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sitions, but would content himself by stating, that after consultation with several of the members, he was of opinion the following resolution would meet with general favor. He moved it as an amendment to Mr. Gilbert's amendment to Mr. Gwin's resolution :

Resolved, That six standing committees, of five members each, be appointed by the President, to take into consideration and report upon the following articles of a Constitution, to be submitted to this Convention, viz:

1st. Enacting clause and Bill of Rights.

2d. Legislative Department and qualification of electors.

3d. Executive and Executive powers.

4th. Judicial Department.

5th. Mode of amending and revising.

6th. General provisions and schedule.

Mr. HALLECK was opposed to this plan, and preferred the amendment of Mr. Gilbert as better calculated to facilitate the business of the Convention. He knew of no instance of the appointment of a number of committees, where a body of this kind had been enabled to get through its labors short of two or three months. There was no reason to suppose that six committees would get through any sooner here than in other Conventions. Great labor would be required in combining the reports of these different committees. Confusion and difficulty would be the inevitable result. Moreover, there would be various omissions, as in the case of the Constitution of New York. He did not know of any State Constitution that contained more admirable provisions than that; nevertheless, there was no Constitution in the States so imperfect; and this fact arose, not from the want of ta lent in the Convention, but from the appointment of a large number of committees. He was aware that there were numerous aspirants for the position of chair. man to the proposed committee, but he thought that matter might be decided by

the House.

Mr GWIN said the gentleman's remarks presented a most irresistible argument against the proposition which he advocated. The very fact referred to by him showed the impracticability of doing business in the mode proposed, without a printing press. The experience of forming thirty Constitutions of the Statesthe result of seventy years of labor-was to be thrown aside, and this Convention was to enter into a new field, to draft a new Constitution. The gentleman had shown the absolute necessity of taking one of these Constitutions as a basis. There would then be no necessity for either one standing committee or six special committees. The entire Constitution could be discussed in Committee of the Whole. He did not care which Constitution was taken up. It would be infinite. ly better to take any one of them than appoint a committee to report upon a form section by section. It was with the intention of proposing in committee to lay the printed copy, already referred to, before the House, that he had offered his original resolution. That Constitution was one of the latest and briefest. He wanted nothing better than to form a Constitution from the thirty Constitutions of the Union. Had some standard or plan been taken as a basis, the Convention would now be at work upon it.

Mr. Borts rose to protest against the haste apparent in every quarter of the House, to proceed headlong in this important matter of forming a Constitution. He appealed to members to consider the circumstances under which they were here. It was to perform the most solemn of trusts-to decide upon the fundamental principles of a Government. This great question of securing to mankind the prosperity and happiness which can only result from a good Government, now agitates the world. It occupies the minds of sages, and the discussion of it fills volumes. Yet gentlemen come here under the expectation of making a Constitu. tion almost in a single day. He had been present as a spectator in one or two Conventions of the old States. He was struck with the contrast presented by this; for highly respectable as it was, he could not but be impressed with the ab. sence of those gray hairs which he had seen in assemblies of this solemn charac

ter in the older States. He hoped to see a good Constitution formed, but it would take time to make it. He was well aware that gentlemen, in coming here, sacrificed much-that all were desirous of returning home without delay. Business in California was very profitable, and it was natural that gentlemen should wish to get back to their money bags; but he would oppose the spirit of patriotism to the spirit of mammon. There was something in the very word patriotism calculated to inspire men to make sacrifices. It was true houses were built in a single night in San Francisco; it was a go-ahead place; but he feared, if this Constitution was built in the same way, it would bear about the same relation to an enduring political structure that a shanty in San Francisco bore to a great monument of architectural skill. Gentlemen complained that the time of the House was consumed in useless discussion; that nothing had been done; no vote taken. Suppose you ascend a hill in the morning, and come down again in the evening, without being able to get over, have you done nothing? Have you not discovered that you cannot get over in that way? Delay is the characteristic of hasty legislation. A word with regard to the propositions before the House. By the first, proposing the appointment of one large committee, you can only have a portion of the intelligence of this body to engage in the formation of a Constitution. Is there any to spare? Mr. Price's proposition employs the whole intelligence of the Convention. He (Mr. Botts) was in favor of having as much wisdom as possible engaged in this business, and would therefore vote for the amendment offered by Mr. Price.

Mr. NORTON sustained Mr. Gilbert's proposition. He thought it would be the only means of advancing the work before the Convention. It was a great object to expedite business. The people sent delegates here to form the organic law of what would soon, he trusted, be a great State of the American Union. The pro. position of Mr. Gilbert seemed to him to indicate the most practicable mode of proceeding. The Committee thus appointed could report, in whole or in part, a form to be acted upon in Committee of the Whole. He was not prepared to say they could form a Constitution better than those of the several States; but the Committee could select from them such provisions as were most applicable to this country, and by combining the wisdom of the whole, make a better Constitution than could be accomplished in any other way. The experience of Conventions proved that where several Committees were appointed on the several articles of the Constitution, men of different opinions necessarily presided over them, who deemed themselves bound to sustain their respective Committees. In the present case the objection would be peculiarly striking, where so many were assembled together coming with conflicting prejudices from different States of the Union.

Mr. GWIN observed that he had lived in three of the old States. He had care. fully examined all the State Constitutions, and he preferred the Constitution of Iowa to that of any other State. He had no sectional prejudices to gratify here. Mr. NORTON did not refer particularly to Mr. Gwin. That gentleman was not the only member of this House. Such prejudices existed, and that was sufficient. Mr. HASTINGS said that all appeared anxious to effect the same great object, but arrived at different conclusions. It was very important that the work should be commenced at once; yet it was argued that it should not be hastily commenced, because the object was an important one. He considered that an excellent rea. son for beginning it without delay. They were not without a guide; there was one book to which they had access, containing the Constitution adopted by the wisdom of the age in which the framers lived-sanctioned by long experiencepronounced superior to any ever adopted in the known world. If the lawyer ap pears at the bar to argue his cause, he knows well where to find the best book ex. tant on human rights and human government-the Constitution of the United States. The record of the debates on that Constitution embraced the principles of all the State Constitutions. The best plan would be to take up that great in. strument as a guide, and proceed to form a Constitution for the State of California.

By adopting this as a standard, one committee could be appointed, which could accomplish all the work. He was opposed to a number of Committees. He considered one sufficient, and he would prefer a small one. But if gentlemen insisted upon having all the intelligence of the House concentrated in that Committee, he would not object to two members from each district, although he thought a smaller number would accomplish the work sooner. He was in favor of Mr. Gilbert's proposition.

The question was then taken on Mr. Price's amendment, and it was rejected. The question then recurring on Mr. Gilbert's amendment

Mr. GWIN rose to a question of order, whether his resolution and that of Mr. Gilbert were not precisely the same in effect.

Mr. GILBERT explained that the Committee proposed by him might report from time to time such articles or sections of a plan as might be passed upon in Committee.

Mr. GWIN asked if his was not precisely the same in effect-to report the plan, or any portion of the plan of a State Constitution. He made it a question of order.

The CHAIR decided that where two resolutions were the same in substance and effect, the amendment could not be properly considered as before the House. It was the opinion of the chair that these two propositions did not vary in effect. Mr. GILBERT appealed from the decision of the Chair.

Mr. HALLECK asked if an appeal could be debated.

The CHAIR decided in the negative.

Mr. GILBERT called for the yeas and nays on the appeal, which was ordered. YEAS-Messrs. Aram, Carillo, Cabarruvias, Crosby, Dimmick, Dominguez, Ellis, Foster, Gwin, Hoppe, Hobson, Hastings, Jones, La Guerra, Larkin, Lippitt, Moore, McCarver, Ord, Price, Pico, Rodriguez, Reid, Sutter, Snyder, Shannon, Sherwood, Stearns, Vallejo, Woozencraft-30.

NAYS-Messrs. Gilbert, Halleck, Hollingsworth, Lippincott, Norton, and Teft-6.

The question then recurring on Mr. Gwin's resolution, it was adopted.

On motion, the blank was filled with the word two.

Mr. SHANNON offered the following resolution:

Resolved, That a Select Committee of five members be appointed by the President to frame and report to this House, at as early a period as practicable, the necessary rules for its government. Adopted.

On motion of Mr. GWIN, the House took a recess of half an hour to allow the Chair an opportunity of appointing the Standing Committee.

AFTERNOON SESSION, 1 O'CLOCK, p. m.

The Convention re-assembled pursuant to adjournment.

The President announced the following as the Standing Committee on the Constitution :

Messrs. Gwin and Norton, of San Francisco; Hill and Pedrorena, of San Diego; Foster and Carrillo, of Los Angelos; De La Guerra and Roderiguez, of Santa Barbara; Tefft and Cabarruvias, of San Luis Obispo; Dent and Halleck, of Monterey; Dimmick and Hoppe, of San Jose; Vallejo and Walker, of Sonoma; Snyder and Sherwood, of Sacramento; Lippencott and Moore, of San Joaquin.

Committee on Rules and Regulations.-Messrs. Shannon of Sacramento, Butts of Monterey, Price of San Francisco, Jones of San Joaquin, and McCarver of Sacramento.

Mr. GWIN moved that the Secretary of the Convention have power to employ a clerk or clerks, if such are necessary, and to report to the Convention the name or names of the person or persons he proposes to appoint, for its approval. Adopted. On motion of Mr. PRICE,

Resolved, That the Committee to frame a Constitution is hereby authorized to employ such number of Clerks as may be necessary, and that the Committee are instructed to bring in a copy of their report for each member of the House.

Mr. PRICE offered the following resolution:

Resolved, That the President appoint a committee of three to wait on Gov. Riley, and inform him that the Convention is fully organized and ready to receive any communication from him that he may be pleased to make.

Mr. GWIN objected, and the resolution was laid over.

On motion, the hour of the assembling of the Convention was fixed at 10 A. M. until otherwise ordered.

The Convention then adjourned.

FRIDAY, SEPTEMBER 7, 1849.

The Convention met pursuant to adjournment. Prayer by the Rev. Padre Ramirez.

Mr. E. Brown, from the District of San Jose, appeared, was sworn, and took his

seat.

Mr. BOTTS offered the following resolution. He thought it proper that the offi cers of this Convention should know precisely upon what they were to depend: Resolved, That a committee of five be appointed to inquire and report to this body the proper mode of providing for the payment of the expenses of this Convention, and that they report the proper per diem, or other allowance, to be made to the officers in the employment of this House. Adopted.

Messrs. Botts, Halleck, Vallejo, Brown, and Price, were appointed by the President as such committee.

Mr. NORTON, on behalf of the Committee on the Constitution, begged leave to state that the Committee had had the subject under consideration, and during the brief time allowed it, had not been able to prepare any written report. There had been, in Committee, a great degree of unanimity on the adoption of the first portion of a Constitution; and it was prepared to report this morning, verbally, if the House desired it, a bill of rights. The Committee were of opinion that the preamble should be postponed until after the form of a Constitution had been agreed upon.

Mr. HASTINGS moved that the Committee be permitted to report, when one copy of their report was ready. Adopted.

Mr. NORTON, the Chairman of the Committee, then reported as follows:

The Select Committee appointed to report a plan, or any portion of "a plan of a State Constitution," having had the same under consideration, respectfully report the following proposed articles :

ARTICLE I.
Declaration of Rights.

I. No member of this State shall be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land, or the judgment of his peers. II. 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 manner to be prescribed by law.

III. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured, shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

IV. The privileges of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension.

V. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel and unusual punishments be inflicted, nor shall witnesses be unreasonably detained.

VI. No person shall be held to answer for a capital, or otherwise infamous crime, (except in cases of impeachment, and in cases of militia, when in actual 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 Legislature,) unless 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 shall be subject to be twice put in jeopardy for the same offence, nor shall he be compelled, in any criminal case, to be a witness against himself; ́nor be deprived of life, liberty, or

property without due process of law; nor shall private property be taken for public use without just compensation.

VII. When private property shall be taken for any public use, the compensation to be made therefor, when such compensation is not made by the State, shall be ascertained by a jury, or by not less than three commissioners appointed by a Court of Record, as shall be prescribed by law. Private roads may be opened in the manner to be prescribed by law, but in every case the necessity of the road, and the amount of all damage to be sustained by the opening thereof, shall be first determined by a jury of freeholders, and such amount, together with the expenses of the proceedings, shall be paid by the person to be benefitted.

VIII. Every citizen may freely speak, write, and publish his sentiments, on all subjects, being responsible for the abuse of that right, and no law shall be passed to restrain or abridge the liberty of speech or of the press. In all criminal prosecutions or indictments 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 libellious is true, and was published with good motives, and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact.

IX. No law shall be passed, abridging the right of the people peaceably to assemble and to petition the government, or any department thereof; nor shall any divorce be granted, otherwise than by due judicial proceedings; nor shall any lottery hereafter be authorized, or any sale of lottery tickets allowed within this State.

X. Any citizen of this State who may hereafter be engaged, either directly or indirectly, in a duel, either as principal or accessory before the fact, shall forever be disqualified from holding any office under the Constitution and laws of this State.

XI. All laws of a general nature shall have a uniform operation.

XII. The military shall be subordinate to the civil power. No standing army shall be kept up by the State in time of peace, and in time of war no appropriation for a standing army shall he for a longer time than two years.

XIII. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except in the manner prescribed by law.

XIV. No person shall be imprisoned for debt, in any civil action in mesne, or final process, unless in cases of fraud; and no person shall be imprisoned for a militia fine in time of peace.

XV. Foreigners, who are, or who may hereafter become, residents of this State, shall enjoy the same rights in respect to the possession, enjoyment, and descent of property, as native born citizens. XVI. This enumeration of rights shall not be construed to impair or deny others, retained by the people.

By order of the Committee.

Mr. GWIN offered the following resolution:

MYRON NORTON, Chairman..

Resolved, That this House resolve itself into a Committee of the Whole House, at half-past 12 o'clock this day, to take under consideration the report of the Select Committee appointed to report a Constitution, or any part thereof; and that the Secretary and Assistant Secretaries be required to prepare copies of said report for the use of the members.

With regard to this resolution, Mr. GWIN would merely state that the first eight sections of the report submitted by the chairman of the Select Committee, were from the Constitution of New York; all the others were from the Constitution of Iowa. There were several manuscript copies of the first part, and printed copies of the last, which would enable the Convention to proceed to business at the hour designated.

If

Mr. HALLECK stated that the committee did not consider this article (the declaration of rights) complete; but they had agreed upon it in a spirit of compromise, and with a determination to go forward with the work this morning. other members united with the committee in this effort, he thought the object could be accomplished.

Mr. ORD moved to amend Mr. Gwin's resolution by laying the report on the table, and making it the special order of the day for Monday, at 10 o'clock, A. M. Rejected.

Mr. JONES suggested that a portion of the House did not understand the language of this bill of rights. They required time to have it translated. Besides, it was desirable that the House should have time to examine other Constitutions. Mr. GWIN stated that a translation had already been made.

Mr. BOTTS was not, for his part, prepared to cast any vote that this important committee should dictate to him. He found, this morning, that the whole power of making this Constitution was consigned to the hands of twenty mem

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