had been ordered by the people. Another Legislature directed by statute the election of delegates to this body. It was held, and the persons elected presenting themselves here, at the hour set by the Legislature, were organized by the desig nated authority, and took an oath to support the Constitution of the State, and to discharge the office of delegate. After all this, in presence of elements of disorder, which threaten destruction of all conservatism, the undersigned cannot permit them-cessive forms into which the sovereign resolves itself, are but sy stems of organization selves to be styled revolutionists, nor this body, as one ignoring constitutions and all legal forms, limitations, and restraints, without entering their solemn protest and dissent. This doctrine of the sovereignty of the Convention was expressly denied by the founders of the National Constitution. Mr. Wilson, of Pennsylvania, of whom it is said, he was one of the profoundest jurists our country has ever produced, said in regard to the power of the Convention: "I conceive myself authorized to conclude nothing, but to be at liberty to propose anything "" This doctrine received the concurrence of Governor Randolph, of Virginia, James Madison, Mr. Paterson, of New Jersey, and of the Convention. The independence of the Convention and its sovereignty was asserted by Mr. Dana, of Pennsylvania, in eighteen hundred and thirty-six. This was followed up in an Illinois Convention in eighteen hundred and forty-seven, and stil later, in Kentucky and Massachusetts, in eighteen hundred and fifty-three. To those who desire the restatement and adoption of this theory, the tracing of these attempts to foist this doctrine upon Constitutional Conventions, down to their adoption, in effecting the actual withdrawal of eleven States of this Union from their allegiance to it, will be, if not a pleasant, still a most instructive employment. The undersigned have no wish for such restatement, nor for any further experience founded upon it. We persuade ourselves, however, that this Convention will reject all such vagaries, and will not accept the office, nor undertake to proceed upon the theories, nor to any extent discharge the functions of a revolutionary Convention, and that it will leave the claim of the sitting member to stand or fall upon the Constitution alone. Every one must be aware that Constitutions owe their maxims and existence to the abuses resulting from the too great concentration of power in few or single hands. This idea was 80 fully conceded in the act of creating the Federal Constitution, that the only question largely debated was from which of the departments into which government was resolved was it that most danger was to be apprehended. In the country from which the first Colonists came, for many centuries the Judges had been the personal advisers of the Crown. The duties they discharged were often of a political character. In the contest with the Colonies, they were, many of them at least, the enemies of the Colonists. America was smarting under indignities advised by the Judges and Chancellors of England. It was in view of this historical fact that American statesmen, in distributing the powers of government, undertook at least to separate them by insurmountable harriers. Especially was the intention manifested of cutting off the judicial from all junction, overlapping, or intermingling with any other department of government. In short, we believe that a Judge is forbidden to perform or in any way to represent any function of a public character, during the term for which he was elected, other than those judicial in character, and we believe further that it is a conclusion justified by reason and authority. It must be borne in mind that constitutional questions are not to be passed upon like those presented in a plea in abatement or special demurrer. As to these it may be right to stand upon precise terms. Treaties and Constitutions require a larger and more comprehensive view, by which the true intention of their terms may be sought. As to such instruments, "haeret in litera, haeret in cortice." The whole scope and purpose must be ascertained from all that is in and around the fact of the creation of the instrument to be interpreted. The Committee of the Judiciary seem to put their resolution upon the ground that the word "office" does not properly indicate the function or place of a delegate in this Convention. The language of article six, section sixteen, is as follows: "The Justices of the Supreme Court, and the District Court, and the County Judges, shall be ineligible to any other office than a judicial office during the term for which they shall have been elected." The committee make the whole question turn upon the interpretation of this word "office," and hold that it is not applicable to membership in this body. The undersigned do not concur in this opinion, and if we did, we do not see how it would strengthen the claimant's position. Article III of the Constitution declares: "The powers of the Government of the State of California shall be divided into three separate departments-the legislative, the executive, and the judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except in the cases hereinafter expressly directed or permitted " The People vs. Sanderson, reported in 30 Cal., 160, we think is an authority which, accepted and fairly construed, is decisive of this controversy. The case was quo warranto to settle the title of the Chief Justice of the Supreme Court to hold a seat in the Board of Trustees of the State Library. In the information or complaint, in the defendant's demurrer, in the judgment below, in the statutes, and in the briefs of counsel, the right in dispute is called an office. The Court nowhere call it such, nor do they allude to the designation as affecting their decision. This went the whole length of asserting that the Legislature could not impose upon a Judge "any other duties than those of a judicial nature." After reciting the third article above recited, the Court quote Burgoyne vs. The Board of Supervisors of San Francisco, 5 Cal., 9. That case, after reference to Article VI, says: "From which it follows, no duties except of a judicial character can be conferred on the Court of Sessions, inasmuch as the officers composing those Courts are persons charged by the Constitution expressly with the performance of judicial duties." To further emphasize their view, the Court, in the main case, proceed to assign as a reason why a judicial officer could execute no other duties, that "no provision is to be found in the Constitution expressly directing or permitting a Justice of the Court to exercise any function appertaining to either of the above departments of government." In pursuance to this larger and more comprehensive interpretation to which we have referred, this Court say: "This provision of the Constitution, so far as it relates to the judicial department of the State, is, in our judgment, eminently wise. One of its objects seems to have been to confine Judges to the performance of judicial duties, and another to secure them from entangling alliances with matters concerning which they may be called upon to sit in judgment; and another still, to save them from the temptation to use their vantage ground of position and influence to gain for themselves positions and places from which judicial propriety should of itself induce them to retrain." The Court then decide, "that, as the duties of a trustee do not appertain to the judicial department of the government, the Chief Justice could not execute them." The impropriety of the action contemplated in the resolution reported by the committee, and the justice and necessity of the above opinion, is decisively enforced by the results of its adoption. If anything is certain to be done by this Convention, it is a remodeling of the judicial department. One of the propositions already passed upon by the Judiciary Committee, and to be reported to this Convention, is the abolition of the District Courts, their name even is to be erased from the Constitution, and yet the majority resolution would retain a gentleman here who will be required to pass upon the further existence of his office and its emoluments, and perhaps to determine the result by his single vote. "No one ought to be judge in his own cause" is a legal maxim hitherto held to be of universal application. We think further that a delegate to this Convention is the holder of an office in the sense that word is used in the Constitution. Jameson's book upon the Constitutional Convention, section three hundred and twenty-four, thus states his view: "In my judgment, there can be but little doubt that a member of a Convention is, vention is a part of the apparatus by which a sovereign society does its work as a political organism. It is the sovereign as organized for the purpose of renewing or repairing the governmental machinery. That same sovereign, as organized for the purpose of making laws, is the Legislature; as organized for the purpose of apply. ing or carrying into effect the laws, it is the judiciary or the executive. These suchaving relation more or less directly to the government of the society. Together they constitute the Government.". Mr. Webster, in his great argument in the Rhode Island case, adopts upon this point equivalent terms. The only case we have found which seems to deny the foregoing is that of The People vs. Provines, 34 Cal., 520. It is a noticeable fact that this decision, as it is called, asserts itself as an act of judicial legislation. After reciting all the California and other cases, the Court say: "From them we deduce the following general rule, as embodying the law of the present case as it now stands: the third article of the Constitution prohibits all per sons charged with the exercise of functions which are in their nature of either a legislative, executive, or judicial character, from exercising the functions of either of the other two classes." Having thus stated the actual condition of the law, the Court, with an admission that it was entirely unnecessary to disturb that condition, proceed to contrast the soundness of a long and unbroken stream of California decisions by which that law had been declared, and to overthrow, if possible, the authority of a case in which the Judge delivering the decision had been an unsuccessful defendant. As to the precise case, three Judges undertook to overthrow the opinions of four Judges; but of so far as the cases show, of all the preceding Judges who had passed upon the question, one or two perhaps excepted. Such a decision we submit is not entitled to very favorable consideration. Nor within its own terms is it obligatory upon this body, which is sole judge of the eligibility of its members The assertion in this case, that the word "office" used in article three above cited, is to be confined to those offices which the Constitution created or designated. We do not admit this; but if it is a correct assumption, still it remains that the office of delegate to this Convention is precisely within this category. In the discharge of the duty which our convictions create, we have not thought it proper to canvass or judge of the merits of the sitting member, nor the fact that there is no technical contestant. We agree, that if the wish of the voters, whose suffrages sent Judge Fawcett here, can be gratified under a proper construction of the existing state of the Constitution, it should be done. Having failed to reconcile ourselves to this conclusion, we dissent from the report of the majority, and recommenced the adoption of the accompanying resolutions. J. MCM. SHAFTER, EDW D. BARRY, NEW REFERENCE. MR. REED made the following report: C. J. BEERSTECHER. MR. PRESIDENT: Your Committee on Agriculture, Manufactures, and Commerce, to whom was referred amendment number thirty-eight, relative to taxation of vessels, report the same back and ask that it be referred to the Committee on Revenue and Taxation; also report back amendment uumber sixty-three, with the recommendation that it be referred to the Committee on Water and Water Rights. Respectfully, CHARLES F. REED, Chairman. FURTHER TIME. MR. EDGERTON. This is the day fixed, by an order of this Convention, suspending the regular order of business, more than a week ago, upon which committees were instructed to report. On behalf of the Committee on Revenue and Taxation, I desire to report that committee has held daily sessions since that order was passed and is able to report progress, but that it is unable yet to report a plan. This plan will very soon be perfected and ready to submit. Ask for further time. THE PRESIDENT. If there is no objection, further time will be granted. Hearing none, it is so ordered. MR. VAN DYKE. I have to state that we have agreed upon a draft of a Preamble and Bill of Rights, but have not had time to have it engrossed. We ask for further time until to-morrow. THE PRESIDENT. So ordered, if there be no objection. MR. ESTEE. The Committee on Corporations have had under consideration the questions arising in that department of the Constitution ever since its organization, have met daily and been in session a good many hours each day. They are not entirely through, but will be in a very short time. We ask for five days further time. THE PRESIDENT. So ordered. MR. BARBOUR offered the following resolution: Resolved, That the sum of five dollars be and is hereby appropriated for postage for the Secretary of this Convention on Correspondence, which is done by him by order of the Convention. MR. BARBOUR. I introduced that at the request of the Secretary, who says that when we send for any information he has no postage to pay for it. That is all. MR. BLACKMER. I suggest, that under the rule, that should go to the Committee on Contingent Expenses. So ordered. PRINTING THE JOURNAL. MR. HOLMES offered the following: Resolved, That the Committee on Reporting and Printing be and is hereby instructed and required to inquire into and report at an early day to this Convention, by resolution or otherwise, the expediency and possible cost of transcribing, indexing, and printing the Journal of this Convention. Referred to the Committee on Reporting and Printing. DECLARATION OF RIGHTS. MR. DUDLEY, of Solano, by leave, introduced the following pro in the enlarged and proper acceptation of the term, an officer of the State. A Con- posed amendment to the Constitution, relative to declaration of rights: SECTION The public officers of the State Government, and all municipal governments formed thereunder, which shall be filled by appointment from the Governor or other authority, are public trusts, to be created and administered solely for the benefit of the people; and to make the tenure of said offices dependent on the ascendancy of any political party or any private interests is a gross perversion of power. Read and referred to Committee on Preamble and Bill of Rights. and the tenure thereof: follows: EXECUTIVE DEPARTMENT. not be construed as giving to any Legislature the authority to enact prohibition laws, or delegate the power to enact prohibition laws to any political division of this State. The Legislature shall provide for an annual tax to be imposed upon intoxicating liquors, to be paid by every person, copartnership, company, and corporation who shall carry on or be engaged in manufacturing, selling, or disposing of such liquors otherwise than for medicinal, chemical, or mechanical purposes, for each place where such business is carried on by such person, copartnership, company, or corporation. Said tax shall be paid into the treasury of the amend-county, city, village, or township where such business is carried on, and appropriated as the Legislature shall by general law provide. The sale or other disposition of such liquors to minors, persons under guardianship, insane and idiotic persons, paupers, and common drunkards, is wholly prohibited. Every person who shall carry on or engage in the business of traffic taxed as aforesaid in this section, without having first paid the tax imposed, or otherwise violate any provision of this section, shall be guilty of a misdemeanor, and, on conviction, be punished by fine or imprisonment, or both, as may be prescribed by law, and every sale, until the tax is paid, shall subject the party to such penalty; and all necessary laws shall be passed to enforce the provisions of this section. MR. DUDLEY, of Solano, introduced the following proposed ment to the Constitution, relative to the manner of filling public offices, Amend sections six and seven, article eleven, of the Constitution, as SEC. 6. All officers whose election or appointment is not provided for by this Constitution, and all officers whose offices may hereafter be created by law, shall be elected by the people, or appointed, as the Legislature may direct. All appointed officers of the State Government must be appointed by the Governor, save such clerks or other subordinate officers in commissions or departments of the State Government charged with handling public funds, for whose faithfulness the official head of such commission or department may be personally responsible on bonds. The appointment of such designated clerks or subordinate officers may be vested in their immediate official superiors, if the Legislature so directs. No office shall be filled by appointment of the Legislature, or either branch thereof, save the offices of its own body. SEC. 7. When the duration of any office is not provided for by this Constitution, it may be declared by law; but all officers of the State government filled by appointment shall be held during the pleasure of the authority making the appointment; provided, that the Governor shall not remove any officer without immediately communicating to the Senate (if the Legislature be then in session) an explicit statement of his reasons for making such removal, explaining why he deems it a furtherance of the public good; and if the Legislature be not in session at the time of making such removal, said statement shall be communicated within ten days after the beginning of the next succeeding regular or special session. In case of a Governor retiring from office before the beginning of the session following a removal from office, he shall, before the expiration of his term, place on file in the office of the Executive Department the required statement of reasons for removal, and such statement shall, by his successor, be transmitted to the Senate within the limit of time before specified. Read and referred to Committee on Executive Department. COLLECTION OF TAXES. MR. AYERS introduced the following proposition to collect taxes in installments: SECTION The Legislature shall have the power to provide for the collection of taxes in installments, by requiring the Treasurers to issue coupon receipts to each taxpayer for one twelfth, or any greater proportion, of his total annual tax, the same to be taken up at the option of the taxpayer in gross or in such installments as the law may fix. Read and referred to Committee on Revenue and Taxation. CAPITAL AND LABOR. Read and referred to Committee on Revenue and Taxation. MR. SMITH, of Santa Clara, introduced the following proposed amendment to the Constitution, respecting appropriations: No appropriation shall ever be paid out of the treasury of this State, or any of its funds, or any funds under its management, except in pursuance of an appropriation by law, nor unless such appropriation be made within two years next after the passage of such appropriation Act; and every such law making a new appropriation, or continuing or reviving an appropriation, shall distinctly specify the sum, and the object to which it is applied, and it shall not be sufficient for such to refer to any law to fix such sum. Read and referred to Committee on Revenue and Taxation. MR. MARTIN, of Alameda, introduced the following proposed amendment to the Constitution, relative to the adjudication of claims against the State: SECTION The Legislature shall make no law authorizing the payment by any county, or municipal corporation, or town, of any private claim; but general laws shall be passed in such manner as the Legislature shall deem meet, providing for the adjudication of all such claims. SEC. The Legislature shall make no law authorizing the payment by the State of any private claim against the State; but suit shall be brought against the State on any such claim in any Court of competent jurisdiction. In all such suits the Governor of the State shall be served with legal process, and such defense shall be authorized as in the case of a private individual. Referred to Committee on Judiciary and Judicial Department. SEC. TAXATION. MR. HAGER introduced the following proposed amendment to the Constitution, relative to revenue and taxation: 1. The taxing power may be exercised by the Legislature for State purposes; and by the counties, cities, and other public and municipal corporations, under authority granted to them by the Legislature, for county, city, and other corporate purposes. MR. CONDON introduced the following proposed amendment to the Constitution, in relation to capital and labor: SECTION - Transportation may be done, and supplies obtained for the State, by contract, but only with such persons, firms, or corpo-lic rations, as employ no alien labor. Public work of all description, including buildings, roads, bridges, aqueducts, wells, and waterworks of every kind, to be constructed or repaired by or for the State, or by and for any county or municipality thereof, shall not be constructed or repaired by contract; but the State, county, or municipality shall pay directly to the laborers employed thereon such compensation as may be agreed on, and no alien, or person employing aliens, shall be employed thereon, or entitled to compensation for any labor he may perform thereon. purposes only. They must be equal and uniform upon the same 2. All taxes shall be levied and collected by general laws, and for pubclass of subjects within the territorial limits of the authority levying the tax, and may be levied on all subjects and objects of taxation. value; but it shall be subject in proportion to its value to bear only its 3. All property subject to taxation shall be taxed in proportion to its equal and relative proportion of taxation; and every person subject to taxation shall be taxed in proportion to what he may be worth in real estate, in personal estate, in money owned and in his possession, and in money owing him which may be reduced to possession. SEC. Eight hours shall constitute a legal day's work, for all work surrendered or suspended by Act of the Legislature. All corporations of 4. The power to tax corporations and corporate property shall not be done by the State, or for any county, town, or municipality therein. SEC. The above sections shall be enforced by appropriate legisla-owned or used by them in this State, on their gross earnings, their franthis State shall be subject to taxation on the real and personal property tion. Read and referred to Committee on Labor and Capital. RELIGIOUS LIBERTY. MR. BEERSTECHER introduced the following proposed amendment to the Constitution, relative to the Declaration of Rights: SECTION -. The free exercise and enjoyinent of religious opinions and worship, without discrimination or preference, shall forever be allowed in this State; and no person shall be rendered incompetent in any manner, nor shall any person ever be questioned and forced to answer any questions concerning or on account of 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. No law shall ever be enacted by the Legislature making it unlawful to do on any day that which may be lawfully done on any other day. Read and referred to Committee on Preamble and Bill of Rights. TAXATION. MR. BEERSTECHER introduced the following amended amendment-number three hundred and nineteen-relative to taxation: LIQUOR TRAFFIC TAXATION. SECTION. The business of manufacturing and selling intoxicating liquors of every name and nature shall be subject to legislative regulation, by general laws having effect throughout the State; but this shall chises, and their capital stock; and all corporations doing business in this State shall in like manner be taxed on the real and personal property, capital, and money owned or used by them in this State. 5. All laws exempting property from taxation, except as in this Constitution expressly prescribed, shall be void. 6. No county, city, town, or other public or municipal corporation, nor the inhabitants thereof, nor the property therein, shall be released or discharged from their or its proportionate share of taxes to be levied for State purposes, nor shall commutation for such taxes be authorized in any form whatever. 7. The making of profit out of State, county, city, town, public school, or other public or municipal money, or using the same for any purpose not authorized by law, by any public officer, shall be a felony, and shall be punished as prescribed by law. Referred to Committee on Revenue and Taxation. ADJOURNMENT. MR. HOWARD. I call for the regular order of business. THE PRESIDENT. Under the rule the Convention will stand adjourned until to-morrow morning. MR. LARKIN. I hold that that resolution expired at the same stage as it passed. THE PRESIDENT. The rule applies to the day. The Convention stands adjourned till to-morrow morning at ten o'clock. [Time, ten forty-five A. M.] however, that temporary loans in anticipation of the taxes may be renewed so far as such taxes may not have been collected, when the same are fully secured to the extent of twice their amount by valid liens on real estate. In no event shall any indebtedness be incurred to an amount, including existing indebtedness, in the aggregate exceeding per centum on the value of the taxable property of a city. Such value shall be ascertained from the assessment roll for State and county purposes made immediately previous to incurring such indebtedness; provided, however, that a city may borrow money under and in accordance with the following conditions and limitations, in addition to any other conditions and limitations contained in the Constitution, namely: The debt must be for some single work or object only, and must be authorized by a resolution passed by a vote of three fourths of all the members elected to the Board of Supervisors, and approved by the Mayor, distinctly specifying such work or object, and the whole amount of the debt to be incurred. The Legislature must, before the creation of such a debt, assent thereto by an Act passed by a vote of two thirds of all the members elected to each house respectively. Such vote shall be by yeas and nays recorded on the Journal of each house; such law shall also distinctly specify the single work or object for which the debt is to be created, and the amount of the debt authorized, and shall contain provisons for a sinking fund to meet the same at maturity, and requiring at least ten per cent. of the principal to be annually raised by taxation and paid into the sinking fund. Such Act shall not take effect until it shall be ratified at an election held in said city, at which no other matter is voted upon, and which shall be held within days after the passage of said Act. The Legislature shall make such laws as may be necessary to provide for holding such election and ascertaining the result thereof. Read and referred to Committee on City, County, and Township Organizations. REPORT ON PREAMBLE AND BILL OF RIGHTS. MR. VAN DYKE made the following report from the Committee on Preamble and Bill of Rights: MR. PRESIDENT: The Committee on Preamble and Bill of Rights beg leave to report that they have had under consideration, for a number of sessions, the subject-matter referred to them, and, having agreed upon a draft for a Preamble and Declaration of Rights, submit the same herewith to the Convention for its consideration. At the outset of their deliberations, the committee adopted the plan to take up, in their order, the preamble and different sections of article one of the present Constitution, and consider the same as a basis for their action, with the understanding that only such provisions should be altered or amended as the public interest seemed to demand. Acting upon this plan, the committee first informally considered and acted upon the old preamble and separate sections of article one, seriatim, in connection with the various propositions bearing thereon which have, from time to time, been referred to us by the Convention. Afterwards the committee went over the work again, in the same manner, for final action. PREAMBLE. It being the opinion of the committee that the substance and general style of the present preamble should be preserved, they have reported the same, with only slight verbal amendment, as the preamble for the new Constitution. It expresses, in brief and appropriate language, the people's gratitude to the Supreme Being for their freedom, and their desire and determination to secure and perpetuate its blessings by the establishment of a constitutional government. This is all that seems to be required, without loading it down with unnecessary recitals. DECLARATION OF RIGHTS. with the same numbers, in the new article, without any alteration. SECTIONS 1-2. Sections one and two, of article one, have been retained, dis-The former declares the inalienable rights of man, and the latter the object and purposes of government, in a manner and style that cannot well be improved. No debt or liability shall be created or expressly incurred by a city or by a department, board, or officer of a city, unless there shall be at the time in the treasury an unexpended appropriation applicable to such debt or liability, and sufficient to discharge the same, and all debts and liabilities previously incurred and payable out of such appropriation, and all contracts, engagements, or transactions in violation hereof shall be unlawful and void. Nor shall any debt or liability of a city be paid except out of money in the treasury appropriated thereto according to law. No money shall be drawn from the treasury except in the pursuance of an appropriation lawfully made. Nor shall any extra compensation or allowance be made to any officer, servant, agent, contractor, or employé of such government, beyond the compensation agreed upon or fixed by law. All transactions or violations of this section shall be illegal and void. The Legislature, at its first session after this Constitution takes effect, shall enact such laws, civil and criminal, as may be necessary or appropriate to enforce the provisions of this section. ARTICLE. No money shall be borrowed by any city for the purpose of defraying any of the expenses of the city for which an appropriation has been made, except in anticipation of the revenue of the year for which the same may be borrowed applicable to such purpose; and all moneys so borrowed must be paid out of such revenue, or out of revenues specially provided to supply any deficiency in the collection thereof; provided, SEC. 3. Section three of the old article, relating to the right of trial by jury, has been materially changed. There were a large number of propositions referred to the committee, having in view some modification of the jury system, and after giving them due consideration, and devoting considerable time to the subject, the committee agreed upon the section as reported, which has been inserted in the place of the old section seven, immediately preceding the section relating to the Grand Jury, and numbered accordingly. As section three of the article here reported, the committee have adopted a new section, which recognizes the Constitution of the United States as the paramount law of the land. SEC. 4. Section four, in reference to the free exercise and enjoyment of religious profession and worship, has been retained with the insertion of the words " or juror," after the word "witness," in the sentence," and no person shall be rendered incompetent as a witness on account of his opinions on matters of religious belief." A number of memorials, quite numerously signed, having in view some modifications of, or addition to, what is contained in section four have been referred to us. A representative of the clergy also favored the committee with a brief statement of the reasons assigned by a large class of our people for desiring such changes. But after giving to the subject-matter all the consideration its importance demanded, the committee, with all deference to the memorialists, still remain of the opinion that it would be unwise to materially alter or add to the section as it stands in the old Constitution. SEC. 5. Section five, relating to the writ of habeas corpus, remains as in the original article. SECS. 6-7. Sections six and seven, in addition to the declaration in the former against excessive fines, cruel and unusual punishments, and the unnecessary detention of witnesses, bear upon the same subject, namely, the matter of bail. The committee, therefore, have transposed shall not be construed to impair or deny others retained by the people, was the last section of the original article, and we have retained it as the last in our draft, and changed the number accordingly. In its place as section twenty-one, we have inserted a new section declaring against special privileges and immunities. Several propositions were referred to us bearing upon this subject, and many of the Constitutions of other States contain similar provisions. SEC. 22. The present section of this number, added by amendment, as already stated, has been dropped from our draft as properly belonging to another article. The committee have prepared a new section to take the place of twenty-one, declaring against appropriations or grants to any corporation, association, asylum, hospital, or any institution not under the exclusive management and control of the State. Judging from the various propositions on this subject, there would seem to be a public demand for some provision of this kind, in order to prevent the funds and property of the State from being diverted and used for other than public purposes. SEC. 23. Section twenty-three is a new section, in which it is declared that the provisions of the new Constitution, unless when declared to be otherwise, shall be mandatory and prohibitory. The purpose of this is, that where plain language is used in the Constitution declaring what shall be done, and what shall not be done, it must not be construed, in convenient cases, to be merely directory. This section has also been presented in deference to what seems to be a public demand for something of the kind. SEC. 8. Section eight has been divided so as to form, with the amendments proposed, three sections. The portion relating to the Grand Jury forms the eighth section of the new article. As amended, it provides for a Grand Jury in cases punishable by death, or imprisonment in the State Prison, with the usual exceptions, and in other criminal cases permits a prosecution by information or complaint, as may be prescribed by law. It also provides that while the Grand Jury is retained, two thirds may find a true bill, thereby making it more difficult to defeat action against influential parties than under the old system. Power is also conferred upon the Legislature, by a two-thirds vote of all the members elected to each house, to abolish and restore the whole Grand Jury system. In regard to the Grand Jury as well as the trial jury, the action of the committee may not have been as radical as the public sentiment demands, SEC. 24. This is the last section in the new article, and, as already judging from the various propositions before them bearing upon the sub-stated, is the same as the twenty-first, or last section in the original jeet, but, if so, there is a degree of elasticity in the new system which article. the old did not possess, and the Legislature, guided by experience, will be enabled to meet the wants of the people in this respect. SEC. 9. Section nine, declaring the right of freedom of speech and of the press, and prescribing a rule in criminal prosecutions for libel, has been retained as it existed in the old article. SEC. 10. Section ten, declaring the right of the people freely to assemble together to consult for the common good, etc., has also been retained. The committee, after duly considering the subject-matter of the two foregoing sections, came to the conclusion that it would be unwise to propose amendments to them, or to tamper with them in any respect. Their provisions have been construed, and are well understood, and it is hazardous to make experiments in such matters. SEC. 11. Section eleven, declaring that all laws of a general nature shall have a uniform operation, is retained. Several other new sections were proposed before the committee, but failed of adoption-some for the reason that they were considered unnecessary or inappropriate, and others for the reason, simply, that they more properly belonged to some other department. Herewith the committee returns to the Convention various memorials and propositions bearing upon the matters under consideration, up to this time, referred to them, and would recommend that so much of any or all the provisions contained therein as may not be embodied in the draft herewith submitted, be not adopted. All of which is respectfully submitted. MR. FREUD, on behalf of a minority of the Committee on Preamble and Bill of Rights, presented the following report: Mr. President and gentlemen of the Convention: SEC. 12. Section twelve, providing that the military shall be sub- We, the undersigned, minority of your Committee on Preamble and tive article. To section twelve, as thus amended, we have added section SEC. The penalty for all crimes, except petty misdemeanors, thirteen of the old article, as it bears upon the same matter of restricting shall be imprisonment, which shall be proportioned to the character and the military power. degree of the offense. SEC. 13. Section thirteen has been provided for by inserting in place of the old section, already disposed of, that portion of the old section eight, in regard to the right of the accused in a criminal trial, and has been amended. The amendment consists in adding certain other usually enumerated rights, mostly taken from article six of the amendments to the Constitution of the United States, and which seem to have been omitted from that portion of the old section eight. We have also altered the clause in regard to putting a person twice in jeopardy, so as to remove any doubt, in case a jury on the trial should, for any reason, be discharged without rendering a verdict. SEC. 14. The committee struck out the old section of this number, relating to apportionment, as it more properly belongs to the Committee on Apportionment and Representation. The committee have constructed a new section on the subject-matter of the last clause in the old section eight-that is, taking private property for public uses. In the section reported in our draft for section fourteen, it is provided that the time or services of the citizen, when required for the public, shall also be compensated in a manner to be provided by law. It may be that the labor of an individual is his only capital or means of support, and when his time or services shall be required for the public benefit there appears to be no reason why compensation should not be made the same as when private property is taken. SEC. 15. Section fifteen prohibits imprisonment for debt, except in cases of fraud, and prohibits imprisonment for a militia fine. It has been retained in its place without alteration. SEC. 16. Section sixteen, declaring against ex post facto laws and laws impairing the obligation of contracts, has been amended so as to prevent impairing the remedy for the enforcement or breach of a con tract. SEC. 17. Section seventeen, in regard to the right of foreign residents to possess, enjoy, and inherit property, has been amended so as to exclude from its provisions foreigners not eligible to become citizens. SEC. 18. Section eighteen, prohibiting slavery and involuntary servitude, has been so amended as to read: "No form of slavery shall ever exist in this State, and there shall be no involuntary servitude, except for the punishment of crime of which the party shall have been duly convicted." SEC. 19. Section nineteen, relative to the right of the people to be secure from unreasonable seizures and searches, is retained without amendment. SEC. 20. Section twenty, in regard to treason, and the rights of a person on trial charged with the same, remains intact. SEC. 21. Section twenty-one, declaring that this enumeration of rights J. RICHARD FREUD, SECTION 1. All men are, by nature, free and independent, and have certain inalienable rights, among which are those of enjoying and defending life and liberty; acquiring, possessing, and protecting property; and pursuing and obtaining safety and happiness. SEC. 2. All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right to alter or reform the same whenever the public good may require it. SEC. 3. We recognize the Constitution of the United States of America as the great charter of our liberties, and the paramount law of the land. SEC. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State; and no person shall be rendered incompetent to be a witness or juror, 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. SEC. 5. The privilege 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. SEC. 6. All persons shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed; nor shall cruel or unusual punishments be inflicted; nor shall witnesses be unreasonably detained, or confined in any jail or room where criminals are usually imprisoned. rally upon members' desks. It is the right of any member to have them read, but, unless some gentleman desires to have them read, and upon the assumption that everybody has read them, I move that the reading be dispensed with. THE PRESIDENT. If there be no objection, the reading will be dispensed with. The question is on the adoption of the report of the Com SEC. 7. In criminal cases, the right of trial by jury shall remain. In all cases except felony, the Legislature may provide by law the number necessary to constitute a jury; and in all civil cases, the number neces-inittee on Judiciary. sary to render a verdict. MR. SHAFTER. The minority report contemplated the introduction SEC. 8. No person shall be held to answer for a crime or other public abolish and restore the Grand Jury system. SEC. 9. 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 on 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 libelous 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. SEC. 10. The people shall have the right to freely assemble together to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of grievances. SEC. 11. All laws of a general nature shall have a uniform operation. SEC. 12. The military shall be subordinate to the civil power. No standing army shall be kept up by this State in time of peace, and 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 to be prescribed by law. of law. SEC. 13. In criminal prosecutions in any Court whatever, the party accused shall have the right to a speedy and public trial; to appear and defend in person and with counsel, to demand the nature and cause of the accusation, and to have a copy thereof, to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf. No person after having been once acquitted by a jury, or charged by the Court, shall again be put in jeopardy for the same offense; 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 SEC. 14. Private property shall not be taken or damaged for public use without just compensation having been made to or paid into Court for the owner, except in cases of war, riot, fire, or great public peril, in which cases compensation shall afterwards be made; such compensation or damages to be assessed by a jury, unless waived by the parties; nor shall the time or services of any person, except when held or under arrest for crime, be taken without just compensation, to be fixed and provided by law. SEC. 15. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud; and no person shall be imprisoned for a militia fine in time of peace. Resolved, That in passing upon any question submitted to this Convention, the qualification of its members included, this Convention disclaims all powers except such as are given them by the existing Constitution and the laws in accordance therewith, Resolved, That the Hon. Eugene Fawcett is not entitled to a seat in this ConvenMR. EDGERTON. I call for the reading of the resolution attached tion. THE SECRETARY read: "We therefore respectfully submit that the Hon. Eugene Fawcett was eligible at the time of his election, and is entitled to retain his seat in this Convention.” MR. EDGERTON. There was a resolution accompanying that report. It was the resolution that I called for the reading of. If it is not there, I know precisely what the resolution was in phraseology and I ask leave to send up a copy. There being no objection the resolution was sent up, and the Secretary read as follows: Resolved, That the Hon. Eugene Fawcett is entitled to a seat in this Convention. THE PRESIDENT. The question is on the adoption of the report of the Committee on Judiciary. MR. EDGERTON. I suppose, regularly, it would be in order for the gentleman from Santa Barbara to make a statement. MR. FAWCETT'S STATEMENT. MR. FAWCETT. I do not rise for the purpose of offering any argument upon the merits, legal or otherwise, of this case, but simply for the purpose of giving a brief statement of the circumstances under which I came to be here at present. It is a fact. sir, that the people of my district-known as the First Judicial District of this State-have dis-heretofore seen fit to honor me with a seat upon the bench of the District Court of that district. It is also a fact that, while continuing to hold that position, the people of a portion of the district further saw fit to honor me with the election to a seat in this body. The circumstances under which they elected me to represent them in this Convention are, perhaps, better indicated by a letter which I addressed to the people of Santa Barbara County, pending the election, concerning the question as to whether I could or would consent to attend this Convention as their delegate. That letter is as follows-perhaps, however, I should first state that the people of my county seemed to meet with some difficulty in agreeing upon a proper person to represent them here. They were divided into factions, as often happens to be the case, and from some reason-whether good or otherwise they seemed to turn to me as the only person upon whom they could agree as their delegate to this Convention. When it was first proposed to me that I accept the trust, and consent to represent the people of that county here, I said in reply: "No; I am not eligible to the place." I believe that that view would strike nineteen minds out of twenty, superficially, and without an examination into the legal merits and aspect of the case. Without reflection, without examination, I entertained the impression that I was not eligible to a seat in this Convention, and so stated, and declined peremptorily to become a candidate. Other gentlemen, however, in whose opinions I had great confidence-gentlemen both of my own county and other counties in the district and elsewhere in the State, including eminent lawyers in different parts of the State-took issue with me upon that proposition, and, as a consequence, I was led to investigate the question, and finally reached the conclusion that upon the score of eligibility there was no objection to be entertained. Then, having been generally solicited by the people of my own county, belonging to all political parties-including the official heads of the two organized parties-and also having been urged by the people of the balance of the district-the Counties of San Luis Obispo and Ventura-to serve here as a delegate, wit-position was wrong, and finally consented to stand as a candidate for delegate to this Convention from the County of Santa Barbara, as announced in the letter which I now offer to read to the Convention. It is addressed to the local paper-the Press: To the Editor of the Press: SEC. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, or the remedy for the enforcement or breach thereof, shall ever be passed. SEC. 17. Foreigners eligible to become citizens of the United States, under the naturalization laws thereof, while bona fide residents of this State, shall have the same rights in respect to the possession, enjoyment, and inheritance of property as native born citizens. SEC. 18. No form of slavery shall ever exist in this State; and there shall be no involuntary servitude, unless for the punishment of crime of which the party shall have been duly convicted." SEC. 19. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized. SEC. 20. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid or comfort. No to the best of my humble ability, I conceived that, perhaps, my original person shall be convicted of treason unless on the evidence of two nesses to the same overt act, or confession in open Court. SEC. 21. No special privileges or immunities shall ever be granted which may not be altered, revoked, or repealed by the Legislature; nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens. Within the past two weeks I have received many communications from different SEC. 22. No money shall ever be appropriated or drawn from the parts of the county asking me to serve as a delegate to the Constitutional Convention State treasury for the use or benefit of any corporation, association, asy-which is to meet at Sacramento in September next. These communications are lum, hospital, or any other institution not under the exclusive manage-signed by representative men generally, including the official heads of the two ment and control of the State; nor shall any grant or donation of property the electors of the county that I serve them in the capacity indicated. It would be organized political parties, and seem to indicate a general desire upon the part of ever be made thereto by the State. invidious to publish one of these papers without publishing all, and it is unnecessary to tax your columns to that extent. SEC. 23. The provisions of this Constitution are mandatory and prohibitory, unless by express words it is declared to be otherwise. SEC. 24. This enumeration of rights shall not be construed to impair or deny others retained by the people. MR. LARKIN. I call for the special order. THE PRESIDENT. The special order is called for. THE FAWCETT CASE. I have already said, and still say, that I am not a “candidate" for this trust. But, after much anxious consideration of this matter, and moved by arguments that seem irresistibie, I have reached the conclusion that if the people think they need my poor services I ought not to refuse. There are times when no man has the right to decline the performance of a public duty from any personal considerations, and the present emergency is one of that nature. Let it be remembered, however, that the people have already confided to me the performance of certain other duties, and that these later duties, if assumed, will necessarily conflict, to some extent, and for the time being, with the former. I cannot be present at the Convention in November, and hold a term of Court here also; nor can it be known at this time whether a gene-substitute can be procured for the latter duty. MR. EDGERTON. Regularly these reports ought to be read in open Convention. They have been printed and I believe distributed |