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elected could not receive official notification in time to go on.
It may not be generally known in this country that, in the appropriations made by Congress, it is a rule of Congress that the appropriation bills shall all be reported within sixty days after the meeting of Congress at the long session. If we send our Members and Senators there to take their seats on the 1st of January, they will be in full time to ask for appropriations for breakwaters, light-houses, and other purposes. But if the representation from this State do not get to Washington before the last of January, when these appropriation bills are reported, they will find the thirty millions of dollars appropriated, and California will find herself in the background. The statement of the Senators and Members, even if they were not admitted offi. cially, would be listened to, and would have a beneficial influence. Hence, sir, it is a matter of the greatest importance that, if we can possibly organize our government, and send on our Senators and Representatives on the 1st day of December, we should do it; and if this Convention decides upon
there is plenty of time; and inasmuch as there are important interests of this State that can be promoted in the Congress of the United States by the advance of one month in the appearance of our Representatives there, I hope it will determine to elect these officers in time for the steamer of the 1st of December.
Mr. HILL. I think the time is too short from the 7th to the 27th of November.
Mr. SHERWOOD. By an oversight of the Committee the 7th was fixed upon. It should be the 6th of November.
The question was then taken on the amendment of Mr. Botts, and it was adopted.
Mr. Jones. I would now merely suggest to the House the difficulty which will necessarily attend this first date. In the first place, we cannot adjourn before the 10th; then it will take at least four days for this Constitution to be drawn up and the official copies made and sent to San Francisco. If it is to go to San Francisco to be printed, it will take eight days to get it.printed, bound, and ready to be sent, to the several districts; and it will take ten days to go from San Francisco to Los Angeles, and two or three days more to San Diego. That will bring it to the 3d day of November at Los Angeles, and the 5th of November at San Diego. Thus you cannot have it voted upon by the people on the 6th day of November, without even allowing for accidents.
Mr. SHERWOOD. If we adjourn here on the 9th of this month ; say it takes three days to get it to San Francisco, that is the 12th ; eight days 10 print it would, be the 20th; ten days to send it to Los Angeles would be the 1st of November; that would leave six days there and four days at San Diego. But the members of this Convention who go down, will circulate the substance of this Constitution ; they will take copies down with them, and submit them to the people in advance. Besides, the rainy season is coming on, and the longer you put off this election, the less voters you will get.
Mr. HILL. All I ask for the people of San Diego is, that they may have a chance of reading this Constitution before they vote upon it. If we adjourn upon the 9th, this Constitution has to be made up and sent to San Francisco. Taking into consideration the length of time that it will require to print and distribute it, I consider the time allowed altogether too short. If there were express horses on the road, it might do ; but there are none. I think the shortest time that you can possibly make your Constitution reach San Diego, would be about the day of the election. There would not one in twenty have a chance of reading it. If the House order copies to be written and furnished to the District of San Diego, by the delegates when they leave here, I have no objection. I see the necessity of having this election take place as soon as possible, and I am not opposed to the 6th of November on any other ground than the impracticability of having it at so early a period. I would be very glad if it could be held on that day.
Mr. Gwin. I agree with the gentleman that these copies can and ought to be made out. I understand that the mail rider who was to have started yesterday morning is still here ; and I think the Governor can keep him until these copies
are written out. I have no doubt we have clerks here who can very soon' make out such a number of copies as will be required, and have them ready in time.
Mr. TEFFT. The members here themselves can take 'copies down to their respective districts. I have before me a perfect copy of the constitution, and I intend to take it home. Nearly every delegate has an entire copy lying on his tahle. He will have this ready to take with him as he starts. This is a matter of calculation, and I am well convinced that the constitution can be placed before the people of San Diego, even the printed copies, on or before the 1st day of November.
Mr. PRICE. I am in hopes the earliest day may be fixed for holding the elec. tion. I see no reason why the constitution cannot be sufficiently circulated in the most remote districts in proper time. The steamer of the 1st of November, will be at San Diego on the 4th or 5th, and there will be sailing vessels that will start before, and run down in a very short time. At this season of the year, a vessel will arrive there in four or five days.
Mr. HILL. All I ask is, that the constitution may be laid before the people of San Diego in time for them to read it, and make up their minds how they shall vote.
Mr. NORIEGO. In my opinion, the date fixed upon for the election is far too early. Even supposing you could finish your business by the 10th, it would be necessary to make out a revised and complete copy, have it translated, and revise the translation. It must be put in such language as will be fit to send to the press. The Interpreter has not as yet had any portion of the engrossed copies presented to him to make a clear and correct translation from. It will have to be revised by some of the Spanish members themselves; they wish to see that the language is correct. I do not see how it is practicable to have this prepared and sent down to the southern districts by that date. I think the earliest date should be fixed at the 20th instead of the 7th of November. It is a great evil that we should be de. layed a single day ; but I consider it absolutely necessary that the people should have a few days to examine the constitution submitted to them, before they de. termine upon it.
Mr. BOTTs. After hearing what has been said on this subject, I have changed my opinion very much about it. I am inclined to think I shall go for the latest day. We do, in this proposition of the 6th of November, hurry this thing in a most extraordinary manner. The people ought to have time not only to read, but to understand, to consider---yes, sir, and to discuss the provisions of this constitution. That is infinitely more important than an early day. The people of San Jose and Monterey want all and more than the iime that is proposed under this section, to consider what their representatives have been doing here. It has taken us thirty days to consider this, and we tell the people of San Diego they must consider it in two days or one day—probably in thirty minutes. This is the previous ques. tion, sir; and the previous question brought to bear upon the people with a vengeance. It will not do.. As to the consideration that has been urged here of sending down written copies, I do not think that subject has been properly considered. These manuscript copies must be certified copies; and the copies that gentlemen take from their tables are not the correct copies necessarily of this constitution. It is not a garbled constitution that ought to go to the people. You must send down certified copies. Remember, you have given an order for the printing of this Constitution, and probably your printed copies may cost you sixty cents a copy What will your manuscript copies cost you ? Sixty dollars, sir! I guarantee that you may write dollars for cents. To thrust this constitution down the throats of the people in this manner, whether they will or no, is not the way to receive their unanimous vote.
Mr. STEARNS. I shall offer an amendment: to insert in place of Tuesday, the 7th, the 4th Tuesday of November. It would be impossible for the constitution to be circulatod before the 7th.
"Mr. SHANNON. I think the time between the adjournnsent of the Convention and the holding of the election, and between the day of the election and the day of canvassing the votes, is in rather bad proportion. We might very well extend the first time by limiting the latter. We might have the canvassing day on the 7th of December, and give the time thus gained to the time previous to the elec. tion; take a week from that, and add a week to the other. I do not think we will gain any thing by attempting to force this election at so early a day as the 7th of November, We ought to allow the people time to reflect and consider upon the constitution which we submit to them. While the time proposed by the gentleman from Los Angeles (Mr. Stearns) is too long, I think this is too short. I think it is of more importance that the Constitution should be well con. sidered here, and receive the deliberate sanction of the people, than any of those considerations urged in reference to sending our representatives to Congress. I move to insert the 2d Tuesday of November.
Mr. Gwin. I believe the first question to be decided is whether we shall have this election on the 1st Tuesday in November. If the House determine to hold it on that day all the other motions fail. If it is stricken out, it will be the sense of the Convention that we should have a later day. In order to have a direct vote, I move to strike out that date, and leave the blank to be filled
up. Mr. STEUART. I rise to appeal to the gentlemen from Sacramento, who are familiar with the difficulties of communicating information through that region, whether these difficulties do not exist. I really and honestly believe that a vast number of persons who are coming in by that route, and hundreds of citizens of California here, do not know we are holding this Convention. It was not until the members had left Sacramento City that I was informed of it, even seven miles off. I know of hundreds who did not hear even that such a thing was proposed. It is utterly impossible--I do not care how many expresses you send to dissemi. nate this information throughout that region in time to hold the election at the time proposed. I hope, therefore, that we shall have a longer period.
Mr. HILL. So far as the time of holding the election is concerned, we are proceeding rather too fast in fixing that tiine. We may. sit twenty days longer in this Convention. In reference to the express, I desire to state for the informa. tion of the House, that I was in Los Angeles, and the average time of the express was twenty days--sometimes thirty days. I hope the House will not force upon the lower districts this constitution, without giving the people time to consider it.
Mr. SHERWOOD. If this time is extended from the 6th to the 13th of Novem. ber, I have no objection to its being so extended, but I certainly cannot vote to go beyond that date. I desire, with all other gentlemen, that sufficient time shall be given for the full consideration of this constitution. As to the adjournment of this Convention, I shall be for fixing, if possible, the very earliest day, in order to drive us to an adjournment. I cannot consent to sit here much longer than one or two days next week.
Mr. STEARNS. I withdraw my amendment in order to let the gentleman (Mr. Gwin) move to strike out the 6th.
Mr. GWIN. I move to strike out the 6th of November.
Mr. DIMMICK. I am in favor of having this left blank for the present, because it is uncertain how long a time will be spent in Convention, and if you fix the time now, it may be that that time may elapse before we get through with our business here. I understand that certain legal gentlemen are writing out speech. es in regard to the decisions of the Supreme Court of the United States, and if we are to wait until they are prepared and delivered, I presume a month will be spent here before this Constitutian is completed
The question was then taken on Mr. Gwin's motion to strike out the date in the section, and it was adopted.
Mr. STEARNS then renewed his motion to insert the 4th Tuesday in November. Mr. HOPPE. If it is in order, I should like to move an amendment.
The CHAIR stated that it was not in order, because there were two amend. ments pending.
Mr. HÓPPE. If the amendments now pending are rejected, I shall move to in. sert the 20th of November. The members of this Convention have all admitted, that by the 5th day of November, the constitution can be sent to the farthest extremity of California. In that event, the people of the different districts would have fifteen days for reading, discussing, and digesting the articles therein proposed. I am in favor of having this election as soon as possible, but I am not willing to vote for a day that will compel a large portion of the people to take up the constitution and read it, and immediately vote upon it. No man can get the full sense of a constitution by a mere reading of it. The people should have an opportunity of assembling together, comparing their views, and discussing the subject fully. I believe fifteen days is the least time within which they can carefully read, digest, and come to a deliberate judgment upon the provisions of this constitution, and I would therefore move to insert the 20th of November.
Mr. Jones. I would suggest that the other blanks be filled with the words “ December the 20th and December the 25th,” thus giving ample time to the Le. gislature to elect Senators and Representatives to start in the steamer of the 1st of January. If you defer the election to the 13th of November, of course the Sen. ators and Representatives cannot start before the first of January. This will give them ample time.
Mr. HALLECK. I shall vote for the second Tuesday in November. I think that will give us plenty of time, even including the long speeches on constitutional ques. tions with which we are threatened. I was in favor of the 7th of November when reported by the Committee, because I then anticipated that the Convention would adjourn in time for that date ; but as such is not likely to be the case, I think the second Tuesday will be the proper date to insert.
After further discussion, Mr. Stearns withdrew his motion.
On motion, leave of absence was granted to Mr. Sansevaine, in consequence of sickness in his family.
On motion, the House took a recess till half.past 3 o'clock, P. M.
AFTERNOON SESSION, 3} O'CLOCK, P. M. Mr. Gwin submitted the following resolution, which was adopted after a short debate, viz:
Resolved, That this Convention will adjourn sine die on Tuesday the 9th inst.
Mr. McDougal moved a suspension of the rules, which being agreed to, he submitted the following resolution, which was adopted, viz :
Resolved, That no member shall speak longer than five minutes on any matter before this body,
The House then, on motion of Mr. Gwin, resolved into Committee of the Whole, Mr. Gilbert in the chair, on so much of the report of the Committee on the Constitution as relates to the “ Schedule.”
Section 6 of the report of the Committee being under consideration
Mr. Borts moved to amend by adding at the end thereof the words : 66 And the Executive will also, immediately after ascertaining that the Constitution has been ratified by the people, make proclamation of the fact; and thenceforth this Constitution shall be ordained and established as the Constitution of California ;" which was agreed to.
On motion of Mr. Gwin, the dates in the section were all stricken.out.
On motion of Mr. WOZENCRAFT, the words “ or printed ” were inserted after the words “written;" and thus amended, the section was adopted.
Section 7 then being under consideration, as follows, viz: 8pc. 7. If this Constitution shall be ratified by the people of California, the Executive of the existing government shall immediately after the same shall be ascertained in the manner herein directed, cause a fair copy thereof to be forwarded to the President of the United States, with the respectful request of the people of California that it may be laid before the Congress of the United States. And the Executive will also immediately after ascertaining that this Constitution has been 80 ratified, make proclamation of that fact; and thenceforth this Constitution shall be ordained and established as the Constitution of California.
Mr. Gwin. Inasmuch as the latter clause of this section has been placed in the 6th section, I move the following substitute :
If this Constitution shall be ratified by the people of California, the representatives to Congress, elected as before provided for, shall immediately proceed to Washington, and laying a fair copy thereof before the Congress of the United States, request in the name of the people of California, the admission of the new State of California into the American Union.
I offer this, because the House has decided, by unanimous vote, that immediately upon the ratification of this constitution by the people, we will establish the State government; and when that is done, we are one of the sovereign States of this Contederacy, and as such we are entitled to our Senators and Representatives in Congress.
Mr. COVARRUBIAS. I am opposed to this amendment. It may be liable to great disadvantages. In case these representatives should not reach Washington the Constitution would not be presented at all. It is far safer to desire the present Executive of California to forward it. Then it would be sure to arrive.
Mr. HALLEĆK. The article, as reported by the Committee, shows the way pursued by other new States. It strikes me as a more legitimate way than that proposed by the gentleman from San Francisco, to bring it before the two Houses of Congress through the President of the United States. The Senators and Repre. sentatives going from here can carry certified copies with them. They are not received and recognized until after the constitution has been approved, and the State is admitted as a inember of the Union. The article reported by the Com. mittee takes the most appropriate course. It certainly will be more advantageous to the constitution to be laid before Congress through the President of the United States, than to have it go in by the back door, by Senators and Representatives who have not been, and will not be received by Congress until it is acted upon.
Mr. Gwin. Our situation, sir, is entirely different from that of any other State ever admitted into the Union. In the first instance we have had no territorial government; no delegates in Congress to represent our interests. Every other Štate admitted into the Union had its territorial representatives, and until they were admitted the government went on as before. In our case, it is altogether different. We have determined by the unanimous vote of this body, that as, soon as our constitution is ratified by the people this government shall go into operation. We elect our Governor, and all the subordinate officers of the State ; we are a State to all intents and purposes. Being a State, we send our Senators and Representatives to the Congress of the United States, not as a State going out of a territorial into a State government, but as a State that has sprung full grown into existence; and when we officially notify the Congress of the United States that we are a State, we do it through our duly elected Representatives, who'ap. pear there to demand admission into the Union. If the official notification of our formation of a State government, and going into existence as a State, is sent there by our Representatives, they make it at the bar of the House, and present this Constitution, and the Congress of the United States say then, that inasmuch as the people of California have formed a State Constitution which is republican in its character, therefore, according to the provisions of the Federal Constitution, we recognize them as a part of this Confederacy. Nothing else is to be done. We are then either a State, or our Representatives come back.
Mr. HALLECK. In reply to these remarks, it is only necessary to repeat what has come from the same source before that we cannot bully the Congress of the