to receive ten thousand dollars.

Had the Committee on Finance that much

money in their pockets to pay him with? Mr. CROSBY explained that the Reporter would be paid in the same manner as other officers of the Convention.

Mr. BOTTS opposed the appropriation of the civil fund for paying the expenses of the Convention, on the ground that neither General Riley nor the President of the United States, had a right to dispose of it, and that it could not be legally so appropriated without special act of Congress. (See debate on this subject, page 95.)

After further discussion, the question recurring on the adoption of Mr. Gwin's resolution, Mr. GILBERT called for the yeas and nays, which were ordered, and resulted as follows:

YEAS-Messrs. Aram, Brown, Crosby, De la Guerra, Dimmick, Dominguez, Foster, Gwin Hoppe, Halleck, Hastings, Hollingsworth, Jones, Lippitt, Lippincott, Moore, McCarver, Pedrorena Rodriguez, Reid, Snyder, Shannon, Stearns, Steuart, Tefft, Vallejo, Walker, President-28. NAYS-Messrs. Botts, Dent, Ellis, Gilbert, Hill, McDougal, Norton, Sherwood, Wozencraft-9. On motion of Mr. GWIN, the Committee proceeded to the consideration of the special order, being the report of the Committee appointed to ascertain and report who are or shall be delegates from San Diego.

The report, on motion, was read. Whereupon, Col. John B. Weller appeared as counsel for Mr. Richardson, and advocated at length his claim to a seat in this Convention, as a member elect from the District of San Diego

Further discussion ensued, by Messrs. Hill, Halleck, Tefft, Botts, Pedrorena, and Shannon.

Col. Weller replied-when Mr. GWIN submitted the following:

Resolved, That William H. Richardson be admitted to his seat as a member of this Convention, and that, in all votes taken in this House, the District of San Diego shall be entitled to but two votes; a majority of the delegates from that district to give the vote; but the dissenting member, on any vote by yeas and nays, shall have the privilege of entering his dissent on the journal.

The President ruled that the resolution could not be entertained, as the Convention had already decided as to the manner of casting the votes in Convention, and had also fixed the apportionment for San Diego at two members. A reconsidera. tion of the vote fixing the apportionment of the several districts, and declaring the manner in which the votes shall be cast in this Convention, would be necessary, before the resolution would be in order, as no resolution could be entertained in contravention of the law of the Convention. As the Convention had already decided that the vote therein shall not be given by districts, but by the members individually, the law of the Convention cannot be disregarded until changed in due process by the action of this body.

From this decision Mr. GWIN appealed, and proceeded to state his reasons for so doing.

The question being-Shall the decision of the Chair stand as the judgment of the Convention, it was decided in the affirmative.

Mr. GWIN requested that the decision of the President should be reduced to writing and entered upon the journal, and the Secretary was directed by the Presi dent to take down the words, and enter them accordingly.

Mr. GWIN also asked and obtained leave to have entered upon the journal a protest by himself against the decision of the President.

The question then recurring on the adoption of the report, Mr. WozenCRAFT asked to be excused from voting, but the Convention refused so to excuse him. Messrs. HILL and PEDRORENA were excused from voting on the question of adoption. Mr. GWIN asked the yeas and nays on the adoption of the report, and they were ordered. The question was then decided in the affirmative, as follows: YEAS-Messrs. Aram, Botts, Brown, Cobarruvias, Crosby, De la Guerra, Dimmick, Dominguez, Foster, Gilbert, Hanks, Hoppe, Halleck, Hastings, Hollingsworth, Jones, Lippitt, Lippincott, McCarver, Norton, Pico, Rodriguez, Reid, Sherwood, Shannon, Stearns, Steuart, Tefft, Vallejo, Walker, Wozencraft, President-32.

NAYS-Messrs. Ellis, Gwin, Moore, McDougal, Ord-5.

Mr. ELLIS submitted the following:

Resolved, That hereafter the claims of all persons to become members of this body, except such persons as have already been declared members by a vote of this Convention, shall be declared out of order, and shall not be entertained by this House.

On motion of Mr. MOORE, the Convention took a recess until 7 o'clock, P. M.

EVENING SESSION, 7 o'clock, p. M.

On motion of Mr. GWIN, the Convention resolved itself into Committee of the Whole, Mr. Botts in the Chair, on the report of the Committee on the Constitution.

Article VI of the report of the Committee was then adopted, without debate, as follows:

ARTICLE VI.-Militia.

SEC. 1. The Legislature shall provide, by laws, for organizing and disciplining the militia, in such manner as they shall deem expedient, not incompatible with the Constitution and laws of the United States.

2. The Legislature shall provide for the efficient discipline of the officers, commissioned and non-commissioned, and musicians, and may provide by-laws for the organization and discipline of volunteer companies.

3. Officers of the militia, shall be elected or appointed in such manner as the Legislature shall, from time to time, direct, and shall be commissioned by the Governor.

4. The Governor shall have power to call forth the militia, to execute the laws of the State, to suppress insurrections, and repel invasions.

Article VII of the report of the Committee then coming up

Mr. SHERWOOD moved to strike out the word "one," before the words "hundred thousand dollars," and insert the word "five.”

By this section we prevent the Legislature from creating a debt of over one hundred thousand dollars, in the aggregate, without submitting it to a vote of the people. He was in favor of submitting the question of creating a large debt to the people, but it may be necessary in carrying on the expenses of the Government to borrow temporarily more than that sum. In the State of New York there is a provision of a similar nature in the Constitution, but the amount is one million instead of a hundred thousand. In his opinion it might be necessary at some period-probably at the very first session of the Legislature, before a tax can be levied and collected, in order to keep the wheels of Government in motion-to borrow more than a hundred thousand dollars as a temporary loan. He would make it five hundred thousand. The expenses of this State would be larger than those of any other State, and this sum might be required.

Mr. NORTON said that the Committee were not particular in regard to the sum, but they thought it necessary to specify some definite amount. He thought himself that the circumstances of the country required that the sum should be increased, so that the Legislature should have the power to raise such an amount as might be indispensably necessary.

ed

Mr. SHERWOOD stated further that it was, in the view of the Committee, deemproper to reconsider this question, and fix the amount at a larger sum than that reported; but from some circumstance or other it was not reconsidered.

Mr. GWIN was utterly opposed to the amendment, to increase the amount of State debt to $500,000. If we could not carry on our State Government without contracting a debt of that magnitude, we were certainly starting wrong. This was a provision of the utmost importance. He hoped the report of the Committee would be received, or if the amount was to be increased that it would be in a very small ratio. He was opposed to the principle of permitting the Government to create a public debt at all, and would not go beyond the report of the Committee. Mr. McCARVER was of opinion that $100,000 was sufficient to pay the expenses of State Government, Iowa went into existence prohibiting the borrowing of over a hundred thousand dollars; and he did not see why we should not do so.

Nearly all the lands of Iowa were public lands and were not taxable by the State. He was of opinion that the sum should not at all events be over $300,000. If we went beyond that we created an indebtedness that might probably be entailed upon our posterity; and he was altogether opposed to the principle of borrowing money and making others pay it. The interest in a short time would amount to as much as the principal. It was impossible to borrow money here short of six to ten per cent. He believed that two, or, at furthest, three hundred thousand dollars would be sufficient. He would be willing to vote for that, but not one cent beyond it. Mr. HASTINGS observed that the gentleman seemed to labor under the impres sion that, if the sum of $500,000 was inserted instead of $100,000, a debt to that extent must necessarily be created. He conceived it was discretionary with the Legislature, and that probably no debt at all would be created. If it was ne cessary to provide for obtaining money when required, it was highly important that we should so form our Constitution that the Legislature might be able to meet the contingency. He would be willing to rely upon the good judgment of the Legislature. It could not reasonably be presumed that the Legislature would create a debt to the full amount of the authority given it, unless the public necessities demanded it.

Mr. SHERWOOD said that it would not probably be necessary to borrow money at all after the first organization of the Government. It would be necessary to raise some fund to put the wheels of government in motion; and to do that would certainly require over a hundred thousand dollars.

The question being on Mr. Sherwood's amendment to insert" five hundred thousand," it was rejected.

Mr. LIPPITT moved to insert "three" instead of "one."

The question being on this motion, it was adopted.

Mr. HILL moved to amend the latter part of the section so as to read “and such law shall be published in at least one newspaper in each Judicial District, if one is published therein, throughout the State, for three months next preceding the elec tion at which it is to be submitted to the people," which was agreed to. Article VII, as amended, was then adopted, viz:

ARTICLE VII.-State Debts. `

The Legislature shall not in any manner create any debt or debts, liability or liabilities, which shall singly or in the aggregate, with any previous debts or liabilities, exceed the sum of three hundred thousand dollars, except in case of war, to repel invasion, or suppress insurrection, unless the same shall be authorized by some law for some single object, or work, to be distinctly specified therein, which law shall provide ways and means, exclusive of loans, for the payment of the interest of such debt or liability as it falls due, and also to pay and discharge the principal of such debt or liability within twenty years from the time of the contracting thereof, and shall be irrepealable until the principal and interest thereon shall be paid and discharged; but no such law shall take effect until at a general election it shall have been submitted to the people, and have received a majority of all the votes cast for and against it at such election; and all money raised by authority of such law shall be applied only to the specific object therein stated, or to the payment of the debt thereby created, and such law shall be published in at least one newspaper in each Judicial District, if one is published therein, throughout the State, for three months next preceding the election at which it is submitted to the people.

Article IX was then taken up and passed, without debate, as follows:

ARTICLE IX.-Mode of Amending and Revising the Constitution.

SEC. 1. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives; and if the same shall be agreed to by a majority of the members elected to each of the two Houses, such proposed amendments shall be entered on their journals, with the yeas and nays taken thereon, and referred to the Legislature then next to be chosen, and shall be published for three months next previous to the time of making such choice; and if in the Legislature next chosen as aforesaid such proposed amendment or amendments shall be agreed to by twothirds of all the members elected to each House, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, in such manner and at such time as the Legislature shall prescribe; and if the people shall approve and ratify such amendments, by a majority of the electors qualified to vote for members of the Legislature voting thereon, such amendment or amendments shall become part of the Constitution.

2. And if at any time two-thirds of the Senate and House of Representatives shall think it necessary to revise or change this entire Constitution, they shall recommend to the electors, at the next election for members of the Legislature, to vote for or against a Convention; and if it shall appear that a majority of the electors voting at such election have voted in favor of calling a Convention, the Legislature shall, at its next session, provide by law for calling a Convention, to be holden within six months after the passage of such law, and such Convention shall consist of members not less in number than that of both branches of the Legislature.

On motion of Mr. WOZENCRAFT, the Committee then rose, reported Articles 6, 7, and 9, to the House with sundry amendments, and had leave to sit again.

The House then, on motion of Mr. MCDOUGAL, resolved itself into Committee of the Whole, Mr. Botts in the Chair, on the report of the Committee on the Boundary.

A sufficient number of copies of the report not being prepared for the use of the members,

The Committee, on motion, rose and reported progress, and obtained leave to sit again.

Mr. GWIN moved to take up the bill of rights, as reported to the House, and commence its consideration.

Mr. NORTON thought it proper that the entire Constitution, as passed in Committee of the Whole, should be before the House, before any portion of it was taken up for final action.

Mr. HALLECK called attention to the fact that each article, as finally acted upon, must be given to the translator after a very careful revision, so that Spanish copies could be made for the use of the Spanish delegates at the same time with the English copies.

Mr. Borrs hoped the bill of rights would not be taken up to-night. He moved that the House adjourn till 10 o'clock to-morrow.

Mr. GILBERT suggested that the bill of rights should have its first and second reading, which was merely formal.

Mr. NORTON hoped that the House would adjourn, in order to afford the Committee on the Constitution an opportunity of holding a meeting. The House then adjourned.

SATURDAY, SEPTEMBER 22, 1849.

In Convention. Prayer by the Rev. Padre Antonio Ramirez.
The Journal of yesterday was read and approved.

The rules of the House were then amended, in pursuance of notice given by Messrs. Gwin and Jones.

Mr. DIMMICK, from the Committee on the Constitution, made a minority report on the subject of the Judiciary, which was read and referred to the Committee of the Whole.

On motion of Mr. Borts, the Secretary was authorized to take such measures as he might deem proper to secure the papers and records of the Convention.

On motion of Mr. MCDOUGAL, the House then resolved itself into Committee of the Whole, Mr. Lippitt in the Chair, on the report of the Committee on the Boundary.

The question being on the adoption of the report of the Committee, which proposes the following as the boundary, viz:

Commencing at the northeast corner of the State, at the intersection of the parallel of latitude forty-two degrees north with the parallel of longitude one hundred and sixteen degrees west, thence south upon and along that parallel of longitude to the boundary line between the United States and Mexico, established by the treaty of peace ratified by the said Governments at Queretaro on the 30th day of May, 1848; thence west upon and along the said boundary line to the Pacific ocean; thence in a northerly direction following the course of the Pacific coast to the said parallel of fortytwo degrees of north latitude, extending one marine league into the sea from the southern to the northern boundary, and including all the bays, harbors, and islands adjacent to the said coast; and thence east from the said coast at latitude forty-two degrees north, upon and along that parallel of latitude to the place of beginning.

Mr. MCDOUGAL said: This question is so important that I would suggest some course of action, on the part of the Committee of the Whole, for the purpose of order and convenience in the despatch of business. I understand that there are a variety of opinions in relation to the proper boundary of this State. I therefore suggest that gentlemen who intend to introduce propositions on the subject present their various amendments. Let these amendments be copied by the Clerk, and copies furnished at the earliest practicable moment for the use of the members. I differ, myself, from the Committee that made this report, as to the line therein proposed. I shall therefore offer an amendment; and, as I presume others will come up, I hope the course which I have suggested will be pursued. For the present, without explaining the line which I propose as a boundary, I will simply present my amendment:

That the boundary of the State of California shall include all that tract of country from the 105th degree of longitude west from Greenwich to the Pacific coast, and from the 32d to the 42d degree of north latitude, known as the territory of California; also, the harbors, islands, and bays adjacent and along the Pacific coast; also, to extend three English miles into said Pacific ocean and along the coast thereof from the 32d to the 42d degree of latitude north; but if Congress should not grant or adopt the boundary herein set forth, then the boundary to be as follows, viz: commencing at the point of intersection of the 42d degree of north latitude, and of the 120th degree of longitude west from Greenwich, and running south on the line of said 120th degree of west longitude until it intersects the 38th degree of north latitude; thence running in a straight line in a southeasterly direction to the boundary line between the United States and Mexico as established by the treaty of May 30th, 1848, and at a point where the 116th degree of west longitude intersects said boundary line; thence running west and along said boundary line to the Pacific ocean, and extending therein three English miles; thence, running in a northeasterly direction and following the direction of the Pacific coast to the 42d degree of north latitude, to the place of beginning; also, all the islands, harbors, and bays along and adjacent to the Pacific coast.

Mr. SEMPLE. I desire to make a few remarks, which I think may be of some service to the House on this subject. I conceive that our object is not so much to define the particular line of boundary, provided it does not run west of the range of California mountains, known as the Sierra Nevada; that it is not important about the territory on the other side, but that the great object now is to secure the admission of California as a State into the Union. There may be other questions which involve great difficulty, connected with this boundary, in the Congress of the United States. It would therefore seem proper for California to define her northern and southern boundary, and leave her eastern boundary open, subject to the action of Congress, with a proviso, that Congress shall not extend the boundary west of the Sierra Nevada. It is evidently not desirable that the State of California should extend her territory further east than the Sierra Nevada. That is the great natural boundary; better than military fortifications, to secure us from any danger from the interior. Beyond that we do not desire; but if Congress think proper to include it, it would probably be our policy to abide by that decision. It seems to me that this course is the proper one. Let us establish our northern and southern lines, and our western line, including the bays along the coast, and lands lying between the crest of the Sierra Nevada and the Pacific, and leave the Eastern line to the discretion of Congress. It would be a great draw back to this country to be left three or four years without a State Government, while Congress is debating our boundary. We must therefore, as a primary consideration, adopt such a course as will be least calculated to produce dissension in the halls of Congress. If we secure this valley lying between the Sierra Nevada and the Pacific it is all we desire. It is the limit formed by nature for this State. But if it is at all likely, after the Constitution is carried to Washington to be ratified, that a definite eastern boundary would delay our admission as a State, it is an important matter that we leave it to be settled there. Those great and exciting questions which have distracted Congress for years ought not to be brought up there by any course which we may pursue. This is the true policy of California. In almost all the other States, which have been admitted into the Union, the only material difficulty has been in regard to boundaries. It was the cause of the difficulty between Missouri and Iowa, Michigan and Ohio. In one instance, in the latter case, the military were called upon to settle the boundary line. This is the consequence of asking too much territory. If we ask for little, it seems to me that Congress would be willing to grant it; and we might insert a proviso in our Constitution that, if Congress desires to add the territory east of the Sierra Nevada, hereafter that portion may be introduced with the consent of the Legislature of California. It is a very doubtful question what is the disposition of Congress in regard to our eastern boundary. But I think it should be left to the discretion of Congress. When settled by Congress, it will be as definitely settled as if we had fixed it in our Constitution. It is said by members of Congress that one portion of the Union refused to settle the question, in regard to California, at the last session, on principle; another portion as a point of honor. It would appear that each party is determined never to yield on this question. If we can avoid exciting these sectional prejudices, it will be greatly to our interest. It is highly desirable that we should have a regularly organized Government, and I think this is the best course to effect that object.

The CHAIR thought it desirable, before the House proceeded any further in this discussion, that every member should clearly understand the different eastern boundaries proposed by the report aud the amendment.

[The Chair then read the report and amendment in juxta-position.]