Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1869-09-10
HOW Is TH1sp

The Elko Independent, Of Wednesday,
intimates very strongly that the State
Of Nevada is not officially recognized at
Washington rs having passed the FIT
teeuth Amendment. Whether the h's-
pendtn,'s legal points are well taken or
not, We cannot say, but as Senator
Bonni6eld %(Demoerat) writes for that
paper, and is perhaps the author Of the
article in question, they may have some
weight in fact. We copy a portion OF
the article:
When Senator Casserly telegraphed
from New York to California, q few
days before the election, that the rec
ords Of the State Department at Wash
ingtou showed but twelve States that
had ratified the Fifteenth Amendment,
a loud shout of %denuuciation and vehe-
ment denial went up from the Republic
can press Of California, charging him
with Misrepresentation and f%alschood,
to promote the interests Of his party on
the eve of election. To prove that the
Senator had falsi6ed the record, the
State Of Nevada, which was not named
in the dispatch, was cited as having
ratified the Amendment. The Senator,
however, only spoke Of those States
which had officially notified the Depart
ment at Washington Of their action ;
aud hence, so far as Nevada and the
other States not named by him which
were known to have taken some kind oil
unofficial action were concerned, the
Senator was right and his traducers
were wrong. It is only OF Nevada that
we now propose to speak. No official
announcement Of the action OF our
State Legislature on the Fifteenth
| Amendment has aver reached Washing.
ton, and in all human probability never
will, unless an extra session OF the
Legislature is called to complete the
action of the last session, which ad'
iourned on the fourth Of March last
The action of that body wa left incom
plete aud unfinished, as they IN the
haste and confusion of business during
the last days of the session overlooked
the important matter Of giving to I'M
Secretary of State power aud authority
by Joint resolution, 10 communicate
their action to the Secretary OF State o
the United States at Washington ant
until such power is given in express
terms, his acts could be OF no higne'
authority than the acts of any private
individual, and would not be recognized
al the State Department at Washington
The points we make in this arelel'
are, first that the Legislature which
acted on the Fifteenth Amendment failec
10 authorize the Secretary OF State II
communicate the fact officially to thu
Government at Washington ; and thu
second point we make is, that withou
such specific delegated authority from
the Legislature, the acts OF the Secre
tary of State would be no moro thar
those of a private Individual, and coult
have no weight at Washington, ant
have not been recognized up tothe pres
ent time. The first proposition will b.
substantiated and placed beyond thu
pale of doubt by q simple reference t
the journals Of the last Legislature ant
the testimony, if necessary, OF tn
members of that body /; and ehe secon'
can readily be demonstrated, and proven
by the universal custom and practice o
ali legislative bodies that have had oc
casion to communicate officially witt
the Government at Washington. If tn
business to be transacted, or the notf
cation to be given, is to the Seeretar.
Of State, Postmaster General, Secretar.
Of the Interior, Secretary Of War or an.
other Department head, the State office
ia directed by joint resolution to com
municate with them respectively, ant
the resolution constitutes his only au
tbority for such action. The mere fac
that he is Secretary Of State shows n
power and it would be just as we'll L
show that he was a county clerk or
constable, for all practical purposes
unless he had been constituted BY eS
press enactment or resolution-th'
proper instrument for such purpose
we simply state these facts at this tim
n, being ~self-evideut truths, making
prima faeia case; and until they are q.
sailed, we will content ourselves Wit
drawing q few deductions from tn
premises above stated. The first o
these conclusions is, that before th
name of Nevada can be enrolled at tn
State Department, at Washington
among the number which have ratife'
the Fifteenth Amendment, it will b
necessary to call an extra session OF th
Legislature to complete the work whicI
was left unfinished by the last one, o
else wait until the Legislature convene
on January LIST, 1871. But rs this de
lay would carry the question Of ratihca
ton before the people at the fall cleo
ton next year, where it would meet tn
same fate which it has encountered Il
California, it would doubtless be tn
safest plan to call the Legislature to
rcther again and allow them to cure tn
unfortunate oversight Of the last ses
sion. If this is not done, We now war
the Republican party that the amend
ment is dead in Nevada, as instead o
authorizing the Secretary OF State Il
communicate official information ofwha
had been done to the State Department
at Washington, the incoming Legisla
,ure would expressly deny to him sucl
authority, and would revoke as far o
possible, what had been done by thei
predecessors. The only plan, therefore
to avoid the hazard Of the election Il
1870, will be to call the members OF To
Legislature together and have the wor'
completed at once. This course woul
be a godsend to many Of the old mem
bers, giving them another and last op
p%ortunity TO have q tug at the publ
teat. Many of them are seedy, broke
down and out of credit for tangle.foo
and hash, and an extra session woul
now be their opportunity.
AIApY in Newport has a ring cut out Of
- I..tI a La Aha onlu nm