20

Tuesday,]

after no new matter be introduced unless, per-
haps, by a two-thirds vote. If we adopt this
plan, I fully believe that four or five days will
be ample to complete our work.

Mr. DELONG. I feel heartily gratified, Mr. President, to find how cordially I am supported in my views, especially by members of my own delegation. [Laughter.] In the first place, I am assailed, or my position is attempted to be beaten down, by my exceedingly plausible colleague who rises and insists that it is absolutely preposterous to make any such basis as I propose. And then the Chair descends from that bigh position in which I helped to place him, and gives as a reason why my views should not be adopted, the impossibility of obtaining a sufficient number of copies of the Constitution of the State of California for the consideration of the members of this body. Now, if we adopt my amendment I will agree to furnish every man in the Convention with a copy by to-morrow night, and if Carson be indeed so poor that she has not twenty-five or thirty copies within her limits, I can procure them from my own city by return of mail.

Now one word also in reply to the remarkable attack upon my position that the California Constitution is the offspring of the Constitution of New York. I did not state that it was literally copied from that of New York, but I stated that it was drafted in its general principles from that instrument, and I still so state; and in support of the position I assume, I refer the Chair, or any body else, to the reports of the debates of the Constitutional Convention of California which framed that instrument.

rious and sober deliberation. The members of that Convention came fresh from the people, and they represented their constituents faithfully. It was submitted to the people for their ratification, and I have yet to learn of any respectable body of men; I have yet to learn of any newspaper in this Territory; I have yet to learn of any individual on the stump in this Territory, that ever assailed that Constitution in any of its features, save and except those four or five clauses which it is not necessary With these four for me at this time to name. or five exceptions, it was all and every thing that the people could possibly desire. I ask, then, why this change in our feelings at the present time? I ask, then, why not take this Constitution as a basis of our new Constitution? Let us adopt this Constitution as a basis, and then I would say, scatter it around on every desk, give each member twenty-four hours to write out any emendations or additions which he may think necessary, then let the several propositions be referred to a committee for arrangement and segregation, that we may have clearly and distinctly before the minds of this Convention the several alterations that may be required, and upon those alterations let us agree in Committee of the Whole. Take this course, and I will vouch for it that in five days' time we will have this Constitution completed and ready to be submitted to the people. It occurs to me that this is the most simple, straightforward way. I can hardly see the propriety or reason We will then for pursuing a different course. take up those sections, considering four or five alterations proposed by me, half a dozen Then it is said that the California Constiby my colleague, as many more by some other gentleman, and so on, and that will be all that tution was taken as a basis when this Constituwill be necessary to consider; after which, I tion of Nevada was drawn. If so, then the have no doubt, we shall be ready to pass it as a basis I propose is a correct one, or else the whole. Then why spend our time here, run basis upon which this Constitution is drafted Or must be wrong, one of the two. Now, sir, ning up a bill against the new State? why should the Legislature be called upon to the basis being correct, why should we adopt pass upon bills that may be created here in the as our basis a basis built upon another basis course of a session of three, four, or five weeks; rather than the basis upon which that instrufor we shall be compelled to continue in session ment was originally predicated? for that length of time if we take it up section by section, whereas the work might all be done in four or five days. With a few exceptions, I am willing to give this Constitution my approving vote now; and you are willing, and every other member is willing to give it his vote, after, perhaps, some trifling amendments. But if it is taken up section by section, some member will speak upon a prop-care if it has been overwhelmed with newspaper osition in it, and then I may feel called upon to reply by some remarks, and others may think it necessary to defend their views, and thus we shall spend as much time upon it as though we took the Constitution of some other State. It will all be new work.

I said there were many other objections to this Constitution of Nevada which were not urged against it on the stump, but which might have been taken up, and would have been, but that it was sufficiently assailable upon the points upon which we did assail it. I still say that, and it is my candid belief, taking this entire instrument into consideraton. I do not

compliments. Why, sir, they always compliment such things. Newspaper editors are not always the most competent of men, and do not always know whether a thing is wise or unwise, nor do they always thoroughly examine it; consequently, their endorsement does not go I therefore hope that some gentleman will far with me, unless I am sure that they have move that each member be requested to make well considered what they are talking about, such amendments as he desires within a limited which is not commonly the case with newspatime, and that then we go into Committee of per editors. I wish to say further, that the the Whole and act upon them, and that there-basis being correct, as has been conceded,

with the Constitution of California before us we can make such few amendments as are necessary to make it applicable to our own interests in a very short time.

How is it, I should like to know, that we are such a peculiar people as my colleague (Mr. Collins) has remarked, different from the North and the South and the East and the West? I do not so understand it. What is the paramount interest of our Territory? Why, the mining interest. What is the paramount interest of California? The mining interest. Where do our people come from? There are immigrants here from every portion of the globe, and so there are in California. Our people and the people of California are alike in that respect. I say I cannot perceive in any leading particular any difference between our wants and the necessities for a good government for us and the wants and necessities of California.

[July 5.

my duty to urge the adoption of the California Constitution as a basis. I believe it is economy of time, and if we take it up section by section, and consider it, I do not believe that a dozen features of it will ultimately be amended by this Convention; while I know that this Constitution of Nevada, if it is taken as the basis, will receive multifarious amendments. This instrument is filled with legislation, and the people have shown that they are opposed to legislation in the Constitution. It fixes the salary of State officers; it ties the hands of the Legislature, so as to give it scarcely anything to do; and I recollect that that feature in particular, met with the greatest amount of sarcasm last fall. It was said then, and very justly too, that the Constitutional Convention which met one year ago, seemed to be impressed with the idea that it contained the only wise, just, true, and honest men that were ever going to be, or ever could be got together in this Territory, and that they consequently went to work to legislate, to fix salaries, and to do everything else, and left the Legislature nothing whatever to do but to enact into laws those strange and wild provisions which are to be found in no other fundamental law in Christendom. I know that these things have had weight with many men, and I am satisfied that much more of opposition will be manifested against our work, if we take this Constitution of Nevada as a basis, than if we take as our basis that which they say was the basis of this, namely, the Con

Mr. EARL. I offer this resolution as a substitute :

Resolved, That each member of this Convention be

These gentlemen have backed up their views by assailing the Supreme Court of California, and even my worthy friend, the immigrant, as he styled himself, informs us that he differs with that Court in its decisions, and in company with my colleague, (Mr. Collins,) he assails the character of the decisions of the Supreme Court of California. Now I think I know the real objection that my worthy colleague has to that Court, and its jurisprudence. I know that that gentleman has entertained a strong antipathy to the Supreme Court of California, ever since the time when that Court gave, as the saying was."the law to the North, and the nig-stitution of the State of California. ger to the South," in the decision involving the right to hold the slave Archie. But I know that there are men who have held positions upon that Supreme Court Bench, whose equals requested to hand in, by to-morrow, at ten o'clock, A. as lawyers, and as judges, are not to be found M., such amendments and changes as he may deem nein this Territory or upon the Pacific coast; and cessary to be made in the Constitution formed for the so called State of Nevada; and that such changes shall in speaking thus. I believe I shall be borne out be considered in Committee of the Whole, and the reby the entire legal profession in this Territory, mainder of the Constitution shall be adopted in Comand in California also. I know that occasion-mittee of the Whole to-morrow. ally some rather shabby decision may have been made, following, perhaps, on the heels of some unworthy purpose; but still, as a general thing. I guarantee that the decisions of the Supreme Court of California will not be overturned by the California Courts hereafter, and hardly can be by our Courts here. Then if my views on this subject are correct, the adoption of the California Constitution as a basis will save this people an immense deal of litigation. I made this proposition, well knowing that I should meet with a great deal of oppositionMr. EARL. It seems to me that this resoluthat kind of opposition which is founded upon tion will save us torrents of talk. All we want that principle which leads the indulgent and is to get on with our business, and in this way delighted mother to imagine the homeliest baby we can cut short an immense amount of arguin Christendom to be a beauty, and to claim ment. This Constitution is undoubtedly as that others ought to view it in the same way. good a one as we can expect to get up. I knew very well that the members of the Con- have had the experience of those who have vention which framed this Constitution would gone before us, and they have given their carebe likely to endorse it, but I hardly expected ful attention to the subject, and all we need is that their converts would number so many that they would be able to carry it in this Convenvention. At all events, I have considered it

Mr. FITCH. I rise to a point of order. There is already an amendment pending, and the substitute is not, therefore, in order.

The PRESIDENT. A substitute was offered, which bas been voted down, and the question now is upon the amendment of the gentleman from Storey, (Mr. DeLong.) The Chair thinks the substitute is in order.

Mr. DELONG. I would like to have the time changed. I think to-morrow morning would give us too short a time.

We

to make a few changes. So far as I am concerned I have already taken a copy of it, and marked in it all the changes I desire to pro

NOURSE-EARL-FITCH -CROSMAN-PRESIDENT-CHAPIN.

pose. I think others can do the same in a short | because everything else must be first proposed time, and in that way I have no doubt we can get through our work in a few days.

Mr. NOURSE. I would like myself to change that resolution, so as make it apply only to a portion of the instrument. It seems to me that it is rather forcing matters to require us to examine the whole thing before to-morrow morning, and be prepared then to offer our amendments, or else to be cut off, finally. It is more of a task than I can perform, for one, to read through, and carefully consider this whole document; and I suggest the propriety of only taking the Mr. DELONG. I rise to a point of order. It first three articles for to-morrow, and then two is, that the proposition of my colleague, (Mr. or three more for the next day, and so on. It Earl), is not a substitute, because it does not strikes me that the resolution, as it stands, is relate to the subject matter of the original moslightly overrating our ability. tion.

Tuesday,]

EARL-FITCH-BROSNAN-BANKS.

to the gentleman from Storey, (Mr. Earl,) that his motion now embraces the schedule, and gentlemen will see that it will be impossible to complete that until we have completed the balance of the instrument.

Mr. EARL. I suggest that we take up from Article V to Article VIII, inclusive, and consider the remainder. Certainly, it seems to me that any gentleman could take up this whole document, after having had it before him for a month, and no doubt made up his mind upon its provisions, as nearly every gentleman probably has done, and state what changes he thinks are necessary. I, for one, can make all the changes necessary in my opinion between now and to-morrow at 10 o'clock; in fact, I have done so since yesterday, and have marked them all in my copy. I think I will fall back on my original motion, to take it all up from the first to the fifth articles.

Mr. FITCH. I will move, as an amendment, that we commence by taking up Articles III, IV, V, and VI, that is, "the distribution of powers," and the legislative, executive and judicial departments. If that is too much to consider in one day, it is not too much, I think, for gentlemen to go over and prepare their amendments to in one evening. We can take up those four articles, and if we do not succeed in getting through with them in one day, we can take another day for them. I trust the gentleman will not insist on our considering the first and second articles at present, namely, the "Bill of Rights" and the "Right of Suffrage," which would be calculated to produce an immense amount of discussion at this time. I make my motion, Mr. President, upon the hypothesis that the motion of the gentleman from Storey (Mr. Chapin) be adopted, making this Constitution the basis. My amendment will simply be that Articles IV, V, and VI be noted for to-morrow.

[July 5.

sented by my colleague on my right, (Mr. Fitch), and I had thought that the proposition made by my other colleague, (Mr. Chapin), as originally made, would cover the whole ground. It may be said that by taking up this first Article in Committee of the Whole, it will be necessary to read it through. Undoubtedly it will have to be read through in Committee of the Whole, and then, after any amendments which may be moved are acted upon, we adopt it in committee and report it to the house, where it is passed, and there is an end of it. When we come to a section that needs amendment, in order to satisfy gentlemen, if we cannot agree readily upon such amendment, the Convention may refer the section to a special committee, to report subsequently, and go on with the consideration of the following sections. I do think that is the best and most expeditious way, and I hope all these amendments will be voted down.

Mr. FITCH. I am perfectly willing, as well as my colleague, to meet the devil boldly in the face; but if it be necessary to have a contest with him, I prefer that it should be limited in duration. I am quite confident that if we commence the deliberations of the Convention by considering the proposition in the first and second Articles-if we begin with the discussion of the much vexed question of the paramount allegiance clause, or the equally vexed question of allowing the right of suffrage to persons who have been in arms against the Government, I am quite sure, from what I have learned of the views of members here, that the discussion will keep us in session till doomsday, or, at least, till the patience of the Convention is worn out, before we come to any conclusion. But let us go on and discuss first the more practical questions-those principles upon which we are to form our local government, and by the time we have disposed of them, we shall perhaps Mr. EARL. I will accept the amendment. have consumed so much of the time of the ConMr. BROSNAN. I do not see the object of vention, and have so wearied members out with this proposition; I cannot see that it econo-speeches, that they will be willing to let us off mizes time at all. If we are to have discussion upon the first, or upon the second article, it must come at some time, and we may as well have it at once. I am one of those who think that if I have to meet the devil on the way, I would prefer to meet him boldly, in front, at the outset, and then, after overcoming him, my journey is smooth and easy the rest of the way. I therefore see no use in adopting this proposition and commencing at the middle of our work. I think the more direct, as well as the most expeditious way, is to commence with Article I, and go through our work in its regular sequence. If we can get through with Article I, well and good; or if we can finish the first and second Articles in one day, so much the better. At any rate, we shall know that we are progressing on our journey in a consecutive and harmonious manner. I am decidedly opposed to the amendment, the proposition, or the suggestion, whatever it may be called, pre

with perhaps only one day upon "paramount allegiance," and another on the "right of suffrage." They will say, "Any way to get rid of it and enable us to go home." But if we get into these discussions now, they will consume four or five days at least. For these reasons I am for postponing those sections which are likely to provoke discussion until we have disposed of and settled those which are not likely to provoke discussion.

Mr. BANKS. I understand the question to be this: shall we commence at the beginning of our work and pursue it regularly in the ordinary course of a business-like transaction, or shall we commence in the middle of our work? Now, any man of ordinary experience in life would say, upon general principles, that it is best to commence at the beginning. What reasons, then, have we heard offered for changing the rule which governs in the ordinary affairs of life? Simply such reasons as are based upon

Mr. EARL'S amendment was modified so as impeachment, and in cases of the militia when in actual to read as follows:

service, and the land and naval forces in time of war, or which this State may keep, with the consent of Congress, in time of peace, and in cases of petit larceny, under the regulation of the Legislat ure,) except on presentment or indictment of a grand jury; and in any trial in any court whatever, the party accused shall be allowed to appear and defend in person and with counsel, as in civil actions. No person sha.'l be subject to be twice 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 of law; nor shall private property be taken for public use without just comThe question was taken on the original reso-pensation having been first made or secured, except in lution, as proposed by Mr. Chapin, and it was cases of war, riot, fire, or great public peril, in which case compensation shall be afterwards made. agreed to.

SEC. 9. Every citizen may freely speak, write an publish his sentiments on all subjects, being responsi fol-ble 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 and civil actions 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 or exonerated; and the jury shall. have the right to determine the law and the fact.