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The President announced to the Convention that he had received official notice from General Riley, that a national salute would be fired by his order, on the signing of the Constitution adopted by this Convention.
SATURDAY, OCTOBER 13, 1849.
The Convention met pursuant to adjournment.
On motion (the President being absent on acount of sickness) Mr. Sutter wa's called to the chair.
The Journal of yesterday was read and approved.
Resolved, That the thanks of this Convention be tendered to Brevet Brigadier General Riley, acting as Governor of California, for the kindness and courtesy which has marked his intercourse, private and official, with the members of this body.
Mr. Steuart, from the committee appointed to prepare an Address to the People of California, presented the following, which was unanimously adopted a
TO THE PEOPLE OF CALIFORNIA. The undersigned, Delegates to a Convention authorized to form a Constitution for the State of California, having to the best of their ability discharged the high trust committed to them, respectfully submit the accompanying plan of government for your approval. Acknowledging the great fundamental principles that all political power is inherent in the people, and that government is instituted for the protection, security, and benefit of the people, the Constitution presented for your consideration is intended only to give such organic powers to the several departments of the proposed government as shall be necessary for its efficient administration ; and while it is believed no power has been given which is not thus essentially necessary, the Convention deem individual rights, as well as public liberty, are amply secured by the people, still retaining not only the great conservative power of free choice and election of all officers, agents, and representatives, but the inalienable right to alter or reform their government, whenever the public good may require.
Although born in different climes, coming from different States, imbued with local feelings, and educated perhaps with predilections for peculiar institutions, laws and customs, the delegates assembled in Convention, as Californians, and carried on their deliberations in a spirit of amity, compromise, and mutual concession for the public weal.
It cannot be denied, that a difference of opinion was entertained in the Convention, as to the policy and expediency of several measures embodied in the Constitution ; but looking to the great interests of the State of California, the peace, happiness, and prosperity of the whole people, individual opinions were freely surrendered to the will of the majority, and with one voice we respectfully but earnestly recommend to our fellow-citizens, the adoption of the Constitution which we have the honor to submit.
In establishing a boundary for the State, the Convention conformed, as near as was deemed practicable and expedient, to great natural landmarks, so as to bring into a union all those who should be included by mutual interest, mutual wants, and mutual dependence. No portion of ter ritory is included, the inhabitants of which were not or might not have been legitimately represented in the Convention, under the authority by which it was convened ; and in unanimously resolving to exclude slavery from the State of California, the great principle has been maintained, that to the people of each State and Territory, alone, belongs the right to establish such municipal regulations, and to decide such questions as affect their own peace, prosperity, and happiness.
A free people, in the enjoyment of an elective government, capable of securing their civil, religious, and political rights, may rest assured these inestimable privileges can never be wrested from them, so long as they keep a watchful eye on the operations of their government, and hold to strict accountability, those to whom power is delegated. No people were ever yet enslaved, who knew and dared maintain the co-relative rights and obligations of free and independent citizens. A knowledge of the laws, their moral force and efficacy, thus becomes an essential element of freedom, and makes public education of primary importance. In this view, the Constitution of California provides for and guarantees in the most ample manner, the establishment of common schools, seminaries, and colleges, so as to extend the blessings of education throughout the land, and secure its advantages to the present and future generations.
Under the peculiar circumstances in which California becomes a State-with an unexampled increase of a population, coming from every part of the world, speaking various languages, and imbued (with different feelings and prejudices, no form of government, no system of laws, can be be expected to meet with immediate and unanimous assent. It is to be remembered, moreover,
that a considerable portion of our fellow-citizens are natives of Old Spain, Californians, and those who have voluntarily relinquished the rights of Mexicans, to enjoy those of American citizens. Long accustomed to a different form of government, regarding the rights of person and property as interwoven with ancient usages and time-honored customs, they may not at once see the advantage of the proposed new government, or yield an immediate approval of new laws, however salutary their provisions or conducive to the general welfare. But it is 'confidently believed, when the government as now proposed, shall have gone into successful operation, when each department thereof shall move on harmoniously in its appropriate and respective sphere; when laws based on the eternal laws of equity and justice shall be established; when every citizen of California shall find himself secure in life, liberty and property—all will unite in the cordial support of institutions, which are not only the pride and boast of every true-hearted citizen of the Union, but which have gone forth, a guiding light to every people groping through the gloom of religious supertition or political fanaticism. Institutions, which even now, while all Europe is agitated with the convulsive efforts of nations battling for liberty, have become the mark and model of government for every people who would hold themselves free, sovereign and independent.
With this brief exposition of the views and opinions of the Convention, the undersigned submit the constitution and plan of government for your approval. They earnestly recommend it to your calm and deliberate consideration, and especially do they most respectfully urge on every voter to attend the polls.
The putting into operation of a government which shall establish justice, ensure domestic tranquillity, promote the general welfare, and secure the blessings of civil, religious and political liberty, should be an object of the deepest solicitude to every true-hearted citizen, and the consummation of his dearest wishes. The price of liberty is eternal vigilance, and thus it is not only the privilege, but the duty, of every voter to vote his sentiments. No freeman of this land who values his birthright, and would transmit unimpaired to his children an inheritance so rich in glory and in honor, will refuse to give one day to the service of his country. Let every qualified voter go early to the polls, and give his free vote at the election appointed to be held on Tuesday, the 13th day of November next, not only that a full and fair expression of the public voice may be had, for or against a constitution intended to secure the peace, happiness and prosperity of the whole people, but that their numerical and political strength may be made manifest, and the whole world see by what majority of freemen California, the bright star of the West, claims a place in the diadem of that glorious Republic, formed by the union of thirty-one sovereign States.
BENJAMIN S. LIPPINCOTT,
M. M. McCARVER,
BENJAMIN F. MOORE,
MIGUEL DE PEDRORENA,
RODMAN M. PRICE,
ANTONIO M, Pico,
J. A. SUTTER,
JACOB R. SNIDER,
WINFIELD S. SHERWOOD,
WILLIAM C. SHANNON,
W. M. STEUART,
HENRI A. TEFFT,
M. G. VALLEJO,
THOMAS L. VERMEULE,
Joel P. WALKER,
0. M. WOZENCRAFT.
Resolved, That Mr. Hamilton, employed by this Convention to enroll the constitution upon parchment, be paid for his services the sum of five hụndred dollars.
Mr. Shannon moved a suspension of the rules to enable him to move a recon. sideration of the vote by whieh the resolution of Mr. Jones, submitted on the 9th instapt, was rejected ; bụt the motion was decided in the negative--jeas 16,
On motion of Mr. SHERWOOD, it was
Resolved, that the ten days additional services authorized by a resolution of this Convention to be performed by Mr. Howe, after its adjournment sine die, in completing the journal of the Committee of the Whole, and arranging the papers and reports necessary to a perfect understanding of the whole proceedings of this Convention, be performed by him, as customary in such cases, under the supervision of the Secretary of the Convention.
On motion, the Convention adjourned to 2 o'clock P. M.
AFTERNOON SESSION, 2 O'CLOCK P. M.
The Convention met pursuant to adjournment. The President, though in feeble health, resumed the Chair.
Mr. SHERWOOD, submitted the following resolution, which was unanimously adopted, viz:
Resolved, That Bvt. Brig. Gen. Riley should, in the opinion of this Convention, representing, as it believes, the wishes of the people, receive during his continuance in office as the Executive of the existing government in California, at the rate of $10,000 per annum, for his salary; and that Bvt. Capt. H. W. Halleck, Secretary of State, should receive at the rate of $6,000 per annum, for his salary.
On motion of Mr. McDougal, it was unanimously
Resolved, That the members of this Convention will wait on Governor Riley in a body, after the signing of the constitution.
Mr. Ord submitted the following resolution, which was unanimously adopted :
Resolved, That the thanks of this Convention be tendered to the Secretary, the Assistant Secretaries, the Engrossing Clerk, and other officers, for the able and efficient discharge of their duties.
On motion of Mr. Gwin, Mr. J. A. Sutter was requested to address Gov. Riley on behalf of this Convention, when it shall wait upon him in a body after the ad. journment sine die.
On motion of Mr. McCarver, the thanks of the Convention were tendered to the Trustees of Colton Hall for the use of that building during the sessions of the Convention.
The Convention then, on motion of Mr. McDougal, proceeded to sign the en. rolled constitution.
After which the President addressed to the Convention a few remarks, thanking them for the honor they had done him, and the courtesy they had always exhibited, and wishing them a safe and speedy return to their several homes.
And then, on motion of Mr. McCARVER, the Convention adjourned sine die.
The members thereupon proceeded in a body to General Riley's house. Captain SUTTER, in behalf of the Convention, addressed General Riley as follows:
GENERAL: I have been appointed by the delegates elected by the people of California to form a Constitution, to address you in their names and in behalf of the whole people of California, and express the thanks of the Convention for the aid and co-operation they have received from you in the discharge of the responsible duty of creating a State Government. And, sir, the Convention, as you will per. ceive from the official records, duly appreciate the great and important services you have rendered to our common country, and especially to the people of Cali. fornia, and entertains the confident belief that you will receive from the whole people of the United States, when you retire from your official duties here, that verdict so grateful to the heart of the patriot: “Well done, thou good and faithful servant.'
General Riley replied as follows :
GENTLEMEN: I never made a speech in my life. I am a soldier—but I can feel; and I do feel deeply the honor you have this day conferred upon me.
tlemen, this is a prouder day to me than that on which my soldiers cheered me on the field of Contreras. I thank you all from my heart. I am satisfied now that the people have done right in selecting delegates to form a constitution. They have chosen a body of men upon whom our country may look with pride ; you have formed a constitution worthy of California. And I have no fear for Califor. nia while her people choose their representatives so wisely. Gentlemen, I con. gratulate you upon the successful conclusion of your arduous labors ; and I wish you all happiness and prosperity,
[Here Gen. Riley was interrupted by three cheers from the members," as Go. vernor of California," and three more was a gallant soldier, and worthy of his country's glory.”]
He then concluded in the following words : I have but one thing to add, gentle. men, and that is, that my success in the affairs of California is mainly owing to the efficient aid rendered me by Captain Halleck, the Secretary of State. He has stood by me in all emergencies; to him I have always appealed when at a loss myself; and he has never failed me.
Members of the Convention of California.
Pueblo de San Jose..... Three years.
Pueblo de San Jose..... Three years...
Pueblo de San Jose.
Pueblo de San Jose..... Three years..
All my life.
All my life.
Pueblo de San Jose Pueblo de San Jose.
All my life
All my life.
Pueblo de San Jose..... Eleven years..
Pueblo de Los Angeles. Three years...
Four months. J. P. Walker. 52 Goochland County, Va.. Missouri.......... Sonoma.....
Thirteen months.. 27 Ireland, (Mayo)..
Three years....... 51 Massachusetts Massachusetts .. Angeles......... Angeles