Wednesday,] FITCH-MURDOCK-BROSNAN-WARWICK-KENNEDY-BANKS-DUnne.

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

The roll was called and all the members responded except the following: Messrs. Ball, Crawford, Fitch, Folsom, Gibson, Haines, Jones, Morse, Sturtevant, Wellington, and Williams. Present, 28; absent, 11.

On motion of Mr. HAWLEY, leave of absence was granted indefinitely to Mr. Haines.

On motion of Mr. HOVEY, leave of absence was granted indefinitely to Mr. Frizell.

Prayer was offered by the Rev. Mr. RILEY. The journal of Saturday was read, corrected, and approved.

Wednesday,]

LOCKWOOD-MCCLINTON-DELONG-DUNNE.

[July 13.

cide the matter now, as it has already been tion, for that would be a suicidal policy-yet fully debated. it seems to me that we are not called upon to Mr. LOCKWOOD. I listened to a long de-prescribe any oath at all, in this instrument. It bate on this question yesterday, and I should, myself, like to make a very few remarks upon it at this time, merely for the sake of gaining some information, because I wish to vote intelligently. Sir, if I understand the object of a registration of voters, it is to provide the means of preventing men who are not qualified electors, under the laws, from exercising the right of the elective franchise. Now, by referring to Section 2 of this article, gentlemen will find that we have this provision:

SEC. 2. No person who has been or may be convicted of treason or felony, in any State or Territory of the United States, unless restored to civil rights, and no person who, after arriving at the age of eighteen years, shall have voluntarily borne arms against the United States, or held civil or military office under the so-called Confederate States, or either of them, unless an amnesty be granted to such by the Federal Govern

ment, and no idiot or insane person, shall be entitled to the privilege of an elector.

is, of course, the province of the Legislature to prescribe the duties of the Registrar; and it does seem to me--although I am not a lawyer, and do not wish to set up my opinions in opposition to those of abler men in this Convention-that if the Registrar has any legitimate duty at all to perform, that duty is marked out, or, at least, intimated, in this Section 2. I submit this suggestion to the consideration of the Convention, and would be glad to hear the opinions of gentlemen who know more about matters of this sort than I do.

Mr. DELONG. Does the gentleman from Ormsby think that this Section 2, which he has read, authorizes the Registrar to require any man to take the oath?

Mr. LOCKWOOD. I submit that the language of the section is plain. It says that no person who has been guilty of any of these Already we have provided that no such per- the privileges of an elector; and the very obthings which are specified, shall be entitled to son as is here described shall be allowed to exercise this right of suffrage. I start out, sir, ject of having a registry of votes is, to find out, with the assumption that one duty, and, I pre-order that the proceedings, on election day, before the day of election, who are electors, in sume, about the only duty, of the Registrar, will be to find out, by some proper means, who are, and who are not, qualified electors.

Mr. McCLINTON. I want to correct the gentleman, with his permission, in one respect. I think that section which he has read, and which has met with general approval by the Convention, says that such men shall not vote unless

a general amnesty be granted by the

States," or words to that effect.

66

United Mr. LOCKWOOD. I understand all that; but this article goes further, in another part. It says in Section 8, as we have it before us in the printed basis :

may not be interrupted and delayed, by any questions involving the right to exercise the elective franchise.

Mr. DELONG. But there is nothing in the the oath to be taken by any man. section to authorize the Registrar to require There is nothing in it about the Registrar; and it would his part to require it. But, by requiring every be looked upon as a usurpation of power on

the responsibility, and at the same time we shut man to take the oath, we relieve the officer from out disloyal men from the exercise of the elective franchise.

Mr. LOCKWOOD. Neither is there anything in the Constitution to make it the duty of the Governor to veto a bill. It seems clear to me, that as the Registrar has certain duties to perform, and as the only object in having a Registrar at all is, that he shall ascertain, by proper proofs, who are legal voters, this power and duty may be inferred. I consider that it would be as much his duty, when a person applies to be registered, to find out, by proper proofs, whether he has been in the service, military or otherwise, of the so-called Confederate States, as it would be to find out, by proper proofs, whether or not he is a resident, and has been six months in the State, and thirty days in the district. It is left for the Legislature to pre

"Provision shall be made by law for the registration of the names of the electors within the county of which they may be residents, and for the ascertainment, by proper proofs, of the persons who shall be entitled to the right of suffrage, as hereby established." Now, who is to ascertain this, by proper proofs? Why, the Registrar. I submit to the Convention, that if a man comes before that officer to have his name registered, and the officer says to him-"Sir, hold up your hand and swear whether or not you have ever borne arms against the Federal Government, or held office under the so-called Confederate States,"if the man refuses to take that oath, the Registrar must, in the exercise of the functions of his office, even in accordance with the sections I have read, refuse to receive his name. He scribe the duties of the Registrar, and therefore would have no right to register the name of such a man as a qualified elector. Therefore, I say, while I would be willing, if necessary, to prescribe the very strictest form of oathbecause I start out with the presumption that we are in favor of allowing no man to exercise the elective franchise, who feels that it is his Mr. DUNNE. I understand the matter in bounden duty to do all he can to overthrow this light: Section 2 specifies certain classes of the Government, whether of the State or Na-persons who shall not be allowed the privilege

I consider this oath out of place in the Constitution. I am willing to leave it entirely to the Legislature to say by what means the Registrar shall ascertain whether a man is, or is not, a properly qualified elector, before registering his name.

STURTEVANT-PRESIDENT-LOCKWOOD-BANKS-WARWICK- HOVEY.

of voting, and it is the business of the Legisla-States, as it is to ascertain by absolute proof ture, under the restriction laid down here in the Constitution, to put that provision into operation. Then, after the classes of persons who are allowed to vote have been defined, the subsequent section goes still further, as amended, and says that, before those persons shall vote, they must be required to take this additional oath.

Mr. LOCKWOOD. I wish to ask one quesI did not mean to ask him to be brief on tion: Suppose a man comes before the Regisaccount of time; what I want is a clear under-trar and asks to have his name registered, does standing. I think the gentleman sees a difficulty, which can be briefly stated, and perhaps explained away.

Mr. BANKS. I will endeavor to answer that Mr. LOCKWOOD. And to ascertain that, pre- question. It involves a point which was very vious to the day of election.

Mr. LOCKWOOD. I hold that it must be the duty of the Registrar to examine any applicant, before registering his name, relative to his qualifications as a voter; and among those qualifications, the applicant must show, by some means or other, to the satisfaction of the Registrar, that he has never borne arme against the Government, or held office, either civil or military, under the so-called Confederate States. Now, sir, my proposition is this: that if you are going to prescribe any oath, you should insert in it the other disqualifications, also. It is as much the duty of the Registrar to require a Mr. DUNNE. I think an amendment is not man to swear that he has not so borne arms, or in order.

held office under the so-called Confederate ] Mr. HOVEY.

Wednesday,]

BROSNAN-PRESIDENT-DUNNE MCCLINTON-CROSMAN-PROCTOR.

[July 13.

order, and I will only suggest it, and ask to lived there thirty days. Now, as there have been have it read for information.

The SECRETARY read, as follows:
Add after the oath, the words, "Provided, that the
Legislature may, by law, prescribe such further oath
as they may deem proper.'

The question was taken on adopting the report of the special committee, amending Article II, and it was agreed to.

Mr. CRAWFORD. I suggest the propriety of reading the whole article, as amended, so that we can all understand it.

The article was read by the Secretary.

THE SOLDIERS' VOTE.

Mr. BROSNAN. I think there is some little ambiguity in the reading of Section 4, as it has

been amended.

The PRESIDENT. There seems to be another objection to the language here employed, if the Convention will permit a suggestion from the Chair. Under the operation of this Constitution, it is proposed that the votes of soldiers shall be made to apply to the counties in which such soldiers were recruited; but men who are severally residents of three or four different counties may all be enlisted in one county; and according to the language of this section, their votes might be made to apply to that county, although some of them would be legally residents, and might claim the right to vote in other counties. They are declared to be voters in the counties in which they were enlisted, although they do not lose residence in the counties in which they had been living before they were so enlisted.

Mr. DUNNE. I think it is eminently proper that the votes should be applied to the counties in which the soldiers are recruited, for the reason that the only difficulty would be to know where the soldier was from. It would lead to endless disputes if it were necessary to determine where the residences of all the men were at the time of their enlistment, while the records would be available, and would be competent evidence to show where each man was enlisted. Another point is this: that if one county offers superior bounties to lead men to come from other counties and enlist, I think, in the way of reward to such a county for displaying greater liberality than is shown by other counties, it should have the advantage of the votes of the soldiers recruited within its limits. Mr. McCLINTON. There would be a difficulty in the way of allowing soldiers to vote in the counties in which they are recruited, and I think there should be a constitutional provision to prohibit them from voting except where they are residents. A person might go from this county to Storey County and enlist, who had never been in Storey County before the day of his enlistment, or but a day or two before. Under the provisions of the Constitution, as found in Section 1 of this Article, if he had not enlisted, he could not vote there, because he would not have acquired a residence by having

some objections made to the words here used, providing that the soldiers' vote shall apply to the county in which he was recruited, I think I can obviate such objection by this amendment which I now offer. I move to amend Section 4 by striking out all after the word

county," and inserting instead the words, "and townships of which said voters are bona fide residents at the time of their enlistment."

The PRESIDENT. The amendment can only be made by unanimous consent.

Mr. McCLINTON. I hope there will be no objection. My object in inserting the word township," is this: the office of Justice of the Peace is one of the most important of all the county offices in any county, and it is just as important that we should have the votes of our enlisted soldiers in the election of Justices of the Peace, as it is in filling the office of the Sheriff of the county, the County Clerk, or any other county officer. In reality it is an office of greater interest and importance to the people, the security of their rights often depending more upon the election of a good Justice of the Peace than upon a good Sheriff; and unless the soldier is allowed to vote in the township in which at the time of his enlistment he resided, of which he was then a bona fide resident, he could not vote at all for a Justice of the Peace.

Mr. CROSMAN. It looks to me as if there would be a difficulty in the way of making this part of the section practically operative, if you make any material change in the language as it has been read. As has already been remarked, the only means of knowing where the soldiers came from is, by referring to the records made by their superior officers, at the place of rendezvous. If we attempt to change the language so as to apply the votes of the soldiers to their several places of residence, rather than to the places where they were recruited, very frequently there will be no such evidence to produce, and the provision would, therefore, be inoperative. Although there might be a few cases in which men would be allowed to vote in Storey County, for instance, who had gone there from this, or some other county, to enlist, yet I see no other way of making this provision operative.

Mr. PROCTOR. I desire to make one remark, and I speak from experience. In regard to this matter of enlistments, I presume that the practice is about the same now, as it used to be when I was in Uncle Sam's service. When a recruit is enlisted, the first questions asked him are as to his name, age, and residence, and those matters are recorded on the enlistmentroll. That is the case with every soldier in the army of the United States. his name, age, height, complexion, residence, &c., and it is all placed on record. I have seen, in the city of Mexico, men discharged from the army, who were residents of Kentucky at the time of their enlistment, and who, after their discharge, received mileage to their places of

The recruit gives

Wednesday.]

DUNNE CROSMAN-MCCLINTON-BROSNAN-STURTEVANT-LOCKWOOD.

residence. You will find no more difficulty in learning the residence of a soldier from the records, than you will in finding there the place where he was enlisted, and, possibly, not so much.

Mr. DUNNE. If that is so, let us make this amendment. That is the view I take of it.

Mr. CROSMAN. I certainly would desire to have the vote of each man apply where it really belongs.

Mr. MCCLINTON. The amendment provides that the soldier may vote in the county and township of which he is a bona fide voter at

the time of the election.

The amendment offered by Mr. McClinton was adopted by unanimous consent.

Mr. BROSNAN.

POLL TAX.

I notice that in Section 8

or Section 9, as it is numbered in this printed copy-the language is: "The Legislature shall provide by law for the payment of an annual poll-tax, of not less than two, nor exceeding four dollars, from each male person resident," etc. I think it should read, "by each male person."

Mr. STURTEVANT. It really looks to me rather like crowding the mourners, to make a man who is sixty years old, pay a poll-tax. I should think there would be no objection to making that fifty years, instead of sixty years. Mr. LOCKWOOD. I suggest that we should insert the words "able-bodied" before the word "male." I think if a man is sick, he should not be required to pay a poll-tax.

[July 13.

upwards, who shall have actually resided in the State six months, and in the district or county thirty days next preceding any election, shall be entitled to vote for all officers that now are or hereafter may be elected by the people, and upon all questions submitted to the

electors at such election.

ed of treason or felony in any State or Territory of the

SEC. 2. No person who has been or may be convictUnited States, unless restored to civil rights, and no person, who, after arriving at the age of eighteen years, shall have voluntarily borne arms against the United States, or held civil or military office under the so-called Confederate States, or either of them, unless an

amnesty be granted to such by the Federal Government, and no idiot, or insane person, shall be entitled to the privilege of an elector.

SEC. 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States; nor while engaged in the navigation of the waters of the United States, or of the high seas; nor while a student of any seminary of learning; nor while kept at any almshouse or other asylum, at public expense; nor while confined in any public prison.

all persons otherwise entitled to the same, who may be SEC. 4. The right of suffrage shall be enjoyed by absent from this State in the military or naval service of the United States; provided, the votes so cast for of ficers shall be made to apply to the county and township of which said voters were bona fide residents at the time of their enlistment; and provided, that the payment of a poll-tax, or a registration of such a voter, shall not be required as a condition to the right of vot ing. Provision shall be made by law, regulating the manner of voting, holding elections, and making returns of such elections, wherein other provisions are not contained in this Constitution.

SEC. 5. During the day on which any general elec

tion shall be held in this State, no qualified elector shall be arrested by virtue of any civil process.

SEC. 6. All elections by the people, shall be by ballot; and all elections by the Legislature, or by either branch thereof, shall be viva voce.

aw-istration of the names of the electors within the counSEC. 7. Provision shall be made by law for the reg ties of which they may be residents, and for the ascer

Mr. CHAPIN. Then we should have an ful set of sick people in the country. Mr. DELONG. It would certainly prevent immigration, on account of the great number of people among us who would be in ill health. [Laughter.]

The PRESIDENT. The Chair understood the gentlemen from Storey (Mr. Brosman) to move a verbal alteration.

Mr. BROSNAN. Yes, sir; I will move to substitute the word "by," for the word "from," so as to read, "by each male person," etc.

Mr. TOZER. I object. "From" is just as good a word as "by."

Mr. DELONG. We had better leave that whole matter to the Committee on Phraseology.

tainment, by proper proofs, of the persons who shall be entitled to the right of suffrage, as hereby estabulate the manner of holding, and making returns of

lished; to preserve the purity of elections, and to regthe same: provided, that no person shall have his name registered as an elector until he shall take and subscribe to the following oath or affirmation, before an officer authorized by law:—

I

". do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States, and the Constitution and Government of the State of Nevada, against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any or dinance, resolution or law of any State Convention or Legislature to the contrary notwithstanding; and further, that I do this with a full determination, pledge, and purpose, without any mental reservation or evasion whatsoever, so help me God.

SEC. 8. The Legislature shall provide by law for the

nor exceeding four dollars, from each male person res

Mr. LOCKWOOD. I merely threw out a suggestion that it would be well to exempt sick payment of an annual poll-tax of not less than two persons, because I knew I could not get the ident in the State, between the ages of twenty-one and amendment in without unanimous consent. If sixty years, (uncivilized American Indians excepted;) any member objects, I will not offer an amend-one-half to be applied for State, and one-half for county purposes; and the Legislature may, in its discretion. make such payment a condition of the right of voting. SEC. 9. All persons qualified by law to vote for Rep.

ment.

Mr. KENNEDY. object.

The article as amended was again read, as resentatives to the General Assembly of the Territory follows:

ARTICLE II.

RIGHT OF SUFFRAGE.

SECTION 1. Every white male citizen of the United States (not laboring under the disabilities named in this Constitution,) of the age of twenty-one years and

of Nevada, on the 21st day of March, 1864, and all other persons who may be lawful voters in said Terri tory on the first Wednesday of September next follow. ing, shall be entitled to vote directly upon the question of adopting or rejecting this Constitution.

There being no further amendment, the question was taken by yeas and nays, on the final