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Mr. WOZENCRAFT objected to the proposition of the gentleman from Sacramento, (Mr. McCarver.) He thought it would only increase the difficulty. The facil ities for getting to the seat of government after a few years would be much greater than they are at present.

The question was then taken on filling the blank with the word "biennial," and decided in the negative.

Mr. NORTON's motion to insert "annual" was then adopted; and the question being on the second section, it was adopted, as follows:

SEC. 2. The sessions of the Legislature shall be annual, and shall commence on the first Monday in January next ensuing the election of its members, unless the Governor of the State shall in the interim convene the Legislature by proclamation.

The third section was then read, as follows:

SEC. 3. The members of the Assembly shall be chosen by the qualified electors of their respective districts on the Tuesday next after the first Monday in November, whose term of office shall continue

years.

Mr. TEFFT moved to fill the first blank with the word "annually;" the second blank with the word "one," and to strike out the letter "s" in the word "years" at the close of the section.

Mr. PRICE desired to see as few elections in this country as possible. He considered every two years often enough to elect members of the Legislature. There is always excitement in elections. When too frequent, they are prejudicial to the industrial habits of the community. He moved that the blank be filled so as to provide that elections shall be held every two years.

Mr. SHERWOOD said it occurred to him that the day fixed for the election of President of the United States was the Tuesday succeeding the first Monday in November. All our elections should be held on that day. He wished to be sure of this before the passage of the section.

Mr. SEMPLE informed the gentleman that it was on the Tuesday succeeding the first Monday in November. He moved further to amend the section by adding after the word " November," "unless otherwise directed by the Legislature."

The amendment was adopted, and the question then being on the adoption of the section as amended, it was adopted, as follows:

3. The members of the Assembly shall be chosen — annually by the qualified electors of their respective districts, on the Tuesday next after the first Monday in November, unless otherwise directed by the Legislature, whose term of office shall continue one year.

The question then coming up on the fourth section of the report, as follows: 4. Senators and members of Assembly shall be citizens of the United States, and be duly qualified electors in the respective counties and districts which they represent.

Mr. Borrs thought some provision was necessary to make this section perfect, inasmuch as there seemed to be a good deal of doubt whether a certain portion of the population here were entitled to the rights of citizenship without a special act of Congress. He desired to see all participate in the first election. This requires that, in addition to the qualification of elector, a man must be a citizen of the United States. If, however, those who were most interested in the matter had no objection to the section, he would not press any amendment.

Mr. GWIN thought the difficulty could easily be remedied. The qualification of an elector is that "every white male citizen of the United States," &c. It is an essential qualification. It would be easy to strike out citizen of the United States, and say, Senators and members of the Assembly shall be qualified electors.

Mr. BorTs moved to strike out the words "citizens of the United States and be." Mr. PRICE moved to amend by striking out the words "United States," and inserting "of the State of California," so as to read, "Senators and members of the Assembly shall be citizens of the State of California," &c.

Mr. McCARVER did not see the necessity of inserting "California" here. It seemed to him that they would be citizens of California as a matter of course.

Mr. PRICE would modify his amendment so as to read: "Senators and members of the Assembly shall have been citizens of the State two years" in order to be qualified electors. His object was to give electors a higher qualification than members of the Assembly.

The question was then taken on Mr. Price's amendment, as modified, and decided in the negative.

Mr. PRICE moved "one year" a resident of the State. Rejected.

Mr. SHANNON Could see no occasion for the introduction of any thing of this kind here. There could be no substantial reason for striking out the words "citizen of the United States." They were usual, he believed, in all the Constitutions of the States. There could be no objection on the score that it would leave out any of the original inhabitants of California. A previous article has fixed the qualifications of voters. No person can be a citizen of California, without first being a citizen of the United States.

Mr. DENT supposed a person could.

Mr. SHANNON remarked that supposition would not answer.

cessary.

Facts were ne

Mr. DENT said that, according to the clause of the Constitution which was debated last night, he believed persons were sometimes entitled to the elective franchise in States, who could not be considered as citizens of the United States.

Mr. SEMPLE was of a similar opinion, and referred to the case of Illinois, which, for many years, made citizens of the State who were not previously citizens of the United States.

Mr. SHANNON was not altogether convinced that this was the case. It was certain, however, that a great majority of the Constitutions of the United States contained these words.

The question was then taken on the motion to strike out the words "citizens of the United States and be," and decided in the affirmative.

The question then recurring on the 4th section, as amended, it was adopted, as follows:

4. Senators and members of Assembly shall be duly qualified electors in the respective counties which they represent.

The fifth section being under consideration, as follows:

5. Senators shall be chosen for the term of four years, at the same time and place as members of Assembly. No person shall be eligible to the office of member of Assembly except he shall have attained the age of twenty-one years, nor to that of Senator except he shall have attained the age of twenty-five years.

Mr. GWIN moved to strike out the word "four," and insert the word two, which was adopted.

Mr. PRICE moved to strike out all after the word "Assembly." His reason for this motion was, that in the previous section the qualifications of a representative were fixed, and therefore he considered the latter clause of the present section useless. The age of a representative is fixed at twenty-one years, and that of a Senator at twenty-five. He considered the people as the best judges of these mat. ters, and preferred leaving the age of their representatives unrestricted. It would be just as well to say Senators and Representatives shall not be over a certain age as to say they shall not be under a certain age. In fact it would be much better sense, for a young man may correct his errors, but in the case of an old man, there is no remedy.

Mr. BoTTs not only seconded this motion, but would endeavor to support it. There had been much discussion in the world as to what that period of life is at which a man arrives at the age of discretion. The common law has fixed it at twenty-one years, and the civil at twenty-five. It must be either one or the other. In the case of the legislator, it seems that the more general rule of twenty-one years is to prevail. Could any gentleman explain what there is in the Senate to make a member an immature man who was a mature man in the House below? He

is competent to be a legislator in the lower House, but if you carry him up a day older in the Senate, he is unfit to legislate. He (Mr. Botts) was aware that this provision was to be found in perhaps all the Constitutions; but he was opposed to retaining an absurdity because it was to be found elsewhere. This lower House is to have the right of originating bills. It is, therefore, the more important branch. But, in this provision, he who is fit to exercise the greater powers is unfit to exercise the lesser. This is an old aristocratic principle. He (Mr. Botts) had caused some pleasantry in the House on account of his reverence for gray hairs; but he hoped he would not be misunderstood now. It may be that a gen. tleman at twenty-one is not a proper representative, but if the people desire to have a gentleman at twenty-two, they can best judge as to his qualifications for the position, and should be entitled to elect him to the Senate.

Mr. McCARVER was not satisfied as to the propriety of striking out this clause, and allowing the people to elect persons to the Senate without reference to their age. He was in favor of leaving everything to the people, as a general rule, but as Constitutions are restrictions imposed upon the people by their own consent, and as this seemed to be a reasonable and proper restriction, he preferred letting it remain in the Constitution. He thought those gray hairs to which gentlemen so often alluded, were peculiarly appropriate in a body of so grave a character as the upper House of the State Legislature. When the young and inexperienced members of the lower House passed laws, he desired that those laws should be reconsidered and amended by older and wiser heads. It is but reasonable to sup. pose that maturity of judgment is acquired by the experience that age affords, and for this reason, as well as because it was a principle well tested, he would vote against the motion before the House.

Mr. SHANNON did not know what right this Convention had to put restrictions on the people. It was a body elected by their votes to carry into effect their wishes, not to prevent them from exercising their rights as freemen. He was decidedly in favor of the amendment. He wished the question of age left to the free judgment of the people. Let them send whom they please, either to the House or the Senate. They are best qualified to judge as to the capability of members. He had the pleasure, shortly before he left the United States, of listening to a debate in the Convention of New York on this subject. The result of it was, that in the new Constitution of that State, all restrictions of this kind were left out. He trusted the same republican policy would be adopted here.

The question was then taken on Mr. Price's motion to strike out all after the word Assembly, and decided in the affirmative, 15 to 10.

Mr. PRICE moved to amend by inserting in place of the words stricken out, the following:

And no person shall be a member of the Senate or Assembly who has not been a citizen and inhabitant of the State one year, and of the county for which he shall be chosen six months next before his election.

Mt. GILBERT rose to a question of order. A proposition had already been voted. upon which covered the same ground.

Mr. BorTs thought nothing would facilitate the business of the Convention more than a strict observance of the rules. He would therefore suggest to the Chair that any amendment substantially the same as one already voted upon, was exclu ded under the rules.

The CHAIR was of opinion that this became an original proposition when offered as an amendment to a distinct and separate section.

The question was then taken, and the amendment was adopted-15 to 11.

Mr. GWIN moved that the Committee rise and report progress. His object was to move a call of the House, in order to have a full vote and reconsider the motion last adopted. It was absurd to attempt to do business where so few members were present.

The Committee then rose, reported progress, and asked leave to sit again.

Mr. GWIN moved a call of the House, which was ordered, and twenty-six members answered to their names.

On motion, the Sergeant-at-Arms was directed to proceed, and require the at tendance of the absent members.

On motion, the Committee took a recess till half past 2 P. M.

AFTERNOON SESSION, 2 O'CLOCK, P. M.

On motion, a call of the House was ordered, and twenty-two members answered to their names.

On motion of Mr. GWIN, the Sergeant-at-Arms was directed by the President to require the attendance of the absentees.

Mr. GILBERT moved an adjournment until 8 P. M., but the motion was decided in the negative.

Mr. HOPPE submitted the following:

Resolved, That a committee of two be appointed by the President to obtain the names, age, native State, profession, or occupation of each member of this Convention, and how long each gentleman has been a resident of California.

THE CHAIR decided that the resolution was not in order, and that the gentleman could accomplish his object without the action of the House.

On motion, the House resolved itself into Committee of the Whole (Mr. Botts in the Chair) on the 3d Article of the Constitution.

Mr. GWIN moved further to amend Section 5th of Article III, on the "Distribution of Powers," by striking out the entire section.

A question of order here arose as to whether the substance of this section as it stood, was embodied in the previous section; when, after some discussion, Mr. Gwin withdrew his amendment, and the section as amended by Mr. Price, was adopted, viz:

5. Senators shall be chosen for the term of two years, at the same time and place as members of the Assembly. And no person shall be a member of the Senate or Assembly who has not been a citizen and inhabitant of the State one year, and of the county for which he shall be chosen six months next before his election.

On motion, the committee then rose, reported progress, and obtained leave to sit again.

The Convention then adjourned to 8 P. M.

NIGHT SESSION, 8 o'CLOCK, P. M.

On motion, the House resolved itself into Committee of the Whole on the report of the Committee on the Constitution.

The sixth and seventh Sections of Article III, on the Distribution of Powers, were taken up, and adopted without debate, as follows:

6. The number of Senators shall not be less than one-third nor more than one half the members of the Assembly, and at the first session of the Legislature after this Constitution takes effect, the Senators shall be divided by lot, as equally as may be, into two classes. The seats of the Senators of the first class shall be vacated at the expiration of the first year, so that one-half shall be chosen annually.

7. When the number of Senators is increased, they shall be annexed to one of the two classes, so as to keep them as nearly equal as practicable.

The eighth Section being under consideration, as follows:

8. Each House shall choose its own officers, and judge of the qualifications, elections, and returns of its own members. A contested election shall be determined in such manner as shall be directed by law.

Mr. PRICE said there seemed to be some clashing in this section between the first and last clause. Each House shall be the judge of the qualifications and returns of its own members, as provided for in the first part. The second part gives no force or effect to the section. He therefore moved to strike out all after the word "members."

Mr. NORTON said that, although the necessity of this clause might not have occurred to the gentleman, (Mr. Price,) it had occurred to the framers of nearly all the Constitutions throughout the States of the Union. Each House should, of course, be the judge of its own members, qualifications, and officers; but the manner of determining a contested election should be fixed by law. The Legislature, by this clause, determines the manner by law. It is perfectly consistent with the preceding clause, and simply directs the Legislature to provide the manner in which contested elections shall be decided. It is not only proper but absolutely necessary.

Mr. PRICE would like the gentleman to give him a better reason for retaining this clause, than the fact that it is to be found in the various Constitutions. He (Mr. Price,) professed to understand the English language, and he really could not see that there was any necessity for words which added nothing to the section in substance. It amounts to very much the same thing as giving power to the Legislature to form a law by which contested elections shall be decided, after you have already provided that the Legislature shall decide the elections and qualifications of its own members.

Mr. NORTON. This clause does not only provide for contested elections of the members of the Legislature; there may be contested elections in regard to the Governor, or Sheriff, or different county officers. It provides that the Legislature shall determine by law the manner in which these contested elections shall be decided. It is necessary to have some system of action laid down for the Legislature, so that proper notice may be given to the person holding the seat or office, and the person claiming it, and the manner in which the witnesses shall be summoned and examined, may be determined.

Mr. CROSBY remarked that if this last clause was adopted, the Legislature might pass laws that could settle the election of members for succeeding Legislatures. If its adoption therefore, was insisted upon, he would suggest the propriety of amending it so that all contested elections, except for members of the Legislature, shall be settled by laws passed by the Legislature, and that contested elections of members shall be decided by no law except the decision of the body in which those persons claim seats.

Mr. PRICE said that if a contested election in relation to Governor should come up, this clause has no bearing upon it. It simply provides that the laws shall direct and determine the manner in which a contested election (having reference to elections to the Legislature) shall be decided. He had no objection, if it was thought necessary, to make a separate section containing a general provision for all elections, except of members of the Legislature; but he did not think it should be included in this section.

The question was then taken on the amendment, and it was rejected.

The question recurring on the 8th section, as reported by the Committee, it was adopted.

The following sections were then taken up in order, read, and adopted without debate :

9. A majority of each House shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each House may provide.

10. Each House shall determine the rules of its proceedings, and may, with the concurrence of two thirds of all the members elected, expel a member.

11. Each House shall keep a journal of its own proceedings and publish the same; and the yeas and nays of the members of either House, shall, at the desire of any three members present, be entered upon the journal.

12. Members of the Legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest; nor shall they be subject to any civil process during the session of the Legislature, nor for fifteen days next before the commencement and after the termination of each session.

13. When vacancies occur in either House, the Governor, or the person exercising the functions of Governor, shall issue writs of election to fill such vacancies.

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