An Appeal to Californians to Immediately Undertake a Peaceful Revolution in 1876, and Reorganize Their State Government: Together with an Address by the Same Author on the Same Subject, Delivered in the Senate of California, February 7th, 1856Shaw was concerned with the small number of people, mainly outsiders, who established the first state constitution without knowing what the state would be like and what it would need. His detailed list of shortcomings included the jury system, selection of judges, local governments, taxation, and limitations on its powers. He proposed a convention to write a new constitution based on better knowledge. His first work was in 1856, seven years after the first constitution. His second proposal came on the eve of the centennial of the nation. |
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Page 9
... least all I am saying is based upon the supposition that they always are or could so be made . But the system of juries renders it impossible for any citizen to say , or to feel secure in saying to himself : " No man nor set of men are ...
... least all I am saying is based upon the supposition that they always are or could so be made . But the system of juries renders it impossible for any citizen to say , or to feel secure in saying to himself : " No man nor set of men are ...
Page 10
... least the frequent habit of our juries to leave cases to be decided by a rubber at cards . And , what is more sad , since our statute was passed , expressly pro- hibiting the decisions of juries to be determined by games of chance , the ...
... least the frequent habit of our juries to leave cases to be decided by a rubber at cards . And , what is more sad , since our statute was passed , expressly pro- hibiting the decisions of juries to be determined by games of chance , the ...
Page 22
... least a good , fair working majority of its members being honest , practical , well - mean- ing men , and above the average for intelligence and ability . But our Constitution has created but one legislative body for this entire State ...
... least a good , fair working majority of its members being honest , practical , well - mean- ing men , and above the average for intelligence and ability . But our Constitution has created but one legislative body for this entire State ...
Page 24
... least to the most supreme , and over all the officers and inhabitants in the land , are all to be first tried and determined upon by anticipation , and by the aid of two separate , supreme and independent courts , and by the advise and ...
... least to the most supreme , and over all the officers and inhabitants in the land , are all to be first tried and determined upon by anticipation , and by the aid of two separate , supreme and independent courts , and by the advise and ...
Page 29
... least attempt to do . Let us try . And even if we should fail it would be a " noble failure . " OUR LEGISLATURE . But let us now hasten to a brief consideration of how we are trying at present to legislate , and the kind of ...
... least attempt to do . Let us try . And even if we should fail it would be a " noble failure . " OUR LEGISLATURE . But let us now hasten to a brief consideration of how we are trying at present to legislate , and the kind of ...
Other editions - View all
An Appeal to Californians to Immediately Undertake a Peaceful Revolution in ... William James Shaw No preview available - 2015 |
An Appeal to Californians to Immediately Undertake a Peaceful Revolution in ... William J. Shaw No preview available - 2020 |
Common terms and phrases
abuses actually administered adopted allude amendment American amongst attempt attorneys at law bench body California certainly cial citizens Constitution of California Constitution of Iowa Constitutional Convention constitutionally continue Court of Chancery courts of justice dangerous defects demnation duty elected electors England English entire ernment evils exercise existing expenses favor Governor honest honor House House of Lords hundred impeachment individuals intelligent judges judicial department judicial power jury trials lature laws lawyers leaders legislative Legislature liberty member of Parliament ment merely necessary necessity never object opinion organization ourselves party patriotism perform perhaps political practically present Constitution prohibited provision punishment reason reform render reposed require respect revision and change secure Senate sincere suppose Supreme Court system of juries thing tion trial by jury true tyranny Union universal suffrage vote whilst whole
Popular passages
Page 43 - When popular discontents have been very prevalent, it may well be affirmed and supported, that there has been generally something found amiss in the constitution, or in the conduct of government. The people have no interest in disorder. When they do wrong, it is their error, and not their crime. But with the governing part of the state, it is far otherwise. They certainly may act ill by design, as well as by mistake.
Page 60 - No law shall be revised or amended by reference to its title, but in such case the Act revised or section amended shall be reenacted and published at length as revised or amended...
Page 43 - I am not one of those who think that the people are never in the wrong. They have been so, frequently and outrageously, both in other countries and in this. But I do say that in all disputes between them and their rulers the presumption is at least upon a par in favour of the people.
Page 73 - Absence from this State on business of the State, or of the United States, shall not affect the question of residence of any person.
Page 8 - ... no person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a grand jury.
Page 95 - A secretary of the commonwealth, treasurer and an auditor of public accounts shall be elected by the joint vote of the two houses of the general assembly, and continue in office for the term of two years, unless sooner removed.
Page 47 - ... judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust, or profit under the State; but the party convicted or acquitted shall, nevertheless, be liable to indictment, trial, and punishment, according to law. All other civil officers shall be tried for misdemeanor in office in such manner as the Legislature may provide.
Page 36 - AN ACT Recommending to the Electors to vote for, or against, a Convention to revise and change the Constitution of this State.
Page 92 - Governor may veto a bill ; but, if afterwards passed by a majority of those elected to each house, it shall become a law. A Secretary of State, Auditor, and Treasurer, shall be chosen by the people for two years...
Page 57 - In actions for the recovery of money only, or of specific real or personal property, or for a divorce on the ground of adultery, the issues of fact shall be tried by a jury, unless a jury trial be waived or a reference be ordered.