip- if we take this Constitution of Nevada as a athy to the Supreme Court of California, ever basis, than if we take as our basis that which since the time when that Court gave, as the they say was the basis of this, namely, the Consaying was. "the law to the North, and the nig-stitution of the State of California. ger to the South," in the decision involving the right to hold the slave Archie. But I know that there are men who have held positions upon that Supreme Court Bench, whose equals requested to hand in, by to-morrow, at ten o'clock, A. as lawyers, and as judges, are not to be found M., such amendments and changes as he may deem nein this Territory or upon the Pacific coast; and cessary to be made in the Constitution formed for the so called State of Nevada; and that such changes shall in speaking thus. I believe I shall be borne out be considered in Committee of the Whole, and the reby the entire legal profession in this Territory, mainder of the Constitution shall be adopted in Comand in California also. I know that occasion-mittee of the Whole to-morrow. ally some rather shabby decision may have been made, following, perhaps, on the heels of some unworthy purpose; but still, as a general thing. I guarantee that the decisions of the Su- The PRESIDENT. A substitute was offered, preme Court of California will not be over-which has been voted down, and the question turned by the California Courts hereafter, and now is upon the amendment of the gentleman hardly can be by our Courts here. Then if my from Storey, (Mr. DeLong.) The Chair thinks views on this subject are correct, the adoption the substitute is in order. of the California Constitution as a basis will save this people an immense deal of litigation. I made this proposition, well knowing that I should meet with a great deal of oppositionMr. EARL. It seems to me that this resoluthat kind of opposition which is founded upon tion will save us torrents of talk. All we want that principle which leads the indulgent and is to get on with our business, and in this way delighted mother to imagine the homeliest baby we can cut short an immense amount of arguin Christendom to be a beauty, and to claim ment. This Constitution is undoubtedly as that others ought to view it in the same way. good a one as we can expect to get up. We I knew very well that the members of the Con- have had the experience of those who have vention which framed this Constitution would gone before us, and they have given their carebe likely to endorse it, but I hardly expected ful attention to the subject, and all we need is that their converts would number so many that they would be able to carry it in this Convenvention. At all events, I have considered it

Mr. EARL. I offer this resolution as a substitute :

Resolved, That each member of this Convention be

Mr. FITCH. I rise to a point of order. There is already an amendment pending, and the substitute is not, therefore, in order.

Mr. DELONG. I would like to have the time changed. I think to-morrow morning would give us too short a time.

to make a few changes. So far as I am concerned I have already taken a copy of it, and marked in it all the changes I desire to pro

NOURSE-EARL-FITCH -CROSMAN-PRESIDENT-CHAPIN.

pose. I think others can do the same in a short | because everything else must be first proposed time, and in that way I have no doubt we can get through our work in a few days.

and acted upon, before you can know how to make it harmonious in all its different parts. Mr. NOURSE. I would like myself to change I trust that gentlemen will not propose amendthat resolution, so as make it apply only to a ments so fast that we shall lose sight of our portion of the instrument. It seems to me that starting point. The question was, first, on the it is rather forcing matters to require us to exam-resolution to adopt the Constitution of Neine the whole thing before to-morrow morning, vada as a basis; then on the amendment to and be prepared then to offer our amendments, that, adopting the Constitution of California; or else to be cut off, finally. It is more of a and now the question comes on the substitute task than I can perform, for one, to read through, or amendment, offered by the gentleman from and carefully consider this whole document; Storey, (Mr. Earl.) and I suggest the propriety of only taking the Mr. DELONG. I rise to a point of order. It first three articles for to-morrow, and then two is, that the proposition of my colleague, (Mr. or three more for the next day, and so on. It Earl), is not a substitute, because it does not strikes me that the resolution, as it stands, is relate to the subject matter of the original moslightly overrating our ability. tion.

Tuesday,]

EARL-FITCH-BROSNAN-BANKS.

to the gentleman from Storey, (Mr. Earl,) that his motion now embraces the schedule, and gentlemen will see that it will be impossible to complete that until we have completed the balance of the instrument.

Mr. EARL. I suggest that we take up from Article V to Article VIII, inclusive, and consider the remainder. Certainly, it seems to me that any gentleman could take up this whole document, after having had it before him for a month, and no doubt made up his mind upon its provisions, as nearly every gentleman probably has done, and state what changes he thinks are necessary. I, for one, can make all the changes necessary in my opinion between now and to-morrow at 10 o'clock; in fact, I have done so since yesterday, and have marked them all in my copy. I think I will fall back on my original motion, to take it all up from the first to the fifth articles.

[July 5.

sented by my colleague on my right, (Mr. Fitch), and I had thought that the proposition made by my other colleague, (Mr. Chapin), as originally made, would cover the whole ground. It may be said that by taking up this first Article in Committee of the Whole, it will be necessary to read it through. Undoubtedly it will have to be read through in Committee of the Whole, and then, after any amendments which may be moved are acted upon, we adopt it in committee and report it to the house, where it is passed, and there is an end of it. When we come to a section that needs amendment, in order to satisfy gentlemen, if we cannot agree readily upon such amendment, the Convention may refer the section to a special committee, to report subsequently, and go on with the consideration of the following sections. I do think that is the best and most expeditious way, and I hope all these amendments will be voted down.

Mr. FITCH. I will move, as an amendment, that we commence by taking up Articles III, Mr. FITCH. I am perfectly willing, as well IV, V, and VI, that is, "the distribution of as my colleague, to meet the devil boldly in the powers," and the legislative, executive and face; but if it be necessary to have a contest judicial departments. If that is too much to with him, I prefer that it should be limited in consider in one day, it is not too much, I think, duration. I am quite confident that if we comfor gentlemen to go over and prepare their mence the deliberations of the Convention by amendments to in one evening. We can take considering the proposition in the first and secup those four articles, and if we do not succeed ond Articles-if we begin with the discussion in getting through with them in one day, we of the much vexed question of the paramount can take another day for them. I trust the allegiance clause, or the equally vexed question gentleman will not insist on our considering of allowing the right of suffrage to persons who the first and second articles at present, namely, have been in arms against the Government, I the "Bill of Rights" and the" Right of Suf- am quite sure, from what I have learned of frage," which would be calculated to produce the views of members here, that the discussion an immense amount of discussion at this time. will keep us in session till doomsday, or, at I make my motion, Mr. President, upon the least, till the patience of the Convention is worn hypothesis that the motion of the gentleman | out, before we come to any conclusion. But from Storey (Mr. Chapin) be adopted, making let us go on and discuss first the more practical this Constitution the basis. My amendment questions-those principles upon which we are will simply be that Articles IV, V, and VI be noted for to-morrow.

to form our local government, and by the time we have disposed of them, we shall perhaps have consumed so much of the time of the Convention, and have so wearied members out with speeches, that they will be willing to let us off with perhaps only one day upon "paramount allegiance," and another on the "right of suffrage." They will say, "Any way to get rid of it and enable us to go home." But if we get into these discussions now, they will consume four or five days at least. For these reasons I am for postponing those sections which are likely to provoke discussion until we have disposed of and settled those which are not likely to provoke discussion.

Mr. EARL. I will accept the amendment. Mr. BROSNAN. I do not see the object of this proposition; I cannot see that it economizes time at all. If we are to have discussion upon the first, or upon the second article, it must come at some time, and we may as well have it at once. I am one of those who think that if I have to meet the devil on the way, I would prefer to meet him boldly, in front, at the outset, and then, after overcoming him, my journey is smooth and easy the rest of the way. I therefore see no use in adopting this proposition and commencing at the middle of our work. I think the more direct, as well as the Mr. BANKS. I understand the question to most expeditious way, is to commence with be this: shall we commence at the beginning Article I, and go through our work in its reg- of our work and pursue it regularly in the orular sequence. If we can get through with Arti-dinary course of a business-like transaction, or cle I, well and good; or if we can finish the first and second Articles in one day, so much the better. At any rate, we shall know that we are progressing on our journey in a consecutive and harmonious manner. I am decidedly opposed to the amendment, the proposition, or the suggestion, whatever it may be called, pre

shall we commence in the middle of our work? Now, any man of ordinary experience in life would say, upon general principles, that it is best to commence at the beginning. What reasons, then, have we heard offered for changing the rule which governs in the ordinary affairs of life? Simply such reasons as are based upon

ARTICLE I.

DECLARATION OF RIGHTS.

[July 5

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 pursuing and obtaining safety and happiness.

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. But the paramount allegiance of every citizen is due to the Federal Government; and no power 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 United States. The Constitution of the United States confers full power on the Federal Government to maintain and of the States, or people thereof, attempt to secede from perpetuate its existence, and whensoever any portion 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.

the assumption that we are not a grave, deliberative body, but a mere set of schoolboys, incapable of regulating our own conduct, incapable of doing what we all feel to be necessary and right, and then going home. But I think the logic of those gentlemen is singularly defective in this particular, that they insist upon our putting off the hardest work until the last part of the session. On the other hand, I insist that it will be much better to take up those sections which are likely to consume most time at the first, because that will give all of us an opportunity to investigate the remaining portions of the Constitution at our leisure moments, while in public here we are considering and debating those difficult propositions. It will give us an opportunity in the evenings and mornings, and at all times when we are not here in session, to consider the grave questions arising in this Constitution. I confess, for one, that although I have had considerble experience in deliberative bodies, yet I am not prepared, and will not be prepared until I have heard everything within the bounds of reason which is to be offered, pro and con., concerning each of those propositions, to decide what will be my vote upon them. If gentlemen here are so wise as to be able to sit down in a room by themselves, and without any SEC. 4. The free exercise and enjoyment of religious discussion, or comparison of views, decide what profession and worship, without discrimination or prefthey will or will not do in every case, why, allerence, shall forever be allowed in this State; and no I can say is, that they possess more wisdom person shall be rendered incompetent to be a witness on account of his opinions on matters of religious bethan any man with whom it has been my for- lief; but the liberty of conscience hereby secured shall tune to commuuicate in regard to the forma- not be so construed as to excuse acts of licentiousness, tion of views. Therefore, I hope that the sug or justify practices inconsistent with the peace or safety of this State. gestion just now made by the gentleman from Storey, (Mr. Brosnan), will prevail. Let cach man, as he finds time, prepare any amendments he may deem necessary, bring them in on paper, and present them. I insist that we ought to take up the first Article and pass through it, and then the next Article, in the ordinary course of business, and so on till we get through with the whole instrument, and when we get through we shall be ready to adjourn.

SEC. 3. The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties, in all civil cases, in the of the jurors agree upon a verdict, it shall stand and manner to be prescribed by law; and, if three-fourths have the same force and effect as a verdict by the whole jury; provided, the Legislature, by a two-third vote of each branch thereof, may require a unanimous verdict notwithstanding this provision.

SEC. 5. The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its sus

pension.

SEC. 6. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel nor unusual punishment be inflicted, nor shall witnesses be unreasonably detained.

sureties; unless for capital offenses, when the proof is SEC. 7. All persons shall be bailable by sufficient evident or the presumption great.

SEC. 8. No person shall be held to answer for capital or otherwise infamous c.rime, (except in cases of

Mr. EARL'S amendment was modified so as impeachment, and in cases of the militia when in actual to read as follows:

Resolved, That each member of this Convention be requested to hand in by to-morrow, at 10 o'clock, A. M., such amendments as he may deem necessary to that portion of the Constitution formed for the so-called State of Nevada, as may be emboided in the IIId, IVth, Vth and VIth Articles, and that the said Articles be considered in Committee of the Whole, to-morrow.

service, and the land and naval forces in time of war, or which this State may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the Legislat ure,) except on presentment or indictment of a grand jury; and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. No person sha.'l be subject to be twice put in jeopardy for the same offe nse; nor shall he be compelled, in any criminal case, to be a witThe question was taken, and the amendment ness against himself, nor be deprived of life, liberty, or was not agreed to. property, without due process of law; nor shall private property be taken for public use without just comThe question was taken on the original reso-pensation having been first made or secured, except in lution, as proposed by Mr. Chapin, and it was cases of war, riot, fire, or great public peril, in which case compensation shall be afterwards made. agreed to.

SEC. 9. Every citizen may freely speak, write an1 So the Constitution framed by the Conven-publish his sentiments on all subjects, being responsi tion of 1863 was adopted as a basis, as fol- passed to restrain or abridge the liberty of speech or ble for the abuse of that right; and no law shall be lows:

PREAMBLE.

We, the people of the State of Nevada, grateful to Almighty God for our freedom, in order to secure its blessings, insure domestic tranquility, and form a more perfect Government, do establish this Constitution.

of the press. In all criminal prosecutions and civil actions for libels, the truth may be given in evidence. to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party shall be acquitted or exonerated; and the jury shall. have the right to determine the law and the fact.