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About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web at|http: //books .google .com/I I J^^^l> ■■%J • ■ j " f DEBATES AND PROCEEDIN( CONSTITUTIONAL CONVE STATE OF CALIFORNIA CONVKNED AT THE CITY OF SACRAMENTO, SATURDAY, SEPTEl E. B. WILLIS AND P. K. STOCKTON, OFFICIAL. STElTOaRAFHEIiS. Volume II. SACRAMENTO: STATE OFFICE, : : : ; : J. D. YOUNG, SUPT. STATE PKINTIh //>y ' LIBRARY ^ or THI LEUNO STANFORD JUNIOR . UNIVERSITY. , OP THE CONSTITDTIONAL CONVENTION. IS may be required of the M>. WHITE. All .that I wished to do was to show tbat I fcave the m absolute powers and that they ivere to arraneo the farea and freighta as in their judgment abould be foir and juat. I^w, is it oonimon sen je for this scribbler to write dovrn that Lefaod SUnford wuuld be willing to put that power into the bands of any three men in this State? I regard U — ii-.^iiT—t -"-""— sndtbe moat malicioUB Wirt of lying that could re tbat the Conveotion reaolTe itself inki Com- it aa the ailliest m Ma. HOWARD. Mr. Tresident: I rise lo a question of privilege. Tbia is a matter of no very great importance, perhaps, but I takr ' — eiceptiona to this publication. The firat ie, that it inainuatea tha whole Conimiltee on Corporationa, in advocating thia scheme, have been in the interest of the Central Pacific Railroad Company. Now, i •eema to me that the daily denunciations of the pre«B in the inleresi ey of tha curponitiona, notorioualy >o of the Centrsl Pacitic Rai miiany, should have protected ua from any such imputation, principal organ here has denouDced ua aa Commuoiata, and has | virus to it by saying that we are Communists aa bad aa Jesua Chrisi the Supreme Court of the United Btates. [Lan^bter.] Well, no seems to me that that should have been sufBcient to have demonatreted to the wriler of this article that none of ua had been »(oto«d away in thi pigeon-boles of the Central Pacific Railroad Company. Again, sir, the writer is entirely mistaken when he asaumes to aay that the magnates of the Central Pacific Railroad Company desire thia ^ mission, because they believe they can control it. Now, sir, tbat iaa take, because they made an experiment on three Commissioners v proved disialrous. I have it from authority which I believe, tl (sriain rsilroad agent, or assumed railroad agent, aiiproached one of the Inrmer threo Commissionera with a proposition. He happened to be a [nan of honor, who had borne hia country's Sag on manj a field. He was indignant to an extent amounting lo a towering paasioD, and he made an appeal to the code — not lo the Civil Code, not lo the Penal Code, not to the code that obtains among railroada— but lo the code which did obtain among gentlemen once. The officers of the railroad at once declared that the jurly who had approached this gentleman had done il without their anthority, and they disowned him. Of course that stopped it. But the railroad took its revenge. When the Legislature through its conduit pipe it run into tUe Legislature the Hart bill repealed the law under which the Ihen eiisting Commission had been carried on, and of course wiped out the Commission. And thev substi- tuted for it, and carried through the Legislature, by means which I need not reiterate, a proposition lo have cue Commissioner. It seems that they came to the conclusion that while they could not manage three, (hat one, as the Irishmen say, mi^ht be very convenient, and, therefore, Ihey dispfaced the three Oimmissioners and took the one. It was given out that the Governor would veto the Hart hill, and it was believed by • great many people, but when he came lo acton the matter his pB' ism got the Mttcr of him, and he signed it. That waa the end ol letter i That iE ing und ind the ai Nor f mplished a t all, " . if il of'thh . Bible for them to buy up the three Commissioners — which they havi unt been able to do yet — or experiment, the people could fall back and elect three others who have been under fire and come out unscathed of the three Uomraissionera. There ia another thing in this matt«r- ■nd I asiy here, that if the writer of this loiter was not alioveauapicion—l would believe tbat he bud been ttoaed, and that this attack waa a weali aincethey haveseen proper to provoke thia attack upon ua, which I may aa wall mention. Two or three years ago, the Norlb American Review published an article which stated tbat tha railroads no longer purchased voles in detail, but that when thev wauled a Senator, tbev elected hi" advanced cash enough to elect him— and tbat then tbey owned during hia term. The Central Pacific Railroad Company seems to I profiled by that suggestion. They aeam of late to have elected the "— ■or, andlo_^VB put a collar itn him, with "Central Pacific Bail- >m told here I] was be ^ r , ^ >d did bis best to carry the Hart udl through. Therefore, il is, I aay, that the learned auf ' ' ' leUer ie barking up the wrong tree. He doea not understand fully, and whatever may have been hia purpose, he is mi . gelher in his facls — if he has any facts — or in his coujecturesi and he floes not pretend that they are anything more than conjectures. It . .. f^^ that he had been dreaming, and it waa nothing ibuliam which dictated this letter. Ma. 0-DONNELL. It won't take two n Mh. HUESTI8. If the house desires to Thb CHAIR. Doctor, go on. le State and National Legji eir awom duty as memU department of the government, they will be defei In the discharge of my duty as a delegate t gave < agers of a vulgar newspaper called the Chronielt. newspaper on the law of^ihel. 1 voted for a measi essential lo .the protection of aociety from the all ibelem. In Ibis step I aclrd in concert with some c nembers of this body, and for the exercise of my ri lave been vilified by the paper which I confess o imong honorable men. I shall at the proper time ind endeavor to aid the aulhori ties in their endeavo ojnatice. I do not think them worthy of the notio dered aak the paaaage of any resolution, nor do thej cation. All 1 ask now ie the privilege of assurii this body that the charges publialied against me in are utterly false and without foundation, and 1 pi due time I will cram the libel down the throats ot i I thank you kindly for your aUention. resolve itself into Committea of the Whole, Mr. La the question of the report of the Committee on Chii IN COMMITTEE OF THE WHO Ths chairman. The SecraUry will nai the ■ Thk secretary read: SicTioN 1. The Legislature shall bave and aha to enact all needful lawa, and presoribe necessary protection of the State, and the counties, cities, and the burdens and evils arising from the presence i who may become vagrants, paupers, mendicants, c afllicled with contagious or infectious diseases, a dangerous or detrimental to the well-being or peaot impose conditions upon which auch persona may rei to provide the mcana and mode of their removal failure or refusal to comply with such conditions; ing contained in the foregoing shall be construed t( power of the Legialatura lo pass such other police li It may deem necessary. Ma. BROWN. I move itsadoplion. Ma.AYERS. Mr. Chairman : I believe it was debate should exhaust itself. The debate has tali entire article. Thk chairman. If there be no objection to si Ma. GRACE, It seems to me that the debate ba: don't see as there are any speakers here. The aectii Tax CHAIRMAN. If there are no amendmenl Secretary will read section two. with I nittee would be here this ever m uiwn that point. It is in irt, and I hope I lines of the 1 passed so that it canuot be la amendment, hut I suggest that the words, " invali lagiouB or infectioua oiseases," means altogether I mora, I believe, than the committee themselves because they may mean such diseases aa are conlagi ma^ inflict any people, and they certainly do n< police power of thia Stale invoked for the purpos simply upon that ground. Now, the section ahoul ified so as lo reach only the point aimed at. It is n person have the smallpox, ur anything of that kii tagioue, that for that reason we would send them o this is broad enough to cover that. Now, th< amended so that it would mean exactly what thi had in their minds when the section was framed. ■,but rill b a Uken )ehad,e but II tore than a feat of sc i. HUEt In Pfmyn; Mb. O'DONNELL. I rise to a question of privilege. 1 rise question of privilege. ' I have a right here on Una floor. Tax CHAIR. Does the gentleman withdraw hia motion? Ma. HUE3T18. No, I will take the ruling of the Chair. Tux CHAIR. You are not in order, Mr. O'Donnell. 81 t abould be had n< temporarily passed, Ma. PRELID. Mr. Chai adopted. The Chairman v ill have an opportuni aa ho may deem fit. usual business with propriety. DEBATES AND PROCEEDINGS Mr. AYERS. I Kud up an amendment to section ooe. TnKeECBETABVread: " Strike out all after the word ' ahall,' in the first line, Ui and iuclud- iae the ward ' and,' in the second tine." Mr. AYER3. The object of that amendment ii to make Ibe enaa- ment of Buch ^w< and tbe exercise or Bucb powers mandatory. Mb. STIURT. I lupuose the whole article is open lo discusaion. Tee chairman. It is all under consideration. Mr. &T0ART. I have been apatient listener in tbisCan' have not been on the Soor since its first organizatinn — over ago. I have heard what was said with a great dea sometimesi and sometimes with disgust and disappointment. I have been, during my life, in Califamia nesrl; tbirt; yean During the tbirt; years that I have been here I have .been a cultivator of the soil. I have made my living, raised and educated a large family through the cultivation of the soil. 1 have employed hundreds and hundreds ol men. I have never been in the political arena ; it is distasteful Ui me, and COIls«)Uently I know little of the polilicsl movements, and of the management, and the plans that are used in the State for jelf- preference. 1 do not know whether 1 shall get through lo-night with what I want to say, or not. I am somewhat unprepared and unaccustomed to publir speaking. I wit] only make a few remarks, and then prepare myself for some future day on this article a little better. Sir, I am opposed In all these sections from number one to number eight. Tbey are not proper to be placed in any Constitution of the United States, let alone ours. It is in direct conQict with the Constitu- tion of the United States and the treaty-making power. It is a boyish action for us to admit either one orthe whole of these articles lo be engrafted in our organic law. It would be the laughing-stock of the world, a disgrace to the State, a movement toward secession, and a disre- gard of the constitutional latrs of the United States. 1 am not pre- pared to be one of the advocates of, or one of the silent listeners here and have it pass. I believe, sir, it is in conflict with article six of the Constitution of the United States, which says: "TbisConstitulion, and the laws of the United SUtcs which shall be made in pursuance thereof, and all treaties made, or which shall ' made, under the authority of the United Stales, shall be the suprei... law of the land ; and the Judges in every Slate shall be bound thereby, anything in the CoDstitutiou or laws of any State to the contrary nol withstanding." That is sufficient for me, sir. That is sufficient for any intelligent gentleman in this body to reflect upon before he will take up a holcb potch, you may call it, or a set of articles of that ehoracler, that is neither one act or another, that belongs to a Constitution. It looks to me Mr. O'DONNELL. You soy you have employed hundreds of men ; have you not employed hundreds of Chinamen T Ma. STUART. I have, sir, thousands of them, and hundreds of while men and thousands of white men, too. Ma. O'DONNELL. I thought so. Mr. BTUART. That is what I am coming lo now. There is not a man in California in my profession, that of farming, but what employs, directly or indirectly, the Chinaman, The Chinaman becomes your cook, the Chinaman becomes-your servant, he becomes your hewer of wood and drawer of water, even in the City of San Francisco. The Chinaman bus been, for the last twelve or fourteen years, a hobby, hoise for all political parties to pass their resolutions on and mske their plat- forms. Before that, it was the honest contraband in the fence. The honest contraband and the Democratic party came bond and hand into every campaign until, flaally, the question was ended in blood and war. The honest contraband now is never heard of, but the Chinaman is in the fence in his stead. The Chinaman is now used by both parties, or by all the parties, if there be more than two — I believe there are three parties now. One party, which is probably like otlier eruptions of that character^ may throw something upon the surface that may remain there, 'There are a good many elected by this Workingmen's party, young men that I delight to know, men of talent, of character, of responsibility, and I hope they will succeed as politicians, 1 hope tlie^ will succeed as men, but I hope they wilt not lay themselves up in this Convention for the purpose of future promotion, for future renown. Here ia the place io make it without regard to their political party, without regard to who will be Governor, or who will be the Judges, or who will be the next repreacntatives in our Legislature and in our Con- gress. Jhesa things, sir, are what I am aitouished at. This thing is whot I have listened to for months with a great deal of calmness and a great deal of interest. These are matters which the gentlemen who are foremost in their aspirations probably know better than I do what their motives are, I do not intenif to impugn them. But let me go back a little further. In eighteen hundred and fifty, 1 believe it was, in San Francisco, there was a celebration of the admission of California into the Union. I think it was Ocmber fourteenth; the Stale was admitted on September ninth. At that time, sir, if I am not mistaken, the Chinamen, few as they were, were admitted to a post of honor, and they followed the officers of the Stale and city in the parade. Prom that time down to the war, every movement of our government here and to capture the oriental trade. There were treaties made, first by force, by Porter, for he went with the navy, ncit by peace, and next by Mr. Burlitigime, who was at one time in the Congress of the United States. The Burlingame treaty admitted, and has since admitted, the Chinaman to our country as free probably as any other treaty that bos 3 been the laborers of Ihi we have plenty of here; a «r of a Constitutional Coc lilmods built since. The for al most twenty years. I will go fnrther. If I Qsi -.onvemion of the United BUtes, I Im sn article there to repeal the Qll- fr forty million of inhabilania now, of born. We have too many. We h«va nr thousands - ■ ■ "■ ■ the United States, of so-called white laborers" that never have worked, never intend Io work, and never will work. I do not desire Io go into details on that subject DOW, I desire more especially to have this article paseed over until the Chairman of the committee comes in here so tliat be can eiplaiu them to me. Looking at it as a juror, it looks like a perfect botch polch — nothing in it. There ia not a section in the report thai should be put into ai)^ school t>ook, let alone the Constitution of the Slate, It is all very pretty Io talk about, and the speech of my friend, the Colonel from Los Angeles, Colonel Ayers, was all very heauUrol, handsomely arranged, beautifully delivered, and it almost, as Agripp* ^id to Paul, converted me. Also, my young friend to the right, Mr. FrBud, j It « averted me. Also, my y< n his college days. lien t there i quoted all his authorities from the mluority was pmeect our Mend I report of the different Judges. Mil ayers. Not all of them. Mr. STUABT. Well, most of them, I took notice. He also quoled very lengthily from Roger Taney. 1 remember when Taney m«de another decision. Do vou know what become of it? I remember his Dred Scott decision. I'think that was the first political case that was ever decided in the United States, and I rvmember what that led lo, end I think you do. I want to steer clear of all that kind of Conal- tution making here; I want noife of those things to be thrown up to us when we are out, by the Courts, or by the United Stales Courts and these attorneys—that we are a set of school boys, here as a debtling society, getting in things not competent to a Constitution, and things that would not be fit to put into a common school book. I will say, lor one on this floor, thai I am in favor of hplding Ai that Americans shall rule America, I have no confidence in th of discontent, as you call it; I have no confidence in anything tl top. It Is only intollect that will tell in the Un ited Slates'; Iwenly— (what I mean by fanners is, men that have cultivated the land for years, men connected with farming pursuits, men who, live upon farms and support themselves and farollles there) — 1 believe that a vote among them to-night, sir, would thmw that report into the waste basket. They would say : " We want labor; let the Chinamen alone." I.et the Government of the United States control the matter; place It in the hands where it belongs, and have none of this senseless tinkering here, as you would tinker an old tin keltle if It was leaking. 1 bavs not inflicted vou before, and I do not Intend to now, I am somewhat unaocuetomed to this kind of buBluess, consequently I am goingTo leave that to others who are better jiosled than myself— after awhile. Chi- nese immigration is injurious to the counlrv, is ItT Chinese immigra- tion to the coiiDtrv has made it what it is. ^Derisive laughter.] Labor has made it what 'it Is. The labor that has been done for the last fifleen years has been the progre.'ulve labor of the Stato of California. It has been labor that has cleared up farms, that has planted fruit trees, that has built cilies, that has done every thing except the mining, and even then, the tailinis we always used lo rent to Chinamen in earty days. Everything has been done by this labor. There is only one class of men you can get for si ' ' wanted to do. I one Chini ,s that will do what they on s worth two Chinamen; thst [laughter and hisses]— that is, for labor. It is a well known Eici [uut in ai) nature, both animate nnd inanimate, both animal sad every other kind, that the weak fail under the march of the stronf. That is a well settled fact in all governmental philosophy— that the weak fall under the strong. The black man has faded away, and the Chinaman Ukes his place as a laborer. He is for a day, and gone. The idea of the Chinaman, or the Chinese Empire, overthrowing the Anglo- ^xon race is preposterous. A hundred thousand a month scattered through the Unite! States would not affect it in o hundred yeara. The growili of the United Slates is something, and their energy is a pat deal; and it has surprised me that the laboring portion of the people of "fornia have not captured all this floating capital of labor and rented it to us at increased rates. That is what has been astonishing to me. It has not been astonishing. Almost every gentleman that ever ^t has been perfectly astonished at something, I have never been astonished. Nothing astonishes me. One of the gentlemen from San Francisco said money never made the an. Well, that might be so, but 1 would like to see the man that ever made money and became very wealthy but what isabigman. I would like to see the nation that has large amounts of money and has become very rich, but baa been great. That ia a mistake. It fills in very well n speech ; it Is beautiful to the ear, and It is very well for those wbo Lre satisfled with declamation only, 1 will not say anything more one half of the population of the United Sutes— over twenty mill- of men who feed the world. Two years of the stopping of farm- ing—yes, one year— would starve one half of the nation to death. The Bee. 9, 1878. OF THE CONSTITUTIONAL CONVENTION. 643 farmers have made the coffntry wealthy ; the farmers and the producers have covered every sea with the white sails of our commerce, and have gridironed the land with railroads. They have controlled the lightning and sent it over the world. The farmers and cultivators have done this. Kot the consumers that my young friend thinks so necessary. They are necessary if they will labor; but the consumer should eat the bread from the sweat of his brow, like all of us have done who lived here long, like myself. For three score years I have worked all the time; I have been laborious all my life; I have done hard manual labor; I have succeeded in doing that which I laid out to do, and con- sequently I have no regrets if I am not called a workingman. But I tell you that I am not speaking for any party. I do not belong to any party. I was elected by a nondescript party, Kon-partisan. You can call me Independent, Republican, Union, American man. What I was speaking about was not my own nomination. What I say in regard to repealing the laws of naturalization I do not wish to be understood as saying for any party. It is mv own doctrine; it is not the doctrine of any party I am acting with. I have got my own ideas upon the subject, and I have got them from reading the monthly review, not from my neighbors, and not from any political friends. Now, I would like to hear some gentleman from among the farmers say something in regard to this question. REMARKS OF MB. KORL. Mr. NOEL. Mr. Chairman • Mb. LARUE. I would ask the gentleman if he is a farmer? Mr. NOEL. Mr. Chairman: I do not desire to make a speech on the Chinese. I simply wish to express my satisfaction with section one, and my entire dissatisfaction with all the remainder of this report. I am pcepared to go in this matter, that is, to rid the State of the curse of the Chmese, Just as far as we can go consistently, and I am not willing to go any farther. fCriesof "louder."] My lunes are weak. This section one seems to me to be justified, if I understand it, by the exercise of the police power of the State. Mr. BEERSTECHER. I believe the gentleman is an attorney at law. I would ask him whether section one confers any new powers at all ; whether there is anything in section one, as presented to us for adoption, that confers any additional powers upon the Legislature, or in any way changes or alters the condition of things as they exist to-day. In other words, whether section one amounCs to anything at all ? Mr. NOEL. I will answer the gentleman. I believe it confers no additional power on the Legislature. I believe to-day that the Legisla- ture has this power. But it seems to be deemed necessary that the Con- vention should give expressicAi to something upon this subject, and it seemed to me to be about as harmless an expression as we can have, thereA>re I shall support it. [Laughter.] There is one other section, Mr. Chairman, that I do not know but I might support — section three. Mr. BEERSTECHER. That secures the unanimous support of the Independent party*. Mr. NOEL. Yes. The Independent party is entirely sound upon the Chinese (question. Section tnree provides: "No alien ineligible to become a citizen of the United States shall ever be employed on any State, county, municipal, or other public work in this State after the adoption of this Constitution." I see no objection to that, so far as I am concerned. I will support that and section one, but no more of this report. BBMARKS OF MR. WHITE. ^ Mr. WHITE. Mr. Chairman : As a farmer who, like Mr. Stuart, has lived on a farm and raised his family and supported them out of the produce of the soil, I wish just to state at this time that I entirely dis- sent from his views in every particular that he has expressed them ; and I will state, with regard to the farming community with which I am connected, that of the Pajaro Valley, the facts of the case. In eighteen hundred and fifty, eighteen hundred and fifty-one, eighteen hundred and fifty-two, eighteen hundred and fifty-three, and eighteen hundred and fifty-four we had plenty of white labor. There was not a Chinaman in our neighborhood. We neither had them as cooks, servants, or in workhouses. We never employed them in the harvest field, or in any other capacity whatever. So it run on for some years, and finally the Chinamen began to come in and settle in our center, in Watsonville. The^ crowded in there, and as they crowded in the white labor seemed to disappear. I will sajr for the farmers of that valley, that they univer- sally had a great objection to employing them at all, but at the time of the harvest they would employ them to bind; and they gave them out the jobs of binding in the neld because they could not find white men. Now, as to this great army of tramps which is talked about as some con- tagious sort of people that come around, I will toll you that my house is on the trail that was the shortest trail from the County of Santa Clara to Santa Cruz, consequently a great many white laborers came with their blankets, and I will say that I never wanted a man that these men would not turn in and work when I asked them. In the twenty-five years I lived on that trail I never was refused by a single man, and I never even, in any way, was troubled b^ the tramps. When I offered them work they invariably took it. That is my experi- ence. Even the religious papers talk about tramps, and some of tnem even say they ought to be seized and put into prison, at the time when the Chinamen were housed around these men's houses. They have no sympathy at alt with the men going around, and say the^ do not want work. I do not know of any such men traveling in this State, and I have hdd some experience about it. Now, sir, oflato years they have been determined to get rid of these Chinamen, and they have worked in every way to prevent even their binding. For years I have not employed them. My sou runs the farm, and he does not employ one of them ; and he finds it more profitable not to employ them. Twenty-five cents an acre is saved by using white men to bind the grain, and that is about the difference in the wages. That is the tendency among the farmers as to being rid of these Chinamen. Let the white men come; the men that will bring their families and deal with the stores and give the store- keepers some sort of show. The storekeepers and ranchers are joining in this cry against the Chinese, because they do not get any trade from them. They have no wives and children. They live upon a little rice, and they go to their own little stores to get that Now that is the state of this case. Can a country possibly prosper under the doctrine of Mr. Stuart? Here is a large laboring class. They can scarcely do anything else but labor for others. They are all thrown out of employment and looked upon with contempt, and a gentleman says a n^gro or Indian is worth two of them. If these Chinese were out of the country, these men would have a chance of working; they would settle down; they would take a few acres of ground. I wish I had at least five or six families of that kind settled on my pktce; let them have a few acres of land, and have them work for me m the harvest and in the Spring, and they live on the few acres of land in the meantime. We are trying to get rid of the Chinese in any possible way we can. We do not mistreat them. I cannot have any sympathy with the ideas expressed by my fellow farmer, because I know and see that the country is held back by these people. Mr. Chairman, I did not intend to speak on this question at all, but Mr. Stuart appealed to the farmers, and I was astonished at the doctrine entirely in favor of these men running over the country. A short time ago some men proposed to buy four or five ranches down towards Santa Barbara or Los Angeles somewhere. They had it all planned out to put a couple of hundred Chinamen on there with cattle. They had it all planned out on paper, and it made a splendid speculation. They were getting a large capital subscribed in San Francisco, and they were going to do this until, upon consulting with some friends, the^ were told : " Do not do it; the people will go down there and clean it out, if it costs every one of them their lives. They will rise up." And through very fear these men did not do this thing. Now, if we are to preach that kind of doctrine, there would be no fear, and California would be absorbed by these men. It is all nonsense to say that that kind of vassals can come here and do not drive men out of the country. There was no difiiculty in getting white hired girls some ten years ago. These men in San Francisco tell us that white girls do not come here at all now because they know that these Chinamen are in every house. Is this a wholesome state of affairs? These laboring girls used to come here and finally became the wives of good men. Now they do not come here at all; they go west, or somewhere where there are no Chinamen. I trust that there are very few farmers that hold the views of Mr. Stuart. I hope so, for the honor of that glorious profession of farming, which I have always gloried in. When I left it for a time, I could not keep away from it, and there I am still. [Applause.] The CHAIRMAN. Orderl Order! Mr. STUART. Mr. Chairman : A year ago last Summer about twenty or thirty white men came up near my place. I went down with others to employ them. I wanted fifteen, I think; another wanted ten or twelve, and so on ; and We took them all. After a little they inquired : "How much will you give?" "A dollar a day and board." They wanted a dollar and a half. We gave them until Monday morning to make up their minds, otherwise we would get other help. Nobody came. They did not want work. They would sooner go to San Fran- cisco afoot; sooner go back to their beer. It is always my rule to buy an extra amount of beef and deal it out piece by piece to these^tramps that come along. We have got to feed them. I would employihem if the^ would work for me. But I have always found myself the loser. It IS not necessary for me to tell the gentleman this. If he has been a farmer twenty-five years ho knows it. Speaking of the girls; it has not been the case for ten years that you could get a good one that would stey and work. I have paid high prices. I have paid them as high as eighty dollars a month, and found them ; sixty dollars a month, and found them, when I lived in San Francisco. I have paid forty dollars a month— nothing less than that. Take them up to the ranch, where they could not bear the bell ring along the railroad line^ and they get sick in a week or ten- days and go away. Mr. BEERSTECHER. I would ask the gentleman if he considers one dollar a day and board fair wages? Mr. STUART. It is fair wages. You can get them East for twelve and fifteen dollars a month— that is half a dollar a day. Mr. BEERSTECHER. I don't wonder that they do not work for you. Mr. white. Wages in the Pajaro Valley are two dollars a day, and always have been, so far as I know. [Applause and confusion.] The chairman. The house will keep order. Mr. INM an. I would like to know if this is a political meeting? The chairman. The Sergeant-at-Arms will keep order in the lobby. REMARKS OF MR. O'SULLIVAN. Mr. O'SULLIVAN. Mr. Chairman : I must confess that I have lis- tened to this general tirade with indignation. Who are tramps? There are just as good men as any on this floor tramps in California. We were all tramps in forty-nine, will the gentleman remember that? Many ^ntlemen here, forty-niners — I am a forty-niner myself, have tramped in this State, in the mines. We were all tramps then and carried our blankets on our backs, and have seen an honorable and honest work- ingmen as there are in Qoc^^'s world tramping in this State in search of work and could not find it. I venture to say that the gentleman is an employer of Chinese. Mr. STUART. Yes. Mr. O'SULLIVAN. Yes; I knew it the first words that fell from his lips; that he bad such a hatred of his white fellow man —^» CEEMNG3 TiiEsDAT, aiij aame other time. Somebodj else will spring up bo Boon u VACQCEREL. Mr. ChaimiSD : Assertioai have been made here ns ■ IbreiEa-barn citiieu, protest against. I will cbellenee anj I diecuBa that qucBtiou u|-aD the great principles of republicsn- bich are liberty, equelitj, and fraternitv, od the principles nr inity and the principles uf humanity. 'Soil, sir, on the pHnci- liberty. The Constitution of the State of Califomia.sectioii one ^jon two, declare that we hare an ioatienable right to defeivl oar id liberty; consequently if our life is in danger our liberty is also. er our life is at stake by a tiger, or whether it is at stake by etar- it is alWBvt at stake, and wUl not be any safer for it. We poaseis ht lo defend our life, and if wc do not, our liberty is speedily Certainly a man is free to do good or evil, but whether he does ' evil he has to meet the consequences of his acts. The very it he does an evil he destroys his libertv. All these thini^ aie ry. Then follows the puniafament which is to bring him back lo hs of virtue, justice, and truth. Therefore, as Chinese inimign- tn evil it tends to destroy liberty; and in the pure nsjne of liberty •e Chinese imniigralion. Mow, sir, on the principle of equal- rill oppose it. When I say equality, 1 do not mean the siie of the I do not speak of his eiwnamy, or his religion, but the rccipnidly isu well as rights. Now, gentlemen, can any gnveniment exist — y society or nation exist, in which every citiien has not aom* t of duties lo perform T So duties without rights, no righls t duties, is the great maxim upon which repose all humsii . Equality of rights, equality of duties. But do the Chinese 1 the same duties as anj other foreiener— as it ia always I in the face of foreignersT Does the Chinaman nerform thai uly that these other foreigners do? 1 deny the i g the same duties they cannot claim the satne rignui, ana inere- the ground of equality I oppose Chinese immigration, itianily, fraternity, and humanity; these three great walls which een thrown often at the face of the opponentauf Chinese immi- . It is for bumsnity'g sake, and the sake of the Christian Giith, say to these men, and to all those who bring them here, and »ho employ them, do not tramp upon our libertiea, u|ion our Let Bs be men. Lei us be women. Do no* try lo bring'us ■« '■ Respect us, if you want us to respect you. Do not try to stans 'ou do not want to be starved. Listen to the voice of reason, lie people's cry. Watch the popular wave which is rising every it. Bead tha history of the past, and learn from it lessons oi ce and wisdom. Bome rcvulutioa ^11 teach us charity and far- ce. Yes, Lwould be charitable, and I am, but when I took about i see my comrades in misery and their families destitute, can' my jr a moment forget that this misery has been brought upon them presence of these Mongolians. I ask myself, whether, in order to liable to the Chinese, 1 must let my neighbor starve and die of ■T Nol There is a reason that forces every man to Uke Ihii It is a stern fact sad we have to meet It boldly ; it moves slowly rely, but it has already produced and shown its effect last Winter, ing to the laws of nature there is no effect without a Okuse. We a the cause— the Chinese— and the effect will soon produce itself. ,ion stares us in the face, and with it degradation and crime. Wby, airman, did our forefathers give their lives so freely for this land they have sprinkled with their bloodT And are we, in this very ' "' aristocracy of blood t To men who have of ChriEtiaDity,and all sense of humaniljT or the sake of furthering their own views, sre willing to starve silow men. Blind they must be if they cannot we that their Till bring its punishmenL Do they not tlynk that one day Ihey e called lo answer to these very people for their crime T Tber heir time will come, but I am afraid it will be too late. Let ui is question fairly and honestly. Let us take the responi "or what we have done. irkMD WICRES. I will be brief in the remarks I shall e best part of our time baa already been diasiputod. I now moTi e committee rise, report progress, and ask leave to sit again. IN CONVENTION. CHAIR. Gentlemen: The Committee of the Whole havi ted me to report that they have had under consideration thi )f the Committee on Chinese, have made progress, and ask leavi BEBR8TECHER. Mr. President : 1 move we adjourn. upon us; and, after having done what is right, then let the ty be responsible for what we have done. [Applause.] CHAIRMAN. The Sergeant-at-Arms will keep order. SEVENTY-FOURTH DAY. SicRAUENTO, Tuesday, December 10th, IBTS. convention met in regular session at nine o'clock and thirty min- I., President Hoge in the chair. . ■oil was called, and members found in attendance aafollowsi Bar.7,' Belcher, BeU, -^^, Dec. 10, 1878. OF THE CONSTITUTIONAL CONVENTION. 645 -•J Blackmer, Boggs, Boucher, Brown, Burt, Campbell, Caplea, Chapman, Charles, Cowden, Crouch, • Davis, Dean, Dowlihg, Doyle, Dudley, of Bolano, Dunlap, Edgerton, Estee, Estey, Evey, Farrell, Filcher, Finney, Freeman, Freud, Garvey, Gla.scock, Gorman, Grace, Graves, Gregg, Hale, Hal!. Harrison, Harvey, Heiskell, Herold, Herrington, Hilborn, Hitchcock, Holmes, Howard, Huestis, Hughey, Hunter, Inman, Johnson, Jones, Joyce, Kelley, Keyes", Kleine, Laine, Lampson, Larkin, Larue, Lavigne, Lewis, Lindow, Mansfield, Martin, of Santa Cruz, McCallum, McComas, McCoy, McNutt, Miller, Mills, Moffat, Moreland, Morse, Nason, Nelson, Neunaber, Noel, O'Donnell, Ohleyer, Overton, Porter, Proutv, Pulliam, Reddy, Reed, Rhodes, Ringgold, Rolfe, Schell, Schomp, Shoemaker, Shurtleff, Smith, of 4th District, Smith, of San Francisco, Soule, Stedman, Steele, Stevenson, Stuart, Swenson, Swing, Terry, Thompson, Tinnin, Townsend, Tully, Turner, Tuttle, Vacquerel, Van Dyke, ^ Van Voorhies, Walker, of Marin* Walker, of Tuolumne, Waters, Webster, Weller, Wellin, West, Wickes, White, Wilson, of Tehama, Wilson, of 1st District, Winans, Wyatt, Mr. President. O'SuUivan, Reynolds, Shafter, Smith, of Santa Clara, Sweasey. ABSKNT. Berry, Fawcett, Biggs, Hager, Casserly, Martin, of Alameda, Cross, McConnell, . Dudley, of San Joaquin, McFarland, Eagon, LKAVK OF ABSKNCK. Leave of absence for one day was granted Mr. O'Sullivan. Leave of absence for two days was granted Mr. McConnell. ' THR JOURNAL. Mr. BEERSTECHER. Mr. President: I move that the reading of the Journal be dispensed with and the same approved. Carried. PETITION FOR LIKN LAW. Mr. CONDON presented the following petition, signed by a large number of mechanics and other citizens of California, asking that a pro- vision be made in the Constitution for a lien law : To the Pn-tident and members of the Constitutional Convention : Gbmti.kmbn: The undersigned respectfully represent that the practical working of the present legislation, and decisions of Supreme Court baaed thereon, regarding the lights of mechanicii, material-men, and laborers to a lien for their labor and material fnrnished, is such that those who in a measure depend upon such law for Just protection fail in nearly all cases to obtain it, because of the inefBcient working of said law. Wherefore, we pray you tu declare, in our organic law, the right of every mechanic, material-man, and laborer to a perfect lien on the thing whereon his latwr has been expended, or for which his materials have been furnished. Moreover, we would state that we would be satisfled with amendment number one hundred and sixty-seven, introduced by Mr. Van Dyke, on October tenth, eighteen hundred and seventy-eight, and read and referred to Committee on Miscellaneous Sul^ecta, as follows : '^Skc. — . Mechanics, material-men, artisans, and laborers of every claes shall have a lien upon the property nn which they have bestowed labor or furnished mate* rials, for the value of such labor dune and materials furnished, and the Legislature shall provide by law for the speedy and elBcient enforcement of said liens.** And your petitioners will ever pray. Referred to Committee on Miscellaneous Subjects. Mr. wellin presented a similar petition. Referred to Committee on Miscellaneous Subjects. THB BURLINOAlfR TRKATY. ^R. DOWLING offered the following resolution : Resolved^ That a committee of three be chosen by the Convention, whoee duty it shall be to proceed to Washington at unce and present a memorial to the President of the United States, the Senate, and the House of Kepresentativee, requesting an immediate modification of th<* Burlingame trt«ty, so that Congreas will be enabled to enact a law prohibiting the further immigration of Chinese to the United States of America. Resolved^ That the said committee place the Chinese question in its. true light before 'Congress, and make the necessary arguments reganliiig this Mongolian plague, setting forth the grievances of the Pacific States and Territories on this subject. BesUved, That this Convention provide in the Constitution so that the expenses incident tu the occasion be paid by the State. Mr. brown. I move that the Convention resolve itself into Com- mittee of the Whole. * Thb president. There is a resolution before the Convention. Mr. BEERSTECHER. I second the resolution. Mr. DOWLING. My object in offering that resolution is th^t a committee going from this body and interviewing the President and Senate, and laying the case as it is, in its true light, before them, would have more effect with the President of the United States and the Senate than any memorial sent them. I think the resolution is worthy the con- sideration of this body. Mr. crouch. Mr. President: I move to lay the resolution on the table. The motion prevailed. PUBLIC LANDS. Mr. WYATT offered the following resolution :^ Retolvtd^ ^f rt^— That we, the delegates of the people of the State of California, in Convention assembled, do most respectfnlly instruct our Senators and request our Representatives in Congreas to use their influence to haite passed a law reducing the price of the public lands in this State, within the limits of any railraad grants, to one dollar and twenty-five ccnt« per acre, and to enable bona fide settlers upon nid lands to homestead one hundred and sixty acres thereof— the lands belonging to the United States Government being the refuse or third rate lands, and mostly embraced within the foothills or mountains, and in most instances much subject to drought and *tocarcity of water, making it neccssaril}* expensive to improve and utilize said lands. Resolved, Second — That we respectfully in8tnictt directly repealed, yet if any Act of Congress was passed, which was in conflict with an existing treaty, that Act of Congress vitiated the existing treaty. It being conceded, therefore, that the Gen- eral Government's agreement of delegated powers, and that whatever is not expressly given to it yet remains witn the Stetes, and as a part of the reserved powers of the Stetes, I call attention to the opinion of Mr. Justice Woodbury in the License Oases, as repoited in the fifth Howard, page six hundred and twentjjr-nine; and I would here say to my friend, Mr. Stuart, that these opinions are not the opinions of what he said were minority Judges, but tney are the opinions of the Supreme Court of the United Stetes, renderea in eighteen hundred and forty - seven, and have never been reversed, changed, or altered. Mr. Justice Woodbury says : '^ It is the undoubted and reserved power of every Stete here, as a political body, to decide, independent of any provisions made by Con- gress, though subject not to conflict with any or them when rightful, who shall compose ite population, who become its residents, who ite citizens, who enjoy the privileges of ite laws and be entitled to their protection and favor, and what kind of business it will tolerate and protect, and no one government, or ite agent or navigators, possess any right to make another Stete, against ite consent, a penitentiary, or hospital, or poor- house^arm for ite wretehed outcaste, or a receptacle for ite poisons to health and instrumente for gambling and debauchery. Indeed, this Couif has deliberately said: 'We enterteln no doubt whatsoever that the Stetes, in virtue of their general police power, possess full juris- diction to arrest and restrain runawav staves, and remove them from their borders, and otherwise to secure themselves against their depreda- tions and evil example, as they certeinly may do in cases of idlers, vaga- bonds, and paupers.'" (Prigg vs. Penn., 16 Peters, 625.) In the same case Mr. Justice Grier used the following language: " It has been frequently decided by this Court, ' that ihe powers which relate to merely municipal reflations, or what may more properly be called internal police, are not surrendered by the otetes, or restrained by the Constitution of the United Stetes, and that consequently, in rela- tion to these, the authority of the Stete is complete, unqualified, and conclusive.' Without attempting to define what are the peculiar subjecte or limite of this power, it may suely be afiSrmed, that every law for the restraint and punishment of crime, for the preservation of the public peace, health, and morals, must come within this category. As subjecte of legislation, they are from their very nature of primary importeuoe. Thev lie at the foundation of social existence ; they are for the protection of life and liberty, and necessarily compel all laws on the subjecte of secondary importance, which niates only to property, convenience, or luxury, to recede, when they come in contact or collision, * saluspopuli suprema lex,* " • A Stete forming part of the American Union is nothing less than a family forming a part of a community, and as well might the municipal government — as w6ll might the Board of Supervisors of*San Francisco — dictete what sort of men should dwell in the families of that city as for the Congress of the United Stetes to dictete to the Stete of California, or to anv other Stete of this American Union,* what sort of people should dwell within ite boundaries, providing the inhabitente or citizens of that Stete did not desire these people to remain there. The whole social fabric is founded upon the family, and our government is founded upon the Stetes. . If you destroy the family you destroy the social fabric — you undermine and destroy civilization — and if you deny the power of the Stetes you destroy the American Union, and you are drifting into absolutism, and you ar^ drifting into monarchy — and I think we are going there rapidly. " If the right to control those subjecte be ' complete, unqualified, and conclusive,' in the Stete Legislatures, no regulations of secondary importenoe can supersede or restrain their operations on any ground of prerogative or supremacy. The exigencies of the social compact require that such laws be executed before and above all others.^ Speaking of police regulations and internal regulations, he says: '' It is for this reason that laws which protect public health, com- pel mere commercial relations to submit to their control. They restrain the liberty of the passengers, they operate on the ship which is the instrument of commerce, and ite officers, and even the agente of naviga- tion. They seize the infected cargo and cast it overboard. The soldier and the sailor, though in the service of the government, are arrested, imprisoned, and punished for their offenses against society. Paupers and convicts are refused admission into the country. All these things are done, not from any power which the Stetes assume to regulate com- merce or to interfere with the regulations of Congress, but because police laws for the preservation of health, prevention of crime, and protection of the public welfare, must of necessity have a full and free operation according to the exigency which requires their interference." I also call attention to the words of Mr. Justice McLean in the same case: id The Stetes, resting upon their original basis of sovereignty, subject only to the exceptions steted, exercise their powers over everything connected with their social and internal condition. A Stete regulates ite domestic commerce, contracte, the transmission of estetes, real and per- sonal, and acte upon all internal matters which relate to its moral and political ^welfare. Over these subjecta the Federal Government has no power. They appertein to the Stete sovereignty as exclusively as powers exclusively delegated appertein to the General Government." Mr. Chairman, the decisions which are pointed out, and upon the authority of which it is steted we cannot prohibit the immigration of Chinese, and that we cannot regulate their presence among us, have never attempted to go to that extent. The trouble is this: it has been steted Dec. 10, 1878. OF THE CONSTITUTIONAL CONVENTION. 647 that these decisions went entirely beyond their intent, entirely beyond their 8co|)e, and entirely beyond the authority that was given to them by the Courts that rendered them. The Legislature of this State hajs attempted to meet and to solve this problem, but in their legislation they have gone too far; they have met the Chinese immigrants while the^ were yet within the protection of the laws of the United States; while they were yet part and parcel of the subjects protected by that exclusive regulation of foreign commerce vested in Congress. These laws at^mpted to levy a tax, attempted to put a restraint upon Chinese immigration » while Chinese ifnmigration was protected by that exclusive gower vested in Congress. But neither the Supreme Court of the Uniten ourselves; that by making a Constitution, and by having certain sentences printed in that Constitution, that we can delegate and vest powers in ourselves. Now, the Constitution is no charter of lib- erties at all. A Constitution, in the American sense, is a mere restric- tion of powers? and is no delegation, and never can be a delegation of powers. All these powers are inherent in the people, whether they be expressed or unexpressed, and the Legislature can act without any declaration of this character. But, Mr. Chairman, I propose to vote for section one, because, at all events it will express wnat is the will and the wish and the opinion of the people and of the Convention. I am in favor of every section of the report, even the most ultra section. If these sections, all of them — and perhaps there are some of them that would not be constitutional — at all events, the Chinese of this State will be obliged to take these sec- tions into the Courts and have their rights decided ; and in that way the people of the State can only gain, and they will never lose, by the adoption of this report. That the absolute power to regulate the Chinese resldenta within the confines of this State rests with the State is inherent in the people to-day, and can be expressed by their repre- sentatives in Legislature assembled, I have no doubt; not the least. We can drive them from the confines of this State to-day, but, Mr. Chairman, I have serious doubts whether we can say to them that they cannot come here. We can say to them, " You s^all not stay here." We have attempted to say, '* You cannot come here;" and we have been told that we were exceeding our powers. We have never attempted to say, "You cannot stay here;" and we have never been told that if we did say that we would be exceeding our powers. I believe that we can say to the Chinese, "You cannot stay nere;" and I believe we can say, " We propose to regulate you, even the short time we do allow you to stay here." As I said in the commencement, I do not desire to speak in relation to the damaging and blighting influence of the presence of the Chinese. I merelv desire to state Upon this subject, that unless the Chinaman is driven from the State the white man will be obliged to leave the State. I speak for the young men.^ I speak for the rising generation. I speak for the men that stand here to-day and expect to stand here after many of this Convention have passed away. I ask, on behalf of the young men of this State, that they be not obliged to compete with Mongolian slave labor. A voung man has no chance in this State to-day if he is a workingman. ft does not matter for the opulent. It does not matter for the people that live in palaces, that wear silk dresses and diamond rin^s. It makes no difference to them whether their laborers be Mon- golian serfs, or white free men, or white free women. But it does matter to the white free man and to the white free woman that are obliged to labor for their daily sustenance. There is not a man upon this floor to-day, Mr. Chairman, an|^ J challenge contradiction by any gentleman here, who will say that a white man or a white woman can compete against Chinese serf labor. I do not desire, as I said, to enter into the minutiae and into the details of the subject, but it is a well known fact, as has before been said upon this floor, that if the white man works for a dollar a day, the Chinaman can work for fifty cents; if the white man can work for fifty cents, the Chinaman will work for ten cents. We can- not compete witji them. This is what has driven the boys of San Fran- cisco into hoodlumism and the girls into houses of prostitution. It is because labor has become degraded, and labor ought not to be degraded. I^bor ought to be ennobled. Wherever a mongrel and servile class are the laborers of a countrv, in that country labor heoomes degraded in the eyes of the people; an(f labor to-day is looked upon bv a lar^e class of people in the State of California as being degrading and debasing. It is for the rising generation that we ask that a provision be inserted in this Constitution forever saying to the Chinaman, "Haiti Thus far and no farther! You must leave this country 1 You must go out I You must surrender it to the people to whom it belongs." You must give it to the young man and the young woman for their heritage if you expect to wipe out hoodlumism. If you expect to wipe out crime you must wipe out the presence of the Mongolian in our midst. I desire, at the proper time, to offer, as an additional section, the following : "Section — . All persons of foreign birth, before engaging in any manner of employment on their own account, or for others, within this State, shall first procure a certificate of authority; such certificate shall be issued to any applicant of a race eligible to citizenship under the laws of the State, without cost, by any Court of record of the State. No person of foreign birth shall engage or continue in any manner of employment in this State unless possessed of such certificate; nor shall any person, copartnership, company, or corporation, directly or indi- rectly, employ any person of foreign birth within this State, unless such person possess such certificate. The Legislature shall provide for pun- ishment of violations of this section. Prosecutions shall be maintain- able against both employer» and employes. Each day's violation shall constitute a distinct offense." SPBECH OP MR. KLKINE. Mr. ELEINE. Mr. President, and gentlemen of the Convention : What would you think of a man that would ridicule and that would trifle at the death bed of his father, or mother, or sister? What would you think of him? You would say he is a villain, or a knave, or a fool. Any man of feeling would forbear to do so, and yet, Mr. Presi- dent, yesterday I had to witness such an outrage. Mr. President, and gentlemen of this Convention, we have fifty delegates on this floor who would not be here to-day if it was not for the Chinese question, and they dare not denv this. They would not be here — perhaps some of them would be atdav's work for one dollar and fifty cents per day ; and yet when this Question came up yesterday thev went out in the lobby, and treated it with utter contempt. If this is the conduct of gentlemen I ask you to inform me of the meaning of a gentleman. I do not read it so in Webster's Dictionary. I acknowledge that I was elected as a delegate to this Convention on the Chinese question, and, gentlemen, this question is to me as solemn as the grave. I cannot trifle with it. Why? Because I see the future before me. I see this country will be overflowed by a lot of de^^raded Mongolian serfs. Gentlemen of the Convention, I used to live m the Southern States when the slave-owners looked upon the white man that worked as " common white trash." A feeling of superiority is manifested among these coolie employers towards their white brother that has to work for a living. Mr. Presi- dent, I tell you this is a question to me as solemn as the grave. I have no heart to trifle with it. Why, I can see as plain as I see my hand before me, that this State is doomed for the white man who has to earn his bread by the sweat of his brow. Already we see that our white brothers and sisters have to go and look round for a job to work for a dollar a day. U, Gentlemen, any nation that will look upon labor as degrading, that nation cannot stand. And you talk about the Burlingame treaty 1 The Burlingame treaty is a fraud from the beginning. . lean prove this to you. When Mr. Burlingame made the treaty, the Government of China didn't h^ily know nothing about it. And Mr. President, and gentle- men of tms Convention, you remember that when Mr. Burlin^me came back he lived only a few years. He died. He died almost m despair. Now we look a great deal to Congress. Now, gentlemen, I tell you Congress will never do anything for us. This Mongolian invasion is a combination between capital and the churehes, and you know it. DEBATES AND PROCEEDINGS I will lell you how. I will prove this to you. The churches, both ProtestftDt And Catholics — Protestants more than Catholics, I am Borry to say— thay tell you that we will bring the Chinese coolies to this Pociflc Coast and convert them to Christianity. Now, Mr. President, I will prove lo you now, and tn the gentlemen of this Convention, and those that hear my voice, how they have succeeded. For the last twen tjr- seven yeara — I, myself, am a resident of the State over a quarter of a century, and I know whereof I speak— fur the last twentj-five fifty out of Iwo hundred and filly thousand hfts been converted to Chris- tianity, according to the testimony of about fifteen miaistenof the StAte of Califomia. I can read about this. Mi;. Blnkeslee, a Cungregalioual minister, says that dnrlng his miiaion onlv about forty or fitly has been converted, and out of these fifty half of tbein have been instructed in China, and not a single one of these converts who have made a profes- sion of Christianity has ever assimilated and adopted our manners in any shape or form, but they have remained the same coolies. The aaine degraded coolies that they were before. What has these !ocg-faeed preachers done! They have driven our poor while men, our white boys, and white girls into hoodlnmism. They have made our poor white girls whatT ProetilutesI It is almost family. Nol The mistress of the bouse , wants a Chinaman. She wanbj a Chinaman, why T He is very liandy. She can say, "John, do this," and John does it, and John never savs a word. He keeps quiet ; only when be goes home to bis shantv in C'biaalown, and then he tells all about it— what he has seen, end what be has heard. There you see what the missionaries have done by importing Chinese here. Rev. Mr. Gibson went to China for the purpose of converting Chinamen. He remained there several years, but the work was so self-denying he did not remain, hut came back right in the midst of Chinatown, where be gets a fine, fat salary. Christian charity always begins at home. It is almost impossible for a white man lo get woA, and I assure you, Mr. Frcsideut, and geritlemeu of this Convention, there is not a place in the civiliied world—listen I—tbere is not a place in the civiliied world that would submit to such an outrage as the people of the Pacific Coast. Tliere was never a government in the civilized wortd that would degrade its citizens to the level of the slave, only this government. And let me tell you, I am not a prophet, nor the son of a prophet, but I believe, as God is my witness, that the working classes will rise in a mass, they will not submit to such an outrage. These men that have fought your battles through the late war — you have stripped their children, you have 1 You take away their rights, and now what are you doingT You take their children and start theni otf for low, coolie, servile laborers. But would these coolies defend you when your country is in dangerT Will No t They will laugh at you ; and then you may call upon (he tramps that you now say one dollar a day is enough for; then you will call upon these men to defend you; but these men, remember, will not defend you. They will do their best against you, and they would do right! Wow, gentlemen, perhaps some of you remember — I don't know, perhaps some of you were slave-holders in the 8outh— they drove negroes, they bought and sold negroes. 1 know a few of them here. I lived in Ibc Boulhern States, and I tell you the slare-holden always looked upon the white people that had to work for a living — it was a common expression—" the poor while trash." The poor white trash! Tblit is the expression the slave-holders used to make of the white people, and (hat is certainly the cose now with those that employ coolies. They do not core for the whii« man, for the poor white man, only when they are in trouble. Now, gentlemen, let us look at it now — at the coolie question. Are theya benefit to us? I tell you they have extracted one hundredand eighty million dollars from the State of California in the last twenty years. Every dollar a Chinaman receives, ninety eenta goes hack to China. Now, we have forty thousand of these coolies, servile laborers, in San Francisco. That is an average of forty thousand dollars ■ day they draw out of cireulation. Now, what would be the benefit sup- posing our white fellow citizens would be therv. Wouldn't that remain intheSlate? Wouldn't our city be piosperousT But no 1 The white rich arlstocrats'and the moneyed aristocrats they want the Chinaman, and the whitegirls and tbewbito boysthey canguto perdition. Iftheyonly Now, let ua look at it in another light. Are the property holders benefited by itf Every China quarter in Chinatown — every property is depreciated. Chinatown to-day, in San Francisco, would be the best and healthiest part of San Francisco if it was not for these coolie slaves. All the neighborhood around there is depreciated — the property is depreciated. The Chinaman is very shrewd in one sense. He is wil- ling to pay. He never fights against big rent at first ; hut as soon as he it for his own price all the time, for John kniws that wherever he occupiiM a place it cannot he occupied by any intelligent race, and there- fore John has in one senso a little more shrewdness than some of our white people. Now, let us look at it in another light, gentlemen. Sir, I have listened to my young friend here who made a remark yesterday that California was a prosperous State in spite of the Chinese. Now, I differ with him, most degraded and impoverished Stale in the Union! And t will show you why. California, I admit, is a prosperous State for the railroad kings. 1 admit Califomia is a nroaperous State for the bank^^bers. I admit this; but Califomia and the Pacific C^oast is the mosPllcgr^ed j-lace for anoor white working man to come to. If a white man has to come here let him come, and let him be on an equality with the Cbiua- uian. I know some of tbeae aristocists. They were poor here once, hut they remember not the day Then they were poor, and Ihei for their fellow white citiieus. Gentlemen, I must say, with a to mv adap(ed country, the Americans — some of our America are the meanest men on the face of the earth 1 They do not ci tinenUi for their fellow man as long as their pockets are filled. Now, again, I have heard men wy, " Have the Chinamen not right as a European?" Now to compare the coolie importal European immigration is absurd; and no man that is possesses the Caucasian — you who have been raise^ where we all came compare them with the low Chinese coolies! Ncninebutan In. could make such an assertion. The European comee here, gentle does something (o improve our country. He comes here with religion, with the same feelings, with the same principles wbie sess; and we shake hands with him, and we do right. He imp country, and he fights for the country. Over one hundred thousand souls fought under the stars and stripes that were nt citiiens. Would one hundred and filty thousand cnotie stavei you? Not much 1 Will (hey fight for you? If you think so, yoi Very far back, sure. Now the coolie — 1 a^ipeal to the old pii appeal (o you, gentlemen, who have been pioneers of Califomia will bear witness with me that since the last Iwantv-eight years ever known any Chinaman that assimilated with us? If I "yes," I would tell you a lie. I have never known not or have known some of them since filty-four, and 1 know thei: and they are the same to-day as they were iu fifty-four. Are i^p; iw you are talking about (he Burtingami thing about the Burii ' fraud. Why? Because it will something aboutthe Burliiigame treaty. As I lold y _ . ; is a one-sided lleaty. How can wi ? I/ook here, what we done by an Ad of Congress, appro seventh, seventeen hundred and ninety-eight; "All treaties France and the United States are declared null and void, and i obligatory on the United States." The United Stdtca could treaty null and void with the French Government, but you (el we could not do it with China. And something elsp. The J citizens are not subject (o the laws of China, while Chinese ai to the laws of the United States. Enghind has a treaty wit What does England doT Whst do the colonies in Australia dt manage these affairs, and to-da)i Australia is a very hot plac Chinese. Thev cannot remain (here because the govemmi want them the're. But then you say, if we break the treaty get tea. Gentlemen, we got (ea before we made the treatv wit We will get all the (ea we want. No nation upou earth e) would allow it. For three thousand American merchants oui is to be ovrrfiowed with -slave Isbor. The Pacific 8(esmsh[p ( doingT They have paniei E here certificate. He The negro in the Southern States could never abse permit from his master or mistress, and this steam allowed (o take any Chiuaman bock (o China witl from the Six Chinese Companies. that ninety-nine out of one hundred Chinawomen are prostitv have the testimony of Dr. Toland. We have (he testimony of Gibson. He himself testifies that ninety-nine out of one know it; and our fine Bute' government in California know yet, in the fiice of all these witnesses, thev say: '-Oh, we can di with it ; we can do nothing with it 1" Why can't they do notl it? Because they are owned, body and soul, by the Six Chin panics. And if gentlemen oould see to-dav the influence wh Six Chinese Companies have upon our Federal. State, city, an ofiicers, you would be aurprised. Is it possible for human not: 90 low? And yet, this is a fact. All the wilneseea have declan And now, I tell you I have no hope whatever in Congress, will do nothing for us, let me tell you. We have pleaded (o for the last ten years, and they have said : " Wait ; wait a little And that is all the comfort we get ; and our poor and the risin: tion are condemned to an everlasting servitude. That is just i connected with this China question. This coolie importation n be stopped except the hardy sons of toil slop it. If they don they have to work like the Chinaman. Don't look (o Congre look to the aristocrats, they don't care nothing for you. They their four million of slaves ond tliey want theSe serfs in tin Remember that! They want these serfs in their place' The satisfied, and the Chinese are the only nation that can furnish « Therefore, gentlemen, remember I om not a prophet, nor the prophet; but one fact I know, that the Chinese curse will i cured except the people rise iu a moss; and you know setf-pre is the first law ol^ nature, and also the first law of nations. . emment that will allow a degraded race to come and degrade ib such a government is not worthy of respect. Such a governmi worthy of respect, and such s government is not with the people, fore, I say the only remedy will be, the sons of toil must rise ar only one thing to be done; either you must leave or the co< leave 1 [Applause.] Ml. BARBODR. Mr. Chairman : The temper of this Cont probably against the further discussion of the social, econom political aspect of this queitioD. Id that sense I suppose i( Dec. to, 1878. OF THE CONSTITUTIONAL CONVENTION. 649 Bafelj said that the subject is exhausted. Better speeches and better arguments have been made by men of greater philosophical capacity upon the subject of race dissimilarities and the race conflicts which have gone on from the earliest of times. The nature of race growth and national growth, in connection with this question, I think I may safely say, has been fully considered, and the judgment of the people of tUe Pacific Coast has settled, undoubtedly, upon the conviction that the best of the argument is altogether in favor of the proposition that the pres- ence of the Chinese on the Pacific Coast, in our social life, in our indus- trial life, and even in our political life, is detrimental. We cannot add to or strengthen that argument in this Convention, and the point now is to furnish a practical solution to the question ; and the man who can now bring forward a plan which will remove one single Chinaman — yea, sir, even a sick Chinese baby — may be said to have accomplished more in the right direction than all the great mass of speeches and all the literature upon this Chinese question put together. We should endeavor here to deal with it as practical men ; we should endeavor to bring out of the chaos of ideas, out of the vast amount of dissimilarity in execution, or in the method of reaching the evil, some point upon which we can all harmonize and agree — some point on which we can determine what power the State possesses, ana in what manner that power shall be exercised for the purpose which all pretend to have in view, and that is, to relieve this State, and to relieve posterity on the Pacific Coast, of what is deemed to be a curse. We pro&ss to have at heart the future welfare as well as the present good of the people of the coast ; and, therefore, sir, the discussion now ought to be restricted to the legal aspects of the Questions involved. I assume that gentlemen are sincere when they admit that the presence of an alien race, with whom we cannot deal in accordance with Ameri- can ideas, and in accordance with our free institutions — I assume, I say, that they are sincere when they tell us that they wish to rid the State of the curse; that they wish to do it in accordance with constitutional principles. Now, our forefathers, back to the time of the revolution, and back beyond the revolution, whenever the subject of the presence of the black man in America was brought up, and the institution of slavery was discasscd, declared that it was an evil, declared that it could but have an evil effect upon the destiny of the country. Thomas Jef- ferson said that slavery was the sum of all evils. George Washington said that all his compatriota were anti-slavery men, and their idea and the idea of the fathers was that this was a white man's government. That, sir, is the cry of the party to which I belong to-day, and I was ^lad to see the Chairman of our committee reiterating that cry, which, liffttue, fell into derision after Stephen A. Douglas proclaimed it ; fell inft certain 4l>ri8ion on account of the sentimental view taken by many goM'people of the United States of the African and his deplorable con- dition. Bat it is none the less true. It is none the less strictly in accordance with the American idea that this is a white man's goveni- ment; a government of Caucasians, ebtablished by white men,' and for white men. Whenever we talk about treaties; whenever we talk about the comity of nations, it is understood and comprehended within that term that we mean the comity, the international law which exists among civilized and Christian nations. When we talk about the rights enjoyed by an American citizen any- where on the Cimtinent of Europe, and the rights of the citizen of any of the nations of Europe upon American soil — which I am glad to know are respected — which I am gla^ to know are treated with greater liber- ality as time rolls on; it means the people of white races, and the people of a Christian country. There is no doubt of that. That was the kmd of a government that our forefathers established. And all the inter- national law and comity of nations, and the intercourse of nations which has grown up, and upon which the principles that are now recognized among civilized nations have been establisned, and recognized univers- ally, has been in accordance with this theory —that a government was Bou|^ht to be established upon these shores, and upon this continent, of white men — Anglo-Saxons, and those who could be brought within the great political fold, and incorporated into the great plan of our govern- ment, and merged as good citizens, and as contributors to the prosperity and the elevation of the nation. That was their idea, sir, ana it never has been doubted — or never would have been except for certain compli- cations that have arisen in this country in consequence of the existence of African slavery, and the enfranchisement of the slave, and the legis- lation which has arisen for the protection and the regulation of the rights of that people. It is sought now to be made use of here in Cali- fornia, and in Congress, for the protection of a people that Congress and the fathers never dreamed of, nor thought of, or expected upon this coast, and thai is the Mongolian race. Now, we hear allusions made to the Fourteenth Amendment, the last amendments to the Constitution of the United States, and the Civil Rights bill, by those who profess to be anti-Chinese in sentiment, and yet who are continually deploring the want of any power outside of Congress. I will not trouble tne Conven- tion with authorities, but I think I may safely say that the view which I have here presented is the view taken by the Supreme Court of the United States, and established in the Slaughter House cases — that the legislation known as the Fourteenth Amendment, and the laws of Con- gress passed in^pursuanoe of that amendment, had reference to the enfranchised slaves of the South; that their eye was upon that people; that they were seeking to protect them, in all that legislation; ana to confer upon them the right of suffrage in what was called the anti-Ku- klux legislation, and in the Civil Rights bill. And the direct intent of the law-making- power was to protect the people lately enfranchised in the Southern- States; and it is so distinctly affirmed in the Slaughter House cases by the Supreme Court of the United States. Congres is three thousand miles away from the Pacific Coast. Ignor- ant, as raav be safely said, or almost entirely ignorant of the true situ- ation of affairs here, knowing little or nothing of that which we know from day to day by sight, by sound, yea, sir, by smell 1 of the effect of 82 this alien race; knowing little or nothing about them — it never aimed any of this legislation at all at the relations which have sprung up on the Pacific Coast, and which are, suigtneriSf without precedent. The Burlingame treaty is another stumbling block, constantly thrust in the way or those who sincerely and honestly feel that this subject is of over-shadowing importance, and that by Congress and by State power it must be regulated, and the people must be relieved. The Burlingame treaty — abundant authority can be brought in here, and books piled up here, covering every table m this room, to show that a treaty, or the provisions of a treaty, do not override a constitutional enactment by Congress, or by the States of the Union in their Constitutions, when it does not conflict with the Constitution of the United States. I am stating, sir, nearly the exact language of the great constitutional law- yer, Jeremiah Black. That, sir, has summed up the whole controversy in a nutshell. Otherwise what would be the condition of this people? What would be the condition of American government? What would become of the sovereignty, which we declare to reside in* the people, if the King or Emperor of Germany and the President of the United States mi^ht meet together, and by a convention among themselves, establish an internal law of the State, or the laws that should govern the people of the United States? A most extraordinary and monstrous doctrine that would be! The Burlingame treaty, therefore, is but in the nature of a law, subject to repeal the moo^nt it comes in conflict with the sovereign power of the States, acting within their legitimate spheres, to legislate upon a subject over which they have control. The treaty goes down, and there is no question about it. An independent and free minded people, living upon their own soil, within their own jurisdiction, mak- ing their own laws, canno^be tied hand and foot in that way, and it is idle to seek to bring to bear upon them such a monstrous doctrine as that is. Now I come to the subject directly in hand. I do not maintain that the report of the Committee on jOhinese Immigration has furnished an^ solution of the question, or a practical solution of the question. It is undoubtedly crude. It is undoubtedly very crude. Much of it looks undoubtedly like what would be called the legislation of the dark ages; or as some one has expressed it, Hottentot legislation. That is true. It bears that appearance. But the line of demarcation between those who say that the State can do nothing, the wfiole resting within the control of Congress, and those who maintain that the State does have some power, that the State does have some control in the premises, must exist somewhere, and therefore all this matter has been brought before the Convention by that report. Every single party that has put forward candidates an3 platforms in this State, has aeclared in general terms in favor of the exclusion of the Chinese, or fh favor of a prohibition of their further immigration. They have declared it constantly in their platforms. It has oeen the hobby-horse on which, undoubtedly, they nave ridden into ofBce. In the last election, for members in this Con- vention, generally speaking, it was declared strongly by all, and the Workingmen adoptea as their battle-cry, '* The Chinese must go." The non-partisan platform, upon which, Mr. President, you were elected, uses language like this, declaring it to be an evil, and pledging themselves to go to the verge of constitutional power. I do not know but that they were going to go out on the ragged edge a little beyond, to rid the State of the curse. What was done by the members from the country, or how they were pledged, I know not; but I assume that a majority who came up to this Convention, came up here with pledges in their mouths, made to their constituents and to the people of the State, that they would do something; that they would do whatever they could after consultation and discussion had developed a proper concep- tion of the power of the State; they would do what they could to relieve the people of this infernal curse. Now, as practical men, the Question is, first, are the members willing to keep that pledge in letter ana spirit? Are they willing, if they can be oonvincea of the existence of the power, to go ahead and make use of that power? The first (question that presents itself, sir, is this: Can anything be done in this direction by any proper amendments to the Constitution? The question is not now what view will be taken of this action east of the Rocky Moun- tains; the question is not what view will be taken of it in Europe, or what view will be taken of it in the Empire of China; not at all, sir. We are acting for the sovereign whose territorial lines are bounded and defined, and we must act up to our pledges without reference to their extraneous considerations at all. Nob(My has to review this action which we perform here but the people of the State of California. No one has aught to say with regard to ttie Constitution, or the character of the Constitution we make here, except the sovereign people of the State of California, unless we make an anti-republican Constitution, and then the Congress of the United States, under the Constitution, will be authorized to interfere. But outside of that, there is no limit. Then, sir, what power has the State, by amendments to tlie Consti- tution, to reach this question? There is the great question. There is a question which this Convention must solve. I take up section one, and I comment upon that. There is no objection to it, except simply that there is nothing in it. It is a perfectly harmless thing, and I assented to its being incorporated in the report as a member of the committee. A general declaration of the po>ver which resides inherently in the State is contained in that section, but unfortunately it is followed up with some qualifications tc which I object. I offered a section to be incorporated into the Preamble and Bill of Rights, which I understood to be satisfactory to a majority of the members, but it failed to be incor- porated in there, because thei|r doubted the propriety of inserting it in the place where I proposed it. A general aeclaration of the power of the state — that is, that the people of the State have the inherent sole and exclusive right of regulating their internal affairs, and the whole thereof; that they are the judges of whatever is detrimental or danger- ous to the well-being of the State, and have the right to use the power of the State to prohibit and prevent it. That is a better statement, in 650 DEBATES AND PROCEEDINGS Tuesday, my opinion, of the power, than this which is contained in this first section of the report of the committee. It is a fair statement of the Sower. In my judgment it comprehends the whole of the general edaration of the power that resides in the people of a sovereign State. Some objection may be made to it, because it is going toward State's rights too strong. I think not so. I think it is clearly within the decisions — all the decisions upon the subject — and the line of demarca- tion between Federal and State authority; no restrictions upon the judgment of the people of the State. There, sir, rests the kmg-pin. There rests the keystone of the whole arch, and that is its ultimate resort. Who is to decide? In whom is the power of judgment lodged? That, sir, is the question. Who is to decide this question? Is it the (Congress of the United States, three thousand miles away, ignorant of our situation here, that is to decide upon the internal aspects of this question — and the infernal aspects — or is it the people of the State, those who are directly affected by it? That, sir, is the great question ; and I insist upon that ri^ht of judgment on the part of the people of the StAte oyer this subject-matter, and I say that it has neyer been denied before in Christendom. It never has been held anywhere that any free-minded and intelligent peopl^ could be compelled to tolerate a nuisance, they themselves knowing it to be a nuisance, eating out their civilization, demoralizing their youth, and sapping the foundations of their political and civil liberty, and threatening its very existence; that people could have that nuisance inflicted upon them, and main- tained among them, without the power of judgment, and the power of dealing with it themselves, it never was heard of before; and if the doctrine was sought to be promulgated, and«ought to be enforced in any manufacturing community in Europe, in London, in Manchester, in Sheffield, that a -body of foreign alien laborers were to be thrown upon that people, in less than twenty-four hours the Trades Union would pour two million of people into Hyde Park, protestinz in tones of thunder at the very foot of the throne, kgainst the damnal>te outrage. ' We are limited by the terms of the first section of this report in the exercise of that judgment to the proofs that the obnoxious parties are paupers, are vagabonds, or are afflicted with contagious or infectious diseases — a matter which no man can prove. We know that the labor- ing class comiug from China are brougtit here under contracts for terms of service and labor for years. We are morally convinced of it, but we have no proof. It cannot be established in any Court of justice. These laborers now in all the fair fields of industry on the Pacific Coast, scat- tered over your agricultural lands, and in your mines, and in domestic service, are healthy people, in the general sense of the word, and can strip down as clean men as.the majority of this Convention, and let Dr. O'Donnell examine them. They are inferior in muscular deyelopment, in brawn and brain, to the white man, but healthy people in the main. Here and there in the large cities of course are prostitutes, and of course there are diseases, perhaps. Maybe there are lepers. I think most of it is venereal disease; but it is not that we object to. That is not what the people of the Pacific Coast and the laboring and working men complain of. There never has been a time that it was not competent for the authorities, by the exercise of the powers which they enjoy, to have rid the State or the cities from that part of the curse. I suppose the reason why it has not been done is that there is metallic argument against it, arawn from the cofiers of the Chinese Six Companies. I sup- pose that without any constitutional provisions at all, if one half, yea, one quarter of the truth be told, or has been told, with regard to the Chinese quarters in San Francisco, the municipal authorities of that city have bad power to expel them without the city limits. I do not think there has been any question about that, sir. I do not think that the Burlingame treaty, the Fourteenth Amendment, or the Civil Kights bill would have- been considered infracted by any municipal regulation for the abatement of that nuisance. I have seen it. I have seen a quiet community up in the mountains here in which this foreign alien peo- ple have settled, and wherever they settle they imm^iately draw together in some little quarter. They are like a small or a large devil fish, according to their members, wherever they plant themselves down everything else begins to get away, moves off, gets out of there. That devif fish has planted itself in San Francisco, and it throws out its arms and takes m one block at a time. There seems to be some sort of poisonous exhalation from it which makes everything else get out of there. Even the hoodlums, thieves, robbers, and low pros- titutes among the whites get away from there. They cannot stand it. They evacuate, absquatulate, and leave the octopus there all alone. Then it reaches out and takes in another pai-t of a block, and again everything disappears before them as if from some deadly blight. It is lilce the feeding upon pasture lands of a flock of sheep. I do not wish to injure the business of the sheep herders in the Convention, or the sheep raisers, but they do say that when they take a flock of sheep into a certain sec- tion, and they feed over that section, that thereafter cattle and horses and all the more nobler sex of domestic animals refuse to go there. They will not feed there after the sheep have tramf)ed over it and fed there. And that is the way with the Chinese. Whenever they set themselves down they are masters of the situation ; everything else seems to want to leave. As I have said before, they start a Chinese quarter. They establish a wash house, gambling house*, and a house of prostitution. They are a noisy people, and they are a nuisance to quiet people. People living around cannot sleep at night, and are disturbed by the noise and the lewd women, etc. Finally, in some places, they are invited to go away. I know of a case, only a short time ago, over in the mountains. They were there, and they troubled the neighborhood. The people told them to leave and go away. They talked about their civil rights. The citizens gave them a few days to go, and they did not go. Then they went there with their wagons, loaded up their plunder, and moved off all they had there. They told them about the situation, and not to come back there. No one has raised anything about the Burlingame treaty, and no con- stitutional provision nas been infracted. It seems to be the right of a civilized community to protect itself. Nor is that confined to the Chinese. I know that a nuisance of any kind is compelled to vacate by the strength of public opinion alone where there is an absence of the machinery of Courts and civil law to enforce the remedies. There is a fundamental right inherent in the people to protect themselves from that which is destructive of their peace, their comfort, and their well-being. And so I maintain that the section which I offered to be inserted in the Preamble and Bill of Rights is a broader, and a fuller, and a better declaration of the power than that which is contained in section one of the report of the Committee on Chinese. There is nothing asserted there which does not already exist as a part of the sovereign power without the declaration^ and I object to it because the qualifications therein stated do not reach the evil. We do not object to the Chinese population particularly, or individually, or even collectively because they are vagrants, beoetase they are paupers, because they are infected with contagious diseases, but we object to them because they belong to an alien civilization. That is the reason. What is the population of this country? What is the unwritten idea of the growth and building up of this State? It is, sir, that we plajit houses ; it is that we create cities ; it is that we contribute to the general prosperity and enter into the great mass of useful material to the build- ing up of the State. These do not. They cannot in any sense of the word be said to contribute anything to American civilization, but they constantly draw from it. That is what is the matter. In our fathers' times — I must go back to them, though ]^want to keep to the question as near as I can, and I have not the voice to go fully into the question now — our fathers understood this matter. Our fathers found, when they struck the shores of the Atlantic, a people already there with prior rights. A people, sir, who are still said and still described by those who have made a study of peoples, to be derived from the same stock aa the Chinese. The Asiatics probably are an Indian race — are understood bj the best scholars to be. They are the sort of people our ancestors found upon the shores of the Atlantic when they came there. European civil- ization and Christian civilization obtained a foothold on a strip alone the shores of the Atlantic, whilst these people were there, by assumed treaties, by assumed fair dealing, and not by conquest exactly. They have driven that people silently, slowly, and constantly before them, from the shores of the Atlantic to the Pacific, until they have almost disappeared from the face of the earth. Mr. De Toqueville, the most able writer, perhaps, who has discussed American institutions, characterizes the treatment of the Indian by the people of the United States as barbarous. So it was in many iMKs. It was, in point of fact, to strip it of all disguise, from fidl^ t^^jM^ i|^p- stant war of extermination, ^at is all yon can say abo«l M, * JKolBy was it, sir? I suppose if there is a Providence overruling alI,tiialWwaa because the demands of that Providence and His overruling designs intended the continent for European civilization, and for a white man's government. And ooir forefathers, when in the light of their blazing homes they puaued the fleeing savage and shot him down, never stop- ped to discuss the morality of the method, or the causes of that blazing home. He hunted him away because he had no other means of dealing with him. He drove him before the white man's civilization because he could not civilize him — because he could not Christianize him, and there were, all over that broad land where prosperity has built the happy homes that dot the Mississippi Valley, ana all of the great Atlantic Coast, the lands are all wrenched from tHe people that were there before them — wrenched by the hand of power from a people driven at the point of the bayonet, and by the bullet, from before tne advancing tide of civilization — because, in the Providence of God, the way had to be opened for the white man's civilization. And that is the best argument that is possible against those who object to saying that we must reserve part of it from the refluent wave of that same kind of hostile civiliza- tion that comes from the Orient back to the West. We stand at the very gate of the reservoir that hangs like spme high cloud over the people^ not only of the Pacific Coast, but of the United States — a great reservoir with five hundred million hungry souls to draw from, which may burst at any time and inundate no^ only this shore, but flow across the Rocky Mountains and overwhelm the people of the whole United States. I say we must stop the crevasse, we must prevent the inundation anyway, barbarous though it may be, it is our duty to do it; and while the sentimentalists of the East talk about the brother- hood of man and the fatherhood of God, we caa tell them that we are trying to preserve them in their homes, in their temples of worship, and in their schools, where they teach the brotherhood of man and the fatherhood of God; for if they do overrun them, as it is possible for them to do, and it is possible in the inscrutable designs of Providence that they should, we labored to prevent it. Bo not talk to us about the severity or barbarity of our proceedings. The American Indian and the Chinaman possess different kinds of civilization to our civilization. They differ in the methods in which they resist it, but it is none the less resistance. The American Indian is opposed to it. He opposed it b^ savage war; he opposed it by direct and open onslaught upon that civilization which he saw coming. In his ignorance, in his barbarity, and in his vice he had none the less a steady, stern, inflexible will which resisted any advanci of civilization, and consequently there could be no other result except the conflict which came. But the Chinese oppose a different kind of warfare to our civilization, and in my judgment it is a more dangerous warfare, for it is an insidious, slow-eating kind of warfare on our civilization, against which you cannot raise an arm as you could against that sort of civiliza- tion which attacked you openly, and which you could crush by means of your power. The police power of the State has no specific or legal definition, but the line of demarcation has to be found, not in what is expressed, not in what has been decided particularly by the Courts, but it is to be found in an examination of the powers that have been granted to the Federal Dec. 10, 1878. OF THE CONSTITUTIONAL CONVENTION. 651 Government. Before the Fourteenth Amendment was adopted, and the other amendments, the power of the people over this subject, and over the admission of what, in their opinion — tneir iudgment exercised upon the subject for themselves— determined to be obnoxious persons, was not questioned. The power was not questioned. The decisions in the Pas- senger cases, which have been quoted extensively already, fully and explicitly affirm the right of the people in the exercise of their jurisdic- tion over their internal affairs, and tne regulations affecting the morals, the health, and the general welfare of the State was not denied. Now, so far as we are dealing with the question is concerned, the only effect of the Fourteenth Amendment and all the legislation of Congress there- under, if any at all, as I claim, was to regulate the relations of the black people of the Southern States with the whites. That was the effect of that. Now, it is true that language is made use of in that amendment, and that language is made use of in the Civil Rights bill, which seems to imply that all persons found upon American soil, wherever the Con- stitution has swav, are entitled to the equal protection of the laws, and not to be abridged of any of their rights, or of the rights that are granted to any other person. On the face of it, I say, that seems to be the inference and necessary implication to be drawn from that Four- teenth Amendment and the Civil Rights bill. But the peculiarity of them is this: it is well expounded in the views of Judge Black, and in the views of General Butler, that the Fourteenth Amendment was intended to operate upon citizens — intended to operate upon citizens of the United States. In the first part of the article it makes use of the word "citizen." It savs: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United Stales." Now, following after that, comes language which seems to be plain to the understanding of all persons : " Nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdic- tion the equal protection of the laws.'' Eoual, how ? Equal protection, in what manner? It is not to be construea or understood that the rights and privileges enjoyed by the citizen must necessarily be cnioyed by every person who comes within the jurisdiction. Not at all, sir. And therefore it is, in my opinion, that the effect of the amendments, and the intent of the amendments, and all the legislation thereunder, is to affect the citizens whose rights and privileges can be abridged, whilst aliens and those who have not become citizens, and who cannot be clothed with the rights of citizenship, shall not be permitted to enjoy those rights. Now, what are the powers of the State? (I must hurry through, for I am getting very tired.) What are the powers of the State over its internal affairs? And what are the internal matters over which the State has power? I wish, gentlemen, to come right square up now to the question. Has the State got any power? And if we point out to you the powers which the State has got, are you willing to exercise those powers? Are we going to confine ourselves down to the simple regu- lation of paupers, vagrants, and criminals ; or shall we say the State has power to determine for itself that the whole class of people are obnoxious and dangerous to its well-being, and to bring that power to bear for the purpose of preventing and prohibiting that evil. Let us take the sub- ject of the internal matters of the State, and of the right to catch fish, as an illustration. Does any man deny that the regulation and the exercise of that power is not proper to the State ? Over the waters of the State, tide waters and all, except for the purposes of navigation and commerce, does any man deny that the State ims absolute control ? That it can admit to the privileges, for instance, of fishing in these waters, none but citizens and deny it to all others? If he does, I should like to see that man. Seven, five, or nine thousand Chinese live by fishing. Are gentlemen willing to say that the State, having this power, shall pro- hibit five, seven, or nine thousand Chinamen from exercising the right to catch fish in the inland waters of the State? The question is not new. Is that barbarous ? The question is not new. Do you want to starve them out ? The (question is, will you exercise the power ? You say you are willing to exercise anv power of State. I tell you of a power, are you willing to bring it to bear? And I have a wonl to say on this Question of starving them out. I do not know but it might be made to nt in with this first section. If we have got to find them out to be paupers, the best thing we can do is to make them paupers, and then we nave got the power to send them out. That would be a natural and logical con- clusion of this method of dealing with the question. We do not pro- pose to let them starve, but if they are paupers, we propose to send them out to starve somewhere else. Why not say they shall not fish in the watere of the State, make them paupers, and then exercise the power which we have to send them out of the country. Take the other question ; take the subject of the right to carry on a business, trade, or occupation. It is a re^rulation over which the State has undoubted power. It cannot deny to its citizens, but it can deny to every one else the right to a license. Are gentlemen willing to exercise th«t power and take from the Chinese the right to do business? If they cannot do business, then of course they become paujiers; and they are immediately put upon the same footing with the fisherman, and we can send them out. Take for an instance, the subject of forbidding corporations organized under the laws of the State from giving employment to this class of peo- ple. Is there any question about the powers of the State to impose that sort of a condition upon corporations? They hold their franchises sub- ject to the condition that the State may alter, amend, or repeal them, and if no one denies the power, it cuts them off from another great source of employment. Are gentlemen willing to go in for that? True, it will starve them out, but they become paupers, and then we take them as paupers and send them away. Take again the subject of excluding them from employment upon any public work. I suppose there is no man who will object to the exercise of that power. I do not think nowadays that any man engaged in any public work would employ them, but, on the suggestion of my fHena from Los Angeles, Colonel Ayers, I have no objection to its going in. The Supreme Court can set it aside if it wants to. We are not worse off. So as to section five : " No person who is not eligible to become a citizen of the United Btatea shall be permitted to settle in this State after the adoption of this Constitution." I have this remark to make in regaul to that, alid I wish to call the attention of gentlemen to the posture T»f this question. We can make these declarations; we can insert them in the Constitution that we make; we can take the Chinese to the Courts, and wherever there is a doubt upon the question, I am in favor of taking the decision of a Court in this way — the only way in which I know it can be done; but I want something to fall back on. I insist that we shall not be left helplera and stranded after the Supreme Court of the United States has declared that these provisions conffict with the Constitution of the United States. We have had, sir, for years and years, the same old thing. We have had platform declarations. We have had efforts in Congress to bring the subject before their attention ignored; so much so that, as I under- stand it, there has never yet been a vote taken upon it in Congi^ss. The ayes and noes, or any kind of a vote, has never been taken in Congress upon the question in any shape whatever. So little attention has been paid to our constant and reiterated demands for relief that I do not know that even a committee has ever reported upon the subject at all. Now, sir, we are proposed to be remanded to the Courts on every (questionable and doubtful proposition declaratory of extremely ques- tionable and doubtful purposes. And shall we be left there? No sir! I insist that we shall reserve still the power in the Constitution consti- tuting the basis and framework for a legislative superstructure in the State of California upon the subject. I insist that we shall declare — ^pos- itively and strongly declare — these rights, and these powers, police powers of the State, and direct the Legislature to erect upon it a system of laws by which the Chinese that are here will be excluded, and by which they can be driven out faster than they can be brought in. I say it can be done ! I say it must be done. And I say I want to see it done, for the reason that Congress must be awakened, the great American people must be aroused. Men are there constantly at the doors of Con- grera, and in the President's chambers, insisting it is not the actual and ^nuine sentiment of thepeople of the Pacific Coast that this immigra- tion must be stopped. We must demonstrate to them that we are in earnest. Yea, sir, we must startle them. I am in favor of shocking their sensibilities, and then they will know, sir, that we are in real earnest. What will be the consequence ? Mb. ayers. Do you think that there is anything that oould shock the sensibilities of the East on this subject more than to adopt a section in the Constitution declaring the power of exclusion to exist in the State ? Mb. BARBOUR. Yes, sir, I do. I think thev would be more shocked by saying that if the worst comes to the worst that we are willing to use the public power of the State to starve them out. I do, because they might say we are trying to bully when we say that they shall not land here; but they know we have got the other kind of power, and seeing us propose to use it, they may say, " These people are in earnest They are going for blood !" Why is it that Chinamen come here? What is it that draws them to these shores? Demand for labor. If nobody employs them they will not oome, will they? If they cannot get employment they will not come. That you may say is a maxim of political science. Men move from the love of food more than for mere conquest, and if they come here, they come here for food and employment. Destroy the demand and ^ou destroy the immigration. If thev see in the East that we are striking at the very demand for labor itself, they can but say, " These people are in earnest, if they are barbarous and cruel." I am in favor of startling them. I am in favor of doing it so because I am willing to have either one of the consequences to happen. We try to reach them bv saying, " Aliens ineligible to become citizens of the United States," because we do not want to affect foreieners of other countries. We can say that and take our chances. We ao not actually know, by the decision of the highest tribunal, that they are ineligible to become citizens. The best decision that we have ever got, of course, declares them ineligible; but it is that sort of a decision that may be reversed to-morrow, and the highest tribunal may declare them to be citizens of the United States. Other Courts of record in the United States have admitted them, and are admitting them to citizenship. Congress might, at this session, amend the naturalization laws so that they could, unquestionably, become citizens. Perhaps we will drive Congress into doing that, who knows 1 We had batter drive Congress into doing something than to have this eter- nal contempt of the demands of the people of the Pacific Coast, for then, sir, we would be compelled to fall back on our own resoaroes, knowing that there was no hope there. But it might have the other effect. Gentlemen are always claiming and contending here that it would be a shame and a stain that would bring the blush to the cheek of a Californian to have such provisions in the Constitution, or our statute books, as apparently in defiance of our American civilization. I say, ~'~ that if^ undpr the spur of our resolute determination and our sir earnestness Congress shoufd act, it is not difficult to remove them from the Constitution and from the statutes. It can be done simply and absolutely. It need not remain there when the effect intended has been produced in any other way. But the country must be awakened. It must be awakened as by an earthquake shock to the determination of the people of the Pacific Coast that something must bo done, and some relief must be granted. And if it is possible to cut them off from every avenue of employment, and within the power of the State to do so, and it can be demonstrated on this floor that such would be the effect, where is the gentleman who opposes such measures, can reconcile it with his declarations to his constituents that he was willing to go to the 652 DEBATES AND PROCEEDINGS Tuesday, -very verge of constitutional power for the purpose of doing so. It docs not need, sir, that it be done instantly and at once. It does not need that the vast army of Chinese laboring on this coant shall be sud- denly, at one fell swoop, cut off from all employment, but that they shall be worked out. That is the plan, and the idea; we all hope, we all desire, we all prefer, that Congress should close the Golden Gate against their further immigration, but the question has resolved itself simply into this : If Congress will not act, are you willing to do so here in the Slate of California? We ai^ placed in this predicament that we cannot ascertain the action of Congress before this Convention shall adjourn. If we could, we might malce a last appeal to them to step in now and forbid Chinese immigration, and we could attend to those that are here. But we have no such opportunity. We must act then as if we had no other resource. We must act as if the question was upon us to decide for ourselves, to regulate for ourselves, and to regulate it in the best and most efficacious manner. Now, sir, what is that manner? With every disposition on earth to conform as nearly as may be to the ideas of civilized mankind, and the ideas of justice, and of humanity, I do ray and I do insist that promptitude of action is imperatively demau^jed by the exigencies of tne case — promptitude of action, sir, in order to save the fair cities and the fair fields of California from being the scenes of carnage, of riot, and of blood ; I speak whereof I know. 1 speak whereof I know when I assure gentlemen of the Convention, and every one within the sound of my voice, that an uprising is hard to be restrained to-day. I have been, sir, upon the inside. The reverence for American institutions, the reverence tor law and order, appealed to, has produced its effect. There does exist yet in the minds or our people an earnest and prayerful desire that they may not be driven, as they believe it will become imperatively necessary for them yet to be driven, to resort to tliat course taken by the revolutionary fathers when they went upon that ship in Boston harbor and flung overboard the contraband tea. God spare us that sort of a revolution, sir. We should avert it if possible. We should give them some gleam of hope that something will be done at home, by peaceable and constitutional means. They are not anxious to rush into these things, but they do know their power and it cannot be denied. It cannot be denied that a great majority having within their control the destinies of this State, having expressed time and time again the determination, find them- selves continually denied the rights they ought to have, continually forestalled in the occupation of the avenues of labor by this alien race, are discontented. It is for that reason, sir, that here and now I call upon this Convention for some promptitude of action, whatever that may be, which shall be an effectual, startling, and convincing awakener of the people of the Eastern States, of Congress, and the ruling powers, to the fact that we are in earnest, resolute. The last biennial message of his Excellency the President of the United States, supposed to present for the consideration of Congress all matters affecting the welfare of the people of the United States, has not one single syllable touching a question which is the overshadowing and paramount subject of discussion at ever}r fireside on the Pacific Coast; not one syllable; not one Hue I Deaf, indeed, to all prayers seems to be the ears of those that are now in power. I see the hour for recess has arrived, and I will give way for a motion that the committee rise. Ms« STEDMAN. Mr. Chairman : I move that the committee rise, report progress, and ask leave to sit again. Carried. IN CONVENTION. Mb. PRESIDENT. Gentlemen: The Committee of the Whole have instructed me to report that they have had under consideration the report of the Committee on Chinese, have made progress, and ask leave to sit again. The hour having arrived, the Convention will take a recess until two o'clock p. M. AFTERNOON SESSION. The Convention reassembled at two o'clock p. m.. President Hoge in the chair. Roll called and quorum present. CHINSSK IMMIGRATION. Mr. miller. Mr. President: I move that the Qpnvention now resolve itself into Committee of the Whole, the President in the chair, for the purpose of further considering the report of the Committee on Chinese. Carried. IN COMMITTEE OF THE WHOLE. The chairman. The question is on the amendment to section seven. SPIKCH OF MR. BARBOUR — CONCLUDKD. Mr. BARBOUR. Mr. Chairman : I was presenting to the considera- tion of the Convention the conflict, the irrepressible conflict, which is impending over the people of the Pacific Coast by reason of the pres- ence of a Mongolian population. I maintain that the conflict, in the very nature of things, unless a feasible remedy can be found, is inevita- ble. It is, sir, an irrepressible conflict between two entirely dissimilar civilizations — aye, sir, between two different systems of labor, as was the old irrepressible conflict between the free white labor of the North and the slave labor of the South. The manifestations of the conflict and the opposition existing may be different from the manifestations of the old conflict, but it is none the less true that the signs for a future conflict exist as certain and as inevitable as ever did exist the signs of the old conflict, and it is the part of statesmen — of true and wise states- manship— to avoid the revolutionary part of the conflict, if it is possi- ble to ao so. Had our forefathers been guided by the experience of nations, as they might have been, this country would have been relieved from the conflict which impended over it so long, and which finally burst with such terrible effect upon it. But they were not guided by experience. They temporised. They felt thev could not yield up the kind of labor which in their dav they contended was the only kind of labor with which they could develop the resources of their section of the country. And that same argument has been made on the floor of this Conven- tion. We have been told here that Chinese labor is developing the resources of this country; and we are told now that Chinese labor is necessary to the further development of the country. Members did not proclaim these sentiments in tne nominating conventions; they did not proclaim it on the stump. If they held any such opinions they failed to make it known before the election. They admitted the impending conflict; they admitted the evils resulting from the presence of the Chi- nese, and yet they now tell us they cannot work their mines at the present rates of labor, and that the present wages for white labor are too high. I admire the honesty and candor of the gcmtleman from Sonoma, Mr. Stuart, who makes ho secret in this Convention as to what his opinion is. He believes that a great many of the landholders of the land can not work their land with white labor, at the present rates of production. I would rather hear men come out souarely and oppose these measures, for some cause, than to see them innifferent — assenting to the doctrine of the evils of Chinese immigration in the abstract, but unwilling to do anything practical to abate the evil. I contend, however, that the gen- tleman m>m Sonoma is mistaken in his premises. I contend that if the labor market of California could be instantly deprived of this great source of supply, there would be an influx of white labor to fill the vacancy. It will be governed by the law of supply and demand. Cre- ate a demand for lalx)r, and inform the white laborers of the country that they will not be compelled to come in competition with Chinese labor, and thev will come. You have but to call for white labor and it will come. Tnere is no doubt about it in the world. It has been here, sir. It has looked over the fields, it has sought to obtain this employ- ment, but it was forestalled, and it did not stay, because the ground was occupied — because free labor would not volunteer to place itself in com- petition with slave labor^or that which is similar in almost every respect to slave labor. I'here might be present hardship to the industries of the country by the cessation of a hundred thousana laborers, if that is a correct estimate of the number. I admit that there would be a depression produced by the sudden withdrawal of this number of laborers. But is it not iun- nitely better for the interests of the entire community, for the interests of our future industries, and for the people of California and of the Pacific Coast, than that so much suffering, so much hardship be entailed upon them? Now, I do not propose to go into an elaborate discussion of this section, or of the various sections of this report, but with regard to the method of regulation I have this to say : I do not desire to be left helpless and powerless by what I fear will be the decision of the Supreme Court of ihe United States. I do not say that these provisions cover the case, or are exactly such as this Convention ought to adopL But I do say, and I insist, that it is demanded of us here in this Convention that we do make some use of the internal police power of the State, in the event of the restraint being denied by Congress, or in the event that these other provisions be aeclared null and void. When we enter into the State, which is called a political community, we make a contract with all the other members of that community, and to that extent surrender certain of our rights. A given number of the members of this Conven- tion may enter into an agreement among themselves, by which they bind themselves, by certain forfeitures, not to employ Chinese labor. They are legitimate agreements. They may be enforced. I maintain that the State, having the power to make these regulations, is empowered and authorized to do the very same thing. I maintain that tne State may impose upon its citizens certain disabilities, in the event of their employing that kind of labor, because it comes within the police power of the State. It has the right to determine what kind of labor, in its judgment, and the presence of what kind of laborers are detrimental to the welfare of the State; and whoever employs it, whoever is instru- mental in bringing that kind of labor into the State, to that extent is instrumental in maintaining a nuisance; and, therefore, it is competent for the State to impose that condition upon its citizens, at least those who come within its jurisdiction with regara to subject-matters of that kind. With all that class of persons who hold public offices, and exercise rights and privileges granted by the State, the State has a right to impose that kind of conditions upon them — the State may name the obligation clause — to nominee. They may say that the Chinese — putting the ques- tion squarely — may not be ineligible to citizenship, no matter what the Courts may decide; and it is within that power, and within that gen- eral authority of the State, to impose these conditions upon the citizens — the conditions upon which they may exercise these rights and privileges. But I go beyond all that, sir, and I say that it comes within ana it ought to be placed upon the ground of the great sovereign power of the State. Here is what is confessed to be the greatest nuisance ever imposed upon a free and enlighted people, drawn here by the circum- stances, the result of the growth of the State under the laws of supply and demand, which was in the beginning considered unworthy of par- ticular attention, but which has grown to such proportions that it has become a mighty nuisance. Now, where is the community, where is the individual, where is the city, where is the county, where is the State on the face of the globe which does not possess as one of its chief attributes the power to abate nuisances? Simply a nuisance, and a great nuisance. And the judgment of the people of the State of California has already proclaimed to the world that here in our midst is the crown- ing nuisance, which calls for the exercise of the sovereign power of the State for its abatement. I maintain, sir, that the State does have the Dec. 10, 1878. OF THE CONSTITUTIONAL CONVENTION. 653 power to Bend them without our limits. And it is our duty to impose this dut^ upon the Legislature, which has control of the machinery. I am willing to take section one upon that ground. I am willing to take section two, which forbids the employment of Chinese by corporations. I am willing to take section three, which forbids their employment upon fmblic works. I am willing to take section four, because it will hold at east until overturned bv the SuprAne Court of the United States. I am willing to take section nve upon the same ground. Now, I understand the majority of this Convention are content to take this section, but desire to stop there. Now, sir, I can very readily perceive, under certain con- structions put upon this section, how it will result; that we will deserve at the hands of the people the charge that we have done nothing. I can see how every single one of these sections may be rendered nugatory, because they do not— not one single one of them — come squarely down to a declaration of the duty of the State, to bring the arm of sovereignty, to bring its police power to bear directly upon this question. That is exactly where we differ. The Legislature, and the municipalities will have no power. We not only want to give them power to do it, but we ought to impose the duty upon them. And it is for that reason that the suc- ceeding sections, six, seven, eight, and nine, or somethiii^ similar to those sections, ought to be incorporated in the Constitution, or submit- ted in separate seMions. These sections are as follows : Sec. 6. Foreigners ineligible to become citizens of the United States shall not have the right to sue or be sued in any of the Courts of this State, and any lawyer appearing for or against them, or any of them, in a civil proceeding, shall forfeit his license to practice law. No such foreigner shall be granted license to carry on any business, trade, or occupation in this State, nor shall such license be granted to any person or corporation employing them. No such foreigner shall have the right to catch fish in any of the waters under the jurisdiction of the State: nor to purchase, own, or lease real property in this State; and all con- tracts of conveyance or lease of real estate to any such foreigner shall be void. Sec. 7. The presence of foreigners ineligible to become citizens of the United States is declared hereby to be dangerous to the well-being of the State, and the Legislature shall discourage their immigration by all the means within its power. It shall provide for their exclusion from residence or settlement in any portion of the State it may see fit, or from the State, and provide suitable methods, by their taxation or otherwise, for the expense of such exclusion. It shall prescribe suitable penalties for the punishment of persons convicted of introducing them within forbidden limits. It shall delegate all neceesary power to the incorporated cities and towns of this State for their removal without the limits of such cities and towns. Bkc. 8. Public officers within this State are forbidden to employ Chinese in any capacity whatever. Violation of this provision shall be ground for removal from office; and no person shall be eligible to any office in this State who, at the time of election, and for three months before, employed Chinese. Sec. 9. The exercise of the right of suffrage shall be denied to any person employing Chinese in this State, and it snail be sufficient challenge that the person offering to vote is employing Chinese, or has employed them within three months next preceaing the election. I introduced into this Convention a proposition to instruct the Judiciary Committee to report to this body the legality of submitting separate articles to the people, to be ratified or rejected, and I was in hopes they would have done so before we reached this article. I am informed they have made up their minds, and I suppose the probabilities are that we will be advised that it is not competent for us to submit separate articles for the jpeople to vote upon. They may be right, and they may be wrong. I am of^the opinion that it will be satisfactory to a large portion of the people to be allowed to vote directly and. squarely upon this Chinese question; and if the outcome shall be that a majority are iiffavor of, or opposed to restrictive legislation, then it will have no validity; but on the contrary, if a majority do decide in favor of this legislation, it will be a direct and positive announcement: first, of the opinion of the people of the State of California; and second, that it will leave the Legislature power to do something for the accomplishment of this result. I have taken the opinions, as far as I have been able to do so, upon this question, and I believe they are willing to submit — outside of tne Con- imtution — to the electors of the State of California, directly and squarely, the proposition whether this State shall bring to bear her police and internal power for the purpose of expelling the Chinese from our midst. Many tell us that the question of Chinese commerce and the Chinese here are so mixed up with the laboring interests, bound up witR it, that if you take the honest sentiment of the people of California, it will be found to be against restrictive legislation. Sir, I am perfectly content to risk it to the people, though I Icnow that many who pretend to be anti- Chinese reformers secretly employ Chinese, and are secretly in favor of Chinese labor. I know that to be true, sir. I am willing to take the chances on that. I am not afraid but the honest sentiment of a large majority of the people of California will be found to be on the right side, if taken in a fair and square election. ^ Now, sir, I have spoken long enough, I suppose, both for my own good and the comfort of the Convention, biit I have endeavored to plead the cause of the workingmen of this State before this body. I have endeav- ored to present the claims of that numerous class, but whether rightfully or wrongfully I know not. I have come to the conclusion, from the character of the legislation that has taken place ; from the character of the events constituting the history of this coast for the past ten years — I say I have come to the conclusion that they have no friends among the powers that be. Whether rightfully or wrongfully, sir, I say that the workingmen of the State of California have lost confidence entirely in those who shape the legislation of the country, and they have done so because, notwitnstanding the loud professions — the reiterated professions of friendship and devotion to the cause of labor and to the rights of laboring men — they have seen year afler year roll away and nothing done — no, not one single step taken in the direction of reform — and I come before this Convention pleading their cause; and we would plead it in a sincere way. And I say to this Convention now, I demand, sirs, in the name of the workingmen of the State of California, that some- thing more than mere obstructions, and humbug, and pretense, be dealt out to them hereafter. They want some practical work, something that will produce practical results. Nay, more, sir. Not alone for them do I appHeal; I do so in the interests of the rising generation; I do so in the interests of humanity; I do so in the interest of the future prosperity of the Pacific Coast, and of California, which is my home, which has held me so far, and which will probably be my home so long as I live, and my resting place when I die. [Applause.] Ma. JOYCE. Mr. Chairman : I would like to offer a substitute for section one, as it at present stands. I'hb chairman. The question is on the amendment of the gentle- man from Los Angeles. The amendment was adopted. Mr. JOYCE. I offer a substitute for the whole business. Thk CHAIRMAN. Send it up. Thi secretary read: '' Skction 1 . It shall be the duty of Mayors of incorporated cities, and the Supervisors of counties, after the first day of May, eighteen hundred and eighty, to see that no Mongolians be allowed to reside within the limits of their respective cities and counties; and it shall be the duty of the Governor of this State, in c^se of the inability of such l^yor, or such Supervisors, to use all the power of the State in assisting such Mayors and such Supervisors in enforcing the provisions of this section. " Sec. 2. It shall be the duty of the Legislature to make all the neces- sary laws for the enforcement of the above section." The chairman. The question is on the substitute. SPEECH OF ME. JOYCE. Mr. JOYCE. Mr. Chairman : I offer that substitute for this reason : it seems to be unanimous, or very near unanimous, in this Convention, that they are all in favor of adopting some measure that will rid the country of the Chinese. Now, sir, it strikes me that being adopted, there is no possible means of labor being brought inte competition with the Chinese after the enforcement of this. There is no neceseiity of dealing with the increase of the Chinamen in future, because, if they cannot reside here, they will have no anxiety of coming here. I believe that before the rebellion a majority of the border States had provisions preventing free negroes coming into their States. I believe, in a great many cases, these laws were executed; and I believe if this provision be embodied into the Constitution there will be no difficulty in the future in dealing with this thing. In the next place there is another principle back of it. If there are any counties in the State that desire to have Chinese, they can use the local option means. If the people desire to get rid of the Chinese in good faitn, the sovereign will or the people can instruct their officers to do so. I do not see why this will not solve this Chinese question in a very simple way. SPEECH OF MR. BARTON. Mr. BARTON. Mr. Chairman : Upon this subject, sir, I desire to say a few words, if I can have the attention of the committee for a few moments. This is a subject, Mr. Chairman, and gentlemen of the com- mittee, more vital to the State of California and the whole Pacific Coast than any or all other questions that have ever been presented to the people of this coast. Year after year we have remainea with our hands tied; year after year have we seen the Democratic party, and the repre- sentatives of the Republican party, assembled in this hall, and announce to the people of this State that they were positively opposed to the further importation of Chinese, and engrafting m their platforms, and upon their banners, in glowing colors, that infernal deception, cal- culated and designed for the purpose of creating sympathy and political prestige. Year afler year have they inscribea upon their banners in every campaign this deception. Year after year we have heard these Caliiornia demagogues (some of whom we find in this Convention to-day, sent here by the people to represent the people's interests), afraid to raise their voices on this floor on behalf of the people. Sir, I have been waiting for some of these great men who occupy seats here to rise up, statesman-like, and let me near them place themselves either in favor of the people of the State of California and her institutions, or in favor of continuing this Mongolian curse. I perhaps feel more deeply than many of you. I have been a citizen of tnis State long enough to rear a family to manhood^ and I find myself and my children brought down by force of circumstances and misfortune to a level with these slaves, and yet I maintain my dignity. I stand here to-day to defend my dignity and my manhood ; to defend the principles of our government and of the people of the country, and that is what I am here for to-day. The representatives of the working people of this State, in the Le^slature of eighteen hundred and sixty- six and eighteen hundred and sixty -seven, asked to have engrafted upon the st4tute books that where the State granted aid to corporations, the parties receiving such aid shall not be permitted to employ Chinese labor thereon, and I am sorry to know that my Democratic friends and my Republican friends, in both branches of the Legislature, almost solidly voted against the proposition. That is a matter of record, and gentlemen need not take my word for it. Three several times when that measure was broueht up, our Democratic friends and our Republi- can friends voted vAia against it. The people asked that when the State was giving aid that the work should be done by white labor, and on these three several occasions the friends of labor, so called, turned their backs upon the people and voted against the proposition. As to the evils of Chinese immigration, allow me to say right here that I do not believe, when you come right down to the real sober 654 DEBATES- AND PROCEEDINGS Tuesday, thought, that there is any great need for this argument. On this sub- ject, I believe that the voice of humanity dictates that it is a vice; that it is the sentiment of the people of this state that it is a curse; therefore I do not propose to discuss that proposition at any length. We find our- selves in a very peculiar condition. We have the slaves of Asia, the penal scum of Europe pouring in upon us for the last twenty-five years, and in addition to that we find England closing Hell Gate and all her colonial ports against all of such scum, and we ask, in behalf of the people or this State and of humanity, that the Golden Gate shall be closed against them likewise. We ask this as a matter of self-protec- tion. And I claim we have the righi, notwithstanding the Burlingame treaty, to incorporate a clause in this Constitution, to drive out, if you please, from the incorporated cities of this State, and from the counties, this Chinese curse, l^ow, you may think that this is an extreme view, but if there is one thing above all others that I am in favor of, it is of protecting my Caucasian brothers in the State of California. I say England has closed Hell Gate, and I am in favor of closing the Golden Gate also. When we talk about the Burlingame treaty we are informed by these shoddy demagogues, hypocrites, and false philanthropists that we are powerless. You cannot abrogate the treaty because England is a party to that treaty. They hold a part of China, and she has become a party to the contract. It is a lamentable fact, Mr. President, that we find ourselves so thor- oughly controlled, both in our Sttate and national halls of legislation, by the money bags of Europe, that our liberties are almost ffone. And if we are to be compelled to submit to this thing, what will be the result? When we find that our statesmen have betrayed us; when we find that the combined powers of Europe are controlline the National Legislature against us, why, there is but one sequel to tnis question, and that is, that this country will be reyoKitionized, because, sir, Mongolian slavery can never predominate in this free country. I hope my eyes may never behold the spectacle. Again, I ask, where are our statesmen ? Will some great mmd come to the rescue and stay the impending conflict, and prevent, if possible, the deluging again this glorious coimtry with blood ; and it was to prevent this state oT things that the workingmen have been called into existence to bare their breasts to the fight to maintain the constitutional law of this government. The farmers ought to be as deeply interested in this matter as any of us, but I am sorry tr some of the leaders of this Convention — I don't mean the mudsills — to come to our rescue, and do something that will relieve us of this curse. I would that I had the power to drive these slaves over to the other side of the Mississippi River, five thousand, ten thousand, yes twenty thousand of them, in order that the Eastern people might become educated up to our necessities; and if I had the power to-day I would send a horde of those Chinamen into New England. That is where I would send them. That is what I would do with them, and I pray that time may come. But there is no hope of that. They intend to make their homes here. And unless we can find some way to prevent it they will fasten themselves upon us forever. And now, Mr. Chairman, I want to give you an idea of the character of a man who made an attempt to come to this Convention, and I know whereof I am speaking. It was he who contended against me for a seat in this Convention. He is possess^ of great wealth, having an income of perhaps eight hundred or one thousand dollars a month from houses rented to Chinese prostitutes. When our little city passed an ordinance that these houses shall be closed, he goes to a Justice of the Peace and makes a bargain: "How much will you charge to marry these people for me — how much a couple?'' He secures Chinese bucks enougn, and the prostitutes were all married to them, and the next morning this individual goes out and kicks the door open and tells his tenants to walk in, and the authorities are told to go to hell. " These are my tenants and my houses." This is the character of man who would legislate for the workingmen of this State. But, thank God, they are -'N Dec. 10, 1878. OF THE CONSTITUTIONAL CONVENTION. 655 few, anii if I thought such men could ever wield and control the power in this State, bj the eternal God I would leave it, never to return. But haTiQg grown up, as it were, in this State, having enjoyed almost thirty years' citizenship, having all my interests identified with those of the glorious State of California, I shall not leave so long as there is a chance of ridding the Slate of this curse. If I had not taken the opportunity of saying a word on this question, I should have considered myself derelict m my duty as a citizen and a representative of the people. We want to know whether our hands are completely tied by the combined power of Europe and the banks of America? For God's sake do not let this opportunity pass, but in thunder tones breathe an emphatic declaration into the fundamental law of California. If the time comes when our liberties aro to be taken awav, let us rise up and see to it that none but friends are put on watch, bend those to Congress who we know^will abrogate the Burlin^me treaty, and make the Caucasian people free from the scum of Asia. Let us work in the interest of the free people of the country, and let us make our record now. SPBICH OF MB. WICKIfl. Mb. WICKES. Mr. Chairman : What we do here must not be done with reference to any one class of the people of this State. Our work here is not finals and upon this Chinese question we wish, as near as possible, a unanimous ratification of our work. In deference, then, to those who believe in the brotherhood and evangelization of man, I give 4l|brief outline of scriptural authority for the division and exclusion of races. First, I speak of the confusion of tongues and dispersion of races from the plains of Shinar, in the Valleys of Euphrates and Tigris. The same power, if the whole race is descended from one pair, must have infused primordial germs into these wandering peoples, from the devel- opment of which, under modifications of climate and surroundings, must have come the three or five distinct types of human kind. They created the tower of Babel, and the tower was destroyed, and a confusion of tongues ensued (something like that witnessed here in this Convention at times). These types now show that they are adapted to present and peculiar conditions. . 8L Paul declares that, although God made of one flesh and blood all nations of the earth. He appointed unto them their bounds and habitations. Missionary work involves the sending out, to convert, not bringing in incongruous material to proselvte. The term " Apostle," means "one sent." Scripture, then, plainly teaches that the races are on different lines of evolution. If other races invade us, we should order them back, or meet force with force supported by the whole people of the State. The Jews expelled the Canaauites from the inheritance provided by God for Abraham and his descendants. A prediction in the Bible, relative to a people numerous as the sands of the sea, styled Gog and Magog, a Tartar race who shall threaten the Christian civiliza- tion, evidently points to the Chinese. It cannot mean the Turks, for the Mahomedan power is now broken, and its system of theology passing by an easy transition into the Christian. Nature teaches the aristocracy of race, the law of nature's selection, the survival of the intellectually fittest Culture developes the higher from the lowest types. Agriculture, floriculture, and stock raising teach us to preserve the best seed. The coming race, then, must be evolved from the white. The maintenance of tnis higher law should be dearer to us even than the Federal Union. In the Constitution we can onlv introduce such police measures as are covered by sections one, two, ana three, and eight of the article on Chinese. We cannot exclude the Chinese, because we oontrav^e the treaty-making power of the United States (vide amendments of the United States Constitution). We can now also memorialize the Congress of the United States to modify or abro^pate the Burlingame treaty, and can prohibit naturalization of Mongolians in our Constitution. I am in favor ultimately of exclusion ; but as we are obliged to lay our projectile Constitution before the United States Congress, for its recognizance, it would not now be good policy to defy the National Government. We must elect the next State administration pledged to support the closing of our ports against the Chinese, and work the public mind up to sustain such measures. Who does not stand shoulder to shoulder with us then, is a recreant to his lace. For my own part, if this Chinese immigration is not stopped, I shall have to take m^ little familv from these snores to some isle of the sea to spend the remainder of my cfays. I can see no other escape unless this invasion is soon checked. [Applause.] THK PBEVIonS QUISTIOK. Mb. SMITH, of Kern. I move the previous question on section one. The motion was duly seconded. Mb. cross. I am tired of hearing this previous question. Thr CHAIRMAN. The question is, Shall the main question be now put? Division was called for, and the committee refused to order the main question — ayes 39 ; noes 46, and the section was passed over for one day, under the rule* COBPOBATIONS AND THK CHINKSB. Thb chairman. The Secretary will read section two. Thb secretary rtad : 8kc. 2. Any corporation incorporated bv or under the laws of this State, or doing business in this State, shall forfeit its franchises, and all legal rights Ihereunder, if it ever employs, in any capacity whatever, foreigners who are not eligible to become citizens of tne United States under the laws of Congress. This section shall be enforced by appro- priate legislation. Ma. JOYCE. What becomes of my substitute ? Thx CHAIRMAN. It goes over for one day. Mb. CROSS. Was the majority opposed to the previous question ? Thb CHAIRMAN. Yes, sir; the committee refused to pat the main question, and the section went over until to-morrow. Mb. BURT. Mr. Chairman : I offer an amendment to section two. Thb SECRETARY read : "Strike out the words, 'are not eligible to become,' in line four, and insert as follows: " have not declared their intentions.' " The chairman. The question is on the amendment of the gentle- man from Nevada, Mr. Burt. BPBXCH OF MB. BUBT. Mb. BURT. Mr. Chairman: I have two objects in offering this amendment In the first place, I wish to state here that I am not onlv willing but anxious to go just as far as possible in legislating upon thfs subject without coming in conflict with either the laws or the treaty of the General Government. But it seems to me, sir, that the section as now constructed, if it is engrafted into the Constitution, must come in direct conflict with what is known as the Burlingame treaty. That treaty provides substantially that citizens of the Chinese Empire shall enjoy all the rights and privileges accorded to the subjects of the most favored nations. Now, it seems to me, sir, that this section two must of necessity come in direct conflict with the treaty; whereas, if the amend- ment which I propose is adopted, it will do «ivay with any such conflict. If I am mistaken in my construction of this section I shall be only too glad to be set right; and my object in offering this amendment, or one object, is to provoke discussion upon this point, to determine how far we may go witnout coming in conflict witn the laws and treaties of the General Government. But, sir, I have another and more potent reason for offering this amendment. It is a well known fact that within a short time past certain citizens of the Chinese Empire have been naturalized in some of the Eastern Courts, with the avowed intention of bringing the sub- ject before the United States Supreme Court, in order to have them determine whether or not Chinese are eligible to become citizens of the United States. Now, if the Court should decide that they are eligible, this section two, with the section following, must inevitably fail to accomplish the purposes for which they are intended. But under the amendment, as offered, it will still be effective to a certain extent, as it is not, in my opinion, reasonable to suppose that any large number of the Chinese will avail themselves of the privilege of becoming citizens of the United States. But, should the decision of the Court be m the negative, that they cannot become citizens, then the section, as amended, will still have as much force as it would if passed in its present shape. In offering this amendment I have no desire to aim if shaft at the people of any of the foreign pow^ known as Christian nations. If I did so intend, it would be upon the fact that I realize that the subjects of these foreign powers are here with the intention of becoming citizens of the United States, and they have only to declare their intentions in order to place themselves on a level with the citizens of the United States, so far as the prohibitions contained in this section are concerned. 8PBBCH OP MB. BOLPX. Mb. ROLFE. Mr. Chairman : From a cursory view of this section, and of the amendment offered by the gentleman from Placer, I am inclined to favor the amendment more than the original section, for the reason that we are in a very uncertain state as to who are capable of becoming citizens of the United States. We have heard of one or two instances in which the Courts have decided that no Mongolian, or person of the Mongolian race, can, under the laws of the United States, become citizens. But recently the other Courts have held quite the reverse doctrine, and have naturalized Chinamen — Mongolians. So, as I said, it is very uncertain at the present whether a Chinamen can become a citizen or not. And long before it is determined, we do not know but Congress will step in and cut the Gordian knot by declaring that the people of that race can become citizens. We do not know but they may. I hope thev never will; but we cannot tell what may be the outcome. Now, this question of eligibility all depends upon the Acts of Congress. Generally we understand that the only grounds upon which Chinese, or Mongolians, have been prohibited from oeooming citizens, are that Con- gress has never passed an Act covering the case. There are Acts of Congress authorizing white aliens to become citizens, and those of African descent — none other. Therefore, some of our Courts have decided that there is no law of Congress authorizing the Mongolian race to become citizens, and upon that ground they refused to naturalize them. But all that is necessary, under the most favorable decision, under the most unfavorable decision, as regards the Chinese, is simply for Congress to pass an Act covering their case. So, that placing this section as it now stands in the Constitution, or any of these sections in regard to aliens who are ineligible to become citizens, seems to me will amount to but little; because, if Congress is disposed to hear our complaints upon the Pacific Coast, and legislate in our favor, they will at once take steps to abrogate the Burlingame treaty, and pass other Acts putting a stop to Chinese immigration, by Act of Congress. If they are disposed to do it, thev will pass direct legislation discouraging and prohibiting Chinese immi- gration. But if, on the contrary, they are disposed to look adversely to our views, take a different view, saying that we are wrong, notwith- standing all the articles we may pass against persons who are ineligible to become citizens of the United States, if Congress is so disposed, they will simpler pass a law* that any person of any race may become a citizen of the United States, and that will rob all these provisions of their vitality. As far as that goes, it had better be left to Congress. If we wish to prohibit their immigration and employment (we cannot prohibit immigration) — if we wish to put in a clause prohibiting their employ- ment, why not say Chinese at once, instead of saying that no person of the Mongolian race shall be employed upon any of the public works, etc. We mean Chinese, and wtiv not come out squarely and say so. It will be much more effective, if there is nothing whatever said with reference to aliens who are ineligible to become citizens. 1 656 DEM1?ES AND PROCEEDINGS Tuesday, Now, as to this amendment, I will state the danger I think I see in it. This section is very broad. Just look at it: ''Any corporation incorporated under the laws of the State, or doing business in this State, shall forfeit its franchise and all legal rights there- under if it employs in any capacity whatever foreigners who are not eligible to become citizens of the Uuited States, under the laws of Con- gress. This section shall be enforced by appropriate legislation." Now, that might do very well if it only applied to men who come along and ask for day's work, because these corporations, or their offi- cers, when a man comes along who looks like an Irishman, or an English- man, can make him show nis papers. If that was the only fault it would not be so bad. But even in that case I would rather have it apply directly to Mongolians than to all aliens. But we all know that a great part of the work of California, a great number of the enter- pnses carried on here are by corporations, which must of necessity be car- ried on by corporate capital. We have a great many mining companies, and we all know that modem mining enterprises must be carried on by corporations. In most of our mining enterprises a vast outlay of capital is required, and it takes years and years of constant effort before any profits are realized. Sometimes members of a company die and othere take their places before the%esult is achieved. Such enterprises I say could not he carried on by voluntary partnerships. Now, one of these companies may have occasion to employ men in England, or in France, to carry on their business. They may have occasion to ship machinery from England, or from France, and of necessity would be compelled to employ a Frenchman or Englishman to do that work. They must not be employed by the corporation in any capacity whatever. I say, sir, that this section is entirely too broad. So, taking that view of the case, any Court would be compelled to place that construction upon it — in fact no other construction can be placed upon it. Therefore, every company having occasion to send to England to^et a piece of machinery to carry on its works — machinery perhaps that could not be had here — employ- ing an agent in England to see to the shipping, employing an English ship to transport it, the corporation would, under this section, forfeit its charter. While I am on this subject, I will say that I agree with all that has been said on this floor as regards the evils of Chinese immigration. I have never employed Chinamen in my life, except when I was abso- lutely compelled to, I never employed them in any capacity except to do work that I could not get done by white men. I have never in any other instance employed them, and I never will if I can help it. I would rather pay a wliite man twice the waees. But, Mr. Chairman, I have taken an oath to support the Constitunon of the United States. Now, I see an article here which my judgment tells me is in direct con- flict with the Constitution of the United States. Whether it be right or wrong, as long as it conflicts with the Constitution of the United States I cannot support it. I say if this government is not good enough to live under, we had better rebel at once against the Government of the United States and set up an independent government of our own, where we will not be hampered. But as long as I am sworn to support the Con- stitution of the United States, I will not consent to a violation of its provisions, such as this. While we are one of the States of the Union ; while I am here in a capacity in which I have sworn to support the Constitution, I say I will not vote for a section which my judgment dic- tates to me is a violation of that Constitution. And there is another reason : it would be absurd to do so. We might show our disposition to make a Constitution here in violation of the Federal Constitution, but we will aox!omplish nothing by it, except to make ourselves the laughing-stock of the world. The first Court before which our work is brought would disregard it, and treat it as unconsti- tutional and void — as a violation of the Constitution of the United States. So that it is a mere waste of time to pass any such provisions. Gentle- men say we have a right to do this. That may possibly be so, but iX it is, my judgment and reason are greatly at fault. My judgment tells me that we have no right to do it. If other gentlemen think differently, very well. For my part, I think we have no rieht to put it in the Con- stitution. I am prepar^ to stand here and defend and support the Constitution of the United States, and I am not prepared to vote for a section which I think is in direct violation of it. On that ground, and upon the ground that it will make us the laughing-stock of the country, I refuse to vote for it. Now, if there is any thing we can do to prevent this Chinese immi- gration, I will go as far as any gentleman in this Convention, or any person in the United States, to accomplish it I will go as far as any person in the United States in my own individual efforts to do it. We all concede that it is an evil. Why spend so many days in discussing that part of the question. Why do ^ntlemen get up here and spend time and money m discussing the evils arising from Chinese immigra- tion, when we all admit it, with scarcely an exception? I venture the assertion that there is not one person in a hundred in this State but what looks upon the matter in the same way; and if they could stop it they would ao it. Let us stop talking about that part of it, and try to And something effective, and not pass a section which will fall to the ground as soon as it is contested. If we cannot do any thing in this Convention, let us memorialize Congress, as one gentleman nas well suggested. Let us do something whicn will have some effect, if possible. Mr. Chairman, I have spoken longer than I intended. I merely sug- gest these objections to the section as it stands. Mr. BEERSTECHER. Mr. Chairman: How many amendments are there now pending? The CHAIRMAN. Only one. Mr. BEERSTECHER. Then I will ofi*er an amendment by way of a substitute. It is proposition number four hundred and sixty-six. Thk secretary read: " Skc. 2. All persons of foreign birth, before engaging in any manner of employment on their own account, or for others, within this State, shall first procure a certificate of authority; such certificate shall be issued to any applicant of a race eligible to citizenship under the laws of the State, without cost, by any Court of record of the Stat^ No*per- son of foreign birth shall engage or continue in any manner of employ- ment in this State unless possessed of such certificate; nor shall any person, copartnership, company, or corporation, directly or indirectly, employ any person of foreign birth within this State, unless such per- son possess such certificate. The Legislature shall provide for punish- ment of violations of this section. Frosecutions shall be maintainable a^inst^th employers and employes. Each day's violation shall con- stitute a distinct offense." SPEBCV OF MR. BRERSTRCHEK. Mb. BEERSTECHER. Mr. Chairman : I am oppposed to the amend- ment proposed by the gentleman from Placer, Mr. Burt. I aT# op- posed to it because it strikes out everything that there is in the section directed against the Chinese. It strikes out the words ''foreigners not eligible to become citizens of the United States," and inserts the words, '' have not declared their intentions." It applies to all foreigners who have not declared their intentions of becoming citizens. It would be a question whether the Chinese would not escape it by declaring their intentions, though the Courts might hold that declaring one's inten- tions could only be evidenced by receiving first papers. Mb. BURT. I would ask if the substitute proposed by the gentlemaiw is not open to the same objections ? Mr. BEERSTECHER. I propose to speak of that. I am, therefore, opposed to the amendment because it destroys the section ; it is rendered aoeolutely worthless as regards the Chinaman. Mb. O'DONNELL. Mr. Chairman Mr. BEERSTECHER. When I get through I will tell you. The amendment which I have presented reads as follows, and I desire to call your particular attention to it: " Sec. 2. All persons of foreign birth, before engaging in any man- ner of employment on their own account, or for others, within this State, shall first procure a certificate of authority; such certificate shall be issued to any applicant of a race eligible to citizenship under the laws of the State, without cost, by any Court of record of the State. No person of forei^ birth shall engage or continue in any manner of employment in this State unless possessed of such certificate ; nor shall any person, copartnership, compwany, or corporation, directly or indi- rectly, employ any person of foreign birth within this State, unless such person possess such certificate. The Legislature shall provide for pun- ishment of violations of this section. Prosecutions shall be maintain- able against both employers and employes. Each day's violation shall constitute a distinct offense." It seems to me that is sufficient It is not necessary, as a matter of punishment, for a violation of the provisions of this section, to say that the*, corporations shall forfeit their charters. It meets the objections raised by the gentleman from San Bernardino, Mr. Rolfe, that a person of foreign birth, not a citizen, and not desiring to become a citizen, entering the State for the purpose of erecting machinery, and afler hav- ing done that particular work, again departs from the State. He says his objection to the original section is that, if the corporation so employed a man, it would forfeit its charter. They could not employ an alien in any capacity whatever, and to that he objects as being too broad. Now, in this case, under the provisions of the amendment I have offered here, that objection does not hold. Any foreigner can come into this 8tate, whether he desires to stay one day or one year; and if he desires to do a particular piece of work, or desires to continue laboring here, it is not necessary for him to say that he desires to become a citizen, or to declare his intentions of becoming a citizen, but all he has to do is merely to go before a Court and ask for a certificate as a matter of right. He receives it, and he can then go on at any kind of labor without fear of molesta- tion. But if any of these companies do employ aay individuals not possessed of these certificates, they shall be punished as the Legislature may prescribe. If the Legislature in its wisaom should see fit to declare a forfeiture of charter the penalty for a violation of this provision, they can do so. The matter rests with the Legislature entirely. Now, I have provided that " prosecutions shall be maintained against both employers and employes. Each day's violation shall constitute a distinct offense." Of course, if a Chinaman should go before a Court in this State, as the law stands to-day, he could not receive a certificate of this character. It would not hinder him from carrying on business on his own account, but he could not be employed by any corporation in this State. He would be subject to punishment by fine and impris- onment, and the corporation employing him would also be subject to fine and imprisonment. As the section is drafted, it says these certifi- cates shall be granted on application to any person who is eligible to become a citizen under the laws of this State. Not under the laws of the United States, but under the laws of this State. It has been held by the Supreme Court of the United States that the matter of exercising the right of suffrage was a matter absolutely and exclusively withjn the supervision of the State, and that the State had a right to decide, had the right to say who should vote at its elections. And we can say that Chinese cannot vote in this State, and therefore I have used the word State. It seems to me that the section will cover everything that can be covered. As the Chairman of the committee said — there is one way to get rid of the Chinese, and that is to starve them. There is a limit, even to their powers of subsisting, because they even cannot live upon noth- ing; ana*if they cannot get any employment in this State— if we prevent them from laboring — it will prevent others from coming, and the result will be that those who are here will be reduced to starvation, and will be glad to go, and those who desire to come will be discouraged from coming. And again, as stated by the gentleman from San Francisco^ Mr. Bar- Dec. 10, 1878. OF THE CONSTITUTIONAL CONVENTION. 667 bour, if we adopt this system of starvation, if we give them nothing to do, if we pay them no money, we finally reduce them to paupers, and when they are reduced to the condition of paupers, we have the right to transport them and send them out of the country. I am in favor of adopting strict measures. We have to do it. If we adopt all these meas- ures, aud the Courts declare them unconstitutional, we are no worse off than we are now. It is expected of this Convention that we act decid- edly in these matters, and that this great question be not ignored. I am very sorry to see the gentlemen upon this flrior who should be express- ing their opinions, whether for or against the legality or constitution- ality, remaining silent. I hope the silence will be broken, and that the representative men upon this floor from different portions of the State will speak out upon this subject, or it will be a damage to the State of California, a damage to the interests of the State, a damage to the people of the State. Congress, at Washington, will point their fingers this way and say the great lawyers in the Convention, when the Chinese question was up for dis<^ussion, were silent. The great men who had seats in the Convention were silent upon the subject, and that shows that the people of the State of California care nothmg alwut it. The Chinese repre- sentatives in the City of Washington will say, now you see who has been speaking upon this sulfject. It was only the Workingmen's dele- gates— the lower strata of society, not the solid, representative men. I would like to hear the solid men come out solidly upon this subject. It is due to the iieople of this State that they should come out and state their views on the subject. If wc are wrong; if we are going too far; if we are overstepping our powers, let us know it. Now, every individual, whether he vote for or against the proposition, is indirectly resjionsible for every proposition that is adopted here. And if we adopt a lot of ridiculous stuff, the ridicule falls upon the head of everv individual ; it does not merely fall upon the heaa of those who introduced the propo- sitions. I would like to see this matter thoroughly discussed, because a discussion of the subject would aid and assist in solving the question, and the record of our proceedings will go on to Washington and show that we are thoroughly in earnest in this matter and moan business. Mr. 0'D0NN£LL. One word will correct this section, I think, and make it perfect. I wish to amend it by inserting after the word "employ" the word "Chinese;" and strike out all aftor the word " whatever,'* so that the section will read: "Any corporation, incor- porated bv or under the laws of this State, or doing ousiness in this State, shail forfeit its franchises, and all legal rights thereunder, if it ever employs Chinese in any capacity whatever." • Thb chairman. There are two amendments pending already, and the amendment is not in order. Mr. O'DONNELL. I wish to read the section again, as amended — (to a member interrupting)— shut your mouth, will you? Thr chairman. The question is on the amendment of the gentle- man from Placer, Mr. Burt. Lost Thr chairman. The question is on the substitute offered by the gentleman from San Francisco, Mr. Beerstecher, which the Secretary will read. Mr. O'DONNELL. I offer my amendment. Thr secretary read: "In the third line, afler the word 'employ,' add the word 'Chi- nese,' and strike out all afler the word ' whatever,' so that the section will read : 'Any corporation, incorporated bv or under the laws of this State, or doing business in this State, shall forfeit its franchises, and all legal rights uiereunder, if it ever employs Chinese in any capacity whatever.' " Thr CHAIRMAN. The question is on the amendment of the gentle- man from San Francisco, Dr. 0*Donne11. Division being callee made without first obtaining the floor. Mb. STEDMAN. A point of onlcr is always made when some one is on the floor. The point of order is araiinst the member Thb chairman. The Chair will recognize the gentleman to raise his point of order. Mr. STEDMAN. My point of order is that we are proceeding to business without a quorum. Seventy-seven members constitute a quo- rum, either in Convention or in Committee of the Whole, and since the roll was called several meml^^rs have left. Originally we had seventy- six members when we went into Committee of the Whole Mb. shoemaker. His point of order should be taken Mb. STEDMAN. The rules of the Convention Mb. TINNIN. I hope the Chair will enforce order Thb CHAIRMAN. The gentlemen will please preserve order. The gentleman from San Francisco raises the point of order that there is no quorum present. The Chair recognized tne point of order, and it will be in order to ascertain whether there is a quorum present by moving a call of the roll, or a motion that the committee rise. Mr. beerstecher. I rise to a point of order. There cannot be a motion made for the committee to rise while a member occupies the floor. And furthennore, when we went into Committee of the Whole, sir, there was a quorum present, and there is no oflScial knowledge now but what that quorum is present, and a vote cannot be taken upon the subject until I yield the floor. Thb CHAIRMAN. The point of order is well taken. The Sergeant- at-Arms will preserve order. Mb. STEDMAN. The Chair recognized me Thb CHAIRMAN. The Chair recognized you to make a point of order. BBMABKS OF MB. BBBBSTECHRB. Mb. beerstecher. Mr. Chairman : As I was stating, the objection to the section as introduced, which objection was privately stated to me by a number of delegates, was that tne original section would compel persons whcr had become naturalized under the laws of the United States, persons who were citizens of the State — no matter whether they were citizens one day, or whether they were citizens twenty-five years, if resi- dents of this State, but being persons of foreign birth — to procure these certificates contemplated in tne section. The section now has been altered and so changed that it will not require any but aliens to make this application, and when a person has become a citizen of the United States, and a citizen of the State of California, it will not be necessary for them to go before a Court and get this certificate of authority to prose- cute business in the State ; and, therefore, the objection that has been ur^ed against the section has been removed. Now, as regards this section, it IS immaterial to me whether this particular section or whether a section of like import be adopted, but the section, in reality, goes much farther than section two, as reported by the committee. Section two, as reported by the committee, has exclusive reference to corporations, and to cor- porations alone. It says : "Any corporation incorporated by or under the laws of this State, or doing business in this State, shall forfeit its franchises and all legal rights thereunder, if it ever employs, in any capacity whatever, for- eigners who are not aligible to become citizens of the United States under the laws of Congress. This section shall be enforced by appro- priate legislation." Mb. INMAN. Do you propose to prohibit an individual from employ- ing Chinamen T Mb. BEERSTECHER. Yes. Mb. INMAN. I want to understand it, because I am opposed to that. Mr. BEERSTECHER. I am in favor of absolutely and unequivo- cally cutting ofi" the power and privileges of any Mongolian of getting any character of employment in the State whatever. That is the only way that we can rid ourselves of the nuisance. I do not believe myself that we have the power to meet the Chinese at the threshold and pre- vent them from entering our State. I believe that they can come here. I believe that the power delegated to Congress to regulate commerce will land them in this State, and that the laws of Congress, and the powers delegated to Congress by the States, will protect them until they are landed, but the moment that they are upon the soil of California, the moment that they commingle and intermix with the people of this State, the moment that they become residents within the border of the State, that moment the power and the protection of the United States ceases.. The powers vested in Congress, giving it power over commerce, foreign and between States, ceases when the Chinaman comes here and becomes a resident, and commingles with the people and engages in business in this State. The moment that national power ceases, the power of the State attaches, under the police regulations, and we can regulate their residence here. We can regulate their transaction of business here, under that police power which resides in the State, which is always reserved by the State, and which has never been given to the General Grovemment, and never has been stolen by the General Govern- ment, as other powers have by the General Government. And I believe that if we hav^ the right to regulate their employment by corporations, we have the right to regulate their employment by copartnerships, and by companies, and by individuals. At all events, I believe in drawing the section just as strong as it is possible to draw it. If this section went before the Courts, and an individual should say that his rights as a citizen of the United*- States, or of the State of California, had been infringed upon, because he is not allowed to employ whomsoever he pleases, then the Court will simply say that this provision, of the Con- stitution is unconstitutional, as far as the Constitution of the United States is concerned. The Courts will simply say the section is a good and valid section, it has force and vigor m law, with the exception of what relates to preventing private individuals from employing China- men. They might say that it might be invalid, as relates to private companies employing Chinamen, but the section will be good as to everything else. Every Court is bound to give eflect to every law just as far as it can give eflect to the law, and a law is never totally wiped out if it can be preserved. But it might only be wiped out so far as it endeavors to regulate the employment of Mongolians by private individuals. If we desire to draw provisions here in relation to the Chinese that are, beyond all doubt, beyond all possibility of a doubt, constitutional, then we had better not commence to draw them at all, because all of these inhibitions, perhaps, will rest under a doubt as to their constitutionality. And in such cases it will be necessary to take them before the Courts and to test them, and that is exactly what we are after. We desire to have them tested, and we desire to make a test case and ascertain what rights we have in the premises. If this section is to furnish a test case, well and good. If any other section is to furnish a test case, well and good. The Court will not wipe out the section because it goes too far, and as to other provisions the section will stand. I hope that this section will be adopted instead of section two, because it not only psohibits corporations, but goes way beyond corporations and embraces much mere, and at the same tiihe embraces corporations by its terms. REMARKS OF MR. LARKIX. Mr. LARKIN. Mr. Chairman: As a member of the Committee on Chinese, I have considered the propositions that are submitted by that committee, and I do not wish to devote my time this evening to a lengthy speech, but simply to give my views on the proposition. I shall support the first section as reported by that committee to this Con- vention. I believe in that first section there are rights, and there will be powers conferred on the Legislature-^ Mr. beerstecher. I will state that the first section has gone over until to-morrow. Mr. LARKIN. I shall support the second section, unless something better is oflered than has been already. I cannot support the proposition of Mr. Beerstecher. It goes farther than I propose to go in this matter. I Sropose to go as far as I believe is consistent; as far as the people of this tate demand; as far as the Courts will sustain us in this matter. I do not propose, by any vote of mine upon this question, to load this Constitution so that it shall be objectionable to the better portion of the people of this State that desire to rid themselves of this nuisance. When we apply the provision to corporations, it occupies an entirely difierent position from what it would applied to private individuals. Under this Constitution and. under the laws we have power to regulate corporations; .we have power to wipe the last one of them from the State, and require business to be oonaucted by copartners; we have that right both in the Constitution and in the laws. We have the right to say that they shall not employ Chinese coolies; that the public good demands that the preference be given to persons eligible to become citi- zens of the United States. I do not propose to enter into the constitu- tional right that the State has in her Constitution to sav that a citizen of the United States shall not enga^ in any business and employ who he pleases. I believe the Constitution of the United States would declare that a provision of that kind in our Constitution would be null and void. I believe that any citizen in the United States has a right to engage in any business, whether the Constitution of the United States was a check upon that power or not. That right, I believe, belongs to an American citizen ; and I do not believe that your Constitution should be attempted to infringe upon it. If we place in this Constitu- tion provisions tnat the Supreme Court will not sustain, just so far we 660 DEBATES AND PROCEEDINGS Tuesday, weaken our poeition before the people of the world. Let us put nothing in there but what the Supreme Court will sustain. Then we have taken a step forward to accomplish the purpose which we design. To go far- ther than that shows weakness^ a wild, rabid desire to do something, without any definite reason for what we are going to do, or without caring for the result of our acts. Section three is again a clear proposition. In the Oonstitution of this State we would certainly have tne power to-day that ** no alien ineligi- ble to become a citizen of the United States shall ever be employed on any State, county, municipal, or other public work in this State after the adoption of this Constitution." We have the right, I believe, to place that article in the Constitution. I believe it should be placed there. That and the provision before is all I am going to vote for in this Con- vention. That is as far as I will go on this question. I believe that is as far as the people of this State will sustain us in going, and anything farther than that will load the Constitution before the people of this State, which I do not propose to do. Section five is the most extreme section offered in this report. " No person who is not eligible to become a citizen of the United States shall t>e permitted to settle in this State after the adoption of this Constitu- tion." That covers the question of settlement in this State to any per- son ineligible to become a citizen of the United States. That section has a precedent in this Convention of Illinois that existed up to some fifteen years, when the Fifteenth Amendment was adopted, prohibiting mulat- toes and negroes settling in that State. The State of Indiana prohibited negroes and imposed a nne upon them, which was used fbr the purpose of taking those from the State that were found in the State. That pro- vision in the Constitution had been sustained by the Supreme Court as applicable to the negroes, and it certainly would sustain it as applicable to persons ineligible to become citizens of the United States. Tnese pro- visions, sections one, three, and five, are all of thi« report I desire to sup- poH, and as far as I believe we should go. Powers enough will be conceded to the Legislature in these provisions, and I believe will determine the question. I desire to see us clearly and squarely stand upon these provisions that I think will be effective, and that the people of the State will ratify in the Constitution. Mr. STEDMAN. There not being a quorum present, I move that the committee now rise, report progress, and aak leave to sit again. There are less than sixty members present. Mr. TINXIN. I hope that this motion will be voted down. Mr. STEDMAN. It is not debatable. Mr. CONDON. I move you, sir, that that mo#on be laid on the table. Mr. STEDMAN. Mr. Chairman The CHAIRMAN. The Chair will put the original motion. The question was put, and the vote stood: ayes, 15; noes, 4S. The CHAIRMAN. The noes have it. Mr. STKDMAN. I would like the announcement of the vote. Mr. WELLIN. I ask Thk CHAIRMAN. The motion is lost. Mr. STEDMAN. I appeal from the decision of the Chair. Mr. AVATERS. I move that the gentleman have indefinite leave of absence. Mr. STEDMAN. I appeal from the decision of the Chair. Mr. WELLIN. The decision of the Chair cannot be appealed from on a question of the vote of the house. The gentleman is entirely out of order. I don't know what is the matter of him to-night. I move that he be granted one year's leave of absence. Mr. STEDMAN. I want tb say something more. There are two committees in session; one in room fifty-three, and one in the Senate Chamber, which is conti^ry to the rules of this house. Mr. TINNIN. I move that the gentleman be appointed a committee of one to bring in those members. Mr. waters. I rise for information. There has just been a ques- tion raised, and I would like to know whether there is a quorum present or not. I think I am entitled to the information. Thr CHAIRMAN. There are sixty-four members, according to the count. Mr. waters. Now, Mr. Chairman Thk CHAIRMAN. The Chair rules that there is a quorum present Mr. waters. I do not think that this house should proceed if there is not a quorum present. If there is a quorum present, all well and good. Mr. HOWARD. There is nothing before the committee. I raise that point of order. Thk CHAIRMAN. The point of order is well taken. Mr. waters. I will proceed in order, if the Chair will permit. Thr chairman. The gentleman is not speaking to anything before the committee. Mr. waters. I would like to read section one thousand nine hun- dred and ninety-five Mr. HOWARD. I rise to a question of order. We are not here to listen to the reading of the Pentateuch. Thr chairman. The Chair has decided that the point of order is well taken. But the gentleman asks leave. With the permission of the house [Cries of " Read," "read."] Mr, TINNIN. What does he want to read? Mr. waters. Section one thousand nine hundred and ninety-five of Cushing's Law and Practice of Legislative Assemblies reads as fol- lows : " A committee of the whole house, consisting of all the members. The rule as ti> the number necessary to be present, in order to make a house, has been extended to committees of the whole. If, therefore, it should appear, at any time, that the number present is less than a quorum — to be ascertained in the same manner as in the house; that is, in the Commons, forty, and in the Lords, three — the Chairman must immedi- ately leave the chair of the committee, and the Speaker resume that of the house. The Chairman, then, by way of report — for he can make no other — informs the Speaker of the cause of the dissolution of the com- mittee. When the Speaker is thus informed of the want of a quorum in the committee, he immediately proceeds, in the same manner, to determine whether there is a quorum then present in the house. If the" The CHAIRMAN. The Chair calls the gentleman to order. The Chair has decided that there is a Quorum present. Mr. waters. I understood tnat I had leave to speak. Thr chairman. The question is on the amendment offered b}' Mr. Beerstecher. The Secretary will read it. Thk secretary read : ''All aliens, before engaging in any manner of employment on their own account, or for others, within this State, shall first procure a certifi- cate of authority. Such certificate shall be issued to any applicant of a race eligible to citizenship under the laws of the State, without cost, by any Court of record of the State. No person of foreign birth .shall engage or continue in any manner of employment in this State, unless possessed of si^ch certificate; nor shall any person, copartnership, com- pany, or corporation, directly or indirectly, employ any alien within this State, unless such person possess such certificate. The Legislature shall provide for punishment of violations of this sectitm. Prosecu- tions shall be maintainable against both employers and employ^ Each dav's violation shall constitute a distinct oflense." Mr. ROLFE. Mr. Chairman: I think it would be unadvisable to take a vote on any of these amendments when the house is so thin, even if there is a quorum. In the amendment offered by the gentleman from San Fran(*1sco, Mr. Beerstecher, I see in line four, where he applies this rule of granting certificates, that he refers to persons eligible to citi- zenship under the Taws of the State. I do not know why he refers to the laws of the State instead of the laws of the United States, unless it be under the impression that wo can exclude a person from being a citi- zen of this State, although he may be a citizen of the United States. All these other amendments proposed by the committ^Ht refer to persons who are ineligible to become citizens of the United States. This refers to persons ineligible to become citizens under the laws of the State. If he is under an impression that the State of California, or any other State, can exclude from citizenship of the State a citizen of the United States, I think that he is laboring under a wrong impression. As to that, I refer to the Fourteenth Amendment to the Constitution of the United States, which reads: ''Skction 1. All persons born or naturalized in the United States, and subject to the iurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or inimunitieft of the citizens of the United States, nor shall any State deprive any pers<:m of life, liberty, or property, without due process of law ; nor deny to any person, within its jurisdiction, the equal protection of the law." Now, when the Chinaman can become a citizen under the laws of the United States, why, certainly, he is eligible to citizenship under the laws of the State of California, Because if the State of California should pass a law to the contrary it would be invalid. Another objection I have to this section is, that it would be a great inducement for every Chinaman in the State, of whom very few now want to beeome citizens, to beconoe citizens of the United States for the purpose of availing themselves of the Fourteenth Amendment. Therefore, I think that much of the gentle- man's amendment as refers to a citizenship under the laws of this State, is a nullity. I would like to see it otherwise. I wish we had the right here to exclude the Chinaman from citizenship under the laws of the State, but under the Constitution of the United States we certainly cannot. Mr. AYERS. Would it be in order to offer an amendment? Thk chairman. Not at this present time. Mr. AYERS. Mr. Chairman: It might get the committee out of its snarl. It is well known that the principal objection to the amendment of the gentleman from San Francisco is that it inkerferes with the right of American citizens to employ whom they see fit. My amendment I think would get around tnat objection. I would provide that every Chinaman residing in this State be required to take out a license author- izing him to procure employment of any kind in this State, and direct- ing the Legislature to fix penalties for the violation of the section. Under that authority the Legislature could pass a law requiring that each Chinaman should take out a license before he could be employed. Mr. miller. Do you propose to require them to pay for these licenses? Mr. AYERS. Not in the Constitution. Let the Legislature fix that. Mr. miller. The Supreme Court has decided that all license taxes of that sort are unconstitutional. Our Supreme Court so decided in this State. Mr. AYERS. They decided the mining taxes unconstitutional, but they decided it under the old Constitution. There was no provision in the Constitution authorizing the tax. If we should here authorize that tax it would hold before the Supreme Court. Mr. miller. The case I refer to was tried in the Circuit Court in San Francisco two years ago. Mr. TINNIN. It was the case Mr. van dyke. The case of the United States vs. Jackson. Mr. grace. If we submit anything to the people and they ratify it, and say it shall be the law, if this is a republican government, if we have a republican form of government, and the majority rule, I do not see why we should not say that they must get a license.* Mr. BLACKMER. Suppose this State should see fit to vote in favor of seceding from the government ? Mr. grace. The Constitution would provide against that. I hold that the Union is perpetual, but I hold that the sovereign States, and Dec. 10, 1878. OP THE CONSTITUTIONAL CONVENTION. 661 that each State has equal rishta, and have the right to regulate their own local ^flairs. I do not acknowledge the rieht of secession and never did. But I hold that one State has as much right as another. Ko State is bound to put up with an institution that is opposed to the advancement and prosperity of theSt&te. Trk CIIAIRMaN^. The question is on the amendment to the amend- ment, offered by Mr. Shoemaker. The Secretary will read it. Thk secretary read : "The Legislature shall, and it is hereby made the imperative duty of the I/egislative Department of the Government of the State of California, to enact such laws as shall prevent any alien who is a subject of the Emperor of China, from being employed within this State by any cor- poration incorporated or doing business under the laws of this State." Mb. BEERSTECHER. Mr. Chairman : I do not accept that amend- ment to my section. I am opposed to it. I know it is an amendment to my section, and I am opposed to it, because it is a repetition. It goes on and repeats. I have already said in my section that no person, copartnership, or corporation shall employ any one unless they possess a license. Kow, upon this it is desired to tack this addition — in effect a repetition. It says "by any cor]5oration incorporated or doing busi- ness under the laws of this State." Therefore, a foreign corporation, incorporated by Nevada, or by the State of Nevada, could employ China- men. We do not want to give any foreign corporations doing business in this State the privilege of doine what our own corporations cannot do. It is a favoritism towards foreign corporations. In answer to the gentleman from Los Anj^elcs, Mr. Avers, I would say, that the very object of making these permits or licenses gratis, that a man can get them free, and the Court must give them, would avoid the decisions in this State and the decisions of the Supreme Court, in relation to making men pay for these privileges. Ma. LARK IN. How about men in the County of San Bernardino, for instance, who live several hundred miles from the county seat? Tbev cannot go there to get these permits. Xfa. BEERSTECHER. They can get them from any Court of reconi in the State of California. lie could get them in any town that he would paS6 through. I would say to the gentleman, if you are going to make it so very easy, if nobody is to be troubled in the matter of getting rid of the Chinese, if no person i& going to sweat in this business, then we will never do anything. Mr. lark IK. fn those large counties it will bo hard on persons who will have to go fifty or one hundred miles even to get a permit to work one day. Mr. BEEltSTECHER. I would state to the gentleman that undoubt- edly a man'would certainly, in his travels, come to some place where there is a Court of record, and he could got his certificate there. He could get it from the Clerk of the Court in any town that he would pass through. A man could get it in San Francisco, and it would be gooa for his lifetime, all over the State. The trouble is, if we are not going to put anybody to any inconvenience, not ^ing to trouble anyl^dy, we will never do anything. For my part I am willing to go before a Court every year and spend half a day for the next ten years, if I can rid the State from the curse of the Chinese nuisance. [Applause.] Trr CHAIRMAN. The gentlemen will preserve orcier. Ms. AYERS. Mr. Chairman : I will introduce my amendment at the proper time for the purpose of bringing it under debate. The decision, 80 mr as the license goes, was never before the Supreme Court of the United States. There is a line of decisions which have been sustained, and I think, on debate, by consulting the authorities, it will be found that we have the power. At the proper time I will introduce my amendment. Mr. INMAN. Mr. Chairman: I hope that these two amendments will be voted down. I, for one, am opposed to stripping any citizen of his rights. The gentleman seems to think it would be all right. Probably it would be all right for him in the City of San Francisco, but in the country to say that a man must not hire Chinese to help in harvest would not do. It certainly would be unconstitutional. The only thing is to restrict their coming here, if it is possible to do so, and I will go just as far as the gentleman to do that. That would only be done under the police and sanitary law. The gentleman, Mr. Grace, talks pretty ^ood secesBiou doctrine. I agree that what is good in one State is good m another, but I object to secession and nullification. Mr. grace. How do they do where they have no Chinamen? You don't want to go to the county seat to get a laborer to work for you. How do they do in other countries? How do they do where they have no Chinamen? Mr. INMAN. Two years ago the farmers began to harvest at two dollars a day ; the men asked three dollars, they gave it; the men asked four dollars, they gave it; the men asked five noUars, and they would not pay it. They were compelled to hire Chinamen. Ms. GRACE. And you hired Chinamen? Mr. INMAN. No, sir, I did not; but I deny that any man has the right to say what kind of machinery I shall use, or what kind of help I shall employ. I employ any help that is available, if I am forced to do it. Ms. GRACE. I say that the Chinese must go, all of them, out of the country — black, white, old and young. Chinamen born, and native. I want to get rid of them. There is plenty of help. There is no trouble about getting help. I would help the gentleman through harvest myself, rather than that he should employ Chinamen. [Applause.] Thk CHAIRMAN. The Sergeant-at-Arms, at the next demonstration of that kind, will clear the galleries. Ms. INMAN. I do not employ any Chinamen on the farm. I am forced to do it in our house, because we cannot get any other help in the hoUse. But I know other gentlemen who do employ Chinamen on their farms. They are com pel led, to employ this help or leave their farms uncultivated. No gentleman wants hfs capital to lie idle. If you stop their oomin|; here that is sufficient, and we all agree upon that. But for the Legislature or any individual to say what kind of machinery you can use, or what kin^of help you can hire, is certainly unconstitu- tional and uncalled for. I cannot see the good sense in putting any- thing in the Constitution that will be annulled. Gentlemen talk about wages in this country being so low. I can remember, years ago, when I hired men for a dollar a day. I pay forty and forty-five dollars a month to-day. You cannot get a China- man for less than thirty dollars a month. There is no State in the Union pays so much wages. There is no State in the Union so pros- perous. Vou talk about the people of this State suffering. You will find that if there is suffering it is on account of the whisky mills. Nineteen twentieths of these men are men who spend their earnings in the whisky shops. The whisky mills are ten times worse than the Chinamen. If you will put the whisky mills out of the country, I promise you I will not employ a Chinaman. My farm shall lie idfe for ten years, and I will try and get along without iL I am opposed to the whole thing. I do not see any sense to it. Mr. GRACE. Are you opposed to saloons being allowed to sell whisky? Are you opposed to that? Mr. INMAN. I think so. Mr. GRACE. Then he has nullified the laws of the United States. The United States issues them licenses. That is nullification. It is nullifying the laws of the United States, and I am opposed to it. 8PRKCH OF MR. WILSOM. Mr. WILSON, of Tehama. Mr. Chairman: There were no Chinese here in eighteen hundred and forty-nine — nothing but white people. I think it was in fifty-one or fifty-two that the first Chinaman came to this country. But they came; they went to work in our kitchens, and wherever they could get anything to do. They would work for five dollars a month until they learned the routine work, and then they would call for more wages. They have gradually insinuated themselves into almost every avenue of labor; they planted out orchards, and ber- ries, and vegetables; they worked themselves into the mines and now you find them everywhere. I have heard men say they would not employ Irishmen because they are given to strikes. Well, you hire a Chinaman and pay him five dollars a week, and he will steal another five dollars. Ho will carry off your sugar, and coffee, little at a time, so that you cannot notice it. They are the worst set of people that ever disgraced the earth. You hire one of them in your kitchen, and you will find he has half a dozen oousins to support. That is my experience with them. They are no benefit to the country ; they bring no business to the stores. They buy nothing here, and they are a disgrace to our State, and ought to be got rid of, and I am in favor of the report of the committee. • SPEBCH or MR. LINDOW. Mr. LINDOW. Mr. Chairman: There is only three points in this Convention that ought to be taken up and discussed and voted on. [Cries of "Louder I" "louder!"] If the gentleman can't hear well he better get up and go out. [Laugh- ter.] The principal thing was the corporations, taxation, and Chinese. The cry was all over the country that the Chinaman was a nuisance. That is the cry all over the country. ["Louder I" " louder 1"] I wish that man would go out oT the hall. [Laughter.] Mr. President, it is well understood that the principal thin^ been here now is this provision that ought to be put in force on the Chinese. Even if it does not come within the bounaary and limits of the United States Government, let them test the thing in the Supreme Court, and then let them decide if we are wrong or right. That is the way it ought to work. If we don't do something besides talk, we might as well let the Chinese question be. It is a growing evil over the whole United States, and a crying evil in the State of California. Now, as my friend Beerstecher makes remark, I would like to see these men rise up and give us their views, so as to find out who are for the Chinese and who are against it. We like to see them gentlemen stand up and discuss the whole law of the United States, and discuss the law of the State of California, so we know when we are right and when we are wrong. That gives us an idea. My friend Beerstecher raised them up — woke them up on this side of the house. One gentleman said he employed Chinamen. I could not blame him; he only looked to his own interest. He don't look for the generation that is coming. So long as I live here my few years I can get along without troubling me about the Chinese. But I am looking for the stock that I am raising. They hire out for a dollar a day, and they say we can live for a dollar a day, and we have no right to have any children. That is what they say. That is what's against us. They can't deny it. They done it. Of course money does it all. That's where it comes in. If the poor man had as much money as the rich man, nobody would want to work. It is only for money we work, and if we cut wages down so he can only just keep his mouth open, he might as well go back. We ought to give him acnance and respect him,'and he will respect his employer. But as you cut wages down he don't respect him any more, and he finds the Chinaman in his place. So he sees right away that he is below the Chinaman; and there is gentlemen here who tells us that Chinamen is better than white men. I tell them the people don't think so. The Chinaman suits some people better than wnite men. Why ? Because they can use him to cook and do chamber work, when another man would not do it. If he goes to a house he don't want to do chamber work. And that is where the whole question comes in. We want to get rid of this curse. We want the Chinaman away, and give a man a fair day's pay for a fair day's work, and then we won't have any tramps. If a man comes around and wants a job, the farmer, says he, " I have a lot of Chinamen ;" and the man, says he, " I cannot starve, I will work for the same wages." " Well," says he, "you eat too much. You eat too much." He cannot get work* for his grub; he cannot get EBATES AND PROCEEmUGS 'hv the whale learned 7 ig all over tbe Slate I would Dot sUnil up n the United 8l8(«e n hare them Icome. That e B. ConslitutioD, and me afterwards, if w( I'l mind it. Let Ihe United BUtea atuide. m that I oppoae meaa Hr. BeersWcher, for '. ways worlcing for thi Their cauDotiK IS that a in pel those take out certifieatea t, to which 1 object. ! directlf , and that is eto. Wedonotdesire bmit that the reault A the penwna ive the right the trouble (o obtain aa amended bjr the iner nf employment, :e, shall lirat procure iasued to any appii- S under the lava of e Stale. No " >yment in thie Stat« y petBon, coparlner- ly, employ any alien -tiHeate. The Legis- f thia aectiaa. Pros- oyere and eraployfe. the law of thia SUte, use is what 1 object ua to put thia extra e citiiena. For that endment, becauae it ossible, aa free from possible. So far aa ire directly. It can e of becoming a cit- npel all foreigners to le punishment for a ■ it apply directly to these V IS with r nompei these persons of obUiining certiG- Ihese em ploy men ta. t soemg pfain lo my it i> simply because ary 1 will repeat it itween the claBBee of . It will not make egal. Let it operate tiiens of the TJnited wbo are entitled to all. It is unnerca- un do dirwtly. Let , feeling that some- the State ahould be and considering the I of the Whole have !r cvnsidemtioD the gresc, and ask leave MB.TINK1N. I move to adjourn. Carried. And. at eight o'clock and flfty minutes r. u., adjourned until to-morrow, at nine o'clock and Ui SEVENTY-FIFTH D SiciiMEMTO, Wednesday, D The Convention met in regular aenion at nine o it«B A. H., President Hoge in the chair. The roll was called, and members found in altei Andrewe, Barbour, Beerstecher, Belcher, Bell, Chapman, Dowling, Doyle, Dudley, of Bolau Dun lap, Edgerton, Est™, Esley, Evey, Farrell, Filcher, Finney, Gregg, Harriaon, Heishell, Hcmid, inglon, Hilbom, Hitchooch, Howard. Huestia, Hughey, Hunter, Idnipaon, Larkin, Lindow, Mansfield. Martin, of Alameda, Martin, of Santa Crui, McCallum, McTomae. McFartand, McNiitt, Miller Mills, Neunaber, Noel, O'Donnell, Hager, HaFe, ire of absence was granted to Mr. McCoy, oi Mr. Barton waa granted two daya leave of absence -' -"-aence waa granted to Mean. Holmes, O'Sul :. VAN DYKE presented the following petiti. r mechanics and otheni, citizens of California, ide in the Constitution for a lien law : OF THE OOKSTITOTIONAL CONVENTION. . — '. If echKnlcB, mtMdAl-m J Subjects. IB COBII UDUll}, ANDEN B. I'ARIa, BOTBRAGREGOBT, BAKRU A GUODCELL. WYATT. I move that the reulution which I presented yeiter- n-Ding be taken up. PRESIDENT. If there is no objection, it will be Uken up. ', Mid the Beoretary will read the reaolutioD. SECRETARY read: ■td, nViC— ThM wt, tba ddagntn ef the psoplo of lh> Bute ot C^lfomln, id RfpTrt In ihli a i.priM knf. AiwivJ—Tlut wt napKtfnlij nuaemt aur Seulon Hnd R«|>nHnI>iiiM villi 1 1 dono beoauw all mestead or preem p- nolhing left eicept WYATT. Hr. Pretident: The first reaolullon lakes the i mm from the price of the even sectionB within the limits o Tsnta vbere the railroads have been completed — where the if the grants have lieen complied vith. That is dono br— tter class of land has b«en taken, either b; homestead oi r purchase, within those limits, and Lhf— ' "---- i erior class of lauds that are not worth Ih „.„ ^. .„, as to purchase or taking eighty acres by homestead or pretiinption. Kvond resolution lelersto all the lands included within the grants ifore made which have been forfeited by reason of the non-con- ion oX the roads; in thatcaae all the even sections beicg subject to luble minimum, and the odd sections not being in the market at rhe effect of this would b« to restore all the lands within these ed grants to the market at a certain price — that is to >ay, one dol- id twenly-Hve cents per acre. All the lands which are surveyed alyoughl lo be thrown open to homestead and preemption hy citi- •f the United Btates. 1 believe it ought to be the policy of the nment to make'the lands as cheap as possible to the people, and I increase the price, or make the quantity which a man may take lan one hundred and sixty acres. I think the resolutions are iir I with the popular sentiment of this Stale. I introduce them in iance with rei? numerous petitions which I. Ijave received on the t, and I hope they will be adopted. ; PRESIDlflJT. The question is on the adoption of the resolutions t by the gentleman from Monterey, Mr. Wyatl. . MILLER. Mr. President; 1 move that the Convention now E ilaelf into Committee of the Whole, the President in the chair, e purpose of further considering the report of the Committee on IN COMMITTEE OF THE WHOLE. : CHAIRMAN. The question is on the amendment of the gen- a IVom San Francisco, Mr. Beenilecher, as amended. intend to say anything that have been made, by some of the .ing to know why the lawyers on the it that I thought the had not participated ks had any reference to me whatever, because ! don't cli the eminent lawyers whom thi " ' ' ' ' It before ir thrc men found fault because the ei (meed themselves either for or aga ere. My reply is that there is but its legal aspect. Perhaps the reason that they have remained is thai they know how utterly futile it would bo to (.ppoec the meaiurea pnpaaed to be inserted in the Con have not heard from the legal gentlemen on is, air, if they should get up here and attemj: ticQ upon this subject, as 1 should be glad t^ iirst things you would hear from Che other i that they were employed by some corporat ested in some scheme or other. These th the hoQorabte gentlemen so oflen, when ( instruct this Conventton, that they feel in< the future. It is not very pleasant when . when he feels that he is acting from co ' ■ telling tl * ■■ - ' hisDi nthis 1 di>n . belici single 1 that has any other clients save the people or any other interests than the inleresls o They are paid by the people ; and their ohjei that will be acceptable lo the people of the an honor lo their own names when thev die. " ?ast I fear— that there are some of these laces on this floor, if the various proposilion nd this report, pnrticularly, if they shnuh Constitution of this Stale, that (he/ would di ither Ibis Constitution will receiv believe, sir, that meii are going lo be so fni their interests, and Iheir desire for the right, which are attempted to be incorporated in( know that we have no right— that the State ingwhat has been said here— to incorporate [ the organic law. Every legal mind, as we knows Chat this Convention has no right I treaty, made by the powers of this govemm government. Gentlemen reason, and say W( tation. They onn'C do it under any regulalit ntravenee a treaty made by the Congress ,ere is no use of talking about IL Now, gentlemen say Ibis section means They can support it, but don't want to, becau Mr. President, it means considerable. It is ei the first section, and you will see, by a cerel " BxcTioN 1. The Legislature shall have a lo enact all needful laws, and prescribe ne protection of the State, and the counties, citii the burdens and evils arising from Che pn iaJfure or refusal to ooniply with such condiCi contained in Che furegoiug shall be constri power of the Lcgislaturr ■ ■- -" lary," Now, our people are doing busineas in Chi treaty made between their government and i there and asked them lo make it; they did there, and we went there and asked to be pci lo have a commercial treaty, and open up some of the aulhoritiee of Europe were willi pose of compelling them to make a treaty- are availing ourselves to-day of the privil treaty. Prior to the making of thai treaty t great disadvantage, because Germany at oni country Chat traded there. England and th< to have this treaty; great bonanza aated S 1 the world. Now, rould n: after w. work just exactly as w do away with it. Gentlemen ought to have' lakes tlie same contracting power to do awn; does to make il, and we cannot do away wil such way as this. Any lawyer knows we ci man ought to know we cannot do it. Tht selves are the ones tbot can do away with it. you by my colleague and otheri le Chin •eper litted to travel. Iftb SUte, what J are prohibiti when they are pen are entitled lo live in a house- be an open violation of the >tih reside in thi to ssy about thi: ig property? I initted by the terms of a in! right to .try to r. rringe u Eaty. Then, again, it reaches a class of perwr antipathy against. What hove they done gentleman here, if he would not Ijetter his i we not all desire lo make more money T better our condition whenever we canT I i should lie placer diggings discovered that won DEBATES AND PROCEEDINGS ■nda who would flock to the scene of dii iiig (heir condition t And at thia pftrticuli ith famine. There are milliona dying of I nature for these men toB;oJ' ' "^"* ig off every day of Htarvation condition T Are the>e poor ot. I don't think (here ouEfat to bo any these Chinamen. And I, as an individual, •metimea feel a little bit hnatjie from modifjina: the proviaioni of (he treaty country and China, so that we ini)tlit stop t ia toward these mcn'l cherish feelinga of and no xir t the Chines » China, r their condi (be fact hatth t couutr>- ha been xpect to relieve ourselvea of them in a day, iral ahips (o brinE them, and it wilt lake itn back again. We cannot relieve outhIt BTowth in a day. It will take aoroo tini hope we can find anme panial remedy e eon do it unleu we act ratianally ; unless il way. We cannot iTo it by any such reao- isert here. They would be declared unonn- I come before the higher Courts. Gentlemen a clause that (liey shall not be employed by II not do thus and Bo{ that they ahall not 1 license, and then provide further that (hey ow, Buppoae you do this; auppose you incor- Donstitution, and suppose the Conatilutionis jecomes the law of the land. What are you ' thousand Chinamen, if they are all going hey Mn get way! > Chin< 'c tbe people going to feed them, or " ""? What do you propose to do ipaniee that brought them here ey will send them all back i I't get rid of them in a day. B one hundred and aixly thuunnu ui iiiern. aakes my argument all the s(ronger. You nnth. Again, as some gentlemen have said. n,and I prapoae lo vote as my judgment ot caro what the people ot the Stale may ! for any office; 1 don't know that I shall f I could insert a clause prohibiting Chinese but I know it cannot be done. I am going i. I am not going to fall down to popular irL 1 am not going to do that, air. 1 am i I ahall be responsible for my vote, and I 0 say, I have an opinion on this section. I is^ other gentlemen dilTer with lue, 1 da rhtch we say the oarporattons shall not hire 1 written on. I don't believe it is worth the ing iL I believe that Governor Stanfonl.or corporation, will goon hiring (hem, and . The Courts will say (hat you h tbe Cunstilulion, and your work :iplo of law does it violate, prohibiting cor- liinamcn ? this: that the treaty says they shall come travel, and be treated like the people of the r, sir, the most favored nationa, Kngtish- 19, can come to this country and hire out to ) a discrimination in that regard between nake a speech. I wanted lo make thcic few [ stand. My vote shall be in keeping with fectly willing for the people t» see how 1 >t them know. Now, aV, I agree with you migration. I had taken that poailioii long for this office. 1 am not an oBice seeker. 1 eso immigrutiun, and 1 am as strongly : but I want to get rid of these people in a g to go losuch e-' • '-- "--- ly would have bad control of the two branches of lected a great deal of aid from that party, this State are not just as much in sympathy just as deeply interested, but the great body isympathiied with ua,aud does not lo-day. rty believe in tbe fatherbond of God and ind thev are in favor of the Chinese coininE the relief we need. I Btateitions . I have taken an oath in this hall lo obey the d Stntea, and ! do not propose lo violal* that o Ma. HOWARn, of Los Angelea. Mr. Chairman : I I nt to participate in this debate, and if I had not beet by a sense of duly 1 should certainly have continued i subject. I ooncede that the object and eflect of this artii '^'■■-eie immigration from California. It is admitted b gration is a great and menacing evil lo the mui proeperily of the Stale. Several gentlemen who hav --in maintain, however, that the State is, untTer tha .powerless (o resist, and they oppose all action. 1 of the fellow down East who was In favor of the Maine teculion. The op|«ncuU of Slate action mi ilude the Chinese, or any other immigration the safety of the Sule. is e:celusivety in the Congrea Statea. 1 deny the premises and the conclusion, both I shall be unfortunate if I do not demoi ■e tbe reverse of euch a proposition. Nor poeition with me. As long ago as eighteen hundred i dale tor Governor on the "falherliood of God and the nan " proposition, I discussed this subject in an address Sublished in the Examiner, republished, as lo that n ^orkingmen's paper then printed in San Francisco, Tl has always been a Chinese immigration party in the 81. enl few of its advocates have the courage of my frien Stuart, to avow it. All those interested in the larg porations, like the railways, or who cultivate land by t. 1, desire cheap Chinese labor, and a continuance of his Convention that is the inner secret of the op report, and of the assertion that the jurisdiction is eich Federal Congress, where thev are awdre there is no rel paled. Ilia well known that for a long aeriea of ycaia t the Western Stales has excluded not only slaves, b"' '"" . ued. Article fourteen of the Conslitutir ighteen hundred and forty-eight, provides: "The Ge shall, at its first session under the amended Constitution as will effectually prohibit free persons of color from and settling in this State; and to effectually preve ' " m into this Stale for the purpose of of history thai that policy was sustainei the Slate of Illinois with entire success, and wi Fedcn I Gove opp Icio of tbe Constitution of India eighteen hundred and fifty-one, declares: " No uegra or mulatto shall come into, or settle in thii option of this Constitution. All contracts made wil iilatto coming into this Stale, contrary to the provision shall he void, and any person who shall empio ten dollars more tbi ■ other ned in any sum dollars." These provisions go quite as far as any contained in e as open lo objection on the ground of code legislal ined in the report of the Committee on Chinese In' .idefrom tbe treaty with China, are the Pacific Coast. Governor Low, in his testimony before the Senate Committee, which will be found on page seventy-six, testified : "The impulse of eighteen hundred and sixty-seven, eighteen hundred and sixty-eight, and eighteen hundred and sixtv-nine, I have always conceived to have been given by the building of the Pacific Railroad, the company being very anxious for laborers. A great many were brought here directly and indirectly by the efforts of the railroad people to get laborers. • ♦ • i should think on the Central Pacific, from my knowledge of it, four fifths of the labor for grading perhaps was performed by Chinese. That is, from h^e to Ogden." The laborer ca,n hardly reganl a government as paternal which inau- gurates measures to introduce a horae of Asiatics who compete with him in all the industries of the country, and ^y competition deprive them and their families of bread. National, like domestic charity, begins at home. The policy of the Federal Government for these last fifteen years cannot t>e accounted for on any rational or humanitarian principle. Under the cry against pauper labor it has established a so-callea protect- ive tariff, which has led to an importation of operatives, because it has rendered impossible an exchange of our agricultural products for the proceeds of that labor, filled tne country with foreign paupers and tramps, broken up our foreign commerce, and overstocked the country with manufactures forced in this hotbed of legislation. Asiatic immigration is opposed to all the great interests of the coun- try. It represses that of our own and kindred races. I prefer that tho future inhabitants of the Pacific should be descended from the fair daughters of Germany, Ireland, Eneland, and France, instead of the copper-colored courtesans of China. Mixing with a lower race, with- out elevating them, debases our own. There is another aspect of this question which requires our deliberate consideration. If this Chinese ()opulation is permitted to become per- manent among us to the extent threatened, they will ultimately attain the right of suffrage. It is not possible to continue to carry them in our bosom as a quasi-alien enemy. If among us in the numbers we antici- pate, paying taxes, it will be impossible to resist their claim to citizen- ship. They are already being naturalized in other States, and all legal objection to their naturalization rests upon the word "white" in the Act of Congress. How soon that will be construed away by the Courts, no one can divine. If the Chinese now in the country had the ballot, in all party con- tests they would hold the balance of power and the Six Companies would control our politics and government. They would become the mere subjects of commerce, to be transferred to the party paying the highest price. It is urged that the exclusion of Chinese immigration from California is in opposition to the treaty with China. I have shown that aocording to the decisions of the Supreme Court of the United 666 DEBATES AND PROCEEDINGS Wednesday, states, it is not in the power of the Federal Government, by treaty, to annul the reserved rignts of the States, or violate the Federal compact. If the President and Senate possessed that power they might abrogate the Constitution of the United States as well as the Constitutions of the States. The Supreme Court of the United States has also held thst the right of the State to exclude an immigration which was injurious to the morals or dangerous to the safety of the State, was one of its sovereign powers never surrendered to the Federal Government. The existence of any sovereignty in the State since the rebellion has been denied. Such a position is merely preposterous. In the case of McCuUough vs. The State of Maryland, Cnief Justice Marshall and the Supreme Court of the United^tates said: ''In America the powers of sovereignty are divided between the Government of the Union and those of the States. They are each sovereign as to the objects committed to it, and neither sovereign with respect to the objects committed to the other." This is almost verbatim the language of Alexander Hamilton in his report in seventeen hundred and ninety-one, in favor of the constitutionality of the United States Bank. It has received universal assent. Since the rebellion, this doctrine has been repeatedly affirmed by the B resent Supreme Court of the United States. In United States vs. )aley, llth Wallace, that Court held, the opinion being rendered by Judge Nelson: "The General Government and the States, although both exist within the same territorial limits, are separate and distinct sovereignties, acting separately and independently of each other within their respective spheres. The former in its appropriate sphere is supreme, out the States within the limits of their powers not granted, or in the language of the amendment 'reserved,' are as independent of the General Government as that government within its sphere is inde- pendent of the States." It is a well established principle of law, from the earliest writers on international law to Vattel ana Wheaton, that a treaty in violation of the Constitution of a countiy is void and without authority. In the Cherokee tobacco case, 11 Wallace, the Supreme Court of the United States held : ''It need hardly be said that a treaty cannot change the Constitution, or be valid if it is in violation of that instrument. This results from the nature and fundamental principles of our government." And as to the power of Congress to abrogate a treaty, it is held in the same case: "A treaty may supersede a prior Act of Congress, or an Act of Con- gress may supersede a prior treaty." In order to establish satisfactorily that under the decisions of the Supreme Court of the United States, the State has the power to exclude an immigration which endangers her morals or safety, I shall have to go more fully into the principles and reasonings of these cases. Judge Wayne states as the opinion of the Court in the Passenger cases : "The State have also reserved the police right to turn off from their territory paupers, vagabonds, and fugitives from justice," (P. 425.) Again : " But I have said the States have the right to turn off paupers, vagabonds, and fugitives from justice, and the States where slaves are have a constitutional right to exclude all such as are from a common ancestry and country of the same class of men. And when Congress shall legislate, if it be not disrespectful for one who is a member of the judiciary to suppose so absurd a thing of another department of the government, to make paupers, vagabonds, suspected persons, and fugi- tives from justice subjects of admission into the United States, I do not doubt it will bo found and declared, should it ever become matter of judicial decision, that such persons are not within the regulating power which the United States have over commerce. The States may meet such persons upon their arrival in port, and may put them under all proper restraints. They may pievent thenj from entering their territory, may carry them out, or drive them off." (P. 426.) It may be said that these were the utterances of a Southern Judge, but Mr. Justice Grier, of Pcnns^vania, goes a bow-shot beyond him. He says: "It must be borne in mind (what is sometimes forgotten) that the controversy in this case is not with regard to the right claimed by the State of Massachusetts, in the second section of this Act, to repel from her shores, lunatics, idiots, criminals, or paupers which any foreign country, or even one of her sister States, might endeavor to thrust upon her; nor the right of any State, whose domestic security might be endangered by the admission of free negroes, to exclude them from her borders. This right of the States has its foundation in the sacred law of self-defense, which no power granted to Congress can restrain or conceal. It is admitted by all that tho.«e powers which relate to merely municipal legislation, or what may be more properly called internal police, are not surrendered or restrained, and that it is as competent and necessary for a State to provide precautionary measures against the moral pestilence of paupers, vagabonds, and convicts, as it is to guard against tne physi- cal evils which may arise from unsound and infectious articles im- ported." (P. 457.) I further answer this position in relation to the treaty in the language of Chief Justice Taney, who says: " And the first inquiry is whether, under the Constitution of the United States, the Federal Government has the power to compel the several States to receive and suffer to remain in association with its citizens, every person or class of persons whom it may be the policy or pleasure of the United States to admit. In mv judgment this question lies at the foundation of the controversy in this case. I do not mean to say the General Government have, by treaty or Act of Congress, required the State of Massachusetts to permit the aliens in question to land. I think there is no treaty or Act of Con- gress which can justly be so construed. But it is not necessary to examine that question, until we have first inquired whether Congress can lawfully exercise such a power and whether the States are bound to submit to it. For if the people of the several States of this Union reserved to themSelves the power of expelling from their borders any person, or class of persons, whom it might deem dangerous to its peace, or likely to produce a physical or moral evil among its citizens, then any treaty or law of Congress, invading this right, and authorizing the intro- duction of any person, or description of persons, against the consent of the State, would be assumption of power which this Court could neither recognize nor enforce." (P. 446.) The Chief J ustioe continues: "And it is equally clear that, if it may remove from among its citizens any per- son, or description of persons, whom it regards as injurious to tneir welfare, it follows that they may meet them at the threshold and pre- vent them from entering. For it will hardly be said that the United States may permit them to enter, and compel the States to receive them, and that the States qiay immediately aAerwards expel them.*' • * • " I think it, therefore, to be very clear, both upon principle and the authority of adjudged cases, that the several States have a right to remove from among their people, and to prevent from entering the State, any person, or class, or description of persons, whom it may deem dangerous or injurious to the interests and welfare of its citizens ; and that the State has the exclusive right to determine, in its sound discre- tion, whether the danger does or does not exist, free from the control of the General Government," (P. 467.) In subsequent cases the Court has expressly reserved its opinion on the police powers of the State in this respect. In Henderson vs. Mayor of N. Y., 92 Otto, 250, decided in eighteen hundred and seventy-five, whieh was a question of a tax on immigration per se, the Court say : ** Whether, in the absence of such action (Congressional legislation) the States can, or how far they can by appropriate legislation protect them- selves against actual paupers, vagrants, criminals, and diseased persons arriving in their territory from foreign countries, we do not decide." (P. 275.) The most that can be said in favor of the exclusive power of Con- gress to so regulate foreign commerce as to interfere with the police rights of the States, is that it is not yet a settled question in the Supreme Court of the United States. The Supreme Court has not enly by repeated decisions recognized the police power for the protection of its citizens, but IB the recent case of United States vs. Dewitt, held an Act of Con- gress void, which prohibited the mining for sale of naphtha and* illumi- nating oil, as interfering with the regulation of internal oommeme, which it declared to be a power vested exclusively in the States. (11 Wallace, 41.) There could be no stronger illustration of the exclusive police powers of the States, and the utter want of jurisdiction in the Federal Government over that class of subjects. In the case of Chy Lung vs. Freeman, 92 Otto, 280, so much relied on by the advocates of Federal power, the only point really decided was that a State officer could not go on board the ship and seize a woman and deprive her of her liberty as a prostitute without giving her a trial. The question arose on a writ of habeas corpus. There was no question of taxation involved in the case, nor any question of exclusion of the immigration, and clearly none of the safety to the State of Chinese immigration. The case and the State law assumed that the immigra- tion of moral Chinese women was legal and a safe commerce. There is no doubt that the statute of California was liable to the criticism to which Mr. Justice Miller subjected it. " The Commissioner has but to go aboard a vessel filled with passen- l^rs ignorant of our language and our laws, and without trial, or hear- ing, or evidence, but from the external appearance of persons with whose former habits he is unfamiliar, to (K>inl with his finger to twenty, as in this case, or a hundred if he chooses, and to say to the master: These are idiots, these are paupers, these are convicted criminals, these are lewd women, and the others are debauched women. I have here a hundred blank forms of bonds printed. I require you to fill me up and sign each of these for five hundred dollars in gold, and' that you furnish me two hundred different men, residents of this State, and of sufficient means as sureties on these bonds. I charge you five dollars in each case for preparing the bond and swearing your sureties; and I charge you seventy-five cents each for examining these passenj^ers, and all others you have on board ; if you don't do this you are forbidden to land your passengers under a heavy penalty. But I have power to commute with you for all this for any sum I may choose to take in cash. I am open to an offer, for you must remember that twenty per cent, of all I can get out of you goes into my own pocket, and the remainder into the treasury of California." This, although somewhat colored, is a tolerably accurate description of the statute. Of this law, Justice Miller correctly says : " Its manifest purpose, as we have already said', is not to obtain indem- nity, but to get money*." There was no pretense that it was a statute excluding Chinese immi- gration. The Court expressly admits the power of tlie State to the extent of what is necessary for self-protection, reserves its opinion as to what measures are necessary, and invites the presentation of a case which the Court ma^ pass. The Judge says: "We are not called upon by the statute to decide for or against the rights of a State, in the absence oi legislation by Congress, to protect herself by necessary and proper laws against paupers and convicted criminals from abroad; nor to lay down the definite limits of such a ri^ht, if it exists. Such a right can only arise from a vital nece^ity for its exercise, and cannot be carried beyond the scope of that necessity. When a State statute, limited to provisions necessary and appropriate to that object alone, shall, in a proper controversy, come before us, it will be time to decide that ques- tion." Thus the (^ourt expressly rules that no question of exclusion is before them. The case, therefore, in nowise conflicts with the main ques- tion in the case of the City of New York vs. Miln, or the 'doctrines in the Passenger cases. The truth is that no case has ever been before any State or Federal 0>urt which fairly presented the right of the State to exclude Chinese immigration with its attendant circumstances. Unless the cases of the City of New York and the Passenger cases are in point which assert the right to prohibit it, it is entirely an open question. I maintain Dec. 11,1878. OF THE CONSTITUTIONAL CONVENTION. 667 that the neceasity indicated in the opinion of Mr. Justice Miller has already arisen in Caliromia in relation to Chinese immigration, and that the only proper, appropriate, and efficient remedy is a total exclu- sion of the Chinese from landing on our shores. That the case of Chy Lung vs. Freeman does not overrule the former decisions, that the State is the exclusive judge of the necessity of the case in a Question of self-defense, and that according to the opinion of Justice Miller the State must judge at least in the ^nt instance and pre- sent a case for adjudication. It is simply nonsense to say that if we present a case of exclusion under this report and a revised Constitution, it will lead to a conflict with the General Government. If the case should be decided against us, which I do not anticipate, we have only to submit to the judgment of the Court, and there can be no poesible contest between State and Fed- eial autborily . Besides, each section, under the decisions of the Courts, will be a distinct and separate enactment, and some of them, at worst, will be held valid, while others may possibly be declared in conflict with the Constitution of the United States. The interests and honor of the State require that the experiment of invoking a decision should be made as su^^gested by the Supreme Court of the United States. It IS pertinent to remark that since the decision- of the case of Chy Lung vs. Freeman, the subject of the police powers of the States was again before the Supreme Court of the United States, after a heated political contest over the subject in California, and Mr. Justice Field, in the opinion of the Court, took occasion to modify the language of the former opinion. That such was the intention can admit of no doubt, as Mr. Justice Field, in the opinion of the circuit, declared that a State had a right to protect itself against Chinese immigration as a matter of self- defense. In this case of Sherlock vs. Ailing, decided at the October Term, eighteen hundred and seventy-six, the Court, in the opinion by Justice Field, say : '' In conferring upon Congress the regulation of commerce, it was never intended to cut the States off from legislating on all subjects relating to the health, life, and safety of their citisens, though the legislation might indirectly afiect the commerce of the country." (05 Otto, p. 100.) In this case the whole principle is clearly enunciated. And now, sir, in conclusion, I take occasion to say there is not the least hope for relief by the action of Congress. I am utterly opposed to any action of that bod^ in the premises, but the abrogation of the Burlingame treaty. Now, sir, m the classic language of some of my friends on the other ode, I say, ** the Chinese must go." But I propose to make them go in a legal way, by the regular action of the government. Violence has been suggested. Mobs have been alluded to. Now, sir, so far as any- thing but regular governmental action is concerned, I set my face against it. If our system of government is not sufficient to correct all the evils of society, then is that government a failure and a fraud. I have no taste for mobs, whether they be in the nature of an honest uprising for the correction of abuses, or whether they are the lowest, and vilest, and most criminal of all mobs under the name of a Vigilance Committee. And, sir, if any Tiolence is resorted to in relation to this Chinese ques- tion, if we have an Executive of honor and courage, it will be put down in sharp and vigorous action, cost what it may in blood or treasure. Let Q8 take care what we do. We may as well talk sense as nonsense ,* it don't cost any more. Mr. Chairman, mob means the torch ,* a mob means the destruction of jKoperty. It never can succeed iu this country; there are too many properly holders here. There are too many men who own little farms — little homes here. They will revolt against all mobs, and whenever violence is resorted to, I am for stifling it at once, be the cost what it may. In relation to the mobs of eighteen hundred and seven tv-seven against Eastern railroads, although it may have been provoked by the reduction of wages at a time when they were declaring dividends of seven per cent., it was properly suppressed by the State and Federal Governments, and if President Hayes never does another act which will commend him to the grateful remembrance of posterity, the suppression of those riots will. pTo, sir, give us law ana the regular methods of redress of grievances through the ballot box, and I trust we will redress a great many in that way. I express myself in this manner, sir, because I know with what we have to deal here. I would not load the Constitution with objection- able and useless matter. I have no fear about the Constitution when it comes before the people. It will be ratified. I know, sir, that there is a disposition in certain Quarters to malign this Convention. I know there has been a disposition to belittle our work and traduce it. And wjiatever we do or say, we are met with the threat that the Constitution will be rejected. But gentlemen are counting without their host. I know, sir, that certain papers in this State, notoriously in the interest of monopolies, are battling in that direction; that they endeavor to sup- press all the reasons from the public for the action of the majority here. It is true, the Record-Union did print speeches for some of us, which we paid for, until we got to be too hard on the corporations, and then they shot down on us, and now you can't get a solitary line published which is against their views. The accounts which go to the city papers are so meager that the public can glean nothing of the reasons for what we do here. All this works against us, especially when everything said against the reforms proposed here is careiully published. But if we make a good instrument, and give to the public such reasons as we can, and take care to keep all tomfooleiy out, I have no fear of the result; and I do not fear the opposition of this class of papers; it will fall harmless at our feet. We have no hope of any relief from this monstrous evil but in union amon^ ourselves and the action of the State. I have no fear that such provisions as this will result in the rejection of the Constitu- tion. If it should be rejected by the people, it will more probably be for what it omits than for what it contains. The cry of its defeat is an idle bugbear, which will not disturb even venerable maidens. The result will show that the wish is father to the thought, and that they who cry defeat are false prophets of evil omen. I say to you, iu the language of the great bard: " To thine own self be true, And It must follow, as tho night the day, Thon canst not then be &1m to any man." Me. GREGG. Mr. Chairman : If a motion is in order, I would like to move to strike out sections two, five, six, seven, eight, and nine of the report. Thk CHAIRMAN. It is not in order. ^ SPBBCH OF MR. HRBRIKGTON. Mr. HERRINGTON. Mr. Chairman : From the way we are goin|, this Convention will be in session till the Legislature meets. It is about time we were adopting some fixed, settled line of policy. Now, I can hardly hope to add any argument to that which has been made by the gentleman from Los Angeles, Mr. Howard. The doctrines which he advanced are eminently sound, and his logic invincible. There are very few, if any, additional authorities besides those which have already been presented. It may not be improper, however, to state what I consider the object and purpose for which the Government of the United States was established under the Constitution and forms of law. It is said that the chief purpose of the Constitution of the United States, as decided by its founders, to be to form a more perfect union, establish justice, insure domestic tranquillity, provide for com- mon defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity. And when it is consid- ered that this was asserted by the thirteen sovereign States, it will be understood that nothing more was conceded than what was agreed to by these general terms. And when you have referred to the specific provision that the same instrument contains, by which the power is conferred upon Congress to put in force this instrument, so as to enable the Government of the United States to carry out these several general powers, we have arrived at the whole j>lans and powers of the Govern- ment of the United States as contradistinguished from the powers still remaining in the States of this Union. And it is with these powers, regulating commerce with foreign nations and between the States, bor- rbwing money, etc., that you parted. Upon this subject of regulating commerce, I presume you have been sumciently enlightened by the ffentleman last upon the floor, and hy the gentleman from San Francisco, Mr. Barbour. So far as that power is concerned, it extends only to the regulation of commerce between the States, and between the United States and foreign nations. It has been held, and rightly so, and I pre- sume that it embraces also transient foreigners passing through the country — as far as the Burlingame treaty is concerned — that those who are here may reside here. The doctrine of the powers of the State has been expounded very clearly, and it is hardly worth while for me to go into that subject. I shall, therefore, refer simply to the action taken m establishing the tr^ty. I do not say it was the purpose of the President of the United States, or of the Congress of the United States, but I say it was an oversight, the result of eagerness to secure tho commercial interests of the United States, and in their eagerneos to secure this result, important guards and restricliona were omitted. I apprehend, however, that if ever the construction of that treaty was called in question before the Courts, and a fair construction given to it, it would be held, as the Fourteenth Amendment has been held in certain cases, to which I will call your attention, to apply solely to the regulation which the govern- ment is authorized to exercise. I refer to the Sleflighterhouse cases. (16 Wallace, p. 37.) There was a cry for cheap labor. Capital wanted cheap labor; cor- porations wanted cheap labor; and now cheap labor is fastened upon us, and threatening our ruin, threatening starvation to our poorer classes, and we are told that we are powerless. I say, no wonder the poor man is tempted to lift his voice against the powers that be. He who has ever been readv to take up arms in defense of his country, and of Its institutions, finds himself driven to the wall by serfs, with no power of redress. What wonder that he lilts his voice in lamentation. It is not drunkenness that has caused this trouble. It is the lack of employment which makes men lift their voices against this unnatural condition of things. Cheap labor has redounded to the benefit of a few capitalists, but not to the prosperity of the country, or any part of the country. The cry of cheap labor had no foundation in fact, but was used as an excuse for an enonnous subsidy io a line of steamers. We have all seen the evils of cheap labor, and the State has the power now to remedy these evils. It has been said here that the Constitution of the United States was the supreme law of the land, and the treaties and laws made in pursuance thereof were the supreme law, anything in the Constitution of the States to the contrary notwithstanding. I understood that the proposition was set up as a general proposition. If I am not mistaken that proposition is not law, and it will be suffi- cient to merely state what is the law, and let it rest upon that state- ment. In every case where there is joint jurisdiction, and there is an absolute prohibition by the State, and the same authority is concurrent in the United States, in such a case the laws passed by Congress, in pursuance of the Constitution, are the supreme law of the land, anything in the Constitution or laws of the State to the contrary notwithstanding. But in the absence of any law of Congress on a subject, where the authority is concurrent, the laws of the State will hold good. Of coui*se when Congress does act, that supersedes the State law. The CHAIRMAN. The question is on the adoption of the substitute proposed by the gentleman from San Francisco, Mr. Beerstecher. The amendment was lost. Thk SECRETARY read section one, temporarily passed over: Section 1. The Legislature shall have and shall exercise the power to enact all needful laws, and pre^ribe necessary regulations for the 668 DEBATES AND PROCEEDINGS Wednesday, protection of the State, and the counties, cities, and towns thereof, from the burdens and eviU arising from the presence of aliens, who are or who may become vagrants, paupers, mendicants, criminals, or invalids afHicted with contagious or infectious diseases, and aliens otherwise dangerous or detrimental to the well-being oV peace of the State, and to impose conditions upon which such persons may reside in the State, and to provide the means and mode of their removal from the State upon failure or refusal to comply with such conditions; provided, that nothing contained in the foregoing shall be construed to impair or limit the power of the Legislature to pass such other police laws or regulations as it may deem necessary. Thr chairman. The question is on the substitute o^Mr. Joyce. Mr. miller. This amendment has no relation to the subject- matter of section one. It more properly belongs to section seven, which reads thus: "Skc. 7.' The presence of foreigners ineligible to become citizens of the United States is declared hereby to be dangerous to the well-being of the State, and the Legislature shall discourage their immigration by all the means within its power. It shall provide for their exclusion from residence or settlement in any portion of the State it may see fit, or from the State, and provide suitable methods, by their taxation or otherwise, for the expense of such exclusion. It shall prescribe suitable penalties for the punishment of persons convicted of introducing them within forbidden limits. It shall delegate all necessary power to the incorporated cities and towns of this State for their removal without the limits of such cities and towns.'' It alludes to the same thing precisely. I think we had better let this first section stand as it is precisely, because it deals with a certain class of cases. When the proper time comes I will offer an amendment which I consider necessary to perfect the section. Thk chairman. The question is on the amendment. Rejected. Mr. miller. Mr. Chairman, I offer an amendment. Thr secretary read : " Insert in the fifth line, after the word * with,* these words : * Incur- able diseases which are,' and strike out in the last line the word * dis- eases.'" Th« chairman. The question is on the amendment offered by the gentleman from San Francisco, Mr. Miller. RKMARKS OF MR. AYKRS. Mr. AYERS. Mr. Chairman: I hope the amendment will not be adopted, because it raises a question upon which doctors might disagree. While Dr. O'Donnell might consider a certain disease incurable, Dr. Shurtleff might consider it curable. I think the amendment weakens rather than strengthens the section, and, unless the gentleman can pro- duce some better reasons for it, I shall have to vote against it. Mr. MILLER. The object is simply this: there are a great many diseases that are contagious and intectious, which are mild in form, such as measles, mumps, and things of that kind. We do not want to put in a provision here to remove a man from the State simply because he may have the misfortune to have the measles or the mumps. That is why I have suggested the word incurable. Mr. JOYCE. It seems to me that the section is in the interest of pro- tecting the Chinese. What benefits there is going to be got out of section one I can't see. If we are going to get rid of a lew sick Chinamen and keep all the healthy ones, I don't see the good. I want to get rid of them all, and not merWy the sick ones. Thr chairman. The question is on the amendment. Lost. Mr. O'DONNELL. I have an amendment to the section. Thr secretary read : " The right is hereby reserved to the State to protect its citizens from pestilence and plague, and as a police regulation to prohibit the entering of dangerous and criminal classes." SPRECH OF MR. O'dOKKELL. Mr. O'DONNELL. I would like to have the Secretary read some extracts from the press which I send up. Objected to. Thr chairman. Objection is made and they cannot be read. Mr. O'DONNELL. Then I claim my right, and will read them myself, if the Secretary is not allowed to read them. Objected to. Thr CHAIRMAN. Objection is made, and the gentleman cannot read them without the consent of the committee. Mr. O'DONNELL. Then I will speak of leprosy, and talk the extracts to you [laughter] I suppose. Mr. Chairman, thaj; very few of the members on this floor understand what leprosy is. In the first place I want them to understand that Jesus Christ had delegated to his disciples the power to raise the dead, cast out devils, and heal every class of diseases, but he never delegated to any of his disciples the power to heal a leper. It is one of the most fearful diseases known to the world. I will show you a likeness of it. [Exhibiting a portrait, life- size, of a leper.] That is a likeness of one of these lepers now in the I>esthouse in San Francisco. Mr. BLACKMER. Does the gentleman offer that as an amendment to the section ? [Laughter.] Mr. ROLFE. I think I see a striking resemblance between that and the gentleman. [Laughter.] Mr. O'DONNELL. If the gentlemen don't stop interrupting me I won't get through before to-morrow night. [Laughter.] We know there are a thousand cases of leprosy in San Francisco, and there is no power to remove them. You all remember that a few years ago I went and got the reporters of the different papers and took them through China- town, ana showed them over one hundred and fifty cases of leprosy. and the report is right there in black and white. It goes on and describes these cases. Now, according to the best medical writers in the world, if we allow them to remain here five years three quaKers of San Francisco will be affected with this pestilence. That is the reason I produce that extract which you refuse to hear read. But, in the course of a few years, you will be sorrj' for it. If you don't take cognizance of this evil now, I say vou, the delegates of this Convention, are responsi- ble for the dire results which are certain to follow, and you ought to be held responsible. There are now in the pesthouse, in San Francisco, some twenty-three cases. One of these cases was standing on the corner of Dupont and Washington streets for two years. Now, think of that. For two years one of these lepers was standing on the corner of Washington and Dupont streets, coming every hour in contact with your wives and chil- dren who are forced to pass through that part of the city. And accord- ing to the very best authorities in the world, they tell you that it is infectious. I want you to understand it is both infectious and conta- gious. The press, owned by the Chinese companies, will tell you thdt it is not. A majority of the people of this State don't know the differ- ence between intectious and contagious. Mr. BEERSTECHER. What is the difference? Mr. O'DONNELL. I don't suppose there is any of them any more ignorant than you are. [Laughter.] Read what the honorable and distinguished Judge who died of leprosy on the island has to say about it, and how he contracted this loatnsome disease hy coming in contact with a leper. You all know the history of the islands. This man was traveling through the islands, and accidentally sat on a seat from which a leper had just got up, and he was removed to another island, where, in aoout seven years he discovered that he had the disease. This is an jsland set apart for lepers, and who enters there never goes away again. He had got the disease from sitting in the chair which the leper had occupied. He says leprosy is spread by coming in contact with lepers, or being where lepers have been. There have been five hundred lepers sent here for the purpose of sowing that disease broadcast all over this fair land. That is a fact. We have found it in San Francisco, and wc have found it in every town in the State of California. Even here, in Sacramento, there are over fifty cases of leprosy. I can, within sight of this hall, produce over twenty cases of leprosy, that horrible, incurable disease. No human power can relieve the leper from that slow torture, a lingering, living death ; there is no cure for the leper. You must understand that most of the press of the State of Califoniia is owned by the Six Chinese Companies. They tell me that it is not contagious. They tell you the disease is not contagious. But do they say it is not infectious? I say it is infectious! Remember, that wherever the coolie has gone, he has spread that disease. Look at the history of the Sand- wich Islands. They were the purest blout a clause in the Constitution declaring that they shall not land here, or the people of the State of California will rise and stop their coming to this country. [Applause.] This section must be put in the Constitution, declaring that the coolies must not land on these shores in no instance. Now, I say my object is to get rid of them, and this section will do it. We have the power to prevent their coming. We have the power to prevent them from spreading this loathsome disease broadcast over the land, and I mean to do it if I can. When we know that we have the power to put these things in the Constitution, why do you refuse to do It, when vou know the people of the State of California demand it at your hands? My friend from Los Angeles says we have the power, and I know wo have. Let us express it m the Constitution. The people want it, and they will ratify our work here if we do it. Mr. REYNOLDS. It seems to me that this is a good place for a point of order; the gentleman is not speaking to the question. The amend- ment which he proposes is out of order, for it assumes that the State has absolute power over the whole subject, which we all know, is not the case. We can only provide for the e.xercise of such power as is reserved in the State, therefore the amendment is out of order. The Convention has no authority to reserve any rights or grant away any rights. Thr chairman. The point of order is not well taken. The gentle- man from San Francisco will proceed. Mr. SCHELL. I rise to a point of order. Mr. O'DONNELL. State your point of order. [Laughter.] Mr. SCHELL. I wish to read Rule Forty-one, for the government of this body : " Every member when about to speak, shall rise and respect- fully address the President, shall confine himself to the question under debate, and avoid personality, and shall sit down when finished." The last part is what I base m^ (x>int of order on. The gentleman does not sit down wjien he has finished. [Laughter.] Thr chairman. The point of order is not well taken. Mr. O'DONNELL. I would like to inform the gentleman that I am foing to finish my remarks if it takes until to-morrow night. [Ijaughter.] am going to take my time, you can listen or not, as vou please. Mr. van VOORHIES. I move we take a recess.' [Laughter.] Thr chairman. The motion is out of order. The gentleman will proceed. Mr. O'DONNELL. I would like to read some of the testimony taken before the Senate Committee, in regard to the condition of this spot called Chinatown — this plague ppot situated right in the center of the tfity. " I have lived here for twenty-eight years, and studied their hab- its, visited their places and their criminal dens, and I think I kno^^ something about tnem. They are low, degraded, and filthy." Mr. STEDMAN. I ask the gentleman whose testimony he is read- ing? ■: Dec. 11, 1878. OF THE CONSTITUTIONAL CONVENTION. 669 Mb. O'DONNELL. Mj own testimony, given before the CommlBsion under oath. [Laughter.] I merely wanted to say that I visited one of the shipe, and the captain, who waa present, admitted it Captain Jov was the captain of the ship. I went on board of that ship which was niuning between this port and China for a great many years, and lias brought a great many ooolies to this country. I testified that most nf them were snipped from Hongkong, an English port, and that those who are brought here are brought under these labor contracts, which are familiar lo every member of this Convention, and that a great many of them are infected with these diseases. Now, durins the testimony I gave. Captain Joy was present and acknowledged it to be a fact. I will read from my sworn testimony, and you can see what I said : "Question — How long have you resided in this State? •'Answer — ^Twenty-six vearsi about. " Q, — What is your profession T "A. — Physician. " Q.— -On what street do you reside T "A. — On Kearny, between Jackson and Washington. "Q. — What reference has that to the Chinese question? ''A.— We have the bulk of the Chinese right there in our midst. "Q.— Are vou conversant with them, with their habits, and their manners, and have you had opportunities to observe them? "A. — Yes, sir. I have practiced as a physician among them for a great many years, and I have studied their nabits, and I think I know some- thing Rlx>ut them. ** Q. — State to the committee the result of your observations, taking such drift as you may please in re^rd to the general idea of their chanicter and habits, and as to cleanliness — hygiene, if that is the proper word— and so on, all through the category of virtues and vices. "A. — I have livod in that vicinity for over twenty years, right in the midst of them. I have visited all their gambling houses and bagnios. I have been very careful to study their habits, and their habits are very immoral, low, degrading, and very filthy. In regard to filth, the stench of that vicinity is sufficient, I should think, to produce any disease. I have discovered among them leprosy, and any amount of smallpox patients. They were the first that introduced the smallpox here about five years ago. This last time it originated from them, because the first rase that occurred in this last epidemic was a teamster who lived in Haves' Valley, and at that time a ship by the name of Crocus, I think, brought a gang of these pirates here. The captain said they were pirates. "Q. — ^That is th» English steamer. Crocus, Captain Joy? "A. — ^Yes. He said they were all a lot of pirates. **Mr. Bee Let me correct that right here. The captain wrote a note stating that he did not call them pirates. "Senator Sargent. Where is the note? "yfr. Bee, I saw it^blished. **TKe Witness. I visited the ship, and the captain told me they were pirates. He told me the only way to keep thera in subjection was by using hot pokers. He said he hacl to keep a brigade of hot pokers to keep them in subjection. The captain said that to me. One of the Custom House officers told me this ship had arrived. It was about six o'clock in the morning, and he was going down to get aboard of the steamer. He said he had to go. I asked him, why? He said because there was smallpox on board. I immediately gt)t my buggy and horse tod went down there. They had discharged the ship on Sunday. I met one of these Chinamen on the corner of Second and Brannan streets. He was broken out all over with the eruption of smallpox. I immedi- ately drove back to the Health Office and informed them there; and I wasu^ld by one of the detectives that there was no case of smallpox on koard. I told them I had seen one case particularly that I knew to be smallpox, that had left the ship. ThA is where this epidemic origi- nated." Now, you all recollect that epidemic, and you all know where it started. We lost by that epidemic some two thousand three hundred of our very best citizefis, by this epidemic brough^here by the ship Crocus. You all know that to be a fact. There is the sworn testimony of the captain who brought these pirates over. Thirty-three cases were discovered that had Men landed here in the City of San Francisco, between five and six o'clock in the morning. I met the detective at the City Hall, and I told him I was going down to see this ship, and see if there was any smallpox on boani. Why, says he, I have been down there, and there is not a case of smallpox there. I said, I am going to satisfy myself. Before I got to the ship I discovered three cases; I stopped them right there. They were broke out all over. I went on down to the ship, and when I got there they told me I could not come on board. The Health Officer was on board. / I tell you, Mr. Chairman, and fellow delegates, we have got to quar- antine our ground. These Chinese companies, I tell you, can do any- thing in the world. They can do anything they want to do. Now, the very idea of allowing that ship to land here with smallpox, to spread it all over the city, and all over the State of California, to sweep off hundreds of our best citizens, is an outrage on our civilization. All broQorht here by the landing of one ship, all oecause it was not quaran- tined. Now, if we put in this additional clause, it will prevent all such things in future, if tne officers and citizens do their duty. The Supervisors tod Board of Health declare they have no power. This Convention vtf called for the very purpose of putting some section in the Consti- tution to save the citizens of the State of California, and protect them ajgaiost this invasion. That was the main object of calling this Conven- tion, and no member on this floor dare deny it. Now. it appears to me, that notwithstanding fifty wise men are trying by every means in their )K>we/ to destroy the effect of this section, we ought to stand up and pass It. They are attacking it with the pruning knife, and attempting to prune out the best part of it. The people of this State demand, in the name of humanity, that wc give them some means by which they can remove this pestilence out of the Golilen State. They demand that we give them some means of protecting their wives and children. This very Chinatown is situfited in the very heart of San Francisco. Ko man can go from the eastern part to the western part of the city without coming in contact with these lepers. Now, I want to read you what Mr. Gibbs says about these diseases: **Mr. Maymand—Kow long have you resided in California? "Answer — Since January, eighteen hundred and fifty — twenty-six years. " Q. — How long in the City of San Francisco? "A. — From eighteen hundred and seventy to the present time. The balance of the time I resided in Sacramento. **Q. — What is your official position? "A. — Supervisor from the hleventh Ward, city government. "Q. — Do you know anything about hospitals in this city? "A. — I am Chairman of the Hospital Committee. "Q. — Are there any Chinese in tne hospitals? * "A. — In the hospital, one; in the almshouse, one; and in the f)est- house, thirty-six. 1 think eight are afflicted with leprosy, and most nf the balance with venereal diseases. "Q. — Do the Chinese contribute anything for the support of these persons? "A. — Nothing whatever. " Q. — What do they do with their sick and helpless? "A. — I understand they are turned out to die. "Q. — Have you ever been through the Chinese quarter of this city? "A. — Yes, sir; several times. '* Q. — What is its condition as to deanlinesa? ''A. — It is in a miserable condition — a disgrace to the city and to the poIit» for permitting it; and to the health department, too, I think. "Q. — In your opinion, what influence has the presence of this Chi- nese population on the morals of this city? "A.— A very bad one, indeed. The women have inoculated the youth with diseases. The prices are so cheap in Chinatown that young lads resort there, and as a consequence have all sorts of venereal diseases. There are many cases of young men in the hospital, suffering from syphilis, oontraoted in the Chinese quarter. ' "Q. — Have you ever seen any Christian Chinamen? "A. — No, sir; I have not. I have been told that the Chinese each pay five cents a day for the ri^ht to be doctored free when sick ; but should a Chinaman fail to ])ay his five cents, he must look out for himself. *'Mr. Jiogers^You say a great many youn^ boys are inoculated with these diseases; are many of them in the city institutions? "A. — I think there are some, but a great many more are cured out- side. A large number of dispensations are given and filled at the city institutions." Now our wives and children have to pass through Chinatown eyery day. These Chinamen are all over the city, and all over the State. They go out into the country to work, and spread this disease every- where. One of them cooks in your kitchen, and at night he goes down to these bagnios, associating with the lepers and prostitutes, and the next morning he is back in your kitchen. I see that it is time for the committee to take a recess, and I will finish after dinner. Mr. van VOORHIES. Mr. Chairman: I move that the committee rise, report progress, and ask leave to sit again. Carried. IN CONVENTION. Thr PRESIDENT. Gentlemen: The Committee of the Whole have instructed me to report that they have had under consideration the report of the Committee on Chinese, have made progress, and ask leave to sit again. The Convention then took a recess until two o'clock p. u. AFTERNOON SESSION. The Convention reassembled at two o'clock p. m.. President Hoge in the chair. Roll called, and a Quorum present. Mr. HILBORN. Mr. President: I move that the Convention now resolve itself into Committee of the Whole, the President in the chair, for the purpose of further considering the report of the Committee on Chinese. IN COMMITTEE OF THE WHOLE. Thr CHAIRMAN. Section one and amendments are before the Convention. Mr. O'Donnell has the floor. SPKRGH OF MR. O'OONNRLL — COMCLUOKD. Mr. O'DONNELL. Mr. Chairman and my fellow delegates: I will only detain you a very few moments. It is only the importance of this issue that compels me to say a few words more. One of the most useful papers in the State, one that the people rely most upon, is the Call, and that paper says that "there is not a single house which does not con- tain at least one or two of these lepers." Mr. Chairman, listen to the language. Listen to the language of the most able man in San Fran- cisco, and from the most trutnfuT press in the State of California. They tell you that in every house in Chinatown there are cases of leprosy. It is sowing the seeds of death all over this State. That is the language ; deny it who dare. There are gentlemen right around me here now that will tell you that there is over five hundred cases that they know of in Chinatown in the City of San Francisco. Mr. JONES. Mr. Chairman : I rise to a question of privilege. I understand from the speaker that he has been himself intimately con- nected with, and come in contact with, this horrible disease. That he has been daily-mixed up with it, and that it may sleep in his system, 670 DEBATES AND PROCEEDINGS Wednesday, and be communicated to other people. If that be so, I think it is the privilege ^f this Convention that they should have some guarantee against this thing cropping out on them seven years hence. That we ou«rht not to be suDJect to the danger of contagion or infection here now. Mr. O'DONNELL. That exposes the ignorance of people. They don't understand that it takes at least five or seven years to come out on the system, and that it is only infectious when you get the pus or scale off the leper. Mr. JONES. We want the privilege of not having it come out seven years hence on us. We don't want it at all. Mr. O'DONNELL. Mr. Chairman : I hope you will protect me from the mouthpiece of these Six Chinese Com|Mtnies. I want ray rights guaranteed to me, and I will have it as any other member on this floor. Mr. STEDMAN. I rise to a point of order. My point of order is that the gentleman is trying to mislead this Convention; that there are seven Chinese companies in San Francisco and not six. Mr. O'DONNELL. Oh, sit down. The chairman. The gentleman from San Francisco will proceed. Mr. SCHELL. If the gentleman will allow me I would like to make a request. The chairman. Does the gentleman fh>m San Francisco yield the floor? Mr, O'DONNELL. For a moment I do. Ma. SCHELL. I desire to ask a favor of the gentleman. It is this Mr. O'DONN ell. Now, I will not yield the floor. I want to go on. Mr. SCHELL. Mr. Chairman : I rise to a point of order. My point of order is this: that the gentleman has a picture there upon his desk which has been exhibited here, and is bein^ exhibited at the present time. I believe there is a pen^l statute now m force in this State which says tbut it is against the law, and makes it a crime, to exhibit an obecene picture. I consider that an obscene picture. Mr. O'DONNELL. Do you know the meaning of the word obscene? [Laughter.] Any other gentleman want to ask me any questions? Mr. SCHELL. If the gentleman wants to know what I consider a synonym of an obscene picture, I might state it. Mr. O'DONNELL. I don't want any information whatever. If I do I will go to some other source. Mr. Chairman, this is what a missionary knows about Chinese : " The Rev. G. Benton, a missionary who has just returned from China, lectured Monday evening, in one of the halls of the Metropolitan Tem- ple, on the subject of * The Chinese must go.' He said that all missions to convert the Chinese have and will prove failures. It was time that philanthropists should cease giving money for such purposes. The Chinese are unexcelled in smuggling; they have no credit system in their business; they are such cheats and liars that they do not believe in the existence of truth. The filial duty so often attributed to Chinese is a myth ; it is only practiced for sel^aggrandisement and after the death of the parent. Tney are inveterate thieves; they are cannibals. Their oflicials are more corrupt than an Indian Agent or a School Director. They have^io ambition ; their only aim is to eke out a scant and miser- able existence. Their ignorance and superstition is astounding. Their overrunning this country is only a matter of time, unless prompt legis- lative action is taken. They believe there is more gold m Califpmia than we can use. He did not understand how so many Chinese came to California. He thought the Six Chinese Companies were a ring who advanced them their passage money, and had a ' fat thing' in extorting money out of their wages." I'hat is from a missionary. Mr. TINNIN. What paper does the gentleman read from? Mr. O'DONNELL. I don't know. There is the article; I didn't notice the paper. Mr. STEDMAN. It is the Chronicle. [Laughter.] ^ Mr. O'DONNELL. There is the article. I did not notice the paper. We have got to incorporate into this Constitution a law to prevent this class from landing. Self-preservation is the first law of nature. Charles 0 'Conor says that revolution is the highest law of the land. [Laughter.] The right of revolution is the highest law of the land. The people of the State of California^ through their delegates to this Convention, have sent you for the purpose of putting an organic law into this Constitution to protect them against this pestilence. The State demands it and asks it of you. First, the Supervisors of San Francisco ask you to give them a little authority by which they could be able to remove this pestilence out of the heart of the City of San Francisco. They have come out before the people and saj to the workingmen and to the citizens of the State of California, "Wait until the Convention adjourns." I don't know when that will be, but they will have patience I hope. That is what we say to them. We will get a clause into that Constitution to prevent them from landing here. Now here is our Attorney-General of the State. He says to me, " I would like to get an opportunity of test- ing this Chinese question." He says, ** I know it is a State right, and we can prevent Chinamen from landing here." That is the language of the Attorney-General of this State. I hope that we will give him the right to test this question. Now, Mr. Chairman, I am not going to detain you but a few moments. I only want to refer to the record. Maybe you are all familiar with it. According to the Custom House report, from eighteen hundred and sixty-eight to eighteen hundred and seventy-six— eight years — we have drawn From that country over one hundred thousand Chinese. Over one hundred thousand of these Chinese have come to this coast for the last eight years. Now, think or that ! They have taken from this State two hundred and forty million dollars. Do you wonder at the cry of hard times in the State of California? Take one hundred and fifty thousand of these Chinese in this State, getting wages from a dollar to a dollar and a half a day, and out of the dollar they send seven bits to China. Over ninety thousand dollars leaves the State every day and goes to China, never to return. They do not pay taxes sufficient to pay for the criminals that are in the State Prison. They pay nine thonsand dollars taxes altogether. Out of some six hundred in the State Prison they have two hundred and ten.* They took from this country twenty- five million dollars in two years— eighteen hundred and seventy-one and eighteen hundred and seventy-two. They took twenty -one million dollars three years out of this State, never to return. Then you talk about hard times. I am going to warn these capitalists. Wait until you see — their own little children will be running to their fathers cry- ing for bread. The white man cannot get work, cannot get labor to earn the bread for his little children. I tell you it is not in the nature of a white man to stand up and see his little children starve to death. Here is the gentleman from Sonoma. What did he say? Why, he says one Chinaman is worth a dozen tramps. Who make them tramps? It is the likes of him, who employs Chinamen in preference to the white man. It is the likes of him that are spreading this disease of leprosy throughout the country — employing these Chinamen, letting them go all around, and spreading this disease. Another article, and then I will close. Mr. Chairman, I will read from the report to the California State Senate of its Special Committee on Chinese immigration: " The committee addressed circular letters to each County Assessor in the State, and from returns received, the assessed value of all property, real and personal, assessed to Chinese in this State, does not exceed one million five hundred thousand dollars. The rate of State taxes is sixty- four cents on each one hundred .dollars in value, and if the whole tax was paid, the revenue derived by the State from the property tax laid upon property held by Chinese would not exceed nine thousand six hundred aollars. " The assessed value of all the property in the State is, in round num- bers, six hundred million dollars. " The total population of the State is about seven hundred and fifty thousand, ana the Chinese population is more than one sixth of the whole. ** The Chinese- population, amounting to at least one sixth of the whole population, pays less than one four hundredth part of the revenue required to supply the State Government." Now, think of that, Mr. Chairman and my fellow colleagues ! We have on this coast over one hundred and fifty thousand of these Chinese, and we have over four hundred million of them nearer to us than New York. You say they cannot get ships here to*run us out. In less than six months they could overrun this country. This report says again : ''The real cost of the State of keeping one hundred and ninety-eight Chinese prisoners in the State Prison is not less than twenty-one thou- sand six hundred dollars per annum, a sum twelve thousand dollars in excess of the whole amount of the property iax collected from the Chinese population of the State." They ao not pay one cent tax to the support of their criminals. The number of criminals is five hundred and forty-five in the State Prison. Out of that number two hundred and ninety'-eight are Chinese. Now, just think of that, Mr. Chairman! And they tell me that we cannot prevent their landing here. With all we have before us, I cannot believe that out of the one hundred and fifty wise men of the State of California but what they can get an organic law to prevent them from landing here, or get rid of those lepers that are here. Five hundred and fifty -four are in prison in the State Prison, and two hundred and ninety-five are Chinese! Now, I say that the majority of those that come to this country are criminals of the blackest dye. I say, Mr. Chairman and my fellow delegates, we ought to give our children the same right to live as our parents gave us. We can only do that by banishing from their presence the contaminating inflfieuoe of the coolie. In regard to the females, you know as well as I do what they are. [Laughter.] According to the testimony of the committee, the report of the special committee, m eighteen hundred and seventy-six, they say that they are all prostitutes of the vilest kind. I thank you kindly for your attention, and I assure you I would not have detained you one moment longer than I thought was necessary. I am satisfied that we do not understand the evil of the Chinese element that are in the State of California. I know it. No man believes any such a place as Chinatown ever existed in the world without he has been there. Why, we have had Health Officers in San Francisco for eight vears to come out and acknowledge that they never were within two blocks of Chinatown. They themselves said that they were not, and never had been within two blocks of Chinatown, and were the Health Oflicers of that city. That was his evidence before the Commissioners, and that was Dr. Schorb. He said that he had been Health Officer for ten years, and had never been within two blocks of the center of China- town. There were nine of them, and the first house we came in con- tact with we saw three lepers. The next house, in Bdll Run Alley, we found fifteen. One of^ them, when he was removed from his cot, part of his limbs fell apart. Now that is a fact, Mr. Chairman! [Laughter.] You may laugh, but I tell you it is a fact. When they seen that portion of Chinatown, and seen these lepers, they only went in a few houses,'they said they had seen enough, but they say, "What can we do? We have got no authority." Now, I ask you, in the name of humanity, to give them the authority to remove these people. I went round with a petition, to get the names of the most respectable citizens of San Francisco. They did not wait; they signed their names, and their partners' names. They insisted that their partners' names should be placed there on that petition, which was to isolate the Chinese, or colonize them outside of the City of San Francisco; to remove them out of the city. I called on over five hundred of the merchants, and every man placed his name to that petition, for the purpose of colonizing them outsiae of the city. There you see that the oest citizens of San Fran- cisco have prayed, in the name of humanity, for you, my fellow col- leagues, to do something to remove this curse from the land. Every • Dec. 11, 1878. OF THE CONSTITUTIONAL CONVENTION. 671 merchant of the five hundred thai I went to put his name to that peti- tion to colonize them outside of the city. There is a good many mem- bers here that know this to be a facL I carried that petition before the Board of Supervisors. I went to them with a decision from the Empire State of the Union, a decision of the Supreme Court of the State of iHew York, declaring that a house in a filthy and crowded condition was a nuisance which could be abated by having the house torn down. I Asked the citizens, and urged them to keep the peace, and wait for awhile and see if tliey cannot get some redress from the city oflScers. You all know that in that case, where there was forty people crowded into a house forty by seventy, divided into small departments, and in a filthy conJition, the citizens tore the house down and chopped it into pieces. The owner of the property went to the Supreme Court, and the result was that the Supreme Court decided that the citizens had a right to destroy that house. It is known to every man in the City of San Fran- cisco that they have a right to put the torch to that Chinatown j to tear every house to the ground and chop it to pieces. But they wait with piitienee. They demand of you to give them redress; to stop this dis- ease spreading throughout the land. Anu now, my fellow colleagues, we have the Attorney-General of this State right here present, and I want to repeat what I uid say when he was not here present. He said that he wanted an opportunity to test this question, and I tell you he is able to do it. And why not give him an opportunity? Why not compel the Attorney-General to test this ?uestion, and save the streets of San Francisco running red with blood? know it will, because there has been a conflict, and, my fellow dele- gates, they will allow no vessel to land inside of that harbor. And I tell you that the military of this State is in the entire control of that class of men that will, if you do not delegate this State the power to check it, rise in a mass and check it themselves. They say it must be done, because self-preservation is the first law of nature. You see the eity crowded with men walking around the streeta, praying to get a chance to work and save their children from starving. And these men who employ Chinamen they say, ** We don't want you, we can get a Chinaman for fifty cents a day.'' Do you suppose that these men, that have made this country what it is, are going to stand up and see their little children starve to death? No! For me, if I was a working man and oould not get employment to earn food for my children, before I would see them starve I would take the first one of these capitalists I met by the throat and tell him to give me money to save my children from starving. If you don't give the work to the white class of people, how can they rear their little children or prevent them from starving? Why, I sat here in this hall, where I suppose the greatest body of intel- lect that was ever in a hall before in the world, is assembled, and I heard one of these n^en say — what? He says that these men will not work; that they are tramps. Who made them tramps? How were they made tramps? It has been re})eated here that while they were making a fight for their country and for their flag Mb. DUDLEY, of Solano. Mr. Chairman : I rise to a point of order. The gentleman has rehearsed almost this identical speecn, and I think one rehearsal is sufficient. He is out of order in rcf>eating. Mb. O'DONNELL. That speech will do to repeat ever^ hour of the day to sensible men. I am surprised to see the Chinese Six Companies ipeaking through so many mouthpieces on this floor. After consulting several eminent lawyers I prepared a minority report on the Chinese. I approve of a good many sections of the majority report, but I want to get a clause of this kind in the Constitution : "Xo alien of Asiatic descent shall ever be eligible to American citi- zenship, nor carry on any trade or occupation in tne State of California, nor shall they be employed on any public work within this State." I also wish to add this to section one. Thank you kindly for your attention. RRSOLUTION. Mb. MURPHY sent up the following preamble and resolution. Thz SECRETARY read : Vkbecas, L«promr la a very dangerona and fatal disease, and is both infectious tod eootagioQt; and, whereas, I>r. 0*Donnell has publicly aateried that he does not know but what he btDuielf, on account of his iiitiniate profesfional connection with the leperi of Chinatown In San Franciaco, is afflicted with ihe dlaeaae ; therefore, belt AeMrfved, That in order to preserve the health and save the lives of the nuroerons itateamen, future Governors and Congreasmen, compriaing thia Convention, the said Br.O'Oonnell be quarantined and isolated, and that a portion of the gallery be set apart for hia use and benefit. FLaughter.] Mb. INMAN. I move it be adopted. Mb. STUART. I offer this substitute The CH airmail. The resolution is out of order. Mb. STUART. I wish to offer this as a substitute. The chairman. The Resolution is out of order. BBMARKS OP MB. SHUBTLKFF. Mb. SHURTLEFF. Mr. Chairman : What Dr. O'Donnell has said about leprosy being a fearful disease is true, but I see that he has caused a great deal of alarm in this body. The gentleman from Mari- r)9a has left, and a great many other gentlemen have left, through fear, wish to say that according to high medical authorities in the United States, and Great Britain, and in Continental Europe, leprosy is not considered a contagious or infectious disease. It is considered a heredi- tary disease, transmitted from parent to child, as scrofula is transmitted, sometimes slipping a generation, and then attacking a second or third generation. I make this explanation to ouiet the fears of members of this body, for I begin to think that even uie delegation from San Fran- cisco would hardlv dare to retqrn to their homes; and also to come to the rescue of the delegate, that he may not be expelled from this body. BKMABKS OF MB. BLACKMBB. Mb. BLACKMER. Mr. Chairman: I did not intend to take any part in this debate, and have not now prepared myself to do so except with a few authorities, hastily collected. I am not goiug to read all these books, so I hope the gentlemen will not take their leave. I am not going to discuss the question of leprosy either, nor the question of the bad influence of the population that is under discussion here upon the people of this State. It seems to me to be time wasted to attempt to prove anything that is so well understood. Hardlv an individual in this Convention would argue or believes but what the statements upon this question as they have been proven to this Convention, are in the main true. The ouestion for us to determine is, what can be done about it? and that is all the question there is in it. It is for us to determine how far it is advisable to go, and how far our powers extend in that direction. Now, sir, I think it a good plan occasionally in this body to return to the landmarks that are to guide us; and I wish to read again, as it has been read here before, a part of section one, of article six, of tlie Constitution of the United States, for I think it has an immedi- ate bearing upon this question : ''This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the Judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary not- withstanding." Now, sir, if there is a Constitution of the United States in force, if there is a treaty made in pursuance of the provisions of the Constitu- tion in force, it is binding upon the people of the State of California, and we cannot do anything to break it. We can only have our action to agree with the provisions of that treaty. We must take this position. Anything; outside of that is treason ; and we are not here for that pur- pose. Now, sir, let us see for a moment two provisions here in that treaty in regard to the provisions of which we are discussing at the pres- ent time. In a section preceding the one which has been read here^ it touches upon that same question, and it says: .''The United States of America and the Emperor of China cordially recognize the inherent and inalienable right of man to change bis home and allegiance, and also the mutual advantage of the free immigration and emij^ation of their citizens and subjects, respectivelv, from the one country to the other, for the purposes of curiosity, oi trade, or as perma- nent residents." Now, following that comes the provision that subjects of the Govern- ment of China who come to this State, or this country, shall have the privileges and immunities that are enjoyed by the citizens or subjects of the most favored nations These are the plain provisions of the treaty, and a treaty that we cannot abrogate. Now, it is maintained here, that under the provisions of the Constitution and the rulings of the Supreme Court, we can prevent the people of that country from coming into the State. It occurs to me, sir, that that provision of the Constitution of the United States which says that " the Judges in every State shall be bound thereby," settles that question. A treaty must hold until it is proved unconstitutional. It was that very thing that called the Convention to bring forth the present Constitution of tbe^ United States — the idea that the States had a right to govern their own commerce. I refer, gentle- men, to the 9th of wheaton's Reports, page 224. I merely cite this for the purpose of getting at the facts. It says : " For a century the States had submitted, with murmers, to the com- mercial restrictions imposed by the parent State; and now, finding themselves in the unlimited possession of those powers over their own commerce which they had so long been deprived of and earnestly cov- eted, that selfish principle which, well controlled, is so salutary, and which, unrestrictea, is so unjust and tyranical, guided by inexperience and jealousy, began to show itself in iniquitous laws and impolitic measures, from which grew up a conflict of commercial regulations, destructive to the harmony of the States, and fatal to their Qommercial interests abroad. " This was the immediate cause that led to the forming of a Conven- tion. "As early as seventeen hundred and seventy-eight the subject had been pressed upon the attention of Congress by a memorial Irom the State of New Jersey ; and in seventeen hundred and eighth-one we find a resolution presented^ that body, by one of the most enlightened men of his day, affirming that ' it is indispensably necessary that the United States, in Congress assembled, should be vested with a right of superin- tending the commercial regulations of every State, that none may take place that shall be partial or contrary to the common interests.' The resolution of Virginia^ appointing her Commissioners to meet Commis- sioners from other States, expresses their purpose to be, 'to take into consideration the trade of the United States, to consider how far a uni- form system in their commerc^l regulations may be necessary to their common interests and their permanent harmony.' And Mr. Madison's resolution, which led to that measure, is introduced by a preamble entirely explicit to this point: 'Whereas, The relative situation of the United States has been found, on trial, to require uniformity in their commercial regulations, as the only effectual policy for obtaining, in the ports of foreign nations, a stipulation of privileges reciprocal to those enjoyed by the subjects of such nations in the ports of the United States, for preventing animosities, which cannot fail to arise amon^ the several Slates from the interference of partial and separate regulations, etc; therefore, resolved,* etc" There was the necessity, and there was one of the things that brought about the Convention to frame a Constitution. Now, one word in regard to the case that was cited by the gentleman from Ix>s Angeles, Mr. Ay era. The case was that of Houston vs. Moore, in 6th Wheaton, page 4H. It seems to me that the conclusion drawn from this case is not warranted by the case itself. It seems to me a fair 9 9 672 DEBATES AND PROCEEDINGS Wednesday, construction to put upon the opinion delivered in the case, to take the whole opinion in connection with the fact that is passed upon. Now, the case was cited here to prove that we had a ri^ht to exclude these people from coming into the State, and that the jurisdiction of the State would extend to them. The case was one, as stated in the opinion, where there may be, perhaps, concurrent jurisdiction in the case. The State of Pennsylvania had passed a law that any person, an officer or private in the militia, who should refuse to come out and serve on a requisition from the President of the United States, should be subject to certain penalties. The case was carried up on the point that the statute of Pennsylvania providing penalties in such cases was unconstitutional; and the case was decided that the statute of Pennsylvania was constitu- tional. And in the decision. Justice Story (I read from page 48 of the fifth volume of Wheaton's Reports — the case of Houston vs. Moore) says : ^'The Constitution containing a grant of powers in many instances simi- lar to those already existing in the State Governments, and some of these being of vital importance also to State authority and State legislation ** — it was essential that the State be authorized to bring out the militia, and also that they should affix penalties in case they refused to come out; so that, in this case, both the authorities had the right to call out the militia, the State for its own defense, and, upon the requisition of the President of the United States, for the defense of the whole country — " it is not to be admitted that a mere grant of such powers in affirmative terms to Congress does, per se, transfer an exclusive sovereignty on such subjects to the latter. On the contrary, a reasonable interpretation of that instrument necessarily leads to the conclusion that the powers so granted are never exclusive of similar powers existing in the States, unless where the Constitution has expressly in terms given an exclusive power to Congress." Now, that is the case here. The Constitution has, by the declaration that "all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land,'' said that the authority rests entirely with Congress in a case of this kind. I think that Question cannot be decided upon any other ground. We must be bound in our action in this Convention by the Constitution of the United States, and by the treaties that have been made under it. Now, this is the question: "How far can we go under these provisions?" This report, if we take it as a whole, will carry us, in my iudgment, far beyond that. We shall be authorised under the Constituti^ of the United States to exert the police power of this State to control these peo- ple when their presence here is inimical to the good and welfare of the State. We have the right to exert that police power. When we have done that, we must rest the case with the authorities of the United States. They must be made to see the great trouble that is brought upon this country, and directly upon this State, bv this large immigration of this population. Now, it will be our first duty to so present this case, in a calm, dignified, clear, and unmistakable manner to the powers in Congress that they may have the voice of this Convention speaking to them in all sober earnestness, putting the case as strong as it is possible, and at the same time with sucn dignity that it will have weight. When we have done that, it will be our duty to turn our attention to see what can be done within the State upon this question. This first section, it is said, does not mean anything. To my mind, it means a good deal. It savs: « The Legislature shall have and shall exercise the power to enact all needful laws, and prescribe necessary regulations for the protection of the State, and the counties, cities, and towns thereof, from the burdens and evils arising from the presence of aliens, who are or who may become vagrants, paupers, mendicants, criminals, or invalids afflicted with contagious or infectious diseases, and aliens otherwise dangerous or detrimental to the well-being or peace of the State, and to impose con- ditions upon which such persons may reside in the State, and to provide the meaiis and mode of their removal from the State upon failure or refusal to comply with such conditions,* provided, that nothing contained in the foregoing shall be construed to impair or limit the power of the Legistature to pass such other police laws or regulations as it may deem necessary." It may be said that we have that power, but this is a reaffirmation of this power in this Constitution which we are to present. The second section provides : " Any corporation incorporated by or under the laws of this State, or doing business in this State, shall forfeit its franchises, and all legal riffhto thereunder, if it ever employs, in any capacity whatever, foreigners who are not eligible to become citizens of the United States under the laws of Congress. This section shall be enforced by appropriate legisla- tion." It is not so clear to my mind that we have authority to say that any corporation shall not be allowed to employ whoever it sees fit. It is a question in my mind, first with the- corporations, and second with the treaty. The inhabitant of that cofKitry — ^and we must look this matter souare in the face — are guaranteed by the treaty the same privi- leges ana immunities as the citizens or subjects of the most favored nations. Article VI of the treaty says : ** Citizens of the United States visiting or residing in China shall enioy the same privileges, immunities, or exemptions, in respect to travel or residence, as may there be enjoyed by the citizens or subjects of the most favored nation ; and, reciprocally, Chinese subjects visiting or residing in the United States shall enjoy the same privileges, immuni- ties, and exemptions in respect to travel and residence as may here be enjoyed by the citizens or subjects of the most favored nation." That is the treaty ; that is the }iaramount and supreme law of the land so long as it stands. Now, then, if we go to that country it is our privilege, in common with those who go there from other nations, to employ ourselves as best we may for our own interests, and if we are debarred the privilege of labor, or engaging in any kind of busing, we are not upon the same basis with the citizens or subjects of the most favored nation; and it is the same with the Chinese. If they are allowed to come into the port and spread themselves over the State ; if they are by the treaty to stand upon the same platform as do those who come from the most favored nations, we cannot debar them from the privilege of either labor or business without breaking that treaty in some point. The third section is : "No alien ineligible to become a citizen of the United States shall ever be employed on any State, county, municipal, or other public work in this State after the adoption of this Constitution." I think we have that right. We have a right to say that they shall not be employed on any public works, either by the State, by the cities, or by the counties, because that work is under public control. I am in favor of that. Section four I believe goes beyond our authority. It provides that '' all further immigration to this State of Chinese, and all other persons ineli- gible to become citizens of the United States under the naturalization laws thereof, is hereby prohibited. The Legislature shall provide for the enforcement of this section by appropriate legislation." I do not believe we have that authority. I believe that if we should take that step we should go outside of our duty ; and I do not propose to lend my vote, or my voice, or my influence, to take this Convention one step beyond its constitutional bounds. We are pledged by the oath we took at the opening of the Convention to support the Constitution of the United States and the Constitution of the State of California. We are not here to put in some kind of legislation that will be adapted to a modification of that treaty. That is not the purpose, and it is not necessary. Gentle- men argue that we should nut them in so that if the treaty is modified we will have a provision in tue Constitution that will allow us todo some- thing. A treaty made by the Government of the United States does not need the State Constitution to carry it out. Whenever that treaty is modifieti, a modification of the treaty works itself out by the force of the constitutional powers that have made it, and we do not need a provision in our State Constitution to do it. The fifth and sixth sections I am entirely opposed to. I need only to read them to show why : " Sec. 5. No person who is not eligible to become a citizen of the United States shall be permitted to settle in this State after the adoption of this Constitution. "Sic. t. Foreigners ineligible to become citizens of the United States shall not have the right to sue or be sued in any of the Courts of this State, and any lawyer appearing for or against them, or any of them, in a civil proceeding, shall forfeit his license to practice law. No each foreigner shall be granted license to carry on any business, trade, or occupation in this State, nor shall such license be granted to any person or corporation employing them. No such foreigner shall have the right to catch fish in any of the waters under the jurisdiction of the State; nor to purchase, own, or lease real property in this State; and all con- tracts of conveyance or lease of real estate to any such foreigner shall be void." The seventh section has been by some included in their scheme, and by others entirely reiected. It seems to me that the first part of that section might as well be adopted. It is giving an official expression of the opinion of the people of this State to say that " the presence of foreigners ineligible to become citizens of the United States, is declared hereby to be dangerous to the well-being of the State, and the Legisla- ture shall discourage their immigration by all the means within its power." I would have it, read, "by all suitable means within its power." Whenever that has been done, all has been done that we ought to do; all that we have a right to do. I do not propose to favor setting up the government of the State of California in opposition to the gov- ernment of the United States. I do not propose to entertain or advo- cate, or assist anything that looks toward the doctrine of State's rights. I do not believe that we are ready to look a question like that in the face and welcome it. We have done enough in this country in that direction. We are to stand here and see to it, that whatever we do, we keep within the bounds of constitutional law ; that we recognize our allegiance, politically, first of all, to the Federal Constitution, and next, to the Constitution of the State of our adoption. But when we have done tliat; when we have framed — as I think we shall — such a declar- ation as will be within the Constitution ; that will give expression to our indignation at the result of this treaty, and to our hope that we may, by reason of the influence of this Convention, have some efi(*ct upon the powers at Washington. When we have done this, and have finished the other work that we were sent here to do, we will have per- formed our duty. , RRVASKS OF MB. O'SULLIVAN. Mb. O'SULLIVAN. Mr. Chairman : I have a substitute to offer. Thb secretary read: " Coolieism, serfdom, peonage, or slavery of an^ description, shall never be tolerated in this State. Chinese brought into this State, who are bound by contracts to labor for corporations, or other parties importing them, or who enter into such contracta here, are hereby declared to come under the designation of coolies, serfa, or peons, and their importa- tion is prohibited, as similar in all respects to the importation of African slaves. All contracts made by such coolies, serfs, or peons, or which they may make, to perform service under bond for a specified time, are declared void; and such contracts shall be regarded as a penal offense, both on the part of the importer or contractor and the coolie, serf, or peon so imported, and shall be punishable with the full force of the law." Mb. O'SULLIVAN. Mr. Chairman : I rise, sir, not to attempt making a speech, which would be superfluous, after the able arguments presented by gentlemen here, but simply to say a few words on this Chinese ques- tion, which I regard as in every way the most important <)uestion before this body. Since the first anti-cool le agitation occurred in this State I have with voice and pen earnestly opposed the immigration of the Dec. 11, 1878. OF THE CONSTITUTIONAL CONVENTION. 673 Chinese, seeing, perhaps, clearer than others, tlie dangers ahead which threatened in the future. In eighteen hundred and iiity-two, when the agitation commenced, and when the cloud of Chinese invasion was no bigger than a man's hand, I believe its course could have been checked, if not entirely stopped, if the people, the public men of the State, had gone sincerely to work to do so. Mr. Chairman, I regret to say that the people neglected their duty, and the politicians did not act, because the people did not compel them to fulfill their duties. In eighteen hundred atid fiffy-two the cloud of the coming Chinese curse was no larger than a man's hand. Kow it forms a black pall overshadowing the whole of California, and threatening untold dangers in the near future. Mr. Chairman, my business has led me for some years past to reside in many different quarters of the State, from Mendocino in the north- west and Sierra in the northeast, to Ventura and Los Angeles in the south, and I assure you that the public sentiment of the State is all but unanimous as to preventing the future immigration of the Chinese. Now, Mr. Chairman, as to the legal aspect of the case I pretend to have little or no knowledge. The eminent legal gentlemen in this Convention ought certainly to be able to devise some means of preventing the increas- ing evil of this obnoxious immigration. I tell you, Mr. Chairman, and gentlemen of the Convention, the people of the State demand earnest action at our hands on this question. As sure as God rules this world, revolution will come, and come shortly — sooner than we may now think — if the Chinese invasion is not stopped by the power of law. An irrepressible conflict between Chinese civilization ana white civilization is 1^ our doors. I fear it will only be settled by blood-letting. It will certainly be settled in no other way, if we sit here supinely and take no action, such as the people demand. I do not believe that because of the infernal ^ntralization of power which is at work at Washington, that we cannot do anything. The people will take the matter into their own hands. Section four I will support. It goes to the point. It says that "all further immigration to this State of Chinese^ and all other persons ineli- gible to become citizens of the United States under the naturalization laws thereof, is hereby prohibited. The Legislature shall provide for the enforcement of this section by appropriate legislation." Self-preser- vation demands this action. Hungry men know no law. Hungry men who will not see their wives and childi-en starving, will eventually break down the barriers of law, overturn everything that stands in the way, and cause indiscriminate ruin. Let us not invite this disaster. The amendment I offer I think is perfectly constitutional. If the Gov- ernment of the United States has the power to prohibit the importation of African slaves, we have a sovereign right to prohibit the importation of Chinese serfs, as they are no more than slaves. SPBKCH OF MR. 8HAPTBE. Ur. SHAFTER. Mr. Chairman: I did not intend to address the Convention upon the questions involved in this report, but I yield to the request of the Chairman of the committee and otners to give expression to my dissent to the intent, the language, and if there is any difference in the expression, to the recommendation of this report. For one I am disposed to listen to the voice of complaint and of entreaty ; to hear the men who complain, respectfully and patiently, even when I believe their wrongs have not been endured, if I can only flee sincerity in the complaint. It is difficult to entertain with respect statements of wrongs in which truth and error are recklessly or even ignorantly intermingled ; but it is utterly exhaustive of all patience when one must see that the truth is quite disregarded, and that com- plaint is utterly unfounded. . Those who especially represent the workingmen here, I have no doubt, state their case truthfully, for truth is what the law of their nature compels them to believe. Not adopting all their opinions, I believe i myself that the public opinion upon this subject is correct. I am there- fore disposed to listen with great patience to expressions which violate propriety, which go beyond the occasion, and by senseless virulence aarken counsel by words without knowledge, although they demand not respectful consideration, but only reproof and condemnation. I have not had the opportunity of listening to the arguments here, excepting U» those of the gentleman from Los Angeles, and those of others this morning. I have read the speech of the Chairman of the committee who presented this report. Judging, gentlemen, by '^hat they say, giving their language its ordinary and necessary interpretation, it iuLs come down simpiv to this : if a large body in this Convention, and apparently a majoritv of it, correctly represent the people, these crude, ^ unreasonable, and absurd claims must be allowed, and be by us car- ried, not into effect, but into this Constitution. An open revolution agains alt government is to be the effect. To give force to the argument we ve distinctly told by one gentleman, and the idea is reiterated by others, that if this Convention does not yield obedience to these demands the streets will run with blood. Mr. O'SULLIYAN. I rise to a point of order. I never said that there was any understanding to have a revolution, or anything of the kind. ^ Mr. SHAFTER. I quote the language. One gentleman from San Francisco said that "the streets would run with blcxxi,'' and the gentle- man himself said that he believed it would ** only be settled by blood- letting." Blood- running in the streets upon such a question and for the reason here avowed, is but revolt against the law, which assumes the proportion of levying war against the government, which is treason within the definition of the Constitution. I am not disposed to treat such ebullitions with any verv great serious- ness. Whether they are indulged in for the purpose or satisfying the particular constituency these gentlemen represent, or whether they are the result simply of febrile excitement, or are merely to be attributed to R desire for oratorical display, they equally invite commiseration and oblivion. 85 While I will exercise the forbearance to uttar no thrcat^t in return, I may permit mvself to say that when constitutional law has no longer any force in this State and country, when ignorance and violence shall undertake to rule us, it will become necessary to possess our souls in patience to enI,,wa Ai,..>.ir 1^,. and friends, I individual rights, t ! into the powers of ujuriously atfecl r plenitude ment from which jay that the right ^t himself by pre- vision, by the aid of his servanls ,■'■■■'■- which is supposed to be "instituted an ing to the Stato as the embodiment protection. The right or dutr of Im government as lo conduct of its citi was expressly denied by us in our lato contest. British subjects, in violation of the law of nations, Gtted out vessels for the Confederates. Our government, making claims for payment of damages, the British Gov«rnment raised the question of respunsibility. from the fact that by the alleged condition of their law the building and departure of these cruisers could rot have been prevented. Our reply was, that was a matter with which we had no concern. If British law was inadequate to prevent British subjects committing act« ill violation of the law of nations, that Great Britain was directly responsible Co us for an act of which its neglect was the cause. It might ns well be claimed by the ship builders on the Clyde that this govern- ment should enter iAto treaty stipulations with them, as for the State of California to make the pretensions of this report. Nor is it at alt prob- able that Great Bfltain will attemjit to deal with California, Vii^nia, or A circumstance illustrative of the course of business as to treaties, fell within my own experience, I believe I drew, as Secretary of State of Vermont, the first extradition papers on the American aide under the Webstor- Ash burton treaty. Some criminals had escaped from Vermont to Canada, a requisition from the Qovemment of Vermont upon the (iovernor-General of (^nada was complied with, and the criminals returned. The next requisition of the same character was rejected, upon the ground that the United States alone possessed the power of requisi- tion, and the demand had to be procured from the Stale Department at Washington, In all things relating to the formatioa and execution of treaties, the National Governments, who are the parties to them, con alone be heard. That I he present treaty with China is in no sense extraordinary, and that it involves on the part of the United States no unusual exercise of power, la apparent upon its face. It is, however, asserted here, by my distin- guished friend from Los Angeles, that this treaty violatos the Constitu- tion of the United States, tiuch an assertion should be supported by the most direct demonstration. The language of the Constitution and of the treaty is before us, in what conaisU the conflict? Point it out. The features of the treaty complained of are essentially the same as thoee with other nations. Are all these treaties void? and has the Legislature and people of this nation, during their whole existence, been mistaken in the exercise of the treaty- making power? Those who make this assertion should at least point out the conflict they allege. The fact is, the Constitution says nothing at all about the extent of the treaty making power. It takes the torm " treaty " as one, the signifi- cance of which was thoroughly comprehended among msnkind. A fact in human government existing from the day of Lot and Abrahaiki to the present moment, and the comprehension of which term was as universal aa language itself. All the Constitution undertakes lo do is to place the power of making treaties in tbe President and Seuato. Tim I lower is designedly withdrawn from the people snd the States, and edged in those whose lofty office and inlelligence separate them, as far OS possible, from popular heatand the notions of th( ' That ■'■■ -' ---'---- that this power r admission of foreign peoples waj exclusively in the possession of the United Stales, was admitl«l by the '"■ ir Constitution wh' ' ' ■■" -- - - '-- --■- hundred and eigh is power there could be ;ht. Unless the National Government propriety or force in this provision. The United SlatesSuprei s the tribunal in whii lly decided. When State iribiinuls tniisl adopt and act upon such decision. This baa been oRea affirmed by that Court, and si results from the natuie of the su^ect. It ia said, in this report, that Chinamen should be foi real eslote, to fish in public waters, to carry on bue employed by any oornoration, ordo any work for the f this may be done without violating any provisions of 1 treaty. That treaty says ; " The United States of America and China, cordially recognising the inherent and inalienable change his home and allegiance, and also the mutual ai free immigration and emigration of their citisens and s Ively, from the one country to the other, for the purpose '— -'- -- as permanent residents." This is a general iciple ""il^lil^ hat the right homo anil all Declaration of Independ Under this principle I but for a subsequent exi With this exception, German. Chiliese lo immigrate inl allegiance, is as truly ■' inherent ai pursuit of happiness are declar but they w held in thi ffational G e tiei they, in I! sated to disi ;ir advent hero, considered iiguished social attentions. I by the highest officers of .to, I believe, as seven or e * our national festivi rerc created equal ; " ocessioiis, occupying a aistingulshed place, the mei Lgents undoubt^lv adniired our institutions, and t courtesy taught by Conlucius over two thousand years lo others what you would not have others do to you." only exhibited these courtesies to the Chinese, but extremelv useful. While the foreign miners' tax was ai upon all ibraigners.it was collected substontially from thi Hundreds of ihousanda of dollars so collected went to fe gancc, or to pay the debts of the mining counties, and of This exaction was held ulilmalely lo be iu vtolatloE obligations. Of a kindred character was the tax imposei nesc for the privilege of fishing, all of which. I believe the Collector upon oonstitutioual grounds. While agre tbe purpose to rid ourselves of this immigration, it seemi past violation of our treaty obligations should lead u .11., llv, Chi. enjoy the a nCI idence, as may there be enjoved by tl most favored nations; and reciprocallv, Chini residing in the United Statos, shall e J . ' ties, and exemptions, in re9|>eot to travel or residence, oi enjoved by the citiiens or subjects of the most favored n Niw, what are the reasons why Chinese cannot hol< CaliforniaT The reason assigned is, they cannot becom therefore the proposed provision confining the ri^hl to ) to such foreigners as are eligible to citizenship is a pr first thought waa that this could be justified, but I now,, Treaties must have a free general interpretatio: Btruction demands that all necessary ■ — ' ™pany the .princlmilrigl incidents shall fi ist have all ancillary rights Aa tbe Chim . , . OS to proi-erty necessary to make life desirable, owning a house in which to reside we can prevent his leai even a spot of ground upon which to pitch his tent. He i afte^eihaunllng his present means, become a burden upon able ; and when charity is exhausted, starve. This is t meant by these stipulations. The Chinese stai intry d n Chin megroun subjec-- of other nation do here. All other foreigners have the right'to buy hold real property, to work, and earn their bread by the sweat of r face. Why should not these men have, under this provision, the aame privileges as others, within the express terms of this treotyt It cannot lie otherwise than the right to reside carries with it the right to hou^e and home, and the right of labor to support them. In case of the a an act which 1 can clearly see is in violation of a treaty stipulation which we have entered. lave had repeated occasion to call attention to the fact that tbe dogma of Slates rights seems the controlling consideration with many —-■'emeu upon tliislloor. I do not wonder that those who were brought Dec. 11, 1878. OF THE GOlJStltUtlOlf AL CONVENTION. 676 ap with the idea that the States have paramount authority — that as to every governmental act which is to be exercised within their separate limits the State alone is to be ultimately obeyed — should support this report But I think it behooves those of different education sod opinion not to suffer the desire of securing a great good, to do the great wrong of attempting to nullify the paramount law. The attempt will only recoil upon ourselves, and disappoint and delay the fulfillment of our wishes. Cases have been cited here clearly establishing the law, declaring that this whole subject is a matter exclusively of national concern. These decisions have received for answer declamatory effusion, gar- bled citations from dissenting opinions, and the obtrusion of personal opinion here, from those whose claim to the character of jurists and statesmen has been acquired in the pursuit of mechanical employment, or peddling goods, or in digging holes in the earth — employments honorable in tnemselves, but having no connection with nor relation to judicial learning. Among all the cases cited here one important one seems to have been overlooked. It has always seemed to me that the decision to which I allude was of the highest consequence, and I have never heard of its having been overruled. I allude to that which was finslly rendered and put upon record at Appomattox Court House, in eighteen hundred and sixty-five, when Chief Justice Grant stood there, with all his Associate Justices, to decide this question of States rights, with' a hundred thousand executive officers around him. I think that decision ought to end this discussion. It pushes b^ the lawyer, the jury, the civil codes, and at once denying all other jurisdiction, settles all question by the law and the force of arms. The ultimate force of government, the inexorable will guided by the highest intelligence of the people, declared that the Constitution of the United States, and the treaties made in pursuance thereof, are the paramount law of this land from this time forth. The moral grandeur of this si)ectacle by far exceeds that of the ratification of the law by the twelve tribes on Ebal and Gerixim. No new code was created, but one was reiterated and declared, and from the doctrine of that enunciation there is no appeal. Tet, astonishing as it may seem, men are still found w^ho seem to nave slept for the last twenty years, to have become torpid, with the thought about half expressed, about the rights of our sovereign State upon their life, and after their long sleep awake to the same line of thought, aud to fhtish its incomplete expression. The gentleman from Los Angeles reads us the dissenting opinion of Judge Taney as to the doctrine of the so called Passenger cases. Not- withstanding that Judge's admitted ability, I am unable to see what force is to be attributed to his views, when they are directly in conflict with the prevailing opinion in those cases. Those cases decide dis- tinctly, as do the Calirornia cases, that laws affixing conditions to the immigration of foreigners to this country are regulations of commerce within the Constitution of the United States, and that by that instru- ment the power to create such regulations is conferred exclusively upon CoDCTess. There was a difference of opinion as to whether the States would have a right to regulate commerce between themselves and with foreign nations, in case Congress failed to exercise this power. The prevailing opinion held that in no case could a State exercise this power, but there was no diversity of opinion as to the paramount jurisdiction of Con- gress over this matter. As to this view. Judge Taney holds that the power is not concurrent, and that if it is lodged in the General Govern- ment the States do not and cannot possess it. The result is one of necessity, thftt whether a rule regulating immi- gration is established by Act of Congress or by treaty, the State is excluded from meddling with such immigration. Pressed with these considerations, their force is attempted to be diverted by alleging that when the Chinese arrive here they can be so dealt with by what is miscalled the police power as to make life intol- erable, if not impossible to them, and thereby effect their practical exclu- sion. It seems to be supposed that this class of persons — whose right of residence is assured by treaty, whose status is fixed upon the same basis as that of the most favored nations — are rightfully to be subjected, under psiice regulations, to exclusion from convenient residences; are to be prevented from earning their bread by prohibition of all employment, by exclusion from trades, from working the mines, from fishing m pub- lic waters, and, in short, from everything but the sacred right of starva- tion and death ; and after death he is further pursued by police regula- tions relative to sepulture and the custody ana removal oi his bones. Now, there is no doubt that when any person has arrived here — has become one of our people — that he is subject not only to police but to all other laws which concern his personal character and conduct. It is in the power of this State to confine and to extradite criminals, insane per- sons, paupers, and the diseased, in any way which the exigencies of the ease may require; but this cause must relate to and inhere in the indi- vidual as a distinct personal characteristic. I may further say, the existence of this cause ought to be judicially ascertained; at least, it ought to be declared by some authority as the result of personal exam- ination. When a Chinaman attempts to land from the ship which has brought him here, the proposal of tnis report is to compel his departure I from the State, not on tne ground that he is a criminal, a pauper, or any |: of that class of persons, but that he is a Chinaman, or rather that he is one ineligible to citizenship. The treaty does not recognize the right to become a citizen as determining the right of residence. Indeed, it expreaaly negatives it, by at once allowing residence and forbidding citizenship. Passing from the treaty, the power to regulate commerce with foreign nations rests with Congress alone. The only question which has ever been seriously made, is one to which I have already adverted, are pcr- fom within the scope of this provision? This question has been often decided, and it is a subject of congratu- lation that the decisions in this State follow those of the nation. In The People vs. Raymond, 34 Cal. R. '492, Crockett, J., gives the opinion : ''After a careful examination of the numerous cases which have been adjudicated touching these provisions of the Constitution, we consider the following propositions to be definitely settled on reason and author- ity : Ist. That tne term ' conuneroe,' as employed in that clause of section eight which is under discussion, is not to be construed as lim- ited to an exchange of commodities only; but includes as well ' inter- course ' between foreign nations, and between the several States ; and the term ' intercourse * includes the transportation of passengers. 2d. That whatever doubt may have existed as to the power of the several States to regulate commerce between their own citizens and foreign nations, as with the citizens of other States, in the absence of legislation upon that subject by the Congress of the United States, it has never been seriously questioned, that when Congress, in the exercise of its con- stitutional right, does legislate upon that particular subject, its authority is permanent and exclusive, and its enactments supersede all State leg- islation on that subject Any other rule than this would lead to per- petual conflicts between the State and Federal Government, and would prove to be utterly impracticable. 3d. Thai if the State has not the constitutional power, by means of direct legislation, to regulate the intercourse of its citizens with foreign nations and with the otner States, it cannot accomplish, by indirect methods, what it is forbidden to do directly. These propositions are sustained by the following authorities: Gibbons vs. Ogden, 9 Wheaton R. I ; Passenger cases, 7 Howard R. 283." The learned Judge proceeds to cite a large number of authorities; having done so, he examines them in detail, and states the resulf with such exhaustive precision and force as renders further comment unneces- sary. A later California case, that of Ah Fook, 45 Cal. R. 402, decides that the police power extends only to those who are personally objectionable, and must then only be exercised upon at least quasi -judicial examination. In the case of The State vs. The Steamship Constitution, 42 Cal. R. 578, the Court clearly state the ri^ht of the State to exclude diseased or dangerous persons, and distinguishes such legislation from that which "operates upon persons who at the time of landing are neither paupers, vagabonds, or criminals, or affected with any menUl or bodily infirmity, but on the contrary are perfectly sound in body and mind, and in every way fitted to earn a support. '* The Court further sums up by the declaration "that a statute which obstructs the entrance into this State of persons who are neither paupers, vagabonds, or criminals, or in anywise unsound or infirm of oody or mind, is not an exercise of the police power of the State, in any just sense of that term.'' Proceeding in the course of argument the Court submits to and adopts the decision of the Supreme Court of the United States, that ** whatever subjects of this power — to regulate commerce — are in their nature national, or admit or one system or plan of regula- tion, may justly be said to be of such a nature as to require exclusive legislation by Congress." The case then proceeds to hold that any law of this State, statutory or constitutional, which attempts to subject any class of immigrants to regulations to which they are not subjected elsewhere, and such as are not imposed upon such immigrants by any Act of Congress, is void. It doubtless is in the power of Congress to pass a law which shall dis- regard the Burlingame treaty. This ought, according to the comity of nations, only be done after all proper efforts have been made to modify or annul it, as to its objectionable features. If such efforts fail, then upon reasonable notice as to time, we shall have the moral as well as the lawful power to exempt the nation, States, and people from all observance of it. Of the necessity and justice of this act we are the sovereign judges. If China — not amenable to our tribunal or iudnnent — is dissatisfied, she will be at liberty to assert her claims under the treaty in any way she may select. This is the result which the law of nations and of nature alike allows. When there is no arbiter, no tribunal to which both parties may be compelled to appeal, the arbitrament of force alone remains. It is the first remedy which Blackstone indicates the right of the injured party to defend and redress himself. This right pertains to nations as to indi- viduals. When such contest ensues, whatever may be said about the justice or expediency of the contest, the subordinate States and the whole people are equally justified under the act of their general gov- eniment. As the General Government is bound to protect its citizens in all contests in which it engages him, it must have corresponding power over and dunes to discharge as to all subjects of controversy, and to take such course as to them as it shall be advised. When piratical vessels were fitted out in the Clyde to destroy our commerce, as already stated, we held. Great Britain responsible for the damages. When McLeoud, in the' time of the Canadian troubles, burnt the steamer Car- oline in Schlosser, a port of New York, he was committed and sentenced in a New York Court, and was redeemed from death only by the act of our General Government. Great Britain claimed that his act was in obedience to the command of his superior oflBcer, and admitting it was an act of war, made reparation, apology, and satisfaction for the offense. Suppose that we proceed to violate the treaty with China, and that Empire demands redress, it the General Government, as to its own treaty, going to turn China over to California for reparation? We are apt to speak of China with profound contempt, but it may be worth while to reflect a moment upon the power of the Empire of over four hundred millions of subjects, and or the inconvenience which might result if those hordes were precipitated upon us. Logically, our govern- ment should leave us to settle tnis contest arising from our act, to our- selves alone. Thus far I have endeavored to show that, first, we have no power over the subject-matter of this report; second, that if we had, it is unwise at this time to exercise it I have now to call attention to 676 DEBATES AND PROCEEDINGS Thursday, the extn^rdinarj acumen displayed in the particular language and intention of the provisions recommended. I am here reminded of a saying of De Tooqueville forty years ago, that ** in America the highest abilities are excluded /rom all public employments, as fully as though there was a positive regulation to that > effect." This thought has been reiterated by many distinguished men. But could they examine this report on the Chinese, they would be so astonished at the profound statesmanship exhibited, the clear appreci- ation of the Constitution, its high spirit, the clearness of idea, tne full provision for all possible contin^ncies it displays, I am persuaded they would abandon their original opmion, and find here that breadth, that clearness, that profundity which would at once remove all fear and awaken a wondering q4miration. The first splurge is as follows: " The Legislature shall have and shall exercise the power to enact all needful laws, and prescribe necessarv regulations for the protection of the State, and the counties, cities, and towns thereof, from the burdens and evils arising from the presence of aliens, who are or who may become vagrants, paupers, mendicants, criminals, or invalids afflicted with contagious or infectious diseases, and aliens otherwise dangerous or detrimental to the well-being or peace of the State, and to impose con- ditions upon which such persons may reside in the State, and to provide the means and mode of their removal from the Stale upon failure or refusal to comply with such conditions; provided, that nothing contained in the foregoing shall be construed to impair or limit the power of the Legislature to pass such other police laws or regulations as it may deem necessary." He^ aliens of- the dangerous classes are subjected to needful regula- tions. Why should not the native bom scoundrels be subjected to like control? Not only those who are, but those "who may become" of that class are within the scope of this supervision. Who may not become a pauper, menaicant, or invalid afflicted with disease under this clause, and tnat, too, without his fault? Because all of us may become thus unfortunate, are we to be now treatc^d as worthy of action due to criminals in &ct? It is not declared that those likely to become sick and diseased shall be dealt with, but that the whole of Adam's race, as they are, shall be thus subject. Who are " aliens other- wise dangerous or detrimental to the well-being or peace of the State." Who is to determine this matter? How is it to be determined? A mere muiority of the Legislature can, under this provision, expel any body or cla^ of men disagreeable to them. I think the "presence" of democrats, or those likely to become such, is detrimental both to " the well-being and peace of the State," but it haa never occurred to me that their exclusion is an act justifiable for that reason. If this power of exclusion is to be conferred upon the Legislature, it should extend to the native bom as well as the alien. As the greater sinner, the native deserves the severer rule and punishment. Unfortu- nately crime seems to be safe with us, at least the graver crimes, but they are committed not onlv by aliens, but by naturalized, as well as native born citizens. I am for applying the same rule to all. We have many among us who may appropriately quote the poetry : True pAtriota we, For be it undenitood, We left our country For our country's good. Great as our inclinations may be to discriminate against these per- sons, we must recollect that they are not only here under the sanction of treaties, but they are here under the express protection of the Act of Congress, which secures to them every right of action and defense which belongs to the native bom. I have asked who are aliens "who may become " dangerous, and sec- tion seven attempts to answer the question : "Sko. 7. The presence of foreigners ineligible to become citizens of the United States is declared hereby to be dangerous to the well-being of the State, and the Legislature shall discourage their immigration by all the means within its power. It shall provide for their exclusion from residence or settlement in any portion of the State it may see fit, or from the State, and provide suitable methods, by their taxation or otherwise, for the expense of such exclusiqp. It shall prescribe suitable penalties for the punishment of persons convicted of introducing them within for- bidden limits. It shall delegate all necessary power to the incorporated citres and towns of this State for their removal without the limits of such cities and towns." Foreigners ineligible to become citizens are declared dangerous to the well-being of the State, and their exclusion is demanded. It is true that the dangerous classes may be excluded by some unknown process, but here a special class is directly opirated upon. The only question is, is he a Chinaman? for that nationality alone is excluded from citizenship. The treaty puta them on the ground of the most favored nations. It moreover declares that they may become residents. The Act of Congress, and the amendments to the United States Constitution, put them on exactly the same ground as any "other person," except as to naturalization ; yet it is attempted by this section to oppose and repeal every provision established by the nation for the protection of "all persons" alike within their jurisdiction. Language fails to properly characterize the folly and atrocity of this attempt. The ^ooa sense and grandeur of the attempt is further exemplified by section six. • " Sec. 6. Foreigners ineligible to become citizens of the United States shall not have the right to sue or be sued in any of the Courts of this State, and any lawyer appearing for or against them, or any of them, in a civil proceeding, shall forfeit his license to practice law. No such foreigner shall be granted license to carry on any business, trade, or occupation in this State, nor shall such license be granted to any person or corporation employing them. No such foreigner shall have the right to catch fish in any of the waters under the jurisdiction of the State; nor to purchase, own, or lease real property in this State; and all con- tracts of oonveyenoe or lease of real estate to any such foreigner shall be void." The strong objection to the above is, that it is incomplete. Foreigners who are eligible and do not become citizens ought to nave the " right" to be sued without, I will say, the liability or infliction of making a defense ; and they should be further prohibited ao known " vagrom men," from bringing any action whatever. An alien enemy, or insane person, or one not possessed of good moral character, or not well affected towards this eovemment, is as ineligible as the Chinaman. What grand pickines this provision will give to our profession. When this Constitution is adopted I propose to return to the practice of at least constitutional law, and see if I cannot sequester some few millions belonging to these unfortunate souls that the new Constitution proposes to turn over to robbery and spoliation. But the section is as eminent for its consistency as it is for ita sense. This foreigner cannot be sued. The independent American citizen can- not make the Chinamen pay his bills, nor for his transportation, except by direct force. I beg to suggest, we must get rid of the provision that no man can be deprived of his property "except by due process of law," for here is a case where the law cannot even oe invoked. The ardor of our profession is not only checked, but it is stayed in the very presence of the swag, by the provision that " any lawyer appearing for or against them, or any of tnem," is immediately debarred. At first sight I thought this was an open attack of the workingmen upon lawyers; that debarring lawyers from this class of litigation they intended to constitute themselves (being as far removed as possible from that description of persons) the peculiar euardians of these unfortunate peo- ple. The provision, however, that the Chinamen can neither sue or be sued disposes of this idea. No, he is in a civilized community, coming here upon our invitation, to bear caput lupinum. upon which any one may knock who will. It is difficult to see the sense of the further restriction of this section. The right to reside, to fish, to work, to lease or buy lands, is of no moment, when the law has denied all redress to those in whom these rights are violated. " Skc. 8. Public officers within this State arvforbidden to employ Chi- nese in any capacitv whatever. Violation of this provision shall be ground for removal from office ; and no person shall be eligible to any office in this State who, at the time of election and for three months before, employed Chinese." This section, while in form it is a prohibition to the officers of the State, and declares a penalty to those not officers, but d^rous of becom- ing such, is in text and effect directed to and is equivalent to* debarring Chinese from employment. It has already been seen that this cannot be done. This seems to me to be a very small business. I have had in my employment natives of most European countries, of the isles of the sea, including the Cannibal Islands of the South Pacific. Why do you not exclude the Kanaka, the Fiji, the Malay, or the criminal from Australia. No reason against the Chinaman but presses with greater force against these people. Some persons like them in considerable numbers are necessary in Cali- fornia. Cooks, domestics in country houses, in lumbering or ranchM, in mining or other camps, cannot be obtained among women, who for moral and physical reasons cannot safely and properly be called upon for such service. The descent into this trifling, this interference in the minute details of domestic life, which this provision involves, is ridiculous. There are low, menial services, for which this«people are from their indifference well fitted. I am asked if Americans can hold real estate in China? I am not informed upon that point. I believe the English are so allowed, and if so, under the treaty, we ought to stand on the same ground. Certainly most foreign nations, and perhaps all, have that privilege with us. Upon arriving in California, in eighteen hundred and fifty-five, I found a dif- ference in our treaties with other nations; under them some foreigners could hold and transmit real estate here, and some could not. I addressed and published an article upon that subiect, and drew a bill, which was passed at the session of eighteen hundred and fifty -six. That Act remains in force, and fully secures to foreign heirs transmission and inheritance of California estates. If it is thought' desirable to exclude Chinese from holding real estate, and I think it is, I hope the treaty will be made to so declare. The com- mon law of England excluding all foreigners from ownership of lands was founded upon a just jealousy of foreign influence, may perhaps be extended over those so distinctly separated from us in intellectual con- stitution as are the Chinese. Other objections are made to the Chinese, that they are dishonest, filthy, etc. In these respects they are certainly a very singular people. I have said, as to fulfillment of contracts, I have found them honest up to the average, and yet paradoxical as it may seem, in almost every way they will contrive some little sneaking advantage, laughable for its sim- plicity, and for the utter indifference they exhibit when exposed. So shameless are they when detected as to lead one to suppose that at least in their dealings with us they are incapable of distinguishing right from wrong. I have found them scrupulously cleanlv in their person beyond the white laborer, but in their aggregation, filthy beybnd description. I have been through Chinatown with Eastern gentlemen and ladies of the highest social position, and have marked the horror which the life exposed created with those who had not been hardened by familiarity. Prostitution, passing through every stage of lust, had become bestialized in ever^ quality a manifestation of which human nature was capable. Contagion and filth beyond description ; dens filled, one which we entered, say twelve by fifteen feet, with fifteen persons, some of them white, in it, in every stage of stupefaction from opium, -down to a sleep where breathing was intermitted and life apparently was ebbing to its i 1 Dec. 12, 1878. OF THE CONSTITUTIONAL CONVENTION. 677 close. And tripping with lifted garments through this noisome scene, shrinking from the touch of the beings there, were those who typified American civilisation — the fair brow, the pure eye, the white trembling lip. Who could fail to see that between these races there was a gulf as deep as that which separated Dives from the heaven he had lost. In looking at these, who could fail to exclaim : " Lord, why hast thou made all things in vain."- % The complaints made here by delegates from San Francisco, especially those of Mr. O'Donnell, I have no doubt are fully justified by the facts. The condition of things which is alleged to exist, does so, I am per- suaded, by the connivance of officials, who are especially charged with the duty lo suppress thesQ evils which they foster and protect The Chinaman has money, ind he has long since learned that official blindness is created by its touch. The foulness of Chinatown, its lep- rosy, and crimes, arc as well known to the police as are the streets, and are sources of a large revenue to them. Sad as is this picture, hateful and destructive to progress as is this presence, I do not think the evils at present existing are the worst we may have to endure. The growth, culmination, and ending of governments and peoples seem to follow a fixed law. They struggle against difficulty, grow in mind, become cultivated, learned; arts, science, and moral character are attained; they become rich, luxurious, enervated, corrupt. When thus weakened they fall, because of want of vital force, or are overcome by exterior barbaric force. Barbarism is the end. To-day we have attaiped the second sta^e. We are comparatively cultivated and rich. We are even now showing signs of decadence. By a singular fatality we are confronted with this })eonle with whom we parted six thousand years ago on the plains of Central Asia. They numoer nearlv five hun- ilred millions of people. They are fatalists, reckless of life and its expenditure. The>' are becoming possessed, and skillful in the use of arras. They are fast creating a navy superior to ours, and are appar- ently making phenomenal advancement in warlike power and skill. An English statesman has lately expressed serious apprehensions as to this people, and of the effect which its precipitation upon the outer races will produce upon hum^ progress. I confess I share his views, and consequent fears. We are more exposed to a Chinese invasion than were the Southern European Empires when overrun and conquered by the Northern hordes. China is more tnily a storehouse of nations than was Northern Europe. I submit that any further change from the direction indicated is at least, a factor worthy of serious consideration. In this view, it beoomes not only doubly important, but it becomes a necessity to pre- vent this inuiiigration — to give China no foothold here; and while I, for one, desire friendly relations with the Chinese people, I desire to shake bands with them across an ocean. But as Important as the ^attainment of this result may be, I am not willing to attain it by means which violate my oath to support the Constitution of the United States, nor to disregard a treaty maae under its authority. No necessity exists for any such procedure. Let the government at once propose a modification of the Burlingame treaty, such as we desire. If our overtures are not accepted, give reasonable notice of the abrogation of the treaty, and then proceed to such independent action as will at once fumisl) a remedy for the evils under which we suffer, and vindi- cate our right by the whole power of the nation. Mr. CAPLES. Mr. Chairman : I move that the committee rise, report progress, and aslc leave to sit again. Carried. IN CONVENTION. Thk president. Gentlemen : The Committee of the Whole have instructed me to report that they have had under consideration the report of the Committee on Chinese, have made progress, and ask leave to sit again. COIIMITTKK APPOIMTKD. Tri president announced the following as the committee under the resolution of Mr. Dowling, adopted on December ninth: Messrs. Barnes, Howard, and Dowling. ADJOURNMVKT. Mr. CAPLES. I move that the Convention take a recess until seven o'clock p. m. Mr. 8TEDMAN. I move that the Convention adjourn. The motion prevailed, and, at four o'clock and twenty-six minutes, the Convention stood adjourned until to-morrow morning at nine o'clock and thirty minutes. SEVENTY-SIXTH DAY. 4 Sacramento, Thursday, December 12th, 1878. The Convention met in regular session at nine o'clock and thirty minutes a. m., President Iloge in the chair. . The roll was called, and members found in attendance as follows : Andrews, Ayerg, Barbour, Barnes, Barry, Beerstecher, Belcher, Blackmer, PRKSENT. Boucher, Cowden, Brown, Cross, Burt, Crouch, Caples, Davis, Casserly, Dean, Chapman, Dowling, Charles, Doyle, Condon, Dudley . of San Joaquin, Dudley, of Solano, Lampson, Shafter, Dunlap, Lark in. Shoemaker, Eagon, Larue, Shurtleff, Edgerton, Lavigne, Smith, of 4th District, Estee, Lewis, Smith, of San Francisco, Estey, Lindow, Soule, Evey, Mansfield, Stedman, Farrell, Martin, of Alameda, Steele, Filcher, Martin, of Santa Cruz, Stevenson, Finney, McCalluin, Stuart, Freeman, McComas, Sweasey, Freud, McCoy, Swenson, Garvey, McFarland, Swing, Gorman, McNutt, Terry, Grace, Miller, Thompson, Graves, Mills, Tinnin, C^regg, Moffat. Townsend, Hale, Moreland, Tully, Hall, ' Morse, Turner, Harrison, Murphy, Tuttle, Harvey, Nason, Vacquerel, Ileiskell, Nelson, Van Dyke, Herrington, Neunaber, Van Voorhies, Hilbom, Noel, Walker, of Marin, Hitchcock, O'Donnell, AKalker, of Tuolumne, Holmes, Ohloyer, Waters, Howard, O'Sullivan, Webster, Huestis, Overton, Weller, Hughey, Porter, Wellin, Hunter, Prouty, West, Inman, Reddy, Wickes, Johnson, Reed, White, Jones, Reynolds, Wilson, of Tehama, Joyce, Rhodes, Wilson, of 1st District, Kelley, Ringgold, Winans, Keyes, Rolfe, Wyatt, Kleine, Schell, Mr. President. Laine, Schomp, ABSENT. Barton, Campbell, Herold, Bell, Fawcett, McConnell, Berry, Gla%ock, Pulliam, Biggs, Hager, Smith, of Santa Clara. Boggs, LEAVE OF ABSENCE. Leave of absence was granted to Mr. Campbell for three days, and indefinite leave of absence to Messrs. Pulliam and Smith, of Santa Clara, on account of sickness. THE JOURNAL. Mr. CAPLES. I move that the reading of the Journal be dispensed with and the same approved. So ordered. PETITION — MECHANICS' LIENS. Mr. GORMAN presented the following petition, signed by a number of mechanics and others, citizens of California, asking for a provision in the Constitution for a lien law : To the President and memberv of the Oonstltutlonal Convention: Orntlemrn: The undersigned retpectfally repreannt that the practical working of the present legislation, and decisions^ Supreme Court iMwed thereon, regard- ing the rights of mecluinics, niateriai-men, and laLoren to a lion for their lalmr and material tumished, is such that thuee who in a measure dep«n'1 upon such law for Jiut protection fail in nearly all cases to obtain it, l>ecause of the inefficient working of saJd law. Wherefore, we pray you to declare in our organic Inw the right of every mechanic, material-man, and laborer to a perfect lion on the thing whereon bis labor has beau expended, or for which his materials have been furnished. Moreover, we would state that we would be satisfied with amendment number one hundred and sixty-sevon, introduced by Air. Van i>yke, on October tenth, eighteen hundred and seventy-eight, and read and referred to Committee on Miscellaneous Subjects, as follows : *' ijKCTioN — . Mechanics, material-men, artisans, and laborers of every class shall have a lien upon the property on which they have bestowed labor or furnished materials, for the VMlue of such labor done and materials furnished, and the Legis- lature shall provide by law fur the speedy and efficient enforcement uf said liens." . And your petitioners will ever pray. Referred to the Committee on Miscellaneous Subjects. CMINKSB IIBMOEIAL. Mr. HARRISON. Mr. President: During the early days of this session, a resolution was introduced by the gentleman from San Fran- cisco, Mr. Barbour, providing for a memorial to Congress asking for the sbrogation of the Burlingame treaty. This resolution was referred to the Committee on Chinese, where it now remains, no action having been taken on it. I do not propose at this time to enter upon sny discussion of the great Chinese curse, as it affects the people of the State of California, nor to refer at any length to the keen anxiety with which our people are looking to the deliberations of this body, as well as to all other properly constituted authorities of the land, for relief. I am safe in asserting with confidence, however, that there is not a constitu- ency represented on this floor, nor I think any gentleman representing a constituency in this body, who do not thoroughly sympathize with tfnd heartily indorse every legitimate move looking to the extinguish- ment of this accursed coolie competition, and the removal from our midst of these hateful Mongolians — a race whose characteristics have been so completely summarized in the pithy saying of the distinguished Senator from Nevada: "Their vices corrupt our youth, and their virtues starve our men." r 678 DEBATES AND PROCEEDINGS Thursday, Recognizing the unanimity of the people of our State upon this all-abflorbins question, I am anxious, Mr. President, that no unneces- saiT delay snail intervene in the drafting and forwarding of this memo- rial. Congress is now in session, and the present being a short one, the session will have more than half expired before the memorial can be laid before the body, even with the most complete expedition on our part; and I am anxious that whatever of good may result from it, will not be thrown in jeopardy by any delay on the part of this Conventfbn in not getting it before Congress in time to enable it to receive some consideration from that body. Personally, however, I am not disposed to anticipate from this memo- rial any great result. The evident aisposition of that part of the United States lying east of the Rocky Mountains, upon this Chinese question, is 80 utterly at variance with any sympathy or understanding of the pros- trate condition of our labor on the Pacific Coast, that it would be idle to hope it. Already that great and insidious septarchy, the Chinese Seven Companies, with its insatiate commercial greed, seeing where their labors to retain and increase their foothold in our countrv will be most effect- ual, have transferred their eiTorts to the East, and the journals of that section are teeming with editorials and leaders extolling the industry, honesty, virtue, and benefits of the Chinese as a race, attributing to their presence in our midst advantages, and with a maudling sentimentality, as false in fact as it is pernicious to our future, setting up the principle that, according to the underlying ideas which created our government, we can no more deny or resist this Chinese immigration than the immi- gration which comes to us from any of the oppressed nations of the earth. There, also, we see another step — the naturalization and conversion into citizens of several of the representatives of this non-assimilating race — ^viewed with distrust, and accepted almost without dissent, by these same journals, which reflect in a great measure the sentiment of the people of that section, while on the other hand the honest and indignant wail of our people here, who feel the blight, is denounced as incendiary vaporings of demagogism. The President of the United States, in his annual message to Congress upon the general condition of the country, wholly ignores the question, and his lukewarmness, or I might better say indifference, to our situa- tion, is typical of the general sentiment there. This seems to be a strange and anomalous attitude for the General Government to stand in with reference to a part of the country; but that is by no means a new one on the part of the National Government with reference to the Pacific States, the history of the past legislation, where the interests of these States have been m question, will amply prove. Still, although comparatively hopeless of anv successful issue, I am anxious to have the memorial speedily forwarded. It will perhaps be the most thoroughly authenticatm San Francisco, Mr. Barbour, providing for a memorial to Gongreaa aklng for the abrogation of the Burlingame treaty, be and they are hereby directed to report the same, together with the memorial contem- plated, at their earliest conTenienee. The president. The question is on the adoption of the resolu- tion proposed by the gentleman from San Francisco. The resolution was adopted. NOTICK. Mb. WEBSTER. Mr. President : I give notice that, to-morrow, I will offer an amendment to Rules Fifby-six and Forty -three, to read as fol- lows: Amend Rule Forty-three so as to read as follows : RULE NUUBKB FOBTY-THREB — TIMES A MEUBEB MAY SPEAK. No member shall speak more than twice on anv one question, nor more than fifteen minutes at any one time, without nrst obUkining leave of the Convention, nor more than once until other members who have not spoken shall speak, if they so desire. Amend Rule Number Fifty-six so as to read as follows: BULB NUMBKB PIFTY-SIX. The rules of the Convention shall be observed in Whole, so far as they may be applicable, except that shall not be taken, but the previous question may be that when the previous question is sustained, it shall amendments then pending, and other amendments the section. Laid over for one day. Committee of the the ayes and noes moved; provided , only apply to the may be offered to BBSOLUTIONS — LAND AND HOMESTEADS. Mr. O'SULLIVAN. Mr. President: I offer a resolution. The SECRETARY read: Hesolved^ That the Committee on Land and Homestead Exemption are required to report to this Convention immediately, or give sufficient reasons for not doing so. Mb. O'SULLIVAN. There is every reason in the world why this resolution should pass. The work of that committee was finished over four weeks ago, and they have never done any business since. The propositions were passed upon, and a majority of them voted down — the main propositions on the land question. The minority of that com- mittee, consisting of four members, have their report ready, and are waiting to report. Now, there is no excuse in the world for* this delay on the part of the majority. It looks, indeed, as if there was a deliber- ate intention to stifie this land question. I don't say that it is so, but I say it has every appearance of it; therefore, I demand immediate action, so as to know what excuse the majority have for not reportine. I am ready to make a minority report now at any moment, Mr. Presi- dent ; and if it is the intention to stifle this land question, we have a right to know it, so that we can make it hot for these bloated landholders. This is a question that must not be stifled, for the minority are going to be heard before this Convention. The PRESIDENT. The question is on the adoption of the resolution. A QUESTION OF PBIVILEOE. Mb. 8H AFTER. Mr. President: I rise to a question of privilege in regard to the report in the Record-Union, of the few remarks I made yesterday. I have to apologize because mv voice is not of the best, and I am well aware that it is very difficult to hear amid the great confusion in this hall. I am reported as having said that the Chinese could become citizens. I never entertained any such notion. I never said such a thing. I argued that under the treaty, the Chinese could become per- manent residents, because it was included in the treaty. I said they could have become citizens like the people of anv other nationality, had it not been for the tail end of the section, which says they cannot become citizens. I am charged again with saying that the same objec- tions could be urged against the Irish. I do not charge the reporters with intontionally misstating it; I have no idea that they did. I never said any such thing, however. I never thought any such thing. I meant to sav that the Irish, forty years ago, vere objected to upon the ground of cheap labor. No man ever heard me uttor a word disrespect- ful to the Irish on account of their nationality, and nobody ever will hear me utter a word. The Irish are entitled to the same respect as people coming from any other part of the world, and no more. They stand upon the same ground of equality, and I spurn any man's asser- tion that I have in my heart any teeling towards them because of their nationality, because I never did have. I was brought up f vhoee oi«>niben are by theniselveft signed to thl8 memorial, rc«spectfully represent: That, for many years pest. Urge nunibcn of (*hlnose have come into our btate, until the niinit>erof adnit mule Honf^oIian« now exceeils one hundred and twenty tlmvflaud. That they are an inferior race of men, incapable of nmimilation with the American people, or of becoming citizcnN of the American nation. Tliat their la we and cnaloms, which they bring with them and ever retain, differ from those of any civilized people; that they liavo no families; tliiit they arc the pauper element of a nation, whore want Istlie rule and plenty the exception, and where this class of pefiple, lil(e ether animals, seek for food only, and have no other ambition ; that the pramnce in such largo numbers of this class of servile laborers is closing evenr svenne to free white labor, and rendering It Imponsiblo for wliite laborers with tamiUca to live inthtsHtato; that civilization Is more expensive than pauperism, and hence civilized white men cannot compete with Mongolian lalior; tliat the Chinese are semi-nomodic, living in the open air, or in tents and outhouseit, except in our large cities, and have few of the expenses which white men are subject to; that in a large degree the (Chinese came here under contract with some of their own people, who control Mr. BARBOUR. Mr. President: I move that the further reading be dispensed with, and that it be referred to the Committee on Chinese. Mr. ESTEE. I would like to have it read. The Secretary seems to have some trouble with my writing, and if the Page will return it to me, I will read it. Thr president. The motion is to dispense with the reading, and refer it to the Committee on Chinese. Lost. Mr. ESTEE. I will read it myself. [Reads.] To the President of the United States, the Senate and Honse of Reprosentativee: The Constitutional Conyention of the State of California, duly assembled, and now in session by authority of law, by the unanimoun vote of said Convention, the names of whose members are by themselves signed to this memorial, respectfully represent tliat for many years past large numbers of (liincse have come into our State ; that the number of adnlt male Uongollans now here exceeds one hundred and twenty thousand; that they are an interior race of men, incapable of assimilation with the American people, or of becoming citlxensof tlie American nation; that their laws and customs, which they bring with them and ever retain, differ from those of any dvllixed people; that they have no families; that they are the pauper element of a naUon where want Is the rule and plenty the exception, and where the chief aim is to obtain food ; that the presence, in such large numtwrs, of so many servile laborers b closing every avenue to white ft-oe Inlwr, and renderiqg it imposelble for white laboren who have families to live in this State ; that civilization is more expensive than bart)arism, and hence civilized white men cannot compete with Mongolian labor; that the Chinese are semi-nomadic, living in the open air, in tents aud out- bonscs (except in large cities), and they have few of the expenses to which white men are sul^ect; that in most instances the Chinese come here under contract with some of their own people, who control their labor wliile here; that very many of the males ars criminals, and at least nine tenths of their women here are prostitutes; that every ship coming into our ports from China is freighted with this class of laborers; that the further influx of this plague is viewed with profound alarm by every class of our people, and if allowed to continue will cast a blight upon one of the fiUrrst portions of our country; that the health, the peace, and the general pros- perity of our people depends, in a groat degree, upon the early inhibition of this class of immigraUon. We, therefore, most earnestly pray that the present treaty with China l>e so mod- ified u to prohibit the furtlier immigration of this class of Chinese latwrers, or that such laws be passed as will restrict such immigration. Mr. ESTEE. I ask to have this referred to the Committee on Chinese. I had it drawn up before the resolution was presented this morning; hence I wanted to nave it read and referred to that committee. Mr. BARNES. What does the gentleman propose to do with this document^ I understood that this subject was left to the Committee on Chinese. ' / Mr. ESTEE. I wanted it read for this reason: I am most anxious to have some memorial go to the power that can control this matter, rejtrc- senting the unanimous voice of this Convention; and I. believe it would be unanimous. It has been now some three or four weeks Vnce this matter came up, and when it did oome up I supposed the memorial would be presented, and it was with a view to hurrying it up that I have presented this. Mr. MILLER. There is no sort of objection to this being referred to the Committee on Chinese. * We will hold a meeting and present a memorial, whether it will be this one or some other one I cannot say until I hear the views of the members of the committee. There are several already drafted. We will take the best one and bring it before the Convention to-morrow. There can be no objection to this one being referred to the committee to be considered along with the others. Thr PRESIDENT. If there be no objection the memorial will be referred to the Committee on Chinese. It is so referred. GHINKSI IMMIORATIOK. Mr. miller. Mr. President: I move that the Convention now resolve itself into Committee of the Whole, the President in the chair, for the purpose of further considering the report of the Committee on Chinese. Carried IN COMMITTEE OF THE WHOLE. Thr CHAIRMAN. Section one and amendments are before the oom- BPRECH OF MR. WINANS. Mr. WINANS. Mr. Chairman: When Mr. Seward declared that tliere was an irrepressible conflict between opposing and repugnant forces on one margin of the continent, he utterea a truth which, in this latter day, finds its repetition on the other. Now, as well as then, and here as well as there, there is an irrepressible conflict between opposing and repugnant forces. That conflict there, eventuated in a holocaust of blood. What may be its issue here ? He alone, who holds the destinies of nations in the hollow of His hand, can determine; and, sir, unle&s relief be had, the portents, signs, and omens of the time point to a sanguinarv future. You cannot mingle two races where there is no compatibility and no power of assimilation. when Sparta overcame the Helots, it was to conquer, and coerce, and turn them into slaves. There was no possible assimilation, and the Helots soon perished from the face of earth. When the white man set his foot upon this continent he drove the red man from his path into the Western wilds. Bafore the advancing march of civilization the red man still receded, until now the relics of that fated race are swiftly passing to those happy hunting grounds which lie beyond the .boundaries of time. Here, agam, there was no compatibility and no power of assimilation. And now, as in the past, when the uncounted and innumerable hordes of Asia are pouring in upon us, there is no compatibility and no power of assimilation. The stronger will absorb the weaker, and the result may follow, if relief is not obtained, that the white race will succumb to their Mongolian invaders. There can be no union, no coalescence, no commixture, because the Chinese belong to a difierent people from our own; diflferent in character, in culture, and in creed; difllerent in the diversity of the distinctive races of the glc;}>e; difierent to the extent that they stand, in all respects, contrasted and repugnant. The Chinaman is a barl^rian. His habits, instincts, and pursuits are entirely alien to the nature and character and customs of our people. He bows down before an idol, and rejects the worship of the true God. Even in the frantic fanaticism of the French Revolutionists th6re was something manlier than this, for they deified the noblest faculty of man — the reason — and not a thing of wood or stone. He is cruel, treacherous, and revengeful. He has lived under a dominion entirely foreign to our institutions, and subject to a law antagonistic to our own. He holds in our midst an imperium in imperio. And, sir, even in his demise he is hostile to the land wherein he was an alien sojourner, for, while in life ho exists in hostility to our customs, in death he shrinks from the pol- lution of our soil. Sir, the two races are absolutely irreconcilable in their nature, and cannot coexist The one must absorb the other, and this absorption will be governed by the force of numbers. Unless stayed by the hand of power they will continue to come in countleaa myriads, such as no man can number. In that physical convulsion of the globe wherein the waters that cov- ered the Desert of Sahara lost their equilibrium, while they receded from the shores of Africa, leaving dry their sandy bed, they recoiled on the American Continent and formed the Gulf of Mexico with its tremendous flood. Below those waters lies a vast domain, exuberantly rich, where cities might have grown ; where smiling farms might have spread broad- cast o'er the soil; where peace and plenty might have reigned. But now it has become absorbed beneath those overwhelming waves. And, sir, by a significant analogy, there is a human tide, immense and meas- ureless, now threatening to recede from the confronting shores of Asia, and sweep up upon this State in a resistless tidal wave, and utterly sub- merge our institutions and our people. This is no fancy, no fiction, but an indisputable fact, unless we stay the inroads of this mighty, moving mass. When the Goths and the Huns, from their northern fastnesses, behold- ing the Romans steeped in luxury, and enervated by excess, poured down in solid phalanx upon the miperial city, what was the result? The civilization of centuries sunk speedily into barbaric night. We are told by the Chairman of the committee that the Empire of China is overcrowded; that she needs relief for millions of men; that she can- not escape to the West, and she must therefore escape to the East. Now, sir, if that be true, and it is proved to be, what is to hinder her from hurling in on the Pacific Coast this great human mass, more resist- less and more devastating than the avalanche which rushes down the mountain side? Is this impossible? Not at all! Is it improbable? Nothing is more likely to occur. I believe that unless we adopt means 080 DEBATES AND PROCEEDINGS Thursday, to resist it, we will be compelled to accept the alternative of our extinc- tion as SL nation. From that overcrowded empire, to withdraw two hundred millions of its populace would only give relief; to force them upon us, would only involve national annihilation. Now, sir, while such is the evil, the Question arises, what is the remedy? The learned gentleman from Marin, in an able address to this Convention, endeavored to demonltrate that we were powerless to act, except through the medium of Congress. That gentleman enforced his proposition with his usual ability and skill. He was plausible in illustration and forcible in speech ; but, sir, I think his reasoning is fallacious when strictly analyzed. I think he has made use of argu- ments that, while they were plausible and almost convincing, did not embody true principles, but were calculated to mislead and to deceive. Sir, his proposition is that there can be no restraint except such as Congress may afford, and it is based upon the idea of the existence and binding effect of the Burlingame treatv. I shall not discuss this question upon the broad, abstract, and constitutional ground, but simply direct my attention to an investigation of it in the form in which it here presents itself. Can we take any action in this body that would Beem to militate- against tlie provisions of the treaty with China which entitles the subjects of that empire to a residence among us? Without pausing to discuss the collateral privileges which the right of residence involves, I do not hesitate to say that, in my judgment, we can and ought to take some action tending to suppress this evil here and now. When general principles exist in law, they are commonly of univer- sal application, but when one of these comes in conflict with another, the one or the other must give way. Congress has the power, under the Federal Constitution, to make treaties with other nations, and that power is unlimited. But on the other hand, each- State has the power to regulate its own internal affairs, and to control its police system, which power is also unrestricted; and when these two come into collision, one must of necessity yield to the other. In Cooley on Constitutional Limitations, that learned commentator says, page five hundred and seventy-two, of the police power of the State: *^ On questions of conflict between national and State authority, and on questions whether the Stete exceeds its just powers in dealing with the property and restraining the actions of individuals, it often becomes necessary to consider the extent and proper bounds of a power in the States, which, like that of taxation, pervades every department of business, and reaches to every interest, and every subject of profit or enjoyment. We refer te what is known as the.4>olice power. The police of a Stete, in a comprehensive sense, embraces its system of inter- nal regulation, by which it is sought not only to preserve the public order and to prevent offenses against the Stete, but also to esteblish for the intercourse of citizen with citizen those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment of his own, as far as is reasonably consistent with a like enjoyment of rij^hts by others." " This police po.wer of the Stete," says Redfield, Ch. J., in Thorpe vs. Butland and Burlington Railroad Company, 27 Vt. 149, "extends to the protection of the lives, limbs, health, comfort, and quiet of all persons, and the protection of all property within the Stete. According to the maxim, Sic utere tuo ut alieiium non loedaSt which being of universal application, it must, of course, be within the r^nge of legislative action to define the mode and manner in which evei^'one may so use his own as not to injure others." And again: By this "general police power of the State persons and property are subjected to all kinds of restrainte and burdens, in order to secure the general comfort, health, and pros- perity of the Stete; of the perfect right in the Leffisfature to do which, no question ever was, or, upon ctcknowtedged general principles, ever can be made, so far as natural persons are concerned." It seems then that while, on the one hand, the Burlingame treaty gives the Chinese the right of immigration to an unlimited extent, on the other the police power of the State gives it authority by protective legislation, to suppress or modify this right when it endangers the peace, the health, or the welfare of our citizens, or threatens the subversion of our institutions. Now, sir, if this be so, then the question arises, how far can we assert the prerogative of the police power of the Stete to abate this monstrous evil without trespassing on the domain of Federal authority? We hear gentlemen talk upon this floor as if the passage of these sections, by this body, would be an act of rebellion. Are they not familiar with the fact that nearly every Stete within the Union, without intending resist- ance to Federal control, has enacted laws which the Supreme Court has afterwards declared unconstitutional and set aside? Was the passage of such laws rebellion? If so, New York has rebelled, Massachusette has rebelled, and divers other Stetes. No, sir, we have not reached the I>oint of rebellion. We have no desire to rebel; nor do we advocate the so called doctrine of Stetes rights. We are a loyal people, and if we should pass a law here, or adopt an article in this Constitution, or a section therein, or resolve upon a measure that tends to repre^ this intolerable evil — this curse of Cninese immigration, as it now existe— and, if in the future, the Supreme Court of the United States should decide our action to be unconstitutional, when that ultimate tribunal so decides, then, and then for the first time, will we have reached the crisis at which resistence is rebellion. It is now but the testing of our legal righte. It is now but an attempt to lawfully accomplish what we may, within the limits of our constitu- tional restraint, to protect ourselves against the further inroads of this alien and barbaric race. It is intimated that the prevailing, or what is probably the legal sentiment, upon this floor, claims that we can do nothing to relievo ourselves. I do not believe that such a sentiment jiredonii nates, but if it does, it has no effect on my opinion. The bar of this Stete, including many of the most eminent among ite members, were astonished at the decision of the Supreme Court in the Chicago Elevator cases, which involved the constitutionality of a law of the Stete of Illinois. If that law had been declared unconstitutional, could it have been said that the Stete was in rebellion? Or, if the Stete forebore to pass the law through fear that it might be pronounced unconstitutional, would not such a course have been analagous to that which alarmists among us now urge us to pursue? Sir, these provisions of the Burlingame treaty were intended to have a general operation throughout the length and breadth of the United Stetes. ^t was sanctioned by Congress with the intent and understend- ing that it would benefit the nation. It was believed at the time to be an act of public policy. But the fallacy and folly of that policy have been demonstrated to such a terrible extent that the doctrine of Stetes rights is appealed to by many as a protection against ite ruinous resulte. Conscious as we are that these difficulties which have arisen were utterly unforeseen by Congress, should we not exercise the privilege to declare our sentimente upon the subject, and enforce our rights by i^s- lation? Why, sir, suppose that the Pacific could be turned into a sea of ice and remain permanently such. Suppose that two hundred million of Chinamen should cross that glittering bridge and pour in upon us, to destroy our people and devour our land, would we be powerless to resist them because Congress had made a treaty that was suicidal to the nation? Would we be powerless to interpose resistance to the onward march of this devasteting host? Or suppose — what makes the merely hypothetic sternly possible — that those insatiate invaders should employ their power and resources in constructing ships to an unlimited extent, until they literally bridged the Pacific with their navy, and thus obteined the means to force themselves upon us in an overwhelming swarm. Would we have no authority to repel them, until Congress could take, in our behalf, ite slow and languid action? Sir, the remedy ought to be adopted, and proportionate to the emer- gency, and I believe the Supreme Court, though mainteining the spirit of the Constitution, would be able to sustein such provisions, as in our prudence we might make, if those provisions be moderate and stetes- manlike, as I desire they should, beyond the mere provisions of the first section, which is entirely nugatory, because the mere declaration of an abstract power existing m the Stete both heretofore and now. I believe the policy we are desirous to adopt ought to be considered by the Supreme Court of the United Stetes, and any introduction of these or kindred amendmente into the new Constitution of the Stete affords the only way in which they can be brought before the Court. What we desire is to relieve ourselves from an existing evil, now sapping the very foundations of our political and social structures, and prevent ite indis- criminate extension. We desire to keep this Orientel outpour from com- ing in such streams upon our shores as to produce the same effect on us as the ferocious Danes wrought on the Saxons when they inundated England from across the sea. Something must be done by us, or some unconstitutional prophet will arise to stey fhis plague. Congress seems to be alike indifferent to our prayers and our tears. Nor will we ever be able to derive help from Congress, until we have first made an effort to help ourselves; a righteous, honest effort; an effort conceived in the spirit of legality, compelled by the sense of duty, and made in such a manner as will prove us true to the obligations of the Federal compact, and true to ourselves. I firmly believe that Congress will aid us when it perceives that we are fearfully in earnest, and that we mean to help ourselves — as Horace says: 61 vis me flere rriiuuin tibl flendum est. When the cartman stood by his wheel, in the mire, and prayed to Her- cules to lift it out, the god replied : " First put thine own shoulder to the wheel, then I will help you," and Congress will no longer be indif- ferent or neglectful of the demands and claims of our people, after they shall have teken the stern initiation of action. If Congress should thereupon refuse to aid us, and the Suprerpe Court should decide that what we do is in violation of the Constitution, then we have no alter- native remaining, save submission. But the hour of submission has not come, though the hour for action is at hand. Sir, a new party has arisen in the Stete. It conteins many agitetors, many demagogues, many men who are selfishly seeking their personal advancement. But these are the mere scum upon the surface, while beneath lies a vast seething mass of human suffering. The strong man goes penniless to his home at night. He gazes on his tearful wife; he listens to his children's cry for their bread, until, in the excess of agony, with an aching heart ana a bursting brain, he becomes savage in his instincte. In the w^ide diffusion of this miserv, what wonder that the evidence of riot and of rapine is threatened, if this cause of the prevail- ing suffering, the Chinese curse, be not removed? The malcontent, groaning under a burden too heavy to be borne, is in no condition to consider fine spun constructions of constitutional law when his wife and children are famishing before his eyes. Who shall deny that, amid the general distress, a vigorous effort should be made in the halls of leg- islation to provide a remedy for the fierce malady that is consuming the vitels of the commonwealth? It is our duty to act in this emergency, and something must be done. The people are crying for relief, and their cry must not be disregarded. SPEECH OF MR. WYATT. Mr. WYATT. Mr. Chairman : I do not desire to occupy the atten- tion of this Convention at any great length upon this subject. The debate has already been lengthy, though by no means un instructive. But the variations of opinion, as to what our right and powers* are, seem to be very wide. 6ne side holds that the Stete has complete power to remedy the evil from which we are suffering. The othei; class holds that we are utterly powerless, and can do nothing but supplicate at the doors of Congress for relief from this evil. Both of these opinions seem to be largely supported by the law and authorities whicn have Dec. 12, 1878. OF THE CONSTITUTIONAL CONVENTION. 681 been produced pro and oon. I am inclined to think that we ought to go to the extent, if it be necessary to go so far, of giving the Supreme Court an op[M>rtunitY of passing upon the issues here involved. I am first, ther(*fore, in favor of section one, as reported by the committee. " The Legislature shall have and shall exercise the power to enact all needful laws, and prescribe necessary regulations for the protection of the State, and the counties, cities, and towns thereof, from the burdens and evils arising from the presence of aliens, who are or who may become vagrants, paupers, mendicants, criminals, or invalids afflicted with contagious or infectious diseases, and aliers otherwise dangerous or detrimental to the well-being or peace of the State, and to impose con- ditions upon which such persons may reside in the State, and to provide the means and mode of their removal from the State upon failure or refusol to comply with such conditions; provided^ that nothing contained in the foregoing shall be construed to impair or limit the power of the Legislature to paes such other police laws or regulations as it may deem necessary." Now, as I said, I am in favor of that section. Section two of the report provides as follows : '^ Anv corporation incorporated by or under the laws of this State, or doing business in this State, shall forfeit its /ranchises, and all legal rights thereunder, if it ever employs, in any capacity whatever, foreign- er! who are not eligible to become citizens of the United States under the laws of Congress. This section shall be enforced by appropriate lerislation." I am in favor of that section, but I want it changed in wording so that wc will know exactly what it means. I want it amended so as to apply, eo nominee, to the class it is intended to eifect. I shall, therefore, move to amend section two, when that matter again comes up for con- sideration, as follows: ."Sro. 2. The Legislature shall pass laws prohibiting any corporation incorporated by or under the laws of this State, or doing business in this State, from employing or giving employment to any Chinaman or< Mongolian^ in any capacity whatever, within this State, under such penalties as may be prescribed.'' I don't want to say aliens who are not capable of becoming citizens of the United States, because that is a matter of some uncertainty. It is true that one Judge has decided that Chinamen cannot be naturalized under the laws. That is Judge Sawyer's decision ; and I believe one Judge in the City of New York has followed that decision, and denied the application of Chinamen for naturalization. But I am also aware, if the public prints are to be relied upon, that other United States Judges have naturalized Chinamen, and are now naturalizing them. And to say now that Chinamen are not capable of being naturalized, is simply to state a mooted qtiestion, one upon which precedents can be producer! pro and con, and one \x\ioi\ which at least it is very doubtful whether there is any settled policy in the Courts. I am in favor of section three, which also provides that ''no alien ineligible to become a citizen of the United States shall ever be employed on anv State, county, municipal, or other public work in this State after the adoption of this Constitution." It provides that all public work shall be done by citizens, or at least shall not be done by Chinese; that they shall be prohibited from contracting for or doing public work. I shall favor section three for that reason. I think, however, that the section ought to be enlarged, as to pointing out more particularly that sub-contractors shall be prohibited from employing Chinamen — that they shall not be employed directly or indirectly. That, sir, brings me to section four, which provides that "all further immigration to tliis State of Chinese, and all other persons ineligible to become citizens of the United States under the naturalization laws thereof, is herebv prohibitetl. The Legislature shall provide for the enforcement of this section by appropriate legislation." This brings up the question of the jurisdiction of the State in its police capacity, and the jurisdiction of the United States in its capacity as sovereign of the States in their outside relations with the world. And there is where the conflict conies in the authorities that have been presented to this Convention. I am in favor of section four, but I would like to have it worded a little different, so as to say expressly what we intend to say. I support it for the purpose of bringing this matter before the Supreme Court of the United States for reexanri na- tion, so as to have them determine what are the rights of the State, and what are the rights of the United States, in reference to this subject. The decisions that nave heretofore been made ufion that subject were made not with a view to the magnitude of the subject here presented, they were made with reference to immigration coming from Europe — men of like character, and like feelings, and like blood as ours. It was made with reference to preventing the shipping of a limited number of paupers. It was made with reference to preventing those governments from shipping criminals to our shores. I say, sir, that since eighteen hundred and fifty-two — in particular since eighteen hundred and sixty — the Chinese question has grown to be a momentous one; that it was unknown and undreamed of prior to that time, either by Congress, or the President, or the Supreme Court, or any governmental authority that were called on to oeal with the question of immigration. The characters of this people are so difi!erent from ours, that the very vir- tues of the one become the vices of the other. They are antagonistic in everything — in government, in religion, in personality, in morality, in all that goes t« make up a nation, and in all that goes to make up an individual. They come by invitation, it is true, but they are coming in such vast streams that we are crying out for mercy. They must be stopped, or they will crush us out of existence. lou all remember the Granger cases in Illinois, which were passed upon by the Supreme Court in eighteen hundred and seventy-four or eighteen hundred and seventy-five. They have just been referred to by the gentleman from San Francisco. The decision of the Court, as he says, was a surprise to the legal fraternity, and contrary to the law 86 ideas of the Bar, not only in San Francisco, but all over the State, and all over the United States. Notwithstanding that, the decisions were made in obedience to the necessities of the case, in obedience to the demand of the great body of the people of the United States. And whenever law is so exclusive that it ceases to supply the wants of the people, that it ceases to protect the people, that it becomes an engine of destruction and oppression to the people, it ceases to become gopo88ibIe; that the administration of the law no longer affords protec- tion to life and property, then rebellion and anarchy come, whether men are in favor of it or not. But it is the part of wise statesmanship to prevent such a state of affairs coming about, and I differ with the gen- tleman from Marin as to the method of preventing it. I say we must take issue with the laws of Congress, and with the Burlingame treaty. Under this " most favored nation " clause, thejy say that the Chinese can come here and hold real estate in defiance of'^ the laws of the State of California — the very highest privilege that can be conferred by the State upon her citizens — ^that tney can come here and hold real estate in defiance of our laws, and we cannot pass laws to prevent them from doing it. If we are reduced to such an absurdity by the treaty, let us take issue with it at once, and go boldly but respectfully before the Supreme Court of the United States. Let us take issue with it in every conceivable manner. I say we are encouraged in this action by another decision. The Fourteenth Amendment seems very sweeping in its provisions, and was supposed to substitute itself in all the States of this Union for all other character of government. Were the provisions of the Four- teenth Amendment contested before the Supreme Court, so far ns relates to this question here, I have reason to believe that it would not be held to be so sweeping as some claim. Mr. President, I hope we may be able to relieve ourselves from the dire calamity which is impending. But the sooner we do it the better, for I am inclined to believe that, sooner than see this fair laud overrun and devastated by this Asiatic horde, the people will rise in open rebel- lion. That time has not arrived; but when all peaceful means fail, that event is not improbable. SPIICH OF MR. WILSON. Mb. WILSON, of First District Mr. Chairman: When this subject of Chinese immigration first came before the Convention, I had not expected to participate in the debate. I had somehow induced mvself to believe that the views expressed by the Chairman of the committee, in his able opening argument, would be adopted as the sentiment of the Convention. I believed that the position he had taken would be accepted by all jjersons, and especially by the legal fraternity. Those views seemed to me to be plain, clear, and decisive of the course which should be pursued here, f thought that the Convention would adopt section 1 682 DEBATES AND PROCEEDINGS Thursday, one, and probably section three, and reject the other sections of the report. I had myself, at different times, long ago, examined this ques- tion, and did not think that, on the subject of the power of the State, there could be any dispute. I bad studied the question, not as an advo- cate, not as a lawyer to sustain his client, but judicially, as any impar- tial person would examine a question for the purpose simply of arriving at the right conclusion. But it seems that I was mistaken, and that dif- ferences of opinion exist in the Convention between gentlemen eminent and able, upon the subject of the power of the General Government and the power of the State in this matter. Learning that fact, I have been induced to present my views on the subject of the power which the State may lawfuuy exercise in this matter, in connection with what I conceive to be the great evils attending Chinese immigration. Twenty-five years ago and upwards I landed in San Francisco in company with yourself, Mr. Charrman, as you well recollect. We were strangers in the State of California and in San Francisco. You will rec- ollect that there were many things strange, curious, and peculiar, which attracted our attention, and that we wandered from place to place look- ing at the dilTerent portions of the city for some days. We were not, in those days, troubled very seriously with clients. Nothing was of greater interest or curiosity to us than the Chinese population. We had never seen this race of people before; knew nothing of their habits, qualities, and modes of life, ex(^pt from general reading, and they were objects of interest and curiosity to us. We visited the Chinese quarters to learn what kind of people they were. We saw their merchants and tlieir traders, visited their various places of business and houses of trade. We visited their theater to learn their idea of histrionic arL We visited their joss house, and other places of amusement and trade. We saw a population isolated entirely from other people, and from the citizens of San Francisco. Twenty-five years and upwards have since gone by, and the children of the white race of people that were in this city have grown now into manhood and womanhood. The white boys of that day have become the men who participate in our government of to-day. They are citi- zens; they are taxpayers; they are the men of whom our armies are made, and of whom our statesmen are made. But the Chinese remain ever the same. They have extended the limits of their quarter of the town, and, I believe, have an additional joss house, and an additional theater, but, in other respects, this period of upwards of a quarter of a (%ntury has found that people the same, and in the same place, with the same qualities, habits, and characteristics. This, of itself, teaches states men and political economists a great truth — ^that here is anon-assimilative class; a great body of people in the heart of a great city in the American republic, remaining for more than a quarter of a century completely iso- lated from all Americans, adopting none of our principles, customs, or habits of life, but differing with us m every respect. There is no advancement, no progress, no change, but still the same to-day and forever. Still the same Chinese alien, worshiping a Chinese joss, eating Chinese victuals, wearing Chinese clothes, and remaining forever Chinese. The people from all the other nations of the earth come here and assimilate and commingle with our people and become a part of our people. Their children grow up Americans; they become Americans, and become one people with us. The Chinese alone remain an isolated, distinct, and peculiar {)eople, and in their nature cannot become a part of the people of this country. This, of itself, is a great evil, if there were no other. Their mode of life is different from ours; their feelings are different from ours; they have not a similar habit of thought; they have not the same religion; not the same ideas of gov- ernment, or anything else. This, of itself, is a great weakness in our government. It is an element from which we do not draw voters in time of peace, nor soldiers in the time of war. One hundred and twenty thousand foreigners are in our midst, remaining foreigners for- ever. This, I repeat, is a great evil and a great weakness. It is like a foreign substance that has found its way into the human body, but which never receives the heart's blood ; which never takes up the circulation, but remains forever a foreign thing, irritating the nervous system and impairing the healtli; only to be remedied by the surgeon's knife. The Chinese are absorbing the material and mechanical industries, and monopolizing the labor market of the country. Their influence in that respect has been so thoroughly stated upon this floor that it needs merely to be mentioned. We all Know that the Chinese do not establish homes in the country, in the great English and American sense of the term. One of the characteristics and great landmarks of American civilization is the home of the family, consiiing of a wife, husband, and children — the home— of all places most bless^, and connected with which are the sweetest memories and associations. Not so with the Chinese. No such thing as home, in that sense, is known to them. The Chinese popula- tion consists of a large mass of men and a few women of thb lowest character. But few marriages take place, and they live together in crowds. Now, in view of all these evils, we find — what? We find a strong feeling of antagonism existing between a large class of the Ameri- can people and this Chinese horde. Whether this feeling is justly enter- tained or not can cut no figure in the discussion of this question. Whether that prejudice is ill founded or not, I say, is unimportant. It is a fact that we have this foreign horde in our midst, this peculiar peo- ple, and there is arrayed against it a strong hostility of feeling upon the part of the citizens that is irrepressible. Therefore the cause should be removed ; the citizen should be protected, and this vast horde taken from our midst, if it is possible to do so. The important Question here is, how shall we get rid of them? And this sends us bacK to another question — how did they get here? There has always been something in oriental life that has seemed to be exceedingly attractive to persons who are not in the midst of it There has always been an idea amongst the nations of the earth that it would be a wonderful achievement to secure the trade of the Orient. England, very early, obtained the East India trade, and the Dutch (I do not mean the Germans), obtained at one time almost an entire monopoly of the Japanese trade, and for a series of years held that trade, long before the Americans had made any treaty with China or Japan. These events were regarded by the other nations of the earth as of the greatest importance, and it was thought a grand thing to secure the trade of these people. The English were so anxious to get a portion of the Chinese traae, and the French were so desirous of the same thing, that they acted in concert, and by absolute force of arms — at the can- non's mouth — made China open up its ports to trade, and allow them the advantages of commerce there. The Yankee, that great American tradesman, quietly followed after and persuaded the Chinese and the Japanese that we were their friends; that we had always been their friends; that we did not intend to act as the French and English had acted, and demand to participate in their trade through force of arms; but that we wanted a little of it in a quiet way. We succe<^ed in per- suading those nations that it would be to their advantage to allow us to participate in that trade. We succeeded partially through skillful diplo- macv. Our statesmen, and especially our Chinese Ministers, received the highest approbation at the nands of the government and the people for their great success in managing that business and getting an enter- ing wedge, allowing us io participate, to a very limited extent, in their trade. The first treaty was negotiated by Mr. Cushing — called the Cushtng treaty — in eighteen hundred and forty -four (see 8 U. S. Stat. 693). It was very limited in its scope, but it secured something. By it we secured com- mercial relations with China, and we hoped for something better in the future. All will recollect the glowing pictures portrayed and anticipations indulged by Senator Benton in regard to these countries, and how he described what was to be our glorious future in that trade with China and Japan. It seemed as though it was only necessary to open up trade with those nations and people to make the country' prosperous and wealthy. A great trade was to set in ; we were to become the great commercial nation of the earth. Encouraj^ by what we thus secured, we pushed on stronger and stronger, and, in eighteen hundred and forty-eight, made another treaty through the efforts of Mr. Reed, securing greater rights and privileges (see 12 U. S. Stat. 1023). Finally, we pushed on to such an extent that in eighteen hundred and sixty -eight we accom- plished what was regarded as a great triumph, in the Burlingame treaty. (See 16 U. S. Stat. 787.) It was very strange, and one of the novelties of this afiair, that Mr. Burlingame, an American statesman, should appear as the Ambassador of the Chinese Empire in negotiating this treaty. We made that treaty with great satisfaction, and through it, in conjunction with the former treaties, secured to ourselves certain rights, privileges, and commercial advantages, and reciprocated by granting similar privileges to the Chinese. But in these treaties, as we have found out smce, the Chinese had very much the advantage. Oar anxiety to get the trade, and our solicitude to secure this business, was so great that we gave China largely the advantage. While they admitted us lo trade to a limited extent in three or four sea- port towns, the whole of America was opened up to the Chinaman, and ne was invitewer is of course a very great power in the State Government, as is also the taxing power. It is defined as one of those inherent, original powers necessary to the existence of a Slate. Yet, great as it is, and it has been defined as the grand repository of all undefined powers, it must be con- sidered in view of our relation to the whole United States and to foreign nations. In forming a General Government we conceded something of our powers. If we have given any portion of our original power into the hands of the General Government, we can no longer claim to exer- cise it. If we have agreed in the national compact that any power shall be exercised by the General Government exclusively, we have given up the right to exercise it ourselves in every respect. As a State we have no relations with foreign countries. As the Cnairman of the Committee on Chinese, General Miller, has ably shown here, the State of Cali- fornia is not a nation, but the United States alone is the nation. We have our relations as a State with the General Government, but we have no relations as a State with foreign countries. We can make no treaties with them. They do not recognize us; do not know us. We are only a part of the nation, and they will deal only with the whole Federal Government, or with the representatives of that gov- ernment. Therefore, as far as treaties are concerned, we have yielded up to the General Government the entire power, exclusively and solely to make all treaties with foreign nations, and to enter into all those compacts and relations which usually and ordinarily exist between separate nations of the earth; therefore, a treaty made by the General Government becomes the paramount law of the land. The Constitution of the United States puts treaties on an equality with Acts of Confk^ss. The Constitution says that treaties made under the Con- stitution of the United States, and Acts of Congress passeon this subject than I had expected, and I will proceed as rapidly as possible. I have called the attention of the Convention to ihe rase of the Railroad Company ^against Husen. It seemed to bo conceded in that case that if the State of Missouri had confined itself in the exclusion of diseased cattle only, that the-statute might have been constitutional and proper. But while the real object was to exclude diseased cattle, it applied to all cattle for certain periods of time, and it was held that the statute was more an absolute regulation of commerce than the police power of the State could warrant. And the limit is defined between that class of legis- lation which operates to exclude paupers and criminals, and similar per- K)D8,and other sanitary measures, ana that which would embrace persons against whom no objection could be raised, or more properly against whom no such sanitary regulations could be aimed. The first section on this subiect reported by the committee is aimed principally at per- sons foUowmg directly and properly within the police powers of the State, such as vagrants, paupers, criminals, and those afflicted with incurable diseases. All these are clearly within the domain of the police power of the State. But the subseouent sections which embrace and include all persons in the State, whetner of the classes before indi- cated or not, fall directly within the decisions which I have read and commented upon. In the several decisions cited in the argument of the Chairman of the Committee on Chinese, the same rule is laid down, and the opinion of the Courts are very explicit and consistent. In the case of. Henderson, the Supreme Court intended (^ settle the qnestion, but there is a doubt expressed as to>whether the police power will extend to the cases of paupers. I think, however, that the decision, in most of the cases, is to the effect that a State may exercise the police power over vagrants, paupers, diseased persons, and criminals. But 8ome of the cases, particularly the last case referred to, seems to throw a doubt upon the exercise of this power over paupers. It seems to incline to the view that in that respect and class of cases, Congress is the sole repository of such power. 1 am willing to go to the extent of the exercise of that power, as indicated in section one, as it seems to me we can sustain ourselves upon it. There is nothing dangerous in it to the State. The learned gentleman from Los Angeles, in his argument took the ground that the State itself should he the judge of the proper exercise of the police power. But the Supreme Court of the United States differs with him upon that subject, and, highly as I respect the opinions of that gentle- inan,yet, when his views are m conflict with the decisions of the Supreme Coart of the United States, the decision of that tribunal will secure my ooncorrenoe. In the case of the Railroad Company against Husen, the Court dis- cnsaes this very question, as to who shall be the judge of the proper exercise of the police power. It had been urged that the question of the propriety of the exercise of the police power is to be determined by the Legislature of the State and not dv the Courts. But the Supreme Court of the United States says: ''With this we cannot concur. The police power of the State cannot obstruct foreign commerce, or inter-State commerce, beyond the necessity for its exercise; and under color of it objects not within its scope cannot be secured at»the expense of the pro- tection afforded by the Federal Constitution. And as its range some- times comes very near to the field committed by the Constitution to Congress, it is the duty of the Courts to guard vigilantly against any needless intrusion." These decisions we must accept as final, because whether we indorse them or not they are the law of the land. In considering this subject, there are some other questions worthy of our consideration. I will refer for a moment to the Fourteenth Amendment of the Constitution of the Tnited States. It is well known that some of these latter amendments to the Constitution arose from the peculiar condition of affairs in the South during and subseouent to the civil war. Congress passed a num- ber of Acts, the special object of which was to protect the negro recently emancipated from slavery, and to confer upon him all the rights of an American citizen. The Fourteenth and Fifteenth Amendments of the Federal Constitution were designed to place the negro in a position of political equality with the whites, and Acts of Congress were passed to enforce the principles embodied in those amendments. Of the wisdom of what was thus done we have nothing to say, we can but simply accept the result as an accomplished fact. The Fourteenth Amendment says: ''Sbctiom 1. All persons bom or naturalized in the United States, snd subject to the jurisdiction thereof, are citizens of the United States, and of the States whjerein they reside. No State shall make or enforce sny law which shall abridge the privileges or immunities of citizens of the United States, nor shall any State deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its junsdi^ion the equal protection of its laws." We must yield to these persons within our borders and jurisdiction the equal protection of the law. It matters not who the inaividual is ; it matters not how humble he is, or how base he is, the broad shield of the law extends over him, and he may demand all the right which any other person mav have to the equal protection of the laws. Of course this does not embrace political privileges, which are limited, but he is entitled to full protection. This amendment has sometimes been sup- posed to be limited entirely to the negro race, because the circumstances and condition of that race at the end of the war caused the passage of these Acts; but the language is not limited merely to the negro, it is comprehensive enough to embrace all others, and it must be construed according to its natural meaning. In the history of laws we see that certain things cause the enactment of ordinances and statutes, but they must, nevertheless, be construed according to plain ordinary meaning of the words employed. It is not necessary to show this by argument, because the Supreme Court of the United States, in the Slaughterhouse case, in lA Wallace Reports, here so construed this very amendment of the Constitution. After viewing the history of this legislation, and this constitutional enactment, showing that the negro was the cause of these laws havine been passed, and that the negro was primarily intended to be benefited by them, the Court says : " We do not say that no one else but the negro can share in this protection. Both the language and spirit of these articles are to have their fair and just weight in any question of construction. Undoubtedly while negro slavery was alone in the mind of the Congress which proposed the thirteenth article, it forbids any other kind of slavery, now or hereafter. If Mexican peonage, or the Chinese coolie labor system, shall develop slavery of the Mexican or Chinese race within our territory, this amendment may safely be trusted to make it void. And so if ot^her rights are assailed by the States which properly and necessarily fall within the protection of these y articles, that protection will apply, though the party interested may noty be of African descent." / My object thus far has been to demonstrate, so far as in me lies, that in view of the Burlingame treaty and the decisions of the Supreme Court of the United States, we cannot safely so beyond sections one and t three as presented by the committee, if indeed we can go that 'far. Yet I do not wish to be misunderstood. If any one can show me how we may constitutionally relieve ourselves from this Chine>s6 incubus, I will go as far as his light may illume the path. I am no lover of these< Oriental pagans. They have no advocate in me. I entertain no mere prejudice against them, but I have a settled conviction, the result of years of observation and reflection, that their residence among us is a scourge, a growing evil, and highly detrimental to our prosperity, mor- als, and general welfare. It is a public calamity that they are in our midst; and in their undisturbed presence here 1 see iMuch to make the statesman fear, the patriot mourn, and the philanthropist despair. Yet I will not lend myself to any measures in themselves inhuman, or which violate the Constitution of the United States, or that of the State of California, or place myself in an absurd attitude before the people of the United States. ^ Me. HERRINGTON. I would like to ask the gentleman a question. If the present Burlingame treaty were not in force and effect, would it be proper for the State of California, for this Convention, to adopt pro-' visions in our Constitution to prevent the accession by the Mongolians of permanent residences in this State? Mb. WILSON. Yes, I think in that event we might go a great way in that direction, until met by the provisions of the Constitution as to commerce. , Mb. HERRINGTON. Then I will ask another question. If that be so, would a provision of this Constitution be in violation of any pro- visions of the Constitution of the United States; or would it be in any different position than the law in reference to insolvency, when the general bankrupt law was in existence? Mb. WILSON. It would be like passing a law by the Legislature or by the Constitution, in direct violation of the Act of Congress, because the treaty is a law as much as the Constitution, or an Act of Congress. We cannot pass any legislation which is an infringement upon that existinfiT law Me. HERRINGTON. Then the law passed a little while before the repeal of the bankrupt law was not in violation of the Constitution; that law is still in force and effect. Mb. WILSON. A serious question was raised on that point the other day. A gentleman of great legal experience suggested to me, in a case we were discussing, that, as the State insolvent law was passed pending an Act of Congress, it could not be considered of any validity or effect now ; and that suggestion raises serious doubts in my mind as to the validity of the Act. However, this is like one of the recent school exam- inations, and I have not been furnished, as the parties there were, with the questions beforehand. [Laughter.] This first section, as reported by the committee, has a clause which I am somewhat doubtful about : " The Legislature shall have and shall exercise the power to enact all needful laws, and prescribe necessary regulations for the protection of the State, and the counties, cities, and towns thereof, from the burdens and evils arising from the presence of aliens, who are or who may become vagrants, paupers, mendicants, criminals, or invalids afflicted with contagious or infectious diseajses, and aliens ^giberwise dangerous or detrimental to the well-being or peace of tlie State, and to impose con- ditions upon which such persons may reside in the State, and to provide the means and mode of tneir removal from the State upon failure or refusal to comply with such conditions; provided, that nothing con- tained in the foregoing shall be construed to impair or limit the power of the Legislature to pass such other police laws or regulations as it may deem necessary.*' The clause I refer to is that relating to " aliens otherwise dangerous or detrimental to the well-being or peace of the State." These words give a wide latitude. They may embrace almost anything' " Detrimental to the well-being or peace of the State." How? In what res}>ect? By what mode? what is the well-being of the State? Is it wise to use these words, to which nothing definite can attach, and which in their wide sweep are boundless as space? 686 DEBATES AND PROCEEDINGS Thursday, These words remind us of the old English bills of attainder. They were based on the same idea contained in the language to which I object. All the constitutions in this country contain prohibitions against bills of attainder. The^ grew up in England upon the idea that while there were definite crimes for which persons could be tried and punished, yet there occasionally might exist in the State a man who, though not guilty of any known or denned crime, would be dangerous to the peace and well-being of the community. Bills of attainder originated on this assumption. Parliament passed such bills to reach these persons asserted to be " dangerous or detriraental'to the well-being or peace of the State." By bills of attainder such persons were punished, their blood attainted, and their estate confiscated to the crown. I believe the last bill of attain- der was passed in England over a century ago. I believe that almost everyone of the State Constitutions contain provisions against such bills. The Constitution of the United States provides that no oill of attainder shall be passed. The present Constitution of California contains also the same prohibition against such bills. Now, this provision of section one sounds very much like the old bills of attainder — "aliens otherwise dangerous or detrimental to the well-being or peace of the State." In other respects I have agreed with section one, not that I think it is necessary, because I think the State has inherently all the power that that section gives it. But as some expression of opinion on this subject by the Convention is thought to be desirable, I yield my concurrence to this section as it stands. In my view, the remedy is beyond the powers of the State, and it has been my object, so far, to show that we can have no relief, either through the Legislature or Constitution, against the evils of Chinese immigration. We have no power to stop these people from coming into the State; we have very little power to control them while here; ana though I am anxious to' see the State rid of these evils, I am persuaded that the only remedy is in an application to the treaty-making power, or to Congress itself. We may nave a modification of the Burliugame treaty, with the consent of China, it being a contract— and the consent of the Chinese Government is necessary in making a new treaty, to guard and protect us against this unlimited invasion of foreigners not susceptible of naturalization. We may also call upon Congress for some remedy, and Congress has the power to so regulate the intercourse between the two countries as to afibrd us some relief. There is no doubt at all about the correctness of the position assumed by the gentleman from Marin, that while the treaty itself binds the two natione, we cannot get rid of it except by consent of China, although we may break it by Act of Congress or otherwise, being ourselves responsible to the Chinese Government, as we are in all cases, for the infraction of a treaty. That responsibility, if I were a part of the administration of the General Government, I would be willing to take. I would give relief even if we had to resort to warn But we can only have adequate relief through Congress, or the treaty-making power. Just at this particular time Cali- fornia seems to occupy a very important position. The political signs indicate that California will soon rise from political obscurity and assume a place of power in the national councils — I do not care what party succeeds here, whether it be the Workingmen's, the Republican, or the Democratic party. This State may hold the balance of power and have a voice in deter- mining who will be the President of the United States; and that proba- bility, has, to a great extent, gained faith recently. We are entitled to use our power for our State protection ; we are entitled now to demand of the General Government that it shall awake and listen to us. And, I believe now, that if a strong, earnest, and determined effort is made, the General Government, in view of the political condition, will listen to us. And, in my judgment, whether thev do or do not, it is our only hope and our only remedy, and we should here put ourselves upon t^is rec- ord, in the language of the gentleman from San Diego, Mr. Blackmer, in a dignifying, manly, and statesmanlike position, and go to the Gen- eral Government and ask it to relieve us from these evils under which we are sufiTering. I believe that anything in the shape of violence towards the Chinese will have the same effect that it did in regard to the negroes. In order to protect the negroes. Congress made them citizens of the United States, and I believe now that any violence on our part against the Chinese will simply induce Congress to pass an Act render- ing them eligible to citizenship, which will render them more hurtful to the interests of the State than now, and merely aggravate our evils. And, in that view of the case, I think we should appeal to Congress in a sensible, statesmanlike manner. I believe we will get relief. It may be long coming; it may be difficult to rouse those people of other States to a comprehension of our situation, and, when you come to think of it, it is not wonderful that it is so. They know nothing about this subject; they know nothing of this competitive labor; they know nothing of the absolute power of the Chinese to affect, most injuriously, the labor- ing men of the country; they know nothing of the manifold evils attending the residence of Chinese among us. We call upon them to reverse the old, respected, and revered doctrines, of the government on the subject of expatriatfon. We have boasted, time and again, that we had here a land open to all the nations of the earth. We have listened to that doctrine preached in the halls of Congress, and in Fourth of July orations, and from the stump. We have everywhere proclaimed that this is an asylum for the oppressed of all nations, and asked them to come here and enjoy, without stint, the blessings of this free land of ourft Now we turn to the people of the other States, who have heard these things preached for one hundred years, and say to them, "reverse all these things and exclude these people from our snores." It is the first time any such proposition has ever been advanced ; it is the first time any such request nas ever been made. It is not wonderful they are slow to adopt our views. It would be strange if they easily yielded to our arguments. We must be careful and sensible in our action. We must try to induce them to hear us. It is the only possible remedy. NoW; I know, Mr. President^ that if I were to urge extreme measures here I would please some persons. I know that there is a great deal of radicalism on this subject among many persons, but my object on this floor is not merely to please, but to advocate these measures which will afford the true remedy for the wrongs we suflTer, recognizing that I am res(X)nsible to the people of the State for my action, an^ desirous of putting myself upon the record here, as one not afraid to speak the truth, however unpalatable it may be; therefore, I say that I dinnot favor thrae extreme measures. We should look at this question as it is, in all its naked deformity, and ascertain where the remedy lies, and not nin after a remedy which will not avail, or which will only result in future distress to us. We have appealed to the General Government to aid us in this matter. Let us continue this af^^eal. Iiet us take advanta^ of the political crisis about to come, and make our power in that respect felt. Let u^ demand proper legislation by Congress, and proper action by the treaty-making jx)wer, which will relieve us of this gigantic evil. Mr^ BARBOUR. I ask the gentleman if he indorsed tl^e Non-par- tisan platform upon which the candidates in San Francisco were elected? Mr. WILSO^. Docs it make any difierence in the strength of the argument, whether I indorsed that platform or not? In fact I was not here in the State at the time that platform was framed, or at the time of the election. I was in the Atlantic States, and therefore never have seen it to this day. Mb. BARBOUR. All right. Mr. WILSON. I had supposed that my action was in aocordance with it If I am convinced, as I am, that the State has no power over this subject, and that the remedy is in Congtess alone, and I am anxious and willing to adopt that remeay, I suppose I am not inconsistent with the Non-partisan platform. I have, therefore, fully presented my views, recognizing the giWtness of the evil and where the remedy is. 'l abide the result, whatever it be. » SPBBCH OF MB. BARNES. Mb. BARNES. Mr. Chairman : No one can feel more keenly the responsibility which rests upon us in the consideration of this question than I do. !ko one can feel more desirous than I that whatever is done here should be wisely done; and if it be true, as suggested by the gen- tleman last on the floor, that the people are remediless, and that, when so many of^pur citizens feel perhaps tneir lives— certainly the welfare of themselves and their families — depend in a great measure upon this Convention, I feel unequal to the task of coping with gentlemen so able and distinguished as those upon the other side of tliis question, who have argu^ to us with the earnestness that marks them as sincere, that the people of this coast are absolutely and solely remediless in the premises. That we are to be in the future, as we have been in the past, and are in the present, subject to the unlimited presence of an element so forcibly described by my colleague from San Francisco, without hope of remedy, is to say that our government is a failure. Surrounded by distress, and hunger, and want on every hand, it is said we must sit supinely down under this upas tree and inhale the poison that falls from its limbs, absolutely devoid of the power — not merely to Uiy the ax at the foot of the tree, but powerless to remove a single limb that drips its poison upon us. And we are referred to the Constitution of the United States, and to the treaty-making power conferred upon the President and Senate of the United States, as something which consti- tutes an impassable barrier between us and this great social and jiolitical wrong. Now, sir, I prefer to regard thTs^ not as a Case dependintr altogether upon authorities — though I believe that authority, and gooect to travel or residence, as may there be enjoyed by the citizens or subjects of the most favored nations; and, reciprocally, Chinese subjects, visiting or residing in the United States, shall enjoy the same privileges, immuni- ties, and exemptions, in respect to travel or residence, as may there be enjoyed by the citizens or subjects of the most favored nation. But •nothing herein contained shall be held to confer naturalization upon citizens of the United States in China, nor upon subjects of China in the United States." That is the sixth article of the treaty — the most favored nation clause. Now, there is upon the very face of the treaty a violation of the princi- ples of the Constitution of the United States, and of our whole system of government. There is a class of people permitted to come' here without limit or restriction, who are acknowledged to be unworthy of becoming citizens of the United States. If they were worthy, then that power ought to haVe been conferred upon them. If they are not worthy, then they have no business here, for this country has no use for an alien population. And I say if this treaty was submitted to the test of the American judiciary, it would, in mv opinion, be held violate and sub- versive, and destructive of the princfples upon which this government is founded, as contained in the instrument itself. Now, sir, I believe it is our right, and not only our right but our duty, to test this question. Whether the treaty will be reformed or altered I do not know. I see that one of our Representatives in Washington has introduced a bill on this question, but I do not know what it will accomplish, even should it pass. But I want to test this matter in an open, direct, and manly way. I want it decided on a square basis. If we are overthrown, well and good, let us be overthrown upon a plain question, and not undertake to do it in this indirect and unsatisfactory manner, which will make us the laughing stock of the country. Now, section one of the article which I have prepared, says that "all Mongolians within this State shall be required to remove therefrom within four years from the time this Constitution takes effect. At the first session of the Legislature convened hereunder provision shali be made for iudicial pro^edings to compel such removal, and for the seizure and sale of so much of any property of such Mongolians who may not theretofore have voluntarily departed within the period herein limited, as may be necessary to defray the necessary cost of their removal from this State to their native country." Now, it has been argued that we had the right to take them after they got here and locate them on a sort of a Chinese reservation, as the Government of the United States locates the Indians upon reservations removed from the settlements, where they are kept under the control of the government. If we can do that; if we have the power to designate one place, we have the power to put them out of the otate. If we have a right to place one single restriction upon the residence of the Chi- nese here; if we have the right to locate them upon any given qnarter section of land in this State, or put any limit upon them whatever, upon the ground that it is necessary for t^e protection of the public, why, then, if we think it is necessary for the protection of the public to make John go further, go out of the State, we have the power to make him go. "All Mongolians within this State shall be required to remove therefrom within four years from the time this Constitution takes effect'' Now there is something direct about that proposition. [Laughter and applause.] It is a direct intimation to the Chinaman that his company is not desirable. [Laughter.] l^w don't laugh — that is the legitimate result, I submit — tlie legitimate, honest result of the views expressed upon this floor, and all else that seeks to strike at this thing is simply in my judgment cowardly and evasive. I am prepared to vote for it, because I believe, with my colleague from San Francisco, that the Mon- golian is a curse to our golden land, and because the prosperity and hap- piness of this people depend uix>n his ^oing. If anything is to be done that will be effectual, it must be something of this nature. We want this question decided by the Supreme Court ot the United States, and I have broadly declared here that we intend to exercise the power which we believe we possess to rid ourselves of this dangerous element, which is a perpetual menace to free institutions. Why not make this broad decla- ration instead of putting in such a provision as this : " The Legislators shall have and shall exercise the power to enact all needful laws and prescribe necessary regulations for the protection of the State, and the counties, cities, and towns thereof, from the burdens and evils arising from the presence of aliens who are or who may become vagrants, pau- pers, mendicants, criminals, or invalids afflicted with contagious or infectious diseases, and aliens otherwise dangerous or detrimental to the well-being or peace of the State, and to impose conditions upon which such persons may reside in the State, and to provide the means wid mode of their removal from the State, upon failure or refusal to comply with such conditions; providedf that notning contained in the foregoing shall be construed to impair or limit the power of the Legislature to pass such other police laws or regulations as it may deem necessary." I tell you there is nothing in it. It will accomplish no good what- ever. Now, I will take up section six, which provides that " foreigners inel- igible to become citizens of the United States shall not have the right to sue or be sued in any of the Courts of this State, and any lawyer appearing for or against them, or any of them, in a civil proceeding, shall forfeit* his license to practice law. No such foreigner shall be granted license to carzy on any business, trade, or occupation in this State, nor shall such license be granted to any person or corporation employing them. No such foreigner shall have the right to catch fish in any of the waters under the jurisdiction of the State; nor to pur- chase, own, or lease real property in this State; and all contracts of con- veyance or lease of real estate to any such foreigner shall be void." Now, why should we put in a provision that they shall not fish in the waters of this State, nor to purchase, own, or lease real property? If the Chinaman stays here — if you are going to allow him to stay here — he should have every privilege that everybody else has. He should be allowed to engage in any business he pleases, and earn his living. He should have the protection of the laws guaranteed to him, if he is to be allowed to remain here. But I say he shall not stay here. He is under- mining the welfare and 'prosperity of our people, and is the cause, in my iudgment, of nine tenths of the tramping leet going on all over the land. The great corporations, declaring dividends of seven, eight, and nine per cent, on stock watered four or five times over, have reduced the rate of wages so that the laboring man can no longer support himself, and wife, and little ones; and the corporations have been enabled to do this because of the jiresence of this cneap labor. Let us take the question up, and if we are going to deal with it at all, let us have something that will present the question fairly and squarely, and not go up to the Supreme Court upon a provision that will make us the laughing stock of the country — which is both a disgrace to manhood and a disgrace to the State. If you are going to keep the Chinaman here, give him the privileges of every other man, and let him earn his living the best way ne can. But if we believe, as I think we do, that his presence is injuri- ous and destructive to the very form of government under which we live; destructive to private rights and public morals; injurious to every interest of the State, there is no other way for Tnen to do but to come squarely up and say to him, you shall go, [Applause.] We will give you a reasonable time, so that the Supreme Court of the United States may pass upon the question of our power, and decide between us, but if we have the power, you shall go. [Applause.] • Dec. 12, 1878. OF THE CONSTITUTIONAL CONVENTION. 689 Xow, Mr. Chairman, I wish to offer this article as a substitute to the article reported by the Committee on Chinese. Ma. HILBOBN. I do not rise to make a speech, but simply make a motion that the usual number of copies be printed. The members will then have a chance to read it and stud^ it. Tbb CHAIRMAN. Such a motion is not in order in the Committee of the Whole. BPBICH or MR. MILLKB. Mb. miller. Mr. Chairman : Not having these amendments, pro- posed by the gentleman from San Francisco, and having had no chance to read them, I wish to ask him whether, in his plan, he proposes to prevent the immigration of the Chinese. Mb. BARNES. No, sir; there is no plan for anything of that kind. They can come as much as they like; but when they get here we will send them back. If this constitutional provision shall be declared to be constitutional, I don't think many of tnem will be disposed to make the trip. It has been decided that we cannot interpose any restrictions upon immieration, but upon the theory that when they are here we can remove or deal with them, I make this article. If we send them away when they do come, they will not be apt to come. Mb. HILBORN. I would like to aslc the gentleman a question. Mb. BARNES. Yes, sir. Mb. HILBORN. Whether vou will begin to remove them before the expiration of four years from the passage of this Act. Mb. BARNES. No, sir. Mr. MILLER. Then I understand the proposition. It is that the Chinese who are here, and those who come here, can remain for four years before they are to be disturbed, before we make any attempt to rid ourselves of them ; and the Chinese who are not here can come for the next four years, without any effort on our part towards their prohibition. That is the sum and substance of this proposition. The otner matters contained in the article are merely details. Now, I do not see anything brave in that. [Laughter.] I do not denounce it as cowardly, as the gentleman did the report of the com- mittee. I expected, when he got through with his denunciation of cow- ardice, that he would propose something that was the very essence of braTcry — something warlike [laughter] j that he was going to do some- thing that would involve some responsibnity. Instead of that, what does he propose? Why, to entail this evil, this curse which he denounces with such fiery eloquence, as a perpetual menace to free institutions, as a di^jace to our civilization, as the destroyer of domestic peace and tran- quillity— to entail this evil upon the people of California for four years more, without making a step to relieve ourselves from it. And as he considers that the State has the power, and is the proper authority to deal with this question, it seems to me he puts off the day of remedy for a long time. Now, I must confess that the gentleman frightened me, and I sup- pose the other members of the committee were frightened also. We are a committee of very cowardly and unwarlike men, but we were trying faithfully to devise some plan whereby the State could relieve herself from this evil. In our humble, quiet, and peaceable way we did what we thought was for the best. I do not agree with all that the commit- tee— the maiority of the committee — have done in respect to these last sections, and particularly in relation to the non-employment of China- men. I opposed them in committee as improper to be offered to this Convention, but a majority of them agreea to it, and it was reported. Now, from the reading of the proposition offered bv the gentleman from San Francisco, Colonel Barnes, I do not see that it is verv much of an improvement upon these sections reported by the majority of the Committee on Chinese, in respect to non-employment. We say that we will deal with the paupers, vagrants, and criminals, as we have the undoubted right to do. We never pretended, never asserted, never inti- mated that this was a complete remedy for the Chinese evil. But we, in effect, said that in our view of the Constitution the powers of the State, under the Constitution of the United States, and the treaties made in pur- suance of it, that all we could do was to deal with this class that were admitted to be dangerous — that class of persons which no foreign gov- ernment has any nght to allow to depart from their shores, to import into our country under any pretense of law. I explained that under the operations of the first section. I thought we could begin a system of deportation at once, in perhaps a simple way — not such a grand, warlike way as the gentleman from San Francisco would do, but in what I believe to be a legitimate and lawful way. I stated my belief that under the sec- tion we could debar from the State about five thousand of these people Eer annum. I believe so still. By that means, before the gentleman will ave blown a single blast to call to battle his army for the banishment of the Chinaman, we will have rid the State of twenty thousand of the very worst of these people. What the' gentleman expects to gain by placing California in open conflict with the treaty I cannot see. If we send five thousand back every year it will have some effect in stopping immigration; not, perhaps, a very great influence, but it will exert some influence in stopping immigration; that is all weclaim ; that it will have a tendency in tnat direction, because we know that these people are aided in coming here. They have not the means themselves to get here; they borrow the money — raise money in some way — by which to get here. They mortgage themselves; they mortgage their wages and Uieir children — anything they have; mortgage their toil and labor for years in advance in order to raise the means requisite to bring them here. Now, we thought, by deporting five thousand every year the people in China who are in the habit of loaning this money, and giving aid to these people to come here, would at once see that they were in danger of losing the money by reason of the forced return of these peo- ple back to China. It would give them reason to fear that they would never get back their money, and* they would be more careful about making these investments. That is one of the reasons why we pro- 87 posed that section. We never pretended, we never dreamed, that it was going to settle the Chinese question. I do not think it is necessary for me to further argue the question of the power of this State to Qualify an Act of Congress, or to abrogate a treaty, or any part of it, maae by the law-making power of this country. I say I do not think it is necessaiy to argue that question further, because the arguments that have been adduced on this side of the question have not been answered. They have never been touched. The gentleman who has just taken his seat has certainly not answered the arguments of the gentleman from San Francisco, Mr. Wilson, or any part of his argu- ments. I think that question has been so thoroughly discussed, and the arguments are so conclusive, that it may be considered settled that the remedv, the full remedy, for this evil of Chinese immigration, rests not with the State but with the General Government Gentlemen seem to forget here that when the framers of the Constitution made that instru- ment they did something more — they created a nation among the powers of the earth. They created a national sovereignty upon the face of this planet. That governmental sovereignty, that governmental power, has oeen maintained in the face of the world with tolerable success up to this time. The^ seem to forget that every State in this Union is a sub- ordinate sovereignty to the national sovereignty; that the States have no relations with foreign powers; have not the power to make treaties, nor the power to repeal treaties. I do not believe the State of California can repeal the Burlingame treaty ; I do not believe that any gentleman who has studied the question thoroughly, who understands the theory of our government, and the objects of our government, its purposes, and its powers, will contend for a moment that the State has the power to repeal, or alter, or abrogate a treaty made by that government, or an Act of Congress either. Now, I am not going to repeat the arguments that have been made here by my friend from Marin, and other able gentlemen, in respect to the danger in the State's setting itself up in defiance to the Federal Government. I think it has been sufficiently demonstrated here that it is an unwise policy to pursue. I have no doubt there are a great many men in California who are perfectly willing, at any time, to implicate this State in a conflict with the Government of the United States. They say this will be no conflict, or, if it is, it will be nothing but a peaceable conflict. Now, suppose you pass an Act inhibiting Chinese immigration, or any other law in respect to this question, clearly violative of the Con- stitution of the United States. Suppose you prohibit vessels bringing these people into the ports o^ the State. You must pass some Act of the Legislatqre to carry out your prohibition. You must appoint officials to execute its provisions, and prevent the landing of these people. How will you do this? Your ofncers go aboard these ships and say to the captain, you must not land your passengers, the State forbids it. Well, suppose they say, we have the right to come and we will come. You take charge of these vessels, and put them in duress, you quarantine the passengers, until the case comes up in the Courts to try the validity of the Acts of your Legislature. The case is carried up to the Supreme Court of the United States, supposing that the Supreme Court of the State has decided in your favor. What have you gained ? Why, you have simply stood up to be knocked down. Mr. BARNES. What do you mean by saying that the Chinese should not fish ? Mr. MILLER. I have not proposed any such thing. The gentle- man had better ask that question of somebody else. I have not pro- posed, and I shall not suppoi^ this fourth section. I am quite satisfied that it is not in the power of the State to pass any such law. I hold in the first place that the Chinamen have some rights of some kind. There are two kinds of domiciles. One is a political domicile entitling the party to all political privileges. Another is the social domicile, under which he has the right of social domicile, but has no political rights, but has some rights. You cannot murder him with impunity. You cannot deprive him of his property. You cannot deprive him of the right to live. He has a right to what he owns, and he has a right to what he earns ; and I say the right to labor is as high a righi as the right to live, because it involves the right to live ; the one includes the ot er , because all men must live by labor. If you deprive a man of the right to labor you deprive him of the power of subsistence. A man cannot live upon air. He cannot live on water. He cannot live on the ele- ments. He must live on something raised from the soil. Deprive him of the right to labor and he must starve. I say you cannot do that with any human creature. It is a pernicious principle upon which all these sumptuary laws are founded — like a law saying that a man shall drink what the State prescril>es. If you can ^ that far, you can go further, and enter into his house and see what kind of a fire he shall build ; what sort of a house he shall have; and what sort of clothes he shall wear. I say I will never sustain any such propositions. I am willing to go as far as the power of the State will permit us to go, and that is, in my view, to prohibit the dangerous classes, such as criminals, diseased persons afflicted with contagious and infectious diseases, and paupers, from residing here. That class of persons are included in the section favored by the minority of the committee, but none others. It has been shown conclusively by the gentleman from Marin that this class are not included in the treaty. There is no treaty with any government with whom the United States have relations, which author- ises them to cast upon our shores any such class of persons; but it does not follow that we have power to prohibit the whole nation, for they are not all of that class. There are other kinds of people. They are not all bad. They are not all paupers and criminals. And if you drive out the whole nation, declare tnat they are universally bad, you do something which .you have no right to do. Right and reason will not sustain you in it. The law will not sustain you. It is a violent assump- tion on your part which the law will not permit you to profit by. It is a violation of^ the United States law regulating commerce. Now, what is commerce? What is commercial intercourse? Com- DEBATES AND PROCEEDINGS meme does not mean eimply to trade. It maans inlcrcoiii of the people of one nntiao with the people of another natioa. Y cannot carty on commerce without intercourse. You cannot carry commerce within the meaning of thia treaty unless a certain number of the people of the other nation may reside in ;our country. This thing has been very veil explained. I say it is not in the power of any State to dictate \1> the Gavemment of theUniled BUtes. Ua. HERRINGTON. I wish to ask the gentleman u question. Ma. MILLER. Certainly. Ha. HERKINGTON. Ib there not a distinction. a«me reside here for work. Some do washing, some cook, and they enter into various employments in this State, which have no reference to intercourse with other Statea. Such residence has nothing whatorer \o do with cora- Ua.'MILLER. I think it has. All ktndsofbusiness pertain tocom- merce. They have a right to come here and (ravel around through the countrT, and stay as long as they like. I think, in the present state of the public mind upon this question, it in unnecessary to put in an ille- gal thing. And if we did put in such a provision it would do no good, because, if the people of Caliromia show a spasmodic disposition on this subject; if we adopt these unconstitutional provisions, it will prejudice deport ourselves in this matter in a digniSed and leeal manner. That Is my position. Now, my whole life and conduct nave shown that 1 have been sincere, and uniformly opposed to Chinese immigration. I have been opposed to it for yean — ever since my attention was called to the subject, and it is not in the mouth of any man here to rise and say because I believe the Constitution of the United Slates prohibits us from adopting these measures, 1 am insincere. Ho man has a right to say it, or intimate it. No man has a right to say it of any member. We are here to act upon our judgment and consciences; and God being my helper, I intend to do it, and I can say to the people that I have acted here upon what I believe to be reasonable, legal, and just, 1 believe the people of California will sustain me. I ilo not believe it is cowardly to take such a course. I do not believe it is ever cowardly to do right. [Applause.] I am not hrava enough to violate tlie Conalitution of the United States for the purpose of this question, or any other queatiou, or for any other purpose. [Applause.] Now, sir, haven't there b(«u tests enoughl Haven't these questions been decided end settled over and over again T You all know it ; and under the preteitt of making a test case, you propose to violate the Con- stitution of the United States. You can do as vou like ; 1 shall not do it. I am too cowardly to do it, if jou please. 1 do not propose to say anything upon this suhject; I have said all 1 wish to say, as J do not wish to go over whet has already been said. It has been ably and lib- enlly debated; nearly everything that can be said on either side has been said, I arose simply to vindicate the committee and myself from these aspersions — that the conduct of the committee in reporting these first and second sections was oowaidly. Ma. BARKE3. Mr. Chairman : I was inclined to think my friend EWtm San Francisco, General Miller, was joking when he rose to his feet and said he was afraid when I commenced what I bad tusay. 1 thought he meant it as a joke. But I was inclined to think before he got through that he was afraid. Bometbina or other was the matter— tha" he didn't seem tocomprehend the remarks'I made. Ma. MILLER. I was scared. [Laughler-l Ma. BARNES. Nobody is less inclined than myself to charge thi entleman with cowardice, and nobody has charged him with cowardice i hes been a brave and valiant soldier in the army of his country, and everybody knows he is mil afraid, and nobody hi so or to think BO. I was Ul ' way to meet this question v cannotbedenied,lhatall the provisions contained in the article as sul milled are in fact evasive. Sow, I am not in favor of evasion. I ai in favor, either of leaving this whole subject alone, or making a radici article; one that is fair and just; one that is fair and just to the Chines fair and iust to oiirselvea. And that is no crime, as I insist, again the Constitution of the United States; and I (in not think any gentli man need be afraid to sustain that, or any other proposition that advanced here upon principle, because it may, in some sense, seem to I against the Constitution of the United Slates. Lawyers r"-"— -■ le Court settles le way or the other. judges decide, and the Supi _. ., Now, to say that this whole thing should eland upon the undoubted question of the police power of the Stalejis to say too Utile, An entirely „ jn of things exist now from what did eiist at any one of the questions wss passed upon by the higher Courts of nation. It is time to advance. The gentleman s^s his provision pro- vides for the deportation of the criminal claases. 'That object iaatlamed by Ihe proposition I submit, which takes effect immedialelv. That pro- vision deals with the criminal class, with which we have the undouhted right to deal. I propose to do thia, either by general taiation, or by requiring those who employ them lo pay in some form to the govern ' something that should provide a fund, at the end of a given time, amployed for the deportation of those who belong to the diseased cl J propose to put the time at four years, and the gentleman saya, why not have it operate at once. I say they are entitled lo notice, and four deal with them— a reasonable and fair length of time for all concerned. As far as the criminal classes are concerned, that provision takes effect Now, it is possible, barely possible, that as the science of jurisprud< grows, it has taken, and will uke, ateps in advance as to what are un stood lu be popular rights. I do not suppose there is a distinguished lawyer on this floor— the gentleman from San Francisco, Mr. Wilson, the gentleman from Marin, Mr. Shelter, or the gentlema clsco, General Miller, lawyer as well as general — who wouia umienaM to say that in five yeara, or ten yean, the higher Courts may not have taken advanced doctrines as to what are considered popular rights. Such advances are □ecessaiy in order to keep pace with the changed condition of things. The bearing of circumstances may change and alter the condition of things, and the law, being a pri^resuve science, will move along and keep pace with this change; and ifvre put a clause in the Constitution that will permit this question lo be reopened and reexamined, no man domI be afraid of this being in the nature of a defiance of the Constitution of the United States. It is the only way to test it. It is the legitimatCj legal, honorable method of testing it, aud having our powers and our rights defined. It does not require either bravery or cowardice, and it was not necessary for the gentleman to asy that no man bad a right lo charge bim with insincerity, for no one did charge him with it. Ma. MILLER. I did not allude to you. Mb. KLEINE. Suppose the four years eipirea, and the Chinese do not goT We want them to go. M a. BARNES. J propose to make them gn. Ma. KLEINE. Perhaps it will lake four years longer to make them go. Mr. BARNES. We have a way lo make them go: but we wilt do it according to the forms of law. It ia my purpose to deal will ject, not only in view of the powers which it is admitted we to try and see if we have not something more. He gets nothing who asks nolhing. If we fail to assert our powers, we will reap no benefit from them. They aay we can deal with this subject under our police power, but that is as far as we can go without running counter to the Conatitution of the United Stales. I have no fear of hurting the Cooati- tullon of the United Stales. But what ! do aay is, that we shall a how far a treaty can infringe upon the powers rightfully belongii the State. If we believe we have rights, let us maintain those ri and let the United States Courts draw the line. No harm is done lo mo government, because the Courts of that government are the ones we appeal to. The Constitution of the United Slates will stand forever, against Ihe storm and tempest, like Uie lighthouse upon the rock-bouni! coast. The waves beat against rt, but still it stands. No man prtienda !lairo any such thing, and it would be folly if he did; and the gentle- 'XV. cL We put it ic tw,"and if'the Supreme Court shall d. comes to be tested, that will be the end of it. But ir, U advanced step, in accord with the progress of the age, Ihey sha "' mpliahed somethi'iig of consequence. is Stale in thai iiagogie but myself. It would lept silent, and agreed drift in Btralghl lines except myself. I have nobody to plea have been far more agreeable if 1 could havi with my friend Wilson. Generally my viet advance lo meet a popular demand and a popular necessity. I am so much personally interested as many others. I can live somewh else as well as here. Chinese immigration atrikea no blow at me. 1 I do not want to see this beaulifiil land the home of barbarians. 1 w. to stop it; but I want to deal with the matter in en open, manly w that the men who employ these Chinamen shall be held responsil I do not claim that this ia going to raise wages, or assist the labor- ing classes, except to give them the work which is now performed i>T Chinamen, I do not Believe that the Chinamen'a going will help llie laboring classes as far as wages are concei ' laws which reach far beyoiid that, 1 ht in that aspect nl all. I think that Bo Ion they will be comparatively low here. bring laborers here from the East, and t the supply. There are others who are iiitereal«l in this quesi great an extent as the laboring clossea. Tlie taxpayers, who ■e natural scussed Ihi •a are low a lod vitally interested. The Chinese hi a great v iterestad, government within a go'- emmeui, wnicn is stronger man ours. L.oak at the one hundred and twenty thousand Chinese in thia SUte. how few of them resort lo our Courts lo settle tbeir own difierencea. them litigating, but it is not general. TUey punii their code of laws independent of our Courts. Thev have their own code of laws. They buy end sell property according'to the laws of the Empire of China. Whether Ihis change will help the laboring dssees I great assistance, or that Iheir salvation is lo be worked out in this war. I did not intend lo sa^ this much at ihis lime, but I wanted to oorrei^ preseiona that had gone out, and make myself under- it the committee ri : I believe the quel- 6'Donneii. Thi chairman. Yes, sir. The SeoreUry will read it. Tna SECRETARY read the amendment again. Ma- HOWARD. Mr. Chairman: 1 am opposed lo all these amend- ments- I prefer the original section as presented by the Committee on Chinese, because it goes further and i« more elfective than any of these Dec. 12, 1878. OF THE CONSTlTaTlONAL CONVENTION. 691 amendments. Kow, sir, the first section proyides that " the Legislatare shall have and shall exercise the power to enact all needful laws, and preacribe necessary regulations for the protection of the State, and the counties, cities, and towns thereof, from the hardens and evils arising from the presence of aliens, who are or who maj become vagrants, pau- pers, mendicants, criminals, or invalids afflicted with contagious or infedious diseases, and aliens otherwise dangerous or detrimental to the well-being or peace of the State, and to impose conditions upon which such persons may reside in the State, and to provide the means and mode of their removal from the State upon failure or refusal to comply with such conditions; provided, that nothing contained in the foregoing shall be construed to impair or limit the power of the Legislature to pass such other police laws or regulations as it may deem necessary." Now, sir, all the criticisms upon this first section are unmerited, because, under it, if it is adopted, the Legislature can provide for the removal of all persons, and especially all Chinamen, who are deemed dangerous to the safety and well-bemg of the State. 'And under that section, sir, every Chinaman in the State, if the Legislature declares him to be dangerous to the peace and safety of the State, can be removed out of it, and at once. There is no four years about it Therefore, I am in favor of that section. And I may say, as a general thing, that after a committee have spent weeks upon a subject, and the majority bring in a report, I am loth to offer or accept amendments. Now, my plan is to adopt the report of the committee down to the sixth section. To adopt the fifth section and stop, because, I think, these sections cover the whole question. As far as the arguments that have been presented here are concerned, I am somewhat astonished, in view of these arguments, that the able gentleman from San Francisco, Mr. Wilson, and the learned gentleman from Marin, Mr. Shafter, should be willing to support this first section. They see nothing unconstitu- tional in that, they see nothing wrong in that, though, in point of fact, it gives us power to remove every Chinama#in the State. There is another reason in favor of adopting several sections in regard to this subject — because it is a well settled principle of oonstruotion, that in all laws one section may be constitutional and valid, and another unconstitutionsd and invalid. And therefore it is that if we adopt the first section and it shall bo held to be constitutional and valid, as the gentleman from San Francisco and the gentleman from Marin say they Delieve, then, at least, we will have accomplished so much. Now, sir, as to those arguments which have been addressed here to the proposi- tion that the State is bound— absolutely bound — by what the Federal Government does, and has no recourse— cannot resist — when they adduce such arguments they do so against the plain decisions of the Supreme C^urt of the United States. I stated yesteixlay that these six Judges in the Passenger cases had declared that the State had the power, as a matter of self-defense, to protect itself against injurious legislation by Congress, if attempted. I now find that I was mistaken as to the number — ^there were seven. In reviewing it again to-day, I find that Judge McLean says that in giving this power to Congress, the States did not part with the power of self-preservation, which must be inher- ent in organised communities. They may guard against the introduction of anything which may corrupt the morals or endanger the lives and health of the citizens. There were seven Judges agreed on that point. And no case has been produced — no case can oe produced — overruling that decision. Judge Wayne says that if Congress should ever under- take to paas a law which, against the wishes of the people of the State, were to impose upon her a dangerous class of citizens, such law would be pronounced unconstitutional; and a treaty stands no higher than a law of Congress. All the decisions go to the extent that a Taw of Con- gress or a treaty in violation of the Constitution is void, and has no legiJ existence whatever. Now, if the committee will bear with me a moment, I will read a few sentences from the opinion of Judge Wayne : ** But I have said the States have the right to turn ofi* paupers, vaga- bonds, and fugitives from justice, and the States where slaves are have a constitutional right to exclude all such as are, from a common ancestry and country, of the same class of nlen. And when Congress shall legis- late— if it ie not disrespectful for one who is a member of the judiciary to suppose so absurd a thing of another department of government — to make paupers, vagabonds, suspected persons, and fugitives from justice subjects ot admission into the XJnitea States, I do not doubt it will be found and declared, should it ever become a matter for judicial decision, that such persons are not within the regulating power which the United States have over ooqamerce. Paupers, vagabonds, and fugitives never have been subjects of rightful national intercourse or of commercial regulations, except in the transportation of them to distant colonies to get rid of them, or for punishment as convicts. They have no rights of national intercourse; no one has a right to transport them, without authority of law, from where they are to any other place, and their only rights where they may be are such as the law gives to all men who have not altogether forfeited its protection. "The States may meet such persons upon their arrival in port, and may put them under all proper restraints. They may prevent them from entering their territories, may carry them out or drive them off. But can such a police power bo rightfully exercised over those who are not paupers, vagabonds, or fugitives from justice? The international right of visitation forbids it. The freedom of liberty of com merce allowed by all European nations to the inhabitants of other nations does not per- mit it; and the constitutional obligations of the States of this Union to the United States, in regard to commerce, and navigation, and naturali- sation, have qualified the original discretion of the States as to who shall come and live in the United States." Now, sir, that is what the Court said; that is what the Court deter- mined. That is what Justice Wayne said ; that is substantially what Justice McLean said. And Judge Grier, 7 Howard, 450, says : " It must be borne in mind (what has sometimes been forgotten) that the contro- versy in this case is not with regard to the right claimed by the State of Massachusetts, in the second section of this Act, to repel from her shores lunatics, idiots, criminals, or paupers, which any foreign country, or even one of her sister States might endeavor to thrust upon her; nor the right of any State, whose domestic security might be endangered by the admission of free negroes, to exclude them from her borders. The right of the States has its foundation in the sacred law of self-defense, which no power granted to Congress can restrict or annul. It is admitted by all, that those powers which relate merely to municipal legislation, or what may be more properly called internal police, are not surrendered or restrained; and that it is as competent and necessary for a State to ' provide precautionary measures against the moral pestilence of paupers, va^bonas,and convicts, as it is to guard against the physical pes^tilence which may arise from unusual and infectious articles imported.'' ** * * Now, these were cases in which the State of New York and the State of Massachusetts attempted to impose a tax upon passengers arriving from foreign countries. That is, they first attempted to require a bond from the master of the vessel that such parties should not become a charge upon the State. The Act provides that they might go on board the ship, take a list of these passengers, see who they were and where they came from, exact a bond from the master of the vessel in the sum of five hundred dollars, or any other sum, that these people should not become a government charee. In lieu of a bond it provided that they might accept a tax of one aollar and fifty cents from each passenger. The Court aecided that this was a restriction of commerce, ana therefore contrary to the Constitution of the United States and void. The opin- ions that I have just read go to the extent of giving the State power to protect itself against paupers, vagrants, and criminals. The second plan presented here in this report goes to the extent of compelling prohibition of Chinese immigration. Now, that is a solemn decision of the Supreme Court of the United States, and I challenge the ^ntleman to produce anything to the con- trary. Now, sir, I was particularly lost in admiration at the ingenious manner with which my learned friend from San Francisco, Mr. Wilson, touched this matter. He talked all round the point, and when I put a question to him, he tried very hard not to answer it. He is too skillful and wary to put his foot in it, as he would have done had he answered the question. Mr. WILSON. I thought I had answered you very successfully. Quite a number of the people said so. [Laughter.] Mb. HOWARD. You didn't answer me at all, and how it could have been successful, I do not know. He was absolutely dumb, and made no retort. He answered in the only way he could, by remaining silent about it. Now, sir, I say if this people are dangerous, as they are admitted to be, our power to expel them is undoubted, according to the emphatic decision of the Supreme Court of the United States. Are they not dangerous? Who denies it? Who dares to deny it? Have they not a government of their own here, independent of ours, by which they administer law and life in open defiance of our law? Why, there is a sect in India known as Thugs who murder everybody but their own sect. Suppose that a cargo of Thugs is about to be introduced from India and landed here. Are we compelled to submit to their introduc- tion within our borders? Judge Wayne, Judge Greer, and a majority of the Court of eighteen hundred and seventy-seven, say no. We may meet them on the shore and prevent their landing; or, if they landed, send them away. That is law and common sense. But, according to the doctrines of the gentlemen from Marin, we would have to wait until the Thugs commenced to murder our people, before we could interfere and send them away. Again, sir, suppose the United States Government should, by subsidizing a line of steamers, bring a lot of cannibals here. Do the gentlemen mean to say we cannot meet these cannibals and turn them away. According to the haggling doctrines of the gentleman from Marin we must wait till they have eaten a man clear up to his eyebrows before we must say a word. We must not even protest against it for fear of hurting somebody's feelings. It is absura. There is no sense in it. There is no reason in it. And being destitute of common sense and reason, it cannot be true as a proposition of constitutional law. TUB FBKVIOnS QUESTION. Mr. LAINE. I move the previousquestion. Seconded by Messrs. Schell, Rolfe, West, and Smith, of San Francisco. Thr CHAIRMAN. The question is, Shall the main question be now put? Carried — ayes, 65 ; noes, 37. Trb chairman. The first question is on the amendment proposed by the gentleman from San Francisco, Mr. O'Donnell. Lost—ayes, 1 ; noes, not counted. Thr Chairman. The question is on the amendment offered by the gentleman from San Francisco, Mr. O'SuUivan. Mr. FILCHER. Mr. Chairman, is it offered as a substitute, or as an addition to the section. The chairman. As a substitute. The substitute was rejected. Mr. brown. Mr. Chairman : I desire to offer an amendment. Mr. BARNES. Mr. Chairman: I understand that I will have to offer my proposition section by section; that it cannot be submitted as a whole article. Thr chairman. Take them up and offer them section by section as we reach them. Mr. BARNES. I move that the preamble and section one be adopted as a substitute to section one, as reported by the committee. Thr secretary read : "The people of California, while recognizing the paramount author- ity of the United States of America to regulate commerce and intercourse with foreign nations, and all treaty obligations, demand, as they possess DEBATES AND PROCEEDINGS may be iboliabed, aud themaelvea protected ating population, incapable of the duti ' intelligent citiienahip must be the rel: from a vicloue, r American citizecsbip. of represeDtative government, bu iuum< uie {jiEiieai:e ui urgn numueni peraoDt, incsipftble of such citiieaeblp, be iU perpetual menace. "In the imitiedUte presence of thia danger, and threatened with itingencynotfon and therefore not anif demanda the following "Suction 1. All Mongol iana within thia SUle ahal! be required te talces effect. At the Qnt Besaion of the LegialaL^ire conTening hereunder provision ahull be made fnr judicial proceeding! to compel uch removal, ■nd for the aeiiure and aale of bo much of any property of such Mon- golians who may not theretofore have voluotanty departed within the period herein limited, as may be necessary to defraj the neceasary cost of their removal from Ibis Stale to their native country." Thi chairman. The question ia on the amendment. Mm. BEEE8TECHER. I desire to have Colonel Barnes' propoailion printed. I therefore move that the oommittee rise, report progreia, and ■sk leave to sit ag«u. Carried. Ayes, 80; noes, 35. IN CONVENTION. TBI PRESIDENT, tientlemen : The CommitUe of the Whole hai 'initructed ma to report that ihey have had under eonaideratiou the report of the Committee on Cbineae, have made pragreaa, and ask leave "m'b. HukaTis. Ub. ETEDMAN. I hope the gentleman will withdraw' the temporarily, so as to permit the gentleman from Sao Franciica, Colonel Barnes, to make a motion which he deairea to make. Ma. HDE3T1S. I withdraw it. Ml. BARNES. I move tbal the preamble and article submitted by myself be printed and laid on the desks of members to-morrow morning. I want the propoai lion te have a fair consideration. Ma. BEER8TECUER. I move as an amendment thalall the sections be printed — four hundred aud eighty copies — out of order. TBI PRESIDENT. That is the motion already. Ma. ROLFE. 1 would like to know whether the prinlera can and iret it back here in time. •■ TBI PRESIDENT. Yea, air. Mb. PILCUER. I move as an amendment that it be printed in the Journal to-morrow morning. Carried. Mb. STEDMAN. I move we now adjourn. SEVENTY-SEVENTH DAY. SicBiiuiKTO, Friday, December 13Ui, 1878. The Convention met io regular session at nine o'clock and thirty min otea 1. H., President Hoge in the chair. The roll waa called, and membeiB found in attendance as follows: Lew'C"' Lindow. MansAeld, Martin, of Alameda, Martin, of Santa CruK, McCallu^, Andrews, Ever, Ayen, Farrell, Barbour, Filcher, Bame.,' Finney, Bany, Freeman, Barton, Freud, Gsrvoy, Belcher, Gorman, Grace, Boggs, Graves, Boucher, G^gg, Brown, Bart, sue Capl^, Hali; CaiiSy, Harrison, Chapman, Harvey, Charles, Hetskell, Condon, Herold, Cowden, CroMi, Hilbom, Croutlh, Hitehoock DdvU, Holmes, Dean, Howani, Dowling, Huestis, Dojle. Hughey, Dudley, of Ban Joaquin , Hunter, Dudley, of Solano, Dunlap, Johnaon, Eagonf Jones, Joyce, Eatee, Kelley, Eatey, Koye., McConnell, McCoy, McFarland, McNutt, Miller, MilU, Moffat, Moreland, Neunaber, Noel, O'Donnell, Ohieyer, O'Sullivan, Porter, Beddy,' Van Walt Sweasey, Web< Swing, Well Terry, West Townsend, wib. Tully, Wils. Turtle, Wya( Van Dyke, Faweett, Pulli Glascock, Shoe Murphy, 1^ Reed, Reynoldi, Rhodea, Ringgold, Rolfe. Schell, Schomp, Shafler, Shurlleff, Smith, of Sante Clara Smith, of 4th District Smith, of San Francisc Soule, Leave of absence fb cock, and Vao^uerel. Two days leave of absence was granted Measr Ma. EVET. Mr. President : I move that the reac be diapenaed with, and the same approved. Ma. WINAN8, from tbe flbmrnittse a di, flfij-llina, anj-ave, >litT4eT«n, mantj-Blne. Dr, too hnndnd utd tl]il74fv(in, two handnd and uij and Dflmi, thm hundred and elcbtj. foor bundnd and day was gr»Dted Mei '.T™ SSWIOM easential to the preservation of the rights ai Legislature shall encourage, by all suitable means, intellectual, scientific, moral, and agricultural inipro Sbc. :. A Superintendent of Public Instruction subemalorial election after the adoption of this Cons lour years thereafter, be elected by the qualified v He shall receive a salary equal to that of the Secri upon the duties of his office on the first i __ _ ^t of Schools for each coui by the qualified voters thereof at the first gubernal every four years thereaRer; prouiifcrf, that the Legisia '~ re counties to unite and elect one Superii] uniting. Tbe proceeds of all lands that have been < by the United SUtes to this State for the-support « which may be, or may have been, sold or dispiued of, dred thouaand acres of land granted to Ihe new SUb Congress distributing the proceeds of the public lands Sutes of the Union, approved A. D. one thousand e forty-one, and all ai" " ' ' ' ' It leaving a will o. .and al granted by Congress on tbe sale of lands nain a perpetual fund, the interest of which f the unsold lands and audi other meant may provide, ahall he inviolably appn^priated to the i schools throughout the Slate, subject to tbe provisio Sec. i. The LejEislature shall provide for a system least sin months in every year, after the fjirtyear, in been esteblished ; and any school district neglecting U port snrh a school, shall be deprived of iU proportioi the public fund during such neglect. Sao. A. The public school system aball include | Dec. 13, 1878. OF THE CONSTITUTIONAL CONVENTION. 693 mar schools, and such high schools, evening schools, normal schools, and technical schools, as may be established by the Legislature, or by munic- ipal or district authority; but the entire revenue derived from the State School Fund, and the State school tax, shall be applied exclusively to the support of primary and grammar schools. Skg. 7. A State Board of Education, consisting of two members from each Congressional district, shall be elected bv the qualified voters of the district at the first ^bernatorial election after the adoption of this Constitution, who shall hold their office for the term of four years, and enter upon the duties thereof on the first Monday of January next after their election; provided^ that such membexs first so elected shall be divided into two equal classes — each class consisting of one member from each district — ^and that the first class shall go out of office at the expi- ration of two years from the commencement of their term of office; and at each general biennial election after such gubernatorial election, one member of such Board shall be elected from each Congressional district, i BO that one half thereof shall be elected bienniallv. The Superintendent of Public Instruction shall be ex officio a member of such Board, and President thereof. Skc 8. The State Board of Education shall recommend a series of text-books for adoption by the local Boards of Education, or by the Boards of Supervisors, and County Superintendents of the several coun- ties where such local Boards do not exist, but such recommendation shall not be compulsorv. After the adoption of a series of text-books by said Boards, or any of them, such books must'be continued in use for not less than four years. The State Board of Education shall also have control of the examination of teachers and the grantfng of certificates. They shall possess such further powers and perform such further duties as may be prescribed by law. Sxc. 9. No public money shall ever be appropriated for the support of any sectarian or denominational school, or any school not under the exclusive control of the officers of the public schools. Sbc. 10. ThiB University of California shall constitute a public trust, and its organization and government shall be perpetually continued in their existing form and character, subject onlpr to such legislative control as may be necessary to insure compliance with the terms of its endow- ments, and of the several Acts of the Legislature of this State, and of the Congress of the United States, donating lands or money for its support. It shall be entirely, independent of all political or sectarian influences, and kept free therefrom in the appointment of its Regents, and in the administration of its afiairs. The PRESIDENT. The refwrt will lie on the table and beprinted. Mk. HILBORN. The Committee on Mileage and Contingent Expenses report the following resolution, in relation to the ice bill of December, and recommend its adoption : Ruolved^ Th«t the ram of thirty-three and eighty one hundredths dollara be appropriated, out of the fnnd for carrying on thic Convention, to pay the bill of the Pttcillc Ice Company for the month ending December first, eighteen hundred and verenty-eight, and that the warrant be drawn In fkvor of the Sergeant-aVArms of thle Coorentlon. Adopted. PKTITIOK. Mb. swing presented the following petition, signed by a number of Hhe citizens of San Bernardino County, against any provision prohibiting appropriations for charitable purposes : San Bernabdiiio CouNf t, California, Norember 12, 1878. To Honorables Byron Watem, H. C. Bolfe, and B. G. Swing, members of the Con- stitntlonal CouTentlon of Calif«niia: The undersigned, your conetituenta, hereby petition each of you to oppose the inaertion of any clause or clauses In the new Constitution that will forbid or in any manner restrict future Legislatures fh>m appropriating any State moneys to private orphan asylums. Very respectfully. Referred to the Committee of the Whole. NO MORI ICB. Mb. HILBORN. As there seems to be some opposition to the pay- ment of the bills, I move that the Sergeant-at-Arms be directed to dis- pense with the further use of ice for members. Carried. LIMIT TO TIMS OF 8PCAKIV0. Mb. WEBSTER. Mr. President : I desire to call up the notice I gave yesterday to amend Rules Fifly-six and Forty-three. Thb SECRETARY read : Amend Rule Number Forty-three so as to read as follows : RULE HUMBIR FOBTT-THBKB — TIMB8 A MIMBER MAT 8PBAE. No member shall speak more than twice on any one question, nor more than fifteen minutes at any one time, without first obtaining leave of the Convention, nor more than once until other members who have not spoken shall speak, if they so desire. Amend Rule Number Fifty-six so as to read as follows : BULB NUMBER FIFTT-SIX. The Rules of the Convention shall be observed in Committee of the Whole so far as they may be applicable, except that the ayes and noes shall not be taken, but the previous question may be moved ; provided, that when the previous question is sustained, it shall only apply to the amendments then pending, and other amendments may be onered to the section. Mb. WEBSTER. Mr. President: It will be observed that the only speaking ments are contained in that rule as read with tbis exception that I have mentioned. In amending Rule Forty-three the only change which is made is in adding after the word " question," in the first line, the words "nor more than fifteen minutes at any one time." That is all the amendments that are made. The one depends upon the other. With- out the one is adopted the other is useless. I think that the reason for these amendments are obvious to every member of the Convention. It is not the design to cut ofif any legitimate debate. It is simply to put it within the control of the Convention. The Convention ought to have more jurisdiction over it. The time of anv member will be extended whenever the Convention desires to hear htm. Therefore I think that the Convention should have control over the debate. Mb. TINNIN. I desire to offer an amendment to Rule Forty-six. Thb PRESIDENT. The gentleman will have to give one day's notice. Mb. TINNIN. I mean Rule Forty-three. The SECRETARY read : Provided^ That the Chairman of the sereral standing committees may have one hour when their reports are first read In the Committee of the Whole. Mb. TINNIN. I think that is fair. The remarks made by the Chairmen on the taking up of their reports have been interesting and instructive. Mb. WEBSTER. I think there will be no objection to its being added. I have no objection to accepting the amendment. This Convention will extend the time to any reasonable extent at any time. Mr. O'SULLIVAN. Mr. President: I am utterly opposed to this proposition to limit the time of speakers in Committee of the Whole to fifteen minutes. I look upon it as an attempt, after the great and elo- quent orators of this body have had full swing in making known their views, to choke off the*8mall fry, among whom I include mvself. I sub- mit to all fair-minded, candid men, that this would hardly be right or just. For myself, I have occupied the floor very little indeed, as all members know, not but what I would like to have spoken many times when I was silent, and was unable to do so. But tnere are questions coming up. for discussion in which I desire to take a part; questions on which I claim to be somewhat informed, and when I shall speak upon these questions, I will certainly require more than fifteen minutes to pre- sent my views intelligentlv. There may be only one single question on which I shall desire to be heard at any great length, but under this rule I shall be cut off— absolutelv gagged from having my full say. There is a subject to come up which I deem of vital importance, and one which I think should be fuilv ventilated in debate. I appeal to the common sense of the majority, if it is just to apply the gag now, when it will strike members in my position ? I have sat in this Convention, and voted con- stantly against all attempts to limit gentlemen to any specified time, on the principle of doing unto others as I would like to be done by. That is an excellent principle, which we should never forget, because if we act contrary to it, we may ourselves some time suffer for it. I appeal to the sense of justice of a majoritv of this Convention to vote down this propo- sition to alter Rule Forty-three. Mb. LARKIN. Mr. President : Upon the adoption of this amendment depends whether this Convention malces a Constitution or not. Seventy- six days of the time allowed in the Act are now spent, and we have' not completed half the work of this Convention. Alter the one hundred days, we have to depend upon our own resources. There will be no provision to pay us. The money will be exhausted in a few days more. We may draw warrants for the balance of the one hundred days after the fund is exhausted, but after the one hundred, days expire members will have to remain at their own expense. I do not believe that a majority of the Convention can afford to stay here two months longer to complete a Constitution. I think fifteen minutes is long enough time for any gentleman to express his position on most questions, and my expe- rience has been that when a man is talking to tne question the point is never raised. But the Convention should have the pawer to call time, so that speeches should not be made for delay. Members can say all that is necessary in explanation of their votes in fifteen minutes. Mb. STEDMAN. Mr. President : I shall vote in favor of the amend- ment offered by the gentleman from Alameda, Mr. Webster, but I shall not vote for the amendment to the amendment offered by the gentle- man from Trinity, Mr. Tinnin. I want to see all members upon this floor placed upon an e^ual footing. I want to see the fifteen-minute rule applied to all; and if a member is delivering an interesting speech, one in which the Convention is interested, the time can very easily be extended. I do not desire to see the amendment to the amendment adopted. I do not believe that the Chairmen want that advantage, or very few of them. Let us have the rule, and if the^ are not delivering interesting speeches, let us cut them off in fifteen minutes. Mb. KLEINE. I offer this, Mr. President : Rachftd^ That from and after the adoption of this Constitution no Mongolian shall be allowed to hare in his poasesilon any firearms of any deecrlption. The president. The resolution is out of order. Mb. RINGGOLD. Mr. President: I hope that this body will not adopt this fifteen-minute rule, because it will take more time than that to discover where the gentleman from El Dorado, Mr. Larkin, stands on any question. [Laughter.] I am opposed to it. Mb. ROLFE. Mr. President: I hope this gag law, as it is called, will be sustained. I do not call it a ^g law. I have made a calculation, to the best of my mathematical ability, as to the length of time that will be required to complete our work at the same rate of speed we are going now, and according to the calculation that I have made it will take until the first of next October. So any gentleman can see that our work will be useless. We must get it done by the fore part of May. I do not charge it to any gentleman here, and I do not suppose it has been done, but if there are any reasonable number of delegates here who are opposed to this Constitution, who are working to defeat entirely the work of the Convention, which I do not suppose there are, they could very easily do BO by talking against time, and there has been already too much talk on this matter. We have had enough talk. Let us get down to business. 694 DEBATES AND PROCEEDINGS Friday, Mb. WELLIK. Mr. President : I am rather sorrv to hear the gentle- man on the other side of the hall calling this gag law. I do not look upon it so. We have spent seventy-six days here, and what have we done? If we keep on in this way, when will we ever get our work through ? I believe that fifteen minutes is long enough for any delegate to tell all he knows. The Chairman should have more time. There- fore I hope the amendment will be adopted. Mr. cross. Mr. President : It seems to me that the time for four- hour speeches has gone by, and I am in favor of this fifteen-minute rule. We never will get through unless we adopt some such rule. Gentlemen have occupied a half day here talking about one thing and another that is not to the question at all. If this rule is adopted every member will confine himself more directly to the question, and in fifteen minutes he will be done, and the Convention will get through with their work more rapidly. Mr. smith of Santa Clara. Mr. President: I move the previous question. The president. The amendment of the gentleman from Trinity, Mr. Tinniu, has been accepted by the mover of the amendment to the rule. Mr. 0 'SULLIVAN. I call for the ayes and noes. Messrs. Stedipan, Ringgold, Farrell, and Harrison also demanded the ayes and noes. * Mr. McCALLUM. I move to strike out the proviso. Mr, TINNIN. I rise to a point of order. The previous question had been moved. The president. The previous question had^ not been ordered. Mr. LARKIN. The ayes and noes had been 'moved, therefore the motion was not in order. The president. ' The Secretary will call the roll. The roll was called, and the amendment to Rule Forty-three was adopted by the following vote : AYE8. Andrews, Ayers, Barnes, Barry, Barton, Belcher, Blackmer, Boggs, Boucher, Brown, Burt, Caples, Caaserly, Chapman, Charles, Condon, Cowden, Cross, Crouch, Davis, Dean, Doyle, Dudley, of San Joaquin Dudley, of Solano, Dunlap> Edgerton, Estee, Estey, Evev, Filcner, Finney, Freeman, Garvey, Gorman, Grace, Graves, Gregg, Haffer, Hall, Barbour, Beerstecher, Dowling, Farrell, Freud, Kleine, The president. The amendment to Rule Forty-three is adopted. The question recurs on the amendment to Rule Fifty-six. Mr. REYNOLDS. Mr. President: I move an amendment to the amendment. I offer as an amendment Rule Fifty-six, as printed in the Standing Rules. There is going to be another opportunity to get rid of the previous question in Committee of the Whole, and I cannot afford to let it pass. That is the reason I move this amendment. There is another reason. We do not need the previous question in Committee of the Whole, because we have adoptea the fifteen-minute rule. With that rule there is no necessity of ever moving the previous question in Committee of the Whole. Mr. terry. That rule as printed in the Standing Rules contains the words ''except for limiting toe times of speaking." Mr. REYNOLDS. I will send up my amendment. Mr. TOWNSEND. Mr. President: I think we can be killed in Harrison, Ohleyer, Harvey, Porter, Heiskell, Prouty, Herold, Reed, Herri ngton, Rhodes, Hilbom, Rolfe, HitchcxKsk, Schomp, Holmes, Shafter, Howard, Shurtleff*, Huestis, Smith, of Santa Clara, Hughey, Smith, of 4th District, Hunter, Smith, of San Francisco.. Inman, Soule, Johnson, Steele, Joyce, Stevenson, Kelley, Stuart, Kejes, Sweasey, Lame, Swenson, Lampson, Swing, Larkm, Terry, Larue, Thompson, Lewis, Tinnin, ,Lindow, Townsend, Mansfield, TuUy, Martin, of Alameda, Turner, Martin, of Santa Cruz, Tuttle, McCallum, Van Dyke, McComas, Van Voorhies, McConnell, Walker, of Marin, McCoy, Walker, of Tuolumne, McFarland, Webster, McNutt, Weller, Mills, Wellin, Moffat,' West, Moreland, Wickes, Morse, Wilson, of Tehama, Naaon, Wilson, of 1st District, Neunaber, Wyatt, Noel, Mr. President — 118. NOES. Miller, Reynolds, Nelson, Ringgold, O'Donnell, Stedman, O'Sullivan, White, Reddy, Winans — 1 6. fifteen minutes by some men's talking, and I hope it will not be adopted. The SECRETARY read Mr. Reynolds' amendment, as follows: RULE PIPTY-SIX. The rules of the Convention shall be observed in Committee of the Whole, so far as they may be applicable, except that the ayes and noea shall not be taken, aftd that the previous, question shall not be moved. Mr. REYNOLDS. Mr. President: Now that we have adopted the fifteen-minute rule in Committee of the Whole, which we ought to have done in the first place, inst&ad of the previous question, I hope that the Convention will take that absurdity out of the rules, and do away with the previous question in Committee of the Whole. •Mr. TINNIN. Mr. President: All I desire to sav is that the adop- tion of the amendment will defeat the rule we nave just adoptea, because it excepts limiting the time of speaking. The PRESIDENT. He does not include that in his amendment. Mr. REYNOLDS. Mr. President: Let me say here that the previoos question in Committee of the Whole has had but one single effect, not to save fifteen minutes time on any one question, but it haa led, on three different occasions, to having business so Jammed up that it required three days to get out of the difficulty. Members have been surprised into votmg upon amendments that they did not approve. A section is read in this way, an amendment is offered, and then another amendment. A discussion ensues, and then some person, who regards it as his special duty, maves the previous question, and that is the onljr speech that gentleman ever makes. The Convention then comes to a vote upon the last pending amendment, and then turns its attention to the next amendment. This amendment may be a good one, if it could be slightly amended, but this cannot be done, and the committee must adopt it as it is, or reject it altogether. In nine cases out of ten gentle- men are compelled to vote for somethine that does not suit them, and. the result has been that we have been three days at a tihie getting oat of this trouble. Let us return to something like reasonable sense. Let us return to the time- honored custom — a custom which all legislative bodies have adopted since the time when the memory of man runs not back. Have no previous question in Committee of the Whole, and then you always have an opportunity to perfect your work. That is what the Committee of the Wnole is for. Mr. reddy. I think this is rather a bad time to change the rules. Mr. REYNOLDS. I call for the aves and noes. Messrs. White, Inman, Nelson, and Farrell also demanded the ayea and noes. Mr. McCALLUM. Mr. President: I undertake to say that the con- fusion which has arisen here and the misunderstanding, has been from the fact that for days general questions have been discussed, and the immediate pending question has not been referred to at all. If we continue with the unaerstanding that after a reasonable time discussion shall close, the result will be Uiat members will discuss the pendinj^ question and not the general subject. I think we had better not change Uiis rule of disposing of the two pending amendments, which would be the effect of the adoption of the amendment proposed by the gentleman from San Francisco. The president. The Secretary will call the roll on the amend- ment offered by the gentleqian from San Francisco, Mr. Reynolds. The roll waa call^, and' the aniendment rejected by the following vote: AYES. Barnes, Herrtngton, Porter, Beerstefcher, Hughey, Reynolds, Blackmer, Johnson, Ringgold, Brown, Joyce, Shurtleff, Casserly, Keyes, Smith, of San Franciacc Condon, Kleine, Stedman, Cowden, Laine, Steele, Dudley, of San Joaquin, Lindow, Stevenson, Dudley, of Solano, McFarland, Sweasey, Estee, Moffat, Swenson, Farrell, Morse, Turner, Freeman, Nelson, Wellin, Freud, Neunaber, White, Grace, O'Donnell, Winans, Hager, O'Sullivan, Mr. President — 47. Harrison, NOES. Andrews, Finney, Martin, of Alameda, Ayers^ Garvey, Martin, of Santa Cms, Barry, Gorman, McCallum, Barton, Graves, McComas, Belcher, Hall, McConnell, Boucher, Harvey, McCoy, Burt, Heiskell, Miller, Caples, Herold, Mills, Chapman, Hitchcock, Moreland, Cross, Holmes, Nason, Crouch, Huestis, Noel, Davis, Hunter, Ohleyer, Dean, Inman, Prouty, Doyle, Kelley, Reddy, Dunlap, Lampson, Reed, Edgerton, Jjarkm, Rhodes, Estey, Larue, Rolfe, Evey, Filcher, Lewis, Shafter, Idansfield, Smith, of Santa Clara, I^>7 DEBATES AND PROCEEDINGS ^h^^were- * Oliroraia Reports, all the aame waj. Not ■ break [d the line, eii in the Federal Courts or in the St&te Couriji. It ie true, air, geotlei have rend frona liisBeiiling opinions, and bj aaauming their positions Justify the poeittou the; take. But, Mr. Chairman, what weigbt would ■Dj auch disseating opiaiona, or such loose expressions, even though they come from eminent jurists, bare vith soy Court where sue' an unbroken line of authorities were presented on the other eldi Why, of course, they would not be listened to Tor a moment. And tht is just the attitude in which this question presenta itseir before th oammitlee precisely. I hold in mv hand the Federalist, and I wish lo read a few remarli from Mr. Madison upon this question; and it will be borne in min that not only in the Supreme Court of the United States, but all th Courts of the Uniou, wherever constitutional questions ire invoWed, th s of the Federalist are coDsidered the beet kind of authority. TO of the moat conspicuous members of the CoQ- le ConstitutioQ of the irnited Stales, Hamilton and Madison. Mr. Madison is aQSwA-lDg the attacks umb the new Constitution made by Its enemies, on the ground thai it had exceeded Ihe powers given to alter the old articles of confederation. In warding off attacks on that score he would not be likely to claim fur the Feder^ Government any more powers than were actually conferred upon it, because his purpose was to show that the government did not poBses! unnecessary powers. Its enemies were aaymg that they had given 11 loo many powers, therefore I say that he cannot be charged with claim- ing more for it than actually existed. Mr. Madison is compelled to admit — I refer to the fortieth number of the Federalist— that the Con- vention did exceed, in this respect, the call for the Convention. He says; " From these two acts it appears, first, that the object of the Coti- veDtioD was to establish in these States a fina nalionat govrmmenl; second, that this government was to be such as would be adequalt to lAt exigeiiciea of goeernmeni, and tfi£ preservation of the Union." Than, farther on, page one hundred and eighty-six, he enumerates the several jiowera conferred on the Covcrnment of the Union. He says; "That we may form a correct judgment on this sul^ect, it will be proper to review the several powers conferred on the Government of the Union { and that this may be the more conveniently done, ttiey may be reduced into different classes, as they relate to the following diff< objects: First, security against foreign danger; second, regulation o intercourse with foreign nations; tbird, maintenance of harmony and proper intercourse among the States; fourth, certain miscellaneous objects of general utility ; fifth, restraint of the Stalaa from certain injt acts; sixth, proviaions for giving due efficacy to all these powers." These were the exclusive powers. Now, oa the subject of treaties, you will find, on page one hundred and cinety-three, number forty-tv the Federalist, by Mr. Madison, this: " The second class of powers lodged in the General Govemment sists of those which regulate the intercourse with foreign nations, to to make treaties; to send and receive Ambassadors, ouier public M ters and Consuls," etc. " This class of powers forms an obvious and essential branch of the fedeisl adminislratioD. If we are to be one nation, in any respect, ~ clearly ought to be in respect to other nations." Mb. RINGGOLD. Mr. Chairman : I. rise to a point of order. The gentleDian voted for the fifteen-minute rule, and now he is exceeding his Th'i CHAIRMAN. The gentleman's time is up. Shall the gentle- man from Alameda have leave to proceed? Mb. 0-SULLIVAN. 1 object. Mb. cross. I object. The question was put, and the Chair declared that the noes appeared D was called for, and the geDtlemau was allowed to proceed. o have by a vote of 4' The CHAIRMAN. The gentleman fmm Alameda will proceed. Mb. VAN DYKE. Mr. Chairman : I om obliged to the Convention. Mr. Madison says^ " The powers le make treaties, and to send and receive Ambaasadors, speak their own propriety. Both of them are comprised in the article of confederation, with this differenco only, thSt the former is disembar- rassed by the plan of the Convention of an exception, under which treaties might be substantially frustrated by regulations of the Btatcs." Now, that was the fault of the old confederatiOD, that the States might interfere with treaties, and Mr. Madison says, explicitly, that in that res|iect, by the new plan, the treaties are placed entirely above and beyond the reach of the Slates. Now, again, in considering the limita- tions on the Stales, the same great slatraman says, in referring to this ■' This Constitution, and the laws of the United States, shall be made in pursuance thereof, or all treaties made, or which shall be made, under the authority of the United SUtes shall be the supreme law of the land, and the Judges in every Slate will be bound thereby, anything In the Constitution or laws of any State to the contrary not with stand lug." Now, he says, upon that : " The indiscreet seal of the adversaries to the Constitution has betrayed them into on attack on this pert of it also, without which it would have been evidently and radically defective. To be fully eeuaible of this we need only suppose for a moment that the supremscy of the State Consti- tutions had been left complete by a saving clause in their favor. " In the firat place, as these Conatitutiona invest the State Legislatures with absolute sovereignty in all cases not excepted by the existing articles of confederation, all the authorities contained In the proposed Constitution, so far as they exceed those enumerated in the cotifedera- lion, would have been annulled, and the new Congress would have been reduceil (o the same impotent condition with their predecessors. " In the next place, as the Constitutions of somi ever expressly and fully recognize the existing p< acy, an express saving of the supremacy of the f< States have brought into question every power i posed Constitution. " In the third place, as the Constitutions of tl from each Stale, it might happen that a treaty or and equal importance to the States, would lulerfi with other Constitutions, and would consequentl the States, at the same lime that it would have no " In fine, the world would have seen for the i government founded on an inversion of the fund all government; it would have seen the aulhoril; everywhere subordinate to the authority of the] seen a monster, in which the head was under the i Caa there be anything added tothalT Not at supreme law of the land, and it makes ao diffei here, with a clause of the Constitution or by a sti the same thing. It is said that we might do tl Why, Mr. Chairman, what would we think of a who would bring week afler week and day after d were forty authorities to show that it had been dec without exception T lam not, for one, disposed to tude either oi a demagogue or of a fool in this Cons I propose, air, here to abide by my oath, and 1 do n this Coustitntion, so far as I am concerned, snythil unmistakably direct— con fi let with a treaty of the because we can raise a point before the Supreme < know It has been decided against us, it is sheer foil to put It in here. I say it would weaken our poe try. 1 say we want the cooperation of the whole a great nation. It is a matter which a great na time. And what is required is for the people t( the subject, and they are fast being enlightened. I cannot vote for any part of the proposed artici firat section ; and I agree with the gentleman from Howard, that that covers the whole thing. It is ( It covers the whole ground. I will support that a j-rineiples against this Chinese evil, and 1 will si of a petition to Congress and the President of the Mb. BARNES. 1 would like to ask the genti what he underatands by the language, " and alieui or detrimental to the well-being or peace of the 81 Mb. van dyke. 1 suppoee that the LegisI under that to exclude some classes of Chinamen, and it is certain that the Slate can exclude paupen Ma. BARNES. But I call the gentleman's al " and aliens otherwise dangerous or detrimental peace of the Stale." Mb. van dyke. 1 do not know as I am i They could drive out a great many Ma. BARNES. Then, if it is ptvpoaed to coni Legislature, why not lest it here and now 1 BROWN. Mr. Chairman: 1 do not proj) prescribed — fifteen minutes — snd, in fact, i diffidence thai I presume to say anything upon t ' en discussed by some of the ablest lawyera of t unequivocally established as thai we must eat i for ourselves; and, in fad, if we are only to be gu told, we are not fit to vote in this Convention. 'lOrilies quoted; we have heard eminent men , in their discussion, taking their arguments, it things were so beyond ell doubt; then, whei ability, on the same provision, wore engaged in - .bject upon the opposite aide, the same would ap| ear. Now, I am under the impresaion that it i look at this matter in a certain light, and we mui les under which we are acting, and if we ' «hen the C^nBtitution of the United States nd of men collected together, the country from under the dark cloud of war. and those men i to posterity the advantages and beuefits of the there we Stales. > ciple of h reality of fill d h they got up for the gover rved at all ti t that a; to the Consti e find what was th( lion. It reads as follows : " We. the people of the United States, in order Ui union, cstabliab justice, insure domestic tranquil! common defense, promote the general welfare, and of liberty to ourselves and our posterity, do oniai Constitution for the Uniteil Stales of America." This was one great Ihing to be promoted. This ii up for the welfare of the people; for the prosperity we must auderstand this great principle as expresi "itendiog through that great ■ — ' " - — " "■■ iderstand that anything t r that is Dec. 13, 1878. OF THE CONSTITUTIONAL CONVENTION. 697 ^welfare of the people, the prosperity of the nation, the prosperity of all the States, is in direct oondict with the grand purpose and spirit of this instrument which is expressly for the prosperity of the people. What we roust take into consideration is the great spirit of this instrument. Now, if we take this into consideration, we are compelled at once to see, with regard to any matter here, it is in conflict with these grand pro- visions in that declaration of the spirit of the Constitution of the United States. We may say the Burlingame treaty was popular; the people demanded it. So they did. The people have maae many popular mistakes, and Legislatures have made many popular mistakes, and it may be that the treaty*making power has made a mistake, and we believe it has. It was popular in its day. Now we must consider that this treaty-making power has the right--no one doubts that. The gen- tleman last on the floor seemed to contend with great earnestness of purpose for this right, but we must understand that all human institu- tions and human purposes are defective. Popular opinion was wrong, and this matter of the treaty proved it. Now, the great matter is this, shall we consider this treaty as lying in the way of getting out of this difficolty, of getting rid of the Chinese, or the Mongolian race, in this country? I am convinced that every one of us will admit, so soon as we consider that they deprive the white race of labor, that they deplete this country of money and carry it away into a distant land where we never see it again, that they are a detriment to the country, that they are at variance with the great interests of this State, and that as soon as they are at variance with the prosperity of the State, they are at vari- ance with the principles of the Constitution. Now, as to tnose who made the Constitution. We do not doubt their right We know that they are good authority, but we do contend that the matter has resulted differently from what any one anticipated, and that instead of the treaty being a blessing, instead of being as intended, it has turned out to be a curse. Now, if we attempt to legislate against this it appears to me that we should pronounce it an evil. I will read from article sixth : ** This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land." We must look at the spirit, and not the mere words. ''Under the authority." What is the authority? The Constitution of the United States is the authority, aod the only authority by which the treaty- making power has carried out what it has in this matter; and everything that is made in accordance with this is binding, is effectual. But we find practically that this is not in accordance with that instrument. Instead of adding to the prosperity, and happiness, and tranquillity of the people, it has the reverse enect to almost all intents and purposes. Now, we should look at this in this light, and consider the authority. The Legis- lature frequently pcMses laws that are inconsistent with the Constitution. This very clause seemed to anticipate the matter of Constitutions con- flicting. Now, we find that this snail be the supreme law of the land, and the laws of the United States made in pursuance thereof, and the treaties, shall be the supremo law of the land. But the first thing spoken of is the Constitution of the United States, and these others in aooordanoe with the same, and by authority of the same. But it must be in accordance with the spirit of the Constitution. The Constitution is placed first. " Made under the authority of the United States," which authority is the Constitution: "And the Judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstandiag." Now, I am fully impressed with the idea that we can meet this evil, and we should act upon it accordingly, and in fact it is proper and rieht. We should carry out wishes here in this Convention. I believe tnat we have a right to do so. Some say it is treasonable. You ought to have read the Constitutioi\, and you would see that it is nothing of the kind. Treason is raising an army against the United States, or giving aid or comfort to the enemy ; but making laws contrary is nothinflf of the kind. This great treaty is a law de faciOf but not a law de jure. We have a right to go ahead and make provisions as we choose. We will be representing the great spirit of the Constitution. If the treaty is in violation of the spirit of the Constitution, we have the right to go on and act outside of it. aSllABKS OF MB. RIYNOLDS. Mb. REYNOLDS. Mr. Chairman : I could commit no g^reater folly than attempt to prolong this debate. I shall, therefore, endeavor to see how short i can oe — how brief my remarks can be made — not how short I can be. Mr. Chairman, I am unable to support the substitute for section one, which is now pending, and in order that there may be an understanding in reeard to this, I call for the reading of section one of the substitute offered by Mr. Barnes. The secretary read: Sbctiom 1. All Mongolians within this State shall be required to remove therefrom within four years from the time this Constitution takes effecL At the first session of the Legislature convened hereunder provision shall be made for judicial proceedings to compel such removal, and for the seizure and sale or so much of any property of such Mongolians who may not theretofore have voluntarily departed within the period herein limited, as may be necessary to defray the necessary cost of their removal from this State to their native country. Mb. BARNES. Mr. Chairman : I ask leave to strike out the word "Mongolians," and insert the word "Chinese." Mb. CROSS. I object. That will let in the coolies from India. They are the worst class we have. Ma. REYNOLDS. JAr. Chairman : Two difficulties hedge us about when we approach the discussion of this question. If we attempt to interfere with the immigration of this class of persons, we are immedi- ately beset with the interpretation which the Supreme Court of the 88 United States has put upon the power granted to Congress to regulate commerce; and the gentleman himseliil Colonel Barnes, and several other legal lights on this floor, have taught us to understand, and I hesitate not to sa^,^have convinced us, that it is utterly useless for us to attempt to prohibit the incomine of subjects of the Chinese Empire. If there has been anything settled by this decision, it is that; and hence, I am surprised to see the gentleman himself, after successfully meeting that question and settling it, introduce this section, one which flies directly in the face of the very proposition he has himself settled. For, as was stated by the gentleman from San Francisco, when a Court undertakes the examination of an Act of Congress, or a State Legisla- ture, it immediately looks through the gauze of subterfuges by which you attempt to accomplish anything by indirection, and goes straight to the subject, and hence, no one can misunderstand or can be misled by this section, which provides for the deportation of the very persons whom we have no power to prevent coming in. If we have no power to pre- vent their coming, we have no power to deport them. Hence, the sec- tion offered as a substitute by the gentleman from San Francisco is answered by its own argument. I ani opposed to that section for another reason, or I rather prefer the report or the committee, because it contains in better form the very same thing, but directed to another proposition. The substitute is deportation, pure and simple, without a reason. S^ion one of the report of the committee provides that vagrants, paupers, mendicants, criminals, and persons a£Qicted with con- tagious or infectious diseases, and aliens otherwise dangerous or detri- mental to ^he well-being and peac>e of the State, may be removed from the State. There is a reason which comes directly within the doctrine of the Passenger cases, and directly within the doctrine of the Slaughter- house cases, and within subsequent decisions following those, and within the doctrine laid down by the gentlemen in debate here. If you will tur%jto section seven you will find another branch of the same pubject : "Src. 7. The presence of foreigners ineligible to become citizens of the United States is declared hereby to be dangerous to the well-bein^ of the State, and the Legislature shall discourage their immigration by all the means within its power. It shall provide for their exclusion from residence or settlement in any portion of the State it may see fit, or from the State, and provide suitaole methods, by their taxation or otherwise, for the expense of such exclusion. It shall prescribe suitable penalties for the punishment of persons convicted of introducing them within forbidden limits. It shall delegate all necessary power to the incorporated cities and towns of this State for their removal without the limits of such cities and towns." It says, "the Legislature shall discourage their immigration by all means within its power." I do not know how they will do that. Hera are certain classes of persons declared by the power of the State — the only power that has a right to judge— 4b be dangerous to its well-being, and tnen it shall have the power to deport or remove them from the State, or to remove them to different places within the State, if it so sees fit. Now, the reason I am in favor of the report is, that H provides these reasons. It tells why it undertakes to do these things; and thus, so far as it can be effective at all, it is quite as effective as the substitute could be if it could be adopted. And the reason why I am opposed to the substitute is because it puts off the time for any attempt to enforce any of its provisions four years. The report of the committee may be enforced at any time after the adop- tion of the Constitution. So far it may be made effective, if effective at all, within a reasonable time. The suostitute will delay action, if there is anything in it at all, for four years. I do not intend to say a word about the inconsistency of the gentleman from San Francisco in section two that he has offered here, with his remarks upon the subject. He said that he was opposed to any act of cruelty towards this class of per- sons; that the rignt to live here and the right to stay here implied the right to earn a living, and he was opposed to depriving them of the right to fish. I understood him to say that he was opposed to anything that looked towards depriving the Chinaman of earning a livelihood, or laboring wherever or whenever he could. Mb. BARNES. I did not say that. What I said was this: I was opposed to these queue-cutting ordinances, and this saying that a man snould not fish. Mb. REYNOLDS. That does not better it any. He follows up these remarks by proposing : " Sic. 2. After this Constitution takes effect no Mongolian shall carry on or maintain any business, occupation, profession, or mechanical trade for gain, or perform any usual manual labor for reward in this State; and it shall be unlawful for any person or persons, bodies corporate or politic, to employ, contract with, or harbor such aliens except for tem- porary accommodation, shelter, or charity." Well, if a Chinaman is entitled to make a living in the State, how is he going to do it if he shall not be employed ? Where is the consistency? Mr. Chairman, I listened with a great deal of pleasure to the gentleman's remarks. They were able and eloquent, but it seems to me, as we have heard it said of another, that the performance did not come up to the proclamation; that when we come to read his proposition there was nothing in it except what is in the report in a better shape. The fact is, his proposition drives directly at the law, as it has already been settled, and amounts to a system of deportation. I undertake to say that you might as well meet the Chinaman at the wharf, and say that he shall not land, as to undertake to say boldly and plainly that you will deport him the next minute after he 'sets his foot on the wharf, unless you can establish some reason, some j>ower, some unquestionable power within the State that will give you tne right to deport him. [Cries of " Time."] And then, when it comes to the other section, that no Mongolian shall be employed, that he shall not work, the same proposition is in better shape m the report, in section six, with a slight amendment. Thb CHAIRMAN. The gentleman's time is up. 698 DEBATES AND PROCEEDINGS Friday, EKMABKB OF MK. B8TBK. Mr. ESTEE. Mr. Chairman : I will not detain the house but a few moments. I should not speak at all, but I wish to state just what part of this report I can support. The first section I think we ought to adopt, and I believe it will be adopted. Section two reads : " Any corporation incorporated hj or under the laws of this State, or doing business in this State, shall forfeit its franchises, and all legal rights thereunder, if it ever employs, in any capacity whatever, foreign- ers who are not eligible to become citizens of the United States under the laws of Congress. This section shall be enforced by appropriate legislation.'' That section I shall not support. I shall not support it because, among other reasons, it would be perfectly futile if it is intended to reach the railroad company. That rail road company exists under higher author- ity than the corporate power of this State, and we could not make them forfeit their charter if we tried to. Secondly, I think it is barbarous. I confess that I agree with the gentleman when he says that the Chinese after tfiey are here have a right to work just like anybody else, and not under circumstances by which they cannot earn an honest living. I do not believe " the Chinese must go," but I think the point is that the Chinese shall not come. I do not believe in this idea tnat the Chi- nese must go. I think that howl that has been going over t|^e State has delayed action on this great subject at least two or three years. The threats that have been made everywhere that blood would flow in the streets have caused the people of the East to doubt our sincerity. I wish to read a few words from Vattel's Law of Nations, page 173, in regard to this subject: ** The sovereign ought not to grant an entrance into his state for the Eurpose of drawing foreigners into a snare; as soon as he admits them 0 engages to protect them as his own subjects, and to afford them per- fect security, as far aa depends on him. Accordingly, we see that eirery sovereign who has given an asylum to a foreigner, considers himself no less offended by an injury done to the latter, than he would by an act of violence committed on his own subject. Hospitality was in great honor among the ancients, and even among barbarous nations, such as the Germans. Those savage nations who treated strangers ill, that Scythian tribe who sacrificed them to Diana, were universally held in abhorrence; and Grotius justly says that their extreme ferocity excluded them from the great society of mankind. All other nations had a right to unite their forces in order to chastise them. " From a sense of gratitude for the protection granted him, and the other advantages he enjoys, the foreigner ought not to content himself with barely respecting the laws of the country; he ought to assist it upon occasion, and contribute to its defense, as far as is consistent with his duty as citizen of another state. We shall see elsewhere what he can and ought to do, when the countvy is engaged in a war. But there is nothing to hinder him from defending it against pirates or robbers, against the ravages of an inundation, or the devastations of fire. Can he pretend to live under the protection of a state, to participate in a variety of advantages it affords, and yet make no exertion for its defense, but remain an unconcerned spectator to the dangers to which the citi- zens are exposed? *' He cannot, indeed, be subject to those burdens that have only a relation to the Quality of citizens; but he ought to bear his share of all the others. Bemg exempted from serving in the militia, and from pay- ing those taxes destined for the support of the rights of the nation, he will pay the duties imposed upon provisions, merchandise, etc., and, in a word, everything tnat haa only relation to his residence in the country, or to the affairs which brought him thither." Vattel is a recognized authority upon the law of nations. I appre- hend that the gentleman proposes now to create a new law of nations, and to fight the whole world upon a proposition of such gravitv. I am, therefore, opposed to the proposition in this report that would prohibit a Chinaman from earning an honest living. I think it is barbarous; I think it is cruel. I say that when they come here under the laws of the country they have a right to earn their living, just as any other foreigner has when he comes here — a legal right — and it would be bar- barous, in my opinion, to assume any other position. Now, so much for that. The thira sections provides: ** No alien ineligible to become a citizen of the United States shall ever be employed on any State, county, municipal, or other public work in this Stat« after the adoption of this Constitution." That I shall favor. Let that work be done by those who will defend it in time of war and maintain it in time of peace. Section four I should be very glad to support if it did not contain the word " Chinese," because as it is it will come in direct conflict with the treaty. I would support it upon the proposition that if the Government of the United States declare they are meligible to become citizens of the United States, there is something about that people that renders them unworthy of the con- fidence of the people of the State, and we have the right to prohibit their coming. The Supreme Court of the United Stetes have held that the police powers of the State are to advance the safety, and happiness, and prosperity of the State, and that under that proposition the people have a right to provide for the general welfare. They have a right to say that the United States having refused to allow a certain class to become citizens of the United States, that that class of people would not advance the general welfare, and that the United States had passed upon the question of fact by declaring that they were unworthy of citizenship. In the case of Chi Lung, the Court says: " We are not called upon to decide for or against the right of a State, in the absence of legislation by Congress, to protect herself by necessary and proper laws against paupers and convicted criminals from abroad; nor to lay down the definite limit of such right, if it exists. Such a right can only arise from a vital necessity for its exercise, and cannot be carried beyond the scope of that necessity. When a State statute, limited to provisions necessary and appropriate to that object alone, shall, in » ^ proper controversy, come before us, it will be time enough to decide that question." I can probably support sections three, four, and five, and that part of section six which relates to the owning of real estate. It is not a debat- able proposition that the State has the right to prohibit any class owning real estate. That is settled by law and by decisions. I will call your attention to an authority, though I have not time to read it It is not an American authority, but it will be taken, I think, as good law. It ia a bdok written bv the Right Honorable Alexander Cockbum, Lord Chief Justice of England. I maintein that the States have a right to impose that authority, and I hope that the States will do so. I would be very glad to support the last part of section six ; the first part I cannot. These people are a great iniury to the State. We ought to adopt all means we can to keep them from coming here and sending them away within the law. But I am not one of those who believe that the streets will run with blood. I am not one of those who believe that the people are going to rebel against law, or against the organized authority of this State, or of t^ie General Government. I believe this people are capable of self-government. I believe that they are capable of meeting any and all great questions Mb. JOYCE. Do you think the people are capable of competing with Chinese labor? Mb. ESTEE. I do not think so; but I propose to get rid of the Chinese in a legitimate way — in a legal way. Mb. BARNES. What is a legitimate way? Mb. ESTEE. I would answer, first, by adopting section one, that discourages their coming; section three prohibits their employment on public works; section four, by making it general so that it would not stand in direct opposition to the treaty, would discourage their coming. Adopt a memorial to the President of the United States and to both houses of Congress, and I would have it signed by every member of this Con- vention, to show that the people of this State are unanimous, and I think it would have a very marked effect upon the opinion that Con- gress might have relative to this great subject I do not believe in this proposition in section six: " Foreigners ineligible to become citizens of the United States sh^ll not have the right to sue or be sued in any of the Courts of this State ; " but I would support that portion of the section which would not allow them to hold real estate, because that comes within the bounds. • Mb. grace. What good would it do them to have the right to be sued? Mb. ESTEE. I am not prepared to say. I am not prepared to say that there are not a great many white men who would get along better if they had not the right to be sued. Mb. KLEINE. Is it more barbarous or more cruel to drive the sons and daughters of American citizens out, or to deprive coolie serfs of employment? Mb. ESTEE. What can we do here against the whole civilized world? I say if you want to bring this thing into disgrace, if you want to be cruel, and do wrong, you will be condemned by the beet thinking people of the world, and then you will have this planted upon you for- ever. The way to do is to approach it in a dignified, solemn manner; approach it in a legal manner; do only those things which we can do, and do it earnestly, and we will accomplish the result BEMABKS OF MR. CAPLRS. Mb. CAPLES. Mr. Chairman: It has not been my purpose to dis- cuss this question, nor is it now my intention to go into any general discussion of the question. It is apparent to all that there ia really but one question to be legitimately discussed here. As to the question of this being a great evil, there is but one opinion. We all agree that it is an evil that threatens law, order, society, and civilization itself. Upon that proposition we are all agreed. The real question, Mr. Chairman, that should be discussed here is that great question that has been fought since the foundation of the government — the limits and boundaries of State and Federal authority. It is a legal question. It is a great ques- tion, that has engaged the greatest minds of modem times. It is a ques- tion that has been fought on the grandest arena, the grandest rostrum, of modem times, and by intellectual giants. For that reason 1 have preferred to listen to a discusbion by our great constitutional lawyers, Knowing, as I do, that they were best qualified to give us light upon this great subject— -practical light, and light that we need, to act intelli- gently. My purpose, Mr. Chairman, in rising, is to call attention to some pertinent historical facts bearing upon this great question. The distinguished gentleman from Marin, a dav or two since, in alluding to this great question of the power of State authoritv and Federal authority, alluded to a very celebrated authority. After the struggle had gone on from the foundation of the government down to the year eighteen hun- dred and sixty-one, it was submitted to the arbitrament of arms, and the gentleman tells us that the whole question was decided by Chief Justice Grant, at Appomattox. I do not propose to controvert the asser- tion of the gentleman, for it is eminently true. It is the simple fact of the case; but I desire to call attention to the patent fact that that great court is the court of last resori; and I assert in this presence that all human institutions, all political rights, are based upon the sword, and are maintained by the sword, and that that court to which the gentle- man referred is in fact the supreme court, or court of last resort And, in this connection, I would say to my distinguished friend from Los Angeles, that it might not be the part of wisdom to ignore this decision and its result upon the Congress and upon the public opinion of the American people, because it is a stubborn fact. My friena from Marin no doubt said right, "this decision is final." All right Very welL It was our neighbor's ox that was gored then ; but to-day we find ourselv< here upon this floor, confronting a question as broad as society, as civil- ization, and this time the boot is on the other foot It is our ox that is Dec. 13, 1878. OF THE CONSTITUTIONAL CONVENTION. 699 gored this time. I am aoiry it is so, but such is the fact; and, as I sug- gested, it may not be wise in us to ignore that great decision of that court of last resort. Mr. AYERS. I would like to ask the gentleman whether that great court of last resort wiped out the right of the States to protect themselves from dangerous classes ? Mb. CAPLES. I did not propose to discuss this question, but onlj to call attention to pertinent historical facts, and to suggest to my friend from Los Angeles to talce into consideration the bearing of that decision upon popular opinion in these States of the American Union. I do not undertake to say to what extent that decision goes, but I do undertake to say that it has had an important bearing upon the judicial decisions of our highest Courts, and that it has had a marked influence upon popular opinion. And right here is the point at issue, the point which I aesire to call the attention of this committee to. We expect to frame a Constitution here; we desire that it should be adopted by the people; we have already arrayed against us the great monopoly of the eountry ; we have already arrayed against us a power that is perhaps equal to that of the people, and it is an open ^ue^ion whether we snail be able to carry it or not, and the point is this : can we afford to array against us two important classes of the community upon this issue — the over- conservative and the timid? Because, gentlemen, talk as they may, they may say that this is but a judicial question that will be decided by the Courts, and there will be no collision with the Federal power; but could they convince the people of California that there woula be no col- lision? They might convince some. I have no doubt that they would, but there would l^ a large class that would not be convinced and would vote against ^our Constitution through fear or ultra conservatism. I submit that it would not be wise in us to adopt propositions and meas- ures that would array against us that class. However ill or well founded their objections may be, it would tell against the adoption of the Constitution without a doubt. Mr. Chairman, there is a legal way, a right way, and a proper way in everything, and there is another way that is illegal, that is wrong, and that is impolitic. The object, the desire, the aim of this Convention should be to do the very best that we can do to relieve the State of Cali- fornia and the Pacific Coast from this great curse that is upon us. Can we do it l>est by proceeding regularly, legally, legitimately, or can we do it best by an impotent exhibition of anger, passion, and violence? There is another phase of this question, to which I desire to call the attention of the gentlemen of this committee. It was remarked by a distinguished gentleman on this floor, within the last day or two, that the reason for conferring the franchise and ballot upon the negro was, not that we considered him capable of a just ana wise and equitable exercise of that power, but simply as a matter of self-protection ; pro- tection against oppression. Now, I think, he was right. I think, per- haps, that that was the controlling idea with the American people wnen they conferred the ballot upon the negro. Now, Mr. Chairman, I sup- pose we proceed under the impulse of passion or prejudice, however well founded it may be. Suppose we persecute these people, and by lawless measures attempt to free ourselves from this great evil, would not the logic of the gentleman to whom I refer lead us to fear, at least, that the same reasons that operated in conferring the franchise upon the negro would, in the end, inauce the Federal Government to confer the franchise and ballot upon the Chinaman? Now, Mr. Chairman, it is not wise to hide from ourselves the dan^r that menaces us. The wise and iust course to pursue is to proceed within the limits of law, and, after we have exhausted every eflort and have represented our case fully, and shown that our society and our civilization depends upon our being freed from this great curse ; if, afler we have exhausted every effort, the Federal Government should remain deaf to our appeals; if this fair land and these beautiful valleys that we had hoped to leave as a legacy to our children, are to be taken by this brood of Mongolians, then I would say, and if it were in mv power to do so, I would speak it in tones of thunder that would shake the earth, that every impulse of humanity, every instinct of our natures, would impel us to prevent it, though we perish in the attempt. Mr. AYERS. Mr. Chairman : 1 do not rise to make a speech upon this subject. I merely wish to call the attention of the committee to the term which is used in the amendment offered by Colonel Barnes. He uses there the term ''Mongolian." Mb. BARNES. I desire to say that, afler looking into it, I recognize the impropriety of the word, and projpose to ask leave to make a correc- tion. I think myself that the word is improper there. Mb. AYERS. I merely wished to call the attention of the committee to it so that we could alter it at present. The term " Mongolian " is one of the great divisions of the human race, and includes the Ameri- can Indian, according to the best authority that we have. Mb. WEST. Mr. Chairman: I have listened with a ^reat deal of patience to the speeches that have been made on this question. I admit that it has been necessary that speeches should be made, and that the general principles connected with this subject should be discussed, and I am of the opinion that that time has paNed. I think henceforth the speeches should be made directly to the question before the committee, and I shall oppose any further general speeches, on general principles, made perhaps more for buncombe than for anything else. It is pre- sumed now that every gentleman has made up his mind. Let the remarks in future be practical and applied to the auestions under con- ^deration, and not for such suggestions as the wisdom of the members may suggest for the general question under consideration. Believing now that a different system of^ tactics should be adopted in order that this Convention may ^nish its deliberations, I shall in the future move the previous Question upon all occasions, and I, therefore, move the previous question now upon the two amendments pending before the committee. The call for the previous question was seconded by Messrs. Sphell, Stedman, Howard, Ayers, and Laine. A division was called for and the main question was ordered by a vote of 73 ayes to 26 noes. The chairman. The question is on the substitute offered by the gentleman from San Francisco, Mr. Barnes. Mr. AYERS. I took my seat with the understanding that the word " Chinese '' should be substituted for the word ''Mongolian." The substitute was rejected. The chairman. If there be no further amendments to section one the Secretary will read section two. The SECRETARY r«ad: Sec. 2. Any corporation incorporated by or under the laws of this State, or doing business in this State, shall forfeit its franchises, and all legal rights thereunder, if it ever employs, in any capacity whatever, foreigners who are not eligible to become citizens of tne united States under the laws of Congress. This section shall be enforced by appro- priate legislation. Mr. terry. I propose the following substitute for section two. The secretary read : " No corporation now existing; or hereafter formed under the laws of tills State shall, after the adoption of this Constitution, employ, in any way, any Chinese or Mongolians'. The Legislature shall pass such laws as may be necessary to enn>rce this provision." Mb. west. I offer the following amendment. The SECRETARY read : " No alien shall ever be employed in any State, county, municipal, or other public work in this State after the adoption of this Constitution." Mr. BEERSTECHER. I would ask the gentleman from San Joa- quin, Mr. Terry, whether his amendment does not relate merely to cor- porations formed under the laws of this State? What harm could it do to take in all corporations? Mb. terry. You can provide for that in another section. The committee have already provided that they shall not be employed by public corporations. I do not believe, with some of the gentlemen who nave spoken upon this question here, that we have the authority by a statute of our State, or by our Court, to abrogate a treaty made by the treaty-making power of the United States. I do not believe that we can prevent these people landine or residing here, or that we can prevent any citi^n from employing them; but corporations are the creatures of the statute. They exist by the will of the State, and we can control cor- porations, and prevent tnem from employing any class of laborers we choose. We can make it a condition of the existence of their charter. It is a fact pretty well known that perhaps two thirds of the Chinese employed in the State are employed by corporations. I propose to dis- courage their immigration here by all legal means. I do not propose, so far as any vote of mine is concerned, to bring the State of Calitomia into conflict with the power of the government. I tried that on once when I had a great deiu better backing than now, and I proved my faith by my works. I went to where the fightingr was going on, and felt some of the missiles. I was whipped, and I had sense enough to know it after it was done. I do not propose to provoke any more conflicts of that kind. [Laughter.] I propose to exercise all the power we have got, and no more. Mb. smith, of Fourth District. I would like to ask the gentleman a question. I would like to ask him whether he has anticipated that corporations will employ them through contractors and sub-contractors? Mb. terry. I am perfectly willing to accept an amendment that na Chinese shall be employed by any contractor or sub-contractor of any corporation. Mb. BEERSTECHER. Mr. Chairman : I am in favor of the amend- ment offered by the gentleman from San Joacjuin, Judge Terry. Section two provides for the forfeiture of tbe franchise of the corporation. You cannot forfeit the franchise of a foreign corporation doing business in this State, because we have not grant^ them the franchise. I am in favor of leaving the matter of penalty entirely with the Legislature. That is the proper place to leave it. Therefore, I will vote lor Judge Terry's amendment. SPEECH OP MB. FAEBELL. Mb. FARRELL. Mr. Chairman : It seems to be a desire of some per- sons on this floor to rush this matter through without a proper investi- gation, and I am sorry to see it. These same gentlemen who are desirous of so doing, have occupied the time of this Convention for over three weeks, on the subject of cor- porations, which, sir, is of no importance whatever when compared with this great evil, and I hope and trust that a free and general dis- cussion will be allowed upon this question for the benefit of the people of this State, and of the United States. Why, sir, they talk about Congress not taking any action in this mat- ter. What can you expect from Congress, when gentlemen of this Con- vention, who were elected pledged to try and remedy this evil, above all others, attempt to rush it through under a false plea of economy. Mr. Chairman, this is the first time that I have attempted to occupy the time of this Convention, and I hope the same privilege will be given to me as has been granted to others to speak upon this question m general. I hold, sir, that it is now the duty of the members of this Conven- tion, as representatives of the people of this State, to take such steps as will protect the people against this Mon^lian importation. It IS only a pity for the rising generation, a love for my country, and the principles of my party, that compels me to urge the arrest of this great curse. The question at present is : Have we no power to prevent the introduction of^ these leprous serfs who come here tor private specu- lation, and who are driving our children into idleness and crime, and our laboring men to destitution and starvation. DEBATES AND PROCEEDINGS H^ ChairmiiD, I wm utonialied to bear Ihe gentlemsa frooi Boooma, Mr. Stuart, lake the part of these leprous MaDgoliene, notwithstanding the fact that he voa elected to this Contention bj the so-called Non- partisan partj, whose platrorm londl; proclaimed rerorm upon this par- ticular subject. He talks about tramps I Who has been the cause of making these men tramps? Why, sir, it ia such men as he and the maoagera of the Central Pacirtc Railroad, who employ them, and thej are the parties who will be held responsible for the downfall at tbese poor men, who are now classed as tramm. There are hundreds of stal- wart young men, wandering along the lines of the Central Pacific Rail- roail. from house to house, and from farm to farm, wb« are ready and willing to do the comnionest kind of work in order to gain an honest living. But, sir, how sad and alarming it ii to know that the sons of men who contributed millions of dollars to build that road are set aside for these leprous coolies. And jret, sir, the gentleman from San Fran- cisco, Mr. Estee, objects to prohibiting railroads from employing thera. Why, sir, it would be better for the people, and better for the people of the State of California, that the ground would open and swallow up the whole outfit of the Central Pacinc Railroad, than '" ' " these poor laboring n this practice of employing these moon-eyed lepers, thereby driving poor laboring men to desperation and starvation, and then brand- tramps. Diy iiiipiEBsion iB,althou|[h I am by no means a lawyer, or versed in the finely drawn lines which separate and mark the boundary between the jurisdiction of the sovereign Stale of California and that of the General Government, that without trenching upon the paramount rights of the latter, we can still insert such proscriptive clauses, and make such pmscriptive diatiuctions. as will make their continued stay in our midst unprofitable to tbem j and God knows, when a country becomes unprofitable to a Chinaman, he won't stay in it; this, too, notwithstand- ing the formidable character of the Burlingame treaty '•' "• — '" ■ face as the great atumblin- '■'-'- ■■■"• foi 'hich they say it is impossibh _ __ ^ iport of the committee with but fe» ■rceptions. To the first, second, and third aeotions of the report, I havi , a general , ineligible IS been"efrected from the much , . ]o bear upon th agreement, that by the use of the terms " foreiene: to become citiiena" a complete escape quoted clause of the Burlmgame treaty giving Chinese country the same rights as those of the most favored nations. , And yet our daily papers have recentlv conteined telegrams announe- ing the naturalization of several of the class which the terms here used, " foreigners ineligible to become citiiena," is intended especially to reach. It seems as if this question of elii;ibilit;r is by no means settled as yet, and in view of the uncerteinty of anticipating what the decision of the higher Courts will be, it atrikes me as dangeroua to the measures which we are discussing (o leave them entirely at the mercy of the future, where, too, an adverse deciaioD may make all the sectiona nugatery. I should and do favor, in these three sections at least, and wherever else possible, the striking out of these equivocal terms, and boldly inserting thereforjust what we mean; " No Chinese or Mongolians." As to our right to do this, irrespective of that magnificent monument erected on the ruin of our mechanical vooilinns and the dire distress and prostituted morality of this coast to the memory of Anson Bur- lingame, the question of corporations, as diacussed for the past three weeks, has settled one thing beyond ony question of doubt, and that is, the anqualified right of the State to control private corporationa. And, sir, where can that control l>e exercised to a more salutary purpose than in restricting them from using a class of labor, no matter of what nationality, no matter of what treaty regulations, which is, in itself, the cause of all (k Is discontent and distress among our laboring classes. As to the other points, the right of the Stale te exercise all necessary police regulations, and to control the character of labor to be employed upon Stole or public works, 1 don't think any one has, as yet, been able to bring forward any treaty prohibition which oould, for a moment, object. Thecrjof "the Chi gentlemen of the opposition parties, has become so identified with the future of our State, if it is to have any future worthy of record, that alt now recognise that it has met with a responsive throb in the heart of every well meaning citizen of the Pacific Coast. 1 am only anxious, therefore, Mr. President, that what we do sa; in this Constitution will be comprehensive, explicit, and to the point. Personally, I am here representing a party whose ambition is to secure reform in this particular instance, and I Bland here ready and willing to vote for the moat radical and sweeping provisions which will remedy this great evil. And I am moat concerned to feel that if we do not eflect soma practical remedy, the temper and control of a long and sorely tried people wilt, after a time, lose that reverence for law and order which la now their greatest honor. And now, in conclusion, Mr. Chairman, I offer the folfcwing as a substitute for section two, of the report of the committee, and I hope it will be adopted : " No corporation incorporated by or under Ibe laws of this Slate, shall employ any Chinese or Mongolians in any capacity whatever. And a violation of this provision shall work a forfeiture uf the franchise of the corporation so offending. It is hereby made the duty of the Legislature to enforce this provision bv appropriate legislation." Mb. HITCHCOCK. Mr. Chairman: I move that the committee rise, rejiort progress, and ask leave to sif again. '^"''*^' IN CONVENTIOS. Thr president. Gentlemen : The Committee of the Whole have Instructed me to report that they have had under consideration the report of the Committee on Chinese, have made progress, and ask leave to sit again. The Convention will lake a reoees until two o'clock r, AFTEBNOOK SESSION. The Convention reassembled at one o'clock and thirl President Uoge in the chair. Bolt called an(l quorum present. Ml, CONDON. Mr. Preaident; I move that the C resolve itself into Committee of the Whole, the Preaidei for the purpose of farther considering the report of tb< Cbinese. Carried. IN COMMITTEE OF THE WHOLE. Tax CHAIRMAN. The question is on the amendmei man frt>m San Joaquin, Judge Terry. Ma. SMITH, of Fourth District Mr. Chairman: I amendment to the proposition of Judge Terry. Tm SECRETARY read the amendment : "Amend the amendment bV inserting after the woi wonla • directly or indirectly.' '"' Tbi chairman. The question ia on the amendme: Hb. terry. I accept the amendment. Ma. SMITH, of Fourth District. Mr. Chairman : I i osition the most important one that has been ofllered her it seems to me to be a matter which is subject to the leas< ese. 1 have no desi re had su a of the queatioi ient orgun ^ume''nt,for I thinWe' able arguments on both si I am willing to teke Ibe law and argumente of Mr. Wits to the position I shall take as against the poeition he loo Now, it seems to me. according to the arguments and a that we are hedged in by three propoaitiona of national to regulate commerce, the provisions of the treaty in reg ' " ' ' the provisions of the Fourteenth Amc to equal protection unde by the treaty only as to thel , Now, auinoruicB mat wen; tbbu sonie Liuie ago, they were U. treaties are construed, like Conati tut ions, strictly, and any therein ia law. As far as it has any application to the of the State, it seems to me it must tie expressly done. as the treaty ia concerned. There are certain powers, acknowledged, which our State cannot violate or infri there are certain other powers, domestic powers, whic given to the State, which cannot be laken from the State the instance in the Fifth California in regard to real proi know anything in this treaty which wilt prohibit us I the employment of Chinese by corporations or iudiv ttierefore ttink it ia perfectly right for this State to take i the power it lias, of a domestic or any other nature, against this evil. Allow them for the purposes of resld te have full sway. Let the Chinese have their pound o one drop of blood. A corporation is the creature of the I by the State. And for that reason it seems to me, beca chance for doubt, and l>ec*uae corporations have employi Chinamen, that this is one step in advance, and this me adopted. Aa to waiting upon Congress, I have not mu plan. We here am absorbed in that question, and th' other States are absorbed in theq^ueation of commerce, an to think we are in danger of lieing overruled by the gn commerce. I am in favor of doing everything we can every chance, where there ia no settled opinion against ' Ma. SMITH, of San Francisco. Mr. Chairman : I ec we have spent time enough in areuing thia question, am arguments that have been made I cannot hope to say an this subject, but, sir, it is my duty to raise my voice i greatest evil in the State. According to the Constitutii slavery lannot exist. Sut, air, I think it is well known tleman on thia fioor that slavery does exist in the vi Slavery in the South was broken up by law, but in this is upheld by a power above the law, by the power of th( Railroad Company, Colonel Bee, and the Chinese comp wilt bid defiance to the law in the future as they ha Now. sir, the cooties imported by these companies are n They always have to contribute to the«e companies, and to do 8o they are put out of the way. Now, air. Congress has been petitioned and memoria again in regard to thia matter, but to no effect, with the few Senators from this coast making a few anti-Chinese why? Not for the benefit of the people i but for"- ' — '-- ' ■ the express purpose of making political capital oi But that day ia past. The people of California cai demagogue apeechea any longer, and they intend to be blind c n hands, and apply their < ledy, and ight light. T treaty ia a one-aided treaty, and hence ia no treaty at all that was made for the benefit of the Chinese, and agair clan of this State, and the State itself, and our brothere find it o theii > Dec. 13, 1878. OF THE CONSTITUTIONAL CONVENTION. 701 stitutional right. Section four of article four of the Constitution reads as follows : "7he United States shall guarantee to every State in this Union a republican form of govemment, and shall protect each of them against inrasion." Kow, who is the best judge of this invasion. I think the people of the State. When this State is beinff overrun hy a foreign foe, shall we not defend ourselves? They are driving our laborers out of employ- ment. They are stealing away our business. Is this not an invasion? I claim that it is. It is immaterial to me what form the invasion takes. When I see these thinp I hold it to be my duty to raise my voice against it, and to do all in my power to protect myself and my family and the State. I certainly do not propose to be driven out of this State by this tide of humanity. Now, the treaty does not say that slaves shall concentrate in any par- ticular number in this country, and as one of the people I shall insist upon the rights of the State. Now, there seems to be but one way out of this difficulty. If Congress continues to brine the Chinese into this golden State, then, sir, it is the duty of the people of this State to drive them out of the State in defiance of Congress. I hope we will adopt section four of this report, and show Congress that we are in earnest on this matter, and if it leads to riot and violence Congress will have itself to blame. It is claimed that a person has the ri^ht to employ whoever he sees fit, and that it is essential to employ Chmamen in order to develop the reaouroes of the State. I deny it. I should like to know of these Chinese lovers, to whom do they sell the produce <^ the State? if it is taken and consumed by the Chinese? The truth is these men are of a grasping, greedy mind ; men without souls ; men who do more to hold back the progress of the State than the Chinese themselves. It is better that free labor be employed. If it had been, the State would be far in advance of what it is to-day. Whv? Because these white laborers would become a part of the State, ana own homes and enter business on their own account. The Chinese do not build up the State, and if I had the power I would make them leave. Now, sir, they say this fourth section conflicts with the Constitution of the United States. I claim there is a difiference of opinion in regard to the Constitution. I claim that it does not conflict. That instrument recognizes the police power of the State to wipe out this evil, treaty or no treaty. I hope this section will be adopted, and this matter brought before Congrees, so that the people will know how much to expect from the government, and apply their own remedy. As regards section three, it ought to be adopted. The Legislature passed. a law that no Chined \t£oT should be employed on the City Hall in San Francisco, but that law has been violated. So lon^as we have unfiuthful officers, so long will our laws be of no avail. 8PKKCH OF MR. ELXIKK. Mb. KLEINE. Mr. Chairman and gentlemen of the Convention : I like to be right in the middle of the hall, and speak always right in the face of men. The gentlemen have said on this floor, and especially the lawyers, that we are helpless. That we have the Burlingame treaty, and therefore we are helpless. To listen to these gentlemen one would imajgine we were in the Empire of China. Now, ffentlemen, under the Constitution of the United States the people have the right to make laws. The people send their servants to make laws, and they have a right to maxe the kind of laws they should make. The people of the State of California have sent you here to get rid of these Mongo- lians. It is very strange, indeed, to hear these gentlemen say, 0, the poot Chinaman,'what shall we do with him? [Laughter.] The gen- tlemen better say. What shall we do with our poor boys and girls who are walking the streets in idleness? It is a rare thing in San Fran- cisoo to find a servant girl in a family. These families have swapped the servant girl for the coolie, and they have them in their families to make beds and do everything which God intended for women to do, because they say : ** 0, these girls are too sassy." [Laughter.] Gentlemen, if we have no right to protect ourselves; if we are help- less; if our sons and daughters of the rising generation must be made hoodlums; if they must be driven into crime, the sooner we know it the better. We want to know it. We have a right to defend our- selves. Let us know it, and let the law of self-preservation rule. Now, gentlemen^ you remember in eishteen hundred and fifty-six there was a vigilance committee organizeof in San Francisco. The gov- ernment said, you must not do so, out they raised it^ and gave warning to these political vagabonds and loafers that they must auit, and they strung up several of these scoundrels, and the rest escaped the country, and the vigilance committee subsided ; but some of them are here to-day, in this State, ready to answer the call of duty again. Now, gentlemen, is it possible that we have no protection against this curse? You say we must appeal to Congress. Haven't we been appeal- ing to Congress for the last ten years, and what has Congress done for OS? Nothing at all. Nothing at all. They have poked tun at us, and five us no releif. And these lawyers tell us we can't do anything. Well, tell you to pay very little attention to what these lawyers say, because the lawyers disagree among themselves. Only a few months ago they made out that this was not an office, because Judge Fawcett wanted to retain his seat. They can make white black, and black white, so pay no attention to these lawyers whatever. [Laughter.] Now—just look, listen. These gentlemen' have said, what are we going to do with the poor Chinaman; Better say, what are we going to do with these poor white people; Who is going to care for them? Go down to San Fran- cisco and see these poor boys and girls tramping the streets day afler day, because they can't get work; all on account of this cheap labor. Gentlemen, don't you know what this cheap labor means? It means extravagance and luxury for the capitalists. That's what it means. We have a class of capitalisU that want cheap labor, they want coolies, they want slaves. According to testimony taken before the Commission, these Chinamen can live for eight cents a day. That's what capital wants. They want to bring us down to the level of the coolie himself; >to a level with slave labor. Now they employ them for servants. There's no hope that Congress will do anything for us on this ques- tion, unless this State takes a step to represent ourselves before Con- gress. We can't expect anything from Congress. Don't you remem- ber two years ago, Congress sent a committee out here and took all the testimony of our respectable citisens of California, lawyers [laughter], merchants, business men, mechanics, and they all said the Chinese were ruining tlie State, that thoy were a curse; and did they do anything? No, sir, not a thing; and the Chinese come, and come, day after day, and now the sentleman from San Francisco wants to give them four years more belors we commence doing anything. Don't you know there are over forty thousand -of them in San Fran- cisco? Do you remember some years ago, when these Chinamen rose and massacred over seven hundred white men, women, and children ; and not a single word said about it? Not a word said. And we will have the same riots here some day. It is only a question of time. Now, let me read something— Jisten. [Laughter.] The old slave- holders used te declare slavery a divine institution, and it was a favorite text, " Servants, obey your masters." I suppose Stanford, and all the rest of them, will say the same thing about Chinese coolies. These preachers say the same thing. They seem to love these coolies. Mb. BOLFE. The gentleman's time is up. Ma. REYNOLDS. Mr.* Chairman: I hope, sir, Tbk CHAIRMAN. The question is not debatable. Those in favor of permitting him to proceed will say aye. Carried. Mb. KLEINE. I tell you, I speak because my duty compel^ me ; because I see the future of this now. I know some of you gentlemen may think I am talking excited. [Laughter.] No. I can see the future, ancf I predicted three years ago that this slavery would overturn repub- Itcan institutions. Now, I shall tell you that in San Francisco only a few Chinese have been converted, while hundreds of white men, women, and children have been forced into crime. Charity begins at home. The ^ood book tells US, he that don't provide for his own home is not a Christian. The time will come when these Chinese will drive out your wives and chil- dren, if you don't drive out the Chinese. Let me tell you that many of your rich men will become poor. I know a rich man whose sons and daughters are to-day poor miserable scrubs, making a living by day's work, and perhaps some of yout* sons and daughters will commit mur- der, because forced to do it, and they will curse you and sa^ : our fathers protected this Chinese treaty and compelled us to come in competition with these coolies, who live tor eight cents a day, and that is a fact. You know it is true. [Laughter.] I won't say no more now. I tell you the people have sent you here to relieve them, and if you don't do it the the people will do it for themselves. Our white citizens will not come down to the level of the Mongolian slaves. They will not live on six cents a day. Don't tell us we have no power to remove this curse, for I know better. I tell you if they had these coolies in New York or Wash- ington, they would not stand it twenty-four hours. The Chinamen here are criminals and paupers. Now, why do you tell us we are help- less? Then we have no government, for self-preservation is the first law of nature. [Cries of " Go on !" " Go on !"] Thb CHAIRMAN. The question is on the adoption of the amend- ment to the amendment. Lost. The CHAIRMAN. The question is on the adoption of the amend- ment ofiered by the gentleman from San Joaquin, Judge Terry. The gentleman from San Francisco moves to amend this amendment by adding the following: ''No corporation incorporated by or under the laws of this State, or doing business in this State, shall employ any Chinese or Mongolians in any capacity whatever. A violation of this provision shall work a forfeiture ot the franchise of the corporation so oflending. It is hereby made the duty of the Iiegislature to enforce this provision by appropriate legislation." Lost. Thk chairman. The question is on the amendment offered by the gentleman from San Joaquin, Judge Terry. Adopted. Thb chairman. There being no further amendmente, the Secre- tary will read section three. Thb secretary j-ead : "Sbc. 3. No alien ineligible to become a citizen of the United States shall ever be employed on any Stete, county, municipal, or other public work in this State after the adoption of this Constitution." Mb. REYNOLDS. Mr. Chairman : I offer the following amendment to section three : The secretary read: "No alien ineligible to become a citizen of the United States shall be employed on any State, county, or municipal, or other public work." Thb chairman. The question is on the amendment. Mb. REYNOLDS. Mr. Chairman: I wish merely to note the fact that it leaves out some unnecessary words, and makes it read better. There is no necessity for the words, " ip this Slate after the adoption of this Constitution." Mb. MILLER. I accept the amendment. Thb chairman. Tne gentleman cannot accept it. The question is on the adoption of the amendment. Mb. WYAtT. I offer an amendment to the amendment. The secretary read: " No Chinese, except for punishment of crime, shall ever be employed on any State, county, municipal, or other public work in this State Dec. 13, 1878. OF THE CONSTITUTIONAL CONVENTION. 703 Mr. ROLFE. Mr. Chairman : Is an amendment in order? The chairman. You may amend the substitute, or the original section. Mb. ROLFE. I offer an amendment to strike out the whole section. Strike out section four, with the proposed amendments. Thk CHAIRMAN. The question is on the motion to strike out sec- tion four, and the proposed amendments. 8PRSGH or MR. ROLFR. Mb. ROLFE. Mr. Chairman : I suppose we might just as well test the sense of this Convention now on ttiis proposition which some of us think is clearly contrary to the Constitution — m direct conflict with the Constitution of the United States. I am not opposed to the exclusion of the Chinese, and I do not suppose there is a gentleman on the floor who is. But while I am not opposed to that, I am opposed to running our heads right against the Constitution of the United States. I do not propose to take a course that will bring us into contempt, and expose us to the ridicule of the country. Now, I do not see as the proposed amendment gets around the objec- tions^ which are made to discriminating laws. The treaty places a Chinaman on the same plane with other citizens of the most favored nations, and gives to them the same privileges ; and this same treaty expressly provides that no Chinaman shall have the right to become a citisen of the United States. That is left to Congress. But with that exception it places the Chinese upon the same footing with other nations — the same as Englishmen or Frenchmen. Well, under the laws of the United States it is not the right of a Chinaman to become a citizen; and then we have that provision of the treaty as an exception to the rule as to citizenship. Now we propose to get around it by not allowing aliens who cannot become citizens to do business without pro- earing a license, which is exactly the same thing as a prohibition. That, I say, is putting the Chinaman upon a different footing, and it will be so held by the Courts. Well, the Chinamen not being permitted to become citizens, if we say none but those who have declared their intentions may labor or do business in the State, we are putting him on a plane different from the citizens of the most favored nations, and therefore we are coming in conflict with the treaty and the Constitution of the United States, under which the treaty was made. I say such enactments as this are foolish. If we want to get at it we must do it in some other way. Instead of putting these provisio'ns into the Constitu- tion, which will' make us the laughing stock of the world, I say we can get at it through the Legislature. You say the Legislature will not do anything. I sav such fears are unfounded. Why, the last Legislature passed an Act submitting the question to the qualified voters of this State, to f bte whether they are in favor or against uhinese immigration. Any gentleman may turn to the statutes and find it. They are called upon to vote for or against Chinese immigration. And upon the result of that the Governor and Secretary of State are to memorialize the President of the United States as to what that decision may be. Now, we can only memorialize Congress through the State at large. Some gentlemen suggest that we pass around a petition and get every man to sign it. That would be very well, but the Legislature has adopted a better plan. We can have a vote of the people of the State of California, which will, I trust, be overwhelmingly unanimous against Chinese immigration. That will be a memorial to send to Congress which they will be bound to respect. The^ cannot help but respect it. Under the treaty this last amendment ofilered by the gentleman from Ban Francisco is in no better shape for the purpose of getting around the Constitution than this section four, and I made up my mina to move to strike out the whole thing, believing as I do that it is an open viola- tion of the Constitution to pass this section, and it will fall dead on our bands. You will scarcely get a Justice of the Peace who will be willing to enforce it. SPRRCH OF MR. BLACKMRR. Mr. BLACKMER. Mr. Chairman : I seconded the motion to strike out, because I wish to get a vote of this Convention upon this proposi- tion. I am entirely opposed to it for the reason so ably stated by the gentleman from San Bernardino, Judge Rolfe. I am opposed to it, believing as I do that it is entirely unconstitutional, and if adopted could not be enforced. I believe the end aimed at can be arrived at by the section already adopted, by means of the Legislature. This section, in my opinion, is clearly unconstitutional. It is already embraced, so far as the State has any power, in the clause alrea4y adopted, " and aliens otherwise dangerous or detrimental to the well-being of^the State/' etc That part is included within the scope of legislative power. We can impose conditions upon which certain classes can reside m the State, and to provide means for their removal from the State in case of a fail- ure to comply with such conditions. Now, if the Legislature desires, it can do so under the provisions of the first section, and fix the condi- tions upon which they may reside in the State. If they desire to make up a case to be passed upon by the Courts, the Legislature can do it just as well as to put something in this Constitution which a majority of us believe to be unconstitutional. I hope this motion to strike out will prevail. Mb. REYNOLDS. Mr. Chairman: I desire to ask what question is pending? Thb chairman. The question is on the motion of the gentleman from San Bernardino to strikeout section four, and the proposed amend- ment. 8PRRCH OF MR. RRTN0LD8. Mr. REYNOLDS. Mr. Chairman : I hope the motion to strike out will prevail, and I also hope a similar motion will prevail as to section five, for the reasons which I gave this momizig concerning the adoption of the substitute of the gentleman from San Francisco, that the section and substitute were directiv in conflict with the doctrine as laid down by the Courts, as to the power of Congress over such subjecta. And, now, by the adoption of sections four and five of this report, we are attempt- ing to go over the same ground. I should like to see these two sections stricken out for the reasons already given, and, because, when I look at the work already adopted, I find we nave practically covered the ground in section one. We have provided for the deportation of alien criminals; that is one thing. Section seven of the report will strike out another thing,and with MCtion six, if we adopt it, we shall have covered all the ground that it is possible for us to cover without flying directly in the face of the treaty alipulations. Mr. white. I should like to ask the c^entleman what there is in Judge Hager's amendment that is opposed to the Constitution, or in violation of the treaty? Mr. REYNOLDS. I say I desire to strike out sections four and five and leave it stand as we have adopted it, with, perhaps, a portion of the last sections, in regard to denying aliens ineligible to become citizens of the United States the right to fish in the waters under the jurisdiction of the State, nor to purchase land or hold any real property in this State, etc., that covers one of the most vital points in this whole report. If we can prohibit them from purchasing or holding land we can make it almost impossible for them to live here. There is no Question of the power of the State as to conferring the right to hold lana — no question about it at all. The State can decide who shall hol^ real estate, and who shall not, even as to our own citizens; how much more then has the State the right to exercise this control over foreigners. Mr. BARNES. Does the gentleman know of any instance where a Chinaman has ever invested in real, estate? Mr. REYNOLDS. I know they have, largely; and it makes no dif- ference whether they buy or lease lands. One is as broad aa the other. The use of the land is sufiicient for their purposes, and if we can deprive them of the privilege of leasing real estate they cannot stay and do busineas here. 1^. BARNES. Do you say ^ou can put a provision in the Constitu- tion that will prevent them living in houses? Mr. REYNOLDS. That is what some of the gentlemen have asserted. I have not argued any such proposition. I propose to prevent him from leasing real property. Mr. BARNES. Why? Mr. REYNOLDS. Because we wish to discourage immigration and encourage deportation. Mr. BAR>i ES. Why do you wish to prevent them from leaaing real property ? Mr. REYNOLDS. For the purpose of preventing them from going into such branches of business as require the use of real property. I do not desire to be interrogated and catechised during the brief time that is allottod to me on this question. Mr. BARNES. I spent nearly the whole time answering questions when I waa on the floor, and I thought that I might be permitted to ask one or two questions in order to have a better understanding of the gen- tleman's arguments. I wanted to know the gentleman's reasons. I understand the objurgation in respect to myself, but I wanted the rea- sons of the gentleman. Mr. REYNOLDS. I am sorry the gentleman so considers my remarks, for they were not so intended, f am opposed to these provis- ions which have already been passed upon. If we prohibit Mun^lians from purchasing real estate, he cannot enter into competition with tiie granger and fruit grower. He cannot enter into competition with the wheat grower as he can now. I say, sir, that the Chinaman can enter into competition with the white man in the raising of wheat, because Chinese labor is cheaper than white labor. He can go into your valleys and beat you raising wheat, because he employs Chinese labor at five dollars a month for a long term of years, and you are compelled to pay white men thirty dollars a month. They can raise gram and other crops at about half the oost now, because they can employ this cheap labor for a term of years at a very low rate of wages, which the white man cannot do. So with every other crop. Hence, if you can cut him ofl' from leasing real property, he cannot then go in and compete with you in the raising of fruit and grain. I am sorry to see so much objur- gation, so much argument against the Chinaman because he is a China- man. That kind of argument proceeds upon a false assumption. He is a superior man in many respects. He is superior, I say, in many respects to the white race. He is superior as a laborer, as an economist, to which fact dozens of members on this floor can atteust ifi their sorrow from their own experience. There is no use in declaiming against him, he is our superior when it comes to economy. Mr. LIN bow. Let me aak you a question. Will you allow me to ask you a question? Mr. REYNOLDS. I hope we will avoid the absurdity of attempting to legislate against that which it has already been decreed we have no power to do, and confine ourselves to what we may do; and there is no doubt as to the right of the State to say who shall and w^ho shall not own and lease real property. I hope we shall strike out sections four and five, and then adopt these clauses in regard to the right to fish and hold real property. There is more in these two provisions than in all the rest of the stuff in this article. I am willing to adopt anything that can be made of any avail; but there is the whole business. It is not deportation. It is in no way in conflict with the treaty, or the Constitu- tion, or laws of the United States. It is not contrary to any decision of the Supreme Court that I am aware of, nor against any treaty stipula- tions. It runs against no settled doctrine of law. Mr. murphy. I move the previous question. [No second.] SPBBCH of MR. ATRRS. Mr. AYERS. Mr. Chairman : I have no serious objections, as far as I know, to the amendment offered by Judge Hager, in itself, but I do object to it as a substitute to section four. As a separate section I would 704 DEBATES AND PROCEEDINGS Friday, probably be in favor of it. If the gentleman will hold on until we get to the sixth section, where his firoposition will be germane to the sub- •ect-matter, I think I can favor his amendment. Now, sir, there is a disposition here to treat the arguments and authorities introduced here in favor of exclusion in an unfair manner. Our arguments and our authorities have not been answered. They have been sneered at, but they have not been answered. I say we have shown on this floor that the Supreme Court has held, time and again, that the States have the power undoubtedly to protect themselves from the importation of inju- rious and dangerous classes of persons, persons who are dangerous and detrimental to the best interests and welfare of the State. And in my argument, and in that of my worthy colleague from Los Angeles, Gen- eral Howard, we not only introduced the authorities in the Passenger cases, of a majority of the Judges in that case, and also of the minority, in support of these measures, and their reasons, in my judgment, were conclusive. They have asserted that Judge McLean sustained their proposition. Gentlemen have forgotten, or ignored entirely, the fact that in the debate on this Question, as regards the powers of the State, I read from the decision of Judge McLean, which has never been over- ruled or qualified. In Graves vs. Slaughter, (p. 568, Uth Peters), the decision is to this effect: ** Each State has a right to protect itself against the avarice and intru- sion of the slave dealer; to guard its citizens against the inconveniences and dangers of a slave population. "The right to exercise this power by a State is higher and deeper than the Constitution. The evil involves the prosperity and may endanger the existence of a State. Its power to guard atrainst and to remedy the evil rests upon the law of selt- preservation, a Taw vital to every com- munity, and especially to a sovereign State." That authority has never been answered. It is the law of the land, and upon that we base section four of this article, that we have a right to preserve ourselves from this curse. We have a right to protect our- selves from an inundation which threatens to destroy all our industries, and to destroy the morals of the State. It has never been answered. I say if we take this case to the Supreme Court, taking into consideration all the circumstances of the case, taking into consideration the character of the people that are being thrown upon us, the Supreme Court of the United States will follow their decisions in the cases I have mentioned and decide this measure to be constitutional. If the gentleman from San Francisco, Jud^e Hager, will withdraw his substitute and offer it when we reach section six of this article, I will support it. I will not support it as a substitute to this section. Mr. HAGER. Mr. Chairman : I have no obiection to withdrawing it, to be offered at some other time. I did not know that section four had so many friends here. I thought perhaps it was a proposition which would not be insisted upon. I think it is in contravention of the treaty. But I will withdraw my substitute, and offer it to some section that has not so many friends. Thr chairman. The gentleman withdraws his substitute. The question is on the motion to strike out section four. Mr. LIN DOW. Mr. Chairman : I offer an amendment. Thk secretary read: " All further immigration to this State of Chinese, ineligible to become citizens of the United States under the naturalization laws thereof, is hereby prohibited. The Legislature shall provide for the enforcement of this section by appropriate legislation." Thr CHAIRMAN. The motion is to strike out section four. Mr. RINGGOLD. Mr. Chairman : I desire to refer to the remarks of the gentleman from San Francisco, Mr. Revnolds. I wish to say that if he had expressed the sentiments which he has here, in regard to the white race, before the nineteenth of June, he would have been elected to stay at home. I hope, sir, that section four will remain just as it is. I don't desire to occupy the time of this Convention in discussing it. If it is defeated it will be heard from. I now move the previous question. The CHAIRMAN. The committee is ready to vote. The question is on the motion to strike out section four. Division being called for, the motion to strike out the section pre- vailed by a vote of 54 ayes to 51 noes. Mr. WHITFi. I offer a section in place of section four. Thk CHAIRMAN. It is not in order. The Secretary will read sec- tion five. Thk secretary read : Skc. 5. No person who is not eligible to become a citizen of the United States shall be permitted to settle in this State after the adoption of this C'Onstitution. Mr. ROLFE. Mr. Chairman: I make the same motion, strike out the section. I will only state that it is the same in substance as the other. It comes under the same objections. The chairman. The question is on the motion to strike out section five. Is the committee ready for the question? SPEECH OF MR. CROSS. Mr. CROSS. Mr. Chairman: I had not intended to speak on this que^^tion, for two or three reasons. One was that I thought we were unanimous upon the question. Another reason was that it seemed to inc we were consuming too much time. But when a motion has been made and carried to strike out a previous section, and another motion is ])en(ling to strike out section five, I deem it my privilege and my duty to state briefly to this Convention one or two reasons why I support these measures which seem so radical. Now, sir, to me it seems that the real strength of the propositions in opposition to Chinese immigration has not been stated on the floor of this Convention. The gentleman from Marin, Judge Shafler, stated the proposition of the other side in about these words: he said the Chinese snould be prevented from coming here because they fill the labor market and are a moral pest. Sir, there id such a thing as a peaceable struggle for the possession of the soil. There is such a thing as a peaceable straggle for the possession of the country. And the laws which govern these things are just as well established as any of the laws of nature; and they act, sir, with uner- ring certainty. Now, sir, there is one rule which will act here, which we are bound to look at and consider in our action here. Sir, when two races struggle peaceably for the possession of any soil, or any country, or any land, tnat race, sir, will prevail in that struggle which is most o^pa- ble of supporting itself upon any given portion of the soil. That is the history of the world. That is the experience of all civilized races. Now, sir, experience has shown that four or five Chinamen can wrench from the soil a living where only^one white man can make a living. Then, sir, this brings us right back to the question that it is not a ques- tion as to whether these people are moral pests or not. It is not a Ques- tion as to whether they pack the labor market, and take the labor from white men ; it is a question as to whether in a few years from now there shall be a Mongolian race or a Caucasian race to dominate this land. It is a question, sir, as to whether this country shall be covered by the homes of freemen of our own race, or whether it shall be filled with Chinese slaves. It is a question, sir, as to whether in every hamlet there shall be a Christian church or a joss house. It is a question as to whether the future schools of this land shall be schools in which shall be taught the principles of science and progress, or whether they shall be schools in which shall be taught merely the writings of Con fact ua. It is more, sir. It is a question as to whether our descendants shall occupy this country, or whether it shall be occupied solely by the Chinese race. It is a question, sir, as to whether in the near future' the descend- ants of the Caucasian race can find a place in this beautiful and fertile land which God has given to us, in which to plant their feet. Now, sir, if clover and hay be planted upon the same soil, the clorer will ruin the hav, because clover lives upon less than the hay ; and so it is in this struggle between the races. The Mongolian race will live and run the Caucasian race out, because it requires less from the soil to li-re upon. It was not the superior intelligence of the white man that took this country from the Indians and made it a prosperous agricultural country ; it was the great law of nature, acting in that case, that enabled many white men to draw support from the same piece of soil from which one Indian could draw support, and the Indians were forced to retreat again and a^in, and to-day are almost extinct. And, sir, we must take this question as it is, and we must deal with it as it is. It is a question as to whose land this shall be. Now, viewing this question in this strong light, I am disposed to support some measures which will be of some avail. I am free to say that I have a stronger love for mj own race than I have for the Mongolian race. I am frank to say that I will support such measures as I believe will make this land in future the home of white men, rather than the home of a Mongolian race. I know there are religionists who believe that these rowdy Chinese who come here will be Christianized. But, sir, I assume that the law of nature will prevail over these creeds and beliefs. I believe the creed of a nation will always prevail. Now, sir, perhaps some of these measures seem a little rash. But it is bet- ter that we shoula make a strong effort, even if it be a mistaken one, than that we should make none at all. Let it be understood in Washington that we attempted to put some anti-Chinese measures into the Constitution of this State, and that they were defeated by a strong vote ; let it be understood that they were defeated only by a Vote of fifty-five to fifly- one, as was the case with the vote taken a few moments aso, on the motion to strike out section four, and the members of the United States Senate will say, as has already been said, that the majority of the peo- ple of California are anxious to have these Chinese to remain among them. I say that all this clamor, and all this opposition against the Chinese, amounts to nothing in Washington, ana you know it You know what President Hayes' proclamation was. He did not dare to say anything touching this subject, and yet he is Chief Executive of this great nation. And, sir, allow me to say — and perhaps it is a little out of order here — that his actions in thus ignoring bur wrongs will cer- tainly damn the Republican party in this State. [Applause.] Now, sir, this question of citizens ineligible to become citizens of the United States has cut some figure here, and gentlemen well versed in the law have differed upon it. Allow me to say that the United States Congress has recognized a marked difference between those who are eligible to become citizens and those who are not. In all the laws of the United States with regard to public ladds. Congress has so fixed the matter that no Chinaman can acquire from the United States any kind of right to land. He cannot locate at all. He cannot file a homestead. He cannot file a preemption claim; cannot get any right or title to mining land ; and the authorities are there in the Revised Statutes of the United States. And that being the case. Congress having made this distinction in these matters, I believe we have the right to make a dis- tinction in the laws of this State, and to say that this country shall not pass into the possession of Chinamen; that we have a right to prohibit them from leasing the land, or buying land, and that no man of Chinese descent shall have the right to the possession of any land. I am in favor of this fifth proposition. I know it is radical. If it shall conflict, why, the United States will simply prevail, and we will acknowledge ourselves in error. We will have done what we could. It is better Ihan to make no effort at all. I believe these provisions are right I hope when we have adopted these provisions, those offered by Colonel Barnes will be brought up and given a full consideration. Now, sir, let us make a provision here so that if the Burlingame treaty should be repealed during this Winter, there will be power given by the Constitution to do something in this matter. SPEECH OF MR. LARKIN. Mr. LARKIN. Mr. Chairman : In regard to the motion to strike out section five I shall detain this Convention but a very few moments. I do not propose to argue the question of evils arising from Chinese immi- gration. I say this section ought to be adopted. This section is now in Dec. 1$, 1878. OF THE CONSTITUTIONAL CONVENTION. 705 the Constitution of Illinois and Indiana, and ha^ been for years. The section there was made to apply to negroes and mulattoes, and a fine imposed for coming into the State, and conditions upon which they may be transported from the State. It existed to the time of the adoption of the Fourteenth Amendment to the Constitution of the United States, and the Supreme Court sustained that provision. That was in relation to negroes born in the United States; and, sir, there is a class of men here now who are far more objectionable to the people of the United States than ever the negroes were in any State. I believe this right has been established. I believe we have not the right to prohibit their settlement, their right to travel, or to come here for commercial pur- poses. But the right to prevent them from owning any land, or leasing any land, or engaging in any business here, I believe we have. I have offered a proposition here, which the committee have seen fit to change in form, but the substance of it is in section five, and the last clause of section six. I believe this to be a gocxi provision, and I believe if we adopt it the Supreme Court will sustain us, and uphold it as constitu- tional. SPERCH O? MR.'WKLLIK. Mb. WELLIN. Mr. Chairman: I wish first to correct a statement made by my colleague from San Francisco, Mr. Freud. He gave the Chinese residents of San Francisco credit for paying- taxes upon one million five hundred thousand dollars, while they really pay on the small sum of four hundred and nineteen thousand seven hundred and thirty dollars, as shown by the Assessor's reports published in the Post of December second, eighteen hundred and seventy-ei^ht. I had no intention of punishing this committee by giving my opinions on this subject. I hoped that the legal members wuuld explain to us all the rights we had, and that we would be able to arrive at conclusions iateliigcnt and satisfactory; but, after a four days' debate, I am as much at a loss as ever. I have heard some of our best lawyers advo- cating measures as strong as any of the demands of the op{3onents of Chinese immigration; and others, again, on the other side, as fully learned, assert that we have no rights whatever. Now, I am one of those who think that something should be done, and that something means to abate the evil, for the evil is admitted by all. Now, Mr. Chairman, I take a different view of this matter from that expressed by many of our delegates. I look upon the present influx of Chinese as a something to be dreaded, and an evil to be prevented by all the means within the power of the State, and even expanding the powers to make them reach beyond what they seem to reach by the present interpretation. I am anxious to go to the very extreme meas- ures of legal lengths, and even to the seemingly un-American ideas, to remove them from our midst. Some people think we should merely petition the treaty-making powers, and there let the matter rest. These gentlemen seem to forget that California has sent petition afler petition to Washington. And let the Chinamen answer what good they have done. We have sent our members to Congress; and our Senators have laid our claims before the authorities at Washington, and they have been treated with scorn. California has sent up a cry from the pulpit and the press, and the cry has been supported by all classes of our citi- zens, and we were answered that it was an Irish alarm. And as for these gentlemen keeping their word with the people, why, the Presi- dent —Air. Hayes — promised some relief, and then passed it with silent contempt in his message. And in the face of all this, we are told to memorialize and be patient. Yes, memorialize and be patient, say these well-fed, well-clad, well-housed fortunate few, who are not suffering yet; but the time will come — and if nothing is done to prevent it, those fortunate and very patient gentlemen will cry as loud as the men who are now without house or home, and who are living like Digger Indians, degenerate and debauched. I look upon this question not merely as a conflict between labor and capital; I view it in a broader light. I see in it a struggle between two raoes—the ancient civilization, better named Asiatic barbarism, like a tidal wave lashing upon our shores, it meets the modem Christian civili- zation following after the setting sun. The modern, in its course, carries all that is useful and good; the ancient, everything that is degrading. The question now is for us to choose between the two kinds of civilization, modern Christian, or ancient Barbarism. Why, this question reaches down to the very foundation of republicanism itself, and threatens it with destruction. Our grand institutions are in danger of being overthrown ; our churches will soon become joss houses, and our scliools Chinese dwellings, as paganism has no use for schools or places of learning. We have our choice now; yield to barbarism or sup{x>rt the modern civili- zation. I mean to support the modern, even if it should require a resort to the extreme and doubtful contest of war. The Administration which refuses to answer the call of the people for protection from an enemy j is an Administration not worthy of^our support or confidence, and it is the duty of the people to retire it by their votes, and set up one that will come up to the demands of the times, and by fair and determined measures remove a threatening evil. More than thirty years ago the people in Illinois, by force and vio- lence, drove the Mormons from their State, and everybody approved the act. The same Mormons moved West and settled in the desert, forming a new and strange government, and defying the laws of the laud. And why has the government been so silent upon the subject? There a degrading custom of polygamy is carried on in open defiance of the established law, and our authorities at Washington are blind to the whole subject; and we are threatened by dire calamity if we try to rid our State of a degraded race which is destroying our very existence. Do these gentlemen who, in their mild and humiliating way, mean to tell us that the government will only bolster up and defend the worst form of de^adation that can be practiced? Polygamy in Utah and paganism in California! Do these gentlemen mean to say that the Administration can look with an approving eye u[)on these degrading things and feel that it will only punish those who try to suppress them, 89 and by such acts approve them? We may well ask if the gold of James Q. Cannon, and the mysterious heavy faloxes of Chin Lan Pin, of the Chinese Embassy, has anything to do with these things; and while all this is ^oing on we are told to have patience and send another memorial. You might as well wait for leave to put out the fire that was consuming your house as send another petition. I ho|)e this measure will pass, even if it seems un-American. We have the vague hope that the President will yet move in the matter, as the political party scales are so nicely balanced that the little western State of California will be of some importance in the next Presidential election, and on the ground of selfishness, which seems to move men more than reason, the government may abrogate the treaty, and then the measures would all come good; and even if they deny us this, the Courts can only decide those parts unconstitutional, and the remainder would stand. The gentleman from Sonoma, Mr. Stuart, made a speech which was only valuable as showing the gentleman's courage. He would destroy all our naturalization laws,and,7rom his standpoint, thinks the Chinaman a very desirable immigrant; he seems to think that he is the onlv man in California who raised a family, and without Chinamen we would have nothing; he says they have created all the wealth, and built all our cities. Now, they may have cultivated his farm, and helped raise his family, for all I know or care, but I have seen most of the cities of Cali- fornia, and I have yet to see the first house built by a Chinaman. Mr. STUART. May I ask the gentleman a question? Mr. WELLIN. Yes, sir. Mb. STUART. I called upon the farmers around me to see if they were not in favor of the Chinese, and if not, to rise and say so; and, as they made no reply, I considered they approved my position. Mr. W ELLIN. Sir, one gentleman, Mr. White, of Santa Cruz, rose in his place, made a sjieech, and did not approve — he condemned your course, and he is a farmer of twenty-five years' experience in California, and never employed a Chinaman. And I inquired of those who have seats tfround me — Mr. Boucher, Mr. McConnell, Mr. Schomp, and others — and not one of these gentlemen, all farmers, support you. You, sir, stand singly and alone. But he would, if in a Naiional Constitu- tional Convention, vote to abolish all naturalization laws. We may all feel happy that the Constitution of the nation was made by men of more liberality. Have people the right to remove an objectionable thing from among them? we have shown that Mormonism was driven out of Illinois by violence, and we may remind you of a memorable tea party in the Harbor of Boston; and not many years ago, in Staten Island, the New York quarantine buildings were considered dangerous to the health of the people, and after the usual waiting and petitions, one night a great fire swept them all away, and the danger was removed forever. Suppose a great fire should occur in San Francisco, and a nuisance abated. Fire is a good purifier; but we hope that it will not be required by a free people. I do not advocate insubordination, but if all relief is denied, and the evil of which we complain is protected; if the laws we make are only to be used to support an evil, then the people must remember the Boston tea party ana the people of Staten Island. Our learned lawyers have been as much at sea in this matter as the ij.en from the field and workshops. Now, I am losing some of my good opinion of our legal gentlemen on constitutional matters, when a simple case was placed in their hands to bring an api)eal by this Con- vention from the State Controller, on the payment of a bill, and the matter was done in such an unprofessional manner that their case was thrown out. I believe the report of the oommittee should be adopted with very little amendment, and await the action of the Courts, and then do whatever the times may demand, and I am fully convinced that if the presence of the Chinese was as injurious to the rich as it is to the poor, a remedy would soon be found. A year ago last June, some Chinamen located in the fashionable picrt of New York and built their wooden shanty, engaged in the laundry business, and were doing well ; but one mornine a gang of men came and tore down the house, threw its contents on the ground, stacked the material on their wagons and drove oflT. Now, if this was done in San Francisco, what name would thev get, and what would be done? They would be called hoodlums, and be punished by the law. But this was done in New York by the police, and the materials of the building carried off to the corporation yard. And the people approved of the act. Wait till the Chinamen get to going East in consiaerable numbers, and we shall see a revulsion of sentiment that will cause these proposed measures to be regarded in a very different light. There is not a city in the Union that would have stood what San Francisco has. The people have been patient and long suffering, and they are looking to this Con- vention for some legal redress. And now it is proposed to strike out first one section and then another, until there will be nothing left of the report. I say, let us adopt these provisions, and let their constitution- ality be tested before the Courts. If the Courts shall decide them to be unconstitutional, all we have to do is to submit. But let us see how far we are permitted to go. It is our dutv to try every means within our power to do away with this curse, and if we do not make the attempt we will never accomplish anything. REMARKS 0? MR. DUDLEY. Mr. DUDLEY, of Solano. Mr. Chairman: I will do as much as any member on this floor to remedy this matter. Section four has already been stricken out, because it was considered to be in contravention of the treaty between China and the United States. Section five, notwith- stanaing the eloquent argument of the gentleman from £1 Dorado, I consider to be in contravention of section five of the treaty with China, which recognizes the right of men to change their residence. I am, therefore, in favor of striking it out. . SPEROH OF VR. WHITB. Mr. WHITE. Mr. Chairman: I offer an amendment to seotion DEBATES AND PROCEEDINGS tivr. I ofTar it for the reason that the roiiveiitiua tieenis lecflU3e it pro- Tides that no force shall be used. Now, sir, I meau to support the amendment of Judge Ilager with all my energy when the time comes for it to be introduced again. I believe it dues the vbole businefis, while I believe it doea not conflict with the laws, or the treaties, or the Constitution of the United States. I think he has already shown that it does not conflict. It will, of course, be some inconvenience to while immigranta arriving here, hut we must do something if we wish to accomplish anything. They will be put to some inconvenience, but it will only be temporary. That, in my opinion, will end the matter. I believe it will accomplish mure than the entire report of [be committee toWBidg driving the Chinese out of the country. 1 ofler this as an amendmeut; " Sec. i. The Governor shall, by proclamation, forbid the entrance into this State, after the first day of January, eighteen hundred and eighty, of any Chinaman or Mongolian. Any such person arriving in this Stat^; after the first day of January, eighteen hundred and eighty, may be expelled from the Slate by such means as may be prescribed by the Iiegislalurei proeided, Ihul, nothing in this section, nor any law passed in pursuance thereof, shall authnrite the Governor, or any Btate oHicer, in the expulsion of any such Chinese or Mongolian, to forcibly resist the civil or military power of the United States. If the Govenior shall be prevented from enforcing this section, or the laws made in pursuance thereof, by the Government of tlie United States, then it shall be the duty of the Governor to lake such action as will enable him to contest the ri^^ht of the United Slates to prevent the execution and enforcement of this section, and the laws made in pursuance thereof, before the Supreme Court oflhe United States." 1. ANDREWS. Mr. Chairman notion was made ing beyond the powe of the State. I claim that it is an open question as to the power of tl State. Notwithstanding the authorities that have been cited here, au the arguments that have been made, 1 claim that this is en open que IS four ve. Mr.Chairi 1,1 will ready a paragraph lofJustice Mcl*an, in the Passenger eases, whi yet been read, page one hundred end thirty-two, seventeenth of Curtis; " No one has )'et drawn the line clearly, because, perhaps, no one can draw it, between the commercial |>ower of the Union and the municipal power of a State. Numerous cases have arisen, involving these powers, which have been decided, but a rule has necessarily been observed as applicable to the circumstances of each case. And so must every case be adjudged." Kow, sir, from the discussion on this floor, I believe it will be con- ceded H9 a fact that we must stop this Chinese immigration, or the civilizationof this country will be destroyed. We must slop this Chi- nese immigration, or our State will be destroyed. That, sir, is the proposition, and I believe that nine tenths of those on this floor are of al b to Congress the States did n .herant in organised community. They may guard against the introduction anything which may corrupt the morals or endanger the health or li' of their citiaens." I say this, sir, that if the cjiiestion involved in these two sections e' was decided, it was decided in favor of the Stole having the power regulate this matter. This is a question that must be met, and I am section four. It becomes us, in view of the surroundings, to meet thi questions as Americans ought to meet every question, fairly and square and the question was squarely met in section four, which bus ht stricken out. What isour position ? We are the advance guard of ci HiBtion. We are here at the front, at the western margin of the eropi lir, meeting and facing this evil, that if it cannot be n ivill n Pacific Coast, but it will destroy A land. n throughout the IS though ( hing oT tl Now, sir, certain gentli were advocating revolution. Nothii _ stand that when we are sumding here contending for our right to deal with this question, independent of the Federal Government, that we are advocating revolutionary meaauros. This, at least, is an open question, and it is a question that ought to be tried by the highest tribunal in the land. We arguing, not in the spirit of a revolution, but in a spirit that becomes American citizens, and if the decision is against us we will actcpl it in the same spirit. I regret to hear any threats of riot and revolution. 1 concur with the gentleman from Son Francisco, Mr. Beer- steehcr, that this government is drifting into absoli him in that. But riot and revolution and violeni absolutism. It will h,Bve no other effect. And I i remedy proposed in sections four and Ave should Government will help us out. I hope section five out. I am sorry that section four has been slrickei rolved in » It the Conn is Conve n Ave that the two sections perhaps t« enable them one might have been bf questionable character an federal power in prohibiting immigration. The power of the State acting within its own jurisdicl who could not support section four on aconunt ot the Federal Constitution, may safely support sect oueslion tA a iudicial determination. Now. what re? The first thing w Conv t judgment recorded in luthorit and wishes of i tional Conv, !■> cap«!ity represenlin sovereign people of a Stale body. Weobtainalistoft the'work back to them for these declarations in the Constitution in ordvr pledges they made to the Stote. We expressly bring the whole power of the State lo bear for tl evil. How is it, sir, that these gentlemen speak declaring themselves opposed to Chinese iminigrs religious and refuse us their aid 1 We are soon to upon a proposition here which is based upon the wliich powers have never been denied, and canr gentleman upon this floor. The Slate m regnnl to the regulation of its inter law this cannot be controverted. 1 en< men here a declaration that they were in favor • verge of oonstitutional law. I wanted to obtain declaration that they were in earnest in nsing th not questioned to prohibit this iniuiigratiou, the p does possess over its internal atl'airs, in the regulal governmental atTairs, its public Wi ' tal alTair! Yout n deni adopted a provision forbidding corpon "ut do you think that is a sulticje -eth aolher. When Jiey o' e lin< ke up another oes. We all know that. They came to Califon IS what they came for in the beginning. But tl B such that they bi d they can resort .ploytl -- "- it goes, b vill n icfory t< satisfied with a stone, f am in favor of adopting tl it only declares that they shall not be allowed lo the basis upon which legislation is lo be built. Convention wilt adopt the section. Ma. REYNOLDS. Mr. Chairman : When Issl few words to say in reference to sections four and licular objections to sections five and seven, if Ihej declaration of principles, though one is a repetitio not know that there is any particular objection lo Mb. HOWARD, of Los Angeles. Mr. Chairma the position taken by the gentleman from El I somewhat confused as regards the Constitution of tution of the State of Illinois, of eighteen. hum " The General Assemply shall, at ils first sessior Constitution, pass such laws as will efleclually p color from immigrating to and setthug in this Sti prevent the owners of slaves from bringing them purpose of setting them free." I will ask the Secretary to read a portion of a: Constitution of Indiana, of eighteen hundred and Tmr SECRETARY read: "Section 1. No negro or mulatto shall come Stale after Ihe adoption of this Consitulion. " Stc. 2. All contracts made with any negro o the State, contrary to the provisions of the foreg void; and any person who shall employ such Dec. 13, 1878. OP THE CONSTITUTIONAL CONVENTION. 707 otherwise encourage him to remain in the State, shall be fined in any sum not less than ten dollars, nor more than five hundred dollars." There seems to be a large number of gentlemen in this Convention who are in the position of the man down £ast in regard to the Maine liquor law. He said he was in favor of the law but against iU execu- tion. [Laughter.] They all deprecate this evil, and admit that it is monstrous — a terrible thing. But they say they can't do anything; that we are tied upj that we have no power. Now, sir, that was before the Supreme Court of the United States, and they decided that the State had the power, as a matter of self-defense, to exclude a population deemed injurious, notwithstanding it was an interruption of commerce. That is what Judge McLean said; that is what Judge Wayne said. As a matter of self-defense the State has a right to exclude an obnoxious pop- ulation. Now, Mr. Chairman, I must say that it is a little extraordi- nary that, with this great evil hanging over us, we are not willing to go to the extent that the States of Illinois and Indiana were willing to go to in relation to mulattoes and negroes. It shows one thing, I think, con- clusively, that if the United States had not been reiniorced by iliese V^estem men, she never would have won the fight, and that the men of the West have at least some courage, moral and physical, and thev are willing to take some of these consequences, be they what they may. ^ow, are we not willing to act when we are supported, as I say we are, as I say the Supreme Court of the United States has decided we are, are we not bound to act? For, in almost every case, that has been cited here by the other side, relates to a tax which was levied before the ihimigranls had landed. Mr. Chairman, there is and always has been in this State a party in fevor of Chinese immigration, and there is now. They have not all got the frankness of my friend from Sonoma, Mr. Stuart, but while they do not care to acknowledge it, they are none the less in favor of it. They are in favor of it, but have not the courage to say so. These largo corporations are in favor of this cheap labor. The man who cultivates thousands of acres is in favor of this cheap labor; the more he can get of it the larger his profits will be, and the more he is in favor of it. That ifl the position we are in to-day, sir. Mb. JOYCE. Don't you think the majority of this Convention are in favor of it? Mr. HOWARD. I do not know what Uiey are in favor of. To my mind the principle of section five is the same as section four. I shall support it oecause I believe we have the constitutional right to do it: because the Supreme Court of the Uuited States, which is the final arbiter on constitutional law, has said so. And even if the State Con- stitutions to which I have referred, were in some respects contrary, they are entitled to great weight with me. But it so happens that they are quite the contrary. Now, sir, it has been said by my friend from Sacramento, Doctor Caplcs, that this question has been construed and settled by Judge Grant, and that since then, the States have no rights. Well, sir, I pre- fer the decisions of the Supreme Court of the United States to that of Judge Grant Mr. CAPLES. If the gentleman will permit me, he is mistaken. I did not say that the States had no rights since. I did say that I believed that great decision had colored and influenced the opinions and decisions of Courts and changed popular opinion. Mr. HOWARD. I arn glad to hear the gentleman admit that the States have still some rights left, notwithstanding the decision of Chief Justice Grant. As I was about to say, I acknowledge that Chief Justice Grant is weighty on ne[x)ti8m, the third term, and imperialism; but on ?[uestions of constitutional law, the gentleman will excuse me for pre- erriug the authority of the Supreme Court of the United States, and especially as expressed in their judgments since the rebellion. They have put an end to bayonet government, I trust never to be revived in this country. It is due to that Court to say, that amid all the bitterness and violence of party and sectional conflict, it has maintained the true Srinciples of the government, and as a general thing the rights of the tates. Now, sir, I say that the fifth section is supported by the Constitution of the United States; supported by the decisions of the Supreme Court of the United States; ana for that reason I shall vote against the motion to strike out. I shall also vo^e for Judge Hager's proposition, with some amendments that are necessary. But the fifth section is clear, and is supported by the decisions of the highest tribunals in the land. Mr. WHITE. I withdraw my amendment for the present. Thb CHAIRMAN. The gentleman from Santa Cruz withdraws his amendment temporarily. SFinCCH OF MR. CAPLES. Mr. CAPLES. I am sorry to be engaged in the thankless task of tearing down the beautiful air castles built by the distinguished gentle- man from Los Angeles. I am really surprised to hear the distinguished gentleman from Los Angeles draw a parallel, or assume to tiraw a par- allel, between the provisions of the Constitution of Illinois of eighteen hundred and forty-eight, and the Constitution of Indiana, in excluding the free negroes and mulattoes from that State. Why, the gentleman knows very well that there was no Burlingame treaty in existence at that time. We had no treaty with the King of Dahomey, or with the Southern States. It was years and years before, and there is no parallel at all in the cases. The section declares that the Chinese shall not reside in California. The treaty declares in express terms that they shall reside in California if they want to. Now if my distinguished friend from Los Angeles had, like the Pope, fulminated a bull against the Burlingame treaty, I would have joined him with all my heart. Mr.TIOWARD. The gentleman will excuse me, but that is precisely what I have done. I say the treaty, so far as it conflicts with our power to exclude this class of people, is totally void. Mr. CAPLES. I took an oath, when I entered upon my duties here, to support the Constitution of the United States, ana the Constitution of the Stiite of California. The Constitution of the United States declares that the Constitution, and the laws enacted in pursuance thereof, and the treaties made in pursuance thereof, are the supreme law of the land. The treaty — and I am free to say that it is the sum of all villainies — nevertheless the treaty is the supreme law of the land, and I have sworn to support it. And I say it declares in plain specific language, that these people shall have the right to come and reside here, while this fifth section says they shall not reside here. Mr. AYERS. I desire to ask a question. Mr. CAPLES. Yes, sir. Mr. AYERS. If the treaty violates the Constitution of the United States, then it cannot be constitutional, and by adhering to the treaty we would be violating the Constitution of the United States, which is higher than the treaty. Mr. CAPLES. The gentleman raises a constitutional question that must be determined by tlie Federal authorities and the Courts. It has not been declared unconstitutional, and Ifke a law is binding until it is repealed or declared unconstitutional. I am free to concur with the gentleman that the treaty is in conflict with the letter and spirit of the Constitution of the United States. But until it is so declarsd and set aside it is binding. Mr. AYERS. Allow me to ask how we can make a case in order to test the question as to whether it is constitutional or not, if we cannot make it in this way. What we want is to make a case to test that very question. Mr. CAPLES. A case can be made — there is no difficulty in that respect. But I think there could not be a worse way than to incorporate a provision that is clearly in direct conflict with the laws and treaties of the United States. The gentleman asks how we are going to make this test. Let the Legislature enact a law, and if it is set aside as being unconstitutional, there is no harm done. But if we put in the Constitu- tion of the State a provision that is clearly in conflict with the Constitu- tion of the United States, we cannot repeal it, and that is where the principal objection comes in. It will defeat the Constitution and swamp it out of sight. I desire that we shall make a Constitution that shall be adopted by the people. If we load it down with things of this kind, it will be rejected. I am, therefore, in favor of the motion to strike out section five. The CHAIRMAN. The question is on the motion to strike out sec- tion five. 8PKECH OF MR. WSST. Mr. west. Mr. Chairman : A few weeks ago the people of Califor- nia were surprised that an individual of some note, and of some repu* tation for truth, having something of a position in the political world, should assert in Washington that the people of California were not opposed to Chinese immigration ; that only Kearney and some of the ignorant Irish followers were opposed to the Chinese. Now, sir, this Convention is supposed to represent the public sentiment of California. It is supposed, by its acts, to reflect the will and sentiments of the people of the State. Now, if the vote taken by this Convention upon the motion to strike out section four of the report of the Committee on Chi- nese Immigration is a correct criterion of the opinions of the members of this Convention, then the people of California are not properly repre- sented, and there will be a seeming verification of Mr. Bee's statement, that it is only the ignorant Irish who are in favor of stopping Chinese immigration. Now, one word in regard to the decision of Chief Justice Grant. I was one of the jurymen who helped to decide the question upon that occasion, and I speak for the balance of the jury when I say that the question there decided was that a State of this Union could not secede, and that the laws of Congress, made in pursuance of the Constitution of the United States, should be obeyed, and the citizens of this govern- ment who believed in those principles defended them with their lives, and by their sacred honor. But, sir, I deny in toto the assumption that any part of t)ie question was in issue. I say, as my colleague has said, that the only wey to try the constitutionality of that treaty is to make up a case and take it before the proper tribunal. I say this is one of the highest rights of an American citizen, and I shall vote in favor of retaining section five. Therefore I hope that the motion made by the gentleman who represents the equinoctial line will be voted down by this Convention, and that we shall retain it simply as a proposition declaring that the further immigration of the Chinese into this State as citizens, hecoming citizens, shall not be allowed. By striking it out vou give the lie to the assertion that the people of this State are opposed to Chinese immigration. If we put that declaration in the Constitution, we simply declare, as the representatives of the people of this State, that the further immigration of Chinese into this State is subversive of the best interests of the people, and that therefore we enter our solemn pro- test against it. Upon that provision we will go to the Courts and appeal to them to protect us, and defend us in our rights. It will be valuable as an oflicial protest, even if for no other purpose. Mr. CAPLES. Allow me a question. Mr. west. Certainly. Mr. CAPLES. Is the gentleman not aware that the Committee on Chinese have under consideration, and in course of preparation, a memorial to Congress on this subject, in which it is expected there will be universal condemnation of this evil? Mr. west. I am aware of that fact, and I know that so long as we content ourselves with drafting memorials so long will we be left with- out aid. You know the axiom — "the gods help those who help them- selves." How will our memorial be received by Congress, and the Eeople on the other side of the mountains, when the record of the vote y which this Convention has stricken out section five has gone along Dec. 14, 1878. OF THE CONSTITUTIONAL CONVENTION. 709 •ubmit the following, and recommend its adoption, and also that It be printed in the Jonrnal. For the Committee: W. H. L. BARNES, VOLNEY E. HOWARD, P. T. DOWLING. Constitutional Convention or Calii^rnia, 1 Sacsahknto, December — , 1878. ) To the Goremon of Oregon, Nevada, and Washington Territory: Your attention ifl respectfully invited to a reaolution adopted by this body, on Uie 9th instant, of which the following le a copy : Jte»>lvetly That a committeo of three be appointed by the Chair to draft petitions ti> be forwiu^ed by this Convention to the GoTernors of Oregon, Nevada, and Wash* ington Territory, requesting their Excellencies to memorialize the President of the United States and tlie Senate, on behalf of their States and Territory, for a modiflca- tioD of the Burlingame treaty, now existing between the Chinese Empire and the Repnblic of the United States of America. Tills body entertains no doubt that the people of Oregon, Nevada, and Washington Territory are in full accord with the people of Califurnia in desiring to prevent the further immigration of the Chinese, and to compel the removal of those now domi- ciled upon tlie Pacific ('oast. It believes that your Excellencies have recognized the evils which have resulted from the presence of the Chinese, and that your Excel- lencies will cheerfully unite with us in the expression of the existing universal sentiment of hostility to its continuance, to the President and Senate of the United States, to the end that the treaty now existing between the United States and the Empire of (liina may be abrogated, or so modified as to permit the prevention of further immigration of a vicious and non-assimilating population. You understand, doubtless, as we do, that these people have no respect or regard for our government, either as to its form or administration ; that they govern them- selves by a system of laws peculiar to themselves, and have their own tribunals for the adminlstnition of law ; that twenty -five years* experience has shown that they are incapable of assimilation, either in sentiment, habits of life, or religion ; that they are rapidly absorbing all branches of mechanical and manual labor, and expelling from most ordinary pursuits the middle and poorer classes of our citizens; that the destitntion thus caused is developing a race of American paupers, criminals, and tramps, instead of a race of industrious, virtuous, and intelligent American citizens; ih&t the existence of either an aristocratic or servile class is a perpetual menace of free Institutions, and that both these deplorable results of Chinese immigration are imminent, and have already manifested themselves; that the habits of the Chinese, the absence of the ftimily relation, of fixed homes, and of decent social life among them, enable ihem to support themselves and accumulate money upon wages which would starve an American citizen, and that their accumulations are very rarely expended or invested in the oommunitics where they are domiciled, but are trans- mitted to the country of ttieir nativity, and that they are therefore enabled to avoid tMxatlon and any considerable share of the burdens of government, and to drain the circulating capital of the coast ; while their criminal habits and utter immorality are filling our prisons, jails, almshouses, and placer of refuge for the destitute, and debasing, by example and intercourse, the rising generation. We Iwlieve that these considerations, and others that may occur to your Excellencies, should be pressed upon the attention of the President and the Congress of the Hutted States. This body will take occasion to express the views indicated above to the President and Senate of the Unite the President of tlie United States : Ws, the members of the Constitutional Convention of the State of California, rapectfally represent that the continued immigration of Chinese to this coast endangen the health, peace, and prosperity of the people. This representation we make upon our own knowledge olT the facts, and therefore earnestly request such Execntivs action in respect to the existing treaty with Gbina as will afford relief from the evils of such immigration. To the honorable the Senate and House of Representatives of the United Elates: We, the members of the Constitutional Convention of the State of Califurnia, req>ectrally represent that the continued immigration of Cliinese to this coast endangers the health, peace, and prosperity of the people. This representation we make upon our own knowledge of the facts, and therefore earnestly ask that the necessary national legislation be promptly had to prohibit their further immigration. SEMARKS OF ME. KILLER. Mb. miller. Mr. President: The committee instructed me to explain to the Convention that it was thought best to make these memorials as short as possible, and merely expressive of the sentiment of the people of California as represented by the delegates of this Con- vention, that the Chinese immigration ought to be prohibited. There have been a number of memorials sent to Washington to the President and to Congress, in which the whole Chinese question has been elab- orately argued. The committee thought that if this Convention, or the members of this Convention, who represent the whole people of the State of California, in this brief manner expressed their views or their belief that Chinese immigration was an evil that ought to be prohibited, and state that they do it from their own knowledge of the facts, that argument would be unnecessary in such a document; that the argu- ment had better be left to our Representatives in Congress; that we merely reinforce them by this expression of the popular will of the people of California. Representations have been made, as we under- stand, that the opposition to Chinese immigration in this State is con- fined to a limited class of our people. By this act we mean to show that it is not confined to a single class of our population, but the dissat- isfaction was universal. The memorial that has been submitted here this morning by my friend from San Francisco, Mr. Barnes, of the Special Committee, addressed to the Governors of certain States, does argue thequestion, I think, very clearly and well. A memorial was sent last Winter, at the last session of the Legislature, I think by the Senate, which goes into an elaborate argument upon the subject. It might be well to send these memorials to the different Governors as well as Senators and Representatives. I merely rose to state that opinion of our committee that it was best to present a brief memorial to the point, as we have done, and it is for the Convention to decide whether they will adopt them. REMARKS OF MR. BARXES. Mr. BARNES. Mr. President : I do not understand that the memo- rial presented by the Special Committee appointed to prepare an address to the Governors undertakes to argue the question at all. I understand it rather to be a statement of facts from which the arguments may be adduced that this treaty ought to be refohned or abrogated entirely. I think that the ground taken by the Committee on Chinese is hardly tenable. We must admit no question that the recommendation of a body of this character, abroad at least, if not at home, is such as to entitle it to respect, and it is hardlv enough to address a communication to the President and Senate of the United States as lonsr as an invitation to dinner, or a dunning letter, saying, in effect, that this claim against the government has been put in our hands for collection, and they had better speedily attend to it. I think it would be fairer, in the sense of making the case plainer, if this body were to take the trouble, and the committee were to take the time, to state, as it could be stated in very much better language, and more oonciselv, I think, upon careful con- sideration, a full review of the subject; ior, indeed, when one under- takes to consider the facts, they go on until it gets to be a very large subject for consideration. A suggestion was made to me that it ought to be a statement of the effect of this system of peonage that exists among us; the fact that it is & system of slavery worse than the one that has been abolished in this country, from the fact that the owner is not a resident; that the result of this labor is transmitted to another country. That, of itself, is a very importent question. I think it all ought to be considered. After taking up this question, and giving it considerable attention, I found myself drifting naturallv into a very radical view of the subject, but a radical view that, I think, can be sustained upon the principles of law and upon the principles of justice. The gentleman from Alameda, Mr. Van Dvke, in falling back upon his constitutional objections, remarked that he did not intend to be a demagozue or a fool. I would suggest to all gentlemen of his senti- ments that while it is easy enough -to avoid being a demagogue, as I understand the word, instead of attempting to strike an^ blow for popu- lar rights by keeping still, or falling back on constitutional objections, when you come to the question of being a fool, man proposes on that subject, but GK)d disposes. [Laughter.] I do not know whether the gentleman is in his seat. If he is, he must be doing what the gentle- man from Marin alluded to the other day — sitting upon his head. Mr. SCHELL. [Sotto voce.] That's good sand lot talk. Mr. BARNES. The gentleman to my right sa^s that is good sand lot talk. I want to be understood, and I do not intend to he changed in my course by enemies in the field, nor by side-bar remarks, and I will say to my friend from Trinity — [examining the card on the mem- ber's desk] — Mr. Schell, well, remarks of that kind come from a shell that has nothing in it. In pressing this matter upon the consideration of the Convention I wish to say once for all, for myself, that I have no part nor lot with the sand lots, nor with anybody else; but I am free to say this, that if the sand lot^ has an idea that is a good idea, I am will- ing to help it. There is a great deal about the sand lots that is right, and there is a great deal about the sand lots that is wrong — villainously wrong — and I regret for the sake of themselves that some of the gentle- men who represent what we have come to call the sand lots, because they meet out of doors to discuss grievances, real or fancied, have got up here and made speeches, like Mr. Wellin, and talked about the streets of San Francisco running in blood, and about fire and rapine. Mr. wellin. I do not think I used any such language. Dr. O'Donnell made some such remark, but he is not the mouthpiece of the sand lots. Mr. BARNES. I understood several of the gentlemen to make allu- sions of that kind. The principle is right, but that sort of discussion is Bee. 14, 1878. OP THE CONSTITUTIONAL CONVENTION. 711 it might be submitted again. They have here a report of three hundred and two pages, the most conclusive document we could offer to the Con- gress, or the people of the United States, on this subject. If an^ change should be made I would move to substitute this, and I believe this would satisfy any gentleman on this floor. But I believe our report is sufficient. Our own delegations in Congress, in both houses, are familiar with this subject. We thought that the main object would be to have e;ich member of this Convention subscribe to the report. Such a report was made, as we did not believe any man could hesitate to sign. The main object was to have a unanimous vote of this Convention. Mr. BARNES. Mr. President: I move that it be recommitted to the committee, with a request that they insert a brief statement of facts. I do not understand that we want a statement of all the facts and evidence of the subject at all, but that there shall be a statement of something more than that we believe the presence of the ('hinese is injurious to the health, the prosperity, and the j)eace of the State. I think that is hnrdly enough. If brevity is the soul of wit, why, that is the wittiest thing'on a big subject that was probably ever written. It is too brief, I think. I do not know whether the Convention will agree with me, of course. I intended to hiake a motion to make it a little more ample. I do not know that there is any occasion for writing. We do not want figures of speech, but a very plain statement of facts, setting forth some of the salient points. We all know that the ground taken by those in favor of the Chinese in the East is, that the opposition to them is con- fined entirely to the uneducated portion of the people of this State; therefore, when a representative body like this speaks, what it says will be read and will be considered, and I think it ought to be something longer than that which has been presented. Mr. WHITE. Mr. President: The object of the committee was to draw such a document that every member would sign it. I think the committee acted judiciously. I am very certain that it will commend itself to very nearly every man in the Convention. RCMARES OF MR. ANDRRWS. Mr. ANDREWS. Mr. President: I hope this motion to recommit will not prevail, and that if it is recommitted, it will be to some other committee than the Committee on Chinese. This memorial, as I under- stand it, meets with the ideas of that committee unanimously, and, Mr. President, I do not think that the objections raised by the gentleman from San Francisco are well taken. That memorial expresses that Chinese immigration is an evil, dangerous to the peace, happiness, and prosperity of the people of this State. I do not remember the language, but It expresses it, in my opinion, sufficiently. Could we have expres^ !nore, even if we adopted the language of the gentleman from San Francisco? We express, as we believe, the sentiment of the people of this State, and express it fairly and fully, and I do hope, if it is to be rerv>inmitted, it will be recommitted to bome other committee, or that it will be recommitted to the gentleman from San Francisco, Colonel Barnes. , RRVARKS of MR. 8HURTLEFF. Mr. SlIURTLEFF. Mr. President; As a member of the com- mittee I would say that I supported this memorial because it is short. There have been many memorials sent from this State that have not been considered, and it is a well known fact that matters that come before the President and Cabinet are not considered if they are couched in lengthy terms. This, I admit, and we all feel, is a great national question. It is a question that concerns the people of the United States, but it has not made its mark yet, as it should have done, upon the councils of the nation. I am glad to see that some statesmen are cogni- zant of this matter, and that great men are paying their attention to it and are drawing conclusions, among them Senator Bayard, of Dela- ware. He speaks of it as a statesman grappling with a great issue. The evils are set forth there briefly, and I think sufficiently, and I believe it will meet the attention of the President and Cabinet. The long documents that have been sent from here have not had the atten- tion that they should have had, but I believe this sets forth the evils, and the arguments will be presented by our delegation in Congress. I support the memorial because it is short. REMARKS OF MR. CASSERLT. Mb. CASSERLY. Mr. President: I confess that when I saw the memorial, reported by the Committee on Chinese, I experienced a feel- ing of disappointment. Of course no sensible person would be in favor of a memorial so long that the average man would not have time to read it and carry it in his head, but there is certainly a distinction to be drawn between a memorial so very short as this is and one of the length I have just described. We must remember that it will be scrutinized by men who are familiar with documents, and with the expressions of men who feel that they are suffering great wrong. When this is printed it will make about two lines and a half of ordinary print. Shall I be told that a people feeling that they are struggling with an enormous wrong can salis^ themselves by a complaint of two lines and a half in print? Why, sir, it is not reasonable on the face of it. I am in favor ol recommitting this memorial. I believe that a memorial properly drawn, with sufficient fullness to coverall the cardinal facts, would be a great help to us, and for one I should not consider the time spent in recom- mitting the memorial lost. I think it is a very critical movement. If I diJ not think so I would not rise at this time to interfere in the slight- est degree in its disposition ; but feeling as I do, I think the best disposi- tion that can be made of it is to recommit it to the committee. Then I shall ask leave to amend the memorial as it now js by inserting the word "morals" after the word "place." I want that inserted, if the Convention will allow it, because, m common with a very great number of the people of this State, I consider the moral aspect of this Chinese queation a» a predominant one. Mb. RINGGOLD. Mr. President: I hope it will be recommitted. If the only point is to have it brief, why, just put in "The Chinese must gol" Mr. STEELE. Mr. President: I hope the motion will prevail. As I understand it the memorial merely gives the deductions from facts, and does not set forth the facts. No one wants one of the length referred to by the gentleman from El Dorado, Mr. Larkin, but we want one that will set forth the facts clearly and distinctly. ERMARKS OF MR. HAGER. Mr. HAGER. Mr. President : I do not think, sir, that it is of so much consequence what the language may be in this memorial, provided it foes far enough to indicate what public sentiment is in this State. When was at Washington I had the privilege of presenting a memorial upon this subject in the Senate. It was looked upon as the expression of opinion of a political body, to a certain extent, and in course of time — in atx>ut two weeks — as soon as the report of the remarks I made on the memorial came to California, a pamphlet from some of those in favor of Chinese immigration was placed upon the desk of every Senator. I have one somewhere. The pamphlet favored Chinese immigration on human- itarian grounds, for the purpose of converting this great people to Chris- tianity. It stated that the matter was engaging the attention of the religious men here, and looked forward to the conversion of that people, that they might be sent back to China as Christians to Christianize that country. After this pamphlet came Senators came to me and said : " Why, they tell me these [>eople are all to be converted to Christianity." That is the influence brought to bear. It does not matter about words. What we wish to effect is to convince the authorities at Washington that the people of the State of California are opposed to Chinese immigration, not as individuals, but that the public sentiment throughout the State is opposed to it; and when we produce that effect there we })erhaps will be able to get something done for our relief here. Now, I would prefer — I care not how short it may be — but I would prefer that it should be presented to this body and voted upon with the ayes and noes recorded at length, and certified, with the request that it be forwarded by the Governor, under the seal of State. Give it some official consequence, in accordance with the sentiment of this body. I would suggest this in preference to every member signing his name. Let every member's name be recorded " yea," or " nay." Let it appear that the " ayes " and "noes" were called, and the "ayes" recorded, and the "noes" recorded, and then certified by our officers here, and forwarded by the Governor of the State, under the official seal, with the " aves" and " noes.'' There our names would be in print. I think that if it should pass this body unanimously, as I hope it will, and it should state that the ayes and noes were called, and that it passed unanimously — "ayes, one hundred and forty, or one hundred and fifty; no noes" — it would have more effect than if we undertook to put our sign-manual there, which perha|)s they could not read. My friend in front writes very well, but it is hard to read his handwriting. I write very well, but some people complain that they cannot read it. They would see, then, that it is the act of the Convention, and I would prefer that course in order that it may speak as the act of the Convention, instead of the act of us as individuals. Let it be forwarded either by the Governor or the Secretary of State. remarks of MR. REYNOLDS. Mr. REYNOLDS. Mr. President: I hope that the motion to recom- mit the memorial to the committee will prevail, for several reasons. I desire, Mr. President, that this memorial be presented in the shape of something more than a mere formal State paper, that contains nothing but a few glittering generalities. I desire that this memorial shall con- tain a few concise reasons why we are opposed to the further incoming of the subjects of the Emperor of China. I desire this, Mr. President, because I am convinced that there never has been any honest work done in Washington on this subiect. We have sent committees there, and we have Congressmen there who have pretended to scratch around the edges of the question, but they have only done so much as seemed to be neces- sary to affect public opinion at home, and not to accomplish the objects which they pretend to be working for in Washington — tne abrogation or the modification of the treaty. And, sir, the resolutions and memorials that have been sent from this State and from the Legislature contain within themselves their own repudiation. Why? Because they were couched in terms that meant notning, or because they gave reasons that nobody of any sense would ever believe that we meant. They were made up of glittering generalities, and were a good deal like scolding the Chinaman ^iHiis vices, and condemning him hecause he was an inferior man, or something of that sort of stuff. Why, we must take the broad ground and oppose the Chinaman because we know he is essentially a slave, and because there is an eternal and unending conflict between free and slave labor. We know that he is a slave in many instances, and to a great extent, and when he is not so his ancestry, his condition, his relations, his capacity for labor, his capacity to live on next to noth- ing, makes him, in comparison w^ith our white laborer, essentially a slave. Now, let us set forth these honest reasons in this memorial. Do not let us pretend that he is a man of so many vices that we cannot endure him. That is not true. It is on account of his virtues that we fear him. Let us say so. That is why I want some of these fair, square reasons, showing that there is heart in it; that we believe in it; statements that do not carry on their own faces their own repudiation. Such has been the character of the memorials that have been sent to Congress heretofore. Do not let us trifle away the time reading any more such. State what we mean. Admit that the Chinaman can out- work us; admit that he can live on less; but don't scold at him because he is an inferior man, or because of his vices. It is all folly to talk about such stuff. It is because he is essentially a slave, and because his civil- ization and his ancestry make him so. I understand, Mr. President, that while he was on the floor, the gentleman from San Francisco, Mr. Ringgold, stated that if I had uttered such sentiments before the uin^- DEBATES AND PROCEEDINGS IWenereiBaandBre feoe to face now wit locath of June last, I would have been etecled (o stay at home. So be it, if moh be tbe case. 1 desire lo atate the truth, if there is nnt nnolher man fram the saml lot who dare, 1 went to see this opposition lo the Chinamen put on the true crDund; on the etound that Tree labor cannot oompetewith him. Weal! remember the fouryear^of carnage that thia country haa endured, with all it« Bubaequent train of evils, for what? To uttle the conflict between free atid slave labor. We thonglit. Mr. President, when that conSict was settled that all our evils would din- appear. It is not true. Each queMion is confronted with evils that tax ' Lr« as difficult to so)i-e as the last. We find nuraelvea 1 an evil no less in magnitude than African slavery, much. Now, let us not scnitf h around the edges of it; state the true reasons; something that cannot'be miauaderetood, and show to eveirbody that we mean what we sav; that w^ do nnl undertake to obtain action from CongreHa, nor from the Administration, nor from the government, on any false reasons, hut for the true one.and let this be sufficiently staled. Do not be afraid to cover a half page ol fonlseip withprint in order to atato it. Now, Mr. President, in a waiiderii-g way I have slated a few of the reasons why I would like to s^e that rejiort recommitted, in order thi it may be made to state the ease a little more clearly and more fully, want to disclaim any intention to reflecting any disrespect on tbe con niittee at all. I think they thought they were acting wisely ; but it •eems lo me that we ought to go a step farther, atid that we can do so with profit. Mit.HOWARD. Mr.Pr^sidcnt; I demand the previous question. Seconded by Messrs. Freud, Herrington, Wyalt, McComaa, and Wickes. The main question was ordered, on a division, by a vote of 70 eyes to in noes. Thk president. The question is on the motion to recommit the memorials to the Commitlee on Chinese, with the request that they Insert a brief statement of facta. The motion prevailed. Ma. HOWARD. Mr. President: I move that the Convention now resolve itself into Committee of the Whole, the President in the chair, for the purpose of further considering the report of the Committee on Cbioese. Carried. IN COMMITTEE OP TfiE WHOLE. Thi CHAIRMAN. Section five is under omsi.leration. Ma. BLACKMEK. I have an amendment to offer. TBa SECRETARY rend: "Add to section live the following: ' Except such settlement be by vir- tue of rights derived from treaties made by the Government of the ; Then the section would read as followi Eible to become a citiien of the : in this State aAcr the adoption ui HUB \Ann,umnii e^wpt »ucu seitlement be bv virtue of rights derived from treaties made by the Government of the United States with foreign nations." 1 think that is the ground that we ought to take i that we should say distinctly that it is only to be pmhibited when these rights arc not stated in the treaty made by the Government of the United States with B foreign nation. 1 do nut believe, and 1 am not yet convinced by any argument, or any cases that have been cited here, that this fltlh section is a constitutional provision, and 1 cannot support it in its present shape, but with this amendment I can support it. Then, of course, if their •ettlement be by virtue of rights derived from trealits made by the Gov- ernment of the United States, the State can have nothing to say about it. I cannot go beyond that. Ma. BEERSTECHEIi. Mr. Chairman : I do not desire to sav any- thing further than to call attention to this amendment. The amend- ment sa^s, "Add to section five the following: Except such settlement be bv virtue of rights derived from treaties made by the Government of the tinitcd States with foreign nations." If we add that amendment to section five, then section Eve means nothing at all. You might as well strike it out, because tt is in express words recognizing the authority of the United Slates to bind lis in our internal concerns by a treaty when they cannot bind us by a law of Congress. Where a law of Congress would be unconstitutional, a treaty would be unconstitutional. Iiecause it is nothing more than a mere Act of Congress. If we desire to declare that that shall be tbe supreme law of the Slato.then we in effect declare that the Burlingame treaty is a part of our Constitution. It is the most ridiculous and absurd proposition that has been brought here, and especially by a gentleman who desires to see the Chinese go. I respect the gentleman from San Francisco for tbe opinions he has brought befare the comniitlee. but it seems to me tiiat the method that he desires to have us adopt here is a very strange We have been contesting against the rights of the goi I hope the ni bind us by a treaty where they"could not blnd^us by nn Act of Congress, e the niuenclment will l>e promptly voted down, because if we put 1 the Constitution we had Mtter adjourn sine die. and go home. Mr. BLACKMER. Do you recognise that the Buriingame treaty bos any authoritv over the citiiena ofthis State Bt all? Ma. BEEftSTECHER. Yes. Mb. BLACKMER. It recognises the right of people to settle here. Ma. BEDEBSTECIIER. It recognizes tbe right lo dwell here. Ma. BLACKMER. There may be a distinction between settling and Mb. BEERSTECHER. I have never co vent the Chinese from coming here, but I b after tliey get here. I believe that among Stato is the right of intomal regulation. Mr. ROLFE. If we cannot prevent thei prevent them from settling here? Ma. BEEBSTECHEB. Yes; we can. ^ engaging in business, from being employed ing a livlng.and prevent their settling bv st was admitted by f ' ■ -■ - n Chin. He says' Ma. REYNOLDS. Mr. Chairman : we doll ry for t times enough, end it is nn the ground tl Iteyond that. Mr. Chairman, I pit^ the ^ found out that if we ever succeed in riddin called, of cheapChlnese labor, it mu.1t be up< labor, and to that it must come. You conn is B Chinaman; nor because he smokes o rice: but you can exclude him because he li this amendment will be promptly voted do' In protect ourselves against slave labor, and ities. In Groves vs. Slaughtor, 15 Peters, th " Each State has a right to protect iUe intrusion of the slave dealer; to guard its ct The Chinese population is a slave popu more daiigemus because il is viduntary. i " The right to exercise this power by a Stt the Constitution. The evil involves the pn the existence of the Stale. Ita power lo g evil rests upon the law of self-preservation; munity, and especially to a sovereign Slaie.' It is'bigher and deeper than the Constitul deeper than any treaty. Upon that groun opjKisition lo the treaty; because it is a higl: anv Constitution to protect ourselves sgaiusl only of slave dealers but of slave labor. Mr GRACE. I want to know if you mi is that he is essentially Mr. HALL. Mr.Chai; >xialing laws of the loud. We have declan epnrt the power of the State to pass all ni or the protection of the peojde of this Stab langerous class of people. That power is lection. We have gone further and impose iro the creatures of authority of the Stote J his obnoxious cl^ass. We have gone furl WP ave rea hedt nt to whie h I me desire to [ualified to aket ibes the feel at bertj w the tl. can ible doubt as to the own ngarae ti ependent upon tl asiloc foreign nations at its will and at its pleasui — ereignty of Ihe Kational Government, at it even if there were no treaty here at all the protection of this government in thi : subject; and that seems to be the opinii the United Stoles in some of their decieloiu the government shall give to a foreigner Lth the Government of the United States. . >vemmcnt of the United States has the ahi ject. There is but a single limitation, and tl article of the Constitution of the United Stal " The immigration or importation of suoli >w existing shall think proper to admit, ih: ingress prior to the vear eighteen hundred I know very well that that provision was slave traffic at that time which the SUtes i limits! but it announced a power and princi the Federal Government to exclude such peo to admit, and by neccsxery implication it f may choose to exclude. In other words, it fi power of the Federal Governnieat over tbe v Dec. 14, 1878. OF THE CONSTITUTIONAL CONVENTION.* 713 Now, as to the decisions referred to and the arguments before this committee, it seems to me that they leave no doubt upon this subject; with all due deference to the able and the plausible arguments which have come from the members of the profession upon the other side. It seems to me that the Courts have defined very clearly the powers of the General Government and the powers of the State Government on this subject, declaring in the broadest terms the entire power of the Federal Government over this subject, save and except the remnant which is left to it called the power of police regulation, and defining that so that the power of the State shall extend to the right to exclude paupers, vagrants, and criminals from its borders — people of that class who are dangerous to its prosj^erity and its peace: expressing the general power of the Federal Government over the subject, and defining with clear- ness and precision the narrow limit of the powers of the State over this aubiect. Lntertaining these views, I believe that this provision, unless it be amended as is suggested by the gentleman from San Diego, will be a violation of the Constitution of the United States, and an infraction of a treaty made in pursuance thereof. As we have taken an oath here to support the Constitution of the United States, it necessarily carries with it an obligation to support this treaty. It must stand, and it must be operative until it is set aside. It must gt)vern any action here until it is set aside by some action of the government. That is my rule of action, and howsoever strongly I might desire to go farther against what I believe in common with the delegates on this floor generally, to be a great evil, threatening the peace and pros[>erity of the people of 'this State, I do not feel at liberty, sir, to pass beyond the boundary which has been fixed for the exercise of my ofiicial functions, by the oath which I took at that stand. Hence, sir, this amendment will receive ray approval, but the provisions of the section without it cannot receive my assent. If I am permitted to go farther for a few moments I will direct atten- tion to section six. We find there a provision to the following efl^ect: " Foreigners ineligible to become citizens of the United States shall not have the right to sue or be sued in any of the Courts of this State." Now, there is a provision which it seems to me will operate to confiscate the property ot this objectionable class. We have had this people among us since eighteen hundred and fifty. They have been coming here in large numbers for the last twenty-eight years. It is admrtted that they have acquired a very considerable amount of projM»rty, esti- mated from four hundred and fifty thousand dollars up to a million and a half of dollars. It has been acquireon the powers of the State I had quoted from page forty-eight, of 5th Wheaton's reports, a Paragraph wnich related entirely to the commercial powers of the States, made that Quotation simply for my argument in reply to the Chair- man of the Chinese Comimttee and suggestions in this Convention. He had said that the section was repugnant to that portion of the Constitu- tion which gave the regulation of commerce to Congress, and that is simply what I quoted from Wheaton, to show where it was not pro- hibited in express terms to the States, where it was not exclusive in its nature, and where it was not granted to the Federal Government in express terms. Now, Mr. Chairman, with reference to this treaty argument, I say that where a treaty transcends the reserved powei*s of the States it is unconstitutional and void; that it is inconsistent 'Mvith the nature of our institutions and the distribution of powers between the General and State Governments." We claim that the President of the United States and the Senate have no power to make a treaty with China, the effect of which would be to infringe upon and overturn the reserved rights of this State, as they claim they have done in this treaty with China, to the material injury of the people. I will also refer to the opinion of Justice Baldwin in the same case, published in the Appendix to four- teenth Peters. He says : " It is but a poor and meager remnant of the once sovereign power of the States; a miserable shield and patch of independence which tne Constitu- tion has not taken from them, if, in the regulation of its internal police. State sovereignty has become so shorn of authority as to be incompetent only to exclude paupers, who may be a burden on the pockets of its citizens; unsound infectious articles, or diseases which mav affect their -'/ Dec. 14, 1878. OF THE CONSTITUTIONAL CONVENTION. 715 ■x.v upon the Chinese to fish in the waters of the State. I would ask you if there is any ot^'ection to including that inhibition in the section? Mr. WEBSTER. I do not believe that we have the power to do it. I say when you do that you go beyond the authority of this State. Now, sir, I believe that a revolution in sentiment everywhere is coming upon this as well as the people East of the Rocky Mountains. I believe that the election which will be holden here next Fall upon this question will have a great bearing upon the action of Congress, where the vote upon this direct question — Chinese or no Chinese — is to be taken. And I believe that a memorial to Ciuigress will also have its intluence; and I believe when it is understood that distress has overtaken this 8Uite, which in the last thirtv vears has abided more wealth to the com- iiierce and the coffers of the nation than any State in the Union, or country in the world — according to its size; that when the people of the North, with whom we stood shoulder to shoulder in the great struggle for national life; when the South in their great calamity, which occur- red just a few months ago, and we poured out our money and sympathy as freely as the gentle dews fall from heaven ; and when the people of tho whole country see as we stand here driven to the verge of constitu- tional law, and now upon the line between constitutional, State, and national rights — that when they see us in this position, with one hand pressing back the hordes of Asia, and with the other upholding and defending the Federal Constitution, that they will meet us at the thresh- old and assist us in driving this curse from the land. RRIIARKS OF MB. BEERSTECHKB. Mr. BEERSTECHER. Mr. Chairman : I do not desire to speak on this subject to any extent, but I favor the amendment proposed by the gentleman from San FrancistH), Mr. Reynolds, for the reason that he embraces the inhibition against the Chinese fishing in the waters of this State, as the fisheries are gradually passing into the hands of Chinese, and in a few years the Chinese will be the only fishers in the State. There is no doubt in my mind about our right to control the fisheries and say who shall fish in the waters of this State. I call the attention of the committee to a note to section one thousand and seventv-three of Story on the Constitution, the last edition by Judge Cooley. It is there stated : ** The State may control the fisheries within its limits and confine the privileges thereof to its own citizens." He cites a number of cti.ses in 8up})ort of the statement. Mr. Cooley, in his Constitutional Limitations, on page 524 says : **The rights of which we here speak are considered as pertaining to the State by virtue of an authority existing in every sovereignty, and which is called the eminent domain. Some of these are complete with- out any action on the part of the State; as is the case with the rights of navigation in its seas, lakes, and public rivers, the rights of fisherv in public waters, and the right of the State to the precious metals which may be mined within its limits." There is no doubt about the right of the State to say who shall fish within the waters of this State. The amendment offered by Mr. Web- ster is the same as the amendment offered by Mr. Revnolds, with the exception that Mr. Reynolds says that no Chinese shall fish in the waters of this State. I believe that we have a right in law and in justice to put this inhibition in the Constitution, and therefore I am in favor of the amendment of Mr. Reynolds in preference to that of Mr. Webster. It includes an inhibition that we can legally make. Mr. RINGGOLD. Mr. Chairman: Neither the original nor the amendment covers the Question. Both say "foreigners ineligible to become citizens." The Chinese are not so. There are Chinese natural- ized now. REMARKS or MR. HALE. Mr. HALE. Mr. Chairman: I seconded the amendment offered by the gentleman fi-om Alameda, Mr. Webster. As has been said by many gentlemen, I would be willing, for one, to go just as far toward the exclusion of Chinamen from residence and from all classes of employ- ment in the State of California as I think we are able to do consistently with the oaths we have taken to support the Constitution of the United States. I have no desire, sir, to attempt a discussion of the question broadly; suffice it to say that, after listening to many eloquent gentle- men on this subject, I believe that the jueople from our coast. I hope the amendment of the gentleman from Alameda, Mr. Webster, may be adopted by the committee. REMARKS OF MR. BELCHER. Mr. BELCHER. Mr. Chairman : I do not wish to occupy the time of the committee further than to say that I do not think we can right- fully prohibit this element from leasing any real estate. You say we cannot prohibit their coming here nor their residing here, but we may prohibit their leasing property. If they have a right to come here, even for the purpose of commerce, I am unable to see how they can come here for the purposes of commerce or temporary residence unless they can lease some property on which to live. You may say, in a hotel. That does not meet the question. If China has the right of commercial intercourse with us, if she has a right to have commercial business here. Consuls and other officers, they have the right to lease something to do business in, and a right to lease a place to live in. It seems to me that we are going too far when we say that no foreigner ineligible to citizenship shall be jiermitted to lease any real property in the State. I know the evil that is attempted to be cured — these men leasing gardens, raising vegetables, and all tnat — ^and the end is a desira- ble one ; but while we are attem^iting to do something we ought not to go too far. It seems to me that we cannot say that no foreigner ineligible to become a citizen shall ever lease any real property. Mr. HAGER. Our people go there and cannot lease nmperty or hold propertv, under our treaty. Mr. fiELCHER. I do not know how it may be in China; but I know we permit the citizens of other nationalities to lease and occupy real propertv here, and we permit the inhabitants of China to come here unaer tliis treaty and to have all the privileges of other nations. Now, how they are to come here, and live here, unless they can occupy real property, lease real property, and hold real property for the time, is more than I can see. I am in favor of the clause that prohibits the Chinaman from fishing in the wrfters of the State. I think we can do that, whore they are engaged in fishing. I am in favor of prohibiting that; and I am in favor of prohibiting their purchasing or holding land. I would be in favor of prohibiting the leasing, if I thought we could do that. Now, of course, back of this is the question as to the mass of the people coming here; but if they have the ri^ht to come here and settle, and live here, then they have the right to lease property to live upon, and must occupy it for the time. I think we go too far in saying that no land shall ever be leased by any of these men. I suppose no one here is in favor of this section six. I hear nothing in favor of it, and therefore shall say nothing against it. REMARKS OF MR. DUDLEY, OF SOLANO. Mr. DUDLEY, of Solano. Mr. Chairman: This committee has in its wisdom refused to strike out section five. That section reads: "No i>erson who is not eligible to become a citizen of the United States shall be i)ermitted to settle in this State after the adoption of this Constitu- tion." It seems to me, Mr. Chairman, that is going nearly as far as the most radical would deem it necessary to go. It is an acknowledged fact by everybody that these Chinamen are here. It is generally conceded by all cUizens that they are obnoxious to the interests of the State; that they are obnoxious to the people of the United States generally, from various causes. But they are here. One gentleman stated here several years ago, and made himself very obnoxious by saying it, that these Chinamen must either work, beg,' starve, or steal. Now, it has been argued upon this floor that this Convention ought to so hamper these Chinamen that they cannot obtain a livelihood; that we ought to force them into tho class of paupers and vagrants in order to make them come within the law. They propose to make them a burden upon the State of ('alifornia — to make them an absolute burden upon the taxpayers of California. I would like to know how many of the taxpayers of Cali- fornia are willing to accept them. As to whether they should fish or ./* DEBATES AND PROCEEDINGS , not, I do Dot know whether it is a mat .. , ^ I pTMttme that the power lo exclude them Trom tishiiig is the p ' exclude them from any other business. Kow, I am iDrlined to thi: tlial in the waj of martet gardening they conie in more direct conigie tlon than they do in fishing. They must do something. Tbegentlcm from Sao Francisco sajs they must go home, but manv or tlicrn e totklly unable lo so home. lliey have not got the means to go hon They have come here on the invitation of the United States, and there wai t, tune when the people of the United States looked upon them as dntrable immigrants— as a desirable labor element. [ recognize the fact that that was a mistake— I believe that it was a mistake. Ua. HERRINOTON. HavenH Ihev got ample room in StaUsT Mb. DUDLEY, of Solano. Undoubtedly they have ; but the question is, whether the State authorities have the power to ilrive them from pdnt to another. They have hecD invittd here bv th« people of . Unified States. The Uuited SUtus rnlered into tn'aty stipulations ¥ them, guaranteeing them certain rights and privileges. As an enlight- ened nation, ss a civilized people, we ought to be content with testing our power under section five, without attempting to moke paupers of them, and place Ihem as a burden upon the State treasury nf California. As to this matter of leasing land. I think the gentleman from Vubs, Judge Belcher, is certainly correct in his view of that case, a|d I doubt iT anj measure of that kind will relieve us ' ' ' "' ' only relief that can be had is lo stop their when time shall remove them from among us. Their general dlsinsilion lo get home as soon as possible, and the feet that tliey die off rapidly, will relieve California perhnja as fast as desirable, even to the labor ele- ment of Callforuia. As lo the argument of the gentleman from Ala- meda, that thev run him out of business ; that they can cultivate small fruits and market gardei)3,and Bell their prod ace for less than any oil elasB of people, then, of course, that class of produce is furnished consumers at vaatly less lates llian it would be without them. Thai true. Let them be swept away within a week, or within a liav, and all thsae places left vacant, what is the result? Why, sir, the gentleman bwa Alameda, instead of cultivating his orchard and vineyani, would takfi it up and plow it and sow It lo wheat ; and every person, like the mechanic, who produces no vegetables, and who consumed this produce largely at the late prices, would be compelled to pay once, twice, or three times the price, or go without them. The demand will be good, however. The funds that are now used for this purpose will be used for ■omething else, I desire to sar that It does seem to me that after refusing to strike out . section five we have done enough. Wc have placed ourselves in a jiosi- tion to test the question uf our rights under the Irentv. Kow, then,asto the objection lo Ibie class of people, the gentleman iVom El Dorado. Mr. Larkin, has taken the position that they are obnoxious on account of eolor. I think tbem obnoxious, as he docs, but not on account of their color, but because of their nan-assimilative qualities. They cannot become of us, nor a part of us. They cannot cissimilate with the -. Chairman: I ho|>e that the committee will rise , and thai before we adjoilrn to-day we wilt dis- pose of this business. 1 move that the comniiciee rise, report progress, and ask leave lo sit again. Carried. IN CONVEXTION, Thi president. Gentlemen: The Committee of the Whole have instructed me lo report that they have hart under consideration thi report of the Committee on Chinese, have mode progress, and aak leavi TheConve tioi took recess un til two o'clock A FTERNOON SESSION. The Conve Belcher In Ih Roll colled cha and rcasse mblcd at 1 present wo»o'clock F. Mb. miller. Mr. President: I move that the Convention now retolve itself into Conimitke of the Whole, the President pn> tern, in the chair, fur the purpose of further considering the report of the Com- mittee on Chinese. IS COMMITTEE OP THE WHOLE. Ma. BARNES. Mr. Chairman : I would Inquire if there is a quorum Mr. CROSS. Mr.Chnirman: I move, for the purpose of determining that Question, that the Secretary be directed to call the roll. Mb. BLACICMEK. Mr. Chairman : I move that the committee rise, lor the purpose of determining whether there is a quorum present, Ma.HUfcT:S. I raise a point of order. TniCHAIftMAN. The Convenlion has resolved itself into Com- mittee of the Whole. There can be no roll call in Committee of the Whole, as I understand il, Mb. NOEL- I move that the committee rise, in order to see if we Thi chairman. The motion is that the committee rise, report progress, and aak leave to sit again. Carried. IN CONVENTION. Tat PRESIDENT pro tern. The Secretnry will call the roll. The roll was called, and seventy-eight members found present. Mb. miller. Mr. President: I move that the Convention now resolve itself into Committeeof the Whole, the Prasidentpro tern, in the chair, for the purpose of further considering the on Chinese. Carried. IN COMMITTEE OF THE W Tbi CHAIRMAN. The question is on the au THE PREVIOl'S QtliaTION. Ma. HCE3TI8. I move the previous que Secondeil by Messrs. Moreland, Noel, and Eve The CHAIRMAN. The tiuestion is, Shall th Carried, [Ma. TINNIN in the chair.] The CHAIRMAN. The question is on the am gentleman from San Francisco. The vole was taken, but objections being ro quorum voting, tt was put again. Division bemg cslled. the committee divided, c adopted— nves. 72; noes. S. Thk CHAIRMAN. The Secretary will read bv the gentleman from Atatnedu, Mr. Websler. 'Tni SECRETARY rraid the amendmenL The CHAIRMAN. The question Is on the ai the gentleman from Alameda. Mr. Webster. Lost. The chairman. The question is on the si: Reynolds. Adopted— ayes, 43; noes. 3.^. Ma. SMITH. Is ao ameudmenl in order! Ma. LARUE. Mr. Chairman, I send up an Mb, SMITH. Fin Th« SECRETARY read: " No Chinese, or foreigners Ineligible to becomi Slates, shall be allowed lo fish in any of the wal purchase or own any real property, nor any inter rent, bold, or use any land for the purpose of aj graziug. or oilier means of profit, and all conlraci right or interest in real pmjierty. and any lease c poses of agriculture, horticulture, or grazlng.or o or with anr such foreigners, shall be void and nc Thb CHAIRMAN. The amendment is out of it is offered as a substitute. Mr. smith. Allow me to explain what th amendment as adopted, it seems lo me. will He One of the most important objects la to prevent tl '---' For fear it might di ' ' "■ " ' ' other way, we ought lo reconsider the matter in vision in. Where I live the Chinamen do all the great deal of laud, and take the place of a greai If this amendment is in order, I hope it will be i Thi chairman. I rule the gentleman's an for the reason that a portion of the substitute be stricken out by it, and it covers part of the aa the Convenlion. Mb. smith. I then move to reconsider the ' stilute was ailopted.in order lo have a chance to i The CHAI UMAN. That nan only be done by of the house. The Chair hears objections. Mr. BURT. Mr. Chairman: Will il not be ii man to add to the substitute already adopted by tl amendment ontv adds to it, is not that in order* The CHAIBSIAN. By the rules the gentlemi nanlmous consent of the Convention. The Coi ibstKute for the section, and the geutlemsn u hicb strikes out a portion of what has alreart' Convention, It is therefore ruled out of order. Mb. NOEL. Mr. Cha... offer as an addition to ll Mb. HOWARD, of Los Angeles. He can o Oar tion after we get through with the article. NOEL. I wish to offer It now. . HAGER. I underelood the Chair to rule sider the vote by which Ihe substitute was adopte The chairman. Ucannot be reconsidered w being given, except by unanlmoua consent of the Mu. HAGER. That only applies to a tinal voti of the Whole. This is not a final vote. We mat econsider without going through the formula of'. Mb. LARUE. Mr. Chairman : I rise lo a poin The chairman. Stale your point of order. Ma, LARUE. We are acting under the previo The chairman. The previous question onl lent. The point of order is not vrell taken. Mb. HAGER. We have exhausted the prevli orrect ruling in regard lo the progress of the bu these sections here. If we adopt an amendmei that we have made a mistake, it seems lo me ver ■ notice and wait until the next day befi ,ho correction. That rule only relates to a LARUE. Mr. Chairman; I risa for inforr NOEL. Mr. Chairman : 1 rise to a point i Dec. 14, 1878. OF THE CONSTITUTIONAL CONVENTION. 717 Th« chairman. The centleman will state his point of order. Mr. NOEL. My point of order is that the gentleman is not direct- ing his remarks to any question pending before the Convention. There is no question before the Convention. Thk chairman. The point of order is not well taken. Mb. ROLFE. Mr. Chairman : I rise to a point of order. The CHAIRMAN. State your point of order. Ma. ROLFE. My point of order is that the Chair has already ruled the motion out of order, and there has been no appeal taken from the ruling of the Chair, hence any further discussion is out of order. Thb chairman. The Chair rules the jX)int of order well taken, unless there is an appeal from the decision of the Chair. Mb. HAGER. I wish to call the attention of the Chair to the fact Mb. ROLFE. Mr. Chairman : I insist upon my point of order. The CHAIRMAN. The Chair rules that the adoption of the substi- tute for section six was a final vote, as far as the Committee of the Whole is concerned. Mr. REYNOLDS. If I understand the Chair correctly the decision is that the adoption of the substitute is a final vote. And I understand there are gentlemen here who desire to amend that substitule without striking out or destroying anything that has already been adopted, or altering the substance of what has been adopted. It seems to me the efiPect of the ruling of the Chair is to prevent a measure from being per- fected. Now, if we have adopted a substitute, and amendments are oflTered which do not change the character of the substitute, they ought to be entertained. They are certainly in order, and I think, the ruling of the Chair is wrong. Mr. NOEL. Mr. Chairman: I rise to a point of order. The Chair hflLS ruled on the question and no appeal has been taken ,* this debate is therefore out of order. The chairman. The point of order is well taken. The Chair will entertain any motion to amend section six, which does not strike out the substitute, or any portion of it. Mr. REYNOLDS. Mr. Chairman : I understand that the amend- ment of the gentleman tfom Kern does not strike out any portion of section six, but is simply a further amendment. Mb. NOEL. Mr. Chairman: I insist upon my amendment being read. The chairman. The Secretary will read the amendment. The SECRETARY read : " No Chinese shall be allowed to catch fish in any of the waters of this State, nor to take game within the limits of the State; provided^ immature tadpoles and pollywogs shall not be considered fish, nor tomcats and mud hens as game." [Laughter.] The chairman. The amendment is out of order. Mb. NOEL. Mr. Chairman: I 'contend that vay amendment is cognate to the subject under discussion. Tub chairman. The amendment is frivolous, and will not be entertained. Me. NOEL. It seems to me it is germane to the subject under con- sideration. Mb. ROLFE. Mr. Chairman : I have an amendment to the sub- stitute. The secretary read: '' Insert between the words ' no ' and ' alien ' the words ' Mongolian or I f* Mr. west. I rise to a point of order. The chairman. State your point of order. Mb. west. The committee have already adopted the substitute. It has been adopted as a whole and cannot be amended. Amendments were in order to the substitute before it was adopted, but having been adopted as a whole it cannot be amended. Mb. HAGER. We have taken a final vote by adopting the substi- tute, and how can it be subject to further amendment? The Chair has decided that the adoption of the substitute was a final vote, and how are you going to amend it ? The Chairman. As far as it went, additions can be made. No portion of it can be stricken out. Mr. ROLFE. I claim the floor. Mb. smith, of Fourth District. Mr. Chairman: Not one word is stricken from the substitute by my amendment; it only adds to it. Mb. ROLFE. Mr. Chairman:' Have I the floor or not? M|^. WEST. Mr. Chairman : I insist upon my point of order, that the committee have adopted the substitute, and thereby have exhausted their resources for amending it. It is a final action, and no further amendment can be allowed. The CHAIRMAN. The point of order is not well taken. The com- mittee have a right to perfect the substitute by adding to it. Mb. west. The right to perfect a proposition is exhausted when that proposition is adopted, therefore we cannot proceed to further amend it after it is adopted. The chairman. The point of order is not well taken. BEMABKS OF MR. ROLFS. Mr. ROLFE. Mr. Chairman : I suppose all this talk will not count on my fifteen minutes. I do not offer this amendment by way of a joke, or as a frivolous proposition, or in any manner to impair the section. I do it in good faith. Now, if there is anything in this section six, if we can sustain it under the treaty— and I am in hopes we can — I am under the impression if there is any part of the article that can be maintained under the treaty, I think it is section six, as it has been finally adopted. Therefore, I offer this amendment for the purpose of obviating wnat I am afraid may be an obstacle in the way of its execution, by inserting the word "Mongolian,'' so that no Mongolian or alien shall have these privileges; because it may be finally decided that there is nothing in our naturalization law^s which will preclude them from becoming citi- zens, in which event the provision, as it now stands, would be of no avail whatever. That is as yet an open question, and some of the Courts are naturalizing the Chinamen; therefore, if that should be the result; if it should finally be determined by the highest Court in the land that the Chinese may become citizens, or if Congress should pass a law to that effect. But if you put the word "Mongolian" in there, that includes them, whether they become citizens of the United States or not. Then, if this has any force at all, we can at least exclude those who are not citizens of the United States — who are not actually citizens — and if they are aliens and Mongolians too, we can exclude them just the same; and if they should be decided to be eligible to citizenship, if this provision will hold water, wc can still exclude them. I think it is important that this amendment should be made to the substitute. REMARKS OF ME. ATERS. Mr. AYERS. Mr. Chairman: I wish briefly to give my reasons for objecting to the use of this word "Mongolian** in the Constitution. The term Mongolians does not apply exclusively to the Chinese. It is a generic type of the human family, and some of the leading authori- ties on ethnology have divided the species into three classes — Mongolian, Caucasian, and Ne^ro. Some of them claim that the word Mongol embraces the American Indian. Now, if you are going to put that term into the Constitution, and the Courts come to construe it, where will you be? Y'ou are not confining it to the Chinese, and they are the people aimed at. Why not come at it directly and say Chinese? I opine that almost every gentleman on this floor was sent here for the purpose of procuring legislation that will prevent the immigration and settlement of the Chinese. Not Mongolians, but Chinese. If you place the word Mongolian there for the purpose of reaching the Chinese, you may find yourselves badly mistaken when the Ctuirts come to construe it. I hope the gentlemen of this Convention will not place a word in there that will be capable of having a double meaning placed upon it. We all know that we mean the Chinamen, and why pot say Chinamen? Mr. reed. Mr. Chairman: It seems to me this is altogether too important a measure for us to undertake to pass upon here with a slitn house. I think we ought to adjourn. There is scarcely a quorum present. I move that the committee rise, report progress, and asK leave to sit again. Mr. HOWARD, of Los Angeles. I hope the committee will not rise. We are here for business, and if members absent themselves that is not our fault. We are not responsible for their running away. The chairman. The motion is that the committee rise. Lost. The chairman. The question is on the adoption of the amend- ment of the gentleman from San Bernardino, Mr. Rolfe, to insert the words " Mongolian or." Lost. Mr. smith, of Kern. I move to insert in the same place the words " Chinese or," so as to read " no Chinese or alien," etc. The chairman. The question is on the adoption of the amend- ment. Mr. HARRISON. That part of the amendment relative to fishing, if it is adopted, will prevent the Chinese representing the Empire of China from going fisliing for pleasure. He can bo arrested for nshing for pleasure. I think it ought to be qualified. Mr. AY^ERS. I will inform the gentleman that the Chinese who represent the Empire of China are here under the law of nations, and this provision would not affect them in any way. Mr. BARNES. I think that is an error. Mr. WELLIN. Mr. Chairman Mr. HERRINGTON. Mr. Chairman Mr. REYNOLDS. Mr. Chairman Mr. WELLIN. Mr. Chairman : I ask the gentleman if he ever knew a Chinaman to go fishing for pleasure? Mr. HERRINGTON. Mr. Chairman : I wish to call the attention of the Convention to the fact that whoever oflered that amendment is intending to defeat the whole section. It is no friend of the section who offers such an amendment as that. It practically allows every Chinaman to fish whenever he pleases. It leaves out the most essential fart, and practically allows the Chinaman to do whatever he pleases. t does not follow, as a matter of course, that they are all aliens. Lots of them were bom right here, and they are not aliens. They are citizens of the United States. If the wonl aliens covers the Chinese, what is the use of putting the word Chinese in there? Mr. TULLY. I offer an amendment. The SECRETARY read : " Any minister of any religious denomination who shall teach or read the Scriptures, or attempt to convert to the Christian faith, any Mon- golian resident of this State, shall be deemed guilty of a felony, and, upon conviction thereof, shall forfeit his privilege to preach and forever be disqualified from citizenship, and, upon conviction for the second offense, shall be imprisoned for life, and every such converted Mongolian shall be arrested and banished from the State as more dangerous than the pagan himself." The CHAIRMAN. Out of order. M R. TULLY. I offer another amendment. The secretary read: "Any physician or surgeon who shall willfully render any medical or surgical aid to any person not entitled to become a citizen of the United States" The chairman. Ruled out of order as frivolous. Mr. white. Mr. Chairman: I wish to express my regret that so many members are willing to turn this subject into ridicule, when the whole people of the State are watching it with such deep solicitude. DEBATES AND PfeOCEEDlNGS Mb. BLACKMER. uu'lentotid. Th« CHAIRMAN. The questioa i. rord " ChincBC " after the word itber aliens." t tbat tlie nineadment is not n the adoption of the amend- [Cries of " Division,'' " division."] The Conveniion dividnl, and the vot« atood : Ayeg, 36 ; noes, !T. Thi CHAIRMAN. No quorum voting. Ma. CONDON. There are members present who do not vole on either side. The rules call on nil to vole. Mn. LARKIN. I rise to a point of order. The CHAIRMAN. Stale voiir point of order. Mb. LARKIN. tintess the ayes nmi noes ate eslleJ it is not possible to iletcrmine wliether there ia a quorum voting or not. Mh. CONDON. Undoubtedly there Eccms lo t>e a miaapprebenaion about thia amendiuent. I ask for the Chair to direct the Secretary to read it acain. Mb. WELLIN. I would like to know what tlie dilfereuee is between the other ameudment aud thia one! Can the Chair point out the difTerenceT The chairman. The question is on the adoption of the amend- The vote stood ; Ayes, 41 ; CHAIRMAN. Then AYKRS. I more Ih n transact business. Mb. STITART. I have an amendni Mr. AVKRS. Does the Chair ileci Now, liow is the Chair to know whetlier there quorum here. If there is a quorum jiresent u offer. it there must be a quorum E CHAIRMAN,' Yet, The CHAIRMAN. Uentlemen: On the ameDdment offered by th gentleman from Kern. Mr. Smith, division was ulled for, aud on the divisiou there were 11 ayes and 31 noes, not betnj; a quorum of thi body, and the Oiair ruled that there not being a quorum voting, Iber WAS DO vote. From this decision of the Chair the genllemau from Lu Angeles, Mr. Avers, appeala. The question now ia. Shall the decisio of tha Chair stand as tlie Judgment of the ConventionT Ma. STEDMAN. Mr. Chairman : 1 rise to ask a question. What i does it go overt Can we go on with auj other business, and adopt an other section? Mk. HOWABD, of Los Angeles, The CHAIRMAN. The gentle Ma. HOWARD. While the Chi Tub chairman. The Chair had not put tbequeati custom that has prevailed here. Ma. HOWARD. There is no book on earth that will. Mb. DAVIS, Mr.Cho 'lio hav ted on Thati in any such the Chair, because he ia right. I ask if there are not gentlemen pr answer that queation, because I ha' man: There is no way of delermi The CHAIRMAN. I cauuo way of knowing. Me. HEISK^LL. Mr. Chai unless the roll is called. Me. CROSS. Our rulea provide that the Committee of the Wholi shall be governed by tbe same rules as in the Couvention, except as ti Mr. Cbairmai esent, and if we othing. If we i I am satisfied that there B. BARNli:S. Mr. Chairman : I understand the r having gone into Committee of the Whole, a quorui resent. If a vote is taken and a quorum does not v re of it, but go on with the buaiuess. There is no biles. ractice of Legislative Assem- gulng to give us something t. BARNES. My friend Sledi useiul, and I give way. Mb. 6TKDMAN. Cushing says, paragraph 1991, that if at any time there ia not a quorum present, the Chairman of the Committee of " Whole must immediately leave tbe chair and the Speaker must reau the chair, and the House must then proceed U> ascertain if there If I n does not appear t has been raised v I present, the Speake hether there is a rum present or noL I do not want to instruct the Chair, but I mi give my opinion, and 1 hold, sir, that it is your duty to immediately go into Convention aud order the calling of the roll to see if there is a i] rum present, aud if there is, we can go back into Committee of The Secrelary can count and see i necessary to voti;. Section ninete when tbe number ia reduced be decide that fact. If the Chair det by count, we can proceed, and if quorum present, it Is not necess propoBition. It is not material ' there is a quorum present, (ijr a n regard to whether there is a quori mbers shall vote when the roll division. Therefore a ruajorit; ,. determines the question at an hiB. STEDMAN. The langua ithat will k B Chair The CHAIRMAN. The Chair Mb. AVERS. Except by coun Ma. HALL. Mr. Chairman: i Convention shall couslituleaquoi rule applies to Ihe Cuniinittee of t I awume Ihnt there must be a m The CHAIRMAN. Aa far as t what the decision of the house ii ruled that it requires a majority tion. The Chair ascertained that From that mllen Tbe queslion now is. Shall the do Ma. ANDREWS. I under^tan must vote in the Committee of tbi Thb CHAIRMAN. Yes, sir. Ma. ANDRKWS. I beliovelh it is neivssary for a quorum to vol Mb. UARRY. Mr. Chairman: to be like a B.-hool bov's day, and Things do not go riglit at all, and any further, flhink It is belter I better for the interests of tbe pcof I, therefore, move that the commii to sit again. Me. STEDMAN. I rise to a o ram in the Committee of the Wl The CHAIRMAN. The moti. progress, aud ask leave to ait agai The vote st.jod 43 aves to 38 n« Me. cross. Mr.ijbairman: The chairman. Yes, sir, tl IS co; The CHAIR. Gentlemen: Tl instructed ine to re[iort that thi report of the Committee on Chim lo ait again. What is the pleasur Mb. LABKIN. I move a ca The chair. Tbe gentlemi f ouse. Tbe question is on the Carried. The CHAIR. The Secrets rv The roll was called, and meni Dowl ing, Dunlup, Eatey, Evey, Filcher, Finney, Freud, Garvey, Gorman, Manstielil Martin, o McCallur McComas McConne McCoy, McNutl, Dec. 14, 1878. OP THE CONSTITUTIONAL CONVENTION. ?ld Thompson, Tinnin, Tuttle, Van Voorhies, Tully, Turner, Walker, of Tuol Webster, ABSENT. Barnes, Grace, Beerstecher, Graves, Belcher, Berry, Hager, Hale, Big^, Boucher, Harvey, Herold, Campbell, Casflerly, Chapman, Hilbom, Hitchcock, Hunter, Cowden, In man. Crouoh, Johnson, Doyle, Keyes, Weller, Wellin, West, White— 87. O'SuUivan, Overton, PuUiam, Reddy, Schell, Schomp, Shafler, Shoemaker, Swing, Terry, Townsend, Vacquerel, Dudley, of San Joaquin, Lavigne, Van Dyke, Dudley, of Solano, Lindow, Walker, of Marin, £agon, Martin, of Alameda, Waters, Edgerton, McFarland, ' Wickes, E^ee, • Mills, Wilson, of Tehama, Farrell, Murphy, Wilson, of 1st District, Fawcett, Nelson, Winans, Freeman, O'Donnell, Wyatt, Glascock, Ohleyer, Mr. President — 63. The CHAIR. The Secretary will call the absentees. The SECRETARY called over the absentees. Mr. NOEL. Mr. President: I would like to inquire if the Conven- tion has voted to have a call of the house.' The CHAIR. Yes, sir; the question was put to the house. Mr. AYERS. I move that the Sergeant-at-Arms be instructed to bring the absentees before the bar of this house, except those who are absent with leave. Mb. HOWARD, of Los Angeles. I move as an amendment to the motion that they be brought here on Monday, at two o'clock, under arrest, by the Sergeant-at-Arms. I think it is perfectly disgraceful such proceedings as we have had. I think when men abandon their duty that they should be brought up and exposed before the country. I think the people of the State ought to be informed of it. Mb. NOEL. I raise a point of order, that the vote just taken shows there is not a quorum present, and it is not competent to do any business. The CHAIR. A quorum has a right to send for absent members. Mb. LARKIN. I move that the Secretary be instructed to furnish the Sergeant-at-Arms with a list of the absent members who have leave of absence. Mr. BARRY. I move that the Convention do now adjourn. Ma. HOWARD. There is already a motion pending. Mb. FILCHER. I rise to ask if there is a quorum present. I pro- test against this sort of demagogy and humbuggery, and demand that we go on with our work. Mb. NOEL. I don't see why the gentleman don't go to work. Mb. REYNOLDS. I would like to inquire "whether the Chair knows whether there is a quorum present or not. I move that this foolishness stop, and that further proceedings under the call be suspended, and that we proceed to business. The chair. The question is on the motion to adjourn. Lost. The CHAIIt. The motion now Is that the Sergeant-at-Arms be sent after the absentees, to be brought here at two o'clock on Monday. Mr. TULLY. I hope the gentleman from Los Angeles will withdraw his motion. It is impracticable. Many of the absent members are in remote parts of the State, and it will involve a great deal of expense to bring them here out of the Convention Fund. I don't see any practical good to result from such a proceeding. I hox)e it will be withdrawn, and that the Convention will settle down and dispose of as much of this Chinese question a» possible. I think it would be more profitable to ourselves, and give better satisfaction to the people of the State. I hope the motion will be withdrawn by the gentleman from Los Angeles. Mb. white. I hope a resolution will be presented to have the Ser- geant-at-Arms go after these men and bring them in, or as far as it is practicable, because the conduct of some members on Saturdays and Mondays is entirely inexcusable, and if we do anything, we ought to do something; determined; and if we lose the whole of the rest of the day in bringmg these men here, I am in favor of it, because we have a freat deal of work before us, and every week it is the same old thing, hey run out of the room on purpose, and then when we call the roil they come in again. I think this thing should be exposed, and the people should know who it is. Mb. reed. Mr. Chairman : It seems to me that the exigencies of the case do not require such rigorous measures, and when you consider the matter the Sergeant-at-Arms is going to incur considerable expense in carrying out this resolution. How is that expense to be paid? We cannot pay it. We have no authority to order it paid. We have no authority to take it out of the fund. And I think we had better look at what we are doing. Mr, HOWARD, of Los Angeles. There is no necessity of going out of town. The officer can take them, and on Monday morning bring them before the bar of the House. I want to bring them here and give them a chance to make their excuses. Me. JOYCE. I offer an amendment, that the Sergeant-at-Arms be instructed to get what he can find in the city, so as not to incur any expense. Mb. AYERS. I accept that amendment. Mb. LARKIN. What is the question before the Cyuvention? The chair. That the Sergeant-at-Arms be sent out after the absentees, and brin^ them in at two o'clock on Monday, all that he can find within the limits of the city. Mr. McCALLUM. I desire to ask leave of absence for Mr. Martin, of Alameda, on account The chair. It is not in order. The question is on the adoption of the amendment. Mr. REYNOLDS. Mr. President : My understanding of the law is that a motion to dispense with further proceedings under the call of the house is always in order, and I insist upon my motion to dispense with further proceedings under the call. Mb. CROSS. Mr. Chairman : Is a motion in order? The chair. No, sir. It is moved that further proceedings under the call be dispensed with. Mb. LARUE. I move to lay the whole subject-matter on the table. Mb. cross. I move we go into Committee of the Whole. The chair. The question is on the motion of the gentleman from Sacramento, Mr. Larue, to lay the whole subject-mattor on the table. Carried. Mr. LARKIN. I move we go into Committee of the Whole, to take up the Chinese article. A QUESTION OP PBIVILEOE. Mr. smith, of Fourth District. Mr. President: In the correspond- ence to the Chronicle, I have been somewhat misrepresented as to my opinions upon this Chinesn question. I suppose it is an error, but, nt the same time, that paper has a large circulation, and I do not wish to be placed upon the side of Mr. Stuart and Mr. Wilson upon this matter. I understand from the correspondent that the misrepresentation was not made at this end, so it must have been changed at t}ie other end of the line. I will state here, in regard to Mr. Wiison's statement of tlfe law, as 1 then stated, that it was correct Mb. AYERS. I rise to a point of order Mb. tully. I move that the Chronicle be directed to correct it, and that further proceedings be dispensed with. The chair. That motion is out of order. Mr. SMITH. That law, as stated by Mr. Wilson, does not interfere with these domestic powers of the State, which still remain, and that under those powers [Noise, objections, and general confusion.] I believe this Convention have given other members a chance to set themselves right; and I ask them to extend the same courtesy tome. I have no doubt this Convention understands how I stand on this mat- ter, but I think I have a right to set myself right before the people of this State Mb. AYERS. I rise for information. Is the gentleman speaking to a question of privilege? The CHAIR. Yes, sir. Mb. SMITH. As I stated then, I hold, with Mr. Wilson, that the State has certain reserved powers that the Fourteenth Amendment, nor the treaty, nor any other provision, can take away, and that under these powers we have authority over the Chinese in this State. , resolution. Mb. LARKIN. I desire to offer a resolution. The secretary read: Seiolved^ That the SergeAat-at-Arms Is hereby requestod to fbmlsh the Conven- tion the number of employes now employed in the Convuntion, and to state if there are any that are not required for the performance of the work iu the future ; also, if there are any employed that are not auUiorissed by law. The chair. The question is on the adoption of this resolution. Mb. HUESTIS. I would like to hear the gentleman assign some rea- son why this resolution should be adopted before I vote on it. I want to know what it is for. Mb. LARKIN. As the time expires next week in which there will be money in the treasury for us to draw on, the Controller will not pay any attaches unless they belong to the Convention, as authorized by law. We have some attaches that the law authorizes. I want to know whether there are any that we can get along without. This resolution simply calls for information. The Convention can then determine whether to act upon that information or not. The Sergeant-at-Arms will report the number, and we can see whether we are employing more than we are authorized to do. I hope the resolution will be adopted. The chair. The question is on the adoption of the resolution. It was adopted. Mb. LARKIN. I move that the house now resolve itself into Com- mittee of the Whole, to further consider the report of the Committee on Chinese. Mb. GREGG. I move we do now adjourn. Mb. LARKIN. Ayes and noes. Mb. HOWARD. Ayes and noes. Mb. FILCHER. Ayes and noes. Mb. HUESTIS. Ayes and noes. The chair. The question is on the motion to adjourn. Lost. Mb. CONDON. I ask the Chair if, when we go into Committee of the Whole, and a vote is teken, and it is found that no quorum has not voted, whether the Chair will hold, as he did this afternoon, that it is not a vote, because no quorum has voted? The chair. Yes, sir. Mb. CONDON. Then, sir, in that view of the case, I move that this Convention do now adjourn to meet next Monday, at ten o'clock. Lost. The chair. The question is on the motion to go into Committee of the Whole. Carried. DEBATES AND WlOCEEDINGS IN COMMITTEE OF THE WUOLE. Thr CHAIB. The question is on tlie pending amendment, which the SeercUrv will read. Thr SECBETAItY read: "Insert betweeo the nords 'no' and 'alien,' in the aiith line, the words ' Chinese or,' so as to read ' no Chinese or alien," etc. ; and also in the last line, the same atiienihiient." The amendment was lust. Mb. TULLY. I liTer an amendmeDt. Ths SECRETARY read: " Strike out and insrK: * No foreigner can catch fish, if he is addicted to the prufcsaion or aKearing.' " [ULugliler.l Thk chair. Out of order. Mil. SMITH, of Fourth Diitrict. I move lo amend by inserting in line eight, after the word "ulien," the wonia '■ (o use for the purpose of horticulture, garden T purposes of profit tnd I Bhall vot. purposea. It allows them am oppoeed to the amend i Mb. SMITH. The gpniifiiiuii pose of the amendment. It eayi includes all business of profit. Ma. LAKKIX. My criticism is that you name certain purposes, and therefore that leaves all other avenues open to them. Tat CHAIRMAN. The question is on the ailoption of the aniend- Lost. TuR CHAIRMAN. Tiie Secrvtar? will read section seven. Th« SECRCTARY read : Skc. T. The presence of foreigners ineligible to become citiiens of the United States ia declared hire by to be dangerous to the well-being of the State, and the Legislature shall discourage their immigration bv all the means within their ]x)wer. It shall provide for their eiclusion from resi- dence or ietlleinent in any portion of the Slate it may see fit, or frotii the Stale, and provide suitable metboils. by their taxation or otherwise, for the exponse of such exclusion. II shall prescribe suitable {lenallies for the punishment of persons convicted of introducing them within forbidden liinils. It shall delegate all necessary [lomer to the incorfB- raled cities and towns of this Stat« for their removal without the limits Mb. UERRINGTON.* Mr. Chairman: I move an amendment. Me. LARUE. I have an amendment. Ma, HERRINOTON. Mr. Chain The CHAIRMAN. Yes, sir; send Thr SECRETARY read: "Strike out all of lines one and Mongolians or Chinese in this State : Is my amendment in order! nserl; ' The presence of hereby to be dangerous u> EDO weiL-oeing mcreoi;' ana also siriKe oui all the section after the or Chinese in this State is declared hereby to be dangerous lo the well- being thereof, and the Legislature shall disoourage their immigration by all the means within their power.' " Thr chairman. The question is on the amendment. Mk. LARUE. Mr. Chairman : 1 olfur an amendment to the amend- TsR SECRETARY read: " Strike out all of section seven alUr the word ' power,' in line Mr. BLACKMKR. Mr. Chairman : I am in favor of the amendment to the amendment, as it is precisely the same as one I had premred to offer. I believe that is all we can do, and all we ought to do. It is an outspoken Btateinent by this Convention, assembled here for the purpose of framing an organic law for the people, that we believe the presence of thisclasB uf persons to be dangerous to the welfare of the State; and we ' ■ ■ ■ B shalldoall within its power lo prevent their and sottlen inlhelii if the St (ohave that statement in that form, or stronger, if it is possible to get it, and embodied in the work of this Convention. And 1 do this to be con- sistent with what I have done before. I second the motion to strike out all the latter part of that section. If you will remember, I strove to take out of this article section four, and also section five. Section four was stricken out by a stiall majority, but section live was retained. I then made an effort to bring section five within the scope of the Consti- tution of the United States and of the treaty. That afso failrd; and if the memberB of the Convention want to meet that responsibility, and say that the treaty is not binding upon this Convention, 1 ani willing they should do it; but in regard to this section, we should certainly strike out all after the word "power," and let this matter of fact declaraUon sUnd. While I am anxious to do all that is legal, I do believe that even the Chinaman, obnoxious as he is, has some rights that the white man is bound Co re<>pect. I do believe in going behind the treaty, and saying that the Chinese should not be invited to our shores; but as long as that treaty sUnds aa the supreme law of the land. I do not believe it should be violated. Until tliat treaty is repealed, they have some rights which we are bound to respect. THK FHEVIOCS qCKSTJOir. Mr. STUART. I move the previous question. The motion was duly seconded. Mb. ANDREWS. Mr. Chairman: In case the previous question it not sustained, will the Chair rule that the section will have to go over one day T The CHAIRMAN. Yes, sir. The question is. Shall the main ques- tion be now put! Thevi ii ayes- MB. HUESTiS. I rise to a r Mr. UKECIU. I risetoapoi Thr CHAIRMAN. The Sec: Ma. II KRBINtiTON. I ask Thr CHAIRMAN. If there leave. The Secretary will read Sacra mpnto. The SECRETARY read: "Strikeout all of section sevc Division was called for, and the Chair declared the amendra Mb. CROSS. Mr. Chairman side has defeated our amendun witetber there is a quorum voti Mr. BARBOUR. Mr. Chain I demand lo know it. THRCHAIRM.VN. ThegenI before. I will inform him tha '"mh. barrel' R^' Tbatisnol Mr. CROSS. It takes sevenl Thr CHAIRMAN. Doealhe Mr. CROSS, Yea, Bir. Thr chairman. Then th not adopted, because there was i Ma. WEST. I protest aga pro,.«ilions. [Laughter.] Thr chairman. The Ch. members. The Chair will put i The next vote, on division, re Me. WEST. Mr. Chairman: bers who do not vote either wav the action of those who are trvi Me. HOWARD. Mr. CUairr ■■ The CHAIRMAN. The gen Mr. UuWAHD. II having I quorum present, that settles Ih hers refuse to vole does not havi Mr. ROLFB. Allow me on ijority of that quoru Itn eventy-B. ry w Mr.' JOYCE. I would lik< snnot decide whether there i . call of the house. The othi The CHAIRMAN. We wil The vole was taken again, i Ma. STU'ABT. I would su Qns we would KCt along The chairman. There uled that a quorum must vot« M,a. JOYCE. I move that th The CHAIRMAN. The que! n the table. Division was called, and th IOCS, 43. The CHAIRMAN, The noes Mr, JONES, Unless there gain. The Chair has so ruled Thr CHAIRMAN. Ma-TULLY. That there is i Me, LARKIN. I move we [ ceed lo the consideration of secli Mr. NOEL. I call for the ru Tbr chairman. The Cha adopted , Al R. McCALLUM. r rise to I Thr CHAIRMAN, 'Slate yoi Mr. McCALLUM. The app question on the appeal. Thr CHAIRMAN. The poic tion is now on the appeal from I Shall the derision ot the Chair E Ma.BTEDMAS. Mr. Chain Thr CHAIRMAN. Mr. Sled Shall the decision uf the Chair ei Mr. STEDMAN. I rise to a lav the appeal on the table, and to'know how that motion was 1< Mb. HEISKELL. It is evidc question, and that is by calling I are but six persons voting on a | two in the negative, that the mi the measure, and it is just that refuse to vote, and under this Convention. Mb. cross, I cannot see an; T Dec. 16, 1878. OF THE CONSTITUTIONAL CONVENTION. 721 nor to the people of this State, for us to stay here this afternoon, and I therefore move that the committee rise, report progress, and ask leave to sit again. Thk chairman. The appeal is pending. The question is. Shall the decision of the Chair stana as the judgment of the nouse? Mr. LARUE. I desire to ask a question. This house is composed of one hundred and fifty members, and seventy-six constitutes a quorum of the house. Now, we sesolve ourselves into Committee of the Whole, and there are seventy present. Then two gentlemen go away, and according to the ruling of the Chair we caunot do anything, because there is no quorum present. They refuse to vote. I hold if there is a quorum present it is all sufficient. Thk CHAIRMAN. The question is, Shall the decision of the Chair stand as the jud^ent of the Convention? The Chair has no preference in this matter; in fact, as far as I am concerned, I hope the Convention will overrule the Chair. Mb. walker, of Tuolumne. Mr. Chairman : I desire to read this to sustain the decision of the Chair Mb. HOWARD. I raise the point of order that the reading at this time is out of order. Thk chairman. The point of order is well taken. The question is on sustaining the decision of the Chair. Ayes 15, noes 45; and the decision of the Chair was overruled. Mb. BARBOUR. I raise the point of order that there is no quorum voting. [Laughter.] Mr. van VOORHIES. Mr. Chairman: I would incjuire whether or not, when a Quorum is present, and a vote is taken, it is necessary that a quorum snould vote? Thk chairman. The Convention has just decided that it is not. Mb. van VOORHIES. Then I think the Convention is wrong. The chairman. The Secretary will take up the amendment to strike out all after the word " power." Mr. REYNOLDS. Mr. Chairman: If this amendment to strike out section seven Mb. LARUE. I rise to a point of order. We are acting under the previous question on this amendment, and the gentleman has no riglit to discuss it. The chairman. That is the way the Chair understands it, and consequently is out of order. The question is on the adoption of the amendment offered by Mr. Liarue. Division being called, the amendment was adopted by a vote of 56 ayes to 18 noes. 'Mr. cross. Mr. Chairman : I wish to give notice that at the next meeting of the Committee of the Whole, I shall move to reconsider the Yoie by which this portion of section seven is stricken ouL I will also state that I voted aye on the motion, in order to have a chance to make this motion. Mb. BARBOUR. I second that motion, and I wish to call the atten- tion of this Convention to the fact that you are stultifying yourselves by voting that the Chinese shall not settle in this State, and then voting down a proposition that the Legislature shall oppose them by all the means in its power. Mr. BARRY. Mr. Chairman: I offer an amendment to section seven, by way of a substitute. Thk secretary read : <' Substitute for section seven the following: 'The presence of Chinese in this State is declared herein to be dangerous to the well-being of the State. The importation of Chinese coolies, being a form of human slavery, is forever prohibited, and all contracts for coolie labor shall be void, and all contractors for coolie labor shall be liable to the pains and punishments provided by the law of Congress against importers of African slaves. In all trials under State jurisdiction for violations of this section, the jury shall be the judge of the law and the facts in each ease. This section shall be enforced by appropriate legislation.' " Thk CHAIRMAN. It is out of order, as the Convention has adopted a portion of section seven, and you cannot now strike it out. Mb. BARRY. I move to amend section seven as amended by adding my amendment. The CHAIRMAN. That is in order. Mb. BARRY. Mr. Chairman : In offering this amendment to section seven it will be unnecessary for me to dwell upon the evils of Chinese immigration. All that has been said by the learned and eloquent gen- tlemen, and it is more than sufficient to convince this (M>mmittee that this is an evil which should be curbed, and that it is within the power of this Convention to curb and restrain the further extension of this evil within this State. As regards section five, I voted for it because I believed it was within the power of the State to do this, even though gentlemen speak of the sacredness of treaties made between this country and China. As far as that is concerned, this amendment refers only to those who come here as coolie slaves. It is well known that slavery does exist in this State in the form of Chinese coolieism. Now, sir, provided the Supreme Court of the United States should hold section five to be unconstitutional, we will still have something to fall back on. We would still have this section seven. It provides tnat Chinese coolieism, in this State, is a form of human slavery, and shall be prevented, and that those who import Chinese here, they being slaves — being a form of human slavery — shall be forever prohibited in this State. Now, sir, if the Convention does not have the power under the powers of the State — under its police powers — to prevent it from being overrun by a class of that character, then it certainly does have the power to adopt a section like this. I don't think there is any fear about its not being con- stitutional. It is well known, and admitted by eminent gentlemen on this floor, that human slavery does exist in this State. Chinese slavery does exist. That being the case, I presume no gentleman will deny that a proposition of this kind is legal. Mb. REYNOLDS. Mr. Chairman : I have an amendment to the sec- 91 tion merely for the purpose of correcting the phraseology. In the second line I move to strike out the word "herein," and insert before the word " declared " the word " hereby." The chairman. The Convention has adopted a portion of the sec- tion, and it is not in order to move to strike it out. The question is on the amendment offered by Mr. Barry. Mr. REYNOLDS. I make the same point of order against that as the Chair has just made against me. I propose merely to strike out one word and insert another, not for the purpose of changing the sense, but merely the phraseology for the purpose of improving it a little, and now comes an amendment to strike out two entire lines of the amendment already adopted. If I cannot strike out one word without being out of order, how is it that another gentleman can strike out two whole lines and still be in order? The chairman. This amendment don't strike out anything. Mr. REYNOLDS. It strikes out all of the third and fourth lines. Mr. AYERS. I wish to say this: I would like to see all these amendments in such language that they will mean something. The last amendment offered says that the importation of Chinese coolies is a form of human slavery. The importation is not a form of slavery. Therefore there is no sense to the amendment. Mr. cross. I raise the point of order that there is not a quorum present. The chairman. Not well taken. Mr. REYNOLDS. Now, sir, I am opposed to the amendment that has been offered here, and I insist upon a ruling upon my point of order. If I understand it, the section now ends at the word "power." Am I correct? * The chairman. Yes, sir. Mr. REYNOLDS. Very well; now the Chair has just ruled that to strike out the word " herein " is not in order, because that has been adopted, and now here is an amendment which strikes out more than one whole line. Mr. McCALLUM. Will you allow me to explain a moment. The {gentleman offered his amendment to strike out. The Chair ruled that le could not do it. Then he said he offered it as an addition, which the Chair said he could do. This is not to strike out at all, it is in addition. It is a mere rej)etition of the former language. • Mb. REYNOLDS. Well, sir, as I heard the amendment read, it com- mences at the beginning. Section seven as adopted reads : " The presence of foreigners ineligible to become citizens of the United States is declared herein to be dangerous to the well-being of the State, and the Legislature shall discourage their immigration by all the means within its power." Then you propose to add to that the amendment that : "The presence of Chinese in this State is declared herein to be dan- gerous to the well-being of the State," etc. The absurdity of this amendment appears by reading it; and it strikes out a portion of the amendment in reality, and that is as much out of order as mine, and more. Mr. BARRY. I ask leave to strike out the first portion of my amend- ment. The CHAIR. If there is no objection it will be stricken out. Mr. BARRY. There is a mistake there; I don't know whether it is mine or not. In place of " importation," it should be " presence." Mr. STEDMAN. Mr. Chairman : I move that the committee rise, report progress, and ask leave to sit again. Carried — ayes, 34 ; noes, 29. IN CONVENTION. The CHAIR. Gentlemen: The Committee of the Whole have instructed me to report that they have had under consideration the report of the Committee on Chinese, have made progress, and ask leave to sit again. ADJOURNMENT. Mr. TULLY. I move we now adjourn. Carried. And, at four o'clock and twenty-five minutes p. m., the Convention stood adjourned until Monday morning. EIGHTIETH DAY. Sacramento, Monday, December 16th, 1878. The Convention met in regular session at nine o'clock and thirty min- utes A. M. Assistant Secretary THORNTON. Gentlemen : The President and President pro tem. being absent, the first business in order will be the election of a temporary President. Mr. L ARKIN. Mr. Secretary : I nominate Mr. Tinnin, of Trinity. Mr. Tinnin was elected, took the chair, and called the Convention to order. The roll was called, and members found in attendance as follows : Andrews, Ayers, Barbour, Barnes, Barry, Barton, Beerstecher, Belcher, Bell, present. Biggs, Blackmer, Condon, Cowden, Boggs, Brown, Cross, Crouch, Burt, Davis, Campbell, Caples, Chapman, Charles, Dean, Dowling, Doyle, Dudley, of Solano, bee. 16, 1878. OF THE CONSTif UTIONaL COIJVEJJTIOII. 723 be ascertained for the information of this Convention between now and to-morrow, I have not the least objection in the world that the matter go over until to-morrow, at two o'clock, but I am unable to see what there is in the world that the Convention can get posted on between now and to-morrow, or between now and next week, in regard to the matter. All there is is three petitions — one from Mariposa County and two from Merced County— containing the names of about one hundred and forty or one hundred and fifty men. That is all there is to see. As to the man himself, W. J. Howard, I do not know how thev will find out anything about him, except by coming to the men that know him; aud if they come to men that know hijn — to Mr. Heiskell, Mr. Holmes, myself, and I do not know who else — they will be satisfied. I have known him for some twenty-nine or thirty years, as a resident sometimes of Merced and sometimes of Mariposa County. Other gentlemen have known him the same length of time, I presume; and during that time he has been a man respected in the county where he resided. He has been a member of the Legislature, some years ago. He was appointed, in Mariposa County, two or three years ago, by the Board of Suj)er- viaors, as District Attorney, to fill a vacancy, and he filled that vacancy with credit and honor. Now, I do not wish to insist upon an immediate election at all, if it seems to the members of this body that anything is to be gained by a delay of a day or two days. I have no objection at all that the matter should go over until two o'clock to-morrow, or anv other time, if there is anything to investigate; but what strikes me fs this: I do not see what further or other information it is possible to obtain. Mr. FILCHER. I would like to ask the gentleman if the delegation knows whether these petitions are the work of Mr. Howard, or some of his friends, or whether it comes spontaneously from the people? Mb. JONES. I cannot answer the question any further than this: that I have looked over the names on the petitions. The names are signed in the handwriting of the business men of these counties. I rec- ognize their handwriting, and could swear to their signatures in any Court. I recognize that most of these men are men that do not do any- thing at the dictation of anybody else. They would not sign a petition for anybody unless they thought it a right thing and a good thing to do. As to whether Mr. Howard ever asked them to sign anything or not I do not know, and I submit that that is a point of no consequence at all, provided it be true, as I assert, that the men are men who do not sign papers because men go and stick them under their noses. I am one of that kind, t-oo. Mr. ROLFE. Mr. President: It seems to me that if we go on with this election now we shall be acting with indecent haste. I have no doubt but what this applicant is a perfect j^entleman. I do not have any reason for thinking otherwise, but it is only within the last ten minutes that I have heard that there was an intention to fill this vacancy. I want a few hours time to think it over, otherwise I shall be compelled to ask leave to decline voting. If we allow this to be brought up this morning in this shape we must allow it again, and although this may be perfectly fair ana honest this mornine, and noth- ing like a trap that is sprung upon us, yet there may be a dishonest appli- cant hereafter. I do not say tnere will be, but there might be. We will establish a precedent which we will be pained to look to. I do not think we ought to take action on it to-day. Mb. JONES. I accept the amendment for Tuesday, at two o'clock p. m. Mb. GRACE. Mr. Fresimmitlee comes in here in the ihane of an articli all thi up Ihey can Bpeak to the separate Kctiona nne ever^ speaker to the immediate subject, Ihi ion. Gentlemen have been called to order here subject under consideration, and the Chair h bj reason of the existing nilel of order, that 'bole Reotlemen could speak upon any aul President: 1 wi ectii 1 under consideration or nol. whether g would have the privilege of traversing the Hie to Chairmt nent tbslChairmen of committees asity for that amendment. The m that privilege at any time lint of order is welt taken. The amendment ggest that there is no need of the amendmenl. President: 1 move that the ConTention _. littee of the Whole, Mr. Tinnin iu thechair, for considering the report of the Committee oi IMITTEE OF THE WHOLE. (o a point of order. I see that it is the cuslou hie floor to leave their seats and go nearer th< sadvantage of those who set back here. Rul r member, when about (o speak, shall rise and President, shall contine himself to the question I personality, and shall ait down when he has hall speak out of his place without leave o~ it the rule be strictly enforced afler this, fcretaiy wilt read the first amendment lo se g a form of human slaveiy, is forever prohil contracts for coolie labor are null and voii: itions. whether formed in this country or an importation of such labor, shall be subject I nents provided in the law of Congress againi irman : Thisamendmentseenis to be agains a kind of slavery. 1 would tike the gentle ans by coolieism. ^B in Congress Mr. Sargent made one of the ablest le, I presume, at any time, and he referred (o ly : he referred to the Chinese being here in the ;!« was no doubt but what they were coolies. 1 t, that it means really Chinese slaves. I pre- I not deny tliat that is what tbey really are, used id on this coast. And Mr. Barvent particularly, of them in that respect, as Chinese coolies; in yea. He referred to the slavery system existing if the Chinese being brought here by those who were desirous of makinj Companies, and I did no ooolie meant, and 1 thinl Constitution of the Unite the word coolie by the ge understand it, had iU or to Chinese in this countr definite meaning, or thi definite meaning, as con gentleman desires a pro! kind of objection, but 1 1 taioly approxiinale, in I think that the section i to the amendment offei I believe on Saturday "power" in the fourth li to reconsider tbe vote by Mb. cross. It is mj Ma. MILLBB. Then ection. The neit four ' It shall provide for the lall providi nof^theSI methods, by their taiatio: Now, the substance of tl five, which h*B already 1 portion of tbis section it tion five, because it wou two sections or paragrap reads: " It shall prescril BODS convicted oi introd delegate all necessary pu State for their removal Now, there can be no gn tion. It is merely Che should have the power t portion of that city a nu town of San Francisco, stands, couldnot, perhaps ■ ■ eit. They wou a. case sgaing whether the intention fs think the intention of t incorporated cities the |m people who create this r generally, outside the objection to that; and object, hut would be in f instead of section live. Mb. BLACKMER. » Th« 8KCRETARY rei "Strike out the words Ma. BARRY. Mr. CI will vote for the amendn sensitive on the libel r stricken out of the Const; I am willing to let it sU Ma. BLACKMEH. T hibiled in tbis Slate'; ai void. All companies or < any foreign country, for I to the penalties end pu against the importers of by appropriate legislation 1. CROSS. Mr. Cha anything to say upon thi as to the definition of the Francisco, Mr. Miller, i he has lailHl to say. It from first to last, has bee closely. 1 uuderstand bin P"--' Dec. 16, 1878. OF THE CONSTITUTIONAL CONVENTION. 725 tilis Chinese curse, he is equally anxious to act within what seems to fcim constitutional limits, afl fixed by the Constitution of the United States. Now, this word coolieism. here introduced, it seems to me, has, .-among those who are familiar with this Chinese Question in its later phases, a well defined meaning. I think the word nas its origin as the Chairman stated, or very nearly so; yet this word has come now to have a very definite meaning, and is used with as exact a meaning as almost any terra. Now, sir, the word slavery is not a synonymous term. Oolieism is a contract by which the Mongolian is imported from his native country to some foreign country, there to work a certain period of time to pay his passage. Now, that is the meaning of coolieism, as treated even in our popular magazines — a word which has come to have, in our literature, witn regard to tne Chinese, especially, a definite meaning. If a Chinaman pays nis own way to the United States, or to the British Colonies, or to Australia, and there goes to work, receiving his own pay, he is not a coolie. But if under a contract, made previous to his importation, he engages to work a long period of years for his importation priee, then, as I understand this clause, he is a coolie. They 'exist in the British Colonies and Australia, and they are numerous in California. A large portion of them have worked out their time. A large portion of them here are not coolies. We have come by some means to use the word coolie for Mongolian. Just how the word has come in use here I do not know. In California our Chinese have already passed the period of coolieism. I think the period of coolieism is about six years. That is, a Chinaman from Hongkong is brought from China under a contract that, in consideration of being landed here, he will work a period of six years, and pay all, or a certain portion of all, that he edPns during that time to those who import him, out during that time the latter will have absolute care of him, take care of him in sickness, etc The Six Companies bring nearly all of the Chinamen here under such contracts. As a rule, those who want to come here go to the agents of these companies and make their arrangements with those agents. When they come over here they find out that it is a hard bargain, that they have made a hard bargain, and by the time their pericNd of coolieism expires a large portion of thein are used up. If we put this in the Con- stitution we shall be doing this race an act of justice, to say that these contracts should not be binding upon them when they reach our soil, for it is a stage of slavery, although not involuntary slavery, because they si^ these contracts of coolieism. Now, if we pass an Act or adopt a constitutional provision which shall make these contracts of coolieism void, then I think we will interfere with the importation of Chinese in this way, that the companies will not bring them here if the law of this State is such that they are no longer bound by these coolie contracts; and I will attempt to say that they are very hard contracts, such as we would not allow an American citizen to be bound by ; and these con- tracts are the very means of bringing nearly all of the CMfnese to this State that come here. Mr. miller. Does the gentleman believe that the word ''coolieism" has such a well defined meaning that a Court could determine what it meant ? Mb. cross. I think it could. I do not think it is so much a word in law as it is in this particular branch of affairs. Now, one word as to the remarks of General Miller as to this section and section five. It seems to me that there is quite a difference between the latter part of section seven and the section five of which the gentleman speaks. Mr. miller. The first four lines. Mr. cross. Section five is as follows: "No person who is not eligible to become a citizen of the United States, shall be permitted to settle in this State after the adoption of this Constitution." Section seven says: "It shall provide for their exclusion from residence or settlement in any portion of the State it may see fit, or from the State, and provide suitable methods, by their taxation, or otherwise, for the expense of such exclusion." It seems to me that we have three points to attempt to reach in this matter; whether we shall gain them, is really a question which we might consider, but I feel bound to make the attempt. One is to prevent their coming, by an attempt to prevent immigration ; next, adopting such provisions, not amounting to direct prohibition, as will discourage their coming; and third, adopting such regulations as will make them less injurious to the interests of the State, and less liable to come in contact with our civilization when they are here. Section five is a direct prohibition to their coming; and Iwill say that I have some doubt as to whether it is not in violation of the Constitution of the United States. I mean an honest, unrebellious attempt to have it determined as between the State and the United States. This portion of section seven is this: that there are places in the United States more dangerous to have them reside than in other places. Two years ago there came the scourge of diphtheria, and the deaths without exception were confined to the families and children who lived in the neighborhood directly suiTounding Chinatown. Dr. Capl^ and those who are physicians here will understand that directly in that vicinity were the places where the scourge took death to almost every individual that was attacked, and yet other portions of the city located in the same way, but not near Chinatown, were entirely untouched by it. Now this section provides that the Legislature may provide for their exclusion from the city to- such localities as they see fit; and that they may require them not to settle in such places. It may provide for excluding them from the State. I am not sure that "the word would be more apt if it had said "deport" them from the State. Mb. miller. The treaty permits of their residence in the State, and as I looked at it they could not be excluded from settling in the State. Mb. cross. Perhaps it would have been a little better if the word " settlement" had come first. " Residence" is an intention to remain. But the words in a Constitution do not always come fHA they should, ai)d so this word " residence " has come first. It says it may exclude them from residence. It seems to me that this reaches a point not reached by section five. They may prevent them from acquiring a settlement or being settled, it may break up their residence and compel them to go. Now, sir, if the Burlingame treaty were abrogated to-day, and we had none of these provisions, the Chinese could come and settle here. But suppose we had the fifth section, that there should not be any more immigration, the result would be that we would have about one hun- dred and twenty thousand of them in the State, but no more could come. Now we want more, that we may be freed from the injuries of those who are here ; that we may be permitted to exclude them from the localities where they may be most injurious. If the treaty should be repealed, and this Constitution adopted, then we would have these provisions so as to go right to work ana protect ourselves against those who are here. The fifth section provides that no more shall come, and this portion of the seventh section provides the means by which we can regulate those that are here. The CHAIRMAN. The gentleman's time is up. Mb. FREUD. Mr. Chairman: I hope that the amendment of the gentleman from Sierra, Mr. Barry, will be araught negroes there from other fve out a term of years for the their passage money — QOtwilh- . island; and I think the Island shelled against this. It throwed was referred to the Home Gov- n the face of it, and stopped it. of Queensland, in Australia. I ling. They introduced the same groes that were called Kanakas — . the Pncific and decoyed these iges, and these men not under- i thei treaty wi roolieism will be stopped. I don't know what tliej done before under similai Mr. white. Mr. CI excellent section; the wh Mh. AYEB8. Mr. CI after Mr. Winins' amend Thr secretary rear " Insert after Mr. Wini provide the necesanry leg State of Chinese after the Ma. FREUD. I secon< Thi CHAIRMAN. I i ""m^. WlSANV."°Mr. C the word "Chinese" in r TuK CHAIRMAN. Tl Mb. HOWARD. Mr. i gentleman from Sierra, 1 whole section, because Ih according to the Act of C phrase in Texas about apposed to that. ingand repeating what absurd. I l>%eve in ado day, by striking out all a sections adopted in Comn and gives the Legislature jurisdiction, under Congr regulate this matter. I I article is surplusage, and the probabilities of swnm Mk. HOWARD. Mr. i the punishment being de: Mb. AYEB3. Mr. Ch. Los Anf^les, that by ina selves (o this commitlee, lion. We are dealing wtl rectly, with a fire (hat « gentleman on this floor, enceof the Chinese in th abated. The people of tl generally been supposed respect was very limiteti; stitution and by the treat the members upon the ] down and curing th from Sierra possessei question in another of its icious and ugliest forms, I look upon coolieism slavery itself, as it existed "~ ' that African slavery s of years. ' Then it Cower perpetual, am undrM where a « coolie, from the vices wl known as peons, attached raiisotn which tlieir ancet grows upon that which tion the longer he and hi; itself, Itei Dec. 16, 1878. OF THE CONSTITUTIONAL CONVENTION. 727 peonage. I am glad tliat the gentleman from Sierra has thought of this subject, and has so ably presented thought in his amendment. If we surround this subject with all the prohibitions we possibly can; if we make it difficult, or even impossible for the Chinese to remain upon our soil; if, while they are here, we prevent them from enjoving all the immunities which they now enjoy, and freeze them out; if we render their labor unprofitable to their masters, we will help tocyt theGordian knot Then, again, I say that the power of the State is supreme for exclusion. I say it, and eminent gentlemen on this floor have said it, and producetl the authorities to show it. Then I say we would be false to our trust and false to ourselves, unless we place certain provisions in here that can be tested and can be decided in the highest Courts of our land, so that we can draw the lines. Mr. white. Mr. Chairman: I hope that the amendment will be adopted, because it really means something. Those who are opposed to doing anything of course they will object, and they ought to vote against it ; but those who are in favor of doing something effective ought to vote for the section as amended now. All of the amendments are excellent. REMARKS OF MR. THOMPSON. *Mr. THOMPSON. Mr. Chairman: In my mind this question of Chinese immigration is of greater and more vital importance than any other that will come before this Convention during our deliberations, and yet when we look at it in an intellectual and legal point of view, we see at a glance that our powers are very limited to deal with this great subject in the way we would all like to without coming in direct conflict with the Constitution of the United States, or some of the pro- visions of the Burlingame treaty. Yet, Mr. President, I am willing to go as far as any gentleman on this floor by way of police, sanitary, criminal, or vagrant regulations, or refusing to license tnis class of aliens to carry on any trade or business whatever, il we can in any way, by statute or otherwise, prevent the same. And I would go further and continue to hamper them in every way that human ingenuity could invent, so that the " heathen Chinee " himself would see that it was getting too hot for him to attempt to try to make a living here, and would consequently leave for his own or some other more genial climate for him at least. There has been so much said on this question, Mr. President, that I shall not attempt to delineate to thi^ Convention all the numerous causes why the vast hordes of this insignificant and loath- some people should be prohibited from swarmimg amongst us in untold thousands, unless the powers at Washington provide, and that quickly, some sure and wholesome measures to prevent it. Therefore, I shall be brief, and allude only to a few of the most injurious and evil consequences that this people are bringing upon us in various ways. I hold, Mr. President, that unlimited Chinese immigration is a blight and a curse to our fair State, from the fact that it is in.the first place coming in direct competition with the free labor of our own white population, to that extent that it will ere long be next to impossible for a white man or woman to procure work at all, even at the present starving prices of Chinese wages. You may say that we have already arrived at this state of affairs pretty generally throughout the length and breadth of this great State. It requires no argument to convince anv candid mind of this fact. If it does, go with me through the streets of our cities, look at the hundreds of poor, anxious, wan, careworn faces of the laboring classes, seeking, day after day, in vain for an opportunity to get a day's work at any price, and unable to obtain it. Look at our cities again in another and more humiliating aspect either by gas or davlight, anv- where on the Pacific Slope; visit tue public brothels, behold the woful sights that meet you there. Why, you see scores and hundreds of once Ijeautiful, lovely, and virtuous females who have been driven to the vilest sinks of iniquity, and the lowest grade of female degradation, and shame, all for the want of the opportunity of making an honest living in the numerous vocations that these Chinese hordes are in every direction usurping and taking away from them. Behold the spectacle i Is it not enough to make one's heart shudder to contemplate the scene? Again, look at it in another serious aspect and see the hundreds of youths who have contracted from the above, and the miserable Chinese prosti- tutes, the most loathsome and almost incurable diseases that humanity is heir to, in addition to having their minds and morals corrupted per- adventure beyond all future reiormation. Mr. President, how, I ask, in the name of humanity, can we improve this painful state of affairs, under existing circumstances, with the con- tinued influx of unlimited Chinese immigration, with the treaty with that province staring us in the face? I see but one way, and that is by way of memorial to Congress, couched in the most respectful, yet impressive terms, the ingenuity of this Convention can devise, request- ing them to take immediate action. If we cannot get relief in this way, I, for one, have not the faith of a grain of mustard seed that we can accomplish it in any way that has been proposed from the other side without coming in conflict with the Constitution of the United States, as I have before indicated. If we cannot accomplish anything in this way, anything that this Convention can do more than to adopt the first and perhaps the third section of the report of the committee would be vain and absolutely futile, and it would be only a matter of time when the Supreme Court would reverse all that we adopt beyond these sections. As for State rights in the premises, I consider that but an empty bubble, long since exploded and settled bv the sword, and confirmed by Chief Justice Grant, with one hundred thousand Associate Justices standing around him at Appomattox Court House, as has been well said by the gentleman from Marin. I hope, therefore, we shall hear no more foolish arguments of this kind, but abide the time that we may get relief from national authority. Now, Mr. President, I will add, in conclusion, that I do not believe that any gentleman on this floor is more opposed to the unlimited immigration of Chinese than I am, and I have never, in the twenty years that I have lived in this State, given a Chi- naman a day's work, nor do I ever expect to. If everybody would do this it would go a long way towards removing this incubus; but every- body will not do it, so we are cut off from this source. I would like to, if I could, vote with my San Francisco colleagues for all of the most stringent propositions of the committee, if I could without it appearing puerile and silly; but as it comes, in my mind, in conflict with the national government, I must refrain from doing so, as I believe, with many others, that such a course would delay the object we all wish to attain. But if Congress does not grant us the relief required by prohib- iting the Burlingame treaty, I fear, as a great statesman has said before me on another subject, some future bard may sing of California in this wise: ^ "The star of Hope shone brightest in the west. The star of Liberty the last the best. It, too, has set on her golden shore, ^ And life, hoi>e, and freedom light up earth no more." Mr. white. I move the previous question. • Seconded by Messrs. Ayers, Freud, Belcher, and Lampson. The main question was ordered. ^ Thb chairman. The first question is on the amendment offered by Mr. Ayers. The amendment was adopted, on division, by a vot« of 47 ayes to 30 noes. The chairman. The question now recurs on the adoption of the amendment as amended. Adopted. The chairman. Are there any further amendments to section seven? Mr. belcher. Mr. Chairman: Is an amendment to the part which is adopted in order now? The chairman. Yes, sir; an addition. Mr. belcher. Mr.'Chairmau : The part adopted refers to an Act of Congress. It seems to me that whenever we legislate here we should legislate for ourselves, and not refer to the legislation of another govern- ment and another system of laws. The amendment which I have sent up is to this effect: Strike out the words ''subject to the penalties and punishments provided in the law of Congress against the importation of African slaves," and insert ''subject to such penalties as may be pre- scribed by the Legislature." Now, the Act of Congress provides as the punishment for that offense a fine not exceeding seven thousand dollars and imprisonment not less than three years nor more than seven years. That is the Act of Congress. Something might be said about that pen- alty. It is said that coolieism is the letting of labor or a contract by which a party agrees to perform services for a certain length of time. If the penalty prescribed is imprisonment at hard labor for not less than three vears, it would seem a pretty severe penalty, and the penalty must be in proportion to the oflrense. Now, this penalty is -the penalty applied for stealing men; but I object to it principally because it is a reference to the laws of another government, another system of statutes not under the control of this State, either its Legislature or this Conven- tion. This law may be changed wholly. Instead of having this pen- alty, it might be repealed by Congress. I think we should refer here to such penalties as tne Legislature may prescribe, and not such as the Congress of the United States may prescribe. The amendment, I think, should be adopted. The chairman. The Secretary will read the amendment. The secretary read: " Strike out the words ' subject to the penalties and punishments pro- vided in the law of Congress against the importation of African slaves,' and insert the words ' subject to such penalties as may be prescribed by the Legislature.' " Mr. WINANS. Mr. Chairman: I entirely concur in the views expressed by the honorable delegate from the Third Congessional Dis- trict. I think we should do our own legislation and impose our own penalties. This objection struck me as a forcible one to the proposition of the gentleman from Sierra, Mr. Barry, when it was introduced, but I was not willing to oppose it then or suggest any change, because I was fearful that in the similitude of amendments the main proposition might be sacrificed and lost, but inasmuch as the proposition is now before us and has been adopted, I suggest that it would be directly in the line of right enactment for us to remove that one objectionable provision, and leave the matter entirely to State action and State control. The amendment was adopted. Mr. HUESTIS. I would like to hear section seven, as adopted, read. The secretary read : Skc. 7. The presence of foreigners ineligible to become citizens of the United States is declared herein to be dangerous to the well-being of the State, and the Legislature shall discourage their immigration by all the means within its power. Asiatic coolieism being a form of human slavery, is forever prohibited in this Stete, and all contracts for coolie labor are null and void. All companies or corporations, whether formed in this country or any foreign country for the importation of such labor, shall be subject to such penalties as the Legislature may prescribe. The Legislature shall delegate all necessary power to the incorporated cities and towns of this State, for the removal of Chinese without the limits of such cities and towns, or their location within prescribed portions of those limits, and it shall also provide the necessary legislation to prohibit the introduction into this State of Chinese after the adoption of this Consti- tution. This section shall be enforced bv appropriate legislation. Mr. HOWARD. Mr. Chairman : I believe we are now on section eight. The CHAIRMAN. The Secretary will read section eight. The secretary read: Sec. 8. Public officers within this SUte are forbidden to employ Chinese in any capacity whatever. Violation of this provision shall be ground for removal from office ; and no person shall oe'eligible to any BATES AND PROCEEDINGS for three months trike oat u , irhich I WQiider e Legislature shall 1 tax on resident D or taxes will be le. It ia undoubt- olleotion of taiei ., under the decia- Mr. Coolej says, Feder It of art stand) leral file. It will not be a lengthy matter, and 1 if the amendment of the gentleman should pre- the Committee on Revenue and Taxation is no! health to permit him entering upon thp debate niltatioa it was thought best lo make thia m en up and consiilercd to-dav. Lob Angelea. I think tlio gentleman from S. . ia well enough, and certainly we ought lo dispoM me and taiatioo Itefore Ihe holidays. It ia now iug we have lo consider, and 1 trust we will take '. President ; I have an amendment to the amcnd- e report of the Committee on Revenue and Taia- :ial order, lo he taken up immediately after the -t on military albira. I make that motion, ion't know why it should be postponed till after imittce on MillUry AfTairs ia disposed of. Our it of very great importance, and the subject of is of the ntmoit importance. Mr. President; As far as I am personally what time tbe report of m 'rly impoasihle for nte to- joct. The condition of my lungs It will be utterly impoasihle (or me (o-day to ■ery severe cough. Home days since an arrange- the Committee on Legialalive Department, liy e Committee on Revenue and Taxation was lo be n the report that ought lit to be cunsicUroi lily understood tl insidered until after the report of Ibe Legialativ *d of. That was the understiinding with th mittee, and aeveral other commiUees, and I wa that that was lo be the order of procedure; bu luld not object lo I (slie up the report of the Committee o bject lo the pressing of the motion. There 730 DEBATES AND PROCEEDINGS Monday, be inserted in the (Constitution of the United States. Section eight, of article one, provides for this subject in prescribing the powers of Con- gress : " To provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions. "To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectiveljr the appoint- ment of the officers and the authority of training the militia according to the discipline prescribed bv Congress." In addition to that I find in article two a declaration that a well regulated militia, being necessary to the security of free States, the right of the people to keep and bear arms shall not be infringed. Now, we know that this <][uestion was considered a very important one in the early organization of the government, and it is no less important now than it was then, because the i)eople had their choice then as they have now between a well organized State militia in the several States and a standing army maintained by the central government, which, under our system of republican institutions, has always been considered an enemy to liberty, and when the people had their choice between maintaining a large standing army, maintained by the General Government as the great armies of Europe are maintained, at a vast cost to the General Gov- ernment and to the people, they determined upon the plan which now exists, that is to say, to provide for the organization and equipment of a militia force. The question as to the relation of the militia to the General Govern- ment has been deemed of sufficient importance to receive the construc- tion and iudicial determination of the Supreme Court of the United States, and the relations and duties of the General Government have been determined and fixed, not merely in the Constitution and by statute, but by elaborate decisions of the Court of last resort — the Supreme Court of the United States. So important has this subject been considered, that at every session of Congress since this government was organized there have been appro- priations made to the several States mr arms and munitions of war. You are all aware, I suppose, that under the laws of the United States the only office required to be maintained in any State is the office and department of Aujutant-General of the State. He is the only person in the State who, by the operation of law, is required to make communi- cations to and keep in correspondence with the General Government, Every year he makes up a roll which is sent to Washington, which shows upon its face the number of able-bodied citizens between the ages of eighteen and forty-five vears who are capable of bearing arms. That roll, so returned, is made the basis upon which arms and munitions of war are distributed by the General Government to the several States. Therefore, under our duty to tlie General Govemnient, the obligations which exist, the office and department of Adjutant-General cannot be abolished. Now, the theory of all this is, and of all the laws, that Con- gress shall prescribe the general rules for a uniform system for the State, secure the enrollment of all able-bodied males, etc., but all the details and all the management of the troops are left to the State, and they are only to be called upon when it mav become necessary by reason of some public emergency. This power of calling out the military has been very seldom exercised. It was exercised to suppress the insurrec- tion in Pennsylvania in seventeen hundred and ninety-four. It was also exercised during the war of eighteen hundred and twelve ; the whole of the latter fight, and, indeed, I may say of the rebellion, being conducted by the militia of the States. Now, down to the time of the rebellion the militia was regarded with general disgust. It was consid- ered an absurdity for a man to belong to a military company. He was the butt of everybody's jokes, and the object of public contempt, if nothing more. But ever since the rebellion, in all the States or this Union, at least north of the line over which the contending parties fought, as much attention has been given to the foundation and organization and disciplining of militia as to any other department of government. I wish to call the attention of the committee to the State of New York. In that State they have an organized and armed militia of nineteen thousand nine hundred and ninety-one men, consisting of eight divisions, with ail the arms, accouterments, ammunition, etc. A great deal of fault has been found at the extent of the appropriations for the support of the militia in this State. The report of tne Controller of this State, which has been laid upon the desks of members, shows what has been done in this regard. I may here remark that the report of the committee as submitted, and which has been read, the first section of which we are considering, consists of six sections, upon which this committee has agreed. There is a minority report — I don't Know that it can be called a minority report, because it is signed by a majority of the com- mittee— which dififers from this report as to what the appropriation shall be, and as to what shall be the limit of the militia force of the State. It is proposed in that report that the Legislature shall be limited by the Constitution, and that the entire appropriation for any one year shall not exceed twenty-five thousand dollars. Now, sir, I desire to speak to the whole of this report; and, as far as my judgment goes, if it is worth anything this limitation should not be put upon the Legislature, either as to the extent of the appropriations which may be made for the support of the militia, or as to the number of the force. And we shall see, b^ looking briefly at what the other States have done, how little necessity there is for putting into the Con- stitution such a provision as this. Now, in the State of New York, the State supplies armories, arms, transportation, and supplies, and pays for all services rendered. The members of the National Guard are exempt from jury duty. Now, in that State, during the year eighteen hundred and seventy-seven, the appropriation for the support of the National Guard was seven hundred and forty-five thousand three hundred and forty-six dollars and thirty-three cents. This was something like two hundred and fifty thousand dollars above the previous appropriations, but it was made necessary, owing to the so called labor riots. And while commenting upon this I wish to call attention to this fact: that while in the State of New York where these labor riots — or whatever they were called — burst upon that city, as they did in Pennsylvania, the State of New York was in such a condition, and had such a force of men, that it only expended two hundred and fifty thousand dollars in putting down the riots which threatened the destruction of an immense amount of property, and if it had succeeded would have cut off communication between the great grain growing regions of the West and the State of New Yorft. At an expense of two hundred and fitly thousand dollars they put a prompt end to it so that no property was destroyed and no lives. Now, in the State of Penns^ivania, where the^ had no such system, where they relied upon mere volunteer companies, we all know what destruction there was upon the great railroads which cost the State of Pennsylvania not less than fifteen million dollars inside of forty-eight hours. This shows the difierenee between the two systems. No lives or property were destroyed in New York, while the destruction of life ana property in Pennsylvania was terrible. In the State of Massachusetts — and I remember hearing a good Irish friend of mine in San Francisco say, ^hen his son asked how ne should vote, watch Massachusetts vote, and vote that way. Now look at that State. That State maintains a force of thirty-six thousand and eighty. The State furnishes armories, arms, drill grounds, and target ranges. It exempts the members from jury duty afler nine years of service. The expense for supporting these amounts to four hundred and fifty-four thousand two hundred and seventy-four dollars and sixty-seven cents. In addition to that the State receives from the United States for arras, six thousand two hundred and thirty-seven dollars and twenty-one cents. Even in the State of New Jersey they have a force of forty -eight com- panies, or about three thousand five hundred men. The State furnishes armories, arms, transportation, etc, at an expense of seventy thousand dollars per annum. Then they receive from the United States four thousand dollars, and the members of organized militia companies are exempt from jury duty. The State of Connecticut has a force of two thousand two hundred and ninety-three men. The State furnishes armories, arms, etc., and pays two dollars per day to each member of a company for seven days services in each year. In the State of Maine they have a force of eight hundred and seventy-three men. They furnish armories, etc., have one armory, and one regiment of cadets. Even for that small force of only eight hundred men the State pays thirty-five thousand dollars per annum. In Vermont the State furnishes the armories, arms, etc., and pays two dollars a day to each member for five days services in each year; encour- ages target practice, makes appropriations fur it, furnishes all the money for that purpose, which is done in every State, I believe, except California. And, sir, wnile we are poking fun at the militia, I regard this matter with considerable State pride; and, notwithstanding the poor encour- agement that has been given the marksmen of this State, have won the admiration of every State in this Union, and of every government in the world. The California marksmen have been taken from among the clerks, and shop boys, and those young men of San Francisco and else- where, who have been made the butt of laughter and sneers of so many men. These marksmen have been taken out of stores, and blacksmitk shops, and various other callings, and I say they should be encouraged and not sneered at. Now, sir, take the State of Rhode Island^ven that little handful of dirt, Khode Island — and she has a force of one thousand eight hundred men. They have arms, armories, etc., furnished them, ana a muster of the troops is had every year, and each officer and private is furnished with transportation and one dollar and a half per day. The State receives two thousand dollars a year from the General Government, and the rest is raised by a general tax. Now, in the State of Pennsylvania, where, I say, they had no such organization as in the State of New York, and no appropriations worth s{)eaking of were made — no encouragement was given — the State of Penn- sylvania was forced to expend, in addition to the enormous loss of prop- erty that was destroyed, to keep together the independent military companies of the State, the sdm of seven hundred and ten thousand dollars for that one occasion alone. In Ohio they have reorganized the militia, and they now have an efi'ectual militia. The State furnishes arms, armories, etc., pays the members for services during a certain number of days, exempts them from jury duty, and also from the road tax. In Nevada there is a force of five hundred men ; the State furnishes arms, armories, etc., and allows five hundred dollars to each company. Kentucky has recently commenced to organize her militia, and an annual tax has been levied which will place them on a good footing. The State furnishes arms, armories, etc. Texas, of course, is an exception, because the militia are always liable to be called upon at a moment's notice. The State appropriates,! think, about six hundred and twenty-nine thousand dollars a year. In Louisiana they have a total force of two thousand nine hundred and seventy men. The State furnishes arms, armories, etc., and annual appropriations are made. In Florida they have a very creditable organization, and they appro- priate about thirtv thousand dollars a year. Many of the otKer States I could name would make an equally good showing. Now, in the State of California you will see how meager, how utterly inadequate the means will be if this constitutional provision which is proposed here should be adopted. It is proposed to put a limit in the Constitution ^ as to leave no discretion to the Legislature at all, either as to the number of men or as to the amount of the appropriation. Now, sir, in view of what the other States have done, it seems to me it would be very unwise, upon the principle of economy, so called, for this Dec. 16, 1878. OF THE CONSTITUTIONAL CONVENTION. 731 ronvention to take such a coarse as that. In California we have a total force of two thousand seven hundred men. The appropriation amounts to forty-five thousand two hundred and sixtv-four aollars a year. And instead of the State, as in these other cases that I have mentioned, fur- nishing arms, armories, etc., the companies themselves have to furnish them out of the allowance. The allowance for target practice amounts to about two days' pay for a policeman, and they save to the people of the large cities an enormous expense in the matter of a large police force, for a well organized militia stands ready at all times, at a moment's notice, to come to the rescue when property is in danger. Now, how paltry this appropriation seems when we come to compare it with the appropriations made by the other States. How little and trifling the sum seems for the ^vemment to pay for the maintenance of an institu- tion for the protection of life and property, in case of riot and conflagra- tion. Why, sir, the army of Germany costs two hundred and sixty- eight dollars and seventy-five cents per man ,* Rusdia, two hundred and eleven dollars; Italy, two hundred and twenty-four dollars; France, two hundred and seventy-nine dollars; and England, four hundred and seventy-eight dollars. Now, what a vast diflerenoe there is between the expensive system adopted by the nations of Europe and that adopted by this country. As I said, sir, the report of the committee embracing these six sec- tions embodies the views of the militia of this State, and are based on provisions of other State Constitutions. We have considered the best interests of the State; and, while some complaint has been made that a large portion of these appropriations go to San Francisco, I say it is not improper or unjust that so much of the militia force should be located in San Francisco, for there is where there is the greatest necessity. And I say now, to the gentlemen of this Convention, that any attempt to reduce the appropriation by constitutional provisions, will be an act of extreme unwisdom, which would have an encouraging influence upon disorderly persons in San Francisco. I know that gentlemen outside of that city — gentlemen connected with the agricultural interests of the Stale — look upon this matter of spending forty-five thousand dollars a year for the support of this establishment as a thfng which is unneces- sary. They hear the subject discussed to a considerable extent, and they think they understand it, but I think they will see the propriety of leaving this matter of the amount of money to be expended and tne num- ber of the force to the Legislature. Why, sir, every farmer on this floor knows as well as I do that last year the militia saved the City of San Francisco from riot and fire, w^hich might have cost the city one hun- dred million dollars in property. We all know that there is a large class of persons there who feel — I doubt not with considerable justice — that the presence of the Chinese is sufficient cause for tliem to bring about a public disturbance. We know the public mind is greatly agi- tated upon this subject, and I cannot but regard the putting of such a restriction as this in the Constitution as an act of extreme unwisdom. Who is objecting? Who is protesting against it? Why, sir, the peo- ple of San Francisco, who pay a large portion of the taxes of this State, are not protesting against it. I have not heard a single man from that city object to it. On the contrary, if petitions were of any use, if it was necessary, I could bring the unanimous voice of the property holders, men who have the interest of that city at heart, in favor of the position I have taken — not merely rich men, but poor men ; not merely the men of large means, but those of small means: men who have their little homesteads; those families who feel that they cannot afibrd to sufl'er from riot, or conflagration, or disturbance of any character. We cannot aflford to wipe out the militia system and leave pro^)erty and life at the mercy of the mob. I submit that such a course is both unwise and indiitcreet. This is a matter we can safely leave to the Legislature. It ought to be left to the Legislature. Why should we limit it for ten years? Is there any sentleman on this floor who can look forward ten years and say what tne United States are going to do? I must say I cannot. I do not know what may be the result of a year, or a day, or a night. If the necessity should arise for legislative action, the Legisla- ture ought to have the power to control this matter. Now, I had intended running over, to some extent, the authorities on this subject, and quoting the views of some of the best military men of our own country who have given this subject attention, but I have not time now to do iL I simply ask that the report of the committee be adopted, and that this Convention will not decide to put in the limita- tions contained in the minority report. Mr. STEDMAN. I rise to a point of order — the majority report. Me. BARNES. I have said so several times. As I said in tne begin- ning, a majority of the committee saw fit to sign the adverse rejKJrt, urging that the powers of the Legislature shafl be restricted to giving ten companies support, not to exceed twenty-five thousand dollars a year. I know my voung friend challenged my admiration when, on signing that report, he said he could take one thousand men and march from Siskiyou to San Biego (if noboily opposed him). It is simply a ({uestion of judgment, that is all. We have a very economical system in this State, when we come to compare the appropriations made by this State with those of other States. Notwithstanding that we have an organized force of militia in this State equal to that of any State in the Union, as far as efficiency is concerned, and it is superior to many. I ask that this article may be adopted, without speaking to it section by section, because I have read over legislative extracts from other States bearing upon the whole question. I say that the Constitution is noplace to fix the amount of the appropriation; that should be left entirely to the Legislature, so that when occasions and exigencies demand it, they can act untrammeled by any constitutional limitation. They can reduce the amount if they see fit, or they can increase it if the exigencies demand an increase. I believe the present militia force is absolutely necessary for the safety and protection of the City of San Francisco, and men outside have no reason to complain, for they are almost as much interested in the prosperity of that city as the residents themselves. No part of the State can strike a blow at San Francisco without injuring every other part of the State. San Francisco desires that the militia shall at least be maintained at its present standard, and San Francisco pays a large portion of the taxes of this State. SPEECH OF MR. MOFFAT. Mr. MOFFAT. Mr. Chairman: I believe ten companies are all that this State requires. What is the use of all this militia? Under the present system we have forty companies, which would make four thou- sand eight hundred men. What is the use of all this militia? What is the use of supporting it? It is taxing the people for nothing. Now niv opinion is, that we reduce the number down to ten companies. That h all the State requires in my opinion. That would give six huiulied men in San Francisc**. I believe that is all that is required to perform all the police regulations of that city, and all that the pcofile demand. I believe that an appropriation of twenty-one thousand dollars a yoar is sufficient to pay that number of men fairly for their w^ork, and kel invasions.' " Mr. BARNES. The same matter is en^bodied in sections two, throe, and four of this article. The CHAIRMAN. The question is on the adoption of the amend- ment to section one. SPEECH OF MR. CAMPBF.LL. Mr. CAMPBELL. Mr. Chairman : My object in ofTeriug this amend- meni is to place the Constitution on the same footing, in tne same lan- guage precisely, as the Constitutioij has heretofore stood. And if tliia amendment is passed I shall then ask the house to strikeout all tho remaining sections, and that will leave the Constitution just as it is to-day. Now, sir, I am opposed to this tinkering with every section and every article of the Constitution. There are instances where we are called upon to legislate — all that class of cases where there are plaiu and acknowledged defects in the present Constitution. But as far as other portions of the Constitution are concerned — those which are not connected with coqwrations, Chinese, taxation, etc., 1 am in favor of leaving them as they are as far as possible. In those cases there are exceptions, because it is plain that something should be done in order to correct existing evils. Now, this is a subject where the Legislature is not liable to do any- thing improper, and this is a matter that may safely be left to legit^Ia- tive discretion, so that they may regulate the matter according to t)ie exigencies and circumstances of the case. So far as I know there is no feneral public complaint in regard to this portion of the Constitution, 'rom the observations I have made I have found the opinion universally expressed that it is unwise for this Convention Co attempt to tinker with and change every section in the Constitution; to subject every part of it to change and alteration. And further, that it is unwise and unreasona- ble for us to assume that we know everything, and that the LegislatJires which are to assemble hereafter will know nothing. It is wrong for us to tie up the hands of the Legislature for ten years upon a subjtct that ought to be elastic, and about which there is no general complaint. Now, here we are on the seventy-sixth day of the session. If we go on with amendment after amendment amending everything in this Con- stitution, we shall not get through in time to enable the i>eople to know what they are voting on. This Constitution has to be submitted to t)ic people in May next, and we have been now nearly three months engaged here and have only finished three or four articles. Now, except whenever public experience and observation show that a radical change is required, let us aj the. gentleman from Alameda, Mr. Campbell. :er ia concerned, it does appear Ui me that it does eal, and I believe tbe old Constitution will give 9 anything wo will be likely to putinita place. change will amount to a great deal either way. serious objoctiona lo determining the amount to military comiMmieS of this Slate, hut t do not mportance to bother with it, especially when the .ime reduce the amount for that purpose ; and if c demand for auch a reduction they will do it, iew of the subject, though I am in lavor of low 1 favor of the amendment. But there may be s tliere have been in almoat every State, when le Lei^alalure to have this power. I hope we speeddy, and I think the beat solution of it ie ^ntleman from Alameda, Judge Campbell. Mr. Chairman : An amendment lo the amend- lent, 'but no appropriation for the support of the B year exceed tlio sum of twenty-five thousand of war, insurrection, riot, or invasion, when tbe rbe question is on the amendment to the amend- r. Chairman: I waa not aware that Ibis report ly. I expected to be prepared fully upon thia ood that the legislative article was coming up, repared to discuss this article. I do not desire lo lent Ufion this question, but I wish merely lo i committee to the report which has been received nswer to a resolution by this Convention. Wbat >all your attention lo is the figures. If members they will find that the appropriations under the -- -J) be fearful. In fact, sir, if we ' ■ -'--- ie militia of thia Btjkte than tbe totarcost of the id the figures of that report to show tbe oost of N For the year ending June thirtieth, eighteen it cost the sum of six uioueand and eighty-four ents; for the same period ending June thirtieth, fly-seven, four thousand six hundred and ninety cents; eighteen hundred and fifty-eight, six and sixty-three dollars and seventy-seven cents ; fitly-nine, four thousand seven hundred and id fifty cents; eighteen hundred - - ' uety-six doll are and eighty-six ixly-one, fonr thousand five hundred ant y-five cents; eighteen hundred and sixty. id fifty- ity-eight cents, which also included deficiencies jng lo over six thousand dollars; eighlren tiun- se hundred and forty-one thousand nine hundred lixty-eight cenla; eigbleen hundred and sixty- id three hundred sixty-two dollars and seventy- Ired and slzty-iix, forty thousand and fifty-eight dollars and thirty-nine cents; eighteen I hundred thonsand four hundred and aizi centa; eighteen hundred and sixty-eigh hundred and twenty-nine dollars and foui and aixty-uine, fifty-two thousnnri four h and fiay-fivc centa; eighteen hundred ai sand eight hundred and ninety -eight dolli hundred and aeventy-one, thirtr-seven 1 twenty-seven dollars and twenty-four a seventy-two, forty-nine thousand nine hui seventeen cents; eiRht«en hundred and se sand one hundred and six dollars and ai dollars and eighty-live cents ; eighteen hui eight thousand four hundred and sixty-f eighteen hundred andaevenly-aix,thirty-n ninety-eight thousand one hundred and three cents ; eighteen hundred and sevent seventy hundred and seventy-two doll an hundred and aerenty-nine, iSrty-one thou teen dollars; eighteen hundred and eig hundred and fourteen dollars; making a I dred and twenty thousand two hundred seventy-eight cents. I don't know how these deficiencies can that matter. But I know there lias been What should cause this increase is more I need that it should be increased. Why w hundred and seventy-nine and eighty the hundred and two thousand eight hundred the two years — fiflv-oiie thousand four hu year. What for? 'l ask the gentleman fn what it WIS for, this fiftv-one thousand do Ma. BAHKE9. For^he purposes of tl 1 did not keep the accounts of the Slate, expended for. and what is more, I don't a . Ha. STEDMAN. What benefit has 1 expenditure of this vast amount of mone} six thousand dollarawas appropriated fo while stationed at San Francisco, when th a riot I was there in Ssn Francisco— I h yean—almost all my life, and I was th that time, and I saw no need of the militia hundred thousand people of San Francie was no riot. Then what ia this money ap want to draw money out of the State trvat Mr. President, I regard this in a great 1 ture. I am radical enough to say that I v the militia. At times they are a necesaai like a great many other evils we have. / be useful— I don't know whether they wo the civil war was raeing, it was not the 1 sir, when the war broke out, they threw t country. I say, sir, that the Seventh Regi 0 the w e late Mr. BARNES. Let me ask you a quee Ban Francisco when the news came of the Mb. STEDMAH. Yes, sir; I know all . Ha. BARNES. Does the gentleman regiment that reached Washington aRer that city, was tbo Sixth and Seventh Rt intlo go niliti fa. STEDMAN. Regiment, not the om dings. nthew ! that first started. I did n Now Isay,ifthereiBnot9omereStrictio restricting them from appropriating vast s day that it will cost more to maintain th does the civil service of the State. I think a clause as this ouEht to be put in the Cons demand it. I shall vote lo put it in thei will adopt thia amendment of the genllei Ma. O'DONNELL. Mr. Chairman ; I State for the last twenty-eight years, and have lived in San Francisco, and 1 ha> derived from the militia. In eighteen hui Vigilance Committee look charge of .th< militia waa called out and one hundred a call. My friend Barnes knows that to b was required they were not there. Mr. IIARNES. Not where? Mr. O'DONNELL. Not ready to take the Bute fn>m invaaiou. Now, ! am entii organized the second company that was ev what was the result T Why, they were of 1 [Laughter.] They were the beat compi OP THE CONSTITUTIONAL CONVENTION. the cit}'. Wiicn the militia were caJloH out the jvople of Snn Francisco had no couHdence iu them whatever, bccfiuae Ibry were all lotkeil up in Lhe f^uiorie^, and so thev ordered out (ho citizena with eluba Oifld pistola. This was calltd the Plelthandle Brigade. Now, sir, that is llic fact that tho people of this Btato hnv« got no confidence in the militia. How, Tor 1 Tel* dajs, as 1 said, thej- were compelled to remain at the arniories. It cost the SUte for that service Sve thousand two hundred anrl two Jollars. That large amount of money was taken out of the treaaurj for nothing. I had a conversation with one of the captains of one of the Dumpaniea who occupied the armory on Montgomery street. He said lit taej wanted was an opportunity to fire into nome of these working- men. Now, if that had occurred there, if there had been a single shot Bred there by one of the militia, the whole city would have been in Sames. Every otKccr of the city, and his residence, was known, and Ihey would have BuQercd for it, Ad a few dozen of them would have been killed maybe. But they were locked up in the armories. Never ine of them was seen on the atreeteon that occasion. You all know that to be a fact. [Laughter.) How did they have any (endeucy to quell the mob? There never iva« any mob. I have lived there for twenty-eight years and 1 never Hw any signs of a mob. I never saw n city in Letter condition than ?an Francisco has. been in since the Workingnien's party has been in ■xiatenco. Never in my life. It was never in danger. The only way fou could have got up a liot there was to get two or three of the militia A ahoot some of the workinginen. I never saw any benefit they could 5e to the Slate, except to cause a riot. It is of no benefit whatever. The noney appro|irialcd for the militia at that time was a perfect waste, and w»a of no use in the world. Some of these big vultures, I don't care to IS about tbe extent of their usefulness. [Laughter.] They are used Tor political purposes, and nothing else. They are of no benefit In the State whatever; and if there is t« be any appropriation at all, I would limit it down to five thousand a year. 1 hope, sir, that this section one will be stricken out altogether. Ma. HILBORN. Mr. Chairman; I wish lo occupy one moment. 1 kanw something of this extra appropriation of five thousand dollars alluded to by the gentleman, and 1 will say that wo paid this per diem nell and bis friends. Ua. O'DONXELL. There was never any intention whatever lo interfere with the arms of this State. There was not the least danger in the world, and you all know that to be a fact. U«. STUART. Mr. Chairman : I would not say a word on this question were it not for a remark made by the Chairman of the Com- mittee on Military Afiaira. lie said, I believe, in bis speech, that the farmers werj opiiosed to voting a sufficient amount of money to support the militia of the Stale. Ma. BARNES. I did not mean to say that exactly. I said it was the eipreasion in the committee that there was a sentiment among theagri- cultural portions of tbe Slate to tbatelTect, and that I did not see why such a feeling should exist because they were all deeply interested in the welfare oT San Francisco. Mr. STUART. I think, sir, that the farmera. the ugriculturista, tbe prodncere of California, are as lojal as any set of men in tho United Slates. 1 think they desire to have a military force that is sufficiently Umng to protect the great City of San Francisco at any and all times, and under any circuni stances. I think, sir, that there is no necessity fur a change in the old Constitution in regard to that department of our guvemment. J believe our citiiens of our cities and towns should be prntected. Lives and properly must be protected from rioters and all father enemies, and I am thereforo opposed lo the amendment of my tnlleaguB from Sonoma. I believe that the jieople are well enough satis- fied with Ihe old order of things, and I shall therefore vole for the amendment of tbe gentleman from Alameda, Judge Campbell. Ul WELLIN. Mr. Chairman : Perhaps it is not worth while for me t" Uke np any time in this discussion, but several remarks have been Ihrown nut in regard to the miliLary, and it is nothing more than right iftal r should refer to them briefly, or at least one or two of them. Bo 'aru (he gentleman upon the other side is concerned, and his slAlcment IDsl lie Seventh Begimeul of New York supplied w many officers, 1 ".".'"o coll the attcnlK ' ■■ ' * 0 Qgbting done then thepr mn pnsnilile for Ih e Sixty-ninth New York marched to the field of battle, .""^ra among the first to lake part in the contest, and while tliey o" ^Khting on tho battle field at Bull Bun, as the genlleman well j^*" the Bevenlh New York were marching with all possible speed j^'^s home. When they came back tho regiment was reorganiied. t th ^ """^ enlisted, and then this new regiment marched to battle. a r. ^ genlleman makea a mistake when he gives lo this first regiment w^'Odii that history has given lo the Seventh New York. . £■ Barnes. I do not intend to defend the character and fame of rt^>enlh Begii war to protect tho City of Washington '2 >ls duty there, and was recalled at the request of tho Uovernor o _''tfcte of New York, for the purpose of preserving the [waee of tin 4 them as they marched through the itreeti. It was brought back against its will, because the Governor of the Stale believed ibnt the [Hioce of the city vim in great danger, and everyhDicuous on the field of battle. Their lives are too valu- able 1« bo thrown away. Suppose the Indians were to cothe in on us, what show would these men have! Sir, we must save them from the Indians, and everything of thai kind. And if I can find an opportunity, I shall proKBo to this committee an amendment which will prevent them from being killed by Indians. 1 shall propose that the militia uf the Slate shall n i™»vJ, ___. for calling out tbe old^women, with their brooms, to protect us. I do not want to run any risk of tbeir being destroyed. It has been con- tended here Ibat they are not useful; but will any man rise in his scat and say that they are not omamenlal? 1 pause for a reply. Do not the gentlemen want anything but that which is useful f Sliall we have nothing in the Constitution of an ornamental characterT I am uot Erelty ; I have not got the shape nor the stvle for a glorious parade day ; ut shall I bo jealous, and prevent those who have shape and style from riding through the streela of San Francisco, seeking lo repel on invasion t DEBATES AND PROCEEDINGS eaking, are the militia companies any prutectiou told that they are, but it is not true. Tliey are Dtection, sir, oT the Slate, and of every State, h eople. A government wlxicli cannot rest upon tliat, must give up the republican idea ; muat government, and tutiat reaort to the tlieory of all a. We do nut, according to oar theory of euv- upoD the band of power, but upon the wiLi of 18 organized, uniformed oompanica, are not tlie h tho country depends for safetr. Tbe proper tnt would bo that every able-bodied man hi the That is the true militia of the State ; that ia the itution of every single Stale in the Onion recog- ' am surpriMd at a report coming in here iaion, w>iich is contained in every aiugle a the United Statea. and which ia the subject. Now, we talk about the militia being •rttor. We do not mean the oreuntzed militia a, it is tbe citizens — the ablc-body politic — t upon, and all you need is enough of a he militia projwrty, and to keep the b ,t body of ciliieus, the volunteers, wbo eompoae no more of such rallitia as we have hail in this militia as we have had in Son Fmuclaco — not in has been made to their services to tbe State, jperty in San Francisco by the militia. Some jiatt«r of history. If history shows anything, it le militia in San ^ranciaeo was a dastardly and of what was simply an boncst and peaceable 10 single shadow of reason for calling out the lat political excitemeut. And if tbey Lad been ly would have fired in the air. There was no 1 the militia by any p«uible construction that It was done by the politicnl trickatera for the sole honest, legitimale political uprising. If there would the militia have amounted to in the mat- lousand, or six tbousand, or eight tliousand peo- I thousand! What foil; to talk about auch a an opportunity, 1 shall offer tbi. I consist of all able-bodied whib Ir. Chairman : I wish to say one word or two, 1 that is to show why I shall vote aa I do on this it, J lived on Kincon Hill during the time of the -uck the alarm of Are that night I went down to n, and I seen no diaturbanco whatever. Tbe ander to (he interests of the vultures, and that ered out. I lived on Bincon Hill, anil owned as not at all afraid of getting burned out in San 'raid of anybody setting fire to my prowrty. I I am not afraid of getting burned out. IJow,the • made some allugion to Dr. O'Donnell-in con- ngmen'B party. I, air, Mr. O'DonncU said he was there during I said the militia was called out to protect tbe om Mr. O'Donnell and his friends. Ln acconnt of that riot audTroubto was sent out was circulated through tbe press, and these gen- they are going to vol^ on thia queation. 1 wish to riot, only the disiurbanoe caused by these vul- aaw it all. 1 saw them shoot indiscriminately ildren, and a poor man living in the city was and died. He was a stranger in tbe city and I right there and saw these cow anily fellows wi" ion- My little girl, about four years old, wl_ ed lining on one of those bats and says she: "0, itl" Well, I thought it was worth all it cost to ras a funny hat. Mr. President, I vote in favor litla and the money appropriated for their kcep- of any militia in San Francisco. The working- I, like me, are not going (o get up any riot, they ' there is any riots. 'ith permission of the comniitlee I wish fo make arc several Slates in this Union that dii he beDedl of the militia. II the gentleman to order. He has spoken I The question is on the amendment. Ma. MILLER. Mr. Chairman: Itwosnotmyii thing on this subjeel; but 1 Ihink there is danger of by prejudice sralnst the militia. It is true, aa ni Francisco, Mr. Barbour, says, that the real militia of independent freemen of Ihe State — men who are rea country, to take up arms in Ihe country's defense. tbe gnat rebellion came upon the United Stales ii and airty-one, the seveni Stales— the Northern 8ti '.nd equipped from this militia the Guest army Iha his continent, aud perhaps the finest in tha worl emcmbered that in every State there was a mill Slate had established laws for the organisation cf mil we ahould take the narrow view^f the subject w prevailed here. We had belter adopt the expcrienci of the Union. Non,if the militia have been unsatii it does not follow as a lineal conclusion that you ni after. The mililia system is the school for the railil try. And we found In eighteen hundred and sixty- which had paid some attention to tbe military art « to send forward organized troops than thoae Statea Mention has been mode of the State of Indiana, to be a native of that State, and at the time of the war I was a resident of that State. It was the mi Stale which enabled them to organize a targe force 9 after Ihe war began the liCgislature was convened i n militia law was passed which authorized the G< additional reginienta, which he did. Senator Morto time— would never have had the credit of being Ihe had It not been for the acta of Ihe Legislature whicl It is true he was a uian of such determined cliaiacl* ability, that he was capable of making the moat out him. But he nor no other mau could have done for the acts of the Legislature. Ma. STEDMAN. This amendment provides Ih: insurrection we may do the same thing. Mr. miller. I do not know anything about ought not te wait till tbe emereency arises before system. That would bea very short-sighted policy, iug and encouraging the military art in this uountr; of Ihe General Government it can only be fostered disposition is lo cut down tbe regular army, and tbe by the Individual States. 1 believe in a military ua exhiblta a military spirit has the respect of the wot thing necessary as force in the government of mai every nation, in order lo occupy a position of equalil of the earth, to foster a military spirit. Now, as to what ought lo be the cost in the State o to cost the very smallest sum possible, because the are alreoily high enough. But, can we not trust Legislature? Does not the Legislature decide, froi vhat tb appro] e of tl into the fulure. We do not know what crisis mav t or what the Slate of California may be called upon to mo a very unwise and short-sighled policy to ) upon the Legialnturc, in the Constitution. I think it lo tbe Legislature lo determine, from session i appropriations shall be. Ma. BLACRMER. Mr. Chairman: I did not e. militai^ question, and would not now were it not correcting the erroneous impression which might t remarks of some who have addressed the committ understanding in regard lo Ihe report of tho Ad Controller in regard to tbe cost. It was slated bv San Francisco, Mr. Sledinau, that for the year ei) seventy-seven the Legislaliire appropriated ninety hundred and forty -three dollars and fifty-three cei (be militia. It is true that was the appropriation, ua Ihat a part of it was to cover deficiencies for pre read the report, which showa all the deficiencies: Erpeaae of MaiatainiM State Mililia, including beparlment, /rom July ^nt, eighteen hundred ai thirtieth, eigkUen hundred and eighty, at shoum RepOTtt: Dec. 16, 1878. OP THE CONSTITUTIONAL CONVENTION. 735 Years. Amount. $697,166 83 87,629 14 52,449 55 39,898 16 37,327 24 49.913 17 72,U»6 6.') 66,.i07 85 38,464 80 39,215 96 ; : 98,143 53 38,772 90 51,414 00 1 51,414 00 $1,320,223 78 Auiomit bi-ought forward Year ending Juuo :mh, 1868 Year ending Juno 3(jth, 1869 Y<«r ending June 30tli. 1870 Year ending June 3()tli, Ls71 Year ending Juno lUJth, 1872 Year ending June lioth, 1873 Year ending June 30tli, 1874 Year ending June 30th, 1875 Year ending June 30th, 1876 Year ending June 30th, 1877 Year ending June 30th. 1878 Year ending June 30th, 1879 Year ending June 30th, 1880 Total • Includes deficiencies, $6,070 13, of 11th, 12th, 13th, and 14th fiscal yean. t For the equipment and expenses of organised militia. X Inclndos deficiency appropriations, $71,359 38, for the 25th, 26th, and 27th fiscal years. I Includes deficiency appropriation, $3,564. I These two appropriations have not as yet been expended, as they are for the present and coming fiscal years. Membera will see, by referring to this, just exactly what it has cost. Now, in regard to this proposed limitation, it does occur to me that we ought to leave the whole matter to the Legislature; and I am willing to allow that body to determine what the appropriations shall be, according to the emergencies that may arise. It is not m San Francisco alone that this system is of benefit. There is a long southern border to this State, where, whenever the time comes that the troops are taken awa^ from that locality, there will always be need for a military organization. Now, I know last Winter the troops were taken away to fight the Indians, and a raid was immediately made upon the station down there, near the line, and the people of San Diego were obliged to organize and go out thera^elves and defend the lives and property of the citizens. 1 am in favor of leaving this matter to the Legislature. They are the people's representatives, just as much as we are, and will do their bidding. MR. STEBMAN. I wish to ask the gentleman a question. In that place they have riots, insurrections, and war? Mr. BLACKMER. Yes, sir; and they made an assault upon a place down there near the line. Mr, STEDMAN. Across the line? Mr. BLACKMER. No, sir; and the gentleman reminds me of the men to whom Harry Hotspur refused to surrender his prisoners. SPKRCH OF MR. FILCHER. Mr. FILCIIER. Mr. Chairman: From the discussion, it appears that this is one of the most important questions that this Convention will have to deal with, and I wish briefly to state my views of the mat- ter to tlfls Convention. In the first place, though I have been edified and instructed by the remarks of the Chairman of the committee, that I am satisfied that the people of this State demand that this reduction be made in the number and cost of the State militia. This question has been universally discussed throughout the State by the press and among the people, and the universal sentiment seems to be that there should be a limit placed upon the expenditures for the support of the militia. There ought to be some change in the system. However, sir, I am opposed to any positive iron-bound restrictions, for the reason that we cannot foresee the events that may happen, and we must leave it suffi- ciently elastic to allow the Legislature to act if occasion should require it. I agree with the sentiments of the gentleman from San Francisco, Mr. Barbour, that the safety of American institutions rests upon the patriotism of the people. lUuce, I also agree with the other gentleman from San Francisco, deneral Miller, when he says he believes in culti- vating and fostering a military spirit. And to establish and carry out^ these ideas, I would advocate the adoption of this section as proposed to be amended by the gentleman from Alameda, Judge Campbell, providing how the militia may be organized, providing how the officers may be chosen, and conferring upon the Governor the power to call out this militia in case of emergency; and then to go further, and declare that all able-bodied male citizens of this State not exempt by law from mili- tary duty, between the ages of eighteen and forty-five years, shall form ,the militia of the State. Then, f think, it would be wise to adopt with that a provision restricting appropriations in time of peace to the pay- ment of the Adjutant-General's expenses and salary, and of the officers in charge of the State armory, and for the purchase of arms. We are yet, to some extent, occupying rather a frontier position. We have seen the peace and quiet and safety of our citizens threatened within the last twelve months. The Indian tribes from Washington Territory over- run Oregon, and even touched California at one time, and disturbed the peace even of this State, and we sent arms and ammunition to the peo- ple of these threatened districts. Our State was in a condition to send them arms, and that was what was needed most of all. California is in a condition to-day to repel either invasion, insurrection, or to quiet dis- turbance in our own midst. The spirit is here, the military disposition is here; and all you have to do is to furnish the arms, and when occa- sion requires, there will be a vast army of volunteers. I think it would be wise for us to pass a provision here that appropriations may be made for the purchase of an ample supply of arms, and having done that, I would ask, what enemy dare invade us? It seems to me that would be the best system we could adopt. The people complain because they are taxed to support a lot of strutting peacocks, instead of having a militia that is adequate; and these men also are exempt from many of the burdens of government, wtaich the taxpayers have to shoulder. Now, I do not believe in an armed militia; I oelieve the true militia of the State consists of the able-bodied citizens, not exenij)t from military duty by law. The i»eople are tired of paying for uniforms and regalia for these strutting peacocks who are an insult to the men who pay the taxes. I do not believe in uniforming a State militia. Mr. BAHNKS. The appropriations that are made by this State only provide for armories, and the mere expenses connected with trausjwrta- tion. The State dots not ])av for anv uniforms. Mr. FILCHER. I undersU)od so.' Mtt. BARNES. No, sir. Mr. FILCHER. Then I am glad to learn the fact. Mr. O'DONNELL. Didn't they appropriate money last year f'>r dress uniforms? Mr. BARNES. No, sir; not a dollar in any way. Mr. FILCHER. That is a small matter. I contend that we do not require an organized militia in times of peace. Let the State furnish arms, so that if a company wishes to organize in any little town, for instance, t^ey can get .arms from the State Armory for the purpose of drilling, by giving good security for the safe return of the same. I believe in the general proposition, that it is enough that the able-bodied citizens of the State shall oe subject to the call of the Governor in times of trouble, and I am satisfied that they will be better qualified to defend our liberties than the present militia of the State. THE PREVIOUS QUESTION. Mr. LAINE. Mr. Chairman : I believe enough of the time of this Convention has been taken up in the discussion of this question, and I therefore move the previous question. % The motion was seconded by Messrs. Brown, Barbour, Evev, and Wyatt. The chairman. The previous question has been moved and seeonded. The question is. Shall the main question be now put? Carried. The chairman. The first question is on the amendment of the gentleman from Sonoma, Mr. Moreland. Division being called for, the committee divided, and the amendment was lost by a vote of 41 ayes to 56 noes. The chairman. The question is now on the amendment offered by the gentleman from Alameda, Judge Campbell. Mr. EDGERTON. Mr. Chairman: I rise to inquire if this amend- ment of the gentleman from Alameda makes the section embrace every- thing that is in the present Constitution? The chairman. Yes, sir. The amendment was adopted. Mr. STEDMAN. Mr. Chairman : I offer an amendment. The secretary read: *• *' Except in case of war, insurrection, riot, or invasion, the Legisla- ture shall not authorize to be expended or appropriate sit again. No second. Tbi BECKETARY read the amendment: "Except in case of war or insurrection, the Legislature shall not authorise to bo expended or appropriated more than twenty thouiand dollars in aa^ one year for organiiing and disciplining the militia, which shall mclude all salaries, rents, and disbursements of every character relating to the militia of the State, and the care of tbe arms belonging to the Stale." Mk. MANSFIELD, Mr, Chairman: I desire to offer an aroendnient. Thi secretary read ; "Sec. a. No appropriation far the support and maintenance of the militia of this Stale, except for the pay of the Adjutant-Genenl and State Armorer, shall be made in time of^peace." Mr. STUART. I move to lay it on the table. Tub chairman. It is not in order to lay mittee of the Whole. Mb. HUESTIS. I move the previbns question Thb chairman. The question is on the a tleman from Los Angeles, Mr. Mansiicld. Lost on division, by a vote 3S ayes to 57 noes. Ma. FILCHER. 1 have an amendment to oS'er. Thi secretary read : " No appropriation of money shall be made by the State for militia purposes in time of peace, except for the purchase of arms and ammu- nition, and the salaries of Adjutant-General and State Armorer." Tri CHAIRMAN. The question is on the adoption of the amend- uch clause in the Constitution of the idea of not allowing any other Sag in tbe streetsT I see no neoeseitj is on the adoption of the amend- niittee divided, and the amendment D the table in Com- endment of the gen- 1 the adoption of the amend- ., Mr. Sledman. divided, and tbe amendment Tbe CHAIRMAN. The questioi ment of the gentleman from San Fr Division being called for, the comi was lost by a vole of 44 aya to 53 nues. Mr. MORELAND. Mr. Chairman: I have an amendm lo be added to the section. The SECRETARY read : "No appropriation fur the support of tbe mtlilia shall, year, exceed the sum of thirty thousand dollar?, except, in i Thi CHa'iBMAK. The question is on the adoption of tfie amend- Lust on a division vote : ayes. 3T; noes. 55. Ma. CAMPBELL. If it is in orde succeeding sections, bo Thi CHAIRMAN. It is not in order. Whan we reach the next sec- tion you can move to strike it out. The Secretary will read section two. The secretary read : Sec. 2. Officera of the militia shall be elected or appointed in such manner as the Legislature shall, from time to time, direct, and shall b« commissioned by the Governor. Mr. CAMPBELL. Mr. Chairman: I move to strike out section two. Thb chairman. The question is on the motion to strike out KC- Carried, nod the section was stricken out. Thi chairman. Tbe SecreUry will read section three. The secretary read: Sic. 3. No general officer ahall be removed from office except by the Senate, on Uie recommendation of the Governor, stating I on which removal is recommended, or by a decision of a Co in accordance with military custom. No officer of tbe militia ihaU be removed from office for political reasons. Mr. CAMPBELL. Mr. Chairman : I move U> strike out section thre« of the report, fur the same reasons given before. Thi CHAIRMAN. The question is on the motion of the gentleman from Alameda to strike out section three. Carried, and the section was stricken out. Thi SECRETARY read section four: Sio. 4. The Governor shall be Commander-in-Chief of tl of the State. He shall have power to call them forth lo ei laws of tlie Stale, to soppress insurrections, and repel invasiom Mr. CAMPBELL. Mr. Chairman: 1 move to strikeoutsection four, upon the same grounds. Carried, and tbe section was stricken out. Thb chairman. The SecreUry will read section five. Thi secretary r^^ad: Sec. 5. The officers, musicians, and members of the State militia, who comply with alt military duties as provided by law, shall be enli- tle Murphy, Noet Pulliam, Rolfe, Schell, Swing, Martm, of Alameda, Walker, of Marin, McComas, Waters, McFarland, Wilson, of Tehama. LEAVE OP ABSENCE. One day's leave of absence was granted Messrs. McFarland, Noel, and Martin, of Alameda. Leave of absence for one day was granted Messrs. Edgerton, Schell, and Jones, on account of sickness. \^^r^- DEBATES AND PROCEEDINGS M>.FBEUD. Mr.Preiident: I move that (he readiagortbeJou be diepensed with SDd tlie same approved. Camed. inoritj report from t Ha. O'SULLIVAN p oa* hondT^ind [Drty'tlin*/- nltUng Ui'^linaMnumititd l°mlulJan olownanhi] pniila of OnllliinilB. II ii •> frgm ths gsuenJl/ uluiliud hct Ilmt il eiliU hin -—^UrftJaJa- ----'-"" -°-- ■™-'"^"*--™'-''-"----"''" ---*-'■-- ■-"''--- uluidBMn ■U* dlalillin iawltlll«a< nwn > hiMorr of Und IK. n CblirDr- ..^ . „ lonopvlj. At th* peri' ■cqnIllllDOorCKlifornikit wu IpUHl; ■cllidd lif tmadi at ths SjHnlih-Ueilcsn nrn, aach hinlljr ocrupjlngn Itrge Irul— genenl MTanllnicaa In gxtenl— (ruled to Ihem b} lii* Heilian doveniineni. B; Il s IncU or land, hovsTer llbeisl It mi; illun In Eumi*, wlien the gmt mui ut :^ullnIriH ohoH Kll Ibcj and tbeEr ton- . But ilnipt)! coiwlderilic thn lagiitltjr of ueuciminiH me large Kimnunemuj inetn, the Meilcan InluUtaille of tMiruml*. «ban It paMd into nur lianda. are bbuneleaa for the iitiuui ajileiii of land-bold' which oriclBaud nudei Ibelr rormer lyAani of Eixemnient. In llieMrl;! daji .. eor ameiMaB •ettlMneut or Ihecaunlir. Itwu nncrmll;tboiigfal1h'e sTlla reauitlni •hat aaca^ie holdiop would gnduall]' dlalDleh Ibrougb the aubdlililon tad' lala •f the Urge nnchoi. On Iha cuNlrarjr. Iha cat» of land aionupoly Ima lncnued li> an •xliaotdlnarr Hient. The pernlchtui example ol ibe great Keitun gran- ' - UhapmaD. two bundled and Hlty Ihoniand acret; Ibe Itailiuad Cuiupany, iv'o hun- diwlatid nliietj^nelbouaandacrea; Charln Urlcughllii, two hundred and fony- a>a€d 1o him In Kern CtHinl^r In eigtleai :n addlliuii to lhe«. let ui quote a frw Id J. II. Kaggin, tnco hnndrod Ibouaand eight million Hien hundred and elgbly-lwo tbonnnd, ml anly^M Ihuunnd elu hundred and rurty-aefcn arm earh. If the Dint etuitllng hcta ai d «mpjf«d Id Iha rtha flrmt cIum-uih Iwenty-lhroB million «. baa one hundred and nlDftj-lra Ihounod fanni, the nuODtity uf which nio below ona bDDdred acrea each. California, with Iwcntj^^eren Ibou- of land mure (han la under UJIaga In Uhlli. In the latter State Ifaera are but tiity- nlnetaraitiK'eedJng one Ibouaand acrea. Hare Ihereare two IhuDeand tiro kuiidr«l We inpplement thHa Bgnrea, which are peculiarly alarlling and auggeallTe, with aand acrea oT land In Ihia Stale now uccuplrd by only Iweuly-wiven thoniaad nine bandrrd and nlitely-ili fanna, if aulnlliideil into holding) of one hundred and tl(t) aaid illtjr-lln ikraii; and reckoning that each ftunily owning a lann woald conilit of at leait fonr penona, Ihli would rl'e ui a loDU agricultuni popiiiailaii of Hce hundred and aifhlj.fbreo thonaand Ibnr hundred and alaty peraoni, or nearly quite aa uueh aa the i^reaent total population dT California. II li quite eildeni that inch of Ibe large landed propetUea of CWilfbmia a> were Uirou^b operation of ihe preiiDiptlon law* of Ihe United SU of which aim to limit each peraun to the acquiaition of one Ibrvucb Bpecloul but dlahoneal Acta paiacd bj tlie Slate Lcif regarajiig iwainp, timber, mineral, eu called deeett lauda,et ilea duaignated In tlie otlglnai documenti. and Inenaa prrtmpUon let From thcae Tarloiii caueee and the facte died, it may ba meBtiirwyUmitedrndeed. " " "'' "*" The IndlgnalliHi naturally arouaed In our mind! by CODlet men, there WDiild lie a luie remedy fur all lh> land iteallnc number one hundred and fiirtj-tb rioN 1. Perpelnlllet and monopolieai and! tor Ibe benefit ol etc.*. NopcnonahatlfonTcrbrreanecbepermlllw) to Joint, or'»ther aw'netihlp of Unde, ■hau'™t°be'alluwed ci dfluanded bt the needa ol aoclply, will follow the path of < regardleaa of Ihe olijectloni of the timid, Ibe blind, or Ihe In Perhapa aome stay Iblnk the propoaed .limit of idi bund imall— Dihna, too large — anamonutotland tbrtha needaofi mie law. Thmugh ita o|ienillon land monopoly won ■a of amlllng farma and happy homea. Mb. O'SULLIVAN. Mr. Pre.iJcnt : I move thai le tnken from the table, anil that nine hundred and ■eport i>e printed. Dec. 17, 1878. OF THE CONSTITUTIONAL CONVENTION. 739 BKPOBT. Mr. HILBORN, from the Committee on Mileage and CJontiugent Expenses, made the following report : Hr. Prcsidknt: Your Committee on Mileage and Contingent Expen9os have had under consideration the reaolution offered by Mr. Overton, providing for the pay- ment of ton dollars to J. J. Klytin, for services a« Clerk of the Committee on State Institutions and Public Baildings, herewith report the same back, and recommend that It bv adopted. S. G. HILBORN, for the Committee. The president. The Secretary will read the resolution : The secretary read : JfUsoived, That the sum of ten dollars be and is hereby ordered to be paid out or the funds of this Convention to J. J. Flynn, for services rendered as Clerk to the , Committee on State Institutions and Public Buildings. The resolution was adopted. MEMORIAL ON CHINESE. Mr. miller. I have the following report to make from the Com- mittee on Chinese, and if the Convention will permit I will read it myself: Mr. Presidknt: The Committee on Chinese, to whom was recommitted the memorial to the President, Senate, and House of Representatives of the United States, on the subject of Chinese immigration, beg leave to report the draft of a memorial, accompanying this report, for the action of the Convention. Respectfully submitted. JNO. F. MILLER, Chairman. Sacbamekto, December I7th, 1878. lb the StnaU and House of Representatives of the United J^tes: The people of the State of California, by their delegates now assembled in Con- stitutional Convention, respectfully present to the honorable the Senate and House of Representatives of the United A>tAte8 this memorial, the object and purpose of wiiich is to invoke the exercise of the supreme national authority for relief from Chinese immigration, an evil of such magnitude and of a characterso threatening to the highest interests of the State an to excite in the minds of our wholu people tlie most serious dissatisfaction and alarm. As became a people devoted to the National Union, and filled with a profound rev- erence for law, we have repeatedly, by petition and memorial, through the action of our Legislature, and by our Senators and Representatives in Congress, sought the appropriate remedies against this great wrong, and patiently awaited with confi- dence the action of the General Government. Bteanwhile thi« giant evil has grown, and strengthened, and expanded ; its baneful ofTtJct upon the material interests of the people, uiion public morals, and onr civilization, becoming more and more appar- ent, until patience is almost exhausted, and the spirit of discontent pervades the Stat«. It would be disingonuous iu us to attempt to conceal our amazenient at the long delay of appropriate action by the National Government toward the prohibition of an immigration which is rapidly approaching the character of an Oriental invasion, and which threatens to supplant Anglo-Saxon civilization on this coast. If the facts relating to this immigration now patent to all observers — if the ascer- tained knowledge now within the reach of every intelligent man — will not serve to awaken an interest upon this subjoct iu the minds of the governing power of the nation, we are tempted to despair of ever reaching n remedy. If it bo supposed, as httS been often said, that the hostility to Chinese immigration is confined to a small and ignorant class of our people, we protest against such an assumption The dis- content from this cause is almost universal. It is not limited to any political party, nor to any chiss or nationality. It does not spring from race antipathies, nor 'alone from economic considerations, nor from any religious sentiment, nor from low hatreds, or mercenary motive. We submit that our poople, being interested to a greater extent in commercf) with China than any other porl^ion of the American people, the reasons for this hostility t4) Chinese immigration roust be considered overwhelming when sufficient to array tlie whole body of our people against a treaty which was intended to secure to that people, more than to any other, the great benefits to bo derived from Asiatic com- merce. Our sincerity cannot, therefore, be doubted, since we are willing to forego all the benefits ol commerce with China, if need be, rather than suffer the ills which this immigration vaunt inevitably entuil upon us and our descendants. Among the many reasons for our opposition to Chine:.e immigration— all of which cannot l^ stated in a brief memorial — we submit the following: 1. The country being now stocked with a vigorous, intelligent, progressive, and highly civilized people, there is no need of immigration for the increase of our pop- ulation— certainly not of the immigration of a non-assimilative and alien race. 2. That, considering the character of ('hinese immigrants in respect to their hab- ita, and modes of life, and physical peculiarities, this immigration operates as a sub- stitution of Chinese for white men of the Caucasian race, and not as an addition to our population — the question being, shall Chinese ultimately occupy the country, or •hall it be held for the homes of men of the Caucasian race? 3. There is danger of an immense increase of Chinese immigrants in the near future. The effect of the famine now unhappily prevailing in the northern provinces of China is certain to cause a migration of greater proportions than any known in the history of the human races. The fear of hunger will drive the survivors of this calamity forth in prodigious numbers in quest of food — eastward, because there is no other outlet — and California offers the most fruitful fields for their sustenance. The npeculators in Chinese labor will, if permitted, seize this opportunity to augment their fortunes by the importation of these hunger-driven creatures into our \\oTtM. This invasion is to be dreaded by us more than a hostile invasion by armed men, for upon the first note of alarm from such a cause the nation would hasten to our rescue and defense. 4. The Chinese bring with them habits and customs the most vicious and demor- alizing. They are scornful of our laws and institutions. They establish their own tribunals for the redress of wrongs iMM ii^juries among themselves, independent of our Courts, and subject the victims uf such tribunals to secret punisliments the most barbarous and terrible. In our cities they live crowded and herded like beasts, gen- orating the most dangerous diseases. They introduce the ancient, infectious, and incurable malady called leprosy, the germs of which, when once distributed, can never be eradicated, but fasten themselves upon the people as an eternal consuming rot. They poison our youth in both mind and body. They build no homes. They are, generally, destitute of moral principle. They are incapable of patriotism, and are utterly unfitted for American citizenship Their existence here, in great num- bem, is a perpetual menace to republican institutions, a source of constant irritation and danger to the public peace. 5. The system of labor, which results from their presence, is a system which includes all, or nearlv all, the vices of slavery, without the conservative influence which is incident to the domestic or paternal relation between master and slave. It degrades labor to the standard of mere brute energy, and thus excludes the labor of free white men who will not and cannot endure the degradation of competition with servile labor. Chinese labor is, therefore, substituted fur the labc»r of free white men, and the State is afflicted with a quasi-slave system, under which Chinese iwpulation supplants white American citizens, and drives them to other fields or to starvation. The necessary brevity of this memorial forbids the further enlargement of facts and reasons for the almost universal hostility in Cnlifoniia to this immigration. We beg the earnest attention of the Government at Washington to this subject, fi-auglit with immense interest to us, and, as we believe, to the whole people of the United States. Whatever the State of California may lawfully do to abate or mitigate this evil it has resolved to do, declaring, however, our settled determination to avoid all conflict with the national authority, and to limit onr action to the exercise of the police power of the State. We ask most earnestly and respectfully of the Congress of the United States such prohibitory legislation as will effectually prevent the fur- ther immigration of Chinese coolies or laborers into the American ports of this coast. Mr. O'DONNELL. I move it be adopted. * Mr. UUESTIS. I move that it be printed in the form of a memorial. The memorial was adopted. • Mr. HUESTIS. My idea was to have time to read it. This is a grave question. Mr. SH after. Mr. President: I move that the Secretary have the memorial properly engrossed and present it to each member of this Con- vention for his personal signature. The motion prevailed. LKOISLATIVK DEPARTHRNT. The president. The next business on our file is the consideration of the report of the Committee on Legislative Department. Following is the draft of the proposed article on the Legislative Department presented by the Committee on Legislative Department: Article IV. LEGISLATIVE DEPARTMENT. Sectiox 1. The legislative power of this State shall be vested in a Senate and Assembly, which shall be designated the Legislature of the State of California, and the enacting clause of every law shall be as fol- lows : " The People of the State of California, represented in Senate and Assembly, do enact as follows." Src. 2. The sessions of the Legislature shall be biennial, and shall commence on the first Monday after the first Tuesday in January next ensuing the election of its members, at twelve o'clock h., unless the Governor shall, in the interim, convene the Legislature by proclamation. No session shall continue longer than sixty days, except the first session called after the adoption of this Constitution, which may continue eighty days. And no bill shall be introduced, in either House, during tl^ last ten days of the session, without the consent of two thirds of the members of said House. Skc. 3. The members of the Assembly shall be chosen biennially, by the qualified electors of their respective districts, on the first Tuesday after the first Monday in November, and their term of office shall be two years. Sec. 4. Senators shall be chosen for the term of four years, at the same time and places as members of the Assembly, and no person shall be a member of the Senate or Assembly who has not been a citizen and inhabitant of the State, and of the district for which he shall be chosen, one year next before his election. Sec. 5. The Senate shall consist of thirty members, and the Assem- bly of sixty members, to be elected by districts, as hereinafter provided. The seats of the fifteen Senators from the odd numbered districte, chosen at the first election under this Constitution, shall be vacated at the expiration of the second year, so that one half the Senate, after the first election, shall be chosen ever^ two years. Sec. 6. For the purpose of choosing members of the Legislature, the State shall be divided into thirty districts, as nearly equ^l in population as may be, and composed of contiguous territory, to be called legislative districts. Each district shall choose one Senator and two members of the Assembly. The districts shall be numbered from one to thirty, inclusive, in numerical order, commencing at the northern boundary of the State, and ending at the southern boundary thereof. In the forma- tion of.said districts no county, or city and county, shall be divided, unless it contain sufficient population within itself to form two or more districts,' nor shall a part of any county, or city and countv, be united with any other county, or city and county, in forming any district. The census taken under the direction of the Congress of the United States, in the year one thousand eight hundred and eighty, and every ten years thereafter, shall be the basis of fixing and adjusting the legislative dis- tricts; and the Legislature shall, at its first session after each census, adjust said districts and reapportion the representation so as to preserve them as nearly equal in population as may be. But in making such adjustment no persons who are not eligible to become citizens of the Unitad States, under the naturalization laws, shall be counted as forming the population of any district. Until such adjustment shall be made, the First District shall consist of the Counties of Del Norte, Siskiyou, Modoc, Lassen, Shasta, and Trinity ; the Second, of the Counties of Humboldt and Mendocino; the Third, of the Counties of Tehama and Butte; the Fourth, of the Counties of Colusa, Lake, and Sutter; the Fifth, of the County of Sonoma; the Sixth, of the Counti^^ of Marin, Nana, and Contra Costa; the Seventh, of the Counties of Solano and Yolo; the Eighth, of the Counties of Sierra, Yuba, and Plumas; the Ninth, of the County of Nevada; the Tenth, of the Counties of Placer and El Dorado ; the Eleventh, of the County of Sacramento ; the Twelfth, of the Counties of Calaveras, Alpine, and Amador; the Thirteenth, of the County of San Joaquin ; the Fourteenth, of that portion of the City and County of San Francisco bounded and describeci as follows, to wit: Beginning at a point where Larkin street intersects the waters of the Bay of San Francisco; thence meandering along the shore of said bay, in an easterly and southeasterly direction, to the point where Market street intersects said bay ; thence along Market street to California street; thence along California street to Kearny street; thence along Kearny street to Vallejo street; thence along Vallejo street to Larkin street; thence along Larkin street to the waters of the Bay of San Francisco, the place of beginning. The Fifteenth, of that portion of the City and County of San Francisco bounded and described as follows, to wit: Beginning at the point where Larkin street intersects Vallejo street; tlience along Vallejo street to Kearny street; thence along 740 DEBATES AND PROCEEDINGS Tuesday, Kearny street to California street; thence along California street to Market street; thence along Market street to Kearny street; thence along Kearny street to Pine street; thence along Pine street to Larkin street; and thence along Larkin street to Vallejo street, the place of beginning. The Sixteenth, of that portion i)f the City and County of San Francisco bounded and described as follows, to wit : Beginning at the point where Franklin street intersects Pine street; thence along Pine street to Kearny street; thence along Kearny street to Market street; thence along Market street to Van Ness Avenue ; thence along Van Ness Avenue to Tyler street; thence along Tyler street to Gough street^ thence along Gough street to Geary street ; thence along Geary street to Franklin street; thence along Franklin street to Pine street, the place of beginning. The Seventeenth, of that portion of the City and County of San Francisco bounded and described as follows, to wit : Beginning at the point where Larkin street intersects the waters of the Bay of San Francisco; thence along Larkin street to Pine street; thence along Pine street to Franklin street; thence along Franklin street to Geary street; thence along Geary street to Gough street; thenSe along Gough street to Tyler street; thence along Tyler street to Van Ness Avenue; thence along Van Ness Avenue to Market street; thence along Market street to Ridley street; thence along Ridley street and said Ridley street produced in a direct line westerly to the Pacific Ocean; and thence meandering northerly and easterly along the waters of the Pacific Ocean and the Bay of San Francisco to Larkin street, the place of beginning. The Eight- eenth, of that portion of the City and County of San Francisco bounded and described as follows, to wit: Beginning at the point where Market street intersects the waters of the Bay of San Francisco; thence mean- dering along the waters of said bay to the point where Channel street intersects the waters of said bay; thence along Channel street to Seventh street; thence along Seventh street to Harrison street: thence along Harrison street to Second street; thence along Second street to Market street; and thence along Market street to the waters of the Bay of San Francisco, the place of beginning. The Nineteenth, of that portion of the City and County of San Francisco bounded and described as follows, to wit: Beginning at the point where Second street intersects Market street; thence along Second street to Harrison street; thence along Harrison street to Sixth street; thence along Sixth street to Market street; and thence along Market street to Second street, the place of beginning. The Twentieth, of all that portion of the City and County of San Francisco bounded and described as follows, to wit: Beginning at the point where Sixth street intersects Market street; thence along Sixth street to Harrison street; thence along Harrison street to Seventh Street; thence along Seventh street to Channel street; thence along Channel street to Harrison street; thence along Harrison street to Fi^ teenth street; thence along Fift^nth street to Howard street; thence along Howard street to Fourteenth street; thence along Fourteenth street to Mission street; thence along Mission street to Ridley street; thence along Ridley street to Market street; and thence along Market street to Sixth street, the place of beginning. The Twenty-first, of that portion of the City and County of San Francisco bounded and described as follows, to wit: Beginning at the point where Channel street inter- sects the Bay of San Francisco; thence along Channel Street to Harrison street; thence along Harrison street to Fifteenth street; thence along Fifleenth street to Howard street; thence along Howard street to Four- teenth street; thence along Fourteenth street to Mission street; thence along Mission street to Ridley street; thence along Ridley street and the line of Ridley street projected westerly to the Pacific Ocean; thence southerly along the Pacific Ocean to the southern boundary line of the City and County of San Francisco; thence along said southern boundary line to the Bay of San Francisco; and thence meandering along the waters of the Bay of San Francisco to Channel street, the place o£» begin- ning. The Twenty-second, of Oakland Township, County of Alameda. The Twenty-third, of all that portion of the County of Alameda exclu- sive of Oakland Township. Tne Twenty-fourth, of the County of Santa Clara. The Twenty-fifth, of the Counties of Merced, Mariposa, Stanis^ laus, and Tuolumne. The Twenty-sixth, of the Counties of Tulare, Inyo, Fresno, and Mono. The Twentv-seventh,of the Counties of Santa Cruz, San Mateo, and San Benito. The Twenty-eighth, of the Counties of Santa Barbara, San Luis Obispo, and Monterey. The Twenty-ninth, of the County of Los Angeles. The Thirtieth, of the Counties of San Bernardino, San Diego, Kern, and Ventura. Sec. 7. Each House shall choose its own officers, and judge of the qualifications, elections, and returns of its own members. Sro. 8. A majority of each House shall constitute a auonim to do business, but a smaller number may adjourn from day to aay, and may compel the attendance of absent members in such manner and under such penalties as each House may provide. Skc. 9. Each House shall determine the rule of its own proceeding, and may, with the concurrence of two thirds of all the n^embers elected, expel a member. Sec. 10. Each House shall keep a Journal of its own proceedings, and publish the same, and the yeas and nays of the members of either House, on any question, shall, at the desire of any three members present, be entered on the Journal. Sec 1 1 . Members of the Legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest, ana shall not bo subject to any civil process during the session of the Legislature, nor for fifteen days next belbre the commencement and atler the termination of each session. • Sec. 12. When a vacancv occurs in either House, from anv cause, during the session of the Legislature, the House in which said vacancy occurs shall proceed immediately to elect, from the constituency deprived of representation, a member to fill said vacancy for said session. If the Legislature is not in session at the time the vacancy occurs, the Governor, or the person exercising the functions of Governor, shall issue writs of election to fill such vacancy. Skc. 13. The doors of each House shall be open, except on such occa- sions as in the opinion of the House may require secrecy. Sec. 14. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. Skc. 15. No law shall be passed except by bill. Any bill may origi- nate in either House, but may be amended or rejected by the other, and on. the final passage of all bills, they shall be read at length, and the vote shall be by veas and nays upon each bill separately, and shall be entered on the Journal; and no bill shall become a law without the concurrence of a majority of the members elected to each House. Skc. 16. Every bill which may have passed the Legislature shall, before it becomes a law, be presented to the Governor. If he approve it, he shall sign it; but if not, he shall return it, with his objections, to the House in which it originated, which shall enter the same upon the Journal and proceed to reconsider it. If, after such reconsideration, it again pass both Houses, by yeas and nays, by a majority of two thirds of the members of each House, it shall become a law, notwithstanding the Governor's objection. If any bill shall not be returned within ten days after it shall nave been presented to him (Sundays excepted), the same shall become a law in like manner as if he had signed it, unless the Legislature, by adjournment, prevents such return, in which case it shall not become a law, unless the Governor, within ten days after such adjournment (Sundays excepted), shall sign and deposit the same in the office of the Secretary of State, in which case it shall become a law in like manner as if it had been signed by him before adjournment. If any bill presented to the Governor contains several items of appropria- tion of money, he may object to one or more items, while approving other portions of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he objects, and the reasons therefor, and the appropriation so objected to shall not take eflfect unless passed over the Governor's veto, as hereinbefore provided. If the Legislature be in session, the Governor shall transmit to tne House in which the bill originated a copy of such statement, and the items so objected to shall be separatelv reconsidered in the same manner as bills which have been disapproved by the Grovemor. Sec. 17. The Assembly shall have the sole power of impeachment, and all impeachments shall be tried by the Senate. When sitting for that purpose the Senators shall be upon oath or affirmation, and no per- son shall be convicted without the concurrence of two thirds of the mem- bers elected. Skc. 18. The Governor, Lieutenant-Grovernor, Secretary of State^ Controller, Treasurer, Attorney-General, Surveyor-General, Justice of the Supreme Court, and Judges of the Superior Courts, shall be liable to impeachment for any misdemeanor in office; but 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 punish- ment according to law. All other civil officers shall be tried for mis- demeanor in office in such manner as the Legislature may provide. Sec. 19. No Senator or member of Assembly shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have oeen created, or the emolu- ments of which have been increased during such term, except such offices as mav be filled by election by the people. Sec. 20. No person holding any lucrative office under the United States, or any other power, shall be eligible to any civil office of profit under this State; provided, that officers in the militia, to which there is attached no annual salary, or local officers, or Postmasters whose com- Sensation does not exceed five hundred dollara per annum, shall not be eemed lucrative. Skc. 21. No person who shall be convicted of the embezzlement or defalcation of the public funds of this State, or of any county or muni- cipality therein, shall ever be eligible to any office of honor, trust, or profit under this State, and the Legislature shall provide, by law, for the punishment of such embezzlement or defalcation as a felony. Sec. 22. No money shall bo drawn from the treasury but in conse- quence of appropriations made by law, and upon warrants duly drawn tnereon by the Controller; and no money shall ever be appropriated or drawn from the State treasury for the use or benefit of any corporation, association, asylum, hospital, or any other institution, not under the exclusive management and control of the State as a State institution, nor shall any grant or donation of property ever be made Thereto by the State. An accurate statement of the receipts and expenditures of public moneys shall be attached to and published with the laws at every regu- lar session of the Legislature. Skc. 23. The members of the Legislature shall receive for their ser- vices a compensation per diem, and mileage, to be fixed by law, and paid out of the public treasury; but no increase of the compensation shall take effect during the term for which the members of either House shall have been elected. Sec. 24. Every law enacted by the Legislature shall embrace bat one subject, which shall be expressed in the title, and 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. Sec. 25. The Legislature shall not pass local or special laws in any of the following enumerated cases, that is to say : First — Regulating the jurisdiction and duties of Justices of the Peace, Police Judges, and of Constables. Second — S'or the punishment of crimes and misdemeanors. Third — Regulating the practice of Courts of justice. Fourth — Providing for cuanging the venue in civil or criminal cases. Fifth — Granting divorces. iSfur^A— Changing the names of persons or places. Dec. 17, 1878. OF THE CONSTITUTIONAL CONVENTION. 741 Seventh — Vacating roads, town plata, streets, alleys, or public grounds not owned by the State. Eighth — Summoning and impaneling grand and petit juries, and pro- viding for their compensation. Ninth — Regulating county and township business, or the election of couDty and township officers. Tenth — For the assessment or collection of taxes. Eleventh — Providing for conducting elections, or designating the places of voting, except on the organization of new counties. TweJfUi — Affecting estates belonging to minors or other persons under legal disabilities. Thirteenth — Extendixig the time for the collection of taxes. Fourteenth — Giving effect to invalid deeds, wills, or other instruments. Fifteenth — Refund mg money paid into the State treasury. Sixteenth — Releasing or extinguishing, in whole or in part, the indebt- edness, liabilitv, or obligation of any corporation or person to this State, or to any municipal corporation therein. Seventeenth — Declaring any person of age, or authorizing any minor to sell, lease, or incumber his or her property. ^t^A^e^i/A— Legalizing, except as agamst the State, the unauthorized or invalid act of any officers. Nineteenth — Granting to any corporation, association, or individual any special or exclusive right, privilege, or immunity. Twentieth — Exempting property from taxation. Thpeniy-JSrst — Changing county seats. Ttoenty-seamd — Restoring to citizenship persons convicted of infamous crimes. Tvoenty-third — Regulating the rate of interest on money. Ticentf/-/ourth — Authorizing the creation, extension, or impairing of liens. 7\oenty-Jifth — Cliartering or licensing ferries, bridges, or roads. Twent^'Sirth — Remitting fines, penalties, or forfeitures. Twenfy-sevenih — Providing for the management of common schools. Twenty-eighth — Creating offices, or prescribing the powers and duties of officers in counties, cities, cities and counties, townships, election or school districts. Twenty-ninth — Affecting the fees or salary of any officer. Thirtieth — Changing the law of descent or succession. Thirty-Jlrst — Authorizing the adoption or legitimation of children. Thirty-second — Authorizmg the laying out, opening, altering, or main- taining roads, highways, streets, alleys, or public grounds. Thirty-third — For limitation of civil or criminal actions. Thirty-fourth — In all other cases where a general law can be made applicable, no local or special law shall be enacted. Sec. 26. The Legislature shall have no power to authorize lotteries or gill enterprises for any purpose, and shall pass laws to prohibit the sale of lotterv or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State. The Legislature shall pass laws to regulate or prohibit the buying and selling of the shares of the capital stock of corporations in any St^k Board, Stock Exchange, or stock mar- ket under the control of any association. All contracts for the sale of shares of the capital stock of anv corporation or association on margin, or t^ be delivered at a future day, shall be void, and any money paid on such contracts may be recovered by the party paying it by suit in any Court of competent jurisdiction. Sec. 27. When a Congressional District shall be* composed of two or more counties, it shall not be separated by any county belonging to another district. No county or city and county shall be divided in forming a Congressional District so as to attach one portion of a county oi city and county to another county or city and county ; but the Legis- lature may divide any countv or city and county into as many Con- gressional Districts as it may be entitled to by law. Sec. 28. The Legislature shall pass laws for the regulation and limit- ation of the charges for services performed and commodities furnished by corporations, and where laws shall provide for the selection of any person or officer to regulate and limit such rates, no such person or officer shall be selected by any corporation, and no person shall oe selected who is an officer or stockholder in any corporation. Sec. 29. Dues from corporations shall be secured by such individual liabilities of the corporators and other means as may be prescribed bv law. The property of corporations now existing, or' hereafter created, shall forever be subject to taxation, the same as the property of individ- uals, and the franchises of such corporations shall be assessed at their actual cash value, and taxed accordingly. Sec. 30. The term corporations, as used in this article, shall be con- strued to include all associations and joint stock companies having any of the powers or privileges of corporations not possessed by individuals or partnerships. And all corporations shall have the right to sue, and shall be subject to be sued in all Courts, in like cases as natural persons. Sec. 31. The Legislature shall have no power to pass any Act grant- ing any charter for banking purp^s, but associations may be formed under general laws for the deposit of gold and silver and other lawful money of the United States ; but no such association shall make, issue, or put in circulation any bill, check, ticket, certificate, promissory note, or other paper, or the paper of any bank, to circulate as money. Sec. 32. The Legislature of this State shall prohibit, by law, any person or persons, association, company, or corporation from exercising the privileges of banking or creating paper to circulate as money. Sec. 33. Each stockholder of a corporation or joint stock association shall be individually and personally liable for his proportion of all its debts and liabilities contracted or incurred while he was a stockholder, and the Trustees or Directors of such corporation or association, and each of them, shall be responsible, individually, for the misappropriation by the officers thereof or the funds or deposits of such corporation or asso- ciation. Sec. 34. It shall be the duty of the Legislature to provide, by gen- eral laws, for the organization of city, town, and county governments, and for assessing and collecting taxes for the support of the same ; pro- videdf that no city, city and county, town, or countyshall ever incur a debt which, together with existing indebtedness, shall exceed two per cent, of the assessed value of the property therein. Such value shall be ascertained from the assessment roll for State and county purposes made immediately previous to incurring such indebtedness; provided^ how- ever y that a city, city and county, town, or county may borrow money under and in accordance with the following conditions and limitations in addition to any other conditions and limitations contained in the Con- stitution, 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, Common Council, or local Legislature. Such resolution shall also distinctly spec- ify the single work or object for which the debt is to be created, and the amount of the debt authorized, and shall contain provisions for a sink- ing 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 resolution shall not take effect until it shall be ratified at an election held in said city, city and county, county, or town, at which no other matter is voted upon, and which shall be held within days after the passage of said order or resolution. The Leg- islature shall make such laws as may be necessary to provide for hold- ing such election and ascertaining tlie result thereof. Sbo. 35. In all elections by the Legislature the members thereof shall vote viva voce, and the votes shall be entered on the Journal. Sec. 36. The general appropriation bill shall contain no item or items of appropriation other than such as are required to pay the sala- ries of the State officers, the expenses of the government, and of the institutions under the exclusive control and management of the State. Sec. 37. Neither the Legislature, nor any county, city and county, township, school district, or other municipal corporation, shall ever make an appropriation, or pay from any public fund whatever, or grant anything to or in aid of any religious sect, church, creed, or sectarian Eurpose, or help to support or sustain any school, college, univeisitv, ospital, or other institution controlled by any religious creed, church, or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the State, or any city, city and county, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever. Sec 38. The Lep^islature shall have no power to give or to lend, or to authorize the giving or lending, of the credit of the State, or of any county, city and county, city, township, or other political corporation or subdivision of the State now existing, or that may be hereafter estab- lished, in aid of or to any person, association, or corporation, whether municipal or otherwise, or to pledge the credit thereof, in any manner whatever, for the payment of the liabilities of any individual, associa- tion, municipal, or other corporation whatever ; nor shall it have power to make any grant, or authorize the making of any grant, of any public money or thing of value to any individual, municipal, or other corpora- tion whatever; and it shall not have power to authorize the State, or any political subdivision thereof, to subscribe for stock, or to become a stockholder in any corporation whatever. Sec. 39. The Iiegislature shall have no power to grant, or authorize any county or municipal authority to grant any extra compensation or allowance to any public officer, agent, servant, or contractor, after seiir vice has been rendered, or a contract has been entered into and per- formed in whole or in part, nor to pay, or to authorize the payment of any claim hereafter created against tKe State, or any county or munici- pality of the State, under any agreement or contract made without express authority of law ; and all such unauthorized agreements or contracts shall be null and void. Sec. 40. The Legislature shall not ratify any amendment to the Constitution of the United States which may be proposed bv Congress, except such as shall have been proposed and published at least tuirty days next preceding the general election for members of the Legislature ratifying such amendment. Sec. 41. In case of a contested election in either branch of the Legis- lature only the claimant decided entitled to the seat shall receive from the State per diem compensation, or mileage. Sec. 42. In order that no inconvenience may result to the public service from the taking effect of this Constitution, no officer shall be suspended or superseded thereby, until the election and qualification of the several officers provided for in this Constitution. LEGISLATIVE DEPABTMENT. Mr. TERRY. Mr. President : I movethat the Convention now resolve itself into Committee of the Whole, the President in the chair, for the purpose of considering the report of the Committee on Legislative Department. Carried. IN COMMITTEE OF THE WHOLE. The CHAIRMAN. The Secretary will read section one. The secretary read : Section 1. The legislative power of this State shall be vested in a Senate and Assembly, which shall be designated the Legislature of the State of California, and the enacting clause of every law shall be as fol- lows : " The people of the State of California, represented in Senate and Assembly, do enact as follows." The chairman. If there be no amendment to section one, the Secretary will read section two. The secretary read : Sec. 2. The sessions of the Legislature shall be biennial, and shall commence on the first Monday after the first Tuesday in January next ensuing the election of its members, at twelve o'clock m., unless the Governor shall in the interim convene the Legislature by proclamation. DEBATES AND PROCEEDINGS r than lixtj daya, except the firat te Constitution, which mar continue eighty broducwd in either Uouw during the ' it the coDunt of (vo thirds of the mi a, resolution lo oflbr : g to hftTe vo are going (o lake awaj all . There wiU be only the necesatty foi of the Stale. Each eeesion of the Legis- md thirteen thouBood dallan. This will nsand dullars a 71 ' having onlj „ >ir tbeLegisIi Dce the political machinen' throughout lornlizing to the people— these frequent t lo nothing. The Governor could haye ire together at any time that lie should Id truaC them for four year«, when that of the Governor's term. The feelinga of he Legislature should only bo allowed t lly the people, when the Legialature ha [iety to have them adjourn. They are iea have really to be reprinted; and it inae of the jieople la represented in this that the Legislature shall only meet once Slate an immense amount, and I really whole country. Here it ia nut so unf- liticiaiis. 1 approve of the report of the very yei They a ing the Guvemor th> lan if he Icnowa of 1 in creation, where Ihi IB only a short tim< I find i . they are tired of these political the country are turning into politicians yea™ and be obliged lo go at some hon- g men are looking to jwlitjca as a means that one of my sons would carry a hod It office in the gift of this State. There- ing done to check this office hunting. ! you have the session quadrennial, how e election of the United Slates Senator? it could he done in some way, and that is hingup. Fer an amendment; to insert in section Constitution," the words "which may ! motion that the gentleman from Santa B that the committee riae for may con- iCt,W it Chairman: I move to amend by insert- Constitution," the words " which ma^ ;y daya." As the section is re|iorlcd it ue longer than aixty days, except the firat >B of Ihia Constitution, which mt esire to speak upon this subject, \ is adopted, and the Iiegislature is coa- i,anil it is incumbent upon them to frame te, they cannot do it intelligently and .hoy have one hundred and filly days. r loo short a time to say that thoy shall .nee with the new Cunstitution in eighty of attempting to frame even a Con.ilitu- le hunilred daya, and we have accnm- eems to me a moral impossibility to and therefore, why the restriction? It re convened after the adoption of this pled, should certainly have one hundred ' do ita work. There is no object in process so that the Legislature must be >rder to change the law. If a Legialo- 'peration this Const rk; let them eighty days. believe that any body of men can do the work neeevary to be di this Constitution be aciopted, in eighty days. Mk. brown. I second the amendment. Mb. O'DONNELt. Mr. Chairman : I have an amendment to Ths SECRETARY read: "The sessions of tho Legislature shall be quadrennial, and shall members, unless the Governor of Ibe State shall, in the interim vene a special aession by proclamation. Ko sesaion shall coi longer than one hundred and twenty davs." Ma. O'DONKELL. I offer that as a aubstitute. MB.JOnSSON. Mr. CL( lave been in favor of quadreiiniai sessions of the Lej i proposed lo make quite a reform in our Constitutii ._■_.!_ — '-- ' - '3 a]] of this local legislation, and to say that from the ith all that class of legisl tutional provision that will do So faraa the repoit of the coniiniiiee IS concemeu in mac qitvcl am fully in accord with it, but I think that the sessions of the U tura of this Stale should be quadrennial. I know in our own C Convention, which was largely attended, there being about one dred present, without being required to stand upon any platform, them all that I should favor quadrennial sessions ot tfae Legist and they knew the grounds upon which 1 ptood. Now it is said t anovelly. It occurs lo me that we have drawn very liberally froi Coustitutiona of other States, and I think it is nothing to our discn e have 1 better boily of men will be selected. I a. it the at c tin ■of tl ^Pre^idi :ial el 'or of hi Votini President would perhaps unnecessarily targe, and perhaps it would make Ibe honesty uf ei depend upon the suftVages of the people at any one election. But in favor of quoilrennial sessions of Ihe Legislature, commencing o fir^t Tuesday a^er the first ^londay !in November of next ycai every four years after. I think a goixi deal of lime is lost by h the session commence before the holidays, and therefore I am in of eo much of the report of the committee as says that tbey shall on the liret Monday after the fir^t Tuesilay in January. It will great saving to this State, anil I say that that constitutional itr should be baaed u|>on eoonomy. It is a move in Ihe right directioi I say that on economic grounds this should be favored. If we lim session to slity days, and eliminate alt this local legislation, and « the legislation to general mailers, I say that siity daya will be enough, and four vears frequent enough, and I believe that thai Bceonl with Ihe sentiment of the people of this SUte. Furlhermi any emergenev presents iLielf the Uovernor can call the Legis' together. There is no occasion lo have these biennial sessions. A uniformly at llrtt in all of the Slates the sessions were every year, they are mostly biennial. If we make the sessions quadrei ' ' Ii Ma. WICKES. Mr. Chairman; It seems to me there wo li tile difficulty in Ibeelectionof a United Slates Senator. I an: of biennial sessions, and of confining these sessions to short te leaving all local legislation to the county Boards of Supcrvison Mb. JOYCE. Mr. Chairman: I am very sorr^ to hear this i reform being raised here ogain. It seems to me this old penny wis pound foolisli ciy rises in this Convention very often. It seema that we cannot afford lo abolish the Legislature altogether and pli the hands of the Governor the whole power. Mb. white. Were vou elocted on a platform that favored sei once in fouryearsT Mb. JOYCE. No. air. Me, WHITE. Yea, you "were. Ms. JOYC& I believe there is a good deal of corporations ic I believe the people are hoodwinked- ' ■ '■ ■■ ■ ' '■■ better class of men selected, and the interests of tl Stale will be looked after better than they are at present n entirely in sympathy with the proposition to have qusdrc "S n formed they cc n for an abolition t ng will oppress the citiiena. We are here almost eighty days, and what wo done? I believe that the Slate of California is ground down t combined combination of corporations ; that it would take them at four or sin weeks of this siity days lo get through with the elect a Uuited Stales Senator, and before they could get what was nect to protect the people against the power of corporations that the days would i>e up. I do not Ijelieve that the people are so ground by the Legislature or dire<-t salaries of officers as what they are k monetary jobs and accumulated salariea of our officers. Thecontr of San Francisco rob the people of tbatcity and county more than whole public tax for the paying of public officers. Tliis we do n< a word about. We want lo tear down salaries and bring down n The corporate bodies of this State want to bringdown their officiah hey want lo show on the outside. I do not believe it can be do ■rippling the bands of our Legislature. I believe that our Legisli f It waa convened once a year, and then convened for ninety »uld do more. I am sorry to liear this cry from our side of the t would like lo know how many of these corrupt bills have ever 'cloed by the Governors of this State. I do not want to see this 11 Dec. 17, 1878. OP THE CONSTITUTIONAL CONVENTION. 743 in the fence where there is no nigger in the fence. I want no hood- winking on the ground of economy. Here those people tell us that it is almost impossible to find honest men for the position of legislators. The consistency of these arguments is beyond the knowledge of work- ingmen. The whole thing looks suspicious; at least it does to me. I have an amendment to offer, if it is in order, Mr. President. Thk secretary read : " Amend by inserting the words ' one hundred ' in line five, instead of the word ' sixty/ and insert the words ' one hundred and fifty/ in line six, instead of the word 'eighty.' Mr. bowling. I am sorry to hear men laboring under misappre- hension Mb. morel and. I suggest to the members of the Workingmen's party that they should " pool their issues.'' Mr. SMITU, of Santa Clara. Mr. Chairman : I have an amend- ment. Thi SECRETARY read : "Amend by inserting at the end of the fourth line, ' No session shall hare pay for a longer period than sixty days, except the first session called after the adoption of this Constitution.' '' REMARKS OF MR. LARKIN. Mr. LARKIN. Mr. Chairman: There are several amendments pending now. I expect to support this report. I believe it to be a good one — the best report that nas been made to this body, and as to the amendment pending — as to time, I think the true limit should be to limit the Dav and allow them to sit as long as they please. If the pro- visions ot this report are adopted there will be no necessity for about seven eighths of the bills that are now presented. I think the last ses- sion considered nine hundred and fifty bills, and not to exceed two hundred, I think, were general laws. I do not think after the adoption of this Constitution there will be any necessity for changing more than one hundred and fifty laws. I think it better to limit the amount paid than the time of the meeting. I think that five hundred dollars should be the limit for a term of the Legislature. I am in favor of the Leg- islature meeting every two years. Really, I would prefer the Legisla- ture should meet annually instead of every four years. I believe in bringing the Government as near to the people as possible. I do not believe in leaving it to the Governor. I tnink we propose to bring the representatives a little nearer to the people, so that the laws shall be a reflex of the people of this State. That is the policy of a republican government. The only change to be made in the Constitution, in my mind, is to limit the pay that they should receive at any general session of the Legislature. Mr. MARTIN, of Santa Cruz. Mr. Chairman: The people of my section are in favor of the Legislature meeting once m four years. In fact, they do not care if it never meets. They can get along without it. The CHAIRMAN. The question is on the motion to strike out " eighty," and insert " one hundred and fifty." REMARKS OF MR. BROWN. Mb. brown. Mr. Chairman : It does appear to me that this length of time will be considered none too great, taking into consideration the fact that there is a new starting point almost throughout, and that laws are to be made in accordance with the new Constitution, to suit its pecul- iarities; to suit its provisions throughout. It will require time; and unless there is given sufficient time to investigate, to consider, to weigh and balance the laws that are to be made, and to compare them with this great organic law that is now under consideration, it will be merely impossible in the short length of time to make laws which will answer the purpose. It does not require that there should be any lengthy argu- ment upon this subject. We must know at once that the work will be one of great magnitude, and that there should be no hurr^ in this matter in consequence of there being a narrow limitation of tune. We have seen the ill effects of this here in this body, and we would not wish this to be repeated when the Legislature meets for the purpose of making laws, in many respects different from any laws which we have had before, and which should correspond nicely with the Constitution now being made.* I am in favor of tne amendment. REMARKS OP MR. VAN DYKE. Mb. van DYKE. Mr. Chairman : I concur entirely with the gen- tleman from £1 Dorado, Mr. Larkin, in regard to limiting the pav instead of the time the Legislature may remain in session. They will be driven in the last few days to consider the most important legislation, and the result will be hasty and ill considered legislation. Now, if you limit the compensation you accomplish the whole purpose, and then let the terms be continued until the work is completed and completed prop- erly and in order. I was about to move to strike out all or the section from the word "in" in the fourth line, to the word "days" in the sixth line, to meet that object. REMARKS OF MR. CRRRT. Mb. TERRY. Mr. Chairman : There seems to be a great deal of dif- ference of opinion among the members in regard to this matter. I will say that the Committee on .Legislative Department arrived at the conclusion that sixty days session would be amply sufficient for all the purposes of legislation hereafter, and that that conclusion was arrived at from consideration of the fact that by changing the time of meeting until afUer the holidays, we had saved at least twenty days; because I believe that twenty days have been Vasted on account of the holidays and other ad^'ournments for a long time. Again, we have provided here such limits as in our iudgment will, if adopted by this Convention, put an end to special legislation ; and we all Know that at least two thirds of the time of former Legislatures has been consumed in such legislation as will be prohibited if this report is adopted. Sixty days is long enough for any Legislature to make necessary changes in general laws; and eighty days limit for the first session was that which was adopted in the committee, after some difference of opinion, and in my mind it is sufficient. I do not understand that it is necessary, because this Constitution is adopted', to have a new code of laws. I do not understand that the Constitution is going to repeal all our statutes, and do not see really that any more time will necessarily be consumed by the first session than any subsequent session of the Legislature ; and I can- not see why there will be any greater difficulty or any more time neces- sary for the first Legislature than in any subsequent session. It will be necessary to make some changes in the Code of Civil Procedure. The twenty days extra allowance is amply sufficient for that. I have no E articular pride of opinion about this report, but I think that the time ere is amply sufficient. I believe that it is proposed that the Legisla- ture should meet as often as once in two years, very large interests are confided to the executive officers of this State. They are to report to the Legislature, and two years is long enough between the examinations of the accounts of these receiving and dispensing agents, and ascertain- ing what has been done in the way of executing the laws and dispensing the money of the State. Great changes have been made and will be made which may render proper the readjustment of the rate of taxation. I think the sessions of the Legislature should be as often as once in two years. The suggestion made by the gentleman from £1 Dorado, Mr. Larkin, that it is to allow, instead of per diem, a gross sum to each member of the Legislature for the session ; that might, I say, render the sessions shorter than they would be otherwise. I think the report of the committee is proper and ought to be adopted. The CHAIRMAN. The question is on the adoption of the amend- ment offered by the gentleman from San Francisco, Mr. Beerstecher. The amendment was lost. The CHAIRMAN. The question recurs on the amendment ofiered by the gentleman from San Francisco, Mr. Joyce. The amendment was lost. The chairman. The question recurs on the amendment offered by the gentleman from Santa Clara, Mr. Smith. The Chair hears no second to the amendment. Mr. van dyke. I send up my amendment. The secretary read : "Amend by striking out in line four, from and including the word 'no/ down to and including the word 'days' in line six." Mr. van dyke. The purpose of that amendment is to strike out the limit on the session, and then when we reach the com|>ensation then to limit the compensation. The amendment was lost. Mr. smith, of Fourth District. Mr. Chairman : I offer an amend- ment. The secretary read : "Strike out the words 'which may continue eighty days/ and insert in same place ' for which members thereof shall not have pay for more than one hundred and twenty days.' " Mr. west. Mr. Chairman: Would that amendment be subject to amendment? If so I would move to strike out "one hundred and twenty " and insert "one hundred." I believe a majority of the Conven- tion will agree upon a session of one hundred days. Mb. smith, of Fourth District. I accept the amendment. Mr. INMAN. Mr. Chairman: I hope this Convention will make no change in this report. The Chairman has said sixty days is sufficient time. We are not going to pull to pieces the statutes of^the State nor the Codes. I hope that this Convention will put a veto upon all those propositions when they do not bring any good reason for them, and stand by not only this report, but the reports of all the committees. I hope there will be no more amendments offered. Mr. larkin. Mr. Chairman : I shall oppose the amendment unless it is to strike out the limit in regard to time. As the Convention is not willing to limit the pay instead of the time, I shall support the report of the committee. REMARKS OF MR. SMITH, OF FOURTH DISTRICT. Mr. smith, of Fourth District. Mr. Chairman : If the Legislature is not doing right, and there is outside support, it can very easily con- tinue without pay from the State, and I believe it is a thing that should be certain and fixed by law. It is uncertain how much new legislation will be required bv the first session. It is certain that there will be con- siderable. There is some new matter and some novel matter introduced already into this Constitution;* and it is certain that in addition to the ordinary business of legislation, and in addition to some change in the laws necessary, there would have to be considerable new legislation under the new Constitution, and we have already found that the Legis- lature has made a great mistake in limiting us to one hundred days. I do not know that we have committed any great offense against time. There has been, of course, some Httle delay, and I think we nave found here in our experience in this body, that the hundred days is a very short time. I think it would be Ijetter for the first session, inasmuch as it is uncertain how much would have to be done, to give them some more time, and a hundred days is little enough. They would require at least that much time, and they should have pay for that much time. If it should happen that a great deal more legislation should bo neces- sary, let them stay, as we stay, beyond the time without any pay. REMARKS OF MR. CAMPBELL. Mr. CAMPBELL. Mr. Chairman : I hope we shall not make the mistake to too much limiting the first session. The other is all right : but if gentlemen will reflect a moment they will see that there will necessarily be a great deal of legislation. In regard, for instance, to the subject of municipal corporations, we are going to take from the Legis- lature a large body of power, and it will be necessary to regulate munici^ ^ I PROCEEDINGS Tuesday, cbal plalfomii they were elected on, but this ConvetitioQ has every idmooition to reronn. I bop« that the committee will «trik« out that imitalioD in the Bocond par^iaph which provides that do seoion ihill » longer than lixty dflva, except the first Bcssion. Leave the lime ■nliraly indepeadent. and when we come to the flmounl of salsiy, not eave that to the Legislature. Such a question aa that ought not lo be eft to the Legislature unless the times change so fast, and the value of noney changes no fast, as to inahe it necessary lo leave it to the Legig- " noney is jfoing to depreciate, of Course, they ouglit to have • raise their pay; but I am in favor of striking out the limi- 0 time, and allow them in a future section five dollsrs a day jusiuess, what propriety is there in paying them five dollars a day when ;hey are doing nothing. 1 think, that in view of the burden of debt ,hat presses upon the people of the State that five dollars a dav is all Jiat should be paid. The cry Is that nohody but rich men' could wme. Any man can come for that. A gentleman here tells us that he lives for five dollars a week ; and five dollars a day is certainly a> much luxury as an v gentlemen has a right lo indulge in at the expense of the 9tate. If any gentleman chooses lo iudulge in more let him pay it tiimself. Blrike out these three lines, the fourth, fifth, and sixth, sod ivheu we come to a future part of the provisions pii( in a provisioa that they shall have five dollan a day, and in no case receive above live hundrwl dollars. I am in favor in the first place of striking that }ut and inserting nothing. Mb. McCALLDM. Mr. ChairmaD: The quection of compensation is not referred to at all in the report of the Committee on Legislative Department. In the committee that matter was discussed, and the majority of the committee were of the opinion (hat it was beneath the dignity of the Conslilulion lo fin the matter of compensation, which belonged exclusively lo the Legislature, and also for the further reason that the compcnsntion is fixed by law, and would continue, in the absence of anything in the Constitution to cha'nire it. As lo the time, Mr. Chairman, 1 must confess that my judgment has undergone some the main features of it. Since then we have acted upon aBiU of Eights, in which we have made many changes upon the subji ' ' ' juries, grand juries, and other suhjecta. and thus made Legislature. U|)on the subject of the Chinese, we have referred grand juries, and other suhjecta. and thus made work for the ^ ilure. U(>on the subject of the Chinese, we have referred much iportant business lo the Legislature. As lo revenue, there will b .mount of business at the firat session of the Legislature; and as to me matter of corporalions, which has been passed upon ao br ai the general committee on that subject has been concerned, gentlemen will notice that in this report of the Corainittee on Legislnlive Department there are some very iniporlsnl provisions there with regard to all other corporations not treated upon by the Committee on Corporations proper, which will reouire ver>- considerable business in the Legislature. It will be noticed there that by one section of the article on Legislative Department, the Legislature— unless it is otherwise provided, and it has not been, as we have passed corporations — has to provide for the fixing of the rates of all corporations. I maintain that this question of water rates which agitates a good many in this Convention wilt find its solu- tion, perhaps, in that section of the report ef the Committee on Legisla- tive Department. I have no doubt that the first session of the Legislature will require double the time, or nearly so, of any succeeding session. I know there has been a good deal of time wasted here. There have been some speeches unnecessarily long, and some speeches unnecessarily re- fiated, and yet it is true that this, as a deliberative body, has worked as ird, perhaps, and intelligently, as any that has ever assembled in the Slate. And yet it is now plain and palpable, that if we |>erforni our duty we will remain here a considerable time beyond the one hundred days, compensation or no compensation, to do our work faithfully. I do not know that one hundred and tweuty days, however, are requited ; but I do believe, in view of what bos transpired, and (he vast amount of business which has been referred to the Legislature — for I understand it means the first session of the Legislature, where we make a thing man- datory— there is a necessity for a longer time than specified. Therefore I shall vote for the amendment to strike out "eighty," and I shall ofier to strike out the word "eighty," in line six, and insert the words "one hundred." 1 think perhaps that may be acceptable as a compromiae. idred." I think perhaps that may be i jt the other sessions, I think sixty days i Now, Mr. Chairman, a word as to quadrennial sessions, and I have done. The argument presented on the question here was discussed in the com- mittee, and it hod considerable weight. We do not propose to tiy the experiment ami be the first Stale among men, and in the history of man- kind, lo make the sessions of the Legislature less frequent than once in ' ' - ' ' ' ..--...-..( propose to , ODl, in Ihr _ Tose to niaki <8 frequent than biennial, the less fre- Iuent they are made tlie less republican is the form of government. I o not believe, however, from the expressions I have heard, that it is profitable lo discuss these propositions which have so little support that there is no possibility or danger of their success. Mb. west. Mr, Chairman : I believe, sir, after reading the report of the Committee on the Legislative Department, that they have consid- ered this subject with ability. They have made an able report, and in the main, 1 am prepared to support the report ; but I hope it will not be considered treating Uie committee with any disrespect lo ofier or vot« for material amendments. Now, it is well known that the finit Legislature Dec. 17, 1878. OF THE CONSTITUTIONAL CONVENTION. 745 that meets under the new Constitution, if adopted — and I believe it will be adopted, for I believe we will make a gooa Constitution — ^will be the most important legislative body that was ever assembled in the State of California. It will be the most important deliberative body that ever met in California. I will not even except this Convention. While thev will not be called upon to make the new machine, they will be called upon to adapt the new machine to the State Government under the cir- cumstances occurring by the adoption of the new Constitution. As has been well remarked, the jury system will need a good deal of change if any amendment is adopted. The, question of revenue and taxation, and the State's finances will need a great deal of consideration, of careful examination and adjusting. The question of municipal corporations, which has been referred to, and especially that part in relation to county and township organizations, will rec[uire much legislation. All these subjects oommg up before the Legislature will require thought, will require study, and will require time for their proper adjustment. Therefore I hope that tne amendment will be adopted, striking out "eighty," and inserting "one hundred," in the sixth line. I am not one of those who believe, and I have not on any dbcasion claimed, that the Legislature of the several States are proverbially dishonest We expect to elect an honest Legislature, and we suppose that they will do their work carefullv and weu. I am opposed to restricting the pay. I believe that five dollars a day is enough, but I am in favor of a per diem and not in favor of a fixed salary. Whenever the time expires in which members receive pay, I have found in all legislative bodies of which I have had any acquaintance, there is a class of members that commence a system of discontent and demoralization, moving to adjourn and impeding the progress of legislation, and I have never been able to find any good worK done after the time has expired for which pay is allowed. Come down to old prices: give them a per diem, but give them a per diem as long as you allow their session to hold ,* and, if you confine them in any respect, confine the length of the session. There- fore I agree with the report, in confining the length of the session to sixty days for ordinary sessions, after the first meeting of the Legisla- ture, which I believe should have one hundred days. I believe that would be a proper length of time. Mr. ANDREWS. Mr. Chairman : If I am in order I would like to offer an amendment to strike out "eighty," in line six, and insert " one hundred." Thr chairman. The gentleman from Kern, Mr. Smith, has moved to strike out " which may continue eighty days," and insert in lieu thereof the words, " for which members thereof shall not have pay for more than one hundred days." Mr. ANDREWS. Mr. Chairman: I think that one hundred davsfor the first session is little enough. My idea is tliat one hundred and twenty days would be better than one hundred. Unless wo should have a much better legislative body than I have been associated with, one hundred and twenty days is little enough. Sixty days is too great a limitation. I think that eighty days is little enough. I do not believe that it is wise to drive our legislators, and I think sixty days would always drive them. I am in hopes that the committee will not Erovide that the first session after the adoption of the Constitution shall e less than one hundred days. Mr. WHITE. Mr. Chairman : If that amendment is adopted the pay will be for one hundred days only, and then they could go on just as we are now, without pay. Mr. LARKIN. Mr. Chairman : I cannot see why we should limit the time. Tlie Governor can call them together on the next morning. I am opposed to any limit. If it was necessary to continue the first ses- sion, the Governor could call an extra session the very next morning afler the time expired. Mr. BEERSTECHBR. Mr. Chairman: I move to amend, so as to read as follows: "There shall be no Legislature convened from and after the adoption of this Constitution, in this State, and any person who shall be guilty of suggesting that a Legislature be held, shall be punished as a felon without the l^nefit of clergy." Thr chairman. The gentleman's amendment is out of order. Mr. WEBSTER. Mr. Chairman : I have an amendment to offer. Thr secretary read : "Strike out all after the word 'proclamation,' in the fourth line, down to and including the word 'days,' in the sixth line, and insert as follows : * No pay shall be allowed to members for a longer period than sixty days, excepting the first session of the Legislature called after the adoption of this Constitution, they may be allowed pay for one hundred days.' " Mr. WEBSTER. Mr. Chairman: It occurs to me that it is doubtful policy to limit the time absolutely to any time whatever. I think that will remove the evil. If there is matter of great imporMnce before the Legislature, they should not be cut off from the enactment of good laws by a constitutional provision. By cutting off the pay after a certain time, they are not likely to stay longer than is absolutely necessary to enact the legislation which is before them. Mr. BEERSTECHER. Mr. Chairman : There is general complaint of the work of this Convention, that we are moving along too sK>wly, and any member of the Convention bein^ present and looking over the room, and noticing how little interest is taken, will say that it is no wonder that we are moving along slowly. No one pays any attention, and these matters are moving along in this way by reason of the indolence of the members, and it is their fault, and no one else's. I am in favor of the amendment offered by the gentleman from Alameda, Mr. Webster. The only objection that is urged is upon the plea of economy. It is said that the Legislature ought not to sit more than sixty, or more than eighty, days, because it costs too much, and the expenses ought to be r^uced. And as it is merely a plea of economy, I cannot see any objection to allowing the Legislature to sit just as long as it is necessary to continue in session, but limit the time for which 94 they are to receive pay. Now, that is the true theory. Give them pay for just so long, ana no longer, and, if necessary, allow them to continue in session. There is no objection to allowing them to continue in session. I believe that the laborer is worthy of his hire, and I believe in paying the legislator ten dollars a day for a certain number of days. I do not believe that the people will thank us for getting scrub mem- bers and giving them scruD pay, ' Mr. smith, of Fourth District Mr. Chairman: I think the gentle- man from San Francisco is mistaken in the matter of economy being the only question. It seems to me that the reason for short sessions is, that the longer the Legislature that is not doing good work is in session the more chance there is for evil. Now, there generally is a certain amount of work to be done. The effort of this Convention is to reduce that amount of work to general laws, and consequently to much less work. Now, if we have a session of the Legislature that intends to do evil, that session can continue and be paid from outside as long as it needs to, and the evil go on against the people. The policy has l^n in most of the States to r^uce the time of service. Let it be fixed by law, and shut down at the time that the work that is necessary to be done is finislied. Let them have no longer time than is necessary for the ordinary business. Mr. O'DONNELL. I call for the previous question. The chairman. The oommitt^ seems to be ready for a vote. The ?[uestion is on the adoption of the amendment offered by the gentleman rom Kern, Mr. Smith. - The amendment was lost Thk chairman. The question recurs on the amendment offered by the gentleman from Alameda, Mr. Webster. The amendment was adopted, on a division, by a vote of 68 ayes to 32 noes. Thr chairman. The question recurs on the amendment offered by the gentleman from San Francisco, Mr. O'Donnell. The amendment was lost. Mr. JOHNSON. Mr. Chairman: I move to strike out "biennial" and insert "quadrennial." Lost Thr chairman. If there are no more amendments to section two, the Secretary will read section three. MRMBKRS OF ASSEMBLY. The secretary read : Src. 3. The members of the Assembly shall be chosen biennially, by the qualified electors of their respective districts, on the first Tuesday after the first Monday in November, and their term of office shall be two years. Mr. WYATT. Mr. Chairman: I move to amend section three bv inserting afler the word "November," in the third line, the worcis " unless otherwise ordered by the Legislature." It is proposed now that one time of holding the election in every four years shall be upon the day of the Presidential election. That is now on the first Tuesday after the first Monday in November. That day of holding the Presidential election may be changed at any time, and the strong probabilities are that it will be changed before the session of this Convention closes. A bill has now passed the Senate of the United States changing the day of the Presidential election to the first Monday in October, with every prob- . ability that it will pass the House and become a law. If so, then it ought to be in the power of the Legislature to make the general election of this State conform to the law of Congress, and it ought to be flexible. I therefore think that this amendment ought to be inserted in this clause of the Constitution. The amendment was adopted. Mr. WHITE. Mr. Chairman : I would suggest that there should be am. exception made in regard to the first election. If this passes without excepting the first election, we will have to have a separate election for the election of members of Congress. Mr. van dyke. Mr. Chairman : I would suggest that that could be provided for by some provision in the schedule. A provision can be made in the schedule which will cover all the articles and all the sections. The CJIAIRMAN. The Secretary will read section four. TKRHS OP SENATORS. The secretary read : ^ Src. 4. Senators shall be chosen for the term of four years, at the same time and places as members of the Assembly, and no person shall be a member of^ the Senate or Assembly who has not been a citizen and inhabitant of the State, and of the district for which he shall be chosen, one year next before his election. Mr. WELLER. Mr. Chairman : I offer an amendment. The secretary read : " Insert in line three, so as to Aad, Who has been three years a citi- zen, and an inhabitant of the State and of the district for which he shall be chosen one year next preceding his election." Mr. LARKIN. Mr. Chairman : The question as to probation for persons to become citizens of the United States, or to possera all the 3ualifications of an elector, should precede his citizenship, and no con- ition should be made as to his qualifications to hold office. If a man is a citizen of the United States, he is a citizen, of course, and has all the rights of a native-bom, and the idea of declaring that he should live here three, or four, or five years to be entitled to hold office, I think is wrong. If we are not satisfied with the limit of time a man should reside here before he becomes a citizen, why amend the naturalization laws, but when a man is declared to be a citizen, a one year's residence in the State should be sufficient to entitle him to all the rights of the native-bom citizen. Mr. INMAN. Mr. Chairman: I hope the amendment will be DEBATES AND PROCEEDINGS lut the carpet-bajcgers. I do not care whether 'eigo-bom. I do Berioualj object to carpet- leir etTect in the Southem aisloa, and I hope idopt the amend meat. Ihainnsn : 1 think the gentleman from El rd to the ataendment. A person who has uot in one year cannot ba qunlifled — and cannot le people of this State— for the legislative and indiTiduale who have live sent ua in the Legislature. lirmaD : I do not think this haa anything at 1 citizens. We do not know anvEiod; but , and when they are once citiiens 1 reoogniie There might be a time when the people of I State may be willing, and glad, and aniioua a that hod lalelv come into their midat, and .^inst anch individuals, and e against this irman: Kow we are all convinced that when thing whatever to be done it is olwave very . or the individuals who do it should know derstand ite nature and comprehend it In its eftrings. For ioalauce, if a man la aick and , neceasary tbat that doctor should know "■ aease he is dealing w A palienU Well, I hold , . B that act to understand that they may act intelligently in the same, hat the men who live in the eaatern part of (and the perulrarities of Califomlaj they do know moreover that it takea some length of . We are fully aware even in (his Chiuese ire this body that they do not look upon use they have not lived here; because they ith the same circuinalancea; therefore it ia a em (o comprehend and act intelligently upon Is State, as we consider it, with due respect to me principle applies when we take into con- I State, and I am under the impression that been here two or three yeara, find at once ood the queslion. On the subject of farming, 1 the Eaat, and Ui hear them tslk you would ere knew nothing at all about farming, bi ' rk they find that tliey know nothing aboi it is carried on here, and are utterly incorr le. They positively need a schooling befoi ntelligently in this Bute. Theae are msttei 1 am fully convinced that a man who comi tend, until after a certain length of time, th :iple of this Btate. When he comes her^ it . may act intelligently, that he should undergo r peculiar institutions. I am utterly opposed being elected to the Legislature before the; ith the wants and needs of the people. airman : I believe that any gentleman ought le of thts SUito wish te send te the Legiala- nust undoi%tend the people in leas time than nend by at tout" ilrman: Now. if this ia a limitation to not make it for those who have been ippen lo ba one of that number. I t fthem, I think my friend Gorman is in a community are the best judges of the think you can 'trust the people (o elect their part of the State of California. I do not stitutional provision to prohibit them from I shall oppose the amendment, airman : I think that for a man to be sufli- > interests of the people three years is little Lct intelligently unless he haa that amount of I and passed the certain period when we can get along without such inexperienced talent, i enced talent among us. It is not doing any i It is actuallv for the benefit of the whole Btal suffer in many instances, when, if that law h would have hod individuals who were acquai who would have done ua good service in the 1 Ma. McCALLUM. Mr. Chairman: 1 wish committee te the fact that aection four in the i section five of the present Constitution. The; ever except in omitting the indefinite art " inhabitant." We do not propose any chang proposed any change at all — unless that wouT Section five of the present Constitution read- four of the article, if gentlemen will look i vote for any amendment except when an am< am opposed to it on principle anyhow. The of us come from increase rapidly in populalior of Alameda County has increased three- fold n great many pfople aft coming over from San be surprised if we had a larger city yet on the I do not propose to discourage the new comen ThiCIIAIBMAN. Thequeationiaon the gentleman from San Francisco. Mr. Corman. The amendment waa rejected. Thi chairman. The question recurs o by the genlleman from Santa Clara, Mr. Well The amendment was adopted, on a division sof than thirty years of age.'" Mb. NASON. I second the amendment. Ma. WHITE. I hope, gentlemen, that yo vouag men of this State in that way. ' Ma. EVEY. I do not consider men twentj I consider them young men ; men juat enten. more mature than boys under that age, and I will adopt that amendment. Ma. WIL50X, of First DistricL Mr. Cha gentlemen have said about legislative bodies, put these voung men in such Dad associations favor of the amendment. Ma-SIIURTLEFF. Mr. Chairman; If an tion of Aaeemblyman at twenty-five years of take five years more to make him competent lo me that it would be ridiculous. When He United States Senate he lacked a little of bei the Seuators that voted for Clay had to be thi yean older than required for the United Stal their brilliant young statesman a little before good reason for prescribing young men in Ihl people are the best judges sa to the qualificati Ma. TULLY. Mr. Chairman ; I hope this ■ any K why a if age, shouldn't be eligible to office. I know many young men less than who know more than some men of filly, am in the Legislature. I think it would be an oi Mb. HARRISON. Mr. Chairman; ArticI menti to the Constitution of the United Slates i naturalised in the United Stales, and aubject are citizens of the United States and of the ( No State shall make or enforce any law whu ileges or immunitiea of ciliiens oi the Uni amendment is in conflict with the Constitutic Ma. ROLFE. Mr. Chairman : I offer an Tm SECRETARY i«Bd : "Amend the amendment so as to read as the Senate and Assembly shall not be leas *^a. ROLPE. Mr. Chairman"; I offer thi have already incorporated in the Constitutiot years of age may l>e Governor, and I think thi old enough to be Governor ia certainly qualifi flge of members of the legislative bodiesof U grntlcmau from San Francisco when he said i admitting these young men into such bad oa are generally composed of. I hope that thi years as to both branches of the Legislature, Mb. BROWN. Mr. Chairman; lam oppoi I can see no propriety whatever in them; opinion that if the people conclude that an tent, and Ibey wish to send him to the Legi the right of doing so. I do not believe that i " Mb."e™EY?' Vai^pt the amendment of Bernardino, Mr, Rolfe. Me. 8TEDMAN. Mr. Chairman : I deair. the amendment, and T do this on behalf of lb Thi SECRETARY read : " Add to the amendment, ■ And not over fo Mb. BEERSTECHER. Mr. Chairman ; I Dec. 17, 1878. OF THE CONSTITUTIONAL CONVENTION. 747 tnent p^ Mr. Btedman. I hope jou will all vote for it. I hope that the old men will be allowed to protect themselves against the encroach- ments of the youths. I can further say to the facetious gentleman from San Francisco that I do not think he will ever fall into the Senate unless he is elected from some place where he is not known. Mr. WELLER. Some gentlemen are more popular where they are not known. Thk chairman. The question is on the amendment offered by the gentleman from San Francisco, Mr. Stedman. The amendment was rejected.. Thr chairman. The question occurs on the amendment offered by Mr. Evey. The amendment was lost, on fii division, by a vote of 53 ayes to 60 noes. Thk chairman. If there are no further amendments to section four, the Secretary will read section five. Thi secretary read: Sec. 5. The Senate shall consist of thirty members and the Assem- bly of sixty members, to be elected by districts as hereinafter provided. The seats of the fifteen Senators from the odd numbered districts, chosen at the first election under this Constitution, shall be vacated at the expiration of the second year, so that one half of the Senate, after the first election, shall be chosen every two years. Mb. BARRY. Mr. Chairman : I offer section six of the old Consti- tution as a substitute for section five. The SECRETARY read: ''The number of Senators shall not be less than one third, nor more than one half, of that of the members of the Assembly; and at the first session of the Legislature after this section takes effect, the Sena- tors shall be divided by lot, as equally as may be, into two classes. The seats of the Senators of the first class shall be vacated at the expiration of the second year, so that one half shall be chosen biennally." Mr. AYERS. I have an amendment to offer. The secretary read : "Insert in line one the word 'forty,' in place of the word 'thirty,' and in line two the word 'eighty,' instead of 'sixty.'" The chairman. The question is on the adoption of the amend- ment of the gentleman from Los Angeles, Mr. Ayers. REMARKS OF MR. AYERS. Mb. ayers. Mr. Chainnan: I offer that amendment for the reason that I do not believe that the number of representatives should be reduced as proposed in this report. I believe in a representation by large bodies of the people, and I think that this Convention has shown that the interests of the people are safer in large bodies than the^ are in the hands of small ones. If we adopt the amendment which I have offered the people of this State will continue to be represented as equally as they can in all their districts. I hope that the amendment will prevail, for I do not believe that the change recommended by the committee is one that will work well for the State. REMARKS OF MR. 8HURTLRF/. Mr. SHURTLEFF. Mr. Chairman : I hope that The representation will stand as in the present Constitution. I think this proposition of the committee would be very unjust to the sparsely settled portions of the State. They may complain as it is. This is the second State in area in the Union. It has all the climates that can be found between the great lakes in the north and the Gulf of Mexico in the south. A Sen- ator or representative should know all about the district that he rep- resents— tne climate, the productions, and everything pertaining to its interests. Under this apportionment you will find a district composed of the Counties of Del Norte, Siskiyou, Modoc, Lassen, Shasta, and Trinity— twenty-three thousand s(]^uare miles; larger than two or three of the Eastern States. Another district, composed of the Counties of San Bernardino, San Diego, Kern, and Ventura, contains an area of over forty-eight thousand square miles; an area that is greater than the S'eat State of New York; greater than the States of Pennsylvania, and hio, and Massachusetts combined. Now for a Senator alone and two Assemblymen to represent that immense area,'is a matter of impossibil- ity. Our Senators m Congress and our Representatives have sometimes failed to know our wants from a want 6i knowledge of the State. I recollect a little over twenty years ago, while I resided at Shasta, a well known citizen of that town met a distinguished Senator from this State, and said to him, '* We should like to see you up at Shasta." This was in the month of June. The Senator replied : " I should take great pleasure in meeting my constituents in Shasta, but I could not go there now. I think next September I will make you a visit. About that time the snow will be off and I will make you a visit." Those who know the climate of that place will appreciate the circumstance. I hope, there- fore, that there will be no cutting down of representation. I tnink it is nece»ary that the popular branch of the Legislature shotild consist of at least eighty members. REMARKS OF MR. LARKIN. Mr. LARKIN. Mr. Chairman: I agree with the gentleman from Shasta in the main, in relation to the question of representation. I am in favor of this State being divided into Senate districts according to population, but everv county in this State should have a representation m the Assembly. The interests of the State demand it. I mean that every county should have a representative in the house. I am in favor of increasing the number, and fixing the number at such a number that each county in the State shall have a representative. My friend Dun- lap suggests that one hundred and twelve will give one to each county, and sixty to be divided among the more populous counties. The reduc- tion proposed by this committee would really disfranchise a majority of the people of this State. They would be compelled to vote for men that even the oldest inhabitant had never met. There would be no responsi- bility to stand up and protect any particular constituency. His con- stituency would be scattered over too much territory ; and you might as well not allow them any representation, unless you allow them to select such men as will represent their interests and their views and look after their welfare. The only argument is economy. If it is economy, you had better do away with the Legislature entirely. Second, that they will get better men. Both of these propositions are not tenable. The only idea of selecting men to represent them should be to select such men as those that belong to the community; that know their wishes; that will come here representing, the great interests of those who send them, and to do that they should be known in the community ; and no man should be allowed to vote for more than one representative. That representative should have a constituency who could approach him. When he returns to them« he could return to a constituency and give an account of his acts. But the policy as foreshadowed in this report, in part, of dividing the State simply into Senate districts and selecting two in the district, I do not approve of. I approve of dividing the State into Senate districts, and then dividing these districts into Assembly districts — two Assembly districts in each Senatorial district. I believe it would be better that each Senate district have three Assembly districts, so that every county, even the little County of Alpine, should have a representative. Every county in the State should be recognized in a representative upon this floor. If a county is too small, disincorporate it. If they are too small for representation, provide for their combina- tion with other counties. Give each county a representative; then you will have a representation that will have the interests of the whole people of the State at heart. REMARKS OP MR. WHITE. Mr. white. Mr. Chairman : I hope that the report of the com- mittee will be supported, and that we will do something to correspond with the wishes of the people in regard to economy. The gentleman forgets that we are about to do away with all the special legislation. What is the use of each county being specially represented here. Of course, the district ought to be represented. I will ask you, sir, in this Convention, are we not satisfied with six men to do all our legislation in Congress? Six men doit all, and you say here that sixty men in this house and thirty in the other is not sufficient to know the wants of the State, as regards these bills of general import, for there will be no special bills after this Constitution is adopted. I hope thai the gentleman will do something to respond to the call of the people for economy. This report of the committee will save the people of the State of California about forty thousand dollars, as I have estimated, and something ought to be done to respond to the wishes of the people I am opposed to tnis idea of creating more politicians and men striving for office, and increas- ing it in all these sort of ways. I trust and hope that this Convention will see the necessity of standing by the report of the committee on that subject. There will be plenty of men here, and I know that sixty men, or, in fact, a less number, could come here and pass such general laws as are needed, and they will do it faster and better than if the bodies were larger. The consideration that special legislation is to be taken out of the Legislature, in my opinion takes away all the force of the argument that every county should have a representative on this floor. All that we want is that the whole people should be fairly represented, and that they should net be crowded, so as to do business with too ^reat rapidity. I trust that you will sustain the report of the committee in that regaixl. REMARKS OF MR. BARRT. Mr. BARRY. Mr. Chairman : I offered section six of the old Consti- tution because I believe that as it exists in that respect it is far better than the section reported by the committee. I am satisfied, so far as I have the honor of representing — at least I feel satisfied in my own mind — that they have a representation as it now stands. I believe that it would be better for the interests of the people of the State that the representation should be as it is now ; that eighty members of the Assem- bly and forty members of the Senate can and will do the work more to the people's interest than a less number. And as regards the objection made by the gentleman from Santa Cruz, I will say tnat I do not think there is any force in it. I do not think there is any gentleman who may advocate this matter that has any desire to accomplish his own political purposes. I do not think that is the object. It is not that more men shall have opportunities of filling legislative positions, but that we shall be represented, and we desire to be represented. It is said that there is a great deal of dissatisfaction, and I believe that if this remains a? it is now there will be more dissatisfaction among the people. I think it should stand as it is in the old Constitution. The people of the coun- ties generally desire to have one representative. They do not have that now, but I think if the Constitution is allowed to stand as it is now, that it would be very satisfactory to the people of the State. I believe that it is not one of the changes demanded, and I think this Convention should not tamper with it. Mr. O'DONNELL. Mr. Chairman : I move that the committee rise, report progress, and ask leave to sit again. Carried. IN CONVENTION. The PRESIDENT. Gentlemen : The Committee of the Whole have instructed me to report they have had under consideration the report of the Committee on Legislative Department, have made progress, and ask leave to sit again. The Convention took the usual recess until two o'clock f. m. AFTERNOON SESSION. The Convention reassembled at two o'clock p. m. President Hoge in the chair. Roll called and quorum present. 5 « .J DEBATES AND PROCEEDINGS that this whole matter be iodeli- ig that the whole matter be indefi- 'reeident; The reaaon I make tbis motion i) st eipired for which we were elected, and it i ce bera is large enough, and aveo if wo had robably got along faster. New menibera com render very little auistanee, and might he n DOW seem to have got into concord, and I eee lOned, and that no more time will be cooaunled resident : I could not hear all that tbe gentle- bis eeat said, but 1 understood him to make i stpone this matter. And he seemed to take the jnd of oi proceedings, lo fill these vacanciea. Now very reasonable lo us, but b; wa^ of starting luld bb; that when the body of tliu deceased itrong, was taken down to Merced City, tbe n the citiieus in those counties was this: I' ' ming to Mr. Strong would go lohis widow, , it appeared lo be the idea that they would itative upon this floor. In this way they v - Mr. Howard has oome here to demaud »me as an office seeker, hut he comes h. , s of the people of Iboae two couuties. We find natures imm the town of Mariposa, incli County Judge, District Attorney, and al All the principal men there are demanding his tbia floor. Everv class of cKlzene there, from nanding this at tbe handa of tbia Convention. in Merced it is the same thing. Then, again, m in all that pert of the couulry have recom- . will be urged by any of you, that the people ve not the right to be represented by a local iy if they demand It. It Is a right that we vithout doing them great Injustice. They say it^. They have sent their petitions and thcii demand anything that ia contrary lo law, oi nable. True, gentlemen may get up here ant s are almost ended, and that one man will uoi; tber one wa^ or the other. We do not know wblob they have a right lo by law, we are acl- egality. We are acting unjustlv. There is nol ,ot comprehend that fact. ided that we can get along and act as we please; il tblng, and that it is entirely optional with the impression that this bore gentleman in thlabod^ prepared to set them- such a mandaloiy provision aa that, in' view of littance? Will you ignore their lawful demands, >n? la it right? Can you say this law shall rerour actions! No, gentlemen, we must obey . seat upon the floor of this Convention, hairman : I oOer an uneodment, to be added to Mb. BARNEf oter ia a repres Mr. JOSkS rehants, fsni . in tbe two that the best p by that th i.the n 9l reputable ( ''b^i I wial or InRuence in tbe community. II housand nien whom a partieular in underelood t' There has nol been an effu turea. We all know how who have no particular al easier lo produce the nami vidual might not be able to identify than to get the names of fifty n who are well known at home and abroad. I have looked over the nai here, and I see they are names of men wbo could nol be induced to their handa lo a petition that did not fully accord with tbeir aenlimei Many of them are men that would as soon set their names to a pron sory note as U> sign a request of this sort, unless that request meets tt own personal approbation. Public officers are no better than anyb< else, but they are representative men, who have received a iiul indorsement there. The District Judge, Ihe County Judge, She: District Attorney, and all that class of men are Ui be seen here. Ant Mereed County the petition Is signed by the County Judge, SheriBT, i other county officers, and the lawyers practicing in the Courta. I signed by miners, merchants, farmers, and laboring men — men thf know stand well in the community. Now, sir, these people make tbiarcqueet; IdonotmakeiL 1 did even know that il was lo be made. There had been something said hod received some notice from one gentlemon in Merced County make a clean breast of it, I told him that he wan a well known Rep lican there, and that. In my judgment, it would be tbe sense of Convention that the vacancy sbould be filled by a perwm wbo mighi the choice of the people, of the same politics as the deceased mem and actingoD that intimation, his name was withdrawn. 1 then recej theae papers. Tboy came from Mariposa and Merced, and 1 deem It duty to urge the wishes of those people manifested in this emph Dec. 17, 1878. OF THE CONSTITUTIONAL CONVENTION. 749 manner, upon this Convention, and to aak the Convention if they intend to set at naught the clearly expressed desire of the people of that district whose representative is deceased. If this Convention thinks there is a necessity for so disregarding the wishes of that people, they will of course do so; but I am utterly unable to see upon what grounds it can be done. It is said that we are near the close of the session. Who is it that knows th»t? i would thank God if I had any means of arriving at that conclusion that we are nearing the close of the session. We intend to do our duty here as well as we are ^able to do it, and if we do, I say that there is nothing to indicate to me that we are nearing the close of the session. We are near the close of the time provided by law, near the close of the time for which the law provides that we are to receive pay. The money provided for paying us is well nigh exhausted, but that does not militate against the people in any district, or against their right to send a representative here, who shall take the same chances as to pay as the rest of the members of this Convention. All I ask of this Convention is to respect the wishes and the demands of the people of these two counties, and allow the man whom they have sent here to take his seat. It is their right, and I cannot see any possible grounds upon which they can be aenied. The place has become vacant bv death, and the law plainly provides how such vacancies shall be filled. I hope there will be no attempt made to thwart the desires of these people, because I say it is the manifest desire that this vacancy be filled. It is plain that there is no money in it, and that is all the better, because it shows that there is no selfish interest in it. I trust that there will be no attempt made to thwart their wishes. I deem it to be their right, and I will maintain that right as well as I am able, and I shall be very much surprised if this Convention shall fail to recognize that right SPEECH OF MR. BARNES. Mr. BARNES. Mr. President: I understand the gentleman to sav that this petition is signed by one hundred and thirty-seven and a half men [laughter] of these counties. The vote of those two counties is two thousand two hundred and eighty. Xow we all know how easy it is for anybody to get a recommendation or a protest signed. I have' no objection to the gentleman, and I do not know of any objection to him ; but we all know how easy it is to get up these petitions. I remember a petition was circulated in New York, among the congregation of a noted divine, asking that the minister be hung as a public nuisance, and a miyority of the congregation signed it. Anybody will si^ a petition. I sign them here every day, and I presume members of this Convention have signed petitions for pardons. Petitions g9 for nothing. Now the committees of this body have done their work, and we are now engaged in considering their work. Now what is the use at this time of going into an election and taking up the time of this body, to bring in men who can be of no service whatever? We have counsel enough. We have one hundred and forty-eight orators besides myself, and there is little time left in which to do the work. The public does not need it. The counties do not need it. Judge Jones himself is fully able ti> represent that district and the counties composing it. I hope the motion will prevail. He says we must do it because the law says so. All that means is that if a vacancy occurs there shall not be an election by the*T>eople. I would dislike very much to be the man to take the sad memorials from the desks of either Mr. Kenny or Mr. Strong. I would hate to be the man to remove the crape from those desks. Let us keep these seats as a reminder of what is coming for all. of us, and let the lesson of death stand in this body as it has stood, hoping that thoae who occupied those seats are now members of that great conven- tion above. SPEBOH OF ME. TERET. Mr. terry. Mr. President: If I believed this to be a matter which the Convention might settle according to its own will, I w;ould support this motion. But we have the application of the people of this district,- and it is the duty of this Convention to comply with their demands and give them a representative here, and I do not propose to shirk that duty. The statute under which this Convention was called provides that in case of vacancy occurring by death or otherwise, the Convention shall fill the same. It is as mandatory as any other pro- vision in that law. It is our plain duty to fill these vacancies, and as far as consuming the time is concerned, more time has been wasted in arguing this matter than would have been required to fill the vacan- cies, which the people of Mariposa and Merced demand, and which is their right. The law gave to these two counties a representative, and they are without a representative here. Judge Jones is not a rep- resentative of these two counties. He represents a district composed of three counties. He does not appear here to represent that district, and if ^ did, they are entitled to all the representation which the law allows them. The people have a right to demand it. I place no imjportance upon the names of one hundred and thirty-seven and a half men. If any one man demands to be represented, he has a right to it. If an election had been called, and only five or six men had voted at that election, the candidate receiving three votes out of the five would be eiflitled to his seat here just as much as if he had received a maiority of all the votes in the district. Now this is not a matter which this Convention has a right to dispose of according to its own whim. The people are entitled to a representative, and if they come here and demand it at our hands, we have but one thing to do, and that is to comply with their demands. We have no right m the world to refuse it. ^ SPEECH OF MR. STEELE. Mr. STEELE. Mr. President: Before I made this motion the gen- tleman from San Joaquin was in favor of indefinite postponement, or so I understood him at least. He seems to have changed his mind about the matter. What has come over the spirit of his dreams I do not know. I certainly do not wish to disfranchise the people of San Francisco, or the people of Mariposa and Merced, if it is demanded. But now the session is near its close; the committees h&ve all reported, and what is the benefit of a man coming in at this late day, who is not at all conversant with the business before this Convention. Not only that, but we see that the election of these men will be very apt to breed dis- cord. There is already an element of discord here. There are hardly jten members on the &oor of this Convention who think alike. We have a very short time in which to complete our workj let us go to work and do it. We have had already too much dilly-dallying, and why intro- duce another element of discord. I am in favor of going to work. We know how little we have done, and how much remains yet to be done, and we know, too, that no injury will be done to this district by refusing to elect this man. They certainly have representatives enough on this floor to look out for and protect their interest. I do not think anybody or any interest will suffer. I think it would be greatly to their advan- tage, and to the advantage of the State, for us to drop this matter and go to work. I hope the motion will prevail. THE PREVIOUS QUESTION. Mr. HOWARD, of Los Angeles. I move the previous question. The motion was seconded by Messrs. Brown, Ayers, West, and Wyatt. The PRESIDENT. The question is, Shall the main question be now put? Caigried. Mr. WHITE. I call for the ayes and noes. Seconded by Messrs. Brown, West, Wyatt, and Steele. The president. The Secretary will call the roll. The roll was called, and the motion to indefinitely postpone pre- vailed by the following vote : ATES. Barbour, Harrison, Schomp, Barnes, Harvey, Shafter, Barry, Herold, Smith, of Santa Clara, Barton, Hitchcock, Smith, of 4th District, Beerstecher, Huestis, Smith, of San Francisco.. Belcher, Hughey, Soule, Bell, In man, Steele,. Biggs, Jones, Stevenson, Boggs, Joyce, Kleine, Stuart, Burt, Sweasey, Campbell, Lindow, Thompson, Chapman, Martin, of Santa Cruz, Townsend, Charles, McCallum, Tuttle, Condon, MpConnell, Vacquerel, Cowden, Morse, Van Dyke, Davis, Nason, Van Voorhies, Dowling, Nelson, Webster, Doyle, Neunaber, Weller, Dudley, of Solano, O'Donnell, Wellin, Estee, Ohleyer,. West, Estey, Overton, Wickes, Farrell, Porter, White, Filcher, Prouty, Wilson, of Tehama, Freud, Reed, Wilson, of 1st District, Grace, Reynolds, Winans, Gregg, Rhodes, Ayers, Wyatt— 82. Hale, Ringgold, Rolfe, M0E8. Andrews, Hilbom, McNutt, Blackmer, Holmes, Moffat, Brown, Howard, Moreland, Caples, Hunter, Reddy, Cross, Johnson, Shoemaker, Crouch, Kelley, Shurtlefif, Dunlapi Keyes, Stedman, Evey, T^mpson, Swenson, Freeman, Larkm, Terry, Garvey, Larue, Tully, Glascock, Lewis, Turner, Gorman, Mansfield, Walker, of Tuolumne, Heiskell, McCoy, Mr. President— 39. NOTICE OF RECONSIDERATION. Mr. JONES. Mr. President : I changed my vote for the purpose of moving a reconsideration. I now give notice that on to-morrow, at two o'clock p. M., I will move to reconsider the vote by which this matter was indefinitely postponed. LEGISLATIVE DEPARTMENT — LEGISLATIVE DISTRICTS. Mr. terry. I move that the Convention resolve itself into Com- mittee of the Whole, the President in the chair, for the purpose of further considering the report of the Committee on Legislative Department. Carried. IN COMMITTEE OF THE WHOLE. The CHAIRMAN. Section five and amendments are under consid- eration. The first question is on the amendment proposed by the gen- tleman from Los Angeles, Mr. Ayers, to insert " forty" in place of "thirty," and "eighty" in place of "sixty." Mr. KELLY. Mr. Chairman : I offer an amendment to the section, which I send up. The SECRETARY read the amendment : " Amend so as to read: 'The Senate shall consist of forty members DEBATES AN0 PROCEEDINGS »nd tbe and Aaaemblv tJigtrtcU; each couiily Bhull be entitled to nt leaaC The chairman. The queetion is ( man from Loa Angeies, Mr. Ayere, to slnMB oui and strike out sixty and iasert eighty. DiviBJon »as culled for, and tbe commitl«e, gijea to .to noes, adopted the amendraent. The chairman. The qiiealion is on thf tnent of tbe genlleman from Yulo, Mr. Kelley. hereinafler to shall have power to rarm Senatorial inning Assembly districts ty a standing vol* of ?3 I adoption of tbe amend- Mr. REYNOLDS. Mr. Cbairman : I feelaesure as I ever feltof anr- tbiugio my life, that the Commitleeof the Whole bns voted inadverteuth in adopting tbe amendment that has just been adopted to section Ave. 11 will be discovered, by readingthiareportthrough with all the difierentsee- tiona, that the scheme for thirty Senators and sixty Aaaemblymen isacom- promise, as it was, in bet, inthe committee — i>r partly a compromise inth( committee — where there, were man* conflicting opinions concerning the structure and memberahip of the Legislatura — concerning the number that it should consist or, tbe length of the sessions, and the per diem of members, apportionment, and ell things and all matters connected iritji the structure of the Legislature. This scheme of reducing the □umber of Senators to thirty, and the number of Assemblymen to sixty, was a part of that compromise, and a great many considerations entered into it. The chief feature of it was the cutting off of special legislation ; and turning to section twenty-fiveof the report, and comparing that with the present Constitution, it will be discovered that seven eighths of the legislation of the present day is by section twenty-five prohibited. This section provides that the Legistoture shall not pass any local or special laws, in the coses therein enumerated. Tills has greatly reduced the labors of the Legislature, an{l also lessened the necessity of lis represen- tative eharaeler, as urged by a gentleman this morning. This report, taken ae a whole, is designed to reduce the Legislature more lolhechar- aeterof a Constitutional Convention. It is designed to reduce its labors, so that they will be confined almost entirely to the perfecting of the Codes; to deprive it of the power of frittering away the people's money, to prevent jobbery, and lo blot out of existence the lobby, and to reduce the Legislature to something like a fundamental body, or general Legis- lature, BO that nearly every Act, except the appropriation bills for carrying on the Government, will be ill one or the other of the Codes, in the shape of amendments to the Political, Civil, or Penal Codes, or tbe Code of Civil Procedure. And to this all legislation is tending at the present day. To this all the more recent Constitutions tend, that is, all those that have been adopted within the past ten or fifteen j-eara ; and the Committee on Legislative Department was unanimous, without a dii- eentiiig voice, in favor of the proposition that this Cronvention should ' of the proposition that this ground upon that question, and deprii o pass such laws, I allude to this bi lich entered into the compromise "' ■ n and reportcl hack sf "' " islature of the power to pi one of the considerations the committee reached a c viding for thirty members of the Senate, and sixty Assemblyt Mow, sir, I feci sure that the members of Ibis body hare not fully considered all of these q verieiitlif when they voted lo restori it they vol«l ■T Legislature, instead of y Senators and sixty Assemblymen, because they red all these questions, and all Ihd difleront bearings this matter boa upon the structure of the Legislature,- as the committee considered it, before tliey arrived at a conclusion. And that is why I was sorry to see the vote taken so hastily upon the amendment, f that vole was taken I have talked witli the Chairman, and he so- sought to catch the Chairman's eye before the vote was taken, in > to j>lace this whole matter squarely before the Convention, but he i a Iftilure of it, and the vole was taken before he had an opportuni speak. I would like to sec that vote reconsidered, so that the v •idet«d. The committee, as I said before, agreed u] and thay succeeded in compromi ' some of which are not embodied h nimouely. ando They preferred to take this a ratucr man lo oring in any minority report, which would indi on. It seems to me now that it would be better for the Convt... reconsider the amendment that has been adopted ami allow the ections which have a bearing upon this section to be discussed QSidered in connection with this. We do not want to act hastily matter. We cannot afford lo act hastily. We do not want to increase the number to forty and eighty, and then go on and act upon the balance of this report. We mi^ht as well strike out the rest of thit report and substitute the old Conslitution. This section has an impor- tant bearing upon the balance of the report — the time of the Legislature, tlie per diem of members, etc.— and we have found, sir, in the expe- rience of this Convention, that ponderous bodies are incapable of trans- acting business with dispatch. It is not the fault of this Convention that we have sat here for almost one hundred days and accomplished nothing. It is not tbe fault of this Convention; it is the fault of "- structure. It is composed of so many men that it is impossible to exi dite business. It is just so in the Legislature. It is well known if fifty or sixty members of a Convention can frame a better Constitutii and in a much shorter space of time, than double the number. It is in the Legislature. Thirty in the Senate and sixty in the House, wh Die Legislature is confined lo general laws and the amendment of t Codes, IS a sufiioiently representative body. There is no need that evt county should have a member in the lower house. There are no local laws to be passed. The Legislature, under this report, is confined to enacting general laws. Turn to section twenty-five, to which I called Folic. SeC: ... ^ , - - Third — Regulating the practice of Courts of justice. .FoxrU— Providing for chaDging the venue in civil o .Fifl*— Granting ifivorcee. SCctk — Changing the names of persona or places. Smenth — Vacating roads, [own plats, streets, alleys, < not owned by the State. Eighth — Summoning and impaneling grand and pet viding for their compensation. Kinth — Regulating county and township business, i county and township oflScerg. Tenth — For the assessment or collection of laxea. EkucniA — Providing for conducting elections, or desij Tac(fdt—ASect'\ag estates belonging lo minora or oti legal disabilities. Thirleenlh — Extending the time for the collection of J^ourlfmf A— Giving effect to invalid deeds, wills, or o FifteeMh — Refunding money paid into the State tree Sixteenth — Releasing or extinguishing, in whole or ii sdness, liability, or obligation of any corporation or pe or to any municipal corporation therein. Scnenfeenf A— Declaring any person of a£e, oranthori: sell, lease, orincumber his or her property. Eighteenth — Le^liting, exc«pt ae against the State, or invalid act of any officer. AinctecnM— Granting lo any corporation, asmciation, special or exclusive right, privilege, or immunity. Tacniieth — Exempting property from taxation, IWii(j/-frii— Changing county scats. Tuitnty-Seamd — Restoring to citiienship persons cent 7Wn(y-//(*— Chartering or licensing ferries, bridge! TSctnly-aurth — Remitting fines, penalties, or forfeitui Ticentji-aevmlh — Providing for the management of c iWnty-furAfA — Creatiag offices, or prescribing the ^ of officers in counties, cities, cities and counties, tewr school districts. Taenly-ninth — Affecting the fees or salary of any ofl TMrlielk — Changing the law of descent or succession rAiXji-jTrse— Autboriiing the adoption or legitiiualii Thirty-Kcend — Authorising the laying out, opening, laining roads, highways, streets, alleys, or public groui ThirlV'tkirti-^or limitation of civil or criminal act 7'hir^-/ourlh—ln all other cases where a general applicable, no local or special taw shall be enacted. Kow, it will be seen from this what a load of special removed- All that class of legislation where it is imp eral counties to be represented, will be taken away fro and sent back lo the counties to be enacted by the loci there is no real need of a representative, so far as the 1 county are affected. Now, sir, I am opposed to this amendment, and I shi sider it. These various sections depend upon each oth report ought to be considered together. Ma. HOWARD. Mr. Chairman; I hereby ^ive no! adopted- Ma. REYNOLDS. I believe it to be in the power of the Whole at any time to move a reconsideration, of the Whole should at any time find that a mistake believe it has the power to reconsider without notice b Ma. AYER3, Mr. Chairman: It is manifestly majority of this Convention that the representation ii shall not be cut down. That has been shown by thi Now, 1 do not know whether this amendment will dis plan of the comraillee or not, but the only woy by w at this matter of retaining the present representalioi report BS we go along, and if it is necessary to etrii scheme of apportionment, 1 do nut know but the Com 1 say the majority of this Cmvention will require thi tion shall be full and complete. Ma, DUDLEY, of Solano. I move to amend sectio out the words ''as hereinafter provided," in line tu words "as provided by law." Also, strike out the v line three, and insert in lieu thereof, the word "tw make it conform to the amendment adopted, 1 am sion that the action of the committee in refusing to cu were fully aware of what they were doing. I hope will bo adopted. Mr, LARKIN. Is the amendment of the gentl before the Convention? Thi CHAIRMAN. Yes, sir. Mr. LARKIN. 1 think that amendment onght to I Dec. 17, 1878. OP THE CONSTITUTIONAL CONVENTION. 751 OonventioD. I do not propose to take up your time in discussing this matter, but I want to answer the gentleman from Santa Cruz, Mr. White, who, I understand, in his canvass declared himself in favor of reducing the number in the Legislature. I believe he wrote his own platform and advocated his own views. Mb. white. I didn't write my own platform. It was the Working- man's platform, adopted in Convention, and I hold it in my hand. Ma. XjARKIN. I know he had as much to do with it as any man. I think the people understood that he would come and represent their best interests, as far as reducing expenses is concerned. I think we should provide that members of the Legislature shall not receive more than five hundred dollars for a general session. That we can do when we arrive at section twenty, which amount should cover all their expenses except mileage, which should not exceed ten cents. All these thmgs should be fixed in the Constitution, so that the Legislature will not have power to increase their own salaries. Now, the proposition that each county shall be represented I believe to be the fundamental principles of government. The whole people of this State should be represented. The industrial interests, and the pro- ducing classes, should be recognized in a legislative body. The men who till the soil and delve in the mines, and in the shops, have a right to dictate legislation, and their wishes should be respected. They have that right, and this Convention should say by their votes that these varied industries should be represented. They are a class of men who will guard the interests of the whole State, and it is upon these indus- tries that the whole State is built. They are engaged in developing the resources of California. It will not work any injury to San Francisco, because these men are all deeply interested in the prosperity of San Francisco, and her rights will be guarded and protected by every county in the State. Mr. smith, of Fourth District. I offer an amendment to cure an inconsistency. This amendment gives one to eacli county, and thus it is provided that thev shall be elected by districts. I offer this amend- ment to cure that defect. The secretary read : "Add to section five: 'No apportionment shall be made which shall deny to each county in the State at least one Assemblyman,' and that the words 'by districts' in the second line be stricken out; also strike out the word * fifteen ' and insert the word ' twenty.' " Ma. BARRY. Mr. Chairman^ I rise to a point of order. Thj^CJI AIRMAN. The gentleman will state his point of order. Mr. BARRY. The amendment before the house is the amendment which I offered to section five — the corresponding section of the old Con- stitution. The gentleman from Los Angeles, Mr. Ayers, offered an amendment, which was to leave the section practically as the law is now, that is, forty Senators and eighty Assemblymen. My idea waa to not change the section. The gentleman talked of accepting the amendment, but atlerwarda, when the amendment was called up, he failed to do it. Now, my point of order is that three amendments nave been offered — one by Mr. Kelley, one by Mr. Dudley, of Solano, and another by Mr. Smith, of Kern. Mr. Dudley offered an amendment to section five of the report of the committee, which was not before the house. It was my substitute for section five — section six of the old Constitution — that was before the house, and the amendment offered by Mr. Ayers to my sub- stitute. Thb chairman. The gentleman's amendment is a substitute for the whole section. The friends of the section will be permitted to amend it as they see proper. The point of order is not well taken. The sub- stitute will be voted upon in its order. Mb. ESTEE. As I understand it, the amendment of the gentleman from Yolo is the one that is pending. Thb CHAIRMAN. Yes, sir. SPEECH OF MR. S8TKE. Mb. ESTEE. Mr. Chairman : An amendment, I believe, has been adopted fixing the number of Senators at forty, and the number of Assemblymen at eighty. Now, if this amendment be adopted, of course there will be fifty-two Assemblymen distributed among the nfly-two coun- ties, leaving (wenty-eight Assemblymen to be distributed according to population. In other words, Alpine County, which polls one hundred and fifty-seven votes, would have one member, and San Francisco, which polls twenty-seven thousand votes, would have but three in the Assembly. I do not think that would \)e right; I feel sure that if this amendment should be adopted the Constitution would be rejected, and it ought to be rejected. Of course, if the number should be increased, as has been intimated here, perhaf» an amendment of that character, giving one to each county, and dividing the balance according to population, might )Hi83; and even then it would not be right, but the populous counties might consent to it. But the idea that a Tittle county, having but one hundred and fifty voters, having one third the representation of a county having twenty-seven thousand to forty thousand voters, is certainly not right. It would be an experiment which I feel sure the people of the State would not indorse. It is conti^ry to every principle of a repre- sentative government. I do not believe that this Convention will indorse any such scheme. If the gentleman desires to increase the Assembly, as it stands in Pennsylvania, one hundred and twenty-eight;* or in New York, one hundred and twenty-three; or, as it is in Missouri, then that kind of representation would be more reasonable. I do not know but it might commend itself to the favorable consideration of this Convention; but, sir, if you fix it at eighty Assemblymen, and divide fifty-two of them among the various counties, one to each county, the smallest county one, and the largest county one, and distribute the remaining twenty-eight according to population, it will be no fair or reasonable representation of the business interests of these great counties; I am, therefore, opposed to the amendment offered by the gentleman from Yolo. I understand, of course, that the very small counties would favor such a proposition, because they would get a large representation with a very small population, yet, the idea of limiting San Francisco to three members of the Assembly, I opine there would not be three thou- sand votes' in that city in favor of the new Constitution; because it Would be so extraordinary, so exceedingly unfair, so contrary to every grinciple of a republican form of government, that twenty-five men in an Francisco would be only equal to one in some other county. I say it would be so manifestly unjust and unreasonable that your Consti- tution would be ignominiously defeated, as it ought to be. 8FBEGH OF MB. WTATT. Mb. WYATT. Mr. Chairman : I hope the amendment offered by the gentleman from Yolo, Mr. Kelley, so far as retaining one representative to each county in the State, will be supported by this committee and by this Convention. I deem it to be an unwise policy upon the part of this Convention to make so f^ representatives to the Legislature as to prac- tically deprive the people of this State, or a portion of them, of repre- sentation. Now, if the population of any countj should become so small, so reduced, that the countv is not able to mamtain its county gov- ernment, of course it ought to be merged into other counties, as was done in the northwestern portion of the State a session or two ago. But I do not think any county in the State ought to be permitted to main- tain a distinct political organization, without being entitled to one repre- sentative in the Legislature of the State. And if increasing the number to eighty, as we have, will not entitle each county in the State to a memoer, and, in addition, give to the more densely populated portions of the State a proper representation, then, I say, increase the number of representatives until we can properly represent the State, and every county in the State. The State of California is able to pay for proper representation, and is willing to pay for it, and she demands proper rep- resentation; and I propose to offer an amendment that shall increase the number of representatives from eightv to one hundred, and I don't know but I should prefer to have one hundred and twenty Assemblymen and forty Senators, and elect three representatives in each Senatorial district, and elect them upon the same plan as is in vogue in Illinois — so that a bare majority shall not be able to deprive a strong minority of repre- sentation, so that every community in the State will be represented. I therefore hope that so far as the amendment of the gentleman from Yolo is concerned, allowing to each county in the State one represent- ative, it will be maintained by this Convention. Increase the number of representatives, if it is found necessary. I want it arranged so that it will be simple and effectual. A membership of sixty Assemblymen in this State is equivalent to no representation at all, unless you want to carry on this government upon the principle of a Commission. I am in favor of Commissions, when they are necessary, but I am not in favor of transforming the Legislature into a Commission. I want the people to have representation, and I want every locality in this State to oe repre- sented. Take my district, for instance, as it will be under the apportion- ment marked out in this report — Monterey, San Luis Obispo, and Santa Barbara — commencing at Monterey Bay and extending down the coast one hundred and fifty miles to the county seat of San Luis Obispo, and about the same distance between San Luis Obispo and Santa Barbara. A representative there would have no more idea of the local wants of these people than he would have of the wants of the people of Siskiyou or San Diego. That district embraces a territory larger than that of the State of Pennsylvania, too large to be represented bv one man. He might as well be elected from Siskiyou, for all he would know about it. Therefore, I hope that this amendment will be adopted, and each county given one representative at least, even if it becomes necessary to increase the number to one hundred and twenty. Mk. HOWARD, of Lo3 Angeles. Is an amendment in order? The CHAIRMAN. No, sir. Mr. HOWARD. I give notice that, as soon as it shall be in order, I will move to have the present apportionment offered as a substitute, with the single exception of the County of Los Angeles, where there has been a great increase in population. I will move to increase the number there by one. SPEECH OF MR. MCCALLUM. Mr. McCALLUM. We have got into confusion, and I don't see how it is possible to get out of it without the committee rising. An amend- ment has been adopted to section five, that the Senate shall consist of forty and the Assembly of eighty members. The idea of giving each county one representative has been suggested, but it is not possible to do BO without violating our rules. The number has been fixed by the Con- vention. Now, sir, I am perfectly satisfied that through inattention there has been a misunderstanding here. When this question was first put, the noes evidently had it, and I did not deem it necessary to speak upon it; but when the Chair called for a rising vote, the members did not seem to understand what the Question was, and it was declared carried. This amendment changes tne character of a considerable por- tion of the report of the committee. I do not suppose it is necessary for me to argue against the proposition of having eighty Assemblymen, nfty- three of them to be apportioned one to each county, and the balance to be divided according to population. If we should adopt such a propo- sition as that, the Constitution would probably receive a majority of the one hundred and sixty votes in Alpine County, and would be hopelesslv defeated by San Francisco with her thirty thousand votes, Alameda witFi ten thousand,and other large counties in proportion. It is a proposition that is not worth arguing about. Now, sir, I do not know what this committee will do — that is, what it has done. I do not know whether the Chair will entertain a motion to reconsider what has been done. It disturbs the whole business of the committee. If the Chair does so rule, I propose to make a motion by which we can get at the judgment of the committee — that is, that the committee rise, recommend to the Conven- tion to recommit section five to the Committee on Legislative Depart- its^ ' • •;■ • .-..', ,H ' > 752 DEBATES AND PROCEEDINGS Tuesday, ■''-* C ■ ,1- H tv * L'^- J^V •te»' r^.r ,,on pojmlation, they require that there should be some consideration of the i)opuiation in the various dis- tricts, and not made as this last one was made, upon an unfair enumer- ation, not contemplated in the Constitution. For that reason, I care not particularly as to the number, whether it is forty or thirty — whether you settle upon forty ,for the Senate, or thirty. If it shall consist of thirty the apportionment made here by the Com- mittee on Legislative Department is to some extent more just than that which we are entering u}}on. The apportionment pro(x>sed by the gen- tleman from Solano is unfair and uniust. There are other parts of the State besides San Francisco to be looked to in framing an organic law. The other parts of the State have, from their very organization, paid tribute to San Francisco. It is that which has made San Francisco what she is to-day; and, I say, if representation is to be cut down, do not cut it down in such districts as I represent. I have seen, in the history of this State, representatives from other parts of the State save San Fran- cisco from herself. Mr. JOHNSON. Mr. Chairman : In order to find a clue to get out of this labyrinth, it seems to me that the suggestion of the gentleman from Alameda was proper, though the other gentleman from Alam^a has stated that he thought the vote was decisive as to the meaning of the 'Convention. But it was nearly a tie vote. Now, in order that the sense of the Convention may be properly tested, I move that the committee now rise, report progress, ana instruct the Committee on Legislative Department to restore section five, as originally reported, so as to start rient a^in. Mr. ESTEE. I rise to a point of order. Thb CHAIRMAN. The gentleman will state his point of order. Mr. ESTEE. The same motion was made awhile ago for the same instructions, and voted down. The point of order was overruled. On the motion, the committee divided, and the motion prevailed by a vote of 53 ayes to 48 noes. IN convention: The PRESIDENT. Gentlemen : The Committee of the Whole have instructed mc to report that they have had under consideration the report of the Committee on Legislative Department. They recommend that the article be referred to the Committee on Legislative Department, with instructions to restore section five aboriginally presented. Mr. REYNOLDS. Mr. President : I move the reference of section five to the Committee on Legislative Department, with instruction^ to restore the section as originally presented. • Mr. AYERS. Mr. IVesident : I shall oppose that. The sense of this Convention is to the effect that we have eighty members of the Assem- bly and forty Senators, and I think the instructions should go to the committee that it is the wish of the Convention that the numbers be fixed at forty and eighty. REMARKS OP MR. ESTKE. Mr. ESTEE. Mr. President : I hope this thing will not be done. I am opposed to cutting down representation in the only popular depart- ment of the government. There is no reaaon, in my judgment — and I have listened for some reason — for cutting down the Assembly to sixty members. It is not the policy adopted in any other part of the country. In Missouri, where they have changed the Constitution recently, they 95 have one hundred and forty-three members of the Assembly. In New York, one hundred and twenty-eight; in Peirnsylvania, two hundred; in Massachusetts, two hundred and fifty. In fact, nearlv all the larger States in the East have from one hundred to two hundred and fiffy in the Assembly, and the reason is this: that this is the popular branch of the government, through which the people speak, and that the people can only be fairly represented by people who go direct from their homes; that in a gre^t State like this it would be a physical impossibility for a man living in San Bernardino Countv to properly represent San Diego County, b^ause, necessarily, he would not be 'acquainted with the local necessities of the people. Now, my friend to the left represents five or six- counties, composing one district, extending across the whole breadth of the State, and running down the coast one hundred and eighty miles. It is utterly impossible for him to adequately represent the wants and wishes of the people of such alarge territory, and I hope the Convention will not adopt the proposition to cut down the representation in the leg- islative department of this State. 1 would much prefer to see one hun- dred and twenty members of the Assembly. Let us not cut it down, l)ccan8e there is no reason for it Let us make the number pretty large. If we wish to be economical, limit the compensation, but do not deprive the people of a fair representation in the popular branch of the Legis- lature. Now, I wish to say that the question raised by the gentleman from Shasta cuts no figure in this case. If the people of any part of the State are not properly represented, then they ought to be properly represented. Would it better their condition any to cut down the representation from eighty to sixty ? I think not. I say it is against the interests of the people of this State, and I believe against their wish al«o, to cut down the representation in the popular branch of government, and for one I am opposed to it. It has no reference to San Francisco; San Francisco only gets her proportional share. It has no reference to Shasta. Let San Francisco ana Shasta stand side by side, and be represented accord- ing to population, and let that population be ascertained according to law. Mr. ANDREWS. How would you ascertain the population? Mr. ESTEE. Ascertain it by the United States census. I am aware that there is a clause in the old Constitution requiring the State to take the census, but they have never done it. Mr. ANDREWS. Permit me further — are you not aware that in the counties I represent the last census was no census at all? Mr. ESTEE. I did not know it until I heard it from the gentleman. I ha It Amu, one Aiflltttnl DtrgHTitHt Amu, 1hre4 l>oorkfiep< Uler, Dbt XmS\ Crnnlcr, eight PiigM, Bar Gu PorUr; lol ■ WHk, elKbl bnndrtd itolLkn, I Itaink tlis linrk an ir Pigw. t»o DoorkMprn, on* Poittr, ■ ir (nil fuur Fieh. I lliortforr think IJ Tour l'a4E«« and two Doarkt^pan, now Bapaclfoll; lulimlllFd. T. J. SHEBWOOD, ScrE«Dt«l-Aniu. Ma. LARKm. I move that the recommendation of the Bergeant-al- Arnis be adopted. Ma. HUE&TI^ 1 move that the whole matter be laid on the table. Ma. BARNES. I' second tbe motion. The motion prevailed. Ma. DUDLEY, of Solano. Mr. President; I move (hat section five of the report of tbe Committee on Legislative Department be re-refeired lo the Committee of the Whole. Ma. HOLFB. Mr, Preaident : What will be the effect of that motion T Thi PRESIDEMT, To take it into Committee of the Whole. Mr. BARNES, la there anything now before the ConventionT Thi PRESIDENT. A motion to re-refer section five lo tbe Committae of the Whole. Ma. McCALLUM. I would like to know what baa become of tbe motiona already pending lo refer that aeclion to tbe Committee on Legis- lative Department. The PRESIDENT. If this motion prevails those motiona will necee- aarily fall. They will be disposed of by this motion, if tbe Convention refers it back to the Committee of the Whole. The quealion ia on tbe motion of the gentleman from Solano, Mr, Dudley, lo re-refer aeetion Bve of the report of the Committee on Legislative Department Ia the Committee of the Whole. The motion was lost, on a division, bv a vote of U ayea to 45 noes. Ma. REYNOLDS. Mr, Preeident: [ renew tbe motion that was pending at the time of tbe adjournment yeatcrdaj. Thi president. Tbe Secretary will read tbe motiona pending at the time of the adioumment yesterday, Thi secretary read from the Journal; /' Mr. Reynolds moved that section five of the article on Legislative Department be referred to the Committee on Legislative Department. with instructions to restore tbe section as originally reported by said nittec. IItb DepATtment to adjait their raport so that 1 ' that the commiltm adjust tbe section Committ<5B of the Whole, of forty Sena- te one that the Committee on Legislative Department lie I adinst the section by subatituliue aeclion eix of the old That effects the Barne thing, and Teaves the system so that. Conatitutioi ihould Ije necessary, it can be cbaneed, __. j.._ Senstora and eighty Assemblymen, and it seems U time it might perhaps be better to have it so that it could be changed, if necessary. It seems to nic that eighty Assemblvmen would do at present, and that forty Senators are enough at present, but yeara hence it may be thought that one hundred or one hundred and twenty representatives would be better than eighty. Now. if section six of the present Consti- tution was adapted it would leave the ayslem the same as it is now, and the next section will be easily adjusted to it, leaving the whole syslem as it is now. I therefore move to substitute, as an amendment, that the committee be directed (o report section six of tbe old Constitution in the place of section five. Ha. WYATT, Mr. President : I second the motion of the gentleman from the Fourth Diatrict, to eubslitule section six of the old Constitution in place of section five as reported by the Committee on Legislative Department, and the amendments offered to section five. That, as I understand now, would place the number of representatives at eighty and the number of Senators at forty, with the privilege left in the Leg- islature at any future time lo increaae the number as may seem and right lo them, to give a just representation lo tbe people Stale, I am opposed lo having One Senator less than forty or one repre- lentative less than eighty, end I would prefer to have one hundred and ^wentv representatives to forty Senators. Ma' AYER3. I would like to know where there is found anything n section six that provides tbat there shall be eighty members of the \ssembly and forty members of the Senate. Ma. WYATT. If there is nothing in section six, there is something n section twenty-nine which fixes iL I would prefer to go farther and iirovide that each county of this State shall have one representative and bat there should be representatives enough lo give lo tbe heavily pop- ulated counties of the Slate what would w a proper represenlaticn.tak- represeatative from each county. I deem it important that tbe representation should be increased rather than diminished. Under the growth of the State of California since eighteen hundred and sixty. m proper e of this Dec. 18, 1878. OF THE CONSTITUTIONAL CONVENTION. 756 San Francisco has been swallowing the population of the State, and there is every reason to believe that for the next ten, fifteen, or twenty vears, she will hold the same large population as compared with the balance of the State ; and to represent San Francisco will be to represent the State, simply taking the population as a basis; and in order to some extent to counteract that influence, not onl^ for the good of the State at large, but for the good of San Francisco^ it is necessary to deviate some- what from the representation upon this basis of population, to a repre- sentation by territorial districts. But if the Convention will not allow one representative for each county of the State, then I am at least in favor of leaving it to the Legislature, so that they can increase the rep- resentation of the State when they shall see the immediate nec^sity for it, and I believe they will in the near future. The State of Illinois has found it necessary to provide that the City of Chicago shall never have at any time exceeding one fifth of the repre-sentatiou of that State. It ought to be in this Constitution that the City of San Francisco should not at any time exceed one fifth of the representation of the State of California. Based upon population now, they would have one fourth of the representation of the State, and it is not improbable that in the next fifteen years they would have one third of the representation of this State, and it might possibly be one half. It has been said further, and found to be a practical fact so far as it has been shown in the historv of American legislation, that lar^e cities are, as Mr. Jefferson described, where the corruption of legislation comes from, and that the country districts are those to be looked to for the purification of the public administration of justice. I do not want to see the representation of this State so reduced that any great city shall hold one third of the rep- resentation of the people, and then when an excitement springs up like that of last Winter, result in the passage of such laws as the gag law of the last Legislature. San Francisco, without saying anything that is not true of it, has been saved irom herself by the members from the country on different occasions in this State; and it is proper that the representatives that represent the length and breadtn of this broad StAte should be provided for. I therefore hope that nothing less than forty Senators and eighty representatives will be provided for in this Constitution ; with a flexibility in this Constitution to allow the Legis- lature to increase a^any time that the necessities of the case may require it. Mb. O'DONNELL. Mr. President: I believe that a mj^oriW of the delegates of this Convention is satisfied with the section six of the old Constitution, to take the place of section five of the new Constitution ; and to adopt that and leave out section six. These counties talking about not having proper representation I San Francisco has not a proper representation. €he has now only twenty representatives. Look at £1 Dorado. She had four Senators and San Francisco four. These distant counties have all been well represented — always have been. There has never been any disturbance in regard to that matter. The counties have always been satisfied with their representatives except one or two of these old cow counties, where there is but some two or three hundred men living in them. [Laughter.] Mr. AYERS. Does the gentleman say that outside of San Francisco the counties have always b^n satisfied with their representatives? Mr. O'DONNELL. I have never heard any complaint except from one or two old cow counties. Mr. AYERS. Then you had better take a trip through the State. Mr. O'DONNELL. I have been through the State. Mr. AYERS. Then you had better take another trip. Mr. O'DONNELL. New York has one hundred and twenty-eight representatives. She has got six million population. California has got seven hundred thousand. Such a comparison I never heard before. In regard to the old section another thine is, if the State should increase in population there is a pi^vision made there about the Legislature. There is a provision — and no doubt if this Constitution should be adopted there will be a great increase of population, if we get rid of the Mon- golian. Mr. HEISEELL. Do you want the Chinese to be represented — enu- merated in the apportionment? Mr. O'DONNELL. Well, we do not represent them. We have got only twenty representatives and have three hundred thousand inhab- itants. Here are some of your counties with only a thousand or fifteen hundred. I want to be represented according to the census of the United States. We don't mean the Chinese. We count them more as chattels or stock. Now, Mr. President, how can we have a better clause in the Constitution than this: " Sec. 0. The number of Senators shall not be less than one third, nor more than one half, of that of the members of the Assembly ; and at the first session of the Legislature after this section takes effect the Sen- ators shall be divided by lot, as equally as mav be, into two classes. The seats of the Senators of the first class shall be vacated at the expi- ration of the second year, so that one half shall be chosen biennially." I cannot see any reason why we should not adopt that section. This is one of the most important sections in the Constitution. You have all had a proper representation, and I hope that the amendment that this be reported back will be adopted. I see a great deal of dissatis- faction here among members. They want to load down this Con- stitution. They' want to put a clause into the Constitution so that the whole of it will be repudiated, and if we keep these two sections there it will be repudiated. The people are well satisfied with the old Con- stitution in this respect, and I hope it will be adopted; that this section will be reported back to the Committee of the Wliole and will be adopted. If it is it will be adopted at the next election. iiR. TURNER. Mr. President : I wish to ask a question. If this motion prevails to refer this with instructions to replace section six in the bill we are now considering — if this is done, will it be subject to amendment in Committee of the Whole? Will it be open to amend- ment? Thr PRESIDENT. It will be open to the action of the Committee of the Whole. Mr. turner. And subject to amendment ? Mr. VANDYKE. Yes. Mr. MANSFIELD. Mr. President : I would like, if in order, to sulv mit another instruction. Thr president. There is already an amendment to an amend- ment pending. Mr. MANSFIELD. I hope the gentleman will accept this additional instruction. It seems to me that the proposition now does not go far enough. The committee should be instructed to adjust the representa- tion according to the population of the counties. My amendment is to that effect. Mr. ROLFE. That is in another part of the article. That is provided for in another part. Mr. MANSFIELD. I would prefer to have the instructions go to the committee toeetber. Ma. BLACKMER. Mr. President : It seems to me that this does not go far enough, for the reason that it will be as necessary to remodel section six of the report of the committee as to substitute section six for section five. This provides one thing that it seems to me is already provided for, and that is, the division of the Senators by lot. That is already pro- vided for; what we wish to do is to continue the present apportionment until the next liegislature meets, or until after tne next census. Both sections should be referred to the committee so that they can arrange the two. Mr. van dyke. Mr. President: The sixth section has not been taken from the Committee of the Whole. Mr. BLACKMER. Mr. President: I had prepared an amendment to refer sections five and six to the committee, with instructions to so adjust them as to leave the present subdivisions as they are until after the next census. Mr. MANSFIELD. That is just what we complain of. The president. Section six is not before tne Convention. It is in the Committee of the Whole. Mr. MANSFIELD. That perpetuates the evil we complain of. We have over six thousand; we have not a proper representation. The County of Solano has two thousand less votes, and they have four. The County of Santa Clara has some three hundred less votes, and they have five. Under this present apportionment we should be afflicted with the same difficulty of which we complain now. REMARKS OF MR. MCCALLUM. Mr. MoCALLUM. Mr. President: The objection to the amendment of the gentleman from Yuba is that it belongs to section six, and not to the section now under consideration. It has no reference whatever to the apportionment as provided in section six of the present Constitution. That section says notning whatever about the number of Senators or Assemblymen. There is another section in the old Constitution which makes the apportionment. The gentleman from Los Angeles proposes that the Assemblv shall consist of one hundred and twenty, and the Senate consist of lorty members, making the entire representation one hundred and sixty. I cannot entertain any apprehension that this economical Convention is going to adopt a proposition making an increase of fifty thousand dollars in the expenses of the Legislature, instead of the decrease of fifty thousand dollars per session, as proposed by the com- mittee. If the Convention favors forty and eighty, let us vote on that. If they propose to let the present representation stand as it is, let us vote upon that. Let us not mix up matters which belong to section six with matters which belong to section five. As to whether it will reach the question of whether there should t>e apportionment now or not, would be an open question. Xret it be presented at the proper time. When a question is presented, let us vote upon that as a proposition disconnected with other matters. For mv own part, I think this Convention would be derelict in duty if it should fail to make an apportionment. The Con- stituticta has provided for a State census every ten vears. It is impera- tive in the requirement, although it has never been complied with. But it iias not been complied with, on account of the great expense. The Legislature could not make it, because it would be unconstitutional. The Constitution can make it, however, and it ought to be made, and made now, because, after the National census to he taken in eighteen hundred and eighty, there would be no meeting of the Legislature until eighteen hundred and eighty-two, no election under that until eighteen hundred and eighty -three, and no session of the Legislature under it until eighteen hundred and eighty-four — five years hence. Our present Constitution required it to be done in eighteen hundred and seventy-five. It can be made now. It ought to be made now. It is in conformity with the letter and spirit of the Constitution to say that it should be made. Some counties have doubled and trebled in population. The gentleman says it is so in Los Angeles. I know it is so in Alameda, and manv other counties have doubled their population. I do not believe in waiting for the National census, when two United States Senators are to be elected, and when matters of much more consequence are to be passed upon by the Legislature. But let us vote upon that question aa a dis- tinct proposition, and not mix it up with the matters presented in section five. Let us fix the number first, and then we can proceed intelligently upon the question of distribution afterwahls. REMARKS OF MR. BARNES. Mr. BARNES. Mr. President: I understood the view of the com- mittee to be as stated in the instructions proposed b^ Mr. Belcher to the committee last night, which was that the Committee on Legislative Department be requested to adjust their report so that there should be forty Senators and eighty Assemblymen. That leaves them just as it was before. Now, then, in order to accomplish that result, it seems to me a simple matter enough to do, if we take out section five as it stands Dec. 18, 1878. OF THE CONSTITUTIONAL CONVENTION, 757 Government itself will inhibit and prevent the working of mines upon the public lands of the United States by Chinamen. Mb. hale. Mr. President: I ask that the Secretary read the resolu- tion. The secretary read the resolution as above. Mb. hale. Mr. President: I move to lay that resolution on the table. It is entirely unnecessary. As has been said Thb president, a motion to lay on the table is not debatahle. Mb. hale. I wish to withdraw the motion temporarily, as I wish to make a remark. The resolution is Mb. HOWARD. I rise to a point of order. Mb. STEDMAN. I object to the withdrawal of the motion. Thr president. The gentleman can make the motion at the end of his speech if he desires. Mb. hale. * Mr. President : As stated bv the gentleman from San Francisco> Colonel Barnes, up to eighteen nundred and sixty-six the policy of the Government of the United States, in respect to its public laods, was one of silence, with the full knowledge of the fact that these lands were largely occupied for mining purposes; large sums were extracted from them, and government quietly submitted and appar- ently recognized iL The Courts of this State until that time considered this acquiescence upon the part of the government as a permission, and treated the occupants of mines as being the owners of the property, founded upon the well recognized leeal presumption of ownership of title founded upon possession. In eighteen hunarcd and sixtv-six, for the first time the Government of the United States was moved to take some active stefM in the premises, and then not for the purpose of con- demning the previous policy or practice obtaining in the minins dis- tricts, but with a view oi securing title upon a safe and convenient basis. They provided for the first time that citizens- of the United States, and those who had declared their intentions to become suph— and limiting the right to those persons — might occupy the public lands for mining purposes ; and provided at that time for the purchase by such occupante of certain classdb of them upon terms which are described. Amend- ments were made in eighteen hundred and seventy and eighteen hun- dred and seventy-two, but to-day the law stands in this wise, that citizens of the United States, and those who declare their intentions to become such, and only those, are privileged to occupy the public lands for mining purposes, and the privilege is limited to that class. Now, that is all ttiat Congress can do. I submit, therefore, that there is no occasion for this resolution whatever. The fact is that the status of our law, so far as the Federal law is concerned, is just what any of us would ask for. I move to lay the resolution on the table. Mb. BARNES. Mr. President : I submit Thb president. A motion to lay on the table is not debatable. Mb. BARNES. I think the gentleman pursued a singular course. That is a nice way to do, debate it and then move to la^ on the table. I hope the gentleman will pursue the same course and he on the table. The motion prevailed, on a division, by a vote of 51 ayes to 31 noes. Mb. DOWLING. I call for the ayes and noes. Thb president. You are too late. • LEGISLATIVE DEPABTMENT. Mb. terry. Mr. President: I move that the Convention now resolve itself into Committee of the Whole, the President in the chair, for the purpose of further considering the report of the Committee on Legislative Department. Carried. IN COMMITTEE OF THE WHOLE. Mb. WYATT. Mr. Chairman : I want to offer an amendment to sec- tion five. The CHAIRMAN. I think there are about four amendments now pending. Mb. kELLEY. Mr. President : I understand section five was referred back to the committee. The CHAIRMAN. To the Committee of the Whole. Mb. ROLFE. I will ask if these amendments were not handed in before we went into Committee of the Whole? Thb chairman. They were pending in Committee of the Whole when the committee last rose. The Secretory will read them. The secretary read : "Offered by Mr. Dudley, of «Solano: " Amend section five, by striking out the words 'as hereinafter pro- vided,' in line two, and insert the words * as provided by law ;* also, strike out the word * fifteen,' in line three, and insert in lieu thereof the word ' twenty.' " " By Mr. Smith, of Fourth District (accepted by Mr. Kelley): " Add to section : ' No apportionment shall be made which shall deny to each county in the State at least one Assemblyman;' and that the words 'by districts,' in the second line, be stricken out; also, strike out the word ' fifteen * and insert the word ' twenty.' " '* Mr. Barry offers section six of the old Constitution." Mb. BARRY. Mr. Chairman : I would say that before recess on yes- terday I offered section six of the old Constitution, and that has not yet been read. I offered'that previous to the offerine^ by any other person, of any other amendment, and I think that would be' first in order. The CHAIRMAN. That amendment is a sub'stitute for the whole section, and will come up after the others. The first in order is the amendment offered by the gentleman from Solano, Mr. Dudley. . Mb. terry. Mr. Chairman: I understand that the word "fifteen " was stricken out. If the gentleman will read s^tion six, as reported by the Committee on Legislative Department, I think he will agree that his amendment is unnecessary; that is, his amendment striking out "as hereinafter provided " and inserting " as provided by law." The section requires the Iiegislature, after the next census, to apportion the State; and, further, provides that, in makine such apportionment, parties who are not eligible to become citizens of the United States shall not be taken into account. I think this is a better provision than is now in the law. It is provided so that the State mav be divided into forty districts, as nearly equal in population as may be, composed of adjacent territory, after the census of eighteen hundred and eighty, and alter each census taken by the United States; and that in making such adjustment, persons who are not eligible to become citizens of the United States shall not be counted as making a part of the population. Mb. BARNES. Are they not population ? Mb. terry. They are not citizens. Alien residents are not popula- tion. Mb. BARNES. Are they not population 7 Mb. terry. No, they are not population. If they are population, they are not such that they should oe counted as forming a basis of rep- resentation. They are people who are here against our will, and whom we are anxious to get rid of. They may be population, but it is a class of population like the Indians — not taxed, who are not counted in mak- ing up a basis of representation. Mr. DUDLEY, of Solano. Mr. Chairman: On the supposition that the committee will adopt section six, that part of my amendment to strike out "as hereinafter provided," and insert "as provided by law," is not necessarv. The last part is. Mb. TERR^. I understood that the other had been done. Mb. DUDLEY. It has not been done. The word "fifteen" still remains. Mb. terry. That, of course, is necessary then. Mb. DUDLEY. I am not particular about the rest. I therefore mod- ify my motion. • ' ^ The CHAIRMAN. If there be no objections, the gentleman will have leave to modify his motion. The question is on the motion to strikeout "fifteen" and insert "twenty." Mb. WYATT. Mr. Chairman: I really do not know what we are voting upon or what we are proposing to reach. In order to test the sense of the committee as to whether they are willing to increase the Senators to forty, if they have not been, and increase the Representa- tives to one hundred and twenty, if it has not been done, I shall move that this committee now rise, report back sections five and six, with the rea>mmendation that they be referred to the Committee on Legislative Department, with' instructions to report to the Convention that the Sen- ate consist of forty members, and the Assembly of one hundred. and twenty members; that they shall be elected from eeparate Senate and Assembly Districts, and that each county shall be entitled to,one Assem- bly representative in the Legislature. Mb. ANDREWS. I second the motion. Mb. LARKIN. Will the. gentleman allow me to offer an amend- ment to that proposition? If the gentleman will make it one hundred ^nd twelve memoers, that will allow one for e«uih county, and the same number as now apportioned by the committee for the balance of the State. Mb. van dyke. I rise to a point of order. There are three mem- bers The chairman. This is a motion for the committee to rise; there is no amendment. Mb. WYATT. No, sir; there ought to be at least one hundred and twenty Assemblymen. The CHAIRMAN. The question is on the motion of the gentleman from Solano. [Great confusion, and cries of " Read>!" " Read I"] The secretary read: " Strike out * fifteen/ in line three, and insert * twenty.' " Adopted, on a division, by an affirmative vote of 80. Mb. kelley. Mr. Chairman : I will insist on my amendment, offered yesterday, and would like to make a statement to this house. I have examined the last apportionment, and find that there are eighteen counties that have a joint Assemblyman that are now represented in the Assembly by nine Assemblymen. I find, also, that there are twelve counties that have two or more Assemblymen, which makes forty-eight in all. Twelve large counties have forty-ei^ht members in the Assem- bly, and the eighteen small counties have nine. Now, that amendment proposes to take nine from these large counties and add to the eight- een small counties, which would then, under the present apportion- ment, allow these twelve large counties thirty-nine Assemolymen instead of forty-eight, which is nine less. I do hope that the amend- ment will pass, in justice to the small counties. Mb. VAN DYKE. Is that an amendment to section five? The chairman. That is offered as an amendment to section five. The Secretary will read. The secretary read : " Add to section : * No apportionment shall be made which shall deny to each county in the State at least one Assemblyman ;' and that the words 'by districts,' in the second line, be stricken out; also, strike out the word ' fifteen,' and insert the word ' twenty.' " Mb. KELLEY. Mr. Chairman : I would further state that in case the Assembly was increased to ninety it would just leave it as it is, with the addition of these nine counties. Mb. WHITE. Mr. Chairman : I would say to this Convention that I trust that we may not increase the Assembly beyond what it is at pres- ent. There are many here who are in favor of having it still less, but as a compromise I would be willing to have it remain as it is. But all these attempts to get a larger representation on the floor is entirely con- trary to the wishes of the people. I am perfectly satisfied that any increase in the numbers of legislators will be disapproved by the people. I think they would stand the present Legislature, but I think if we go beyond it they will not stand it. We are about to do away with special legislation. Out of seven hundred laws in these volumes there are five 768 DEBATES AND PROCEEDINGS grouud and baadied and odd or them which are local laws. What is the havjag the aame number aa are on this floor now juat to □verlo' ganeral lawa of the State, and ^et such an inimeuae crowd hen appears to rae that the _people will not stand it. i trust that the hers who are in favor ot going higher will co: go back to Che old Legislature of eighty and fi but at the same time I am witling to take that as a compromise. 1 tbmk it ia the general feeling that one hundred and twelve or one hundred and twenty would be disapproved by the people. Hb. van dyke. Mr. Chairman : I understood that yesterday, in (be Committee of the Whole, we voted to strike out " sixty," and insert " eighty." Then I submit any proposition that goes to change that is oat of order. So the number cannot be increased Trom eighty without noonsiderittg that. Tb> CUAlRMAlf. The amendment does not propose to increase it. Ma. VAN DYKK I have then to saj that to attempt to distribute theae eighty members so as 1« give each county one would defeat this CoiutitutioD, however good it may be, and 1 hopt the memben will Tote it down. The amendment was rejected. Tna CHAIRMAN. If there be no further amendments Ma. BARBY. Mr. Chairman ; I believe that mj substitute is now in Thi chairman. Yes, that is true. It ia in order. The motion is to Eubatitule section aii of the old Constitution for section five of the Ua. Barry. Mr, chairman : I offered that substitute yesterday, believing that it would he better tgi the inlereels of the people to let the Constilutioa remain jjnchenged so that the number of representatives would be Just as they are now — furty in the Senate and eighty in the Assembly. In that way the people are represented as fully as they desire to be. By the amendment proposed to be offered by Colonel Barnes, it would still give further flexibility lo the section, and provide that it might be still further raised as the exi^nci ' " - - require, when the population of the Btate may incra tionment be changed, and then '* ^ ' increased. I l>elieve that is the vention should adopt section six of the present Constitution that they realize that no change is necessary. I believe thai wun me amendment of the gentleman from San Francisco it would suit all this Oonvention. We have perfected this section contemplated by substituting sec- wuu Bi« ui Liio uiu vui.ni.ii.ui,iuii. "o havB It now forty Senators and eighty Assemblymen. Section six of the old Constitution provides that one half of that of the members of the Assembly, and then the sition was to put in section twenty-nine. That u just the efTect has been adopted. It is altogether unnecessary now to subatitute thi - e moved by the gentleman from Nevada, Mr. Barry. .fX n,bl,o n idle work n e the old section aii then we will have I lumber, and the li n and forty Senali That we have already voted itJoet ! eighty hody without an J , _ _, round again to the same point we are at now, and 1 submit to me men here that it is oltogether unnecessary now to substitute the old sectio ■ix. Let us allow this to remain as we have at present amended it, an we have accomplished the object had in view. Ma. MANaflKLD. Mr. Chairman : I move to amend by recommii ting this section six to the Committee on Legislative pepartment, wit instructions to adjust the representation between the counties acoordin to the population as determined by the vote of eighteen hundred an seventy- SIX. Tux CHAIRMAN. The motion is not in order. Mb. BARNES. Mr. Chairman: I am in favor of the propoeltion made by the gentleman from Sierra, Mr. Barry. It stales, in a better way than is contained in section five, the conclusion to which I think this Convention has come ; and then if we add to that as a substitute for have got a very good section. Let it be so that until the Legislature shall direct otherwise, the apportionment and representation shall be as now provldeil by law. The census that may be taken under direction of Ibe Congress of the United States in the year eighteen hundred and eighty, ami every subsequent ten yearE, shall serve as the basis of repre- sentation in both houses of the Legislature. You have there a very simple system. You are not required to go into what ia population ; and, *B I had occasion to remark before, it seems to me unjust and improper to take the vote of any election in this State as a baaia upon which rep- resentation shall be had. I see no reason why the vote of eighteen hun- dred and seventy-six — I believe that was the Presidential election — n of the people of this Stale. I i,ivoni.¥-eigoi oi arm-io luut oi lue old Constitution provides : :. 28. The enumeration of the inhabitants of this Stale shall be taken, under the direction of the Legislature, in the years one thousand eight hundred and fifW-two, and one thousand eight hundred and fifly- flve, and at the end or every ten years Ihereafteri and these enumera- tions, together with the census that may be taken under the direction of the Congress of tbe United Stales, in the year one thousand eight hun- dred and fifty, and every subsequent ten years, shall serve as the Itasis of representation in both houses of tbe Legislature." Now, air, we see that the founders of the old Constitution ■' —^ should be tt Sectioi is necessary to get at the fads with s<: They provided for kj my friend, the gentli man from San Joaquin, is a correct one. Population is the basis oi representation, and not voting. If we have the Chinaman here, and ii we have the Chinaman in San Francisco, he is n part of the populaliot; of the State. As for as he has property he is taxed. We want repre- sentation on population. Ma. TEBBY^ Have the Indian tribes in any Territory or any Stati ever been counted as population? Ma. BARNES. No, sir; and I will tell you why Ma. TERRY. Or the slave population in the South, except for th. Ma. BARNES. I dn not care how manv they got. They were i liasis of representation in the South, as everybody knows, and the SoutI' got its representation on the basis of tbe slave population. There was ( compromise, which never was satisfactory to the South. But they did finally get it. It was reluctantly yielded. The South always did win Iwcause the South furnished the braina of the Democratic party. I be; pardon ; there is so much converealion going on here that it disturbs mj feeble mind; but it was a basis of representation. Why were thi Indians not made a basis of representationT Because they were noi taxed. That was the reason. The Indian was put RS^de upon a reserva- He' d oft! I Gove If the India: Eirled him, and it imposed no taxes upon him n id been taxed as we tax the Chinese, he would have been a basis oi representation. If there are ten or fifteen thousand Chinese in Sar Francisco who are taxed, and who are not the wards of the Govern- ment, that city is entitled to representation upon that basis, and yoi can argue the question logically, it seems to me, upon no other ground What is proposed' here now? That we shall take the Presidential volt of eighteen bundreil and seventv-six as a basis for ihe npportionmeni of the population of this State. That is an entire departure from tht system propn the question of the Constitu- tional Convention, or any other question that was ever submitted to thi people? It is not right, it is not just, and I submit that this Conven- this State. Mr. Cross says that we have all a pretty good idea of whsi the population of the different portions of the Stale are. Tbe gentle pretty good idea of the population of his county, bui before s of r. ion ther Lhould want to know with some certainty, Tliere is taking the vote In a Presidential election than in a Gubernatorial elec- tion; they differ as much upon the elements as anything else; bail sometimes, of one third of the entire vole of an election. To say thni we shall determine by the vote would be to underAke to do something absolutely impossible. We would want to know what the condition n the roads were; what the stale of the farming inlerests were, whelhei they could get out or not ; almost whether ihe people were sick or well and what the domestic details of the families in tbe districts of Ihii State were, before we could undertake to determine upon any such thing I hope there will be no attempt mode in this Convention to chane* the apportionment so recently made by the Legislature. We foughi long and hanl enough for that — now (bo lirst time they get a clip at u! again they try to make a new basis of representation. This is like nil the other attempts to apportion this Slate, they have always been in th( inlerest of some other place or some other portion of the Slate than 8ai Francisco. I say it ought not to be dealt with at all, it should be left U the time, when, in the course of two years, we shall have Ihe enumer- ation made by the Government of the United SUles, It should be left as the gentleman from Sierra sugciests, putting in section six of the olc Constitution, and portions of section twenty-nine, and we shall not dr anybody any injustice. If the motion of the ganllcman from Siern "The number of Senators and members of Assembly shall be fixed by the Legislature and apportioned among the several counties anii districts, to be designated by law, according to the number of inhabit- ants. The number of members of Assembly shall not be more thar eighty, and unlil the Legislature shall so direct the apportionment o representation and adjustment of districts shall t>e as now provided bt law. The census that may be taken under the direction of the Congresi of Ihe United Slates in Ihe year eighteen hundred and eighty, and ai every subsequent ton years, shall serve as a basis of representation ir both houses of the Lfgialature." It would be a remartatle thing if the suggestion of my friend Mans- field should prevail, and representation should be based upon the Pre^< dential vote of this State in eighteen hundred and seventy-six. li would be an anomaly, sir. so far as any adjustment of representation ii concerned. If any vote ia to be taken I do not see why the last vote ii not the best. You might as well lake the largest vote as the smallest It showa nothing, it pravea nothing. Dec. 18, 1878. OF THE CONSTITUTIONAL CONVENTION. 759 important question, and one that we ought to devl with in a direct man- ner. As I understand the principle of a representative government, it is this, that every man who has a right to participate in the affairs of government, has a right to he heard equally with every other man who has a right to participate in the affairs of government, without reference tc where he resides. Under the original iaea of democratic government, in small communities all the meml^rs of a particular society met in one place and held a town meeting, and there expressed their vote in person. When the communities became populous, ana-the State large, this became impracticable, and then men begiein to combine and to speak in lar^e nura- bers through small numbers called representatives. It was intended that the vote of one man in one locality should have as much weight as the vote of another man in another locality. I know of no reason why the man who happens to live in Alpine County should not have as much right as the mau who lives in San Francisco; nor do I know of any proper rule by which a Chinaman should be entitled to as much voice in the government of this State as a white man. Now, sir, if we make the population the basis, I am not sure that it would be an advantage to colonize these Chinamen. Mb. BARNES. You can have ours. Mb. CROSS. It seems to me that one man, residing in one portion, has a right to as much influence as another. Take the rresidential vote. It seems to me that those who have a right to participate in the affairs of government is the true basis, and that perhaps the Presidential vote is the proper basis for two reasons : one reason is that that vote was a very full one all over the State. I believe it has been claimed that in some places it was almost too full. And if at such a time any portion of the people do not participate, I do not believe they deserve much consideration from any legislative body. I understand the case of the County of Alameda, in which the population has grown enormously ; I can understand the case of Los Angeles, in which the population has very 1 vgely increased ,* and I can understand the case of ottier counties, in whicn the population has very largely diminished. I think it is right and proper that this Convention should fix the basis of representation. I was in favor of large legislative bodies, especially the lower house. It is the only place where the people directly touch the affairs of the government. -It is the only place in which the people almost directly speak their wishes. The executive department rests with a very few men, and thev cannot be acquainted witn the great body of the people, and thus tile legislative department is the representative department of the State. This State has an immense area, and with a representation of sixty and thirty we shall have one man representing two thousand square miles ; and, sir, in a bod^ like the Assembly of the State of Cali- fornia, I undertake to say it is impossible for one man to represent two thousand square miles. I believe we should have a larger Assembly. There should be a more liberal representation. If we had one hundred and forty in the two houses of the Legislature, we should still have each member of the Legislature representing something like six thousand people, and as the State grows the number would bd increased to three or four times what it is now. The cases of Massachusetts, New York, and Rhode Island have been cited here. They have comparatively small legislative bodies, in comparison with the population, and yet the territory which each member represents is comparatively very small. While Chinamen are not entitled to representation it seems to me that there should be a large and liberal representation in the Assembly. BBMABKB OF MB. LABKIV. Mb.' LARKIN. Mr. Chairman : The argument of the gentleman from San Francisco upon the basis of representation upon population is certainly an argument that that gentleman should not use if he is a representative of the people, and not of Dupont street and the Barbary Coast. He objects to the last Presidential vote, and yet I believe it was conceded in San Francisco that that vote was some fifteen thousand more than thev were entitled to. Still he objects to taking that as a basis for San j'rancisco. It has been found in New York and Ohio, where there are large cities, that the interests of these cities have demanded that they should not have to exceed one fiflh of the repre- sentation of the State. I am satisfied that San Francisco's interests have been protected as much by the people of this State outside of San Francisco as it has been by her own representatives. Now, so far as this question is concerned, if we don't adopt the proposition to allow each county in the State a representative, let us adopt the old section and leave it to the Legislature. If this body is not willing to act upon that proposition, the time will come, and come soon, when the people of this whole State will demand that they be represented, as they should, in the Legislature of this State. I am not in favor of limiting the number. ' If there is to be any limitation, I prefer to fix a minimum rather than a maximum. Provide tha^t it should not be less, than thirty Senators and not less than ninety Assemblymen, and leave it to the Legislature to provide that each county should have a representative. These counties that have been formed under some mining excitement, or some temporary excitement from some other cause, they will be weeded out. It will be the duty of the State. I hope this Convention will determine, if the^ cannot give to each county a representative, to leave it to the Legislature to determine the number of representatives. Mb. MANSFI£LD. Mr. Chairman: The adoption of the present clause is a continuance of the injustice which I protest aeainst. Los Angeles County is not fairly represented, as every'member here knows. The only body that can give us relief is this Convention. The Legisla- tures do not do it, and I ask for the consideration of my amendment, which I submitted a short time ago. BIMABKB OF MB. BABNX8. Mb. BARNES. Mr. Chairman : I did not catch the first part of the observations of my friend from El Dorado, but I understood him to assert several things in which I think he is mistaken. He says that everybody admits that we had fifteen thousand fraudulent votes- — Mb. LAREIN. Respectable men. Mb. BARNES. Well, that comes with a bad grace. The gentleman is entirely incorrect. Various reports went about through the country, and probably the first report of it reached the gentleman. The whole subject was pretty thoroughly investigated there, and althouj|[h it was decided that there was some wrongful voting there all around, it did not reach to anything like that number. There may have been two or three thousand votes that were out of order, but certainly not to exceed that. I attended the examination when the County Clerk was exam- ined, and he came off triumphantly acquitted. I undertake to say that the vote in San Francisco, as a rule, is as fair as any vote the gentlemen ever received. I did not understand what he said about my represent- ing the people, but he does not regret my presence here more than I do ; and I only wish that whenever gentlemen have anything to say to me, that they got more votes than I did for the Constitutional Convention, to remember that I thank my friends from the bottom of my soul who voted against me, and I only wish there had been about three thousand more of them, and I would not have been here. Now, he says there is no such thing as representation by population, and he talks like a statesman — rather an ignorant statesman — [Laugh- ter], as to what is a basis of representation. Why, the Constitution of the United States, which, until this body met, was a respectable author- ity, and a man could present some of his views and put his back up against and defy the enemies of good government, has something to say on this subject. I do not suppose it is worth anything to the gentle- man from El Dorado, and probably if he could have the re-creation of this government he could make a much better Constitution than Wash- ington and the rest of the gentlemen who had that work in hand. I only wish that the senleman from El Dorado had lived in that time. Now, as I B&jr, this heavy old humbug, the Constitution of the United Stateisjin section two, of article one, makes some allusions to this subject. It provides for the composition of the House of Representatives, and for the electors, and as to representation, and taxes, and I was under the impression that ''representatives and direct taxation should be apportioned among the several States within this Union according to their respective numbers." NumberSf not citizenship. Mb. LARKIN. Has that any reference to this State? Mb. BARNES. If the gentleman will allow me I will undertake to instruct him so that he won't get up again on this floor without inform- ing himself a little on the subject aoout which he proposes to talk. The Constitution of the United States says: ** Repress tatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons." There is no question there as to the basis of representation. It was simply the number of free persons, including those bound for service for a term of years, and excluaing Indians not taxed, and three fifths of all other persons, so that the basis of representation was all free persons in the State, including those bound to service for a term of years, exclud- ing Indians not taxed, and three fifths of the slaves. " The actual enumeration shall be made within three years after the first Congress of the United States, 'and within every subsequent term of ten years, in such manner as they shall by law direct." Article fourteen of the Constitution deals simply with the question of citizenship, and not with population. '' All persons born or naturalized in the United Stales, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." The committee will observe the difference between the basis of repre- sentation on population and citizenship. Citizenship is one thing; pop- ulation for tne purpose of representation is anoth^, and the idea that underlies the whole doctrine of representation is that while a man shall only be entitled to vote upon possessing certain qualifications, either having been bom upon the soil or taken the oath of allegiance to the Government, every man paying taxes is entitled to representation upon that basis. That is the principle, sir, and it cannot be denied. I do not undertake to say to what extent, because I do not know, the Chinese population have been made a basis of representation in that city. If they have not been included, upon every principle of government, they ought to be included, and I do not think the exception made in the report of the committee ought to stand. I think that San Francisco, and eyery other portion of the State, is entitled to representation upon this population, because this population, whether citizens or not, pays taxes. They have got to be provided for. The whole system of gov- ernment reaches them. For them hospitals are built, iails are con- structed, and the whole system of government revolves about them as much as it does about the voter. And while they cannot vote they are population, and in the apportionment made under the laws of the United States to-day for our representation in Congress, Chinamen are just as much apart of population for the purpose of determining our population to give us representation in Congress as the noblest white man who lives. Now, sir, we have another illustration of this same principle of popu- lation. While the idea of the statesman from El Dorado is that nobody is entitled to be represented except the voter, I certainly think he is mistaken in that view, because in our population are counted women. Now, women cannot vote, and yet they are a basis of population upon which representation is based. Boys under twenty-one, and girls under eigh^en, are a portion of the population, and they are taken into account in our basis of representation; and yet they would be excluded upon the doctrine propounded by the gentleman from El Dorado. Now, iply pre- but Dec. 18, 1878. OP THE CONSTITUTIONAL CONVENTION. 761 population for all the purposes of representation. I hope that the sec- sion will either be left as it is, or that the old section will be adopted, and for this reason, that the people are satisfied with the present appor- tionment. I warn the gentleman from Yolo that if he got anything of the kind he proposes into this Constitution the €k>nstitution would fall by its own weight. Mr. EDGERTON. That has been voted down. Mb. ESTEE. I understood it was before the house., I will not address the house upon a question that is not before it. Mr. DAVIS. Mr. Chairman: I believe that the law as it now stands, leaving the Legislature to regulate this matter, would suit my constituents best. I hope that we will arrive at a vote without spending much more time in this discussion. BBMABKS OF KB. HAQBB. Mr. HAGER. Mr. Chairman: There was a Committee on Apportion- ment and Representation which should have reported upon this matter. I think we ought to defer this matter until that committee make their report if they have not done so. I have no recollection that the com- mittee has made its re]>ort. It is a large committee, of which Mr. Murphy, of Del Norte, is Chairman. I do not know that they have made any report. Some of the members perhaps may know, but if we had a report of that committee, perhaps it would offer a better basis for our argument than we now have. As far back as I can remember it has always been a matter of contest as to how they should be repre- sented properly in the Legislature. I think we ought to have in the Constitution a just and inflexible rule that will control the matter in the future. I do not believe in the provisions contained in the old Consti- tution at all. It has been unsatisfactory in its operation, and has caused all the contests heretofore, in the struggles to obtain and enjoy a large representation in some parts of the State. Representation should be baJaed on population. That is a rule so uniform that it prevails in almost everv State in the Union. There are but very few States that have not adopted that rule. So far as aliens are concerned I can find but three exceptions. In one Constitution ''aliens and Indians" are excluded, in one ** aliens and colored persons not taxed," in one '' aliens and Indians not taxed/' some others exclude ''Indians not taxed." Now, in regard to the Indians of this State, by our Constitution they may be adznitted to citizenship. They may become electors under our Constitution by a concurrent vote of the two houses. They are not excluded. I do not suppose anybodv can make an enlightened argument why population should not be the basis. In Pennsylvania, under the old Constitution, representation was based upon the number of taxable inhabitants. That was the Constitution of eighteen hundred and thirty- eight; but the Constitution adopted in eighteen hundred and seventy- three brought the rule right back to where it belongs : "The State shall be divided into fifty Senatorial Districts, of compact and contiguous territory, as nearly equal in population as may be," etc. They dropped the words "taxable inhabitants" and come to the word "population," which is the proper term. Why, take our alien popula- tion in San Francisco and in other parts of the State. Suppose there are in San Francisco one hundred thousand English, Frencn, and others; ought they not to be represented to some extent? Is not their property to be protected? So far as representation is concerned, and it is for the protection of persons and property, is not every man in the community who pays taxes entitled to representation, in order that he may be heard in matters upon which his safety and happiness depend? Ought he not to be heard here? It is putting it down on very narrow rules when gentlemen get up here and say that because a man is not a voter he has no protection at all. But in regard to what would be a just and inflex- ible rule, I would be perfectlv willing to adopt the rule that has been adopted in Pennsylvania and Missouri. Take the Pennsylvauia Con- stitution. Section sixteen, of article two, says : "The State shall be divided into fifty Senatorial Districts, of compact and contiguous territory, as nearly equal in population as may be, and each district shall be entitled to elect one Senator." Suppose California has a population of eight hundred thousand, and we have forty .Senators. Divide eight hundred thousand by forty and it would ^ive twenty thousand ft>r each district. Why could not the State be divided in that way? All that remains to do is to divide the State into forty districts, each composed, as nearly as may be, of twenty thousand inhabitants. Section eighteen of the same article of the Penn- sylvania Constitution says : "The General Assembly, at its first session after the adoption of this Constitution, and immediately after each United States decennial census, shall apportion the State into Senatorial and Representative districts, agreeably to the provisions of the two next preceding sections." Now, we could make it so that the General Assembly, or Legislature, immediately after the next United States census, which would be in eighteen hundred and eighty, shall apportion the State into Senatorial districts — that is, into forty Senatorial districts. There is a burden imposed upon the Legislature that after each decennial census of the United States, they shall divide the State into districts as nearlv equal in population as may be. There is a rule that is just. It gets rid of this eternal contest in the Legislature, and the struggle for representation there, and it is controlled by the Constitution. Why should it not be so ? I would like to hear any gentleman on this floor get up and say that this rule is not just. Now in the Assembly: "The members of the House of Representatives shall be apportioned among the several counties on a ratio obtained by dividing the popula- tion of the State, as ascertained by the most recent United States census, by two hundred. Every county containing less than five ratios shall have one Representative for QYery full ratio, and an additional Repre- sentative when the surplus exceeds half a ratio; but each county snail 96 have at least one Representative. Every county containing five ratios, or more, shall have one Representative for every full ratio." Now, that is a very fair and a very just rule. It gets around every question, and no man can complain, or should complain. Now, In Mis- souri, the provision is: " The House of Representatives shall consist of members to be chosen every second year by the qualified voters of the several counties, and apportioned in the following manner : * " The ratio of representation shall be ascertained at each apportioning session of the General Assembly, by dividing the whole number of per- manent inhabitants of the State oy the number two hundred. Each county having one ratio, or less, shall be entitlecfto one Representative; each county having three times said ratio, shall be entitled to two Rep- resentatives; each county having six times said ratio, shall be entitled to three Representatives; and so on, above -that number, giving one additional member for every three additional ratio." Then it goes on and points out the manner. Then, in regard to Sena- torial districts, the same article contains the following: " The Senate shall consist of thirty- four members, to be chosen by the qualified voters' for four years; for the election of whom the State shall be divided into convenient districts." Now, if we had a provision here, as we have determined upon forty Senators, that, for tne purpose of choosing them, the State shall be divided into forty Senatorial districts, then let the clause come in : " The Legislature, at its first session after the adoption of this Constitution, and immediately after each United States decennial census, shall apportion the State into Senatorial and Representative districts, agreeably to the provisions of the preceding sections." It seems to me that would be a very easy and a very convenient mode of arranging this whole subject, that WQuId be satisfactory to every portion of the State. The only objection that could be made, perhaps, would be that in regard to the Assembly districts. Some of the smaller counties .that are contiguous would have to join together to constitute an Assemblv district; but even in that respect, if the Convention see fit to give each county representation, they could do so by variation of the general rule; but I should oppose giving any county that has less than one thousand inhabitants a mil representative. It is not just. Nor do I think it is just to cut off representation where the population is lar^e, no matter how large it may be. If vou tax a county m proportion to tne property and population, why should you not give them representation in proportion to population? Taxation and representation, according to the rule that has been established in this country, go together, and should not be separated. Taxation and representation, therefore, should go together in everv county of the State. Whv not in San Francisco as well as in El Dorado, or any other county ? The first time that I was in the Legislature of the State of .California El Dorado had four Senators, and they considered themselves as magnanimous as another. We were placed upon equality. But in course of time population has increased in San Francisco and diminished in El Dorado. I hope we will not go back to section six, and I hope that we will adopt a system here in accordance with that which has been adopted by the different States t)f the Union, which is up to the progress of the age, and which should be based upon such rules fixed in the Constitution that we will get rid of this constant struggle in the Legislature in regard to representation. If I had my wish about it I would propose that this section six be deferred until the Committee on Representation and Apportionment make their report, or if they do not, let it be referral bacK to the Committee on Legislative Department, to arrange it in Sen- atorial Districts. Mb. BARNES. Mr. Chairman : I desire to make an explanation in reference to this matter. Mr. Murphy, the Chairman of the Committee on Apportionment and Representation, had designed some aitention to •this matter, when he founa that the Committee on Legislative Depart- ment had taken control of the whole thin^ he has ceased and gone over- land to Del Norte, so that we are a committee without a Chairman. Mb. terry. The Committee on Legislative Department investi- gated nothing which was not referred to them by this Convention. Mr. BARNES. I did not say so. Mr. terry. I understand that that committee has never met but one time, for organization. It was more than a month after that com- mittee was formed before the Committee on Legislative Department recommended this. That was not the true reason that the gentleman paid no attention to the matters submitted to him, because some other committee was considering them, for he did not know what the Legisla- tive Committee was doing. Mr. van dyke. Mr. Chairman : I move that the committee rise, report progress, and ask leave to sit again. Carried IN CONVENTION. The PRESIDENT. Gentlemen : The Committee of the Whole have instructed me to report that they have had under consideration the report of the Committee on Legislative Department, have made progress, and ask leave to sit again. The Convention then took the usual recess.' AFTERNOON SESSION. The Convention reassembled at two o'clock p. m., President Hoge in the chair. * Roll called, and quorum present. LEAVE OF ABSKNCS. Mr. SH after. Mr. President : I ask for indefinite leave of absence. I have to go to the city on business that demands my attention, and I hope to be able to return on Monday. Granted. 762 DEBATES AND PROCEEDINGS Wednesday, RKCONSIDERATION — SPEBCH OF MR. J0NR3. Mr. JONES. Mr. President : Pursuant to notice given on yesterday, I now move to reconsider the vote by which the motion to proceed with the filling of vacancies in this Convention was indefinitely postponed. I make this motion, Mr. President, with the most perfect respect to this Convention as a body, and to the members of this Convention individ- ually. There^ was not a full house, in fact it was rather thin, when that vote was taken. Moreover, I did not hear any objections to the action contemplated in that motion, to proceed to fill the vacancies in the Convention, which seemed to me to be sufficient to satisfy the minds of members of this Convention. The motion, as made, was in accordance with petitions that were sent here and submitted, from certain respectable and responsible people of the Counties of Mariposa and Merced, that this Convention fill the vacancy occasioned by the death of the Hon. J. M. Strong. It was my duty to present those petitions to this body, as a member — the only member here representing any portion of that district. Being a representative of a district embracing three counties, of which these two counties form a part, very properly, as I understand it, these petitions were sent to me. I have already given to this Con- vention my personal guarantee in regard to the character of these peti- tioners. There may be those present, however, who were not present at the time I gave them. To those, as briefly as possible, I will say this: that while the number of men is not great, compared to the number of votes in the two counties — a hasty count shows one hundred and thirty- seven — they are among the best men to be found in the two counties, representing the several walks of business — as good &s are to be found in any other counties. They make the request that the vacancy caused by the death of the Hon. J. M. Strong be filled. They name the man who is their choice to occupy the position. Now, sir, I not only desire that they should be heard here, I not only desire that the petitions which they have presented to this Convention should be fairly considered and acted upon, in the best judgment of the Convention, upon its own merits alone, separated from all other considerations, but I claim that the will of the people of this or any other district is entitled to respectful con- sideration. And it is the will of the people, for this request is uncon- tradicted. There is no other gentleman recommended from these two counties to fill this vacancy. The two questions are separate. The first question is that of filling this vacancy, and then members can suggest any name they may desire. If the Convention resolves to fill the vacancy, they can then say what person shall fill it. I claim nothing exclusive in that respect. But I do claim this: that in accordance with the principles of republican govern- ment— in accordance with the customs and usages in this State — the people of those two counties are entitled to be fully represented in this Convention. * Now, the matter is a very simple one, and I design occupying but a very few moments of your time in its discussion. If there be objections to it, of course it is open to those objections. But the objections I have heard I cannot take as being good grounds why this Convention should refuse J,o accede to the wishes of the people of that district. As expressed yesterday, these objections amount to this and no mpre, that the number of petitioners was not a large proportion of the voters in the two counties. I do not consider it sufficient excuse for refusing the prayer of these peti- tioners. I do not understand that in order to present a petition before this body that will be entitled to your consideration, or credence, it must (^ntain the names of a majority of the voters of these two counties. If tnat were so, tliey might as well go and hold an election. It is true the number of petitioners happens to be one hundred and thirty-seven ; and they happen to be men nearly all of whom I know personally. They are the tbremost men of the counties — merchants, miners, laborers, farmers, in fact men of various professions and callings. There are other men as good as they, but these are prominent men m these several pursuits in these two counties, and they most respectfully ask this Convention, for their own interests — for the local interests of these two counties — that a man be appointed to fill this vacancy. Now, the objection raised that the number of [>etitioners is too small, does not appear to me to be good ground why these people should be treated with absolute contempt, when that request comes to a representative body such as this. The gentleman from San Francisco took occasion to get oft' a witticism — I suppose he considered it so — by saying that the number was o^e hundred and thirty-seven and a half. As to that matter I do not care to comment u]>on it. I think the gentleman who has given birth to such a thin^ as that should have a midwife in attendance to see him safely through it. The next objection made was that we are almost through with our work. We have passed over a large part of the allotted time, but what is the fact? We have passed in Committee of the Whole upon three or four reports of committees, and they have yet to come up in Convention for further pruning, perhaps. If it was true that we are nearly through ; if this Convention had but one week more to sit, I still would not concede to this Convention the right to deny to any district in the State the rep- resentation which the law gives it, if the people demanded it at the hands of this body. They have a right to be represented, if only for a week. The next objection that was mentioned was that it would produce dis- cord; that it would introduce a discordant element. That is rather extraordinary. They say, we have got along so far, and got nearly througlf^ you propose to give us more chjn music, and set us all agog again. Now, Mr. President, I can assure gentlemen, as far as personal assurance can go, that the gentleman represented to fill this seat made vacant by death, is like most of the other people of California, very well advised as to what we have been doing. He does not, any more than the great mass of thinking people in this State, rest in ignorance of the progress we have made, of the steps we have taken, of the resolutions we have passed, of the reports we nave passed upon in the Committee of the Whole. I say you cannot take any intelligent man in the State of California, and bring him here now, who does not know nearly as much of the business of thi«'Convention as we do. If there be such a man, he ought to be denied the right of suffrage. For what we have done has b^n merely a reconnoissance — and my military friend from San Francisco will understand me — over the subject, of making a Con- stitution to be submitted to the people. As to the gentlemen who are to be introduced to these vacant seats troubling this Convention with " chin music," I do not know any ground upon which such a supposi- ti6n can be based. I have not myself heard any talk upon the noor of this Convention which I would be willing to characterize as chin music. I had supposed I was in the midst of a body of honorable gentlemen who knew their duties, and who were trying to do them; and who, when they arose to address the Convention and the Chair, were speak- ing words which they were empowered to speak by a sense of duty, and to a point they thought proper at the time. I had supposed they were speaking from a sense of duty, or as a matter of conscience, and I have not felt disposed to characterize their utterances as "chin music." And I do not think any gentleman in this Convention can be afraid of ''chin music" being introduced here in the future, unless he is afraid to look in the looking-^lass himself. I say such objections as these ought t(> have no weight m deciding this matter. I do not wish the matter to be passed over as a frivolous matter. I do not wish such suggestions as this, that new chin music will be introduced, to influence members in their actions upon this question. It is a question of popular rights. It is a question whether the people of this district shall be arbitrarily denied representation in this Convention when they come and demand it. And I say now — I may be mistaken — I do not attempt to impose any opin- ions— but I say now that I desire a vote to fill every vacancy that shall occur in this body from this time on till the close of our labors, when- ever there comes a respectful demand that such vacancy be filled. I do it as a matter of principle and right. If any one district in this State has no right to be represented here, then my district has no right, vour district has no right, and no other district has any right. Bight is nght. Now, I am not aware that any other objections have been off*erea in this body to the motion to fill the vacancies occasioned by death than those I have enumerated. I feel at liberty to say that I have heard it insinuated, outside of this body, that a great number of resignations are going to occur in this body as soon as tne money runs out. Now, that may possibly be true. I do not believe it, and I will not believe it until I see it. I am not aware that money considerations brought us here, in the first place. I am not aware that we are able to come here for the money there is in it, and leave the vocation* by which we support our- selves and our families. And I do not believe, though I may be mis- taken, that these insinuations are true, that a great number of members of this Convention are going to resign — vacate their seat^ as soon as the money runs out. But, sir, if they are going to do it, if they do do it, I say for myself — and I hope I speak the feelings of other gentlemen — I hope the people of the district* which they represent will promptly name to us some better men to fill the vacancies: some men who don't move exactly as the money moves, and we will elect them; men who will come here to stay, fodder or no fodder; men who will come to do their duty, even at the sacrifice of personal convenience, as most of the mem- bers here have done. I will be in favor of filling all such vacancies, upon the demand of the people of such districts, manifested in a proper and respectful way. I am very well aware that there will be hardships, which will be felt by many members, when the time comes that they can no longer receive the money which is necessary for their support; and if there be any man in that straight, and he has no friend tnat will support him here in the performance of his duty, why he will not be subjected to censure, and I would not breathe a word asainst him. But it is my hope, sir, that as long as we have reasonable hope that we can do that which we came here to do ; so long as there is a prospect of accomplishing the grand object which the people set out and undertook to accomplish when they ordered this Convention, so long I hope we shall stand substantially a solid body. I should prefer rather to adjourn now and go home, than that a large number of^ the members of this Convention should, from any necessity whatever, retire, vacate their seats, or resign, and their seats remain unfilled bv this Convention, so that the action of the Con- vention would be merely the action of a bare quorum. I should prefer in that event to adjourn at once. I want the Convention to be substan- tially a full Convention when we come to pronounc* upon the final work. If we cannot do that, I shall have great fears as to the ultimate fate of the instrument when it comes to be submitted to the people. As for myself, I stand pledged to vote to fill every vacancy that ma^ occur by resignation, death, or from any other cause. I believe it is right. I believe it Is expected and demanded of us, and I believe duty demands of us that we shall stay here, as far as possible, all those who can stay, until the work is completed; and I hope if any vacancies do occur, that the people will send men here to fill them — men who are able and willing to assist us in what yet remains to be done. I am aware that the vote of yesterday was a very strong vote. Nevertheless, for the reasons I have recited here, I believe we should fill these vacan- cies. I have not heard one solitary reason why we should refuse to listen to respectful petitions from recognized legal districts of the State, and I am led to hope that this Convention may decide to take a different view of this matter to-day from what they did yesterday. If it does not, I^hall have done mv duty. I have expressed my views, and they will stand, not only on this question, but every other question like it. I believe in representation. We have spent nearlv two days talking aboi]t apportionment and representation, and I would like to know what that apportionment is worth if you are going to disfranchise a district, or two or three districts. If you have a right to disfranchise one, you have a right to disfranchise twenty districts. I would not give a snap for all the apportionments that can be made here, if they shall amount Dec. 18, 1878. OP THE CONSTITUTIONAL CONVENTION. 763 to this : that when that apportionment recommends that there shall be a representative from one district, and that representative happens to die, we are denied the righj; to have his place filled. I submit this matter to the consideration of the Convention, most respectfully, that the idea of popular sovereignty, as far as applicable to this matter, will not be treatea with contempt. There has been a respectful demand made here to have these vacancies filled, and I do hope and expect, where such a demand as this comes to this Convention, it will not be treated with contempt, despisine the very principles by which we our- selves are here in the capacity of members of the Convention. I there- fore move, sir, that the vote taken in this body on yesterday, on the motion to fill the vacancy created by death, in the district composed of the Counties of Mariposa and Merced, and in the County of San Fran- cisco, be filled. I move that they be filled in this ox^^er: First, the vacancy caused by the death of J. M. Strong, and second, the vacancy caused by the death of B. F. Kenny, delegate from San Francisco. 8PKECH OF MB. HOLMES. . Mr. holmes. Mr. President : In seconding the motion of the gen- tleman from Mariposa, to reconsider this motion, I wish to say that I hope the Convention will decide to reconsider this matter. When it was first brought up yesterday, from a personal knowledge of the appli- cant, and of the citizens who sign this petition, I had intended to indorse the nomination, but was prevented by the action of the Convention. I do not see whv it should nave been necessary for him to come here with petitions at all. If he had come here himself and asked this Conven- tion to fill that vacancy, it seems to me to be our duty, under the law, to proceed to fill it. But, instead of that, he comes here backed by one hundred and thirty-seven respectable citizens of the two counties, asking that the place be filled. Colonel Barnes wants to know why they want that place filled. I answer, that it is the will of the people that the place be filled, and we have no right to deny them. In addition to the peti- tions that have been presented here, I have here an extract from a paper published in that district, in which it says : " The seat in the Constitutional Convention, made vacant by the death of the Honorable J. M. Strong, has to be filled by some one to be selected by the Convention. We understand that Mr. Howard is an applicant, and we know of no one better qualified for the discharge of those duties than Mr. Howard. He has natural ability, has had legislative experi- ence, having represented this county in the Assembly in eighteen liun- dred and fifty-eight, and has also held the office of District Attorney one term. He has resided in Merced County since eighteen hundred and forty-nine." That is from the county paper, and in addition to that, he comes here with the recommendation of one Hundred and thirty-seven of the best citizens of the counties. I hope the Convention will reconsider the vote and fill these vacancies. If the San Francisco delegation desire to have the other vacancy filled I will vote for it. SPEKCH OP MR. REDDT. Mr. REDDY. Mr. President: The right of representation is acknowl- edged and conceded on all hands. It is one of tne important principles of popular government in this country, and why it should be denied to any community I am at a loss to understand. There are in this case two counties in which there are one thousand three hundred voters, and perhaps four thousand or five thousand people. They are entitled to representation here. The fact that we have proceeded some distance with this business, is no reason why they should be excluded. They have a right to be represented all the way through, even to the very last act; they have a rignt to be represented even on the question of final adjournment. I presume no one will deny it. 'If the Legislature had not commanded us to fill these vacancies, it would still be our duty to fill them when requested to do so. And why any member of the delegation from San Francisco should attempt to prevent it is more than I can see. When their own county is so well represented, I do not see why they should deny that right to others, for not only is the majority in San Francisco represented, but the minority also, and the very gentleman who most Wrongly opposes this election, I believe, represents the minority. Why should the right be so persistently denied when these people are here demanding representation? Why the gentleman from San Francisco should, for a moment, question the statement of Judge Jones, I am una- ble to understand. Mr. BARNES. I did not, sir. Mr. REDDY. I understand that the people of these two counties desire to have this vacancy filled, and Colonel Barnes asked him first how many voters there are there ; and next, how many had signed the petition. Mr. Jones replied, that it was signed by one hundred and thirty-seven representative men of the two counties; and the gentle- man from San Francisco was not satisfied with that statement, but wanted him to define what he meant by a representative man of the county — what was the definition of the term. Colonel Barnes claimed that every voter was a representative man. Now, I do not understand that to be the definition of a representative man, because, in that ca!be, the Colonel himself would be a representative man. I understand a representative man, in a political sense, to be one who can carry the majority of the votes in the community where he lives, or the district in which he resides. So there we have a farther definition of the term representative man, and I presume that Judge Jones had that definition Id view when he answered that gentleman. The only question seems to me to be, whether there is a demand from that district that this vacancy be filled. I claim, whether there is or not, it is our duty to fill that vacancy as soon as an applicant appears. We have the statement of Judge Jones to the effect that the people of these counties desire the vacancy filled, and I am sure that Judee Jones' state- ment, made on this floor, ought to be sufiicient, as to the will of the people whom he represents. Certainly his statements are entitled to respectful consideration, which Colonel Barnes seems to deny. He seems to attempt to raise a doubt as to whether there is a demand. I think that demand has been fairly made. The insinuations of the gen- tleman are insufficient to overcome the statements made here, and the petitions signed by one hundred and thirty-seven men df the two coun- ties. If it IS his intention to set up such doubts against such a showing, I can only compare it to the gentleman who stands in midsummer day under the scorching rays of the sun for the purpose of admiring his own shadow. What reason is there for denying to these people representation ? It has already been clearly stated by. the gentleman from Mariposa, and I shall not take up the time in going over the ground again. But ^bey have a right to be represented. We have important business yet before us. You propose to deal with the question of water rights, of property rights; you propose to make a new bill of rights; you propose to readjust repre- sentation, and vet you propose to leave this important district entirely without counsel. I cannot see how such a measure can be indorsed by this body. Not only is it true with this district, but there are other dis- tricts similarly situated, having a common interest in the business here. For instance, those who are interested in mining desire to have the aid and counsel here of those who are experienced in such things. Again, the gentleman from San Francisco has made use of an argument that I never heard used before. I never heard it used to carry a point. I never heard a statesman use the memory of the dead for the purpose of carrying a point in a deliberative body, speaking as though it would be a disgrace^ or sort of sacrilege, to fill these seats. Why, nearly every legislative body that eVer met in this hall has lost one or more members, and it has never been considered disrespectful to fill the vacancies. So I hope this Convention will recognize the right of these people to be represented, and proceed to fill the vacancies. If San Francisco does not desire any more representation on this floor, it is her right to say so, but if the people want it it is their right to demand and receive it. SPEECH OF MR. o'dONNRLL. Mr. O'DONNELL. Mr. President: I shall vote to reconsider this vote. I think it is the duty of every honorable delegate to do it. They have a right to it. The law demands it. " In case a vacancy occur by reason of death or otherwise, the same shall be filled by the Conven- tion." That is what the law says. Under^that law we are sent hero, and that law we have got to abide by. There is a flimsy excuse made by one deleeate here, Mr. Estee, that if we fill this one vacancy we have got to fill five or six more that will be caused by resignation. That was the excuse he made to the gentleman that was sent here to represent the people. Now, sir, I think it is our duty to represent the people of that county, and to elect the representatives that are sent here. They demand it, and the law insists that it shall be done. Several other gen- tlemen have made the same excuse. We want to fill the vacancy in the San Francisco delegation, and I hope the Counties of Mariposa and Merced will be allowed to fill that one. I am going to vote to recon- sider this question, and I am satisfied that it will be carried. SPEECH OF MR. ESTEE. Mr. ESTEE. Mr. President : I do not rise to reply to the statement made by the delegate from San Francisco, though 1 have made no such statement as he imputed to me. I have made no such statement as that on the subject. What I was going to say was this: that I shall vote against reconsideration, not because I am opposed to representation, but because if Vtq do ^o ahead and elect a representative from that county, we should certainly do the same with the northern district, and the same for San Francisco, and I think that the time had better be devoted to the regular business of the Convention. And I do not agree with the gentlemen from Inyo and from Mariposa, as to the absolute necessity of filling these vacancies, because it was only yesterday that it was well understood that if the widow of the late J. M. Strong could get the ten dollars a day, they would not have demanded representation. It seems they were more anxious about the ten dollars a day than about representation. Mr. BROWN. You misunderstood me, sir. I said if it had not been for the idea that the widow would get the ten dollars a day, the protest would have come here sooner. Mr. ESTEE. I understood that was the reason they had not applied sooner. I have nothing to say against the gentleman who presents him- self—I presume he is a gentleman well qualified to discharge the duties of this position. I presume he w^ould represent the wishes and reflect the views of the people of that district, but I presume it would take two or three days to get through with this question of electing delegates to fill vacancies, and I hope we will not go into it. We are too near the close of the session, and have too much else to attend to. SPEECH OF MR. STEDMAN. Ma. STEDMAN. Mr. President: I do not desire to detain this Con- vention in the discussion of this question; but I desire to say, that a^ far as I am concerned, I will never vote against the request of these people for representation. I don't care whether it is signed by one nundred and thirty-seven and a half or by one humble citizen — the humblest in that county. I say, sir, that if only one citizen should come here and demand representation, he has a right to it. When I see gentlemen standing here and talking about the right of the people to have representation, and when a practical case is brought before this Convention vote against it, I cannot think they are consistent. Is it consistency? When I see the gentleman from San Francisco, Mr. Barnes, standing here and telling us he does not wish to see the crape torn off of these desks, what do you think? I think, sir, he would rather see those empty desks because he fears the result; he would rather look on the empty desks than look into the face of one person who may be put in. Now, I like sentiment; but, Mr. President, the DEBATES AND PROCEEDINGS _„, ^Btltl it tbnt other vi I not know tlist the alineQce of Mr. Berry lere is no vacancy in tliat digtriL't. If be know iU There ia no vacuncy, and cod- ia brought by the people of that diatricL lotion; and I hope there will be an o»er- At least 1 shall place myacir on record KVlOUi QCISTION. ^les. Mr. President; I call for the pra- ^ueition WHS seconded by Measrs. Brown, >n (a reconsider. dWb reconsider prevailed Bchell, Scbomp. Shiirlieir, Bmith, of Santa Clara Smith, of San Fronciw Soule, Stedman, Tully, Turner, TulUe, Vacquerel, Walter, of Tuolumne, Webster, Weller, White, Mr. President— 75. ' Smilh, of 4th District, Steele, , of Santa Crui, Stevenson, nell. Thompson, Van Dyke, Van Voorbies, Wellin, Weal, Wifkei, Wilson, of iBt Distriet, :ds, Winans-45. iieslion is now ciES— uiiiroa i /kSD HIICRD. ■ecial order ia upon filling the vacancies lo fill the vacancy in the f the Countie of Mercod and Mariposa Rmi MeCallum, Knul McCoy, Hted Moffat, HIev Moreland, 8 we Morse, 'i'hoi Nelson, Tnll O'Donnell, Tun Ohleyer, Vn« Van Prouty, Van Beddy, Wp! Rhodes, Wei Binggold, Wea Win Wh Schomp. Will Sburtlefl-, VI VI Smith, of Santa Clara Hall, Harrison, Ueiskell, Herald, Holmes, Howard, Hucatis, Hunt«r, Martin, of Alameda, Gregg, Hitchcock. Whole number of votes cast Necessary to a choice Mr. Howard received _ Mr. Montgomery received Mr. Howard, having received a majority of all thi uly elected a delegate fram tbe Counties of Maripi Ma. REYNOLDS. Mr. President; I move that ceed now to fili Ibe vacancy caused by tbe de Thk 'president. Nominationi arc in order fo Ma. REYSOLDS. Mr. President: Nomination will state (bat 1 am instructed by the unanimous vi from the City and County of San Francisco to place J. R. Shari»tein. We have heard much during cerning the filling of vacancies, aboitt obedience lo auppoae that this Convention bas now arrived at th the popular will, by filling these vacancies. It hat popular will.volwt to fill the vacancy in the Cou Mariposa, upon a petition of one hundreil and thi say, air, that I present here a ]ietilion of more tha voters of the City and County of San Francisco, be all, in favor of ibe gentleman I have named to fill not necessary for ine lo say more than that. Judgi been known in public life, having filled the positi in the City and County of San Francisco. He recei the votes cast for a acat in this Convention. We pu delegate named by that delegation, under the imju choice of the people of that city, Mr. O'DONNELL. Mr.Presidcnt: I second the R. 8har|)slein. I do it on account of knowing Judj And 1 ns, the Secretary called the roll, elected to this Convention, and J hope will receive Mb. ANDREWS. Mr. President: 1 place in i Kenny. He is a brother of the deceased raeraber, is a very worthy gentleman. Mb. VACtifEREL. Mr. President; I second th John J. Kenny, upon Ibe same principle that I vo Mr. Kenny is a brotlier of the deceased delegate, ward — the' Fourth Ward — therefore, as every eouu haa a representative,! think I ahallauppnrt a candid Mb. KLEINE. I nominate Mr. Flynn, of S reason I object to Mr. Sharpstein is (hat we hav Judges now in this as^emblj. Then I say let mi workingiiien. If we had lesei lawyers here we won have made so for; and by all means le( 1 in this Convention. I nominate M nbcr of the Workingmen'a party. iB. WILSON, of First District. Mr. President: i9e tbe phrase of tlie gentleman fmni San Francii ion again before this Convention, Mr. B. II. Llovr e belore to fill a vacancy. I have nothing to sa 1 who have been nominated by other member think, however, that Mr. Lloyd will make a betl gressa. y,ofSan Joaquin, Grace, ■y, of Solano, Graves, ton, Hager, this door than any man who has been named, n poor, despised prefeasion, called lawv' if life, B man of eiperiei of that poor, Ji'nd.^aod^willbeo^mo acter is above reproach, « Dec. 18, 1878. OF THE CONSTITUTIONAL CONVENTION. 765 for a uumber of years. Notwithstanding I agree with gentlemen that we have rather too many lawyers, he is an honest lawyer, and I want him to stand off against some of these corrupt lawyers and politicians. I trust that this Convention will elect him, for he stands as pure and white as the noonday sun. You might as well attempt to strike the noonday sun as to say anything against the character of Mr. Lloyd. I ask you to elect a man who will be an honor and a credit to the Con- vention and to the State, and that man is Mr. Lloyd, of San Francisco. [Laughter.] Mr. BEERSTECHER. I am instructed to state for Mr. Flynn, that he is not a candidate for a position here, and that he does not desire to place any impediment in tne way of Judge Sharpstein. Conseouently jiis name is not before this body. He has requested me to make that statement. Mr. KLEINE. I was not aware that Mr. Sharpstein was a candidate. Mr. BEERSTECHER. I am rather surprisea at my friend Major Biggs, for he told me not longer ago than this morning that he intended to support Judge Sharpstein heartily. Mr. BIGGS. I never told you anything of the sort, sir. Whenever I am misrepresented I claim the right to be heard. It is false as false can be. Mr. BEERSTECHER. That is what I understood you. Mb. white. I desire to appeal to you, gentlemen, to do what is fair towards San Francisco. J^Cries of ** Call the roll !"] No, sir,- they come here united in putting m nomination a certain man. There was no eflTort made by San Francisco to defeat any man being nominated by other counties. Now I do appeal, in the name of justice and equality; for the sake of harmony in this Convention; for the good spirit it will engender, for you to let San Francisco have the man of her choice. Mb. terry. Mr. President: By request, I place in nomination for this position R. A. Leonard, a resident of the fourth ward, San Fran- cisco, a man of intelligence, ability, learning, and honesty. Mr. BARRY. Mr. President: In the words of my learned friend from San Francisco, I propose to stand by my guns. When the matter of filling the vacancy occasioned by the resignation of Mr. Morris was before this Convention, the friends of Mr. Lloyd placed him in nomina- tion, as a gentleman whom they said was well qualified for the position, and a man of integrity. The Workingmen of San Francisco also placed in nomination the name of Judge Sharpstein, as one who had carried a very large vote in the City of San Francisco, the largest vote, as I under- stand it, of any man before the people. They represented that he was the choice of the people, twice expressed at the oallot box, and that if this Convention desired to be governed by the will of the people we should select him. But at that time there appeared to be sufficient rea- sons in the minds of the members to reject him and select another* Now, sir, the same question comes up again to-day, and I indorse the nomination of J. R. Sharpstein now, ad I did then, believing that he combines all the requisites necessary to fill this position with credit to himself and to the people of this State. During m^ short acquaintance with him, I believe I can say he is a gentleman of integrity and ability. That he is a fine jurist, and a man of such conservative and moderate views that he will be able to render valuable service to this Convention, and to the people of thfs Slate. And, sir, in supporting him, I am warmly supfjorted by a large number of the mo^t eminent members of the San Francisco bar, some two or three of whom are upon this floor. It affords me pleasure to be able to give the indorsement of such gentle- men as are upon this floor from San Francisco, sitting as Non-partisans, who, while they are friendly to Mr. Lloyd, have also indorsed Judge Sharpstein for the position of Judge, and paid him a very complimentary vote. I have here a paper, signed by a number of eminent lawyers, warmly indorsing Judge Sharpstein for the position of Judge of the Twelfth District Court. This paper was circulated in eighteen hundred and seventpr-five, among the members of the San Francisco bar: "We, the undersigned, members of the bar of the City of San Francisco, wish to recommend to the support of the voters of tnis city and county, the Honorable John R. Sharpstein for Judge of the Twelfth District Court, the office now held by him,'' etc. Now, sir, I submit that when gentle- men of such high character as those whose names appear here, among whom I see those of Colonel Barnes, S. M. Wilson, M. M. Estee, J. W. Winans, of this Convention — when they honor him by indorsing him for the position of District Judge, that it is good evidence of his fitne^ for this pr>sition. I am satisfied that such men as Messrs. Barnes, Wilson, Eatee,and Winans would not have signed that paper unless they believed it to be true. Therefore I submit that it ought to be sufficient evidence for this Convention. I believe the gentleman is worthj^ of the very high riecommendations he then received. Mr. FILCHER. What year was that? Mr. BARRY. Eighteen hundred and seventy-five. Mr. FILCHER'. Was he elected ? Mr. BARRY. He was appointed first to this position, and then he came up for election. I was merely trying to show what these lawyers thought of him then. But the indorsement of these gentlemen was not sufficient, it seems. Mb. WILSON. The honest people, spoken of by Mr. Kleine, defeated him, notwithstanding the recommendations of the lawyers. Mb. BARRY. When they gave him as large a vote as they did, it was plain to b^ seen that he was their choice, because he ran several thousand votes ahead of any other person. I wish to read what the law- yers say about him. "John R. Sharpstein took his seat this morning. The place within the bar of the Court-room was crowded with attorneys" Mb. JOHNSON. I move that the reading be dispensed with, and that it be printed and laid upon our desks. Mb. BARRY. When the indorsement was brought here from Mari- poea County, in behalf of Mr. Howard, it seems the Convention was willing to act upon that. They were governed in their action by the petitions presented and the statement made by Judge Jones. Now they ought to be willing to hear what m'embers have to say in reference to Judge Sharpstein. [ "Objection ; " " objection." ] Mb. DOWLING. Mr. President: The name of John J. Kenny has been placed in nomination here to fill the vacant chair, caused by the death of his brother. I am personally acquainted with him; he is twenty -six years old, and follows the same profession as his brother; he lives in the same ward, and I am confident w^ill represent the wishes and views of his constituency. I will recommend him to the consid- eration of this Convention as a good and faithful representative, and one in every way worthy to be elected to this honorable position. I would not have risen in connection with this matter at all, but it has been represented here that it was the unanimous wish of that deleg£ttion that Judge Sharpstein should be chosen to fill that position. Now, a meet- ing was held and Judge Sharpstein's letter of acceptance was shown, but this vacancy is in the'fourth ward and Judge Sharpstein lives in the eighth ward, which has three representatives here now. I shall, there- fore, support Mr. Kenn^. Mb. KLEINE. I withdraw the name of Mr. Flynn, and I hope we wilf be able to elect one of our men, and not let them get away with it. Mb. HOWARD, of Los Ange][es. Mr. President: I had made up my mind to vote against Judge Sharpstein here. I thought we had exhausted the subject, but since I have learned of the indorsement of Colonel Barnes, Mr. Wilson, and Mr. Estee,- 1 must say that I cannot disregard such high authority. Mr. BARNES. Mr. President: I have no desire to enter again into this controversy ; I do not propose to do it ; I only wish to say one word with reference to this paper. Every lawyer knows that when he goes before the Judge on the oench he has the interest of his client at stake. When a petition is presented to him in favor of a man upon the bench, he cannot risk his clients interests by refusing to sign it. Mb. HOWARD. Does the gentleman mean to say that he recom- mended a person for Judge, who was totally unfit for the position, because he had cases pending before him ? Mb. BARNES. What I mean to say is this : that where a paper is put before you by the Judge's most intimate friend, it is a very risky thing, when you have clients whose interest* are at stake, to decline to sign it. We all know that the same kind of papers are circulated by almost every man who is a candidate for Judge, and there is not one lawyer in ten who would be unwise enough to refuse to sign it, when he had a large number of cases pending in the Court. He would not dare to put himself in direct personal antagonism to a Judge without doing injustice to his clients. For instance^ the friend of the Judge goes to Mr. Wilson, and he sign» his paper; he comes to me, and I think over this matter and that matter, and I don't want to have his friend go back and say, " Barnes said so and so, and refused to sign it." I know how some- times a client's case is lost because the Judge has a difficulty with the lawyers. I have seen it and felt it over and over again. These men signed this indorsement, but there was not one in ten, perhaps, who voted that way, because, when it came to an election, the result was not what might have been expected from such an indorsement as this. Now, the gentleman can criticise as much as he pleases. Mb. BARBOUR. Was that recommendation for honesty, capacity, purity of character, etc., given after the Spring Valley decision to which you referred on a former occasion in thi»Convention? Mb. B\RNES. I think it was. But the Supreme Court had put its heel upon it before that time. I have had trouble enough about this thing, and I don't care whether he comes here or not. Mb. REYNOLDS. I would like to ask a question. If, after the retire- ment of Judge Sharpstein from the bench, a meeting of the bar was not held, at which the gentleman himself was present, and if he was not one of the most complimentary speakers on that occasji^n, after Judge Sharpstein had retired from the bench, and there was no case pending before him? Mb. BARNES. I have no recollection of any such thing. On the contrary, I assisted the opposition candidate in that election. I assisted him in raising money to make the canvass. Mb. BARBOUR. What was the amount of greenbacks— how much was it? Mb. BARNES. It cost five hundred dollars to pay the assessment. Mb. REYNOLDS. I would like to ask the gentleman if that is the way he takes to win his cases? Mb. BARNES. Yes, sfr, that is the way I undertake to win that kind of a case, when my friend is a poor man, and cannot raise money to pay his assessment. Mb. REYNOLDS. Then I understand the gentleman recommended one man, and spent his money for another. Mr. BARNES. I signed the recommendation for his nomination ; I didn't care who nominated him. Mb. ESTEE. Mr. President: I not only signed that recommendation, but I remember going to the Governor of this St«te, and in the most ear- nest manner requested him to appoint John R. Sharpstein to that position. I was in the Legislature, in this room. I sought his nomination, and used all the riieans in my power to secure his appointment by the Governor, and he was appointed. I signed that recommendation; I did all I could to secure his election ; I voted for him, and worked for him. When I worked for him and voted for him, I did so upon principle; and now I am going to vote ai^ainst him, and I do that from principle. I did not introduce this Subject, but it has been brought before tne Convention, and I propose to give my reasons for .the faith that is in me. I shall vote against him mr a member of this Convention, because, at the time when there was great excitement in San Francisco, when it was feared that a large portion of the people might rise against the city govern- ment; at a period when strife and turmoil and trouble prevailed; when property and lives were in danger from the torch; when men were wild DEBATES AND PROCEEDINGS at time, sir. Judge Sharpslem appeared upon Ihe rom the bench, it might have been expecUd that If upon the side of Ian and order. Insleaii of irhn were excited and iafurialed tool without :clled upon great subjeoU— instead of telling tli ills for a lime; instead of saying to them, j it Ikix — appeal to that fir^t — as a Jud^e should •t distinct]}' that he said he waa surprised thej Instead of trying to- pacify, ha heaped fuel upon teaed to destroy the city. And for that re night name, I shall not vote for him to G1 invention. I have nothing to say againsl I have nothing to uy against these gentlei man who pursued euch a couree as Judge Sharp- trying to quiet the eicilement, and adv'-'^- knd appeal to the hallot hox for their redres flame, and said be witr surprised they had twrne R. I desire to aak you to what particular timi B not time to go through the files of papers ;■ wi stein nppearec ircd a auld place it about the i even. I don't think h had worked not the n of e Workingmen's orga not say anything aboi btic prints of Ban Francisco will show that it is San Francisco will find himself very much mis- it these statementa were not made. Any other 'e lived in San Francisco for the last ten yeari, not Bpraking of a riot. I was not there, and I do Mme to being a riot. . Freaident : I was one of those who signed that day. I recommended Judge 8harpsteiD,t>ecause t career that he was a good man for the place, sequent to that has proved a bitter disappoint- hall now vote against him. President: For ways that are dark and tricks d me to the gentleman who signed this long rec- of Judge Sharpstein. and now gives as an excuse lie refused to sign it the interenta of his clienCs m, after signing it, be turned round and ', if they did this as a simple matter of ir clients, how do we know that there is n getting this vacant seat filled by the ho will bring them voles here. These are little t they are questions that require some explana- nination of this other gentleman is concerned, I ive, as the representative party of San Francisco, Judge Sharpstein. The nomination which has nan ^r removed from San Francisco, shows what s in- Ban* Francisco, and we will soon show him te it. We have known Mr. Leonard is long as in Joaquin, and while he may be in every way V fit to nominate him. I have nothing to say lot the choice of the delegation. iou know 1 was request^ to place him in nami- lengues, Mr. StedmanT :□ my colleague will have the blame. I don't ture. If I wanted a man nominated 1 certainly itleman from San Joaquin, or any other gentle- }do it myself. That gentleman is not the choice legation. Neither of these gentlemen named are ion. 1 have not a word to say against either of no doubt, very worthy voung men, but they are re not the choice of the' people of San Francisco, it to have the man of our choice. When the 1 was to be filled, we made no nominUicn, hut .e in favor of your candidate, without a dissent- vacancy from Maripoia and Merced was to be lination, but conceded them the man whom the their choice. Kow, I ask, is it fair ; is it honor- want to know whether this Convention is going s the choice of the delegation and of the people ve the previous question. Dmor Booth in January, eightei. I bad bad some acquaintance with him before as not intimately acquainted with him. I knew He went upon tbe bench, retiring from the bar, ion for several months. In the Fall of the year, seventy-five, nominations were to be made for the ensuing election. I signed this card upon cb I always act, and that is, if a Judge basleft poHlion upon tbe bench, I always aostain him B I have some very good reason (o do otherwise. Kin that principle, and I think it is a good prin- ciple, because a lawyer who leaves bis business to go upon tbe bench, necessarily does so at tbe sacrificB of his busioess, and ought to be sup- ported. In that case I knew of no good reason for making an eiceptioo to the rule. I thought he mi^ht make« good Judge, and signed that card in good (titb, believing him to be what he was represented. And 1 voted for him besides. I have nothing now to say against him in regard to the matte™ set forth in thai card. Were his history between that time and this wiped out, I would reindorse what is there said. But altera man has been upon the bench. and has associated with such men as we have had upon the bench in San Francisco, I will nut excuse any OS being bad and corrupt men. I venture to say that there is no better set of men in the State of California, or anywhere else, than the Judges of the Courts in San Francisco. They are honest and upright men in every sense of the word. As 1 understand it. Judge Sharpstein on the stump denounced these men, declaring that they were a corrupt and Bliable i 0 find 0 n addition mong rs leferrwi to. :n:hBnt's stand- third of tbe bar The merchant goes among merchants to find another ing. No man can stand up in this world agai the best test a man can have. 1 say now tha . .__ of San Francisco will support J^dge Sharpstoin. Whatever gentlemen may say concerning the bar, 1 am satisfied of that fact. He haa fallen into disrepute among his fellows, and I do not^believe he could gel one out of ten of those who signed that card to sign a similar one now. I do not make any apolof^ lor what 1 have done or for what I do now. Mb. FREDD. Mr. President: I am not acquainted with Judge Bbarpetein intimately. I am intimately acquainted with Mr. Kenny. But, sir, in my opinion, there is a great principle involved here; it is the pame principle -upon which I acted when 1 voted for Mr. Strong. The same principle upon which I acted when I voted for Mr. Howard. 1 did not inquire into tbe character of those men; I did not inquire into their merits; it was enough for me, sir, that the gentleman from that district placed them in nomination, and indorsed them, and said that it was the wish of the people there that these men should be elected lo represent them. Now, sir, the delegation from San Francisco are almost unanimous in favor of Judge Sharpstein, and I hold that the members of this Convention will accord to us the same rights which we accorded to them. Ma. ANDREWB. Mr. President: I merely desire to make an expla- nation, because an attack has been made upon me for placing Mr. Kenny in nomination. I mode that nomination at the earnest request of a gentleman from San Francisco, a delegate upon this fioor. 1 at first objected to it, bvit waa urgently requested to make the nomination, and out of courtesy I did so. ! consider that I have a right to make a nom- }n upon this floor lo fill any vacancy that may occur here. I. STEDMAN. Mr. President : I did request Judge Terry to nom- Mr. Leonard. I did so, sir, not aa against Judge Sharpstein, but as against Mr. Kenny. I propose to vote for Judge Sharpstein, and 1 assure the Convention that I did not have him put in nomination against Judge Sharpstein. I withdraw bis nomination as against Judge Sharp- stein, but not as uainst Mr. Kenny. Mr. ROLFE. Iwish to ask whether Mr: Leonard is a candidate? Mb. STEDMAB. I have withdrawn Mr. Leonard. Mb. INMAN. I n ove the previo s quest on. The call for the pre question was ordered by the Con von Thb SECRETAKV called the roll with the following rosuU: Barbour, Harrison, aratiii.. Nelson, Barry, Heiskell, Neunaber, Barton, Herald, O'Donneti, g^rrf"' Reddy, Bell. Brown, Hughey. Ringgold, Condon, Hunter, . Smith, of San Francisoo, Cross. Joyce, Soule, Davis. Keyes. Dean, Kleine, Sweasey, Evey. Larkin, Farrell, Mansfield, Tutlle, Freeman, . McCoy, Walker, of Tuolumne, Blackmer, Burt, Caples, Chapman, Charles, Crouch, Dow ling, Doyle, Edgerton, Estee, Filcher, Gregg, Hager, Hale, Hall, Hitchcock, Holmes, Martin, of Alameda, McCallum, McConnell, McKutt, Ohleyer, Rhodes, Rolfe. Sebell, Bchomp, Bhurtleff, OF THE CONSTITUTION tuUaan, Tull;, Wells, Wickei, On« Vsoquerel, Wilson, of Tehama, Ind Van Dvke, Wilson, of first district. Kelle; Van VborhLea, Winans, Webster, Mr. President. Mb, net be Carj Mills, Smith, of fourth district. Ma. Thi Innuui. number of toWb c&st Ul iry to ft choice «1 ^rilTo .Duy received ei lyd rcoeived i Ma! !SIDENT. Mr. Kenny having rtcoived > majority of all offer i b of the Honorebls B. F. Kenny. and b ard, delegate elect to represent the Countieeof Mariposa and □e fonraid and took the usual oat of office, ftdmiuisle red by Ei; whetlj TBTLEFF. Mr. President : I mo e we adjourn. theC( md at four o'clock and twenty-fi e minutes r. »., the Con- Mr. rning, at nine o'clock and Mb, itee. Thi tobte. Ma. EIGHTY-THIRD DAY. Ma Ma, Mb. better of thi 'entlon met in regular seBBion atn neo'clock and thirty min- Hoge in the chair. Ma. afooli iraa called, and members found in attendance as rollovrs^ . Mb Thi Harvey, Porter, Thi Heiekell, Prouty, Jtew Herold, Reddy, Herrington, Reed, Th« Bilborn, Reynolds, , Hitchcock, Bhodea. Uolraea, Ringgold, Mb mitte< Howard, of Mariposa Schell, Thi Hueatis, Schomp, Hughey, Bhoemaker, Huat«f, 8hurtleff, InmM, Smith, of BanU Clara, Johngon, Braith, of *lh District, Joyoe, Smith, of San Francisco, mandB Kenny, Soule, Keye.,' Mb Elelne, Bl«ele, tion li Ldne, Stevenson, Car 8we«ey,' Urkin, Swenson, Mk. Lwue, Terry, Comn Lavigne, Thompson, Lewi4, Townsend, timet lanJo«iuin.Lindow, Tully, aroal] Jolano, Manefieia, Turner, Buppo UartiD, of Alameda, Tuttle, Martin, of 8snU Cruz, Vacquerel, desire UcCallum, Van Dyke. Mb McConnell, Van Voorhies, Ma McCoy, anoth. HcFarlnnd, Wehaler, Ma McNutt, Weller, Ma. Mills. Wellin, Moffat, West, htu*^' Moreland, Wickes, benefi Morae, White, Bo far Nuou, Wilson, otTehama, any t Seanabt,, Wilson, of lat District, O'DcmiwU, Winans. Ma Ohleyer, WVatt, paBs.f Overton, Mr. President. be?^n O'Bullivan, great Grace, Pulliam, onwii Jones, ShafUr, for CI Kolley, Stuart. until 1 McComaa, Swing. not hi Miller, Tinnrn, Ma. Marphy, Walker, of Matin, I hav KelsSni Waters. being yoel. thoN DEBATES AND PROCEEDINGS nibjbct, and I thould like to be here. I kuoir there are ■ntiDT othen that vauld hove to go home, and 1 tbink Ibis ought lo be put olf. Mr. LAREIN. Mr. President; This Is but a part of the ooureeof some eentlemen to delay and BTentuoUydefe Th« PRESIBeNT. The gent ' ' - style of remark about memtwra. of order ia making that Mb. LARKIN. I say (hat this trill eventually defeat this Coneli tion. A majority cannot aifcrd to slay here. The effect of this mot will be to compel thetn to some here and wait upon these men who hi Bought these d«lajB. Mb. TOWNSEND. Isn't there enough to oeouj Convention without bringing that upT T.. DU-TH Ti.:, r. ha]l a part of any county be united with any other county in forming a district. The Senatorial ratio of representation shall be ascertained by dividing the whole popu- Ution of the State by the number forty- The members of the Afsembly shall be apportioned among the several counties on a ratio obtained by dividing the population of the State by eighty. Every county contain- ing a population equal to one or more ratios, shall elect separately ita Eroporlion of Assemblymen allotted lo such county, as mav be provided y law. The Legislature, at its firet session after the adoption of this Constitution, and thereafter after each United States decennial census shall have been osuertained. shsU apportion the State into Senatorial and Assembly districts, in conformity with the provisions of this section. Until such apportionment shall be made, forty Senatore and eighty Asaemblymen lo constitute the first Legislature under this. Constitution shall be elected, as now provided by law. Aller the United States cen- sus of the year eighteen hundred and ninety shall be ascertained, the Legislature, by a two-lhirda vote of all the members elected to each house, may increase the Senatorial districts, and the number of Senaton lo filty, and the members of Assembly lo one hundred." ' That will permit of an increase of the number of legislators after th^ census of eighteen hundred and ninety, so that there may be ^ft; Senators and one hundred Assemblymen. If this view should be favorably entertained by the Convention, leaving section five as it ia already amended, and adopting the substitute for section six, which I have just read, it would be a Iwtlsr rule for the future than it would to leave it to that uncertain rule that has heretofore prevailed, having a contest in each Legislature in regard to representation. I therefore hope that we will not go backward now and adopt the amendment which was proposed here, taking the provision from the old Constitution, and sub- stituting it for that which has been acted upon and amended by the " '■ " '■""'■" by substituting "forty" and "eighty" in place of Mr. Chai: see the representation cut down. I wish U le all counties represented ; W^- VAN DYKE. We a all- That is in the next secti Thb chairman. The ( 1 should be representi le had better leave this matter the question of apportionment >1 Mb. BARNES. Mr. Chairman : It occurs to me that section six, ai it stands in the Constitution, substituted in place of section five, together with the substitute proposed to be adopted for section six, would be the best plan. I am aware that it would not meet the objection of the gen- considered by himself and the other gentlemen from the southern part of the State. But, Sfr, the mischief to follow from undertaking lo make Lgo that it was accomplished. U was made upon the best lights that could he obtained, but in our present situation I do not think that we have the data with which to make a change that would be satisfactorv. Now, if^section six of the old Constitution were adopted in place of this section five, then in place of this long apportionment being put into the Constitution, I would propose that we adopt a section something like this: "The number of Senators and members of the Assembly shall be fixed by the Legislature, and apportioned among the several counties and districts to be established by law according to the number of inhabit- ants. The number of members of the Assembly shall not be less than eighty, and until the Legislature shall otherwise direct, the number ol Assemblymen shall be eighty, and the number of Senators forty. And the apportionment of districts shall be as now provided by taw. The enumersticn of the inhabitants of this State shall be taken under the direction of the Legislature in the year eighteen hundred and eighty- two, and at the end of every ten year? thercader, and these enumera- together with tl " ' ■ . ■ mgressof the I „ .■, and every sub , . , eeottltion in both houses of the Legislature," Dec, 19, 1878. OP THE CONSTITUTIONAL CONVENTION. 769 I i That would make a Bjstem that is flexible. It settles the question of the number of Senators and Assemblymen, and it leaves the subject open to be adjusted as the increase of population, the growth and develop- ment of the State, might require. Mr. MANSFIELD. Wh^ do you have a census in eighteen hundred and eighty-two instead of eighteen hundred and eighty ? Mb. BARN£S. We shail have a census of the inhabitants of the State by the United States Government in eighteen hundred and eighty. That will give one basis. Of course, it would not be desirable to have an enumeration going on on the part of the State at the same time that the United States census was bemg taken. Then, if you have a State enumeration and the United States census, you have a double basis to determine the question. You have ^t two sources of information, one carried on by the State, and one carried on by the General Government in the year eighteen hundred and eighty. That idea is taken from the old Constitution. Section twenty ^eight of the article on the Legislative Department as it was adopted, reads : " Sec. 28. The enumeration of the inhabitants of this State shall be taken, under the direction of.the Legislature, in the years eighteen hun- dred and fifty-two and eighteen hundred and fifty-five, and at the end of every ten years therealter; and these enumerations, together with the census that may be taken under the direction of the Congress of the United States, in the year eighteen hundred and fifty, and every subse- quent ten years, shall serve as the basis of representation in both houses of the Legislature." That is an explanation of it, and I think it is a very just idea. We cannot depend entirely upon the census taken by the United States. I cannot avoid repeating, that it seems to me that any attempt to appor- tion the State from the very feeble and meager light afibrdea by a popu- lar vote would be a very great mistake. The vote depends upon so many circumstances, and there are so many questions as to the fairness of any election. Now, the gentleman from El Dorado said it was known that there was some fourteen or fifteen thousand fraudulent Mb. ROLFE. I rise to a point of order. Apportionment is not before the body. Thk chairman. The Chair has already decided that point. Mr. ROLFE. Goon. Mr. BARNES. Thank you! I am aware of the opinion of the Chair, but I was not aware of the decision of Mr. Rolfe. Mb. ROLFE. My decision is that you are out of order. The Chair decides the other way. Mr. BARNES. I did not propose to be bound by it,* I simply wanted to know what he thought. However, I have no more to sav, except that we ought not to deal with this question until we have the proper light upon it. REMARKS OF MR. TBRRT. Mb. TERRY. Mr. Chairman : It seems to me that there is some misunderstanding on the part of the Convention about the position in which this matter stands now. The Committee on Legislative Depart- ment reported this section : '' Skc. 3. The Senate shall consist of thirty members, and the Assemblv of sixty members, to be elected by districts, as hereinafter provid^. The seats of the fifteen Senators from the odd numbered districts, chosen at the first election under this Constitution, shall be vacated at the expi- ration of the second year, so that one half of the Senate, after the first election, shall be chosen every two years.'' The Committee of the Whole has voted that the House shall consist of eighty members and the Senate of forty members, so that of course the adjustment of districts, reported by the committee, will have to go out^ and it is not proposed by the committee, as far as I understand, that there should be a new apportionment. It would require a good deal of time. This sect^n kept back the report more than two weeks. It would require a long time to readjust this apportionment to fit forty districts. Therefore, I propose, when section six shall come up, to move to strike out all after the nmeteenth line, and to insert in lieu of it, "that until the adjustment is made by the Legislature the apportionment now provided by law shall continue in force.'' So that until after the first session of the Legislature which meets after the census of eighteen hun- dred and eighty is taken, the representation will continue as now, the Assembly consisting of eighty members and the Senate of forty. If this section six is adopted it will be the duty of the Legislature, after the next census, to make a new apportionment. Here is another section : '' For the purpose of choosmg members of the Legislature the State shall be divided into forty districts, as nearly equal in population as may be, and composed of contiguous territory, to oe called legislative dis- tricts. Each district shall choose one Senator and two members of the Assembly. The districts shall be numbered from one tb thirty, inclu- sive, in numerical order, commencing at the northern boundary of the State and ending at the southern boundary thereof. In the formation of said districts no county, or city and county, shall be divided, unless it contain sufficient population within itself to form two or more districts; nor shall a part of any county, or city and county, be united with any other county, or city and county, in forming any distfict. The census taken under the direction of the Congress of the United States in the year one thousand eight hundred and eighty, and every ten years there- after, shall be the basis of fixing and ai^usting the legislative districts; and the Legislature shall, at its first session after each census, adjust said districts and reapportion the representation, so as to preserve them as near equal in population as may be." Now, under the scheme proposed by the gentleman from San Fran- cisco, no readjustment of representation can he had until eighteen hun- dred and eighty-four; because you provide for a census in eighteen hundred and eighty-two ; so that for three sessions of the Legislature, for six years, there could be no change in the apportionment as it now is. 97 Whereas, under the plan proposed by the committee, the change could be made at the session ot eighteen hundred and eighty-two; so that instead of continuing the present representation the first session that would meet under the new apportionment would meet in eighteen hun- dred and eighty-four ; whereas, under the plan proposed by the gentle- man from San Francisco, it would be in eighteen hundred and eighty- six; so that there would be three sessions of the Legislature, necessarily, under the present apportionment, if the plan propOMd by the gentleman was adopted. Mr. BARNES. What would be the objection to the matter being postponed until there was a thorough examination into it? If com- plaints are made, examine into them carefully, and put an end to the complaints. Mr. terry. I cannot understand why the enumeration made and paid for by the United States will not be just as correct, just as thoroueh, and just as reliable, as any that will be made by the State. The taking of the census bv the State will involve a very large expense without any corresponding benefit. If the United States census is taken in eighteen hundred and eighty, that will be sufiScient without waiting for two years longer for the State to take the census, in order to make an apportion- ment. If we judge the future by the past, is there any assurance of there being anv State census taken? In eighteen hundred and forty- nine the Constitution provided for a census in eighteen hundred and fifty-two and in eighteen hundred and fifty-five, and one every ten years thereafter. Would any gentleman inform me that any such cen- sus was taken ? Mr. van dyke. It was taken in eighteen hundred and fifty-two. Mr. EDGERTON. No; and never will be. Mr. terry. Then where is the necessity of waiting for the State to do it? Mr. BARNES. Then what is the object of putting; any mandatory provision in the Constitution as to a legislative duty, if thev do not do their duty? If they do not do their duty, that is their lookout. It is for us to throw around this question all the safeguards we can. The benefit of a State enumeration of population for the purpose of having a basis of representation is, that every town and county will have an interest in seeing that it is taken. It will not be taken in the hasty and careless way in which the census of the United States is taken. Mr. terry. Mr. Chairman: It seems to me that the argument cuts both ways. If the basis of representation is fixed upon the census of the United States, then every citizen, and every town and county, has just as much interest in seeing that it is correctly taken. If the census taken in eighteen hundred and eighty by the United States is made by this Constitution the basis of representation, is not the same interest involved? Mr. BARNES. I do not so regard it. Mr. terry. Then I cannot understand it. It seems to me a self- evident proposition. It occurs to me, that with the amendment adopted by the committee, of forty Senators and eighty members, and the amendments which I will propose when it comes up to section nineteen, we will have a svstem wnieb, it seems to me from the votes already taken, meets with the approval of a majority of this Convention. If the gentleman desires to give it flexibility, there would be no objection to an addition, that the number may be increased. I cannot see any advantage which section six of the old Constjitution has over section five as amended here, because section six provides for no number of repre- sentatives. It simply says that the number of Senators shall not be less than one third nor more than one half of that of the members of the Assembly, but how man^p* Senators and Assemblvmen there shall be does not appear. The objections to section five will be obviated by permit- ting the present apportionment to stand until after the next census. REMARKS OF MR. OREOO. ^,Mb. GREGG. Mr. Chairman : The proposition is to substitute section SIX of the old Constitution in place of this section five as amended. Now, I hope that the Convention will adopt section six of the old Con- stitution. I think that the interests of the people demand that this be left flexible. As it stands to-dav San Francisco has nea.r\jr one half of th6 population of the State, and the chances are that by eighteen hun- dred and eighty she will have one half of the population of the State. If that is the case, then one half of the representatives will come from the city; in other words, the people of the State at large cannot be acquainted with their Senators ana Assemblymen. On the other hand the Senators and Assemblymen cannot know the people of the State at large. Now, the old Constitution, as it is, forbids an increase; it ought to be permitted, as it mav turn out that the people of San Francisco may be able to control the whole State. It is necessary, because that city upon the sea may grow so enormous that the people of the State will be lost. I think it is but fair that each county should have an Assembly- man. If the counties are too small we should have territorial represen- tation in the Assembly, because our interests are so diverse, and i hope that whatever apportionment is made that the Convention will keep in sight the future, and that we will not sacrifice the whole State to the great city that is growing so rapidly by the sea. REMARKS OF MR. ATERS. Mr. AYERS. Mr. Chairman : There is some force in the argument of the gentleman from Kern, Mr. Gregg, in regard to having some flexi- bility, but what we ought to meet is the radical injustice which exists in the present apportionment. We can do that here without trouble. It is not so great a work. I, myself, have spent a couple of days on the mat- ter, and I find that the apportionment is really very unequal. The gentleman, in offering this as a substitute, as I understand it, will insist upon the present apportionment lasting until after the census of eighteen hundred and eighty. The Legislature which shall meet in eighteen hundred and eighty-two will be able to apportion the State on the basis ^m^ DEBATES AND PROCEEDINGS oFthat oenaua. The Lpgislstu re elected for eighteen hundred aod ejghtj- fbur will be tlie first Legislnture elected under the new npportionmeikt. Th9 crying injuiliceof the present apportion m cut we ahull bavo con- tinued, unleai we correct it here, Tor six years longer; ami not only that, but I understand, fruin another amendment that is to be offered, thiit a cenaiis ia to be taken in eighteen hundreil and eiglily-two, and tbe i-or- reotion of the evil will then be put off two yeurs longer. I do not tbink that wliile we can ourselves correct an error of that magnitude that we ■hould remand it over for so many yeara. I think tbut it is perfectly pmper to take the electoral vote at the Preaidenlial election aa s basis "~ """' apportion the Stale. It can be done fairly, by any gen- tlen tit. Itia fair toe to some extent. I i half their repre: •o the part of t^is half represented ii ^ntal fur the nex is Con- ic of til >n,and I rention lo compel the countiea e Legislature to continue thus or eigbt years. It is our duly lien to any portion of the State, rehash of ycslcrday question has been ordered. The' . mdment offered by the gentleman from tion six of the old ConstitutioD fo Then IS noea. Tbe CHAIRMAN. tioD is on the adoption Sierra, Mr. Barry, to aul tion five of the 'report. The amendmeDt wag rejected, on a diviaion, by a vote of 31 T3noea. Tai CHAIRMAS. The aecretary will r«ad section six. Ar. ANDREWS. I concur, Mr. Chairman, fully, with the made by Colonel Ayers. I think we can remedy it here as well as it can be done by the Legislature, and foi " . _ - Mb. EDGERTON. I hope the resolutic Thi CUAIKMAN. It is not debatable. Ma. McFARLAND. I would like to h< ■tan da, or now amended. Thi CHAIRMAN. The question lion the adoption of the resolution offered by the gentleman from Shasta, Mr. Andrews. It be adopted. There a lost. ., BSERSTECHER. I have an amendment lo section fire. Thb CKAIRM.1.N. The SecreUry will read section six. Ma. HOWARD. A division was called for in time by a batf-doien. Tbr CHAIRMAX. The Chair did not recoguiie anybody or hear anytbing until the decision hod been made. The- Secretary will read Tax SECRETARY read ; Bic. 6. For tbe purpose of choosing members of the Legislature, the State shall be divided into thirty dietricle, as nearly equal in popiiiatioii as may be, and composed of conliguous territory, lo be called legialative districta. Kuch district shall choose one Benator and two members of the Assembly. The districts shall be numbered from one lo thirty, inclusive, in numerical order, commencing at the northern boundary of the Stale and ending at the aovithern boundary thereof. In tbe forma- tion of said districts no county, or city and county, shall be dividgd, unless it contain sufficient population within itself to form two or more districts; nor shall a part of any county, or city and county, be united with any other county, or city and county, in forming any district. Tbe census taken under the direction of the Cougresa of the United Stales, in the year one thousand eight hundred and eighty, and every ten years thereafter, shall be the basis of Gxitig and adjusting the legislative dis- tricts; ami the Legislature shall, at its first session afler each census, adjust said districts and reapportion the representation so as to preserve them as nearly equal in population as may be. But in making sneh adjustment no pcreons who are not eligible to become citiiens of the United States, under the naturalizstion laws, aball be counted as forming the population of any district. Until such adjustment shall be made, the First District shall conaist of the Counties of Del Norte, Siakiyou, Modoc, Lassen, Shasta, and Trinity; the Second, of the Counties of Humboldt and Mendocino; tbe Third, of the Counties of Tehama and Butte; the Fourth, of the Counties of Coluaa, Lake, and Sutter; the Fifth, of the County of Bonoma; the Sixth, of the Counties of Marin, Napa, and C'Ontra Coela; the Seventh, of the Counties of Solnno and Yolo; the Eighth, of the Counties of Sierra, Yuba, and Plumas; the Ninth, of tbe County of Nevada ; tbe Tenth, of the Countiea of Placer andEt Dorado; the Eleventh, of the County of Sacramento; the Twelfth, of the Counties of Calaveras, Alpine, and Amador; the Thirteenth, of the County of San Joaquin; the Fourteenth, of that portion of the City and County of San Francisco bounded and described as follows, to wit; Beginning at a point where Larkin street intersects the waters of the Bay of San Francisco; thence meandering along the shore of said bay, in an easterly and aoutheaaterly direction, to the point where Market street iulersects said hay ; thence along Mar) street; thence along California street lo Keam Kearny street lo Vallejo street; thence along V street; thence along Larkin street to the wat< Francisco, the piece of beginning. The Fifteentl City ond County of San Francisco bounded and wit; Begiuning at the point where Larkin si street; trience slang Vallejo street to Kearny Kearny street to California street; thence aloi Market street; thence along Market street lo olong Keamy street to Pine street; thence alon nd thence along Larkin si ■ ■■ ■• begil iiig. The iBco bounded i Pine street to Kearny street; thence along Ki street; thence ali>ngMurketstreet(o Van Ness Av< Kess Avenue to Tyler street; thence along Tyler thence along (i Fourteenth street; the ince along Ridley street lo Market street; am eet to Sixth street, tbe place of beginning. Tt rtion of the City and County of San Francisco fallows, to wit: Beginning at the point when Its the Bay of San Francisco; theneealongCha atreet; thence aloag Harrison street to Fifteentl Fifteenth street to Howard street; thenrealong 1 teenth street; thence along Fourteenth street to ssion street to Ridley street; thence al if Ridley street projected westerly to tht southerly along the PociSc Ocean to tbe souther City and County of San Francisco; thence along s "-- ■- "-- Bay of San Francisco; and thence e Bay of San Francisco to Channel stj ning. The Twenty. second, of Oakland Townshi] Tbe Twenty-thini, of all that portion of the Coui - of Oakland Township. The Twenty-fourth, 1. The Twenty-fifth, of the Counties of Mei and Tuolumne. The Twenty-sixth, of th ,Fresno,and Mono. The TwBnty-3eventh,o Crui, San Mateo,' and Ban Benito. The Twenty.) Santa Barbara, San Luis Obispo, and Montere) the County of Los Angeles. The Thirtieth, o jmardino, San Diego, Kern, and Ventura. Mh. TERRY. Mr. Chairman; I offer the folk Thx SECRETARY read; "Amend section six as follow*: First, atrike ol the second line, and insert ' forty ; ' second, strike afler the word 'made,' in the nineteenth line, e ■nt now provided by law shallw Ms. AYERS. Tut SECRETARY read "Add after the word ' made,' in the nint t of the State for legialati offer. " Senatoriai ApporiionmaiL t District — San Diego and Ssn Bernardino Dec. 19, 1878. OP THE CONSTITUTIONAL CONVENTION. 771 u I ti ** Fourth District — Fresno, Tulare^Kern, Mono, and Inyo, two Senators. " Fifth District — Mariposa, Merced, and Stanislaus, one Senator. ''Sixth District — Monterey, San Benito, and Santa Cruz, one Senator. "Seventh District — Santa Clara, two Senators. " Eighth District — San Mateo and San Francisco, jointly, one Senator. «'Ninth,Tenth,EIeventh,Twelfth,and Thirteenth Districts— San Fran- cisco (boundaries as at present), each two Senators. " Fourteenth District — Alameda, two Senators. "Fifteenth District — Contra Costa and Marin, one Senator. "Sixteenth District— San Joaquin, one Senator. "Seventeenth District — Calaveras and Tuolunane, one Senator. " Eighteenth District — Sacramento and Placer, three Senators. " Nineteenth District — Solano and Yolo, two Senators. " Twentieth District — Napa and Lake, one Senator. " Twenty-first District — Sonoma, one Senator. " Twenty-second District — El Dorado,Alpine, and Amador, one Senator. "Twenty-third District — Nevada and Sierra, one Senator. Twenty-fourth District — Sutter and Yaba, one Senator. Twenty-fifth District — Butte, Plumas, and Lassen, one Senator. Twenty-sixth District — Del Norte, Humboldt, and Mendocino, one Senator. "Twenty-seventh District — Modoc, Siskiyou, Trinity, and Shasta, one Senator. " Twenty-eighth, District — Colusa and Tehama, one Senator. ** Assembly Apportionment. "Alameda, five,* Alpine and El Dorado, one; El Dorado, one; Ama- dor, one; Butte, one; Butte, Plumas, and Lassen, one; Calaveras, one ; Tuolumne, one; Colusa, one; Tehama, one; Contra Costa, one; Marin, one; Del Norte and Humboldt, one; Humboldt, one; Mendocino, one; Fresno, one; Tulare and Kern, one; Mono and Inyo, one; Napa and Lake, one; Napa, one; Sonoma, three; Los Angeles, three-; Mariposa and Mercc^l, one; Stanislaus, one; Siskiyou ana Modoc, one; Trinity and Shasta, one; Monterey, one; San Benito, one; Santa Cruz, one; San Diego, one; San Francisco, as at present districted, twenty; San Mateo, one; San Joaquin, two; San Luis Obis^x), one; Santa Clara, three; Solano, two; Yolo, one; Sutter, one; Yuba, one; Nevada, two; Nevada and Sierra, one ; Sacramento, three; Placer, one; Ventura, one.'' BKllABKS OF MB. ATEB8. Mr. AYERS. Mr. Chairman : I have made that apportionment as nearly equal as I possiblv could from the official returns in the office of the Secretary of Slate of the votes cast at the Presidential election of eighteen hundred and seventy-six. The entire vote at that election was one hundred and fifty-two thousand eight hundred and three; divided .by forty Senators, would make the number of votes to each Senator three thousand eight hundred and twenty ; that divided by two would make the number of votes to each Assemblyman one thousand nine hundred and ten. Taking as an average four thousand for the Senator and two thousand for the Assemblyman, and approximating so as to bring the contiguous counties as near together as possible, and to equal- ize tneir representation, I have arrived at the apportionment which I have made. It increases the representation in some of the counties and decreases it in others, but it will be seen that it is not always possible to come to the exact fractions of figures in making an apportionment of this character. Wherever the fraction made enough more to give a Senator I have done it; and so with the Assemblymen. I would rather have had that apportionment referred to a committee, so that they could look over it, as 1 am satisfied it will stand the test of examination. I have placed a great ^eal of labor upon it, and I have brought to it con- scientious labor. I will state that it may be supposed that I may be greatly influenced by my desire to see Los Angeles largely represented ; out so as to let this Convention know that I have acted merely upon the figures, or what they would justify, I will state that Los Angeles polled six thousand six hundred and fifty-seven votes, which would entitle her to over three Assemblymen, and that is the same proportion that 1 have given to all the counties polling over six thousand votes. If this com- mittee does not feel that it is possible to act upon that apportionment understand ingly in Committee of the Whole, I would rather see the apportionment referred to the Committee on Legislative Department, so that they can examine it and return it to this Convention with their indorsement, for I feel sure that they will indorse it when they come to examine it in connection with the figures. Now, sir, if this apportionment should be adopted every part of this State would be as nearly equally represented as it possibly could be. It has been objected on this floor that the returns of an election are not the proper basis upon which to make such an apportionment. I believe that the returns or a Presidential election, such as the last one we had, will give a fair representation of the population of the State. The vote was a full one, and I believe represents fully the entire population of this State. Now, as to the principle of accepting election returns, I have to quote here from a gentleman who has suggested the following argu- ment: What is the purpose of apportionment? It is to fix the num- ber of those who are the rulers of the State — who shall perform the duties of rulers in the Legislature. For example: not the number of electors in the population, but the electors to be the rulers. These only adopt laws in the Legislature ; these only adopt or reiect Constitutions; those only who are electors are or can be legislators. Now, the object is to fix the number of electors who can be sent by electors to pass laws. I have nothing more to say upon this subject, Mr. Chairman, but this, that I believe that if this Convention will adopt that apportionment, it will satisfy this State, that we will save a great deal of discontent in those districts which are now inadequately represented, and that we should not delay for six years to do this act of justice. Mb. BARNES. How much do you increase the representation of the district you represent now? Mb. AYERS. I increase it from one Senator and two Assemblymen to two Senators and three Assemblymen. Mr. BARNES. Where do you get the increase from? Who do you take it from? You do not take any from San Francisco. Mr. AYERS. Because you have a vote which entitles you to that. Mb. BARNES. What part of the State do you take the members from that you add to your district? I suppose you know. Mr. AYERS. You will see by comparing. It comes from various portions of the State. Mr. BARNES. When I find that out I want to sound the alarm for the plundered districts. I understand Tulare will be shouting here in a minute. [Laughter.] BEMABKS OF IIR. BROWN. Mb. brown. Mr. Chairman : I am astonished that gentlemen speak of my shouting. The members sometimes find it so difficult to hear me that they shout " louder, louder." That I take more as a matter of applause than otherwise. [Laughter.] But in the present case I was anxious to say a few words when Mr. Van Dyke ruled me off" the floor. I thought the Chair did or I would not have taken my seat. The cry of the gentleman from Los Angeles is justice and equal apportionment. Now, sir, we find that there is an unjust apportionment, and anv mem- ber that by any amendment whatever will meet this I am satisned will answer a great purpose. It is a consummation much to be desired. I am convinced that this matter of injustice has been continued long enough, that the people for a length of time, in different portions of this State, as well as tne portion that I represent, have been anxious that they should be fairly represented in the halls of legislation; but, Mr. Chairman, it has unfortunately been that they have not. I am opposed to this thing being delayed until eighteen hundred and eighty-two, eighteen hundred and eighty-three, eighteen hundred and eighty-four, eighteen hundred and eighty-five, or eighteen hundred and eighty-six. But if a measure comes up purporting to remedy this evil, and it does not reach it, only in assertions, I will certainly oppose such.- and I will point out the objections — where it does not reach the point. Now, I nm convinced that San Francisco probably has over its proportion. It has three or four times as many in proportion to its number of inhabitants as the county that I represent. I was on the floor attempting to show before this house that there are counties here not fairly represented. I had better read this. The gentleman said yesterday : " Los Angeles has one representative to two tnousand two hundred and nineteen votes; San Francisco, one to one thousand three hundred votes; Santa Clara, one to one thousand two hundred and eighty votes; Nevada, one to one thousand and fifty-one votes; Amador, one to eight hundred and twenty- nine votes." Now, sir, Tulare County has nearly three thousand votes, or had in eighteen hundred and seventy-six, and ^et has but one representative in the Assembly on a population which is over twice as much as some of the counties spoken oi. Tulare has complained of this thing. The remedy has not been reached. Now, if Mr. Ayers would reach this I would'have no objection; I would be in favor of it; but he does not. Instead of reaching this evil, which is the greatest injustice that is on hand, so far as investigation goes, for there is not another case in which a county has had so small a representation in proportion to its large pop- ulation— if it would reach this, I would not object; but when the gen- tleman gets up and urges definitely that it will answer every thin^ in the line of justice, I must state here that he has accomplished nothing. He has given just the same as existed before. The great evil that has been complained of, and known of, and understood for years, is not reached. Mr. HOWARD. Mr. Chairman: I move that the committee rise and report back section six, and the pending amendments, to the Con- vention, with the recommendation that they be referred to the Commit- tee on Legislative Department. I believe that in an hour they can adjust it to suit everybody. Mr. EDGERTON. I hope not. The motion was lost, on division, by a vote of 35 ayes to 59 noes. Mb. DUDLEY. Mr. Chairman : I never heard of representation being based upon the result of a popular vote before. Can the gentleman tell me that he ever heard of an instance before? And as this matter was very fully discussed yesterday, I now move the previous question. Messrs. Hitchcock, Crouch, and Hale seconded the motion. The main question was ordered. Mb. EDGERTON. Mr. Chairman: I ask leave to say a few words for the benefit of the Los Angeles delegation. [Cries of " Read the amendment I "] The CHAIRMAN. The Secretary will read the amendment ofiered by the gentleman from Los Angeles, Mr. Ayers. The SECRETARY read : "Add after the word 'made,' in the nineteenth line, the following: The apportionment of the State for legislative representatives shall be made, namely : " Senatorial Apportionment, " First District — San Diego and San Bernardino, one Senator. " Second District — Los Angeles, two Senators. " Third District — San Luis Obispo, Santa Barbara, and Ventnra, one Senator. " Fourth District — Fresno, Tulare, Kern, Mono, and Inyo, two Sena- tors. " Fifth District — Mariposa, Merced, and Stanislaus, one Senator. "Sixth District — Monterey, San Benito, and Santa Cruz, one Senator. " Seventh District — Santa Clara, two Senators. "Eighth District — San Mateo and San Francisco, jointly, one Senator. "Ninth, Tenth, Eleventh, Twelfth, and Thirteenth Districts— San Francisco (boundaries as at present), each two Senators. " Fourteenth District — Alameda, two Senators, r DEBATES AND PROCEEDINGS two Senators. " Fifteeath Dirtrict— Contra Coaln and Mar "Siiteenth Dislrid— Sun Joaquin, one Sen "Seventeenth Diatrict—r»i lav eras and Tuol "Eighteenth District— Sacramento sail Pli " Nineteen til Distriirt — Solano anH Yoln, " Twentieth DiBlrict— Napa and Lalie, one Senator. "Tnentj-firat DiElrict— Sonoma, one Senator. "Twentj-tecond Ciatrict— £1 Dorailu, Alpine, and Amndor, one Sena- tor. " Twenty-third Diitriot— Nevada and Sierra, one Stnelor. "Twenty- fourth District — Sutter and Yuba, one Senntor. "Twenly-lilth UiBtricl—Butle, Plumas, and Lassen, one Senator. " Twenty -sixth District— Del Norte, Humboldt, utid Mendocinn, one ScDBtor. " Twenty-seventh District— Mwloc, Siskiyou, Trinity, and Shasta, on( " Twenty-eighth District— Colusa and Tehainn, one Senator. "AaeiMy ApportioinnenL "Alameda, five! Alpine and El Dorado, one; £1 Dorado, one; Ama- dor, one; Butte, one; Butte, Plumas, and Lawen, one; Galaverai, one; Tuolumne, one; Colusa, one; Tehama, one; Contra C^ta, one; Marin. one; Del Norte and Humboldt, one; HumboIdL, one; Mendocino, one: Fre«na, one; Tulara and Kern, one; Mono and Inyo, one; Napa and Lake, one; Napa, one; Sonoma, three; Los Angela, three; Mariposa and Mareed, oae; Blanislaus, one; Siskiyou and Modoc, one; Trinity and Shasta, one; Monterey, one; San fienito,ane; Santa Cruz, one ; San Diego, one; San Francisco, aa at preaent districted, twentv; Ban Mateo, one; 8an Joaquin, two; Ban Luis Obispo, one; Banta' Clara, three; Solano, two; Yolo, one: Butter, one; Yuba, one; Nevada, two; Nevada The amendment w Tbr SECRETARY read: " Amend section aii, as follows: Firat, strike out the word 'thirty, In aecoiid line, and inaert ' forty ;' second, strike out all of said section •Rar the word ' made,' in the nineteenth line, and insert 'the apportion ment now provided by law shall continue in force.' " Adopted. r. Chai « that I will a Ma. PILCHER. I have an amendment to offer. Thi secretary read : "Insert in the sixteenth line, after the word'be,'the words; 'Pro- vided, however, that no one county shall have a greater representati in the Senate than one fifth of the Senators.' " Mb. HALE. I second the amendment. Ma. FILCHER. Mi. Chairman: I helieve, sir, something covering this idea is necessary in a Stale situated as we are here in California. The object of this amendment is not to deprive San Francisco of repre- sentation sufficient for her protection, assuming that she bases protection on the strength of her representation, hut, sir, it is to protect, mutually, San Francisco against the interior, and the interior, on the other hand, against San Francisco. Now, sir, we can easily see that a great com- mercial center such as San Francisco is or may be, might in the future years contain a minority of the State of California, and under such cir- cumstances would necessarily have a majority of both branches of the Legislature, and under such circumstances we can readily see, without argument, what the consequences might be. Not only might she impose upon the country, hut she might impose damnation on San Francisco herself, for I assert that past experience has proven that the very repre- sentatives of San Franoiaoo have proved her worst enemiea. San Fran- cisco has been here praying the members from the interior to save he more than once, and Irequeniiy worst character averted from her I would give to San Frani just proportion of mei majority, let her have a majority IS »he been save ;X" :r great mbers of the house on her population. If it )f the Assembly i if two thirds, __ n that house; and in that house she wou Id be able to protect herself against any imposition that perhaps the interior might see fit to practice upon her. On the other hand, the interior woult" always be pmtecled by holdina four fiflhs of the Senate. Therefore measures emanating from Ban Francisco directly in the interests of Ihi oommercial center, and directly opposed to the interests of the interior, might be knocked in the bead. The Senate wnuld stand, sa ft should stand, a conservative body, calculated in itj . •lone the interior, but the whole State, frpm any scheme. ' The very theory and basis of our representative Senate is that it should ' ■ervalive in its nature, and 3^t it is plain that no conservatism ca from selRsh motives. Several of tlie States, I understand, ini Illinois, New York, and Pennsylvania— States which have withi limits large commercial centers, as, for instance, Chicago in I New York City in the SUle of New York, Philadelphia in the SUIe of Pennsylvania — have been compelled to move in this direction lo protect the whole common wealth against the prominent influence of these cities. While the people of tlio interior have been apprehensive of it, they have never made any grievouseomplaint; yet they are apprehe-"-- '- -' — the rapidity with which San Francisco ia grow the near future San Francisco will possess a i tn of this coast, and in such an event gentleii lat the Legislature might be perhaiK robbed o ball contain forever a representation in proportio ;vertheless be provided that not in auy event ivc more than one tilth of the mem here oC the I Ma. ESTEE. Mr. Chainiion: I really do not material the people of Placer County are couipot that they were all citizens of the United States, s of Cntifoniia. I had supposed that Ihcy were mei dren made in the same way and possessing the i rights we do, not by any machine process when much more rapidly than elsewhere; hut I am i guished friend from Placer, that unless llie.v hav I'lacer County can represent its deserted mining in the Senate, that iliey lose the balance of pi department of the government Sir, for ouo, a:i ask no favors for San Francif - 1 titled to. nothing from San Francis. anal a paK of this them and no more. She is entitled t- is a part of the same people, and the people of and the valleys ought to be pmud of her. She i mercial marts of the world. The great interests center there, and she is entitled lo the same n principle of representative government, in eve The floating population cannot vol« unless length of time ; and if they float dawn there fr of respect for the mountain districts, they ought if they have been there long enough. The il tlemaii from Placer was a very unfortunate oni is eiprenly provided that the Stale shall be d torial districts, as nearly equal in population as of New York, the City of New York never did h not more than one fifth, if as much. There ii population in the State of New York, and the only aixtut one million. So far as Illinois is con an opportunity to examine the Constitution in I is one proposition that is certain, and that is, thi of government, the right of representation is tb the people, and that right rests npon popnlsti Francieco shall be entitled to only one Gith of II when she has a greater population, would be to San Francisco, the principal interests of San Fra of San Francisco, the manHfacluring interoels of and the o I cannot conoeive that any considerable numb< floor will sustain any Buch proposition. I look to say that if such a proposition was inserted in t felt sure — and I speak of it kindly — that the ( such a proposition would not rei^eive a handful o pajiers of San Francisco already have taken up discussed it. Ma. FILCHEB. Allow me to read the provii of Pennsylvania. Section seventeen, of article tt senlative for every full ratio. Every city contaii shall elect separately its proportion allotted t more thai dred thousand ii unty i) irately its J located. leentatives, and every count; ball be divided ii representativea." Ma. USTEE. That is so. That does not ans^ 1 still repeat — and if Judge Hager will read it I the representation in Pentisyivania is according divided just as I slated. I have but one word n this: that I cannot imagine why one section of ciple of government, should not be entitled to I as any other section, and 1 warn the gentleman fr takes to inflict such a penalty for the growth of t will not b« endured. I warn him that the pe< portion of this 8tat« — claim to be the equals of t portion of the State. That equality must be repi tur« of the State. Ma. FILCHER. I simply want to know thi Mr. ESTEE. That ia what you want. Is County to give Ben Francisco her just representi is unfortunately living in a small county. Ma. HAGER. Mr. Chairman: Iregret.sir.th be brought up here in this debate, as if it was n Francisco in order to settle the justice or equi What has that to do with itT It reminds me of i Francisco was the subject of a great many debal Legislature. I have never discovered from exp Dec. 19, 1878. OF THE CONSTITUTIONAL CONVENTION. 773 cisoo was indebted to the countrj for its preservation. I admit that San Francisco has been sometimes l^ly represented in the Legislature, but I assert also that the country has been quite as badly represented. Some of the most odious laws that have ever been imposed upon San Fran- cisco have been passed by the country members against the protest of the delegation from San Francisco. The Second street cut — look at that I It stands there staring you in the face. It was forced upon us against the protest of the San Francisco delegation in the Senate. Ma. EDGERTON. No, sir. Mb. HAGER. I know that I was against it; I know that it was imposed upon us Mb. hale. Will the gentleman allow me to ask him a question? Will you please state the vote cast from San Francisco in the two houses on that measure? Mr. HAGER. I say that if it had not been for the country members that law would never have passed, because San Francisco did not have representation enough to pass the bill, if they were disposed to, without the votes of the country. Without the votes of the country it never would have passed at all' But there it stands to-day, a disgrace to the Legislature, a disgrace to the State, a disgrace to the city — that Second street cut. I deny that the City of* San Francisco is indebted to the country for her preservation. There may be bad men in the City of San Francisco, and perhaps there are a great many bad men in the balance of the State. We are here for the purpose of adopting a Constitution to be reoommended to the people of the State of California, that will be just in all its provisions, and in all its parts; and I hope I will never narrow my mind to so low a plane that I cannot hear the call for justice of every portion of the State of California, and I hope to be the last to make any mvidious distinction between one portion of the State and another. Suppose San Francisco contained a million inhabitants; whose fault is that? Has not the member from Placer an equal right to go there with his household gods and make that his home? Is not San Francisco open for all ? Why not leave your mountain homes if you do not like them ? I once lived in the mountains and I was just as happy there, and if it was my desire I would go back there again. But that has very little to do with this question. I have contended that the proper manner of arranging the basis of representation is that which is contained in the Constitutions of the States of Pennsylvania, Missouri, and others, upon a ratio of population. Let there be a Senatorial ratio, and if there is a number of Assemblymen to be elected let there be an Assembly ratio. Suppose our State is composed of eig^ht hundred thousand inhabitants, and you have forty Senators. Divide the eight hundred thousand by forty and you have the ratio for districts, and divide the State into forty Senatorial districts, the ratio would be twenty thousand. Is not that right? Now in reference to the Assembly. Suppose there are eight hundred thousand, and you want eighty Assemblymen ; divide the State into eighty Assembly districts. In that Way you have ten thousand as the ratio of Assembly inen. But we are told San Francisco will get an undue proportion — undue in proportion to population — because there are Chinese. Exclude the Chinese. I do not object to that. But if you cannot assail the proposition on the ground of justice and equality, why not adopt it? Now, the rule in Pennsylvania- is as I have stated, and the Quotation of the gentleman . from Placer is not to the point. In the sixteenth section of article two, it is provided that " the Senatorial ratio shall be ascertained by dividing the whole population of the State by the number fifty." Now, their Senate is composed of fifty; the House of Representatives, two hundred. Now, if eighty Assemblymen are not enough for the State of California, to satisfy every man, then it is proper to increase the number, if you see fit, to one hundred, or two hundred, that every man may have a representation there. I do not object to that. If the number is too small to give a fair representation, make it one hundred, two hundred — anything you choose; but base it upon some fair principle, and then I will vote for it. I will give every county in the State a representative, but increase your number of Assem- blymen so that you can make every county; entitled to a representative. Now, the gentleman read this from the Constitution of Pennsylvania : "Every city entitled to more than four representatives, and every county having over one hundred thousand inhabitants, shall be divided into districts of compact and contiguous territory, each district to elect its proportion of representatives according to population ; but no district shall elect more than four representatives." It does not deprive the City of Philadelphia, or any other city, of its just proportion of representation in the Legislature. No man can get up here and advocate the proposition that because a county contained a large number of inhabitants her representation must be cut down, on any just principle, unless he violates what I have recognized as a fun- damental principle of constitutional law, that taxation and representa- tion shall go together. If you want to deprive San Francisco of her just representation here reduce her taxation in proportion, and then it would not be so bad. But you levy upon us nearly one half of the taxes of the State, and now say we ought not to have a fair representation in the Legislature under the Constitution. Mk. PORTER. Does not that Constitution of Pennsylvania restrict the number of Senators in any one city to one sixth ^all the Senators? Mb. HAGER. If it is there I have not seen it. If the gentleman «can find it there he is at liberty to do so. Mr. ESTEE. There is nothing of the kind there. Mr. HAGER. Mr. Chairman : I was going to ask how many amend- ments are pending now? Thb CHAIRMAN. One, at present Mr. HAGER. Then I ofier this as a substitute for section six. Thb secretary read : " Sbc. 6. For the purpose of choosing members of the Legislature the State shall be divideci into forty Senatorial districts of compact and oon- ti^oua territory, as nearly equal in population as may oe, and each district shall be entitled to elect one Senator and two members of the Assembly. The districts shall be numbered consecutively from one to forty, commencing at tbe northern and ending at the southern boun- dary of the State. In forming such districts no county shall be divided unless entitled to two or more Senators ; nor shall a part of any county be united with any other county in forming a district The Senatorial ratio of representation shall be ascertained by dividing the whole pop- ulation of the State by the number forty. The members of the Assem- bly shall be apportioned among the several counties on a ratio obtained by dividing the population of the State by eighty. Every county con- taining a population equal to one or more ratios shall elect separately jts proportion of the Assemblymen allotted to such county, as may be pro- vided by law. The Legislature at its first session after the adoption of this Constitution, and thereafter after each United States decennial census shall have been ascertained, shall apportion the State into Sena- torial and Assembly districts, in conformity with the provisions of this section. Until such apportionment shall be made forty Senators and eighty Assemblymen, to constitute the first Legislature under this Consti- tution, shall bedected as now provided by law. After the United States census of the year eighteen hundred and ninety shall be ascertained, the Legislature, by a two-thirds vote of all the members elected to each house, may increase the Senatorial districts and the number of Senators to fifty, and the members of the Assembly to one hundred." Mr. HAGER. Mr. Chairman : I think that is just to the whole State. If any gentleman will put in an amendment that aliens shall not be classed as population I will accept it. Mr. van dyke. Mr. Chairman: We, of Oakland, are not at all jealous of San Francisco, because we calculate, in a few years, that we will have more population than San Francisco, and we are afraid that this amendment will apply to Oakland; we shall oppose it for that reason. But, really, I again warn the delegates in this Convention, that if they want to have this Constitution adopted, not to attempt to depart from the plan of representation based upon population, because it must be apparent to all that if vou change that rule which has been in vogue for years you will defeat the Constitution. Mr. ESTEE. Mr. Chairman : I call attention to section six, of article four, of the Constitution of Illinois. It says: ** Sbc. 6. The General Assembly shall apportion the State every ten years, beginning with the year eighteen hundred and seventy-one, by dividing the population of the State, as asoertaineH by the Federal census, by the number fifty-one, and the quotient shall be the ratio of representation in the Senate. The State shall be divided into fifly-ono Senatorial districts, each of which shall elect one Senator, whose term of office shall be four years. "^ Sections seven and eight provide for minority representation. That is only a limitation as to the size of the district. And I challenge any gen- tleman to find any State where the people of any locality is not the ratio upon which the representation is based. Mr.EDGERTON. I call the attention of the gentleman to the fact that in the Senate of the United States each State has but two Senators, no matter whether it has got a hundred thousand or a million popula- tion. Mr. ESTEE. That represents State sovereignty; I do not know of such a thing as county sovereignty. RRUARKS or MR. BDOBRTON. Mr. EDGERTON. And the thing is that it was designed as a check upon the popular branch. I do not believe that the Senate should be upon the oasis of population at all. It should be so constituted as to operate as a check upon the popular branch. The gentleman from Ala- meda warns this body Mr. van dyke. Does tbe gentleman suppose that if we attempt to deprive the people of that city of their just representation that they will vote for this Constitution? Mr. EDGERTON. I am now talking of the principle of iustioe, and making a good Constitution, which, I suppose, animates tne breast of every gentleman in this Convention. Now, as to San Francisco and the injuries that city has suffered on account of the country members, I have this to say : there never has been a time in the history of the legislation of this State, so far as I know anything about it, and I have been there two or three times, when the delegation from that city could agree upon anything at all, and the more numerous their representation has l^en the greater has been the conflict They have got one third of the Senate Mr. ESTEE. One fourth. Mr. EDGERTON. Well, one quarter, then. They never agree upon a proposition, hardly, and no country member can really tell what the interests of that city require, and they have to guess at it; they have to go in and combine with one party or the other as to some measures which they have. Mr. AYERS. Is it not a fact that the country members, as they are termed, have freouently come in to.save San Francisco? Mr. EDGERTON. t was going to say that San Francisco has been saved time and time again, and the city members have acknowledged, over and over again, that, but for the interposition of the country del- eeations, San Francisco would have been sacrificed. I do not recollect the year that the bill for the Second street cut went through. While Judge Hager was addressing the Convention I was under the impression that a large majority of the San Francisco delegation, in both bodies, supported that measure. I know, at all events, that a large number of the people of San Francisco were here in these lobbies and endeavoring to get votes for that measure from the country delegations. Mr. BARNES. Do you remember what the political complexion of that delegation was? Mr. EDGERTON. My impression is that it was Democratic. I have had nothing to do with politics for the last ten years, and cannot say jjositively. DEBATES AND PROCEEDINGS Mb. AYERB. Does the Beiitlsnian recollect how the San FraQci»oo delegation stood on tho bulkbead bill. Mr.KDGERTON. Almost unanimously. Mr.Pa^,>ii theSaiiate,and on« or (vo otb era, opposed it. Now, Mr. Chairman, it is a little invidious to talk about lapBlative iniquities. I do not believe in tbree quarters of tkem, as I had occasion to say Ihe other day, but ! believe that it would be safe Ui say that fire sixths or perhaps nine tenths of the iniquitj done in the Legislature oomes from the City of San Francisco, abd is supportad by the people living in that city and county. And now, air, theoretically, upon this question o[ the constitution of tlie Senate, it seems to me that it should be so constituted as tu form a check upon the popular branch. 1 think four or five members from Ban Krancisco could represent Ban Francisco in the Senate as well as forty. There voald be a greater unanimity in the delegation, and the interests of the citT, so far as that body is conceraed, would be batter representod than it ii'witb the quarter of that body, as it is now. 1 would like to hear the amendment of Ihe gentleman from Placer read once more- Ma. HOWARD. Mr.Chairman: I am opposed to tbisamendment of the gentleman from Placer, because it is a violation of principle, and one which I oonsider to be gross. You rannot go and say to the population of any county, you shall not have repreeentalion according to your population, because your population is large. That may be a reason for changing the form of the government, but it has no application upon Srinciple to apportionment. It is groaaly improper. Now, suppose itiey id have a large Senatorial representation in San Francisco, what of it? They pay taxes there in proportion and they have rights in proportion, and especially they have the right of political justice. Now, sir, I am opposed to cutting down the Senate. I would be in favor of the propoattion of my colleague from hot Angeles, to increase the Senate wherever it is necessary to destroy the present gross injustice and inequalities where they eiisL I am opposed to a emnll Senate, for the reason that we know, in this State, that all Ihe attacks upon the integrity of the Legislature have been made by the corporations in the Senate. They liava lefl the House and have gone lo the Senate, because they say the Senate being a smaller body does not require so large an investment. 1 nm in &.vor of a proportionate represenlalion in the Jfouss aceording lo population. M«. UUESTIS. Mr.Chairman: The ar^ meat used by the ^ntle- man in support of Ibis proposition,! '' '■' ' :-•— • ■■- ■>■ argument Miat wo* used m relation lo Ma. HOWARD. I do not know th alter the logic of the gentleman from Ma. HUESTiS. 1 called attention Ma. HOWARD. I am not under obligation What 1 say is, that it is not sound policv lo redui reduce the number in San Francisco, why, doesn't it reduce the SenaleT I do not know that it would be any safer in Placer or in Los Angeles than in 6nn Francisco. All I say in relation to Los Angeles is Ibis, that you have not done Justice to Los Angeles. Mr. EDGERTOS. I was in the Legislature when this present appor- tionment was made, and the delegation from Los Angeles cordially and unanimously assented lo it. It is based upon the census of eighteen hundred and seventy — the only practical basis that could be taken — and they agreed to it as a just basis of apportionment, and if there is any injustice, it is that injustice which has come from changes of population, elc.j and which other sections of the State probably feel as much at Los Ma. HOWARD. Does it follow that because a county grows that the apportion ment, without regard to Ibe increase of population, is lo be ■dbered toT '.. EDGERTON. That is not my position. What I say is, that Los '-= "•-= -""■iiig more lo comptain of than some other oounlies, and lo attempt to tioker it up here on the basis of a popular vote. I am in favor of waiting until eighteen hundred and eighty, when another census will be taken under the direction of the Congress of the United SUtes. Ma. HOWARD. It cannot be unjust to do it according to a popular " ' ■" will apply as well loone county as another, where there h and an increase of population. Everybody knows that n to look it, and I would like l« u anything. Unitllf^tat. delus Ma. EDGERTON. Could that be any greater delusion than the pop- ular vote of eighteen hundred and seventy -six? Ma. HOWARD. Yes. I will tell the gentleman why. Because, in a general election, the voters are all brought out, and it is a fairer index than any censiii taken by the United Stales Government. The censm lakers are poorly paid, and everybody knows that the census is not just nor truthful. Ma. EDGERTON. Then the gentleman would base the representa- tion upon the vole rather thnu upon population. Ma. HOWARD. I say that the vole is a truer test even than the census of the United States. Ma. EDGERTON. Upon what basis! Mr. HOWARD. Upon the basis that the people come out and vote, and that the census laker does not get all the names. Mb. EDGEHTON. Does not the gentleman know that in one oounty the voting population is most nil the population there is in it — that it does not number any women and childtenT That rule would operate the greatest kind of injustioe to Los Angeles. Ma. HOWARD. I do not know any such thing. M». EDGERTON, Everj-body else knows it. Ms. HOWARD. In some counties there may be a larger male than female population ; but it is not very few. 1 say that the vote, at the Presideuiial election, is a truer test of the actual population than the census taken, in tlie bungling way in which the census of Ihe United Stales is taken by the Marshals. There is a gentleman in this Convention from one of Ihe counties above here, who says that Ihe census laker who had been appointed, came to him and asked hini to write it up for him ; that there was not enough pay in it for him to go around and lake the names. He wrote it up, and the result was that it was the beat taken census in the SUto. Now, what couHdence is there in any such census as that? It is notorious that the census of Ihe United States as to Ma. dMITH, of Santa Clara. Mr. Chairman: I move Ihe previous The motion was seconded by Mcssn. Hunter, Tutly, O'Donnell, and as been ordered. The quea- an is upon the adoption of the amendment offered by the gentleman om Placer, Mr. Fifcher. The amendment was rejected by a vote of 4S aves to ti noes. Tbi CHAIRMAN'. The question recurs on theadonlionof the amend- letit offered by the gentleman froBi San Francisco, Mr. Hagcr. The amendment was rejected. Ms.ROLFE. Mr.Chairman: I have an amendment to oSer. Tai SECRETARY read : " Amend section six as follows : Strike out all after the word ' no,' at the end of line sixteen, and before the word 'shall,' in line eighteen. rt Ihe w Mh. ROLFE. I offered ti Durpoee of avcriding the mistake 'ay: "But in making such adjustment, no alien shall be o . inning the population of any district." Now, 1 do not mean this as any particular point against aliens, and I am also in favor of excltidiug Chinese. I am op|>oaed lo enumerating Chinamen in adjusting the representation of the Slate. Certain por- tions of our Stete are too easy of access to Hongkone. This section, if adopted, provides that the census, taken under the direclion of the Congress of the United States, shall be the basis of fixing and adjusting the legislative districts. Kow, if 1 am correct, the census of Ibe Uniled States never affords any information as to w'hom are eligible to bemme citizens of the United Stetea. I do not think it gives the race. It may that are certainly eligible to become ciliiensof the Cnited States. Now, I think the safest plan is the one I offer, because we have but very few aliens in this State excepting Chinamen, and the census of the United States shows just how many aliens there are, and I first thought of making my amendment so as to allow those who had declared their intentions to become citizens of the United States, to be enumerated, but I believe the census of the United Slatea does not afford any infor- mation upon that point. Therefore, if we make it aliens — simpiv enumerate citiiens of the United Slatea who are residents of the United States. I think it will be the best and the fairest apportionment, piv- vided we wish to exclude Chinamen, although I do not intend to clasa all other aliens with Chinamen. It seema to me that this is the only way we can strike at them. Mb. TERRY. Mr.Chairman: Theobjection to the proposition ia, that it would exclude not only all those who havedeclared their intentions to become ciliienB,butit would exclude the families of many citiiens. For instence, a man arrives here and becumee a citizen of the United Stales; bis children, born in the United 8tates,are aliens until they beocme twen- ty-one yea™ of age, and all of the families are aliens. You exclude the families of those who have actually become citizens. I suppose the abject was to reach that class of people who are not permanent residents — who form no part of Ihe permanent population. They are here to-day, and there to-morrow; but it ia a sort of floating population lliat ought to be reckoned in. 'That, I presume, is all that was intended by this Ma. O'DONNELL. Mr.Chairman: It appears to me these aliens are considered a portion of the population of the Btete. 1 see there is a great deal of contention here among the country members, and they get up here and state that San Francisco has more than her portion of repre- sentation. 1 Bay that is false. She pays more than one half of the texes, and she has got nearly one half of the population, and she has only one quarter of the representetion in the State. You know that to be a fact. Why do you get up here and say that we have got more than ourportion of representation? The population of San Francisco is nearly three hundred thousand. The population of the Stete is seven hundred thousand, nearly. We pay more than half the taxes of the SUte. . San Francisco is the most troubled city in the world. The country drives their paupers upon us; we take care of their paupers. Talk about San« Ma. INMAN. Paupers are not before the bouse. 1 hope the genUe- man will confine himself to the subject. Mb. O-DONNELL. What is the subject? I guess you don't know, yourself. Aliens, I am referring to — most of them are paupers. Mb. ROLFE. As I aupposed this had been an oversight and would be corrected — as 1 understend from the explanation of the Chairman of the Committee on Legislative Department— and they undenitand it to he correct as it is, with the permission of the committee I will withdraw my amendment. r Dec. 19, 187S. OF THE CONSTITUTIONAL CONVENTION. 775 No objection vas made* and the amendment was withdrawn. Mb. BARNES. I desire to offer a substitute for the section as recom- mended bj the committee. Ths SECRBTARY r«ad : " Substitute for section six the following : "The number of Senators and members of the Assembly shall be fixed by the Legislature, and apportioned among the several counties and districts to be established by law, according to the number of inhabitants. The number of members of the Assembly shall not be less than eighty, and until the Legislature shall otherwise direct, the number of Assembly- men shall be eighty, and the number of Senators forty. And the appor- tionment of representation and the ap|K>rtionment of districts shall be as now provided by law. The enumeration of the inhabitants of this State shall betaken under the direction of the Legislature in the year eighteen hundred and eighty, and at the end of every ten years thereafter; and these enumerations, together with the census that may be taken under the direction of the Congress of the United States in the year eighteen hundred and eighty, and every subsequent ten years, shall serve as the basis of representation in both houses of the Legislature." Mb. BEERSTECHER. I second the amendment. I move that the committee rise, report progress, and ask leave to sit again. The motion was lost. BBUARKS OF MB. BHUBTLBFr. Mb. SHURTLEFF. Mr. Chairman : I am opposed to the provision in the Constitution allowing the Legislature any discretion to increase the members of the Senate and Assembly beyond that fixed in the old Constitution. The old Constitution provided that at the first election there should be sixteen Senators, and that after the population of the State should reach one hundred thousand then at such ratio that the whole number of members of the Assembly should never be less than thirty nor more than eighty. The first Legislature, at one rush, carried it up to the maximun^ Perhaps it was iustiflable, but I recollect that there were many taxpayers who thought that the Legislature was a little rash in increasing it at once to the maximum. There are certain con- siderations why we should be careful in inserting such a provision as that in the Constitution. A great many members of the Legislature are candidates for reelection to that ofiioe, and there are some who would be willing to seize upon any opportunity to increase the number of representatives, in order to increase their own chances of being returned. It carries with it a change of district which may, in many instances, be reTY agrjaeable to their aspirations. Now, it is said that this is a great State, and we contemplate a very great increase of population. It is a great State, but not comparatively so. The State of California to-day, although she has been in the Union twenty-nine years, is, comparatively — sneaking of the white popula- tion—rather a small State. There are fiiteen States in the Union with over a million inhabitants, and acconling to the census we stand the twenty- fourth State in the Union. Our increase has not been very rapid; considering the richness of its mines and its agricultural interests, I am compelled to say that California is not, comparatively, a large State, There is nothing in the future that naturally, for the next twenty-five years, calls for this elasticity, as some term it, in the Constitution. Ij'ow you Vill observe, by looking over the Constitutions of various States, that jf^enerally a Constitutional Convention is called as often as about once m twenty-five or thirty years. For the most part, necessary amend- ments are reached through the Legislature, and the people ratify their action in case of necessity. Something has been said here about the vote being an evidence of population. I will read from the statistics to show what the vote has oeen, beginning with eighteen hundred and sixty. In eighteen hundred and sixty the total vote cast for President in this State was one hundred and eighteen thousand eieht hundred and forty. Gentlemen will bear in mind that at that time the colored popu- lation of the State had no vote. In eighteen hundred and sixty-four, the total vote was one hundred and five thousand nine hundred and seventy -five; in eighteen hundred and sixty-eight, one hundred and eight thousand six hundred and sixty; in eighteen hundred and sev- enty-two, ninety-five thousand eight hundred and six ; and in eighteen hundred and seventy -six, the total vote was one hundred and fifty-five thousand eight hundred. Now we see by going back to eighteen hun- dred and sixty there was no great increase of votes, and when you look at it closely you will find that it will not be imperatively necessary to increase the representation either in the Senate or Assembly. We do not increase as fast as some of the northwestern States. The State of Wisconsin, two years older than California, has a million and a quarter of inhabitants to-day, and it is estimated that we have eight hundred thoaaand. The State of Minnesota, that has a snow bank six months in the year, to-day is not a great ways behind California. Tracing the history of the State back twenty-nine years, and looking forward, gen- tlemen, I do not think that it looks reasonable that there would be any need of placing this elasticity in the Constitution to increase the repre- sentation in either house. Mb. BARNES. Mr. Chairman: I move that the committee rise, report progress, and ask leave to sit again. ^'^'^' IN CONVENTION. Thb PRESIDENT. Gentlemen: The Committee of the Whole have instructed me to report that they have had under consideration the report of the Committee on Legislative Department, have made prog- ress, and ask leave to sit again. The Convention then took the usual recess until two o'clock p. m. AFTERNOON SESSION. The Convention reassembled at two o'clock p. u. President Hoge in the chair. Roll called, and quorum present. Mr. John J. Kenqy, duly elected as a delegate to fill vacancy from San Francisco, after taking and subscribing to the usual oath of office, took his seat as a member of the Convention. LBGISLATIVB DKPABTlfEXT. Mb. terry. I move that the Convention resolve itself into Com- mittee of the Whole, the President in the chair, for the purpose of further considering the report of the Committee on Legislative Depart- ment. IN COMMITTEE OF THE WHOLE. Thb chairman. The question is on the amendment proposed by the gentleman from San Francisco, Colonel Barnes. * THB PBEVtOUS QCBSTIOH. Mb. LAINE. On that amendment I move the previous question. Seconded by Messrs. Evey, Ha^r, Van Dyke, and Heiskell. Thb chairman. The question is. Shall the main question be now put? Carried. Thb chairman. The question is on the adoption of the amend- ment. Lost. OBQANIZATIOR^— BULBS, ETC. The chairman. The Secretary will read section seven. The secretary read : Shc. 7. Each house shall choose its own officers, and judge of the qualifications, elections, and returns of its own members. The chairman. If there is no amendment, the Secretary will read section eight. The secretary read : Seo. 8. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide. Tub chairman. If there are no amendments, the Secretary will read section nine. The secretary read : Sec. 9. Each house shall determine the rule of its own proceeding, and may, with the concurrence of two thirds of all the memlNsrs elected, expel a member. The chairman. If there are no amendments, the Secretary will read section ten. The secretary read: Sec. 10. Each house shall keep a Journal of its own proceedings, and publish the same, and the yeas and nays of the members of either bouse, on any question, shall, at the desire of any three members present, be entered on the Journal. Mb. REYNOLDS. Mr. Chairman : I move to add the following. The SECRETARY read : " Add to the section : * Any member may dissent from and protest against any act or resolution which he thinks injurious to the public or to any individual, and may have such protest and his reasons therefor, without alteration, commitment, or delay, entered on the Journal.' " BElfABKS OF MB. BETNOLDS. Mb. REYNOLDS. Mr. Chairman : There is no such provision found anywhere in the report of the committee, and in order to save any ques- tion that might arise in the course of the deliberations of the Legisla- ture as to the right of a member to have his protest entered against any action which ho deems injurious to the public of to any citizen, I offer this amendment so that there may be no doubt about it, provided such a provision should not happen to be inserted in the rules of the house. And for authority I will refer to the fact that this identical proposition is found in the Constitutions of fifteen States at the present time. Mb. LARKIN. I am opposed to the amendment offered bv the gen- tleman. It would make a very lengthy Journal if any member might enter a written protest to every measure which does not suit him. The rules of the house are a sufficient protection to the members, aud it is unnecessary to be embodied iil the uonstitution. Mb. REYNOLDS. I will simply state this facL The rules of the house do not sufficientlv protect tne members. The rules of the house simplv provide that the member may protest, but not that he may spread it upon the Journal. And it so happens, sir, that at the last session but one there was a new Court creat^ for the City and Countv of San Francisco— a Criminal Court. The Act was passed by both houses, and sent to the Governor for his signature. But it was passed and went to him in such a shape that he positively refused to sign it. It gave the most monstrous and exclusive jurisdiction in certain cases, and for that reason the Governor refused to sign it. By a joint resolu- tion that bill was taken back, and it was then amended by the Clerk, and then, without ever having been repassed or sent to the other branch of the Legislature, it went to the Governor, amended by the Clerk, sufficiently to obviate the objections raised by the Governor, was signed by him, and became a law. And a member who knew all these tacts, protested against the action of the house, but not having the privilege of putting that protest on the Journal, a record of it was never kept. Mb. EDGERTON. The gentleman will allow me to correct him. He is entirely mistaken in regard to that bill. That bill was passed at the unanimous request of the San Francisco delegation; and as to the error he alludes to, it was corrected by a joint resolution passed by a unani- mous vote in both houses. Mb. REYNOLDS. I thank the gentleman for the correction, which is not a correction. The bill was brouglft back upon a joint resolution, but it was not corrected by a joint resolution. I had occasion to exam- ine that record, and I know whereof I speak. The law creating the 776 DEBATES AND PR0CEEl5lNGS Thursday, City Criminal Court never passed the Legislature. And that is the reason why there ought to be such a provision as this. It is a privilege that every member ought to have granted to him. Every member should have the privilege of showing on the Journal, if the house has acted contrary to law, doing an injury to the public or to some individ- ual. These are reasons enough why the amendment should be adopted. Mr. lark in. My sugg^ion is that the rules of the house sovern that matter. I am in favor of going still further, and providing that no bill shall become a law, unless pa^ed by the ayes and noes, and that will indicate the vote of each member, and do away with the necessity of such a provision as this. I don't think any bill should become a law unless passed by the ayes and noes in«each ^use. With that provision ea«h member would he present and indicate n is own vote. Mb. McCALLUM. I will ask the gentleman, Mr. Larkin, if he is not aware that in this report that is alre^pr provided for. More than that, it ought to be required to pass by a m^ority of all the members elected to each house. In the i^sence of the Chairman of the committee I have simply to say, with reference to this proposed amendment, that section corresponds with section ten of the present Constitution. The same line of argument which the gentleman has just made, was made use of in the committee, and we could not see any application of the amendment. I do not suppose the committee will change the section — I beg leave to correct myself— I thought Judge Terry hod left. [Laughter.] Mr. ROLFE. I wish to offer an amendment. Thk secretary read : ** Add the following : * provided such protest shall not contain a stump speech.' " [Laughter.] Thk CHAIRMAN. Out of order. The question is on the amendment offered by the gentleman from San Francisco, Mr. Reynolds. Lost. The chairman. If there are no further amendments the Secre- tary will read the next section. MEMBRBS EXEMPT FROM ABBEST. The secretary read section eleven as follows: Sec. 11. Members of the Legislature shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest, ana shall not be subject to any civil process during the session of the Legislature, nor for fifteen days next l>efore the commencement and after the termin- ation of each session. The chairman. If there arc no amendments the Secretary will read the next section. riLLIKO VACANCIES. The secretary read section twelve as follows: Sec. 12. When a vacancy occurs in either house, from any cause, during the session of the Legislature, the house in which said vacancy occurs shall proceed immediately to elect, from the constituency deprived of representation, a member to nil said vacancy for said session, if the Legislature is not in session at the time the vacancy occurs, the Gov- ernor, or the person exercising the functions of Governor, shall issue writs of election to fill such vacancy. Mr. DUDLEY, of San Joaquin. I move to strike out section twelve, and insert the section of the old Constitution. The secretary read: " Sec. 12. When vacancies occur in either house, the Governor, or the person exercising the functions of the Governor, shall issue writs of elec- tion to fill such vacancies." Mb. DUDLEY. That, Mr. Chairman, is the old Constitution. I move to strike out the section reported by the committee. I am not in favor of placing any such power in either house. BEMABKS or MR. FILCHEB. Mb. FILCHER. Mr. Chairman: With all deference to the gentleman, I think, in view of the experience of California, there is merit in section twelve. We had here— only during the last session, I believe— during the sitting of the Legislature, certainlv four, and I am not sure but five deaths, and to fill one or two of these vacancies — three of them, I believe — special elections were called at great cost to the people of these counties. Indeed, sir, the cost was so great that there was a desire on the part of the people to evade the responsibility ; and in the case, I believe, of Amador County, left without representation, the Governor, in deference to the will of the people, and the expressed wishes of the people of that county, took it upon himself to violate the plain letter of the Constitution. And yet there was no serious complaint. He did so, and was almost unanimously justified. Now, to meet a contingency of that kind, this new section to the Constitution is proposed. If a death occurs a few days before the close of the session, I contend there is no alterna- tive for the Governor, if he is to strictly conform to his oath, but to issue an election proclamation. And since these things are liable to occur; since we have had expressions from the people that they would rather temporarily forego representation than to have this extra expense heaped upon them — I say it becomes us to insert that clause. The committee refused to give that power to the Legislature in all cases. It is only in oases of ur^ncy or necessity. They may act on petitions in making these selections. The Legislature, in calling this Convention, no doubt acted upon their own experience, when thev provided that the Conven- tion should fill vacancies. They were no doubt induced to do so from the result of experience, and the complaints arising from former actions. Now, sir, it is in deference to that sentiment, so clearly expressed, that this amendment is offered. Has that privilege been abused in an^ case by this body? Is there any evidence that we have abused the privilege ? Is there any evidence that the gentleman chosen to fill the seat of Mr. Strong was not a fit representative — a satisfactory representative — to his constituency 7 Is there any evidence that the gentleman from Alameda is not a satisfactory representative to the people? Have there been any complaints here from the people that they would rather have had the power of choosing for themselves? And yet all these vacancies were filled under the same rule which we here provide for the Legislature. I ask, in the case of Mr. Strong and Mr. Kenny, would it have been wise to send back to their counties and impose the expense of a special elec- tion, for the short time yet remaining of the session ? I say, sir, that the people will indorse the proposition, especiallv those who have had expe- rience with special elections. I hope, in de/ense of this section, that the representatives from Santa Clara, and Alameda, and Amador, will rise and inform the Convention as to the sentiment of the people on this matter. Mb. WEST. If a vacancy is filled by the Senate, will the candidate so elected remain and fill the unexpired term, or only during the session during which he was elected? Mb. FILCHER. Under that provision, he will fill the position during the entire term. I would have no objection, so far as I am concenied, to an amendment providing that he should only hold for the remainder of the session. I nnd it so provides here, upon closer examination. It is plain. The primary obiect of the amendment is simply this: to save money ,* to economize, and at the same time without restricting unneces- sarily the rights and privileges of the people. The right of the people to be provided with representation is provided for better than in tne old section. In case a member dies two weeks before the session closes, you can see how utterly impossible it would be to have an election ; and yet, by this means, it is possible for them to have a representative on the Boor the very next day, and it would be the duty of the Legislature to fill the vacancy at once. BEMABKS OF MB. WEST. Mb. west. I hope the amendment will prevail. I believe the Leg- islature entirely incompetent, as this Convention is, however able they mav be, to judge of other matters, to elect a member to a deliberative body, to represent a constituency of whose wants they are entirely igno- rant. I believe the people of the counties woul^ be better off without any representative until the next election, if there is not time to call a special election. They had better spend the time and money necessary to an election than to have the vacancy filled by some political hack belonging to the dominant party, who could get in no other way. I hope the amendment will prevail, and that the people will have the power to elect their members to both houses of the Legislature under all circumstances. BEMABKS OF MB. HEISKKLL. Mb. HEISKELL. Mr. Chairman: I regret exceedingly to have to differ with the committee, but I hope the substitute will prevail. It is, in my opinion, a blow at the representative character of our government, to which I cannot consent. There is no certainty that the people will be represented when a vacancy is filled by the Legislature, and to be mis- represented is far worse than to be unrepresented. BEMARKS OF MB. CBOSS. Mb. cross. Mr. Chairman : It seems to me, sir, if there is any branch of the government in which the people ought to be directly interested by their votes, it is in the Legislative Department. That is the true idea of popular government. Now, we have Known cases where sucfi rules prevailed — that, for instance, where the Democratic patty is in the minority in a particular district to be represented, the House or Senate has elected a man to fill that place from the minority party, contrary to the wishes of a majority of the people of that district. And it is e<|ually true, in cases where the Republican party happens to be in the minority, that the House, if a vacancy occurs in that particular dis- trict, will do the same thing, if it happens to have the power. I think it is much better to leave them vacant than to fill these seats with persons who do not represent the people, and that very frequently occurs under such a rule as this proposed by the committee. Now, the aihendment that is offered is the same provision as in the old Constitution. And, sir, it is a very proper provision, in my judgment, to have members elected by the people whom they are to represent, and only by such men as they may elect. Now, the gentleman from Placer raises a oues- tion. He compares the filling of a vacancy in this bodv to that of filling a vacancy in the Legislature. This body has elected a man who has been rejected )>y the people whom he attempted to represent, and rejected a man who Was the choice of the people. I will further inform him that we di^ our best to elect a man who would properly represent the people. As to the question of expense, I will say, so far as I am con- cerned, that I do not deem that oi so much importance as it is to have the principles of our government sustained. Let us establish the right principle of representative government here, and let us stand by those principles. The people are in favor of economy, but a representative government costs something. The fact that it costs something ought not to deter us. We can afforcf to pay something, in order to sustain those Frinciples. That is why Legislatures and Conventions are organized, am in favor of the amendment. I believe in having this in the new Constitution exactly as it is in the old. BEMABKS OF MB. BROWN. Mr. brown. Mr. Chairman: It seems to me, sir, that we are mak- ing an innovation, the end of which no man can tell. It appears to mo that in the report of the committee the principles of republican govern- ment have been departed from. Now, for instance, suppose the majority of the members of the Legislature to be Republican, or a majority Demo- cratic, it is to be supposed at once that the body has full power, and would exercise that power, to elect a man of the political sentiment which the majority thought right. And in this way a Republican county or Senatorial district mi^nt be deprived of its choice of a man of the political sentiment which it approved. Now that would certainly be improper. It is certainly an aggression upon American liberty, and ought not to be tolerated. We should look at this thing as it is. As to Dec. 19, 1878. OF THE CONSTITUTIONAL CONVJINTION. 777 I a few dollars and cents coming into consideration, it ought not to be mentioned. What if it doeacost a few dollars, the people will elect their own men to represent their wishes, wants, and sentiments. I say this section is contrary to the spirit of republican government. With due respect to the committee, it is contrary to everything we have been taught to believe is right. It is wrong to deprive the people of a repre- sentation, and it is wrong to force a man upon them that they do not want. I hope the substitute will be adopted. BEUARKS OF MR. IICCALLUM. Mr. McCALLUM. Mr. Chairman : I must concede that the argument is a very plausible one, and if the proposition was to make a serious innovation from the general rule of electing legislative officers, I would myself oppose the report of the committee. I am of the same view with regard to any radical innovation. But when this section is carefully read, gentlemen will see that it is the only remedy for a great evil which the committee propose to cure. It is not a simple question of economy, though that is very serious. In our county a vacancy occurred at the last session, which was filled near the end of the session, at a cost, I believe, of between two and three thousand dollars. In the County of Santa Clara two vacancies occurred. I believe I am authorized in saying that those who have had experience in that way have had enough of it. I prefer this course, outside of the mere considera- tion of dollars and cents. It is economy of time. Now, remem- l>er, we have provided for a sixty days' session of the Legislature. These vacancies have to be filled by the Legislature only during the session, and at the next general election the vacancy will be filled by the people. The law requires thirty days' notice for an election. The Legislature is not in session but sixty days. You give thirty days' notice, after a reasonable time, and the meinbers elected will have but a few days of that session to serve, in an^ case. As the law now stands it is imperative that the Governor shall issue a writ for a special election. That is the amendment oficred, and that is the present Constitution. In those cases where the vacancy occurs towards the end of the session, it is a serious question whether the Governor shall obey the mandates of the Constitution or not. Sometimes he would not do it, and if he docs not choose to take that responsibility, and disregard the Constitution, he puts the people of the county, or of the district, to a very heavy expense, without any real benefit being realized from his action, because the member hardly gets here before the term expires. Why, sir, this idea was illustrated by the election in this Convention. There was a neces- sity, if the people were to be represented at all, that they ought to be represented at once. We have nlled those vacancies, and I cannot see wny the intimation should be thrown out here that we have not acted wisely and well. I have never heard any complaints. I know the Convention has acted intelligently in this matter, with a desire to do what is right. In our county, these special elections, the people won't attend them, and you do not in fact ^et an expression of the popular will. The opposition to this section is based, in the main, upon the theory that ir they are to be appointed by the Senate or Assembly there might be a person of different politics chosen from that which prevails in the county or district. Perhaps even that would not apply, m view of the fact that there is always such a small vote. But that is a mere partisan view, unworthy the consideration of this Convention. As to the idea of its being unrepublican, from the very necessities of the case we have to have officers appointed, and there are cases in which our Constitution requires them to be appointed. If a vacancy occurs in the office of Secretary of State, State Treasurer, or any of those offices, what is done? It is republican to elect in all these cases, but the Gov- ernor appoints for the time being. That is all there is in this proposi- tion. It is only for the time being. When we consider that the session will only be sixty days, you will readily see that very often a district will have to go unrepresented. It will save a heavy expense in every case, and I consider it oueht to stand. The CHAIRMAN. The question is on the adoption of the substitute. Division being called for, it was adopted by a vote^of 65 ayes to 38 noes. The CHAIRMAN. The Secretary will read the next section. The secretary read: Sec. 13. The doors of each house shall be open, except on such occasions as in the opinion of the house may require secrecy. The CHAIRMAN. If there is no amendment, the Secretary will read the next section. The secretary read : Sec. 14. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sitting. Mr. LARUE. I move to amend as follows : The SECRETARY read : "Amend by adding: 'Nor shall the members of either house draw pay for any recess or adjournment for a longer time than three days,' " The CHAIRMAN. The question is on the amendment. Adopted. Mb. AYERS. I move to amend by adding, after the word "sitting," the following: " unless by a two-thirds vote of each house." The chairman. The question is on the adoption of the amend- ment. Mr. AYERS. There may be floods or other calamities in this State, which might make it necessary for the Legislature to adjourn to some other place. The amendment was lost. The chairman. The Secretary will read section fifteen. third reading of bills. The SECRETARY read section fifteen, as follows: Sec. 15. No law shall be passed except by bill. 98 Any bill may originate with either house, but may be amended or rejected by the other, and on the final passage of all bills they shall be read at length, and the vote shall be by ayes and noes separately, and shall be entereills in the Enrolling Committee's hands at one time at the last end of the session, when it is almost impossible to accomplish the work. They have to employ men from the outside to assist— — Mr. ANDREWS. I wish to ask the gentleman a question. Do jou not know, in your legislative experiences, cases that required immediate action by the Legislature? Mr. HAGER. Sometimes, I believe, I have known that to occur, where bills have passed in emergencies; where it was said that it was important that it be done at once. I have known such instances. But in looking over these provisions I see some that I think it would be well for us to adopt in this State. I do not know of any State where they do not rec^uire that a bill shall be read on three different days. I thought it was in our Constitution, but it seems it was only a rule of the House and Senate. I know they were required to be read by the rule, and I presumed it was in the Constitution. I should like to have incorporated nere an amendment requiring all bills to be referred to a committee, and to be printed before they shall be finally passed. Others go to the extent that all amendments shall be printed, and that may be a precaution well enough to observe. In Missouri and Pennsylvania they require that ail amendments shall be printed, and engrossed before the house takes action, or either branch. I hope the amendments will prevail requiring a bill to be read on three different days, re<^uiring it to be referred to a committee, and requiring it to be printed, in order that the house may know what they are acting upon, in order to prevent this hasty legisla- tion that has from time to time crept in, in the course of our legislative experience in this State. REMARKS or MR. BI0O8. Mr. BIGGS. Mr. Chairman : Consistency is a jewel. In eighteen hundred and sixty-nine-seventy, the first day of the session, a bill was introduced here, and my friend from San Francisco, Judge Hager, came from San Francisco, and urged the great necessitv of passing that law, and it passed immediately. My worthy friend. Judge Hager, done that, and I appeal to him now if it is not customarv for the legislature and parliamentary bodies to have their rules so that all bills shall be read and printed; and I ask him if that is not the best guarded clause in the United States. That old Constitution of Missouri, where it required a majority of all the members of each house — isn't that a safe- guard? Then the ayes and noes has to be called. Does the gentleman now propose that every bill shall be read, section by section, three days? He has been a legislator, and knows parliamentary rules. It is first read by title, and before it is finally passed it is read section by section, and it is unnecessary to tell the Legislature, when they have the power to establish their own rules governing the sessions of the Legislature, that all bills shall be referred to committees, that all bills shall be printed, and all amendments printed. More than that. We want to nave every vote recorded. I want my friend. Judge Hager, to be con- sistent. When he came here, he came here and almost mduced me, to get me to vote for an unconstitutional bill. He recollects it. He came ere with tears in his eyes and begged me to vote for the lottery bill. Mr. BARNES. Allow me to make an observation. He says the bill was an unconstitutional bill. On the contrary, it was a constitutional bill, so held by the Courts of this State, and the debates of the Conven- tion that passed the Constitution will show that the clause against lot- teries was a lottery maintained by the State, and not private lotteries. Mr. biggs. My friend is a great lawyer, and he can make black while and white black ; but I tell him the Constitution of California says there shall be no lotteries. I hope this amendment will not pass. Mr. hager. Now, in regard to that lottery bill, the committee that were interested in the library — and I believe it would have gone under — came up with a bill for a gift enterprise — not a lottery — for the purpose of saving that institution. I introduced that bill for a gift enterprise. The bill originally was drawn for the purpose of inaugurating a gift enterprise for the purpose of savin|^ the library from being sold for debt. It didn't originate with me, but I introduced it. Bible for it to that extent, was so declared. But it was not and held myself respon- unteonstitutional and never Dec. 19, 1878. OF THE CONSTITUTIONAL CONVENTION. 779 . BXMARKS OP MB. BEBR8TKCHEB. Mb. BEKRSTECHER. Mr. Chairman: I cannot understand the objections made by my friend from Shasta, Mr. Andrews, to the amend- ment offered by the gentleman from San Francisco, Mr. Reynolds. The amendment desires merely to guard agaifist hasty legislation. Hasty legislation has been the curse of this State, and the curse of several States in this Union, until they have been obliged to guard against it. Now, all that the amendment of Mr. Reynolds contemplates is merely that every proposition introduced into the Legislature shall be printed. That it shall be read three times before it is put upon its final passage; but in case an emergency exists it can be avoided by a two-thirds vote. And I don't see any objections to that. In fact, everything stands in favor of it. It prevents hasty legislation. It allows members to have printed copies put upon their desks, and then they are able to consider them fully and read them. A bill is introduced and kept in the hands of the Clerk, and he reads it, and it is put upon its passage, and no one sees the bill until it is enrolled, and oftentimes an entirely different bill is enrolled than the one passed. An entirely different Act becomes a law without the Assembly contemplating it. This is a guard put on the Legislature. It prevents and guards against hasty legislation. It seems to me that this should be adopted. Mr. O'BONNELL. I move the previous question. Not recognized. BRMABKS OP MB. BETNOLDS. Mb. REYNOLDS. Mr. Chairman : It seems as though every person has spoken who wants to speak upon the amendment, and I would like to rerer the Committee of tne Whole to the authority of more than half or about two thirds of the States of this Union that have provisions of this kind in their Constitutions — twenty-one States and several others besides, but I have twenty-one States here now. And I deem this mat- ter of enough importance to refer you to a few of these authorities. Ala- bama, Kentucky, and Texas provide that no bill shall have the force of law until on three several days it shall have been read in each house. Arkansas, every bill or joint resolution shall be read three times on dif- ferent days in each house, unless two thirds of the house shall dispense with that rule. That is precisely the amendment here. Now I will omit a few that have the same thing, and come down to Illinois — " Every bill shall be read at large on three several days." Now, I do not ask that in this provision. I onl^ ask that it shall be considered on three several days. But as a substitute for reading the bill at large on the second and first days, I propose that it be printed. But the Constitu- tion of Illinois provides not only that it be read at large on three several days, but printed too. " Every bill shall be read at large on three differ- ent days in each house, and the bill and all amendments thereto shall be printed before a vote is taken on the final fjassage." And so on down the list of twenty -one States. "Every bill shall be fully and distinctly read on three different days, unless in case of urgency, three fourths of the house shall have d ispensed with the rule." Constitutions of Nebraska and Ohio. Now, I deem these authorities sufficient for us to establish this rule. It is to prevent.hasty legislation. It is to prevent legislation that should not be passed ; but in case of urgency, upon a call of the ayes and noes, the rule that they shall be considered on three different days may be suspended. THR PBEVIOUS QUESTION. Mb. 0' don NELL. I move the previous question. Seconded by Messrs. Van Dyke, Smith, of Santa Clara, and Weller. Thr CHAIRMAN. The question is. Shall the mam question be now put? • Carried. « The chairman. The first question is on the amendment offered by the gentleman from San Francisco, Mr. Reynolds. Division was called, and the amendment was adopted by a vote of 00 ayes to 42 noes. Thb chairman. The question is on the amendment to the amend- ment. Mb. CONDON. I accept the amendment of Mr. Reynolds, as it embodies the same principle. The amendment to the amendment was adopted. Mb. SCHELL. I offer a further amendment. The secretary read : " Strike out in the first line the following words : ' No law shall be passed except by bill.' " Mb. SCHELL. I don't suppose there was ever a bill introduced into the Legislature and became a law except by bill. The reason I move to strike out these words is, that they are absolutely unnecessary and superfluous. Mb. LAINE. There is a case of a joint resolution. One of the larsest grants the railroad companies now have was made by joint reso- lution. Mr. JOHNSON. I would suggest to Judge Schell that the Pennsyl- vania Constitution has the same provision. The amendment was lost. Mr. HARRISON. I offer an amendment. Thr secretary read : "Strike out all that part commencing with the word 'and' in the second line, and ending with the word 'Journal ' in the fourth line, and then insert a new section, to be numbered section sixteen. 'Every biU'" Trr CHAIRMAN. That is not an amendment to section fifteen. Mr. HARRISON. The only difference betweefl mine and Mr. Rey- nold's is, that I leave part of the original section stand, and introduce an additional one. The additional section makes the matter more full. The chairman. The question is on the amendment. Lost. The chairman. The Secretary will read section sixteen. ▲PPBOVINO BILLS. The secretary read : Sec. 16. Every bill which may have passed the Legislature shall, before it becomes a law, be presented to the Governor. If he approve it he shall sign it; but if not he shall return it with his objections, to the house in which it originated, which shall enter the same upon the Jour- nal and proceed to reconsider it. If, after such reconsideration, it again pass both houses, by ayes and noes, by a majority of two thirds of the members of each house, it shall become a law, notwithstanding the Gov- ernor's objection. If any bill shall not be returned within ten days after it shall have been presented to him (Sundays excepted), the same shall become a law in like manner as if he had signed it, unless the Leg- islature, by adjournment, prevents such return, in which case it shall not become a law unless the Governor, within ten days after such adjournment (Sundays excepted), shall sign and deposit the same in the office of the Secretary of State, in which case it shall become a law in like manner as if it had been signed by him before adjournment If any bill presented to the Governor contains several items of appropria- tion of money, he may object to one or more items, while approving other portions of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to wnich he objects, and the reasons therefor, and the appropriation so objected to shall not take effect unless passed over the Governor's veto, as hereinbefore provided. If the Legislature be in session, the Governor shall transmit to the house in which the bill originated, a copy of such statement, and the items so objected to shall be separately reconsidered in the same manner as bills which have been disapprovea by the Governor. Mb. SHURTLEFF. I offer an amendment. The secretary read : " Strike out in the sixth line, after the word ' nays,' the words ' a majority of,' and insert after the word ' house ' the words 'voting there- for,' so as to read as follows : "Sec. 16. Every bill which may have passed the Legislature shall, before it becomes a law, be presented to the Governor. If he approve it, he shall sign it; but if not, he shall return it, with his objections, to the house in which it originated, which shall enter the same upon the Journal and proceed to reconsider it. If, after such reconsideration, it again pass both houses, by yeas and nays, by two thirds of the members of each house voting therefor, it shall become a law, notwithstanding the Governor's objection. If any bill shall not be returned within ten days after it shall have been presented to him (Sundays excepted), the same shall become a law in like manner as if he had siened it, unless the Legislature, by adjournment, prevents such return ; in which case, it shall not become a law, unless the Governor, within ten days after such adjournment (Sundays excepted), shall sign and deposit the same in the office of the Secretary of State, in which case it snail become a law in like manner as if it had been signed by him before adjournment. If any bill presented to the Governor contains several items of appro- priation of money, he may object to one or more items, while approving other portions of the bill. In such case he shall append to the bill, at the time of signing it, a statement of the items to which he objects,3and the reasons therefor, and the appropriation so objected to shall not take effect unless passed over the Governor's veto, as hereinbefore provided. If the Legislature be in session, the Grovemor shall transmit to the house in which the bill originated a copy of such statement, and the items so objected to shall be separately reconsidered in the same manner as bills which have been disapproved by the Governor." • Mb. SHURTLEFF. The object of the amendment is to correct the phraseology. As it reads, it does not appear very creditable. Mb. hale. As I understand the effect of it, it is to not allow a bill to be passed over the Governor's veto by less than two thirds of the members of each house. BEMABKS OP MB. BEEBSTECHEB. Mb. BEERSTECHER. Mr. Chairman : It seems to me the amend- ment proposed entirely changes the section as it now stands. It says, by a majority of two thirds of the members of each house. Thai means two thirds elected to each house. Not merely two thirds of the members votinz. But by the amendment of the gentleman from Napa, exactly half the members elected to each house could walk out of the room, and allow the other half to vote, and two thirds of those remaining would have a right to carry the bill over the veto. I do not believe we desire to do any such thing as that. We desire to have two thirds of all the members elected, and if you change the phraseology in this way you will entirely change the meaning of the section. BEMABKS OP MB. WEST. Mb. west. Mr. Chainnan: The remarks of the gentleman from San Francisco are correct Now, there is no gentleman who has had any experience in a legislative body but knows that a very important bill may be passed when there is a bare quorum present. And by the same rule a bare quorum could pass a bill over the Governor's veto. I think if members will look at this matter the^ will see the necessity of a pro- vision that will require a two-thirds majority of all the members in order to pass a bill over the Governor's veto. Mb. van dyke. It does not change that at all. The members of each house never has been understood as all the members elected to eacJi house, and the object* of the amendment proposed is to remove the ambiguity. Mb. FILCHER. I wish to call attention to this fact, that if this phraseology is wrong, we have been working under it for twenty-eight years in California, lor it is precisely the same as in the old Constitution, which reads: "If, after such reconsideration, it again pass both houses by a majority of two thirds of the members of each house present," etc The committee thought it was better to leave out the word " present," so as to require a two-thirds vote of all the members elected to each house. r Dec. 20, 1878. OF THE CONSTITUTIONAL CONVENTION. 781 Mr. REYNOLDS. I will say that this aiDendment is clearly in accord with the intention of the committee, because they struck out of the old Constitution the word " present." That word was left out purposely and intentionally. Ms. ED6ERT0N. Then I will say that they didn't more than half do their work. If they meant it, why didft't they say so in plain EnfflishT Ma. REYNOLDS. That is precisely what this amendment is attempt- ing to say. Ms. WILSON. It would only require twenty-seven to constitute two thirds of the Senate. Ma. McCALLUM. I wish to corroborate the statement that when we said two thirds of the members of each house we meant two thirds of the members elected to each house, and not two thirds of those who happened to be present But there is ambiguity there, and it is becom- ing worse confounded. I undertake to say that it is the desire of the Committee of the Whole that it shall be two thirds of the members elected to each house. Now, if that is the judgment of the Committee of the Whole, then we ought to adopt the amendment proposed by Mr. Revnolds. Mr. HAGER. Mr. Chairman: I stated here before that I was opposed to the amendment proposed by Mr. Reynolds. I have changed my mind. I was of the opmion that it ou^ht to be two thirds of the members present, but upon reflection, I think it better to adhere to the rules adopted by most of the recent Constitutions. I find such a provi- sion in the Constitutions of Missouri and Pennsylvania. They require a two-thirds vote of all the members elected to each house, upon which the ayes and noes shall be recorded. Upon reflection, I am inclined to support the an^endment. Thi CHAIRMAN. The question is on the adoption of the amend- ment proposed by Mr. Reynolds. Adopted. Mr. freeman. I move that the committee now rise. Ayes, 57 ; noes, 57. The Chair voted in the negative, and the motion was lost. Thb chairman. The Secretary will read section seventeen. TBI FOWKB OF IMPBACHMRIIT. Thb secretary read : Skc. 17. The Assembly shall have the sole power of impeachment, and all impeachments shall be tried by the Senate. When sitting for that purpose the Senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two thirds of the members elected. Mr. AYERS. I move that the committee rise. Lost. Thb secretary read : Sbc. 18. The Governor, Lieutenant-Governor, Secretary of State, Controller, Treasurer, Attorney-General, Surveyor-General, Justices of the Supreme Court, and Judges of the Superior Courts, shall be liable to impeachment for any misdemeanor in office;^ but judgment in such rases uiall extend only to removal from office and'disoualincation to hold any office of honor, trust, or profit under the State; but the party con- victed 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 Iiegislature may provide. Mr. AYERS. I move that the committee rise. Lost. Thb chairman. If there are no amendments, the Secretary will read the next section. Thb secretary read : Sbc. 19. No Senator or member of Assembly shall, during the term for which he shall have been elected, be appointed to any civil office of profit under this State, which shall have been created, or the emolu- ments of which shall have been increased, during such term, except such offices as may be filled by election by the people. Mr. EDGERTON. I move that the committee rise. Lost Mr. west. There are some of these sections that require amend- ment Section eighteen will require amendment Thb CHAIRMAN. The Secretary will read section twenty. Thb secretary read : Skc. 20. No person holding any lucrative office under the United States, or any otner power, shall lie elip^ible to any civil office of profit under this State; provided, that officers m the militia, to which there is attached no annual salanr, or local officers, or Postmasters whose com- Sensation does not exceed five hundred dollars per annum, shall not be eeroed lucrative. Mr. BARNES. I don't imderstand' that provision, that officers and Postmasters shall not be deemed lucrative. Mr. white. I move the committee rise. Mr. west. Mr. Chairman : Before we pass to the next section I hope the Convention will calmly consider, lor there are some of them n that need amending. Section eighteen needs amending, as well as others. Thb secretary read section twenty-one : Sbc. 31. No person who shall be convicted of the embezzlement or defalcation of the public funds of this State, or of any county or muni- cipality therein, shall ever be eligible to any office of honor, trust, or profit under this State, and the Iiegislature shall provide, by law, for the punishment of such embezzlement or defalcation as a felony. Mr. LARUE. I wish to offer an amendment Thb secretary read : " Insert alter the word 'municipality,' the words ' or any sayings bank or trust fund.' Mr. DUDLEY, of Solano. I offer a substitute. Thb secretary read: "No public officer, nor any person who is holding a position of trust, and as such has been the collector or receiver of puolic money, shall be eligible to any office of trust or profit in this State, under the laws thereof, or any municipality therein, until he shall have accounted for or paid over all public moneys, for which he may be accountable. The Legislature shall provide, by law, for the punishment of embezzlement or aefalcation of public funds as felonies." Thb chairman. The question is on the adoption of the amend- ment of the gentleman from Sacramento. Mr. McCALLUM. I move that the committee rise, report progress, and ask leave to sit again. Carried. IN CONVENTION. Thb PRESIDENT. Gentlemen : The Committee of the Whole have instructed me to report that they have had under consideration the report of the Committee on Legislative Department, have made progress, and ask leave to sit again. adjournmbnt. Mr. walker, of Tuolumne. I move we do now adjourn. Carried. And at four o'clock and fort^-five minutes p. m. the Convention adjourned, until to-morrow mommg, at nine o'clock and thirty minutes. FRBSBNT. Hall, Porter, Harrison, Harvey, Heiskell, Herold, Prouty, Pulliam, Reddy, Reed, Herrington, Hilbom, Reynolds, Rhodes, HitcHcock, Ringgold, Rolfe. Holmes, EIGHTY-FOURTH DAY. Sacrambkto, Friday, December 20th, 1878. The Convention met in regular session at nine o'clock and thirty min- utes ▲. M., President Hoge in the chair. The roll was called, and members found in attendance as follows : Andrews, Ayers, Barbour, Barnes, Barry, Barton, Beerstecher, Belcher, Bell, Berry, Biggs, Blackmer, Boggs, Brown, Burt, Caples, Casserly, Chapman, Charles, Condon, Cowden, Cross, Davis, Dean, Dowling, Doyle, Dudley, of San Joaquin, Lindow, Tuttle, Dudley, of Solano, Mansfield, Vacquerel, Dunlap, Martin, of Alameda, Van Dyke, Edgerton, McCallum, Van Voorhies, Evey, McConnell, Walker, of Marin, Farrell, McCoy, - Walker, of Tuolumne, Filchcr, McNutt, Webster, Finney, Mills, Weller, Freeman, Moffat, Wellin, Freud, Moreland, West, Garvey, Morse, Wickes, Glascock, Nason, White, Gorman, Nelson, Wilson, of Tehama, Grace, Neunaber, Wilson, of 1st District, Graves, O'Donnell, Winans, Gregg, Ohleyer, Wyatt, Hager, Overton, Mr. President. Hale, AB8RNT. Boucher, Jones, O'Sullivan, Campbell, Martin, of Santa Cruz, Shafter, Crouch, McComas, Stuart, Eagon, McFarland, Swenson, Estee, Miller, Swing, Estey, Murphy, Terry, Fawcett, Noel, Waters. UovTATd, of Los Angeles, LEAVB OF ABSBNCB. Leave of absence for one day was granted Messrs. Howard, of Los Angeles, and Terry. Two days' leave of absence were granted Messrs. Estee and Swenson. Six days' leave of absence were granted Messrs. Stuart and Martin, of Santa Cruz. Howard, of Mariposa, Schell, Huestis, Schomp, Hughey, Shoemaker, Hunter, Shurtleff, Inman, Smith, of Santa Clara, Johnson, Smith, of 4th District, Joyce, Smith, of San Francisco, Kelley, Soule, Kenny, Stedman, Keyes, Steele, Kleine, Stevenson, Laine, Sweasey, Lampson, Thompson, Larkm, Tinnin, Larue, Townsend, Lavigne, Tully, Lewis, Turner, 782 DEBATES AND PROCEEDINGS EridaV, Mr. Jones was granted indefinite leave of absence, on account of sick- ness. THE JOURNAL. Mr. GORMAN. Mr. President: I move that the reading of the Jour- nal be dispensed with, and the same approved. Carried. REPORT. Mr. AYERS. Mr. President: I have a report to make from the Com- mittee on Harbors, Tide-watei^, and Navigable Streams. Thk secretary read : Ms. Prbsidkmt : The Committee on Harbon, Tidecanrier be dispensed with, and that the Sergeant*at-Arms be authorised to designate the persons to be retired. Mr. FILCHER. Mr. President : I wish to say, in explanation of this, that it would seem to be very late in the day to be wakening up to this resolution, and yet it will be remembered that I endeavored early in the session to secure the same idea. I call attention to the statute providing for this Convention, where it reads: " The President of the Convention may appoint not exceeding one Doorkeeper and four Pages,* ** and to the further fact that those who serve here may possibly never receive any- thing at all for their services. It is incumbent upon us to get alon^ with as little help as possible, and I believe that we can get along with the number that will be left. Mr. HUESTIS. Mr. President: It seems to me that there is just as much necessity for these boys now as there ever has been. These young gentlemen are willing to stay with the Convention until the last and take their chances on being reimbursed. It partakes of the nature of unjust discrimination between the Pages, and looks to me like a small piece of business. I move that the resolution lie on the table. The motion prevailed. ADJOURKMEHT. Mr. WILSON, of First District. Mr. President: I have a resolution to offer. The secretary read : RMolvtd^ That when this ConTention a^onms to-morrow (Saturday) it shall adjourn until Monday, December thirty-first^ instant, at two o'clock p. v. Mr. WILSON. Mr. President: I offer this resolution because, in the middle of next week comes Christmas. Every Christian — every person raised in Christendom — wants to be home on that day. It will take a day to go and a day to return, and the next week would be so broken up that it would be impossible to accomplish anything. The next business, I think, that this Convention strikes, is the imjportant business of tax- ation. There ought to be a full Convention at that time. I see, myself, very little chance for a full Convention next week, and therefore I have introduced this resolution. If we adjourn to-morrow and meet the fol- lowing Monday week, it just gives the Christmas week. So far as the succe^ing week is concerned, I care nothing about it, and am willing to come here and stay at the pleasure of the Convention. But I think the week which embraces Christmas had better be a vacation than an abortive attempt to keep the Convention here. At least, it would be a very thin house during that week, and for that reason I offer that resolution. Mr. BARNES. Mr. President: There is another quite serious reason why we should be permitted to take this«adjoummenL It is the close of the year. Every man who has much to do has a good many settle- ments to make. The financial settlements of the year come about this time, and business all has to be closed up. There is a great deal that a man has to do that is extraordinary and exceptional. It certainly is so in my case; and while we are all willing to give all the time that may be necessary to the business of the Convention and the State, we ought to be permitted to take a little time for the arrangement of our own affairs. In my own case it is absolutely essential. It is unlike any other portion of the year. The business man, after having been here most of the time since the twenty-eighth of September, and likely to be here some time longer, ought to have a chance to look after his business a little, and maybe some of us want to shin around and raise the money to stay here through January and February. That is*the reason I am in favor of it. I am free to say that it is absolutely essential for me to go home, and I propose to adjourn, unless the Sergeant-at-Arms shuts mc up. I would like to be here during the consideration of this question of taxation, but I cannot go to absolute destruction, even for that. I think there are a eood many other gentlemen in the same situation. Mr. ROLFE. I would suggest that while we are members here we are free from arrest or civil process. Mr. BARNES. I am very glad of it. That mav explain the reason why the gentleman wants to keep on working, and stay here as long as he can. [Laughter.] But I am not so much afraid of civil process as I am of the almshouse, and I would like to go and look a little after my own affairs, and I think that all who are not too far away from home would like to do the same thing. For that reason I support Mr. Wilson's resolution. Mr. TULLY. Mr. President: I hope the resolution will not prevail. If the gentleman wants to go home we will give him leave of absence. Mr. BARNES. Thank you. Go ahead. Mr. TULLY. There are a number who cannot go home, and I think it is not fair. It don't matter if there are onlv five, if there is only one who cannot go home, why should he be compelled to stay here on expense 7 I must say that this is his regular fight pretty nearly every Friday or Saturday, and, if you were to judge by the roll-call, he has been ament a great deal, and we have got mong without him; notwithstanding he is entertaining, instructive, and useful, but still I am satisfied the Convention can do without him. I shall vote to give him leave of absence, and he can go home for a reasonable time. I hope that the Convention will proc^d with the business. I hate to vote against Mr. Wilson, but I must do it in this case. Mr. BARBOUR. Mr. President : I suppose that the true reason might as well be stated at once : By the extraordinary construction that is placed U4X>n the law calline this Convention, the hundred days of session are made to mean one hundred consecutive days. There is another law, that if the Convention adjourn over three days they do not get pay for any of it. Now, you ask ||entlemen to continue on here and their pay not go on — heads I win, tails you lose. I shall vote against the amend- ment. As well as any other gentleman I can give the State my services for nothing, but I do not propose to. Mr. BAKNES.. Mr. President : I wish to correct the statement of the gentleman from Santa Clara, Mr. Tully. The gentleman is mistaken when he savs I have been absent a great deal. Mr. WYATT. I rise to a point of order. No one member is allowe the opinion of a num of genClemen that we wilJ not have a quorum, or at least that we v have a Tet^ Ihin house, as we had SatuAlaj', when this ConTentian 1 scenes which were not Teij creditable to it. On Saturday altemoo even the negroes, in slave times, bad a holidaj. This Convent undertook to ait on Baturday afternoon, and look at the resulL Thi e On fusion .1 a. RIKGOOLD. 1 understand Ibal there is a molion to Uy od i table. Thi PRESIDENT. ThegenUeman misunderatands. There is no euch Ul WILSON, of First DistricL Mr. President: I snj that I have no personal inlereat in the reaolulioD, but we will make nothing by ' ting here during Christmas week. Mi. McCAIiLUM. Itissaidthat the Controller will count the t Ma. UORELAND. Mr. Freeident: I call for the ayes ani ) ware also demanded by Messrs. Tully, Joyce, a president: The question is on the motion to lay t^e resolu- tion on the labia. The Secretary will coll the roll. Tbe roll was called, and the resolution laid on \in> table by the following Tot~ Andrem, Ayert, BUTJ, Bvton, Bell, Blackmer, Burt, Caples, Cross, Croncli, D»Ti«, Dcu, Erey, FmtcU, rUcber, Freeman, Prend, OlaaccM^, Oraee, GmTM, Heiskell,' HerringtOD, Barnes, Biggs, Dudley, of San Joaquin, Lai ne, Dudley, of Bolano, ' Edgerton, Gi^gg, Hnger, Ma. DODLEY, of Ban Joaquin. Mr. President: I move that the Convention now resolve itself into Committee of the Whole, the Presi. dent in th the Commi Carried. IN COMMITTEE OF THE WHOLE. Thi chairman. Section twenty-one and pending amendmenia are before the committee. The Secretary will read. Tbi SECRETARY read: Sic il. No person who shall be convicted of tbe embeulenient or defalcation of the public fundi of this Slate, or of any munty or muni- «pality therein, shsll ever be eligible to any office of honor, trust, or profit under this Stale, and the Legislature shall provide, by law, for the punishment of such embeiilement or defalcation as a felony. "Amendment offered by Mr. Larue: " Insert after the word 'municipality* the words 'or any savings bank or trust fund.' " Ha. McCALLUH. Mr. Chairman : I call the attention of tbe Com* mittee of the Whole to the fact that the amendment proposed by the eommittee is section twenty-two of tbe praseot Constitution is it is, Holmes, Reynolds, Howarf, of Mariposa Rhodes, Huestie, Sir"- Hughey, Hunter, In man. Johnson, ShurUeff, Joyce, Smith, of Santa Clara, Senny, Smith, of 4th District, Key™, Smith.of San Francisco Eleine, Soule, Lampsin, Stedman, Larkln, SUele, LaTigne, Stevenson, LindSw, Sweasey, MansGeld, MeCallnm, TinniC ' McConnell, Tully, McCoy, Turner, Milts, Tuttle, MoSat, Varquerel, Moreland, Van Voorbies, Moree, Walker, of Marin, Mason, Walker, of Tuolumne, Nelson, Wellin, Neunaber, Wert, 0-Donnell, Wickea, Ohleyer, White, Porter, ■Wyatl— »!. Prouty, Reed, xots. Halt, Scbell, Harvey, Townsend, Hitchcock, Van Dyke, Laine, Webster, Lame, Wilson, of Tehama, Lewis, Wilson, of Irt District, MarUn, of AUmeda, Winans, Overton, Mr. President-M. ir, for the purpose of further oonsidering the report of a Legislative Department. amended so as (o include embe; funds of any county or municipi ' ' ' ■- say simp amendment X to tl It of private funds ought not to be sition is right in itaelf, but it has of the section, which reroraexcli of public funds. I luggeel, whei by the Committee on Legiatative left for the Committee on Miscc matter, and not vote for every abstract. It has no place there. Mb. HOLFE. Mr. Chairman : in the projier shape. It is taut( better lo say at once that no pers< ment shall ever be eligible to an the State. Tan CHAIRMAN. The quest ment otTcred by tbe gentleman fr Mi. REYNOLDS. Mr. Chair the vrnrd " any " in place of thi " defalcation oi the public funds oi of the public funds of tbe State o as if he committed the eamecrimi ought to disqual. titled ir with thJB aniendmcnL What ha If we ^ on in this way we sliall necessity for that amendment at affairs of any other SUte. I ho Mi. REYNOLDS. Mr. Chair to get adopted in tbe committee, . that the gentleman makes now, affairs of any other Slate. That the question. We do not propc affairs of any other Slate; but if convicted of felony, why should office of public trust that we do n< Thi CHAIRMAN. The quest The amendment was rejected. Mi. DUDLEY, of Bolano. M: ing there. Tui SECRETARY read : " No public officer nor any pi and who, as such, has been a o shall be eligible to any office of laws thereof or of any municipal and paid over all public moneys islature shall provide by law for of public funds as a feluny." Thi CHAIRMAN. The queal The amendment was rejected. Thi CHAIRMAN. The Sacra' drawn from the Slate Ireseury fo association, asylum, hospital, or exclusive management and contn shall any grant or donation ol t SUte. An accurate statement of moDcjs shall be attached to and lar session of the Legislature. Ma. STEDMAN. Mr. Chairm ^■hs SECRETARY read : " Insert after the words ' by thi rate statement,' in the seventh nothing herein contained shall pi orphan asylums or other instituti abandoned children are received i may be deemed appropriate, vrhii of auch orphans or abandoned i shall apply alike In all instilutioi Mi. WELLIN. I second the a Mi. STEDMAN. Mr. Cbairmi so far as it involves a oonsiderati toward the orphaned and abandoi which, I lake it, requires no jiarti the liEht of our present civihiatit be sale in assuming that no gentli resist the acknowledgment of thi discbarge if she woutd exercise a of her future citiiensj a duty ff other one of providing educaiio DEBATES AND PROCEEDINGS a the position in which the State itanda ne lur commuDJly, tliare only remain^for con- } how and iu what maDner the aecetanry DCS aball be made, and what restrictiODi are from being improperly expended or diverted Diuentinc, sa I do, from the cloae and nar- tion ofthe aaction propoeed by the Committee Fould confine this charily to, I hare Bubmit' have juat aent up, the object of which is lo lid tc our benevolent and charitable inatitu- ite, exactly where it etanda now, with the th reference to the economiral aspect pre- >dsl and humanitariati aapect to be treated re douhtlen given the subject the necessary m to treat it completely in all ita pbasea. hundred and seventy, whatever of aid waa iven to private asylums by apecial legislative preaentation of their claima for sympathy □e, however, the experience of the various ch were mostly uoder i^urch auspicea, had e inatitutions which were tbe beat able to I influences favoring their particular claims gidered in the dishurvementa made for this ayatem. The disaatiafadion with this aisle fact that expoaition of auch favoritism was e against even the continuance of the cbar- ti the firat Act for relief based upon the per roved March twenty-eighth, eighteen hun- ig orphans under their care, the sum of fifty ' whole orphan, and twenty-five dollars per 'be intent of tbe Act being, by this equitable mount of aid to be furnished, to put an end am, aa well at the perpetual lobbying of the seaaiou of the Legialature. iwever, many of the inatitutions continued years to aecure, by meana of apecioua repre- ss, direct appropnitions U> their benefit, in awed them under tbe per capita law. To ir juatification for these continual applica- ■ that provided for in the general law, the idred and aeventy-tbree and eighteen hun- 1 the amounts given by the per capita law to um for each whole orphan, and fifty dollars rphan, and fifty dollan per annum for each islature, at the same time, defined what was a amounta were aubaequently increased bj lundred and aeventy-five and eighteen hun- : hundred dollars per annum fur each whole liars per annum each for half orphans nod ;b amounts the law still remains, these sums t tfi allay and shut out any further successful Now, sir, having briefly recapitulated the a force in Ibis Stale, 1 desire lo submit, for nittee, some of the slatistica of the expendi- -e are now within this Stale sixteen ayluma 1 from the per capita tax, and they have nd direct aid since October eighth, eighteen ne thirtieth, eighteen hundred and seventy- ■jAan Atylum, San Franateo. iU »69,MS 8« 18,000 00 »3S,B45 SS nale Orphan A^lam, San fHncuai. ttsfiss as lfl,*00 00 (104,498 85 trphan Agylun, Ban Fraaciia>. $4,909 53 ie Branch OrpAan Alylam, San Francisco. $30,697 T4 Orphan Aigban, San Fran/^eo. $12,314 08 3,000 OO $16,314 08 Orphan A^am, 8acraBitnt«, $22,101 12 3,7S0 00 $25,951 12 'Jhiiolk Orj>*an Afylum, Sberammto. $4,3110 28 1,500 00 $5,R60 28 Good nrnplari" Homtfm Orphiia. Support of inmatea Direct ajd ^. Yinetnl't Bayif Asylum, San J Support of inmalei Direct aid Gratt ValUtf Soman Catholic Orphan Aiylu Support bf inmatea Direct aid San JiuM Soman Oiiholie Orphan A>i/!u Support of inmalea - Santa Ona Orphan Aiylum, Sank Support of ininaleB..? R^ro Vall^ Mfit Orphan Ai>^ Support of inmates Lot Atigtltl Orphan Atylum Support of in mates St. Vincenfi FmaU Orphan Alylum, Sc Support of inmatea Direct aid SI. Vineatt'a Orphan Att/lam, Pel Support of inmates Uakicg a total, for tbe same period, lo all On account of per capita aid Direct Btate appropriation '. Total Sow, sir, from an eiamination of the figures nance in the various asylums in the SUIe, 1 sele figures connected with the operations for the paat list, and located, as they are, in different section senting as widely diveraified eharaderislics as whole list, they will give us the fairest idea oF th The Grass Valley Orphan Asylum, with one hu twenty-six thousand four hundred and fifteen ■ cents — an average of one hundred and ninety-twi cents per capita. Tbe Oood Templars' Home, at five inmates, reports expenditures of thirteen t and twenty dollara and seventy-four cents — an a Hebrew Orphan Asylum, of San Francisco, wil expenditures of fifteen thousand o»e huudreil and six cents— an average of two hundred and fiflj-s( The Santa Crui Orphan Asylum, with twenty-thr< ture of three thousand three hundred and five < centi — an average of one hundred and forty-thre three cents per capiU. Or in a total of four diffe: ent sections of the Blale, under different manage Bites as to capacity and number of inmates, we hav two hundred and ninety -five; cost of maintenam one hundred and five dollars and ten cents ; avei annum, one hundred and ninety-aix dollars and The average amount of State aid under the eighty-three dollars per capita per annum, and amount shown to be required for actual mainte figurea have made no estimate and Included no would properly be chargeable aa a part of the e buildings and improvements, and which I am pi in saying that it would represent an annual char fully as much aa the amount represented in the acl therefore, Mr. Chairman, I am forced to conel extended by the law is no more than about one ft benevolence that in the eight yeara covered by th Had the State been the sole almoner and dispc expenditure of at least two million dollars would have aecured a service which under the present s; at an eipenM to the State of a half million. The total number of children provided for by ' in the State, as nearly as I have Wn able to get seven hundred and three, and lo provide for tl oontemptates would cost four times tbe present ei sir, to collpct together and average some of the » upon this question. In the comprehensive reporl Charities lor Massacliu setts, for the year endinj eighlcen hundred and seventy-six — and I may pi passing that in Massachusetts the system of offlcis Dec. 20, 1878. OF THE CONSTITUTIONAL CONVENTION. 785 management of all public charities, reformatory institutions, and State supervision of provisions for the destitute, has received doubtless as much attention, and been the subject of as careful consideration, as in any of the States of our country — I find that in the eleven public insti- tutions under the control of the State direct, that the average expense per capita ranged from ninety-seven dollars per annum in the Monson School to two hundred and thirty-six dollars and sixty-six cents in the Springfield School, and it appears, in commenting on the exceptionally low average attained in the Monson School, that the Board remarks of the Superintendent that " he has sometimes carried frugality to the verge of parsimony or beyond." Of the entire State Ihe tables show that there were in all the public institutions an average number throuehout the year of one thousand five hundred and thirty children, ana the average cost per capita of maintenance was one hundred and twentv- nine dollars and seventeen cents per annum. This, of course, being the simple expense of maintenance, exclusive of any charges to improve- ment or repairs of buildings, and, of course, also excludes any estimates of interest invested in these institutions. In addition*there are shown to be thirty-two private institutions for the care and support of destitute children, who, in the aggregate, support about two thousand children, at an expense of two hundred ana twenty-five dollars per capita per annum. The cases cited in the report of the minority of the averages of other States : Wisconsin, one hundred and forty-nine dollars and twenty-nine cents; Minnesota, one hundred and forty-one dollars and seventy cents; Maine, one hundred and forty-six dollars and twelve cents; Pennsyl- vania, one hundred and ninety-five dollars and thirty-three cents, which with the figures for Massachusetts, the cheapest of them all, one hundred and twenty-nine dollars and seventeen cents, shows that in five States the average cost for bare maintenance is one hundred and fifty-two dollars and thirty-two cents. These figures, Mr. Chairman, in every case justify the conclusion that the system of provision for our destitute and orphaned children, now in operation, is by far the most inexpensive one that could be adopted or applied ; that in no case, either in the history of the private institutions of this State or the history of the public or private institutions of any of our sister States, has the support and maintenance of these objects of the public bounty been provided for at fibres as \o^ as the amounts which have from time to time been appropriated in our State; and as the very able and convincing report of the minority of the Legislative Committee aptly sets forth, no sustained charges of misappropriation or maladmin- istration resulting from the following of this system has ever been put forth, and no demand has ever been made at the hands of any political party for its abrogation. The only question, therefore, remaining to us, Mr. Chairman, in the consideration of this subject, is this: does the present system discharge in the best manner the duties incumbent on the State with respect to the beneficiaries? To this question, I submit that a careful an^ unprejudiced examina- tion of the history it has made can leave no doubt in the mind of any gentleman on this floor. These charities are now under the control of a class of our citizens who are drawn to the work by the noblest impulses known to humanity— -"who labor in the cause with no hope of selfish reward and for the gratification of no groveling ambition. They are high above and beyond the reach of the dirty cesspool of politics ; and in view of the almost certainty of corruption which creeps into the management of all institutions when thev are made the subject of political strife and political reward, I am thoroughly convinced of the absolute necessity of setting up an absolute and impassable line of demarcation between the management of this charity and politics. With the general idea of protection to the State treasury sought to be attained by the section reported by the committee, I have every sympa- thy, and feel as deeply as any delegate in the Convention the necessitv of surrounding the strong box of the State with such safeguards as will forever hereafter make it impossible for the unscrupulous lobbies to manipulate our Legislature so as to Eob the people through the means of subsidies, grants, and special appropriations for the benefit of enterprises in which the State has no direct interest; and holding this sympathy, I have aimed to draw my amendment so as not to impair the vitality of the general idea sought to be established, but for the sole purpose of excluding from its application one particular character of appropriations of which no public sentiment has ever complained, and which every sentiment of dutv, humanity, and economy demands shall not be restricted or abolished. In my consideration of this subject I have, as I said in the beginning, only looked at it from an economical standpoint; but I cannot refrain from saying, in conclusion, that if we are to have these homeless, friendless orphans in our midst grow up into useful men and women, they must be provided for while they are in that tender and plastic age, that they may be molded into virtue, or else they must take their chances in the other avenues of life, where they are more likely to learn the ways of vice, and I moreover do not desire to throw any discouragement upon the labors of that noble army of men and women who labor in this cause without hope of reward other than the consciousness* of their own labor, and to whom weariness of heart is but the too frequent attendant of their efforts. The chairman. The gentleman's time has expired under the rule. BBMABK8 OF MR. CAPLK8. Mft. CAPLES. Mr. Chairman: This subject has presented a fine opportunity for aspiring gentlemen to shoot reams of legal cap, and foolscap, and all kinds of cap at the devoted heads in this Convention. It was a sense of imperative duty that compelled the committee to offer this fine opportunity to these gentlemen, and I make no doubt but what the opportunity will be availed of to ijidulge in all kinds of buncombe. Mb. WELLIN. Mr. Chairman : There waa a motion made to extend the time. 99 TiiK CHAIRMAN. No gentleman was recognized. The gentleman from Sacramento secured the floor. Mb. CAPLES. Mr. Chairman : I merely wish to make this apology to the Convention, and to sav that that committee never contemplated for one moment the idea of leaving these orphan children unprovided for. On the contrarv, they contemplated from the first that they should be provided for at least as well as they are at present But it was a part and parcel of the general plan of that committee to take away from the Legislature this game of grab — this grabbing with both hands into the public treasury. This was a part of the general plan of that com- mittee, and I myself say, in justice to that oommitt^, that they gave this subject the most thorough, patient, and painstaking investigation ; and they acted from the first with the view of cutting on from the Leg- islature the opportunity for special legislation and for special grabbing into the treasury, and this, as I aver, is a part of that system that they adopted to prevent indiscriminate pilfering of the treasury. It was dis- cussed and understood that these orphans should be provided for by institutions over Which the State should have control; and the chief argument and the chief motive that impelled the committee was to carry out the original design, the primary, central idea of our public school system. As evezybody knows, the central idea of that system is to secure homogenitiveness in that system, by securing uniformity of text- books, etc., it is hoped in the future to secure something like uniformity of sentiment, so that we may have peace and quietness, and a oneness of sentiment in American people in tne coming generation. This system of educating orphans in sectarian institutions, so far as it extends, has a tendency to educate them in hostile systems, so that the tendency in the future, instead of being homoffenity. Will be hostility of sentiment. Mr. Chairman, after gentlemen shall have expended their Fourth of July spread eagle oratory upon the poor -orphans that thev will tell you have been thrown upon the world bv this section — after they have expended their ammunition — I hope to have a chance to say something more to the committee. BBMABKS of MB. WILSON. Mb. WILSON, of Fourth District. Mr. Chairman: I propose to amend by substituting the provision I have sent up to the desk, and which I ask the SecreUry to read. The SECRETARY read: '' Provided, that notwithstanding anything contained in this or any other section of the Constitution, the Legislature shall have the power to grant aid to institutions conducted for the support and maintenance of minor orphans, half orphans, or abandoned children, or aged persons in indigent circumstances, such aid to be granted on a uniform rule, and apportioned to the number of inmates of the respective institutions." Mb. WILSON, of Fourth District. Mr. Chairman : There are several sections of this report of the Committee on Legislative Department which cover the same proposition which my amendment is intended to reach. The proposition offered by the gentleman from San Francisco, Mr. Stedman, does not go as far, because it does' not reach any section except section twenty-two. The gentleman will find,^by turning over the report of the committee, that there are four or five sections which will also have to be amended in order to reach the desired result.- My amendment would accomplish this, for it reads: "Notwithstanding anything contained in this or any other section of the Constitution," etc. I desire to say very little on this subject, because I think that very little will cover the whole subject-matter. I regard orphans and aban- doned children as a rightful charge upon the State. They are wards of the State, and should be supported and taken care of by the State. There seems to be no public institution of this character at present in the State, and these orphans and abandoned children are supported by different private institutions. I believe that all the different religious denominations have orphan asylums — not only the Catholic, but the Protestant, Hebrew, and others. Now, these children are well taken care of by these institutions; according to my information, their general maintenance and support, their h^th, their morals, and their educa- tion, are all considerea and cared for by these different institutions. I know of no instance of abuse existins in regard to the condition and management of the poor children in these es&blishments. I do not know why the State from time to time should not grant aid to the institutions that are supporting the wards of the State. They have an equitable and just rieht to claim some aid from the State, and the State is, in reality, simply paying its own debt and sujpporting its own wards by making appropriations to these institutions for taking care of them. I do not care anything about what sect these children belong to, or to what religious denomination. I only stop to think that they are poor, unfortunate, fatherless children, independent of any religious ques- tion or any religious dogma. It is a question of common humanity. It appeals to our generosity in its broadest and widest sense, and I do not care anything aoout the religion of the parents of these children. The fact that the child is left without its natural support by the death of its parents, or by abandonment of the child by the parent, is sufficient, as it thereby becomes a charge upon the State, and the State should support it. I nave attempted to word this amendment so that it would not con- flict with any provisions of the Constitution, except those which are specified, and to make it as guarded as possible, and providing for aid by a uniform rule and apportionment according to numbers, thus avoiding favoritism and inequality. I think thi^ covers all of the subject-matter necessary for the Constitution, and the rest could be well left to t}ie dis- cretion and judgment of the Legislature. I have embraced in this not onlv the maintenance of orphans and half orphans, but also of abandoned children. Now, in all ages of the world there have been inhuman Farents who, for one cause or another, have abandoned their children, look upon the abandoned child as being in a more hopeless condition than even the orphan. The orphan may have collateral relatives who I may look after his welfare; but when a child is abandoned by its parents^ 786 DEBATES AND PROCEEDINGS Friday, -•f r ': A its identity is gone, and it has no person to care for it These abandoned children are left, generally, to the hospitals and asylums, and are orphans in fact. If I desired to elaborate a speech on this subject, I could refer back to ancient history — even back to the enlightened city of Athens. Athens, in its most refined period, had many children abandoned by their parents. They were abandoned because their parents did not care for them, or were in poor circumstances, or for some other reason, and they were left in public places to be picked up and adopted by strangers, or to perish. My understanding is tnat this class of children, as a general rule, nas been taken to the orphan asylums, or those institutions which take care of poor children. They are as much the wards of the State as the orphan or the half orphan. There are also persons taken care of in such places as the Old Women's Home. I think the State should be permitted to grant aid to such institutions as that. An old woman in poor circumstances is as much an object of charity and care on the part of the State as anything that can be imagined. For these reasons, I think this amendment should be adopted. I have nothing to say against the amendment offered by Mr. Steaman, except that it does not go quite as far as mine does. It does not reach those other provisions of the Constitution which my amend- ment reaches, and is, perhaps, subject to some other objections. I think Uiat all there is that is good in his amendment is contained in mine, while mine is a little more guarded. Whilst I am in favor of every retrenchment or reform, and a^inst any fippropriation of the public funds to any institution that is not entitled to aid, I think it would be unwise to take away from the Legis- lature the power to aid those meritorious institutions, who are maintain- ing the unfortunate children and destitute persons in whose behalf I intercede. I will further say that the language which I have used here in the amendment — orphans, half orphans, and abandoned children — is taken from the Act of the Legislature of eighteen hundred and seventy- seven-^eventy-eisht, page one thousand and eight, and seems to have come into general use in speaking of this class of persons, and for that reason I think the phraseology must be unobjectionable. BKMABKS OF MS. FILCHRR. Mb. FILCHER. Mr. Chairman : I wish to sa^ that when this sec- tion, limiting State appropriations to State institutions was first inserted by the committee, a great principle was aimed at. I do not believe that the idea of orphans ever entered the head of the one making the sug- gestion. The principle has been declared in every State platform for years. It was to the effect that parties were opposed to this limitless power of the Legislature to vote away the people's money. The people "nave never tired in asserting this doctrine, and it was to strike out this great principle that the committee inserted this section. When it was seen, on review, that their amendment cut ofiT the appropriation to orphan asylums, the committee reconsidered it. Parties appeared before them, on behalf of these institutions, and made strong arguments in their favor, and yet the committee, conscious of the great reform cov- ered by its amendment, still decided to retain it there by a vote of eleven to four. Mb. BIGGS. Say a portion of the committee — not all of them. Mb. FILCHER. There were only four that could be rallied to sign the report agai^^st the proposition. Now, I repeat, it was a principle that we aimed at. Let us look at the evils that this amendment cuts off. I have taken the pains to obtain from the Controller of State the amount of the appropriations made for the year, and it may be interest- ing to the Convention to know that they reach almost one million of dollars — nine hundred and ninety-four thousand one hundred and forty- one dollars and some cents are exactly the figures. In this amount, to be sure, is included much for the support of purely State institutions. For instance, one hundred and fifty thousand dollars for this Convention. But for miscellaneous purposes, outside of the essential elements of gov- ernment, for this person and that person, for this object and that object, the appropriations amount to over one third of a million — three hundred and eighty-three thousand two hundred and ninety-one dollars and sixty-seven cents. Now, sir, that is a great burden. I know that the people are in favor of supporting the government and all the institutions necessarily incident thereto. Mb. WELLIN. How much of that money went to the orphan asy- lums? Mr. FILCHER. One hundred and ten thousand dollars, I believe. I wish to say that I have been misrepresented on this proposition. I say that I do believe in my heart that there is not a man on this floor that has more inate sympathy for these poor abandoned waifs than I have. I am poor myself, and liable, like others, to be called away at any time. I have small and helpless children ,* and I sometimes shudder when I think that if I were taken suddenly away they would be left in poverty; and I want a provision, and a wise one, for the protection of all little innocents who are thus unfortunate. I am opposed, however, to the present system. I think that a State system or county system, such as could be devised, would be much better. Under the present system the orphan is shut in from all the busy and instructive world around him. I do not pretend to criticise the management of the insti- tutions, nor the character of the treatment the children receive, but I know of reason that if the child lives to the a^e of fifteen its struggle is a hard one at the best, and when he or she is turned out at that age what does the child necessarily know? In what condition is it for bat- tling with life? In what condition is it to contend with the world and to start out to make a living? How can it know, when it has been con- fined nearly all its days behind those high walls, that which is necessary for the struggle of further existence in this world ? It is turned out with a knowledge perhaps of some little needlework and a little arithmetic, but it knows nothing of the outside world or of the contests it has got to engage in. . Now, I wish to read from the report of the Board of Charities of Massa- chusetts, where they adopted this very proposition in reference to orphan asylums. They assert that: "Institution life, in its best estate, is but a poor substitute for family life, and it is a very meager affair, indeed, when it does no more than give food and clothing, neglecting the weightier matters of such teaching as looks to self-subsistence, and such training as furnishes the moral stamina on which success in life depends. Careful examination of the yearly and special reports that have come to hand, gives the impression tnat only a portion of these institutions take any particular pains to train inmates to the habit of intelligent and vigorous industry. There is danger, on the one hand, that the child will find the asylum which receives him and enters his name on its books, hardly more than a halting-place on the downward ways of poverty ; while on the other hand, it is to be feared that he may come to regard an institution of some kind as his proper home, and support by the public as his rightful heritage." Take for instance the Children's Mission to the Children of the Desti- tute: "The current expenses of the Mission average about eight thou- sand dollars annually, thoueh during the past year they reached the sum of eight thousand four hundred dollars." That is but a sample of the whole thirty-two institutions in that State that receive their income and support from other sources. Not one of that thirty-two does the State aid in any particular. Then, again, I claim that if we should withdraw this aid these institutions would not necessarily go down. So far as they are established by religious denom- inations, they are largely the outgrowth of Christian charity, and Christian charity will maintain them to the extent of its ability. Tet, what they fail to do, it becomes the province of the State to do, or the State through the counties — and to do it well. And I say, sir, that inasmuch as they have established these institutions, and contributed the money for building the houses and setting them in motion, so should they continue to keep them in running order. When the orphan asylums were built did they get State aid? Had they any reason to believe that State aid would be contributed to support them ? No. It is a provision that has been made by the Legislature, session after ses- sion. They must realize that they are dependent upon themselves. But acain, while some gentlemen urge us to support this system, they oppose Uie very same doctrine when applied in another direction. It is the doctrine advocated by Zach. Montgomery on the school question. His idea of the school management corresponds precisely with tlie principle that is now brought forward and sought to be maintained in reference to orphan asylums. The eloquent gentleman from San Fran- cisco declared that it became the duty of the State to assist in maintain- ing these wards, since charity people had started in to do it, and because the State had assisted them so far it ought to continue to assist them. Now, will not the same argument hold good in reference to our school system? Are not the children the wards of the State? Are we not under the same obligation to support these children — to educate them ? I say we are. And yet, following up that same line of argument, if I should come here and start a school, will I have the right to obtain State aid to assist me in my enterprise? I would be taking from the State a portion of its burden; I am taking so many children and assuming to educate them; I take that responsibility off the State, and I have the right to come in and ask State aid, if the arguments on the other side are to hold good. And yet, when you are asked by Mr. Montgomery to apply this to the school system, you say no. In this respect Massa- chusetts has been consistent. She has established a school system and provided for the education of the children; and she has carried the same principles into the asylums. While I repeat I am in favor of the very best protection to the orphans that can be given them, I do not believe that the best results can be obtained from the present system of asylums. Assuming that all these institutions should go down if we cut off these appropriations, which I hold would not be the case, then it would become the duty of the State to make every necessary provision for the protection, educa- tion, and support of these children. Suppose we should make a pro- vision that each county should take care of the orphans within its limits; I can readily imagine how some good old man or woman, or both, could be found to take charfi^e of them and bring them up as their own, in the presence of other children, and under the eyes of the friends and neighbors of their deceased parents. The chairman. Time. SPEECH OF MB. BIGOS. Mb. biggs. Mr. Chairman: I shall not detain the Convention very long. In the feeble health I am in, it would be impossible for me to say what I should like to say; but, having been one of the committee that signed the minority report, I believe it my duty to make some explanation or statement to this Committee of the Whole. In doing so, I do not intend to make any spread-eagle speech, as has been suggested by Dr. Caples. It is known that I was one of the members of the Com- mittee on the Legislative Department that took the position that it was the duty of the State to make some appropriation for the private asylums of the State. I believed it was best to support the orphans in that way, and I believed it was economy to the State; that they would be better trained and cared for than they would be to allow the State to go on and build asylums, and employ teachers, and have them educate them. I took that position as an economist. That, sir, was one of the reasons why I made this minority report. That is one of the reasons why I opposed the action of the Legislative Committee, and I thank God that there is a goodly number of that committee who will stand by this minority report; and I trust this Convention will adopt the amendment offered by my friend from San Francisco, Mr. Wilson. What are the facts? I do not propose to go into general details, but I propose first to state what I presume every one will admit, that the State is the guardian of these children, or stands in the same relation that the parent does to Dec. 20, 1878. OP THE CONSTITUTIONAL CONVENTION. 787 w the child. Now, I appeal to this Convoxition whether they are going to turn them loose upon the world, or put them in vour large asylums under the care of paid officials. I helieve it would be a bad policy. I believe the^ are wards of the State, and upon that point I believe there is no diflference of opinion, that the State should take care of them. I ask the gentlemen of this Convention just to let it run through their minds for one moment. Take, for example, the State's prison, the insane asylums, and the deaf and dumb aayium. Gentlemen, if you put them into asylums you will have to employ people to take care of them. And you must erect your asylums, and, in doing that, we all know it is let out to the lowest bidder to say who will take charge of them. I say that it is better for the State to do as she has done on former occasions — to make appropriations to aid these institutions that are now taking care of these cnildren, and pay about eighty-four dollars per capita for taking care of these orphans, a« will be seen by the minority report of the committee. Take the one hundred dollars for whole orphans, seventy-five dollars for the half orphans and abandoned children, and it makes about eighty- four dollars per capita that they are cared for under the present system, and they are brought up in the fear of God and become the admiration of the world. Some gentleman said that he did not want any spread-eagle speeches on this occasion. I do not intend to make any spread-eagle speech, but I propose to take the side of the orphans. I do not want to see the little female waifs cast upon the streets to fill houses of prostitiH tion ; neither do I want to see these little boys turned out upon the world to, alternately, fill prisons, or to have them crowded into lar^e asvlnms where the teacher and the keeper of the asylum is paid a big salary to take charge of them. I ask you, Mr. President, and every gentleman upon this floor, if it is not economy for the State to provide for the support of these orphans as it has done m the past? You may ti^e the history of the other public institutions in this State, and I will com- mence at the insane asylums at Napa and at Stockton, and the Deaf and Dumb Asylum and all other asylums in this State, and it costs one thou- sand dollars per capita to provide for the inmates of these institutions. . Now, sir, when people — I care not whether they belong to one sect or denomination or another — when they propose to take them and keep them fob the simple appropriation of eighty-four dollars per capita, to clothe and feed them, educate, and instruct them in the paths of virtue and teach them to shun vice, should they not be allowed to do so? What has happened here in the City of Sacramento within the past few days? The children in the orphan asylum of this city have been afflicted with the diphtheria, ana the citizens of this town have appro- priated between eignteen hundred and two thousand dollars for the relief of the Protestant Orphan Asylum in Sacramento City durine that time. And yet, gentlemen say, we propose to erect asvlums. I tell you it will cost over one thousand dollars per capita to take care of them, if you take as a basis the Napa Asylum and the DeaT and Dumb Asylum of this State. Mv friend, Mr. Filcher, knows that in the committee I made an urgent fight on this thing. My friend Judge Hale and I dis- agreed only upon one question, and that was« that while I thought it was best to leave the orphans in charge of those who are now Uking care of them, he thought it was best, even if it cost more, to let the State build these institutions. Now, gentlemen, suppose any of you were to be overtaken by misfor- tune, and were to leave a wife and family of helpless little children — and this is only supposing that which might happen to any of us; upon her death she leaves these Ijttle children, and would you say to her that she should not be allowed to designate where these little ones should go — whether they should be sent to a Catholic, or Protestant, or an^ other asylum? Are you goin^ to den^ that dying mother of the privi- lege of saying where these little children shiUl be reared, educated, taught, and cared for? I trust this Convention will never be guilty of such an outrage as that. I hope they will allow the mother, in such a case as that, to look after the careful moral training of her children. All over the world they say that California is the pride of America — that she is the pride of th^ United States. Now, with all her boasted pride and wealth, these gentlemen here propose that she shall cast her orphans out, or huddle them together like sheep in a corral. I believe that you had better turn upon tnem the artillery of your State and kill them at once, and prevent them from filling houses of prostitution, and the pris- ons, iails, and penitentiaries of the State. In regard to ereeting asylums for.them, I sapr that there is a job in every public building that has been put up in this State. I appeal to every gentleman upon this floor if there has ever been a public building erected in this State but what there has been a iob in it. If vou build your orphan asylams by the State, I want to know if you have not got to have your keepers, your stewards, and your teachers to educate them, and the State pays for it. Now the State does not pay a dollar. It is all done by these noble men and women who have cnarge of these institutions. I call the attention of the gentlemen to the minority report. My health will not permit me to go into this matter. I would have made that report more lengthy had it not been for the fact that I have been upon a sick bed for some time, and this is the only time that I have been up all day, and it may be the last time that ever I will attempt to address this Convention. If so, I thank God I have had the privilege of appealing to my colleagues and the delegates representing this State in forming our organic Taw, and I hope that as a crowning act they will adopt that amendment, and that we may in the future protect the orphans, as we have in the past. Mr. ST£I>MAN. Mr. Chairman: I withdraw my amendment in favor of Mr. Wilson's. Thb CHAIBMAN. If there be no objection, the gentleman will be allbwed to withdraw his amendment. No objection was raised, BEMABK8 OF MS. O'DOMNELL. Mb. O'DONNELL. Mr. Chairman : I am in favor of this amend- ment o£ferod by Mr. Wilson. It provides that '' notwithstanding any- thing in this or any other section of the Constitution, the Legislature shall have the power to grant aid to institutions conducted for the sup- port and maintenance of minor orphans, half orphans, or abandoned children, or aged persons in indigent circumstances," and that " such aid shall be granted on a uniform rule and apportioned to the number of inmates of the respective institutions." N'ow, Mr. Chairman and my fellow delegates, you all remember, as well as I do, that a few years , ago, the State undertook to take care of the orphans, and what was the result? She expended eight hundred and ninety-four thousand dollars for an institute and finally she had to abandon it. Now, for instance, if you undertake to take care of these orphans, as a good many of the members have proposed to do> it will cost in the first place for a build- ing, over a million of dollars, and it will cost over a million of dollars to support them afterwards. At the present time, it only costs twenty- three dollars and seventy-five cents for an orphan, according to the last report. Two years ago it cost the State something over seventy thou- sand dollars ; now it does not cost quite twenty thousand dollars to take care of these orphans, and now you propose, in shape of reform, to saddle this State with a million of dollars expense every year, and a mil- lion of dollars this year to build an institute to take care of these orphans. How have they been taken care of for the last fifteen or twenty years? I say that the best educated children in the State have been educated in the orphan asylums, and I defy any man to deny that. The finest edu- cated women and children in the State have been educated in orphan asylums at the expense of these private institutions. That you know is a fact. Now, Mr. Chairman, it is not necessary for any one to speak or take up any length of time in the discussion of this question, because we all understand how this has been conducted for the last fifteen or twenty years. We have seen the result of it, and we have seen the benefit to the State. I do not think that you or anybody else should dictate to me where I should send mv orphan children in case I should die, and to say that they should be eaucated by the State is ridiculous. I am satisfied to leave it to the Legislature. This amendment seems to be a good provision, and I hope it will be adopted. I know it is satis- factory to everybody in the State. HR. WBLLIN'S BBMARKS. Mr. WELLIN. Mr. Chairman : Owing to the short time we fiave to speak I shall not attempt to make much reply to the gentleman who speaks about spread-eagle speeches, because I prefer rather to deal with facts than to deal with spread-eagles. He savs that the committee wishes to prevent grabbing from the treasury. I shall show him, b^ facts and figures, where the stealing comes in. He says that these institutions are hostile to the educational system of the State. I desire to know if we have any proof of that fact — that the tendency of Christianity has yet pi>oved an injury to civilization. I maintain that from the'very first day that the Pilgrims landed on these shores, that this has been a Chris- tian community, and that Christianity has gone hand in hand with civ- ilization, notwithstanding the sneers the gentleman may throw upon it. I also call his attention to section four of the Bill of Bights in our Con- stitution : " The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State," and no State will be a free and prosperous State without it. The gentleman from Placer, Mr. Filcher, asserts that v{ii are arguing in favor of the same kind of proposition as that advanced by Zach. Montgomery the other eveninff* I assert that we are not, and that Mr. Montgomery is not supported by any one in his views, and that was shown when he attempted to talk the committee to death the other evening. He started in with forty or fifty people, and ended with an audience of seven. He complained bitterly tnat people did not side with him; but he must stand by himself. Here is one fact which I desire to state : I have been informed that not one of these orphans, reared in these institutions, hae ever been found in the State Prison at San Quen- tin. I have not the proof of this myself, but persons who have had a good opportunity of knowing, have told me that not one of these chil- dren, who have been reared m the private orphan asylums of California, has ever been in San Quentin. A few years ago the State of California undertook to manage this thing itself. I mignt refer you back to the early days of California, in eighteen hundred and fifty, when the City of San Francisco undertook to manage the charities on its own account, and the result was that they lost two thousand acres of city property to settle the trouble they got into. Now, as I propose to deal with facts, and show these gentlemen something in regaiti to the economy that they talk about, and the grabbing from the treasury, I will refer to the Appendix to the Journal of the Assembly of the sixteenth session, and read to you a few extracts in reeard to the institution built at Marysville, one of the institutions started by the State of California as an experiment. Mr. hale. Do you not know that it perished, because it was in a malarious swamp? Mb. WELLIN. The facts are before us. And even if it was in a swamp, it showed the stupidity of officers in placing it there, and the fact of its being stupidly located does not change the figures or the facts as to the money it cost. Here are some of the items in the cost of taking care of thirty inmates : Salaries $10,940 84 Drugs and medicines . 163 54 Groceries and provisions - 4,284 53 Hats 186 00 Drygoods and clothing 2,188 85 Books and stationery 69 74 These are some of the figures. Now, if they bought a worthless piece of land, in order to make money for those who owned it, that does not change these expenses. I am glad the gentleman spoke of that, because it shows where the jobbery came in. There were thirty inmates. They must have been well supplied with hats, for it seems they spent one {7- » .-. 790 DEBATES AND PROCEEDINGS Friday, ^ • should appropriate any money for State agricultural or district agricul- tural fairs; tney hare become borse-racing and gambling schemes. Mr. HILBOkN. Does not the gentleman know that not one cent of the money can be used for horse-racing. Mb. LARKIN. That is the principal object of these appropriations. Mb. HILBORN. Not one dollar can be used for horse-racing. ' Mb. LAREIK. But the object is to encourage that class of gamblinsi which should be stopped. I hope the section will remain as amendea; that this Convention will determine that it is proper in its present form, and not strike out the section. Mb. HILBORN. Mr. Chairman : I wish to read to the gentleman a clause in the Act appropriating money for the State Agricultural Society. In section one it says: '^The money so drawn by each sociefy shall be used for the purpose of paying premiums for the different kinds of live stock, and the various agricultural, mineral, mechanical, and manufac- turing products of the State, and for no other purpose; and no part whatever shall be given, in any contingencjr,in purses for horse-racine." Mb. LARKIN. The principal object ot the fairs is jobs to fleece the Eublic I am opposed to the State paying, directly or indirectly, for orse-racing, or any kind of gambling. Let them stand on their own bottom. Mb. reed. If I understand the gentleman from El Dorado, he says the object of the fairs is to put up jobs to fleece the public Mb. LAKEIN. I say it has been used for that purpose. Mb. reed. I pretend to say it is a slander upon the Agricultural Societies of this State. I know whereof I speak, and I know that the agricultural people of this State would deem it a slander. I say that not one dollar has ever been appropriated for horse racing that has ever beeU given by this State. I was President of this State. Agricultural Society for ten years, and I know the charge of the gentleman to be a alander. Mb. LAREIN. The eentleman must misunderstand me entirely. I say that the conduct of these institutions is such that the gamblers oome there. Mb. reed. Gamblers come to camp meeting also. I would ask the gentleman from £1 Dorado if he ever comes. Mb. BIGGS. Mr. Chairman : I had the honor of being a Director of the State Agricultural Society for six years, and I was President one year when we had no appropriation at all, and I most emphatically declare that we did not encourage gambling or anv other vice, and there was never one dollar of State money appropriated to horse racing. Mb. REYNOLDS. Mr. Chairman : I hope the amendment will not be adopted. I was opposed to the amendment adopted by the commit- tee, but having been adopted I hope it will be allowed to stand. There was several other lying-in hospitals and humbug institutions in San Francisco, that b^r one means or another obtained appropriations of money to prfvate institutions, which are nothing in the world but a grab. I do not know but they are as bad as the horse races are rep« resented to be by the gentleman from £1 Dorado. But now that we have adopted an amendment which especially excepts the orphan asy- lums ana those for a^ed and indigent persons, let us adhere to that and exclude all other institutions for the purpose of grabbing money out of the treasury. The CHAIRMAN. The question is on the adoption of the amend- ment offered by the gentleman from Alameda, Mr. McCallum. The amendment was rejected. AOKD AND INDIOIKT FEMALKS. Mb. WALEER, of Tuolumne. I desire to offer an amendment. The secretary read : "Add to Mr. Wilson's amendment : ' Provided, that institutions having care of aged indigent females shall not refuse to receive such on appli- cation.' " REMARKS OP MR. WALKER. Mr. WALEER, of Tuolumne. Mr. Chairman : I offer this for this reason : The amendment of Mr. Wilson says: ''Provided, that notwithstanding anything contained in this or any other section of the Constitution, the Legislature shall have the power to grant aid to institutions conducted for the support and maintenance of minor orphans, half orphans, or abandoned cnildren, or aged persons in indi- gent circumstances; such aid to be granted on a uniform rule, and apportioned to the number of inmates of the respective institutions.'' Now, sir, it is well known in the counties of this State — some of the counties I can positively speak for — there are three or four indigent females, ladies very aged, that are absolutely — and have been for many years— suffering and in great distress for the wantof a proper institution in which to place them. I can speak from personal Rnow^dge in my own county. In Tuolumne County the Supervisors have met on several occasions, and 1 have been called in to consult with them myself, and we have found it utterlv impossible to take care of them. The oountv is so small that they could not be taken care of and respectably supported in connection with the County Hospital, as it would reauire the erection of an apartment which would have to be supplied with female help. There are some of them now in a deplorable condition. Now, sir, I am satis- fied that if the State is going to give monev to these institutions, there are institutions in this State that could take care of these people, and they ought to be compelled to take them in if they re^fcive State money. The counties having one, two, or three of these people could make application to these institutions, and they would be compelled to receive tnem, and it would meet with the hearty support of every person in the State. I hope that the gentlemen of this Convention will give this matter serious consideration, and look upon it in the light that I hold it myself. There are very few who are acquainted with these peculiar cases; these come to my knowledge professionally. As I have said, there are one or two deplorable cases in my county, and we have not been able to get them into any institution. We have ladies who have stood in hi^h position. Their friends have died off and left them in old age in this deplorable condition, and they certainly need some action from this Convention. Mr. REYNOLDS. I move to] amend it so that it shall read: "Pro- vided, that institutions having the care of orphans, half orphans, aban- doned children, and aged indigent females, shall not refuse to receive such, upon application." Mr. walker, of Tuolumne. Mr. Chairman : I only wish my amendment to apply to those institutions that have charge of aged and indigent females. I would not expect them to receive ^ged females in an orphan asylum. The gentleman misunderstands me. My object is to have these institutions that are taking care of aged and indisent females take in all that apply. I do not allude to oaen, because Uiey can go to the County Hospital. Under the gentleman's amendment, if they should make application to an orphan asylum they could not be refused. REMARKS OF MR. WILSON. Mr. WILSON, of First District. Mr. Chairman : It seems to me that we are entering upon a domain that we are not entitled to enter upon, by adopting such an amendment as that. We have no right to say to these institutions how they shall manage their affairs, and what discre- tion they shall exereise, provided no great wrongs or improprieties are com mitted. Now, the amendment of the gentleman from San Francisco, Mr. Vaci^uerel, ^ives the State the right to inquire into the management of these institutions, and,^ if there is any improper management or abuse existing there, the State could refuse to make the appropriation, or take such other action as mi^ht be necessary. The power is left in the Leg- islature altogether. This merely enables them to give aid, and the Leg- islature would exercise sound aiscretion every time it would give. If any institution was improperly managed, or was conducted in such a manner as to offend the puolic morals, they would receive no appropria- tion. But to sa^ that every institution should positively receive all applicants, is going too far. Suppose they are full. That is a good reason for refusing to receive an applicant, and yet, under the amend- ment offered by the gentleman from Tuolumne, they would have still to receive. They might have to go and employ mora servants, or erect more buildings. There are various reasons why the institution should not be compelled to take all that make application. I hope the amend- ment will DC lost, and that when these institutions show that they are actually supporting these children, they may receive aid. I do not think we have a right to say they shall receive everybody that may apply. REMARKS OF MR. WALKER. Mr. WALEER, of Tuolumne. Mr. Chairman : The gentleman will understana that perhaps there are not twenty-five females in the condi- tion which I state. It was to get the vote of my people for the Consti- tution. There has been a great deal of feeling m this matter, and I think, in this particular case, where there are so few persons of this class, if we should provide that when they make application to those institutions having charge of that peculiar class of people, they should be received, it would take that distinctive character out of it; it would ts^e away that feeling of sectarianism. For instance, a church or pri- vate institution may be opened for the care of this class of persons, and will receive only a certain class. I say that such an institution has no right to call upon the State for money for its support, where it is of a distinct, sectarian, or private character. Now, if the^ will open their doors and make it of such a public character as to receive these twentv- five or fifty people, then they have grounds for applying to the State for money. I say these people are in a most deplorable condition, and I do not believe that these institutions are unable to receive these few indi- viduals. I believe that they are supported mostly by ladies, and I am very sure they would not object. It is because these people never get to them. The counties never send them forward. I wish the gentle- man to observe that I am looking out for the future. The State needs an institution of this kind, and this will be a stepping-stone. I think if gentlemen will take a proper view of it, they will find that the institu- tions would make no oojection so far as the numbers are concerned, for it never can overrun them, and it would place the thing before the Leiris- lature in a better light. The people or my county would understand it in that way. Mr. CAPLES. Mr. Chairman : I move that the committee rise, report progress, and ask leave to sit again. Carried. IN CONVENTION. The president. Gentlemen: The Committee of the Whole have instructed me to report that they have had under consideration the report of the Committee on Legislative Department, have made pro> gress, and ask leave to sit again. The Convention took the usual recei^until two o'clock p. m. AFTERNOON SESSION. The Convention reassembled at two o'clock r. m. President Hoge in the chair. Roll called, and a quorum present. Mr. AYERS. Mr. President : I ask for a correction of the Journal of yesterday's proceedings. I find my name among the absenteee. I was not absent. I was here all day, and answered to my name. Mr. REYNOLDS. Mr. President: I move that the Convention now resolve itself into Committee of the Whole, the President in the chair, for the purpose of further considering the report of the Committee on Legislative Department. Carried. IN COMMITTEE OF THE WHOLE. The CHAIRMAN. Section twenty -three and pending amendments are before the committee. The Secretary will reaa. Dec. 20, 1878. OF THE CONSTITUTIONAL CONVENTION. 791 Th« secretary read : " Aroendment offered by Mr. Walker of Tuolumne : ''Add to Mr. Wilson's amendment: 'Provided, that institutions hav- ing care of aged indigent females shall not refuse to receive such on application.' '' ''Amendment to the amendment offered by Mr. Reynolds : " Amend the amendment so as to read : ' Provided, that institutions having care of orphans, half orphans, abandoned children, and aged indigent females, snail not refuse to receive such on application.'" Mb. REYNOLDS. I wish to add to my amendment the words, '* In their respective institutiona." Mr. walker of Tuolumne. Mr. Chairman: I will accept the amendment. Thk chairman. The question is on the adoption of the amend- ment. SBMABKS OF MB. HAOKB. Mr. HAGER. Mr. Chairman : I hope, sir, this amendment will not prevail. I suppose every one here understands these asylums are not public, but private institutions, supported mainly bv the self-imposed charity of those who have hitherto voluntarily established and main- tained them. In San Francisco there are Protestant and Catholic orphan asylums, and other institutions, which have been in existence for years, and been supported entirely by private charity, long before the State made any appropriation to aid them. The habitations which have been constructed for tneir use are auite insufficient to accommodate the whole State. If this amendment snould be adopted it would be obligatory upon these institutions, if they received any aid from the State, to admit all who might apply, which, for want of accommodations, it would be impossible to do, even if they were so disposed, and necessarily they would have to close their doors against all, or decline all State aid. They could not comply with the conditions imposed upon them by a constitu- tional provision as proposed by this amendment. Whenever the State shall establish, and take the management of orphan asvlums, or asylums of any kind, for the unfortunate or indigent, we will have the right as well as the privilege of declaring all shall be provided for. But whilst we are dependent upon private charity, and not exclusively on State aid, we should leave the management to those who have constructed the buildings and established the institutions. The orphan asylums now in existence have not been established by the State, but by such funds as charitable ladies have contributed and solicited from charitable individuals, and the property does not belong to the State. Now, the amendment offered by my colleague, if it should prevail, would close up these institutions. Suppose the State should grant fifty dollars per year, or one hundred dollars, as the case may be, per capita, it would not be sufficient for the supjx>i*t of all these orphans. And yet you would sav that unless they receive every applicant they should be "denied all aid from the State. At the last session of the Leg- islature the appropriation granted to aid these institutions in supportine these children, was one hundred dollars for each whole orphan, and seventy-five dollars for each half orphan and abandoned child. Now, who would undertake to support these children, to clothe and feed them, ^ive them house room, employ persons to attend to them in sickness and m health; I say who would undertake to do this for the sum of sev- enty-five dollars per year per head? I doubt whether any one would attempt such a thing. The State has been quite liberal, and with the large charities of individuals, the children have been, so far, well taken care of. A hun- dred dollars each for orphans, and seventy-five dollars each for half orphans and abandoned children, is not sufficient for their entire sup- port. And wb^ should you make it compulsory upon these private asylums to receive every one that applies, or else deprive them of this donation 7 It would be exactly right, provided the appropriation of the State was adequate to the support of the inmates without any other aid from any other Quarter. But it is not adequate. Why should you say, therefore, that tne orphan asylums in ,the City of San Francisco should receive orphans from the whole State, when the State has not built these buildings, when the State does not maintain them except in part, and the buildings themselves are inadequate for the purpose of supporting all the orphan children in the State, or even of that city. I would agree to the amendment if the appropriation was adequate to the support of these children, but it is not aaequate, and you have no right to ask private individuals to pay the money out of their own pockets to support all that may applv, in order to get the State appropriation. That is not the purpose of this charity. It should not be the purpose of any amendment to compel any asylum to do that thing unless the State apropriation is made sufficient to enable them to do it. I hope the amenoment will be voted down. Mr. walker, of Tuolumne. Mr. Chairman: I wonld ask, if the State considers it necessary that these institutions shall take sole care of the orphans, etc., and contribute money sufficient for that purpose, whether or not these institutions do not become quasi institutions or the State? Mr. HAGER. They do so far as the State aid is concerned. But it is a partial aid, as I said ; if the aid was sufficient for the entire support of tne orphans, then it would be all right. These buildings cannot accommodate more than fifty or one hundred apiece. Thev have not the room. They are limited in their capacity. Why would you com- pel them to do that which it is impossible to do? Mr. walker. It would not be considered impossible. If these institutions are goine to take it upon themselves, the supposition is that they will erect buildings to accommodate all. Mb. HAGER. How can they do it? Mr. WALKER. We have voted that the State shall contribute sufficient money. Mr. HAGER. The State has not contributed one dollar towards the building of the orphan asylums of the City of San Francisco. They were put up by private charity. They have not the capacity to accom- modate all that apply at this time. They have no funds to build with, and all that the State has appropriated hitherto is not sufficient to main- tain thepi. Why. ask them to do that which they cannot do ? If the amendment went so far as to provide buildings it would be all rifht. But it does not. Why, then, ask them to do what is impossible unless you wish to close their doors; because I am sure they will not under- take to do that which they cannot do. BBMABKS OF XB. BBDDY. Mb. REBDY. Mr. Chairman : It seems that the result of this amend- ment would be to take from the managers of these institutions the dis- cretion aa to who they will receive. As I understand this measure, it would only be necessary for any person to mako an application, claim- ing that they were within the description given, and if they were reniselitic8 is sufficient reason for the success of the institution. The remark make is that it can be done. I wish now that these institutions simply be held responsible, and that there be some power to compel them to receive and take care of the orphans of the Siate, if thev are to be intrusted with that duty by the State and are to be paid by the State for it. 8PBBCH OF MR. BALK. Mr. hale. Mr. Chairman and gentlemen of the committee : This is a matter of much importance that we are dealing with, and I trust that we shall deal with it with prudence. I think it makes a difference of a good many thousand votes, and I address this to those gentlemen who are desirous that the people may adopt the Constitution which we may pass upon here. Now, the question as it stands, if I correctly understand it, is that sectjpn twenty -two is not emasculated. It is added to. Section twenty-two runs thus : " Sec. 22. No money shall be drawn from the treasury hut in con- sequence of appropriations made by law, and upon warrants duly drawn thereon by the Controller ; and no money shall ever be appropriated or drawn from the State treasury for the use or benefit of any corporation, association, asylum, hospital, or any other institution, not under the exclusive management and control of the State as a State institution, nor shall any grant or donation of property ever be made thereto by the State. An accurate statement of the receipts and expenditures of public moneys shall be attached to and publishea with the laws of eveiy regu- lar session of the Legislature."' As I understand, no part of that has been stricken out, but an amend- ment haji been adopted, which reads in this wise — that is, by adding at the end of the section, after the word "State," (his: " Provided, that, notwithstanding anything contained in this or any other section of this Constitution, the Legislature shall have the power to grant aid to insti- tutions conducted for the support and maintenance of minor orphans, half orphans, or abandoned children, or aged persons in indigent circum- stances, such aid to be granted on a uniform rule, and apportioned to the number of inmates of the respective institutions." Now, that has been adoptea by the Committee of the Whole, and I shall assume, as I believe it has been done in good faith, that it is expressive of the sense of the committee. Now, the pending amend- ment, if I understand it, reads this way, by adding to Mr. Wilson's amendment: " Provided, that institutions having care of orphans, half orphans, abandoned children, and aged indigent females, shall not refuse such on application to their respective institutions." I do not Know who is the author of the last amendment, but I would suggest to him that in order to make it conform to the amendment already adopted, that the word "female" should be stricken out, and the word "persons" substituted for it. Will the gentleman accept it? Mr. WALKER, of Tuolumne. I do not think it is necessary. The County Hospitals take care of all indigent males. Mr. HALE. Mr. Wilson's amendment provides for " orphans, half orphans, or abandoned children, or aged persons in indigent circum- stances." Mr. walker I think it would defeat the whole object in view. I tried to explain that there was a small number of old infirm indigent females, who are now left entirely without support, and in a most deplorable condition. My object is to have these particular females taken care of. Mr. hale. Your purpose is to require that they shall be received without distinction. Mr. Walker, of course. There is no distinction, in my mind; they are all in need. Mr. hale. Of course, if it be not agreeable to the gentleman, I do not wish to urge it. I am in favor of the amendment with the sug- gestion that I have offered, so that it will apply to indigent persons whether male or female. Mr. walker I do not presume that Mr. Wilson's amendment provides for indigent per^ns. Mr. hale. Yes, it does. I will read it again : " Provided, that not- withstanding anything contained in this or any other section of this Constitution, the Legidature shall have the power to grant aid to insti- tutions conducted for the support and maintenance of minor orphans, half orphans, or abandoned cnildren, or aged persons in indigent cir- cumstances." Mr. walker. I see it does. Mr. hale. Now will you accept the an^endment? Mr. walker. No, sir. That is not my object. Mr. WHITE. Under your amendment could the fourteen thousand people who were starving in San Francisco last Winter get into the orpnan asylums ? Mr. hale. I do not know whether they could or not. I am dis- cussing the question from the standpoint of the committee's action. Now, what was the object of the Committee on the Legislative Depart- ment? They have little opportunity to explain the motives of their report on this floor thus far. It was this: ttiat while we recognize the fact that the orphans, and half orphans, and abandoned children, and aeed persons in indigent circumstances spoken of are properlpr the wards of the State ; that they are entitled upon every just consideration to receive the support of the State ; yet the purpose was to secure it to be done under general law, and upon terms that should be equal, and 'con- ducted in State institutions, so that the money which is drawn from the treasury might be applied to all those persons in the classes enumerated wherever they might be in the State. That was the policy of the com- mittee. Now the Committee of the Whole hajs modified this to the extent of allowing this system of supporting the orphans in private institutions to be continued, and providing that the State treasury shall bear, in part, the expenses of such support. Mr. walker. I will accept tnat amendment proposed by the gentleman. Mr. hale. Mr. Chairman : I still say with this amendment, as it now stands, we will accomplish the purpose in this way: while by vour action you have allowed this duty of supporting them to be taken by private institutions, this amendment aims at this result, that wherever these wards may be, whether in San Francisco, San Dieeo, or Siskiyou, in Placer or Monterey, wherever they may be. they shtul have a right to go to these institutions, and be permitted entrance there, s^d be sup- ported upon equal terms with the others. Mr. biggs. Does not that take in Chinese women and children? Mr. ROLFE. Chinese prostitutes? Mr. hale. I do not know how that may be. It will be determined by law. The State owes as a duty a guardianship to its wards. No gentleman will deny that it is a duty. You have decided that you will perform this duty through these private institutions. Suppose there be six persons in the county where I reside. By what right can they go to these institutions and demand entrance? By none whatever. There is no power to place an orphan in one of these institutions except the management of the institution upon their own sweet will see fit to do it. The amendment seeks to remedy this evil. Since the State proposes to allow these institutions the charge of the orphans, and proposes to pay for their support, all the wards of the State should have the benefit of the money. Mr. HAGER. The amendment already adopted provides that the aid shall be granted on a uniform rule. It does not apply to one any more than another. Mr. hale. But suppose we have no such institution in Placer County? How can they get into institutions in San Francisco? Mr. HAGER. You cannot Mr. hale. The policy is, that since the State pays for it, all per- sons in like necessitous circumstances, wherever they may live, snail have the benefit of that fund and have the right to entrance and support there. I appeal to the sense of justice of this committee, is not this ri^ht? I am not one of those who agree with the policy of the com- mittee here, to substitute private charitable institutions to perform the duty, but having adopted that, is it not right that you should give all of them the right, the common right of entrance tnere and of support? I ask every gentleman to weigh this matter well, and I implore you to do this act oi justice. We have had orphans and indigent persons in our county, and have had no place to put them. Why ? Because the State has none. Because of this system of appropriating money to these pri- vate institutions, there is no public asylum in the State. The State nas none, never has had, and never will have, so long as'you have this sys- tem. But you have adopted it, and as an act of justice, I hope that the committee will adopt this amendment, and provide that all these per- sons, wherever they may live in the State, shall have a common right of entry and support in these institutions, and it strikes me that the ends of justice wiU be accomplished. RKMARKS OP MR. FRSEMAX* Mr. freeman. Mr. Chairman : It seems to me that the amend- ment now proposed is only an adroit move to defeat the action of this committee, resolved upon this morning. If it were true that the St^te proposed to appropriate for these institutions a sufficient sum for the maintenance of all the orphans, half orphans, and abandoned children, then there would be a reason why every applicant should be admitted ; but the State has not proposed to do anything of that kind. She only proposes to pay a portion of the expenses which the institutions are now compelled to maintain, and now, as a condition of her paying a portion of the expenses which are ordinarily incurred in these institutions, she insists that they shall assume an obligation, the extent of which cannot be measured. Mr. LEWIS. Does the provision adopted this morning prescribe the Dec. 20, 1878. OF THE CONSTITUTIONAL CONVENTION. 793 amount the State may pay? Does it not leave it to the Legislatui^ to per anything that is necessary 7 Mr. FBEEMAN. Yes, sir. The proposition adopted this morning might cause the Legislature to make an adequate compensation, hut it is not to be expected that the Legislature is going to donate to these institutions the full amount necessary for their support. But it seems to me that the point must be reached in every institution when that insti- tution is full, and when it is full I do not understand how it can accom- modate any more. For instance, we have, within a short distance of this building, an orphan asylum. It is capable, I will assume, of accom- modating filly orphans. It may be full. Every orphan may be accom- modated there that can possibly be accommodated, and yet, under the provisions of this amendment, that institution has no right to any appro- priation unless it shall take every other orphan which shall thereafter apply. In other words, it must agree to ao that which no institution can do, to bring itself within the section as agreed upon this morning, if this amendment is adopted. Another feature of the amendment is ita broad character. They must admit every orphan and every abandoned child that applies, under the provisions of that clause, it would be necessary for them to admit an orphan twenty years of age, that is fully capable of maintaining itself. Tne truth is, that these men who are controlling these institutions understand them better than we do. They have to taxe into consideration who are proper persons to be admitted there; and, again, it seems to be manifest that there are orphans or children in the State whose moral character is such that an institution of that kind could not afford to admit them indiscruninately — whose moral character is such that it would operate badly upon the other inmates of the institution. This discretion of who shall be admitted and rejected, must necessarily be left to the persons who maintain these institutions. I am asked what is to become of them? I do not know what is to become of them. It must be one of the ideas of this Conven- tion that we shall shut off and shut up, as far as possible, the charities of the State. We have already adopted a section which will dose the doors of the treasury to many worthy charities. We have cut off all a|:mropriations for benevolent societies, and yet, because, under the lim- ited language of this amendment as it has now been adopted, we cannot find a place to put these persons, it is urged that this matter should be made more objectionable than it is now. SPBKOH OW MR. BRBR8TECH1B. Mr. BEERSTECHER. Mr. Chairman, and gentlemen of the com- mittee: It seems to me that the true criterion of this whole matter is that of limit. The gentleman from San Francisco, Mr. Reynolds, says that by the amendment we have already adopted, we have placed the orphans exclusively in the control of these institutions. '' Exclusively " is the word that the gentleman from San Francisco uses. The gentle- man is mistake. We have not attempted to place the care of the orphans and indigent persons exclusively under the control of these private institutions. Now. there is a vast difference between these pri- vate institutions and institutions thaC are maintained and cared for by the State, and the difference arises exactly upon the point of limit. These private institutions receive aid for the persons they have actually cared for. The basis of the aid is the number taken care of, and there- fore it cannot be any injury to the State. If the institution says, '' We will take care of one hundred orphans^" or, ** We will take care of two hundred indigent persons'* — for, in the one case, the State pays for the one hundred orphans, and in the other case it pays for the two hundred indigent persons — it does not pay for any more than are taken care of. If the private institution limits its numbers, it thereby simply limits the amount of the appropriation ,* and who has got anything to complain of? If it limits the amount of the appropriation, certainly the State cannot complain. They have a right to place a limit upon tne number of per- sons they take care of, and they have a right to say what kind of persons they will take care of. The State can only say : "If you do not take care of a certain class of persons, we will give you nothing at all,*" but, after the class has been disposed of, the institution has the right to say how many they can accommodate, and the State cannot complain, whether they take care of a greater number or a less. There is always a limit to the capacity of private institutions, but there is no limit to the capHunty of State institutions, in a certain sense. The State must take care of all of its poor, of its orphans, of its indigent, and of its sick. It is a duty that properly belongs to the State, and, where charitable insti- tutions, benevolent institutions, or hospitals established by private enter- grise, see fit to take the burden off the shoulders of the State, and the tate says that, " By reason of your doing that which properly belongs to us, we will give you a certain amount of aid for every person that you take care of," they have a right to say how many persons they will take care of, and, consequently, will see just exactly how much aid they propose to appropriate. There is no harm done, there is no injury done to the State, and there is no wrong done to the institution. There are many reasons why these institutions should have the right to say who should be admitted within their quarters, why they should have the right to say how many persons shall be admitted, and if the institutions are not properly conducted, all the State can do is simply to say: ''We will gjive you no aid. We will cut off the aid entirely." Under these cir- cumstances they certainly have a right to designate who and how many they will take. I cannot favor ^at kind of an amendment. The amendment which has already been adopted does not place it exclusively within the control of private institutions. We desire to perpetuate and continue the existence of every benevolent institution within the limits of the State; and because we do desire to perpetuate, and because we do desire to continue them, therefore we desire to give them aid; but it in nowise cuts off the State from going into the same business. Mr. CONDON. Mr. Chairman: I move the previous question. The motion was seconded by Messrs. Joyce, Belcher, Tinnin, and Jioreland. 100 The main ouestion was ordered, by a vote of 70 ayes to 15 noes. TuK CHAIRMAN. The main question has been ordered. The Ques- tion is on the adoption of the amendment offered by the gentleman from Tuolumne, Mr. Walker. The amendment was rejected, on a division, by a vote of 53 ayes to 60 noes. Mr. WINANS. I desire to offer an amendment. I would like to read it myself. Amend section twenty-two by inserting in that portion of it which constitutes the amendment of Mr. Wilson, the words " or invalid " after the word ''aged." It now reads: "Provid<^, that notwithstand- ing anything contained in this or any other section of the Constitution, the Legislatute shall have the power to grant aid to institutions con- ducted for the support and maintenance of minor orphans, half orphans, or abandoned chudren, or aged persons in indigcint circumstances; such aid to be granted on a uniform rule, and proportioned to the number of inmates o? the respective institutions." Now^ my object is to reach that class of persons wno are invalids, and I desire to insert before the word "aged" the words "or invalid," so that they will be embraced within the provisions of this amendment. Thr CHAIRMAN. The amendment is not in order. The amend- ment of Mr. Wilson has been adopted, and cannot be again amended. Mr. LEWIS. I propose to amend the section as it now stands. Insert between the word " circumstances " and the word " such " in line ten, the words " or to any benevolent institution." That is to go in the tenth line of Mr. Wilson's amendment. Thr chairman. It is out of order. Mr. WINANS. I propose to amend section twenty-two by inserting the words "or invalid," so as to take in that class. Is that in order? Thr chairman. No, sir. The Secretary will read section twenty- three. Thr secretary read: Src. 23. The members of the Legislature shall receive for their ser- vices a compensation, per diem aqd mileage, to be fixed by law, and paid out of the public treasury ; but no increase of the compensation shall t%ke effect auring the term for which the members of eitner house shall have been elected. Mr. LARKIN. I have an amendment to offer. . Thr secretary read : " Members of the Legidature shall severally receive for their services, a sum not exoeedine six dollars per day ; in addition to the foregoing per diem, members shall receive, as mileage, a sum not in excess of ten cents per mile for each mile necessarily traveled to and from the place of holding the session ; each member shall receive at each regular ses- sion, an additional sum of thirty dollars, which shall be in full for all stationery, postage, and other incidental expenses." " The members of the Legislature shall receive for their services in full, as compensation, a sum to be established by law, not exceeding five hundred dollars, for each regular' session, and two hundred and fifty dollars for each called session ; provided, that mileage shall be allowed at the rate of twenty cents per mile for one way only." Thr chairman. The gentleman can only offer this amendment as an amendment to -the amendment. Is there a second? Mr. BEERSTECHER. I second the amendment. RKMARKS OF MR. PILCHRR. • Mr. FILCHER. Mr. Chairman : I would say, as an explanation of my position, in offering the amendment to this report, being a member of the Committee on Legislative Department, that I struggled hard, in the committee, to secure this amendment, and it was defeated in the committee, and obtained a universal consent of the committee to offer this amendment in the Committee of the Whole. I argued there on the general principles of fixing salaries; that it became incumbent upon us, if we at all believe in the principle, to at least fix the maximum to be allowed, whether we fixed the salaries of such officers or not. I con- tended then that if the maximum to be allowed was fixed, and it was fixed on an economical basis, with them having the power to regulate, that the principle would stand itself throughout the whole system of govern- ment. We have seen, sir, in the past, attempts, as often as each Legisla- ture is convened, to reduce the salaries in California, and in response to that sentiment, the Convention has already reduced the salaries of the State officers; and, now, sir, to correspond with the reduction we have made, I claim that we should fix at least a maximum for the members of the Legislature. It is argued in reference to this, and also in refer- ence to the salary of the Governor and State officers, that we must pay fair compensation for good services. I agree with the sentiment, Mr. Chairman ; but I argue now, as I did then, that there must be a limit. It is conceded that the legislative office never was a money making office in California, while it would pay enough to support any man in the commonwealth, to live respectable, while ne attenaed a session here, still it would not pay any more than that. It has been enough to pay his legitimate expenses, sufficient to maintain him respectably during the. session, and it seems to me that six dollars a day is about a fair medium. In view of the. changed condition of affairs ; in view of the fact that the purchasing power of money is so much greater than it has been; that wages have come down in every direction; why should there not be a reduction in the pay of legislators? Why should they receive so much more than they are paid in any other portion of the Union? I will give some of the per diems paid in other States: In Illinois, five dollars; Indiana, three dollars; Iowa, five dollars and fifty cents; Maine, two dollars; Michigan, three dollars; Minnesota, five dollars; Missouri, five dollars; Nebraska, three dollars; New York, three dollars ; Ohio, five dollars ; Oregon, three dollars — I wish to call special attention to that in our sister State — it is three dollars. Now, if tnere be any good reason shown, why we, in California, should pay ten dollars, when three dollars has proven sufficient in Oregon, I would be glad to hear it. If it can be shown that high salaries produce com- 794 DEBATES AND PROCEEDINGS Friday, potency ; if it can be shown that the Legislatures in Oregon are propor- tionately weaker, I wish to bear it. Pennsylvania, seven dollars; Rhode Island,ene dollar; Wisconsin, three dollars and fiftv cents; Alabama, six dollars ; Jjouisiana, ei^ht dollars ; Texas, eight dollars ; Virginia, six dollars; West Virginia, three dollars; Nevada, eight dollars; Cali- fornia, ten dollars. It will be observed that the average is below four dollars. The State of Nevada, situated the same as we are, prompted by .flush times and mining excitements, and induced by the general high prices, fixed a maximum, and fixed eight dollars per day, even two dollars less than we have allowed here in California. We find out- side of this State, that' the highest prices are paid, in some of the south- em States, where these carpet-bag governments have secured the supremacy and rule. The average per diem in the conservative States, the good States of the Union, vrnere wisdom, intelligence, patriotism, and everything good in government prevails, is less than four dollars a day. In view of that fact, it seems to me that this is a fur maximum for California. Mr. BLACKMER. Mr. Cbainpan : I would like to ask the gentle- man if he does not know that the last Legislature cut down the pay to eight dollars a day, to take efiTect next December? Mr. FILCHER. I am aware of that. Now, the bills of members of the Legislature for stationery have been as high as fifty, sixty, and eighty aollars. I am satisfied that that privilege was greatly abused ; and it amounts to nothing less than legalized staling on a small scale. I am satisfied that thirty dollars is amply suflScient for all incidental necessary expenses of a short session, for the length of the time fixed here in the Constitution. Thirty dollars will buy all the stationery that any member will use during the ordinary term, and by all means it ought to be fixed; and this privilege of drawing indiscriminately and packing home stationery by tne trunk full ought to be stopped — a thing which I have known to be done. REMARKS OF MR. LARKIN. Mr. LAREIN. Mr. Chairman : 4 am opposed to the provision of the general amendment, and in favor of paying a gross amount to ajmember of the Legislature, and that that pay shall be in full for all services; that there shall be no consideration for postage stamps; for stationery ; « for paper bills; or fbr washing, or for anything else. Each man shall provide himself with everythmg he needs connected with his position as member of the Legislature. Five hundred dollars is suflScient com- pensation for any member of the Legislature of California under the provision of the Constitution which we propose to enact here, doing away with special legislation, limiting our term, etc.; and I believe that the true policy is to pay our members by the term. It will encourage mem- bers that come to the Legislature to take hold of the work and proceed without delay, and not depend simply upon their per diem; for if they complete the work in forty days it is five hundred dollars, and if it takes them eighty days, they receive but five hundred dollars. If mem- bers of the Legislature come here with the understanding that this is the only compensation, they will complete their labors in less time than if they draw a per diem for an indennite period. The idea of giving stationery and stamps to members ; there is no reason in it. The practice has been followed in many of the States. When the Sergeant-at-Arms had the privilege of purchasing and dispensing stationery, the stationery consisted of anything and everything — from a corkscrew to a barrel of whisky, or a bouquet. The stationery necessary for a member here will not exceed ten dollars; many will not use five dollars' worth. Let each member buy his own. Limit them to twenty cents a mile for one way only; they can return or not, as they please; that will be sufiScient for them. REMARKS OF MR. WEST. Mr. west. Mr. Chairn^an : I was in hopes of getting an opportunity to offer an amendment to Mr. Filcher's amendment. I desire, at the proper time, to ofiTer an amendment to that amendment, striking out "six" and inserting "five" — five dollars per day. Permit me to say, Mr. Chairman, that I believe — ^and I will repeat the remark made the other day on the floor of this committee — that whatever time we limited the Legislature to, we should pay the members a per diem. There is always an element in the Legislature, whether in California or any other State, that is in favor of adjourning and getting home with the least legislation possible, whenever their interests may not be served by remaining. Therefore, if the session of the Legislature should be a short one they will receive a per diem, and if it is a long one they will receive a per diem, and if the interests of the State require a longer session they will receive pay for that longer time. I hope that the com- mittee will not adopt the amendment offered by the gentleman from El Dorado, Mr. Larkin, but will adopt the amendment offered by the gentleman from Placer, Mr. Filcher, with an amendment making it five aollars a day instead of six. Mr. LARKIN. Mr. President : The reason of my offering that amend- ment I might have stated more fully. I propose to a^ain move in Con- vention to strike out all limit to the session of the Legislature. I believe in limiting the pav and not limiting the time that the session shall last. I am in favor of that proposition, and others in favor of that proposition favor striking out the limit which we have already passed, as to limiting the time in which the Legislature may sit, and placing th^ limit upon the pay. REMARKS OF MR. MCCALLCM. Mr. McCALLUM. Mr. Chairman : I hope the amendment of the gentleman from El Dorado will not prevail, because it ignores the fact — remarked by some philosopher, I do not know when or where — that there is a great deal of human nature in mankind. By giving a salary of five hundred dollars, unconditioned as to time, I presume we might have very brief sessions of the Legislature. I do not know any good reason why a session should hereafter extend over thirty days, in view of the fact of the report of the committee here in section twenty-five, which, if it should be adopted, contemplates general legislation in all cases. Why the Legislature should be in session over thirty days is more than I can comprehend, and I believe in some of the States their Legislatures have remf^ned in session but thirty days; therefore, five hundred dollars would be entirely too much. I am opposed, also, to the amendment offered by the gentleman from Placer, Mr. Filcher ; first, because it is unnecessary legislation in the Constitution. An Act of the Legislature has already passed Mr. filcher. Most all of the other States have found it necessary. Mr. McCALLUM. Not most all of them. A number of them, it is true, have done so. It was formerly provided in this State, in the first instance, that the per diem should be sixteen dollars per day. After- wards, in eighteen hundred and fifty-three, I think, the per diem was reduced to twelve dollars per day. In eighteen hundred and fifty-seven, the per diem was reduced to ten dollars per day ; and at the last session of the Legislature the per diem has been reducAd further, to eight dol- lars per day. That is one half. It may be that eight dollars a day is a dollar or two too high. That may possibly be true; but to fix an inflex- ible rule in the Constitution that it shall be six dollars a day, or eight dollars a day, or five dollars a day, it seems to me would not be very wise legislation. It is true that the purchasing power of a dollar aow is considerable more than when the per diem was fixed at sixteen dollars, at twelve dollars, or at ten dollars per day. I am not enough of a finan- cier, and I do not know of anybody else who is, to tell what is going to be the purchasing power of a dollar, while this Constitution shall last, f>rovided it shall be adopted by the people. It appears to me the Legis- ature has done very well in making a reduction of eight dollars, and it is beneath the dignity of a Constitutional Convention to attempt to legis- late to the extent of two dollars on a per diem, and fix that inflexible rule, and a specific rule, as I understand. Another argument in favor of the section is this that it is section twenty-three of the present Constitution. It proposes no change. Again, we have adopted an amendment already jpirhich provides that after sixty days there snail not be any compensation whatever. Now, if there should be a session, necessarily extending beyond the sixty days, ten or twelve days, it is understood that the legislators get nothing for their additional time. That certainly is an argument in favor of not fixing this inflexible rule. The Legislature has already fixed the per diem, and in the absence of anything in the Constitution, it stands as the rule, therefore there is no necessity to legislate upon the subject. Among the numerous objections which are made to us outside of the Convention, that which I hear most frequently is, that we are legislating too much. I am perfectly aware that that comes from ignorance of what we have done, for there are a good many who are taught to believe that such is the case. They read the original proposition and do not read any further; perhaps that is enough for them. No, sir, I submit that we had better take the Constitution as it is, with the action of the Legisla- ture, upon that subject, and inasmuch as we have reduced the session to sixty days — no per diem after that. The per diem has been reduced by law to eight dollars per day, and we might as well leave it ri^ht there; but to fix an indexible rule, without knowing the purchasing power of a dollar in the future, is to do a very unwise thing in a Constitu- tion. There are many things which may operate to change the pur- chasing power of a dollar. Why, if in the city where you reside, persons who are engaged in mining operations are to be believed, the Comstock is worth one nundred and fifty millions of dollars, with a prospect of being worth fifteen hundred millions of dollars, it will have its effect upon the value of coin. I do not think these things are very probable, but they are within the range of possibility, and even such things as that do affect the purchasing power of a dollar throughout the whole world. The gold which has been produced in California has revolu- tionized the world, as regards the purchasing power of money. Sir, I do not know how it is elsewhere, but in the part of the State which I have the honor, in part, to represent, the complaints have not been made on that score; the objection has been to the scheme connected with legis- lation, and not to an honest compensation of honest and faithful officers. REMARKS OF MR. BARRY. Mr. BARRY. Mr. Chairman: It is surprising to see the mania which affects a large portion of this committee. Propositions are brought up from time to time which seem to aim at economy, but when sifted down it is in effect but a degradation of the public service. So it is with this amendment. It would be, in my opinion, demoralizing and degrading to the public service. If any portion of the remarks which have been urged upon this floor against our legislators in the past is true, then, sir, there is still greater reason why the law should remain as it now is, that legislators should receive the sum of eight dollars per day. In the past they had ten dollars; but as I understand it now, the pay of legislators is eight dollars per dav and mileage. Now, sir, I believe that is little enough for any man of honor to come to the Legislature and do his duty to himself and to the people of this State. If you lessen the amount, then, sir, in my opinion you open the door to the corruption which has been charged to nave b^n used so freely. It is sufficient, in my opinion, for this committee to judge of the conditions of men ; judge of the motives that may impel them ; consider human character; con- sider its human frailty; consider that men are liable to be tempted; that they are subject to the tempter ; that men are necessarily imperfect, and that those imperfections always will remain; admit that there is a growing sentiment in this State among the people who are desirous of selecting a higher standard of men to fill public stations. Admitting that the people are more likely in the future to select men who cannot be bought, tnen, sir, let these men be paid a proper amount for their services. Do not let it be said that the great State of California, with all its resources, has cut down the pay of ita officers to the level of the States which have been named by the gentleman, like Rhode Island and others, where the pay is three or four dollars a day. ' But here, in a Dec. 20, 1878. OF THE CONSTITUTIONAL CONVENTION. 795 r State that is well able to paj eight dollars, it is well to keep up the high standard of morality and wortn. And let it not be saia that we are unable to paj our public servants such an amount as thej ought to be paid. For one* I know that the people whom I have the honor to repre- sent, are against the reduction. I have talked with them freely upon it, and I believe that is the general sentiment. What they demand is that taxation shall be eoual and uniform; that the rich shall pay for what they are worth, ana that the poor shall not pay any more; and that something shall be done about lands; and that uncultivated lands shall be taxed as well as cultivated lands, if they are worth as much and are of equal producing capacity; and to provide for the public revenue, in such a manner that they will be better able to sustam the fpvemment. Now, prevent the corruption which is said to exist in our State — and it must be admitted that corruption does exist, and that it is likely to exist more or less — but our main endeavor should be to pass such laws as shall prevent this corruption as much as it can be prevented. Let us do this and we shall do our dulhr. But let the amount of the salary of the legislators remain as it is. The gentleman from San Fran- cisco, Mr. Stedman, suggests that a man may live on five dollars a day, but tJbere are very few who will come here and live on that amount. There are very few' who can come here and liv6 on that amount And the greater number of the legislators are, I am happy to say, men of families — married men. They cannot leave their families at home, and they cannot sustain themselves and their families and live as they ought to live, for such a compensation. Therefore, I hope, Mr. Chairman, that this amendment to cut down the pay, will be promptly vot6d down. Mb. RINGGOLD. Mr. Chairman : I shall tavor the section as reported by the committee. I do not know that the gentleman from Placer, or any other ^ntleman, has returned any conscience money, though they nave received ten dollars a day. RXMARKS or MB. BBTNOLDB. 'Mb. REYNOLDS. Mf. Chairman: I hope that the amendment offered to this section 4vill not be adopted by the committee, and for the reason that after all is said and done about this p<»r diem business of the members of the Legislature, or the question of salaries, it amounts to nothing to the member, and it amounts to nothing comparatively to the State, and there is no need of spending a great deal of time on con- triving to tie up the matter in any particular way. We have found that the Legislature itself has gone on reducing the per diem as far as expenses have been reduced, ana that seems to be one of the things that we can trust the Legislature with. I do not see why we should not adopt the section of the old Constitution which has been reported by the committee. [Cries of "question," " question."] Mb. REYNOLDS. That seems to be an invitation for me to bring my remarks to a close. I will. Thi chairman. The question is on the adoption of the amend- ment offered by the gentleman from El Dorado, Mr. Larkin. The amendment was rejected. Mb. WEST. I move to amend bv striking out the word " six," and inserting in lieu thereof the word " five." Mb. McCONNELL. I second the amendment. BEMABKS'or MB. LAINB. Mb. LAINE. Mr. Chairman: I am in favor of the proposition as originally offered. Now, I have seen here shameless proceedings in regard to this matter, and had the resolution passed tnat was offered here at an earlv day, that no member of this Convention should be a candidate for office at the first election after the adoption of the Consti- tution, I should receive with much more pleasure a statement of what is beneath the dignity of this Convention. I have known, in times past, absurd scran^bles over mere matters of postage stamps, stationery, and newspapers. These things have occurred, and the whole State is ashamed of it. Now, wh^r not put in here a reasonable compensation for services, and not leave it for these scrambles. Now, no further back than eighteen hundred and seventy-three-four, I find that for the mere matter of newspapers there was expended seven thousand three hundred and sixty-nine dollars and ninety-one cents—just for newspapers. Then for extra compensation to their clerks, in the same session, they spent seven thousand eigki hundred and fo/ty-eight dollars and eighty-six cents ; making in these two items alone the enormous sum of fifteen thousand two hundred and eighteen dollars and seventy-seven cents. Now, I say that was a shame and an outrage, and as the people have called us together here, it becomes our duty to see that it never occurs again. I am in favor of this amendment, and that there shall be no extra pay or compensation. If five dollars is not enough, fix it at twelve dollars, but fix it somewhere, so that the people may know, and not leave it to the arbitrary judgment of the Legislature. They form com- binations for the purpose of enlarging their pav, and in this most shame- less manner, take the money that belongs to the State. BBMABKB OF MB. IKMAN. Mb. INMAN. Mr. Chairman : I hope the gentleman's amendment will not prevail. I do not know that I shall ever get here again. I hope I won't. We have got nine dollars and fifty cents a day. Now vou propose to pay five dollars a day. I hope this Convention will not be so niggardly as to cut these gentlemen down to five dollars a day, so that they cannot live respectably. I suppose that they are not going to have any clothes. I object to anything so niggardly. Eight dollars a day is low enough, and I do hope that this (x>nv6ntion^ill not fix it below eight dollars per day. If the gentlemen's consciences hurt them so much, they can pay back five dollars a day that they have received here. I do not presume any of them will. I hope that the amend- ment will not prevail. BKMABK8 OP MB. WBBSTEB. Mb. WEBSTER. Mr. Chairman : I hope the amendment will pre- vail, not for the reasons, mainly, that have been stated here. It is notorious that, in every department of the Government, there has been extravagance. We have tried, even in our County of Alameda, to reduce the salaries of officers. We find that it is impossible, while at the head of the Government salaries are out of all proportion to the services rendered. I think, sir, that in order that this reduction may run through the whole svstem, that we must begin here. Here is the place. We have tried it with the county governments. That, sir, is like trying to stop the progress of a monster, which is eating out our substance, by cutting off nis tail. I believe in cutting off his tail two inches behind his ears, and that is right here. I know that it is not. the per diem that brings any member here on this floor, or on the floor of the Legislature, that is worthy of the place. I hold, sir, that there is not a member here but what would have come just as readily for five dollars a day as he did for ten dollars. It was conceived, sir, that there was some honor attached to this position. It was formerly conceived that there was some honor attached to the position of a legislator, and the reason why there is no honor is, that it is a scramble for office and for the emolu- ments of office. I hold that we want to come down to the old principle when the office will seek the man and not the man the office. We must have it so that men will come here for the love of the State and its service; for the honor that is attached to the position and not the money. In every department of the Government we need a curtailment and reduction of expenses, and we come here, avowedly, for the purpose of reduction. Now, sir, if we begin here this reduction, this curtailment, this retrench- ment will follow down through every department of State, and we can hope for nothing in that direction without we do begin here. I hope the amendment will prevail, with the difference between five dollars and six dollars. BBMABKS of MB. WBST. Mb. WE^T. Mr. President: It has been charged that the motive and intention of this motion is to represent the people of this State as niggardly, or in other words, as being unjust to their public servanU. It has also been represented that in those Stales which have prescribed a lower limit the Legislatures were dishonest or incom- petent, and that the services of the best men of the State could not oe obtained for such paltry sum. I deny it; and I insist that the greater price you pay the more likely you are to have men seeking office for dishonorable motives, who expect to speculate either in the S)r diem or the perquisites of the office, directly or indirectly. I con- nd that in those States which have been mentioned as paying low salaries, there are men in the Legislature every year who are as compe- tent even as Mr. Barry is. I claim that the States that have paid three dollars a day are no more nig^rdly than is the gentleman on my left ; and the members of the Legislature in those States dress themselves just as respectably as the gentleman on my left Every laboring man's club that has passed a resolution on this matter, as far as I have seen, have fixed the figure at five dollars per day. The public has demanded that the per diem of the Legislature shall be fixed in the Constitution, and as the gentleman from Alameda has well said, when you fix their per diem you fix the criterion by which the Legislature will fix the salaries for the county queers and the other officers of the State. You cannot expect retrenchment and reform when you make the fountain head impure. You must commence at the fountain head, and if you fix the per diem of members of the Legislature at five dollars, they will fix the per diem of other officers in proportion. I assert that there are just as competent men as there are in this Convention that would be glad to get three dollars a day and work with a pick and shovel ; men who are fit and competent to sit in this Convention, so far as talent and •education is concerned, and because fate stands cruelly in their way, it is no sign that they are not competent. Sir, there are hundreds of citi- zens of California to-day that would be glad to make one dollar a day. I contend that five dollars is sufficient to get honorable and honest men to come here and legislate for the people of this State. And I believe that the intelligence of this committee will bear me out in saying that there are men here who could have made twenty dollars a day at home, and yet they have come here like yourself and others to serve the State — not lor the sum they receive as a per diem, but because they expect to build a monument for the State, to insure and enhance its future pros- perity. * BBMABKS OF MB. OBBOQ. Mb. GREGG. Mr. Chairman : I do not think these gentlemen ought to vote for this limitation, for I cannot imagine that a man can live here for five dollars a day. Certainly he leaves a family behind him and comes here. He is compelled thus to keep up two establishments, and doubles his ordinary expenses. We should make some allowance for burying unfortunate men who die in this town. I do not understand how you can expect men to attend the Legislature, leaving their business at home, for five dollars a day. Five dollars per day will not pay their ordinary expenses; if they bring any member of their family here they cannot pay their hotel bills; they cannot go into society. I think that eight dollars a day is small enough pay — four hundred and eighty dollars for a session of a Legislature. Men have to leave their business and come here from distant parts of the State, and even at ten dollars per day they would make no money at it. Why, it is simply niggardly to pay five dollars a day. This great State is able to pay a man a fair ana reasonable compensation for nis services. I say that at eight dollars a day I do not think anybody will go home rich, unless they are good hands at poker. [Laughter.] BBMABKS OF MB. BOLFB. Mb. ROLFE. Mr. Chairman : I am in favor of carrying on eoonom- L-n^'/^A ■--- V,r Ir .' ^f ■■•■ V *• >>, , c -"- ^ '■» >i / J •-'^t f * . i. r- - "r- ■ 'r'- ^^- >■'■> ■■-'. t ■ "^ ■■■ • «• "•■*►' T ' ^ ■■> • - r^r > . . - *'-•-•,■ -. -5*',"".- ■>- V ■. i--? -' ^ ^ ■ < ■ y' - ^-' V ; >' . «■ K^i -, •* - - - ' -- • ■'. ».' • • » , 1 •4 ■ "". -.C- - .. .^' . -h ■^ . . . - '^.•..>. ^•-' »> ' v^^..-- ^^- -1- •' 1 4-" .•■-,:,. I 796 DEBATES AND PROCEEDINGS Friday, ical ffovemment as much as anybody. We have limited the time for wHicn the Legislature shall receive pay to sixty days. Now, gentlemen say that is ample time for them to do their work. I hope it is. I fear it will not be. The Legislature limited the time for which we should reeeive pay to one hundred days. Everybody thought it would be ample time. Some thought we would get through in thirty days. There was nobody that thought we were going to stay over the one hundred days. Now we find that the one hundred days will not more than half complete our business. Now, it may be that we will find the Legisla- ture in the same situation. We may find that we are mistaken^ and that we have not allowed them sumcient time. Even if they finish their work in sixty days, I say that eight dollars a day is none too much for them to receive, taking into consideration the fact that they have to • abandon their business — and any man who has got no business is not fit to go to the Legislature. No man, unless he has got brains enough to have some busmess, is fit to occupy a seat in the Legislature. If, how- eyer, the purchasing power of money should change, and the Legisla- .ture should in the future be satisfied with a less amount, then leave it to them to change it, and I have no fears but what they will act honorably in this matter. I will admit that some uf our Legislatures heretofore have acted extravagantly; but this extravagance has not been in the per diem. It has been m the little incidental matters, such as news- papers and stationery. Nobody knows what this amounts to. ,If we make any limitation, let us make it in these incidentals. I protest against putting into the Constitution a provision cutting down the pay. And I predict that in limiting the time for which they shall receive pay we will find hereafter that we have made a mistake. I fear we have made a mistake in cutting down the time of the session, when we take into consideration how slowly work progresses in the Legislature. There- fore I shall vote for the original section, as it stands in the old Constitu- tion and in the report of the committee. I will say that if a proper amendment is proposed which will limit the amount of stationery which can be drawn by a single member, or something like that, I have no olyection to it. I think there has been a great abuse of that privilege, and I believe that in the future the legislators themselves will prevent it. RKMARKS OF MR. OVKRTON. Mb. OVERTON. Mr. Chairman : I am in favor always of economy in the ri^ht direction, but I am not in favor of public servants working for nothmg. My constituents do not want men to come up here and serye them for nve dollars a day. We expect to send business men to represent us,* men who have got plenty of business; men quite as worthy and as well qualified and competent as ourselves. There may be those who would be willing to come here for five dollars a day who haye nothing else to do, but they are not at all suitable to represent us, because they know nothing about our interests. We want business men. It is not the expense alone here. A man who receives a nomination for the Assembly is expected to go around his county and express his views upon various topics. He spends a month or six weeks in canvassing his county. That is attended with considerable expense. There is no pro- vision made by which his ticket is published, or his card in the paper. He has got to pay a little at the cross roads, or at least that has been my experience. We are not in the habit of taking these Jersey drinks in our county. We ask those around us to join ; we expect to keep up that habit, and our voters expect to pay men so that they can run for office respectably, come to Sacramento in good shape, acquit themselves with dignity, and live at first dass hotels. I am against the proposition, and I am in favor of the section as it came from the committee, leaving it to the Legislature in the future to reduce it if they see fit. They have reduced it fast enough in the past, and I claim that they are just as competent to fix it as we are. We are not more honest than they are, and they have treated us a great deal better than we are proposmg to treat them. They have given us ten dollars a day and cut themselves down to eight dollars. I do not think they gave us any too much ,* I am not going to get home with any money. I wish they had given us more, and more days to draw it. Mb. CONDON. Mr. Chairman : I demand the previous question. Seconded by Messrs. Joyce, Gorman, Barbour, and Heiskell. The main question was ordered. The CHAIRMAN. The question is on the amendment ofi*ered by the gentleman from Los Angeles, Mr. West, striking out "six," and insert- mg"five." The amendment was rejected. The chairman. The question recurs on the amendment offered by the gentleman from Placer, Mr. Filcher. The amendment was rejected, on a division, by a vote of 47 ayes to 60 noes. Mr. WALKER, of Tuolumne. I have an amendment to offer. The secretary read: "Add after the word * treasury,' the following: * Provided, that the per diem shall not exceed ten dollars, and no incidental or other allow- ance shall be made.' " Mr. walker. Mr. Chairman: My object is that the per diem should be fixed and established by the Legislature, and I think ten dollars per day is as low as it is safe to fix it. My object is to stop this outrageous extravagance spoken of by the gentleman from Santa Clara, Mr. Laine. Mr. KENNY. Mr. Chairman: I have an amendment to offer. The secretary read : " " Members of the Legislature shall receive for their services a com- pensation per diem, to he fixed by law, and mileage, not exceeding the actual amount of fare charged by common carriers to convey members to the seat of government for a single journey, and the same shall be paid out of the public treasury; but no increase of compensation shall take effect during the term for which the members of either house have been elected." The CHAIRMAN. The question is on the adoption of the amend- ment offered by the gentleman from Tuolumne, Mr. Walker. The amendment was rejected. The chairman. The question recurs on the amendment offered by the gentleman from San Francisco, Mr. Kenny. The amendment was rejected. Mr. crouch. Mr. Chairman: I send up an amendment. The secretary read: *' Members of the Legislature shall each receive for their services a per diem and mileage, to be fixed by law, which compensation shall not exceed the sum of five hundred dollars for each regular session of the Legislature, and the sum of two hundred and fifty dollars for each called session; said mileage not to exceed* thirty cents per mile for one way only. Said compensation and mileage shall be in full f(V compensation, mileage, stationery, postage, papers, and all other incidental expenses." The chairman. The question is on the adoption of the amend- ment. The amendment was rejected. Mr. PROUTY. Mr. Chairman : I send up an amendment. The secretary r6ad : "Amend section twenty-three by inserting in the second line after the word 'compensation' the words 'not to exceed seven dollars.' " The chairman. The question is on the adoption of the amend- ment. The amendment was rejected. Mr. freeman. Mr. Chairman : I desire to offer an amendment. The secretary read: "Strike out all after the word 'Treasurer,' in line three, and insert the following: 'Such per diem shall not exceed eight dollars, and such mileage shall not exceed ten cents per mile. No increase in compen- sation or mileage shall take effect during the term for which the mem- bers of either house shall have been elected.' " The chairman. The question is on the adoption of the amedH- ment. The amendment was adopted, on a division, by a vote of 63 ayes to 42 noes. Mr. TINNIN. Mr. Chairman; I have an amendment to offer. The secretary read : "Add ' and the pay of no attach^ shall be increased after he is elected or appointed.' " MR. TINNIN. Mr. Chairman : I offer that amendment for this rea- son : it has been customary in the Legislature of this State, at the last hours of the session, to offer resolutions increasing the pay of attaches, and it is in this manner that a great portion of the money has been filched from the treasury of the State. The CHAIRMAN. The question is on the adoption of the amend- ment. The amendment was adopted. The chairman. If there be no further amendment to section twenty -three the Secretary will read section twenty-four. The secretary read : Sec. 24. Every law enacted by the Legislature shall embrace but one subject, which shall be expressed in the title, and no law shall be revised or amended by reference to its title; but in such case the Act revised,. or section amended, shall be Feenacted and published at length as revised or amended. Mb. freeman. Mr. Chairman : I have a substitute for that section. The secretary read: " Every law enacted by the Legislature shall embrace but one subject, which shall be expressed in its title; but if any subject shall be embraced in any Act which shall not be expressed in its title, said Act shall be void only to so much thereof as shall not be so expressed, and 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." REMARKS OF MR. FREEMAN. Mr. freeman. Mr. Chairman : The section, as reported by the committee, is precisely the same as the section in our present ConstiUi- tion. In the case of Washington against Page, reportea in Fourth Cali- fornia, and also in a case in Tenth California, it has been decided that this section was advisory only ; that the Legislature were at liberty to reject it, and if they passed a law which was not in compliance with the section, that such law was nevertheless valid. Now, as I understand the object of this section in the Constitution, it is this : that the members of the Legislature, and others, shall not be deceived by the mere title. That there shall not be inserted in a bill something foreign to its title, which comes in in the nature of a "little joker," and which is generally not discovered until after the bill has become a law. Now, in several of the States the section, as I have proposed it, is in force. That is to say, so much matter as is put in a bill, as is different to the object expressed in the title, is considered to be void, and the other part is per- mitted to stand. REMARKS OP MR. JOHKSON. Mr. JOHNSON. Mr. Chairman : Before the vote is taken I wish merely to say this : that I hope this amendment will be adopted. I did not understand exactly the remarks of the gentleman from Sacramento, and for fear that others did not understand the object of the amendment, I will state it : I will say that this provision has been construed to be directory, and that it is not mandatory. Provisions are sometimes voted for by members thinking they are mandatory, and they are liable to be deceived in this way. If a provision is merely directory, and they vote upon it considering it to be mandatory, they are deceived. Now, the purport of this amendment is to this effect, that so much of a law as is not expressed in the title shall be void; therefore this provision will be mandatory. It will put every person on his guard in voting for an J \ Dec. 20, 1878. OF THE CONSTITUTIONAL CONVENTION, 797 Act when he diacoyers in the body of a bill matter which is not expressed in the title. We have statutes which are construed to be directory, and all law, even constitutional provisions, have been con- strued in certain cases to be directory. I say that this should not be, and that we ought to guard against it by putting in a provision of this kind, so that every one in voting for the provision may know that it is mandatory. KEICAEKS OF MB. SCHELL. Mb. SCHELL. Mr. Chairman : I hope that the amendment will not prevail, and for the simple reason that in my judgment it would increase litigation. In every case you would have to go to the Supreme Court to determine whether an Act was a proper Act under the provisions of the Constitution. It seems to me that in view of the section adopted here yesterday, section fifteen, requiring all bills to be read on tnree different days, that no member of the Legislature voting upon it could be voting under a trick, and could not certainly be misled by the title of a bill. I think the amendment is entirely unnecessary, and I believe that its adoption would have a tendency to increase litigation, because it would raise the question in the Courts as to whether certain portions of an Act 'were constitutional. In view ot the stringent char- acter of section fifteen, it seems to me this amendment is absolutely unnecessary. Mb. VAIm dyke. Mr. Chairman : I call the attention of the gen- tleman from Sacralnento, Mr. Freeman, and of the gentleman irom Sonoma, Mr. Johnson, to the fact that in article one, already passed upon bv the committee, we have a section which meets the decision re^rrea to, and makes this Constitution, except where otherwise expressly stated, mandatory — every provision of it. That is in the first article adopted in Committee of the Whole. Mb. JOHNSON. Is not that provision confined to the Bill of Rights? Mb. van dyke. No, sir; to the whole Constitution. BKUABKS OF MB. MCFABLAND. Mb. McFAKLAND. Mr. Chairman : I will vote for the amendment, provided nothing better can be done. In my judgment the first part of the section should be stricken out at once. That would ^ve rise, as it has before, to litigation. The idea of expressing in the title all that is in the law, is simple nonsense. You pass a law, and then you have got to put the whole of it on the back as an indorsement. We have passed Codes in this State. How would you indorse the title Civil Code, so as to express the subject in the title. Why, the title would have to be as long as the* Civil Code itself, and as complicated. It seems tome as impossible. I think the first portion of the section ought to be stricken out entirely, and it ought to commence to read at the word '' no,'' in the second line. The first part of the section is not only unnecessary, but it is mischievous, because you have got to look in construing a law to see whether the title embraces the whole subiect-matter in the law, which I say is impossible. It think the amendment of the gentleman from Sacramento, Mr. Freeman, will remedy it to some extent, and I shall vote for it. BBMABKS of MB. BABBOUB. Mb. BARBOUR. Mr. Chairman: It seems to me that the amend- ment proposed by the gentleman from Sacramento, will have exactly the contrary effect from that stated by the gentleman from Stanislaus, Mr. Schell, and that is to prevent litigation. The amendment is to save that which is expressed in the title and prevent it all from being declared void, because there may be in the Act something that is not in the title. The objection of the gentleman from Sacramento, Mr. McFarland, is not well taken. It is a proper and useful thing to pro- vide that the subject-matter of an Act should be expressed in the title, and more especially in relation to Acts appropriating money. It is not true, as stated by the gentleman from otanislaus, Mr. Schell, that we have already provided that bills shall be read at large three times. We have provided that they shall be read three times, but not at large. They may be read by title, and in the careless way in which legislation is carried on mischievous provisions may slip in, unless you have such a provision as this in the Constitution. Mb. schell. How long a title would be necessaxy for a bill to amend the Civil Code 7 Me. BARBOUR. About two lines. BBMABKS 07 MB. FBKEMAN. Mb. freeman. Mr. Chairman : Certainly either this section should be stricken entirely out or it should be put in such a shape that it means something. Now I am reminded by the gentleman from Alameda, Mr. Van Dyke, that we have already adopted in our Bill of Rights, a pro- vision which says evenr section of this Constitution shall be mandatory. Now, if that is adopted, then this section must be construed as meaining something. The question would at once arise before the Courts, does this Constitution mean that a law in violation of that section shall be entirely void, or that it shall be void only to so much of it as is without the range of the title? That question ought to be settled by clear language here, and not be reserved for contest in the Courts. It is true that an Act may be in such a shape that the parts cannot be segregated, but often that is not the case; in fact, the legislation which the section is intended to provide against, is legislation of a different character; is that legisla- tion which introduces into an Act some entirely foreign topic I, myself, have seen Acts of the Legislature which were apparently upon some general subject, and which, somewhere near the middle of the bill, con- tained a provision for the condemnation of a toll-bridge across the Sac- ramento Kiver. Now, if this amendment was adopted, the people would naturally be informed that such legislation was pending. Few persons read the entire Act, and they suppose, when these bills are presented, that some Act of a general nature is before the Legislature, and do not know that they are bein^ made liable for the purchase of a toll-bridge across the Sacramento River. The idea is, that a bill which contains a "little joker" of that description shall not be entirely void. At all events, one policy or the other ought to be pursued. This section, if it is right in spirit, should be amended as I nave 8Ug:gested, or in some other manner, so that we shall know precisely what it means. BEMABKS OF MR. MCGALLUM. Mb. McCALLUM. Mr. Chairman : If I understand the gentleman ftx>m Sacramento, it is for the information of the people that ne desires that the title shall express the substance of the Act. That gentleman knows, or ought to know, that the title is the last thing acted upon in the passage of a bill; therefore the people would have no information, so far as tney are concerned, by the title pending during the discussion of the bill, because the title is amended at the last stage of its passage. That, I presume, every gentleman is familiar with. Mr. Chairman, as Judge Schell has said, we have adopted a provision requiring that a bill shall be read three times. Gentlemen say it does not say three times at large. I say that that rule, in parliamentarv usage, which says that a reading of a bill by title is a reading of the bill, does not appl^ to the construction of a Constitution ; therefore, when our Constitution says that a bill shall be read three times, on three different days, it means as it says, a reading of the bill. It is unnecessary to put in this surplus clause, which would be necessary if the other had not been adopted. I do not know that the amendment of the gentleman from Sacramento would do any harm, but I am apprehensive of changing the language of the section apparently plain enough, and which has been the subject of judicial construction in years past. What construction would be put upon it if the gentleman's ameuament should be adopted, I do not know, lie refers to a case wherein you may declare a portion of an Act uncon- stitutional, and let the remainder stand. The rule of construction b^ the Courts is this: that if a portion of an Act is unconstitutional, and it can be so held, that the balance of the Act can remain without being impaired ; it may be rejected as unconstitutional. But here the ^ntle- man from Sacramento proposes to lay down the rule of construction for the Courts, that they shall reject that portion pf the bill. His amend- ment reads: " Every law enacted bv the Legislature shall embrace but one subject, which shall be expressed in its title ; but if any subject shall be embraced in any Act which shall not be expressed in its title, said Act shall be void only to so much thereof as shall not be so expressed, and no law shall be revisid 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." As it now reads, the question will come up : is the provision embraced that stated in the title? Many questions will arise. This very propo- sition was before the Committee on Legislative Department. We ais- cussed it at some length there, and it was thought that it might be a dangerous innovation. The committee were of the opinion, that inas- much as this section has stood for many years, and as we have provided that these laws should be mandatory, we might as well let it stand as it is. The object of this was not the information of the people. Mb. BAKBOUR. I will state a case. A bill went tnrough the Legis- lature, providing for the opening of Seventh street in San Francisco. It contained the usual provisions for a Commissioner, etc. In the middle of the fifth section was interjeoted a proviso for paying two thousand three hundred or two thousand four hundrod dollars of a defeated claim for the same purpose, and that went through f>ecau8e it was overlooked. It related, in one sense, to the same subject-matter, although in another sense it was outside of the matter. The object of this amendment is to authorize the saving of the bill and the rejection of that matter. Mb. McCALLUM. We have already agreed to an amendment, that every bill shall be read at large, by sections, and the ayes and noes called, and that it shall not pass unless it shall receive the votes of a majority of all the members elected to both Houses, and I suppose that such mistakes, if they were mistakes, will not be so likely to occur. I do not know how we are to go to work to make the men intelligent and honest who shall make our Uws, and I do not propose for my part to fix up the Constitution that way. Certainly somebody was derelict in that case. I do not know that it will do any harm, but I believe it would be a dangerous innovation, for reasons which I do not propose to state at leneth. I think we ought to stand upon this rule. It is now well settled. These errors are not likely to occur again, and I have noMoubt that if the amendment is adopted, it will be the subject of any amount of litigation, in attempting to lay down the rules of construction for the Courts in these cases. BBMABKS OF MB. MCFABLAND. Mb. McFARLAND. Mr. Chairman : The Committee on Legislative Department undertook to put in an iron-bound provision, and have overruled all the decisions of the Supreme Court. Mb. McCALLUM. The committee have not changed the Constitu- tion at all. Mb. McFARLAND. They determine when langu^e is mandatory and when it is directory. Now, this Convention has said that they shall not declare anything directory. I am opposed to the first proposition of the section, because I say that under the rule that it is mandatory, vou might get into the greatest kind of difficulty. We suppose that the law of the land is what the Legislature enacts, if it is constitutional. When the Legislature passes an Act, and it is signed by the Governor, that is supposed to be the law, and yet if they do not give a title to it that expresses all that is in the law, then, according to the section reported by the committee, it is not the law of the land. There is an opening for the greatest kind of litigation. I shall vote for the amendment of 798 DEBATES AND PROCEEDINGS Saturday, nearly as long as the law. A law may cover twenty pages, or it may coyer three; and it may have several sections, and then you have got to relate in three lines what it is about, and after you have passed it solemnly, and it has been signed and become a law, if the title is not long enough it is void. Is not that nonsense? How can a man put into a title what it takes twenty sections to put into a law? He cannot do it. I do not think it ought to be in the Constitution at all under this rule, that everything is mandatory. I am in favor of one ^rtion of the sec- tion, that no law shall be revised or amended by its title, but I am entirely opposed to this rule that you have adopted here in this Conven- tion, that a Court shall not exercise its ordinary functions. If you adhere to that rule you will have any number of lawsuits. REMARKS 07 MR. LAINR. Mr. LAINE. Mr. Chairman : The object of the section is ver^ well understood, and it is a very easy matter for any person to state in the title the subject of a bill. When the amendment was first offer^ I was inclined to support it, but I desire to call, very briefly, the attention of the committee to what may follow such a rule. The (question pre- sented is simply this : if a bill should pajss that had a provision in it that was not within the title, the whole bill would fall. By the amendment offered by the gentleman from Sacramento, that result would not neces- sarily follow, but the law would fall only as to the portion not within the title. Now, here is the danger. Suppose the gentleman from Sac- ramento is a member of the Legislature, and he is a good lawyer. Under the Constitution, he knows very well, in drafting his bill, that all will be held constitutional that is within the title; but finding that his bill cannot receive a sufficient support if there is nothine in it which embodies something else that will catch other members of the Legisla- ture, he can safely put in other "matter, knowing that one portion of it must fall. That may be the very portion that passes the bill. Thereby members that are unwary, or not well skilled in constitutional law, will be induced to vote for a bill that they would not otherwise vote for. Only that part falls that is without the title, and it may be that very part that has induced the Legislature to pass the bill. I see no reason why a bill should not fall if it is a cheat. Mr. BARRY. Mr. Chairman : As I think we have done a very good day's work to-day, I move that the committee do now rise, report pro- gress, and ask leave to sit again. The motion was lost. » Mr. EDGERTON. Mr. Chairman: I call for the reading of the amendment. Thr SECRETARY read : " Every law enacted by the Legislature shall embrace but one subject, which shall be expressed in its title ; but if &nj subject shall be embraced in any Act which shall not be expressed In its title, said Act shall be void only to so much thereof as shall not be so expressed; and 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." Mr. EDGERTON. I would suggest to the gentleman that he insert the word " as " before the word " to," so that it will read : " Such Act shall be void only as to so much thereof as shall not be expressed in its title." That is from the Constitution of Iowa. Mr. LAINE. There are several Constitutions that use that language. Mr. JOHNSON. The Constitution of Indiana, also. Mr. EDGERTON. It is in the Constitution of Iowa of eighteen hun- dred and forty-six, and in the new Constitution of eighteen hundred firty-seven they incorporated the same provision; ana somewhere in some of the decisions of the Supreme Court of that State — I do not now recollect which — that question has been discussed, and they illustrate there, it seems to me, very satisfactorily, the wisdom 0f this provision. I suppose everybody understands that the object of the provision is to prevent collusion in a legislative body ; to prevent the passage of what are called omnibus bills — uniting various interests in order to get them passed. It seems to me that this constitutional provision is very much needed. I think the amendment is a good one, and I shall vote for it. I will say that the Court in Iowa held tnat this provision was mandatory. I shall offer the amendment I have suggested as soon as I can prepare it. RKMARKS OF MR. HAGSR. Mr. HAGER. Mr. Chairman: The amendment proposed by the member from Sacramento is contained in the Constitution of Indiana, Illinois, Iowa, and Ore^n. In the Constitution of New Jersey it reads: " To avoid improper influences which may result from intermixing in one and the same Act, such things as have no proper rebtion to each other, every law shall embrace out one subject, and that shall be expressed in the title." That is the reason of the rule. Thepr express it there in the Constitu- tion itself. The object of this provision, tnat a bill shall embrace but one subject, is to prevent these omnibus bills. For instance, a bill is called up and somebody puts in an amendment which noboidy would pass if he knew it was there. That is the way legislation takes place in the Congress of the United States, and accounts for the vicious legisla^ tion which takes place there. An appropriation bill comes up and some- body gets up and moves to add a few thousand dollars for some other purpose than that already mentioned, and it is adopted, and all bills are passed in that way. Now, if we should take this clause out altogether, it would open legislation here to the same rule. Combinations would be made and influence brought to bear to put a number of schemes together, and rush them through; whereas, either one of them alone, would not pass. That is the reason of this provision that bills shall con- tain but one subject, and that shall be expressed in the title. I think the amendment is contained, verbatim, in the Constitution of Illinois, and also, as I see, in Indiana, Iowa, and Oregon. These are the only variations from the general rule. There is one objection to the amend- ment, which I will state. If we open the door to any subject that is expressed in the title, and then some foreign subject should be intro- duced into a law, the Supreme Court will have to decide in all cases, and the provisions of a law would be uncertain in its various sections until the Supreme Court had passed upon it, one section after another. Otherwise, I do not object to the amendment. But, I think, perhaps, as we have already eone on in this State nearly thirty years with this limitation upon the legislative power, and have got accustomed to it so that the legislators ana the people generally know and understand that a bill should relate only to one subject-matter, that perhaps we bad better adhere to the rule as it has hitherto existed in this state. We might, of course, lose a good law because it had in it a provision not expreased in the title. As it now stands, special legislation is pro- hibited, and there will not be the same danger as there has been hereto- fore. Mr. EDGERTON. Mr. Chairman : I have prepared a substitute, which I understand the author of the amendment is willing to accept. Thr SECRETARY read : '' Every Act shall embrace but one subject and matters properly con- nected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an Act, which shall not be expressed in the title, such Act shall be void only aa to so much thereof as shall not be expressed in the title." Mr. EDGERTON. That is a precise copy from the Constitution of Iowa. Mr. FREEMAN. I am willing to accept that amendment. Mr. van dyke. I wish to ask the gentleman from Sacramento, Mr. Edgerton, if that is not the rule of construction now ; if the part cannot stand which is not void. Mr. EDGERTON. I understand that some allusions have been made to the decisions of the Supreme Court in reference to thie section. I did not hear the whole of this discussion. If I recollect right, the decision of the Supreme Court was, that this provision a« it now stands is merely directory ; that it does not amount to anything. Mr. van dyke. My question is aimed at the proposed amend- ment. I ask if that is not now the rule of construction, that which you have embodied in your amendment? That is if an Act can stand, the Courts allow it to stand. Therefore, this would be unnecessary. Mr. EDGERTON. I do not know how they would decide. Perhaps the Court might decide that the whole thing should stand. Mr. van dyke. But if it can be separated the Courts allow that which is valid to stand. Now I do not see any necessity for this amend- ment, and it might complicate matters. I hope the amendment will not prevail. m!r. EDGERTON. A Court might allow the whole thing to stand. The object is that nothing shall stand except that which is expressed in the title. Mr. van* dyke. That is the efiect now under the common law of construction, and the Courts always allow that which is valid to stand. I say that this amendment is unnecessary although it may be in a dozen Constitutions. Mr. WILSON, of First District Mr. Chairman : It seems to me that the amendment ofi*ered by the gentleman from Sacramento, Mr. Edger-' ton, should be adopted, so far as it goes, together with the balance of section twenty-four, which reads : " N'o law shall be revised or section 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." I like this very much better than the original, as reported by the Committee on Legislative Department, because it contains the clause, " and matters properly connected therewith." Mr. van dyke. I have no objection to that RRMARKB OF MR. WILSON. Mr. WILSON, of First District. The old section, that it shall embrace but one subject, made it very difficult in some caaes to limit it to one subject, and that subject to be expressed in the title. If you had two subjecte that were not closely related to each other, or were two distinct subjects, the whole Act would be void. For instance, take the Act of the Legislature of eighteen hundred and seventy-seven and eighteen hun- dred and seventy-eight, entitled ''An Act to authorize the maintenance of booms in Elk River, and the removal of obstructions from said stream," there are really two distinct subjects, and yet they are so related to each other that there could not be any rational cause assigned why they should not be joined. The maintenance of the boom, and the keeping of the river free from obstruction, must necessarily go together, and yet, under the present provision of the Constitution they would be held to be two distinct subjects. But taking this amendment, as pro- posed by the gentleman from Sacramento — that it shall embrace but one subject, and matters properly connected therewith, the maintenance of the boom, and the keeping of the river, would be akin to each other, and would be properly in the same bill. Many illustrations of the same character might be found. It makes the law a little more sensible, and would prevent many laws being declared void, against which no rational objections could be assigned. Now, so far as the question raised by the gentleman from Alameda, Mr. Van Dyke, that it is the common rule of construction that only thai part of the law is declared void which is not expressed in the title, I have to say, if that be the common law rule of construction, there is no objection to putting it in here. There may be some doubt about it. There is sometimes great difficulty in deciding just how much of the law pertoins to the subject expressed in the title, and sometimes the Courts decide that the whole law must ^ out I do not see any objection to retaining the last part of the section which I have read, and it seems to me that, with the amendment proposed by the gentleman from Sacramento, Mr. Edgerton, is just what we desire. Mr. McCALLUM. Mr. Chairman : I desire to ask how the Courts are going to construe an Act of this kind ? An Act which is not specified Dec. 21,1878. OF THE CONSTITUTIONAL CONVENTION. 799 in the title is, by the terms of that amendment, to be rejected only so far as not expressed in the title. Now, suppose it so mingled up with the balance of the Act that the Courts, under any other rule of construc- tion, won't reject the whole of it, is not the Court then compelled to change the whole system of construing laws on this rule attempted to be fixed upon the Courts here, by saying that it shall be rejected only so far as not expressed in the title. Mb. EDGERTOK. Mr. Chairman : It seems to me that I can giye the gentleman an illustration in a moment: Take a simple appropriatioii bill, "An Act to provide for the support of the State government." Now, suppose that somebody should succeed in getting into that bill an appro- priation for some other purpose, I do not see that the Supreme Court would have any difficulty, under this amendment, in holding that that was not expressed in the title, and, ipro tanto, was void. Mr. McCALLUM. In that case it would be perfectly clear ; there would be no difficulty so far as the case supposed is concerned. The question I have asked is this : Suppose, in a different case, where the matter was not referred to in the title, and was so commingled with the balance of the Act that, under the old rules of construction, the Court would reject it all, then does not this rule in this amendment compel the Court to change the whole rules of construction? Mr. WILSON, of First District. Not at all. Mb,EDGERTON. Not at all. Mr. McCALLUM. I ask the Secretary to read it. Thk chairman. The Secretary will read. Thr secretary read : " Every Act shall embrace but one subject and matters nroperlj^ con- nected therewith, which subject shall be expressed in the title ; but if any subject shall be embraced in an Act, which shall not be expressed in the title, such Act shall be void only as to so much thereof as shall not be expressed in the title. No law shall be revised or section amended by reference to its title ; but in such case, the Act revised, or section amended, shall be re«uacted, and published at length as revised or amended." Mr. McCALLUM. I would say that in such a case as I have men- tioned, where the matters contained in a bill were so mingled that the Court would now hold that the whole Act must fall, it would be com- pelled to decide the other way under this provision. This is clouding up the matter in a peculiar way. It says that every Act shall embrace but one subject and matters properly connected therewith. Now, I ask if this very phrase does not in itself invite any amount of litigation, discussion, and difficulty, as to what would be properly connected with the matter. This language in the Constitution, at present, is not ambig- uous. The only difficulty is that the Court says it is directory and not mandatory. The Bill of Rights, which we have adopted, says that these provisions shall be mandatory. That removes the objection. The Com- mittee on Legislative Department have reported the section the same as it was in the old Constitution. It reads: ** Src. 24. Every law enacted by the Legislature shall embrace but one subject, which shall be expressed in the title, and 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." That sounds like a Constitution. Then comes in this piping amend- ment: '* but notwithstanding, nevertheless, if you don't do what the people by their sovereign authority commanded you to do," etc. Now, we tell the Courts to disregard this other part, though you have com- manded the Courts to construe this as mandatory. Mb. WILSON, of First District. The j^entleman raises an objection here, and because he cannot answer it himself he thinks nobody else can. Now, there is no sort of difficulty in this question, tfie gentleman is very easily answered, and has been already answered by t£e gentle- man from Sacramento. If you have a vicious matter connected with a good matter, and you can separate the vicious from the good, you simply leave it off and the vicious falls and the good remains. That always has been the rule. But if the vicious is so intermingled and commingled with the good that you cannot separate the two, the Courts have always held that the whole is bad. That is laid down in the books, and this amendment does not change it in the slightest degree. It simply says that if any subject shall be embraced in an Act which shall not be expressed in the title, such Act shall be void only as to so much thereof as shall not be expressed in the title. It follows as a necessity that the Court has got to separate the two in order to leave off the bad. The very moment you cannot separate the two the whole is bad. That is the rule laid down in the elementary books everywhere. Mr. FILCHER. Mr. Chairman: I move the previous question. Seconded by Messrs. Hunter, Condon, Morse, and Joyce. The main Question was ordered. The CHAIRMAN. The question is on the adoption of the amend- ment offered by the gentleman from Sacramento, Mr. Edgerton. The amendment was adopted on a division, by a vote of 50 ayes to 35 noes. Mr. McCALLUM. I gave notice yesterday that I would move to reconsider the vote by which the committee adopted the amendment offered by the gentleman from San Joaouin, Mr. Terry, to section six. I wish to save the motion. I make tnat motion now to reconsider, and I will ask the Chair if this question can properly come up to-morrow. Mr. HAGER. Mr. Chairman : I move tnat the committee rise, report progress, and ask leave to sit again. Carried. IN CONVENTION. The PRESIDENT. Gentlemen : The Committee of the Whole have instructed me to report that they have had under consideration the report of the Committee on Legislative Department, have made progress, and ask leave to sit again. Mr. HUESTIS. I move that the Convention do now adjourn. Carried. And at five o'clock and ten minutes p. m., the Convention stood adjourned. EIGHTY-FIFTH DAY. Sacramknto, Saturday, December 2l8t, 1878. The Convention met in regular session at nine o'clock and thirty min- utes A. M. President Hoge in the chair. The roll was called, and members found in attendance as follows : • PRRSEKT. \ Andrews, Heiskell, Reddy, Ayers, Herold, Reynolds, Barbour, Herrington, Rhodes, Barry, Barton, Hilborn, Hitchcock, Ringgold, Rolle, Beerstecher, Holmes, Schell, Belcher, Howard, of Los Angelec If Schomp, Bell, Howard, of Mariposa, Shoemaker, Biggs, Huestis, Shurtleff, Blackmer, Hughey, Smith, of Santa Clara, Boggs, Hunter, Smith, of 4th District, Brown, Inman, Smith, of San Francisco Burt, Johnson, Soule, Caples, Jones, Stedman, Casserly, Joyce, Steele, Chapman, Kelley, Stevenson, Charles, Kenny, Sweasey, Condon, Keyes, Swing, Cross, Kleine, Terry, Crouch, Laine, Thompson, Davis, Lampson, Tinnin, Dean, Larkin, Townsend, Dowling, Larue, Tully, Doyle, Lewis, Twrner, Dudley, of San Joaquin, Lindow, Tuttle, Dudley, of Solano, Mansfield, Vacquerel, Van Dyke, Dunlap, McCallum, Edgerton, McConnell, Van Voorhies, Evey, McCoy, Walker, of Marin, Farrell, ' McFarland, Walker, of Tuolumne, Filcher, McNutt, Webster, Finney, Mills, Weller, Freud, Moffat, Wellin, Garvey, Moreland, West, Gorman, Morse, Wickes, Grace, Nason, White, Gregg, Nelson, Wilson, of Tehama, Hager, Neunaber, Wilson, of 1st District, Hale, Ohleyer, Winans, Hall. Overton, Wyatt, Harrison, Porter, Mr. President. Harvey, Prouty, ABSENT. Barnes, Freeman, Noel, Berry, Glascock, O'Donnell, Boucher, Graves, O'SuUivan, Campbell, Cowaen, Lavi^ne, Pulliam, Martin, of Alameda, Reed, Eagon, Martin, of Santa Cruz f Shaft^r, Estee, McComas, Stuart, Estey, Miller, Swenson, Fawcett, Murphy, Waters. LEAVE OF AB8BM0E, For two days was granted Mr. Eelley. For one week was granted Messrs. Townsend and Waters. Indefinite leave of absence was granted Mr. Graves on account of sickness. TBS JOURNAL. Mr. caples. Mr. President: I move that the reading of the Journal be dispensed with and the same approved. Carried. BILLS. Mr. hilborn. Mr. Chairman : I wish to report back the following resolution from the Committee on Mileage and Contingent Expenses, with the recommendation that it be adopted : Sesolvtdf That the sum of thirteen dollars and seTonty.flve cents be and the same U hereby allowed to pay the bill of Pacific Ice Company for ice from December second to December thirteenth, eighteen hundred and seventy'eight, the same to bo paid out of the fiinds appropriated for the expenses of the ConvenUon, the Controller to draw his warrant in favor of the Sergeant-at-Arms for the amount. Adopted. Me. hilborn. Mr. President : I also wish to report back without recommendation the bill of Mrs.' Margaret Gait. The bill is not author- ized by any resolution, and the committee are unable to ascertain the amount which this person is entitled to. There is no doubt but what she has performed some service, but we are unable to find out how much washing has been done. The secretary read : DEBATES AND PROCEEDIKGS OmigtltqUoDIll ConTenttan of CkliCamlK, la id deblor; To wutalng lowcli twelv. «•ek^ trm di Mk. FRBUD. I more the bill be paid. Carried. it wlih Hn. Uugint Gill, Mb. BLACKMEB. Mr. President: I »end up a report from the Coniniittee on Future Ameadmsnta. Thi secretary t«ad: SlCtlBIRTn, ClLITHKNIl, DmbidIw El, 18TS. report thB «1D» I if Ibe new ConiUtiitloD. S, T. BLACK KRB, J. R. WBLLER. CONRAD HEr6ld, DANIEL LEWia, WM. P. ORACB. SicTioK 1. Aoy amendment or amendmente to thia Coastitution ma; be proposed in the SeuaCe or Aasemblj, and if twothirdsof all the mem- bers elected to each of the two houses shall vote in favor thereof, luch proposed ameodtnent or amendrnents shall be entered in their Journals, witli the yeas and iia;s taken thereon ; and it shall be the duty of said Leg:ielatiira to subinic such proposed amendment or amendments to the people in such manner and at such time as may be deemed eipedinnt. Sucli omendnieot or amendmenla shall be published in full in each couDty in the State wherein a newspaper is published for at least three monttis next preceding the election at which they are submitted. Should mure than one ameDdment be submitted at the same election, they shall be so prepared and diatioguished, by numbers or otherwise, that thej can be voted on separately. If the people shaJ! approve and ratify such amend iiient or amendments, or any of them, by a majonty of the electon qualified to vote for memben of the Legislature votina therefor, such ■meudment or ameadments shall become a part of this CoDstitutiou. Sue. '2. Whenever two thirds of the members elected to each branch of the Legislature shall think it necessary to revise this CoDstitution, they shall recommend to the electors to vote at the next general election '" ■"* a Convention (or that purpose, and ' ' ' "' ng at said election, on the propositio 1 favor thereof, the Legislature shall, provide by law for calling the same. Said Convention shall consist of a uumbar of delegates not to exceed that of both branches of the Legis- lature, which shall be chosen in the same manner, and have the same qualifications, as members of the Legislature. The delegates to elected shall meet within three months after their election, at such place as the Legislature may direct. The Constitution that may be agreed upon by such Convention shall^ submitted to the people at a special election to be provided for by law, for their ratification or rejection, in such manner as the Convention may determine. Tbt returns of such electicn shall, in such manner as the Convention shall direct, be certi&ed to the Executive of the State, who shall call to his assisUnce the Controller, Treasurer, and Secretaiy of Stale, and compare the returns so certified to him : and it shall be the duty of the Executive to declare by his proclamution, such Constitution as may have been ratified by a'hiajority of all the votes cast at such special election, to be the Constitution of the State of California. Mr. BLACKMER. Hr. Preaident: I move that the report be printed and refi^rred to the Committee of the Whole. IK SECRETARY read: ^furred lb* IbJIuHlDg pni|MiltiDn, to wll: number thr» hondred and , InLradDcsd l>f Mr. Edgertan ; number four bnndred >ud slghlj-oi ItcHpecttDllT iubmUud. WALTER VAN DTKE, CtulnDia. TnK PREStDENT. The report will lie on the table. Mb. HUNLAP. I move to take up the resolution to pay Patrick Leavy fi>r services as Gas Porter. The PRESIDENT. The motion is not in order at present. Mr. .AYERS. I send up a proposition and ask that it be referred to the Oitnniittee on Apportionment and Representation. Mb. DUNLAP. I renew my motion to take up the resolution lo pay Patrick Leavy. The motion prcvoiled. The PRESIDENT. The Secretary will read the resolution. Tbk SECRETARY read: Ktttilml. That Patrick Leavy bo alluwed IhlRr-clght dolimn out ot th> appropria- (iiio liH- the eipeniea of thit OanveoUon, for nlneleon daj>' Hrrlctn u Ou Ponsr, III., frum Sepletnber tveotj'^lKblh to October KTenleanth. elghMtn bundred lod i>'Ten()'-i'1gbl, prior to bli regular appolntmeot by Ibii CooTeotlon, nhich niaetten Ma. TACQUEREL gave the following notice: I. P. VACQDKBKL. Ma. BIGGS. Mr. President: I n: December thirtieth, eighteen hundred and seventy-eight, and in mak- ing that motion, I would say that it is necessary. I am opposed to special orders, but I want to be present when that question is considered, r want to go home and have time enough to pay mj taxes and return. well be taken up, and we will have a fuller Convention then. Ma.' HOWARD. Mr. President: I would like to see the gentleman aocommodaled, but the (act is, that we are postponing everything loo much, and if we expect to get through with the business here at all, we must take it up in its order. This report follows next alter the report of the Committee on Legislative Department, and if we postpone the reports of the oororaitleea for one gentleman, we must for another. Mb. white. Mr. President: I hope that it will not be put oiT. Motions are made here every day by somebody to put something oS*. I think we will have a better Convention during the next ten days than we will for the ten days following tliat. 1 trust that eveijthing will bo done up in its order. Ma. CAPLES. Mr. President: "Procrastination isthethief of time." It does seem to me that if it be the desire and intention of this Conven- tion to frame a Constitution, that the putting off, procrastinating any- thing, is certainly unwise; and, as to having a fuller Convention on the thirtieth than at present, I have no faith that such will be the case. I will be. I sm oppoee^l to putting anything off. Mb. biggs, i pledge my word that I will be here during every day of the Convention. I do not ask it on Biggs' account — God knows I don't I Ml. BROWN. Mr. President: If we put off mattere of jreat codk- quance, we may expect to have a thin house. If the question of taxa- tion is put off, there will only be mattere of small consequence taken up, and members will not care whether they are here or not. Now, for the purpose of having a full house, it doee appear to me that we should refuse lo put off these importwit matten. The motion was lost. Mb. McFARLAND. Mr. President: I desire lo send up a notice of atentjon to move to amend a standing rule. Thi SECRETARY read : I tavnby glT6 DoUca that I will nuna to amend Sundlng Rule Number Fittj-FIve 9 that II ibaU nul as followi : er nitT-elgbl. Mb. LAINE. Mr. President: I desire to call the attention of the memben of the Convention lo this matter. One of the memben, Mr. McComas, is at home, sick ; knowing that this body is about to sign the memorial on the suhjoct of Chinese immigration he has written lo me lo ask leave of the Convention to sign his name to that memorial. I now call the attention of the Convention to it, so that in case it is prepared I may sign it for Mr. McComas. lion bjth. Chain .orraol twill «. TINNIN. Mr. Preside a letter from Mr. Pulliam U Mb. BARBOUR. Mr. President: 1 move that both gontlemen hav« leave to sign the names. Thb president. If there be no objection, it is «o ordered. Mb. EDGERTON. I wish the gentleman from Santa Clara, while he is about it, would sign my name. It may come home to roost. Ma. BARTON. Mr. President: I aak leave of for the Secretary. Mr. Johnson. Tax PRESIDENT. If there be no objection, it is granted. until Monday Ms. TERRY. Mr. President: 1 move that the Convention now resolve itself into Committee of the Whole, the President in the chair, for the purpose of further considering the report of the Committee on Legislative Department. Dec. 21, 1878. OF THE CONSTITUTIONAL CONVENTION. 801 IN COMMITTEE OF THE WnOLE. The chairman. Section twenty-four was pending when the com- mittee rose. Mk. smith, of Santa Clara. I wish to offer an amendment to that section. The secretary read : 'f Amend section twenty-four hy adding, 'and all laws of the State of California, and all official writings, and the executive, legislative, and judicial proceedings shall be conducted, preserved, and published in no other than the English Ifinguage.' " REMARKS OF MR. ROLFE. Mr. ROLFE. Mr. Chairman : I understand that refers to all judicial proceedings. I hardly think that it is necessary, and in some instances it would work injury. We have a provision in our present Constitution, requiring laws to be translated and published in Spanish ; that, I think, is entirely unnecessary, and should be rescinded. We have statutes, however, passed for the purpose of meeting exigencies in some parts of this State, allowing, in some kind of proceedings— judicial proceedings in the Courts — to be conducted either in the English or Spanish lan- guage. Now, while I would not make that mandatory, and while I would say nothing about it in the Constitution, I would leave it in the discretion of the Legislature to make that same provision, for I can assure this Convention that there are Justices of the Peace in my county, and their proceeding are judicial proceedings, who are intelligent men, and very able Justices of the Peace, who have no knowleoge of the English language. There are settlements in that county, in certain localities and townships, in which the English language is scarcely spoken, the population being made up, almost entirely, of people who use the Spanish language. Now, in this instance, it would work a very great injury. It would be very inconvenient in such localities. I do not suppose that there are many townships in the State in that situation, but there are some within my knowledge. I can only speak as to my own locality, but I have no doubt that there are other localities in the same situation. Therefore I think that in these townships where almost the entire population is made up of a Spanish-speaking people, there would be no harm done in allowing the judicial proceedings of the Justices' Courts to be conducted in the Spanish language. In early days there were District Judges who had at least an imperfect knowledge of the English language. I do not suppose there is any such case now. There are judicial proceedings in theDistrict and County Courts of this State, gentlemen will find, by referring back to the records, that are in the Spanish language. I do not suppose there is any objection to requir- ing the proceedings, in the District and County Courts, to be conducted in English, but there is no good reason why it should he required in the Justices' Courts. I will say further, that from mv experience in looking over the dockets of a good many Justices of the Peace, who try to con- duct their proceedings in English, that it would scarcely bear the test of correct English at least. REMARKS OF MR. TINNIN. Mr. TINNIN. Mr. Chairman: I hope this amendment will be adopted. There was a day when such proceedings were necessary — in the early days in this State— but I contend that day has now passed. Thirty years have elapsed since this portion of the country became a portion of the Government of the United States, and the difierent resi- dents who were here at that time have had ample time to be conversant with the English language if they desired to do so. This is an English- speaking Government, and persons who are incapable of speaking the English language certainly are not competent to aischarge public duties. We have here in the Capitol now tons and tons of documents published in Spanish for the benent of foreigners. Mr. ROLFE. Do you call the native population of this State for- eigners? Mr. TINNIN. They had ample time to learn the language. REMARKS OF MR. ATER8. Mr. .\YERS. "M^r. Chairman: I hope this amendment will not be indorsed by this Convention, but that it will be left with the Legislature to act as it sees fit. In the section of the State which I represent there are large portions of it which are entirely populated by a Spanish- American population, not a foreign population, but a population who were here beiore we were here, and I wish to say that almost without an exceptional instance these natives of California, who were adults at the time this State was ceded to the United States by Mexico, are still in the same condition, as far as their knowledge of English is concerned. There are but very few of them, if any, who understand our language at all, and, if I am not mistaken, in the treaty of Guadalupe Hidalgo there was an assurance that the natives should continue to enjoy the rights and privileges they did under their former Government, and there was Cn implied contract that they should be governed as they were before. It was in this spirit that the laws were printed in Spanish. As Jud|^ Rolfe says, there are townships in Southern California which are entirely Spanish, or Spanish- American, and in those townships the Courts of Justice of the Peace are carried on sometimes exclusivelv in the Spanish language, and it would be wrong, it seems to me, for this Convention to prevent these people from transacting their local business in their own language. It does no harm to Americans, and I think they should be permitted to do so. Mr. brown. Mr. Chairman : I do not propose to say many words, but I am convinced that we should not load this Constitution down. We must recollect that there are a great many in this State, quite a con- siderable number, I might say, of Mexican descent, and it would agonize their feelings if this Constitution should have anything like a prohihition of this nature in it. I am, therefore, entirely in accord with tne remarks of the gentleman from Los Angeles on this subject. Let matters remain as they are. 101 REMARKS OF MR. BEBESTECHER. Mr. BEERSTECHER. Mr. Chairman and gentlemen of the com- mittee : As has been aptly stated by the gentleman from Los Angeles, Mr. Ayers, there was an implied contract in the treaty of peace with Mexico that the Mexican citizen should enjoy the same privileges and immunities under the American rule as they enjoy it under the Mexican rule. And among these privileges and immunities was the right of having the laws of this State printed in Spanish, and having the judicial proceedings of this State, at least in certain districts thereof, and, to a certain extent, conducted in the Spanish language. And the Codes of this State, to-day, contain a special provision that in certain counties of this State the proceedings mav be in the Spanish language. Further, this clause will provide that all laws of the State, and all official docu- ments, shall be published only in the English language. Now, it is not the policy of any State in the Union to publish exclusivelv in the Eng- lish language. In the State of Michigan, where I resided for eight years, our public documents were published in the English, the German, and the French languages. In tne State of Wisconsin the public documents are printed in the English, German, and Norwe|?ian languages. In Pennsylvania, in English and German; and it is the policy of the Western States, generally, with their cosmopolitan population, to publish State documents in more than one language. Be this proper, or be it improper, it is a matter that ought to rest in the discretion of the Legis- lature, and we ought not to put any Know-Nothing clause into the Constitution. We ought not to allow that sort of antagonism to raise in the Constitution. I hope there will be no declaration of that kind in this Constitution. I hope that it will be promptly voted down. I hope that the Spaniards will nave their rights, as they have them to-day, and if the Legislature can assist them by having documents j)ublished in their language, I hope they will do so. Mr. TINNIN. Where do you find in the treaty of Hidalgo any such con tract ? Mr. BEERSTECHER. I said that I found it in the Acts of the State. Mr. ayers. I say that the treaty implied that. Mr. BEERSTECHER. It says that they should have the same priv- ileges and immunities. Mr. SCHELL. If we are to be so exceedingly cosmopolitan, would it not be eoually reasonable that our laws should he published in German and Frencn? Mr. INMAN. And Chinese. Mr. SCHELL. And every other language that we have here. Mr. BEERSTECHER. I do not say that our laws ought to be pub- lished in any but the English language; but I do say that there should not be anv inhibition contained in the Constitution that would prevent the Legislature from publishing official documents in any other language, if it was desirable to do so. I do not see why the Governor's messages should not be published in German and French, and any other lan- guage, if it is desirable. REMARKS OF MR. BLACKMER. Mr. BLACKMER. Mr. Chairman: I hope the amendment will not prevail. As the Constitution is at present it is compulsory ujpon the Legislature to have the laws printed both in English and Spanish. That, I think, is not necessary now, but I think this Constitution should be left without any direction in regard to that, so that the Legislature may, if in its wisdom it should think proper, publish public documents, the laws for instance, in other languages, to be distributed in certain counties of this State where there is a large population of that kind. There are some portions of this State where all business and all proceed- ings are carried on in the Spanish language, and one or two of the Jus- tices of the Peace in Southern California cannot carry on the proceedings of their Courts unless they do it in the Spanish language, and they are among the best Justices of the Peace we have. Now it is not right to say that the Legislature shall not publish anything but in the English language. Mr. HEISKELL. Mr. Chairman : Do the English-speaking con- stituents down there all understand the English language? Mr. BLACKMER. No, sir, not all of them, because there are a great many there who cannot read or understand the English language, and it is but just that the Legislature should be allowed to publish State documents in the Spanish language for these particular localities, so that thev might know aoout them. In most of the counties where there is so large a proportion of Spanish population, a great majority of the Englisn-speaking people understand the Spanish, and speak it so that they can make themselves understood back and A)rth. I hope it will be left with the Legislature. Mr. SCHELL. How many voters are there that speak the Spanish language down there that can also speak the English language? Mr. BLACKMER. There are a great many, but there are a great many who are able to speak the English language who cannot read it. Mr. GREGG. Can they read the Spanish ? Mr. BLACKMER. Most of them can. Mr. HEISKELL. I demand the previous qi^estion. The main ouestion was ordered. The CHAIkMAN. The main question has been ordered. The ques- tion is on the adoption of the amendment offered by the gentleman from Santa Clara, Mr. Smith. The amendment was adopted, on a division, by a vote of 46 ayes to 39 noes. , Mr. ROLFE. Mr. Chairman: I offer an amendment to the last amendment. The SECRETARY read : '' Add to the last amendment to section twenty-four the following : ' Provided, that the Legislature may, by law, authorize judicial or other official proceedings in any designated counties or other localities, to be conducted in the English or Spanish language.' " 802 DEBATES AND PROCEEDINGS Saturday, Mr. AYERS. Mr. Chairman : I second the amendment. Mr. SCHELL. Mr. Chairman : If that amendment were to prevail we might as well strike oat the amendment already adopted; and besides, it would be special legislation. I believe the policy or the Con- vention is to do away with special legislation. RBHARKS OF MR. ROLFK. Mr. ROLFE. Mr. Chairman : It is true that there is an endeavor to cut off special legislation as much as possible; but in some instances special legislation must be had, and under this amendment we have just adopted, there is an instance in which I think it is very proper that special legislation should be had. Now, I offer this by way of an amendment, and as an addition to the section. Now, if that is added, this will be the rule, that unless there is a special provision made by the Legislature, all these proceedings must be conducted and published in the English language. That would include the proceedings of the Leg- islature and the laws of the Legislature. This amendment which I propose now does not interfere with the laws of the State, proclamations of the Governor, or anything of a State nature. It only refers to pro- ceeding of a local nature, and then, unless the Legislature specially authorizes that to be done, these local proceedings must be conducted in the English language. But I do say that, in localities in this State, where the population are almost universally of the Spanish-speaking people, it is unjust to them to compel them to conduct their proceedings in the English language. Gentlemen ask here if these Mexican-Spanish- speaking people do not speak English as a general thing. I say, as a general thing, they have an imperfect knowledge of English, and few of them have a perfect knowledge of English. Some of the best edu- cated people of that race that we have in this State only have an imper- fect knowledge of the English language, the same as some of the best educated have but an imperfect knowledge of the Spanish language. Now, I say that some localities in this State are almost universally pop- ulated with a Spanish-speaking people. There are some English -speak- ing people there, it is true, but most of them understand the Spanish language. They conduct their business and all their proceedings in Spanish. They make their contracts in Spanish. Although a man may be very well educated in Spanish, and may have a very ordinary knowledge of the English language, it may still be very inconvenient for him to conduct his proceedings in English ; and in these iudicial proceedings, where a man, whose mother and father is Spanish, although ne may have a very ordinary knowledge of the Englisn language, it is wrong to compel him to conduct his entire proceedings in a Justice's Court in the English language. He will make mistakes in language which will be injurious to litigants before his Court It will be not only an inconvenience to him, but it is the right of parties before his Court. Now, I say that we should take into consideration the fact that the American, or English-speaking people, of this State are the new comers. We settled this State and took it from these people when the Spanish was universally the mother tongue of the people. They are a con- quered people. Now, I sajr when we take their countrv and the people too, and make American citizens of them, we must take them as they are and give them an equal show with us whether it was so contracted in the treaty or not. I say it is nothing but just, as long as there is one township in the State which is populated mostly by these people. I say, although it may be not more than one township of five hundred inhab- itants, it is nothing but just that we should allow that locality to conduct their proceedings in the mother tongue of the people who inhabit it. But there is more than one township in that situation, there are large sections of some counties, and large counties, in this State, in the same situation. Now, I do hope that the Convention will do these people the justice to make this one exception to the amendment which has iust been adopted, that everything should be conducted in the English language, and to allow this one exception in the case of a great many localities in this State where the people are so situated as I have stated. RRMARKS OF MR. WEST. Mr. WEST. Mr. Chairman : I have as high regard, sir, as any man for the foreign element of citizens of this State who have come here and identified themselves with the institutions of this countir, and assimi- lated, they and their families, with its institutions; but I have no regard for that demazogism that panders to this foreign element, that follows it for years and years for the sake of the votes it affords on election days. I speak whereof I know when I say that hundreds of those who pretend to be citizens of California are recent immigrants from Sonora and other portions of Mexico, some of them bandits, cutthroats, and robbers, that come in and are placed on the Great Register, and vote there. I believe that they are not citizens, and yet thev are at once placed upon the Great Register, while the Dutchman, and the Irishman, and the French- man must be naturalized and come in in the regular way. It is an abuse, it is an outrage upon the institutions of our country. On election day they are corraled and voted, when they have not been in the State five days. Many of them are admitted or classed as citizens under the treaty who were born fn Mexico since the treaty was ratified. Many of them make it their business to rob and plunder, and they avail themselves of this opportunity to deprive the citizens of the United States of the influence of their votes. We have opened the doors of our public schools to them and their children, and attempted to educate them under the general influence of our schools, and if tnirty years will not do it, I think we had better send missionaries into the county from which the gentleman from San Bernardino comes. I do not know that these gentlemen spoken of are competent to perform the duties of Jus- tices of the Peace or any other position, but I am satisfied that the Spanish element do not ask it. It is the demagogues who ask it, and not the educated, thinking, and reading part of that population. I respect that population, where they are bona fide citizens, as much as any member of this Convention, but I want a period placed where the importation of Mexicans into this country and the collecting of them at the polls shall cease. REMARKS OF MR. WHIXK. Mr. WHITE. Mr. Chairman : I wish to state that I am not in favor of printing the laws in Spanish. Neither am I^ in favor of anv law that is intend^ to drive a certain population out of the State. WEiether the statements of the gentleman from Los Angeles are correct or not, I do not know, but I do know that there are a great many districts where it would be impossible to get justice for these people if they are not allowed to go on with their proceedings in Spanish. I do not think it would be wise for us not to allow proceedings in Spanish in those localities where thev all talk the Spanish language. I think the Convention ouj^ht to make some exception in these places. They are bom on the soil, and they have the same rights as any one of us, and thev ought to be allowed to nave their proceedings, in the Justices' Courts, in the Spanish lan- fuage. I hope that this Convention will not be unjust to these people, ut will be fair to them, and make some exception in this Constitution that will allow of proceedings in Spanish in Justices' Courts. As to the publishing of the laws in Spanish, it ought to be stopped at once. RRMARKS OF MR. ATERS. Mr. AYERS. Mr. Chairman : This is not a Question of demagogism, or partisanism ; it is a question of right. Now, I know that in Southern California there are districts and communities that are so entirely Span- ish that if you deprive them of the right to continue their proceedings in Justices' Courts in Spanish, you will deprive them of justice. I do not see what it has to do with this case, whether people are run in in bands, from Mexico, and put upon the Great Register or not. That is a question for the Courts. If they are run in, in that way, and falsely placed on the Register, it ou^ht to be stopped ; but even if that was the case, it is no reason for taking away the rights of any portion of this people. It is only five years since the Mayor of Los Angeles could not speak the English language, and he was a very efficient Mayor. I remember a case in San Luis Obispo, which was tried before a Spanish Justice of the Peace, when a distinguished ^ntleman on this floor was the counsel on one side, and the whole audience were Spanish, and the whole proceedings in the case were in Spanish. It does not harm this Slate any. I hope that the amendment of the ^ntleman from San Bernardino will be adopted on the ground that it is right and just. It is all well enoueh for us here, who are strong, to stand up and denounce them because tney are weak. We have taken from them their patri- mony and their lands, and now we are kicking them while they are down. REMARKS OF MR. OVERTON. Mr. OVERTON. Mr. Chairman: I am not in favor of the amend- ment; neither do I care for this sympathetic appeal. We have done it, it is true. We have done it honorably, and we have lived up to the contract. We have protected them for thirty years, and if they have not learned to conduct their business in English, I think it is about time they did learn. I do not think, Mr. President, that there is a township in this State that there is not some Americans, or some foreigners, who do not speak the Spanish language, and we are doing them an injustice if we allow proceedings to be carried on in a language they do not under- stand. These cases are subject to appeal, and if the proceedings of that Court is had in Spanish, there is not a County Court in this State the proceedings of which are conducted in Spanish, and therefore you can- not appeal. If you are going to permit one township to have it in Spanish, there is just as much reason why another should have it in Swiss and another in Italian. Mr. AYERS. Mr. Chairman : I would like to ask the gentleman whether the Swiss and Italians came here from other countries, or were bom here, or whether they were found here? Mr. OVERTON. They came here under a treaty, and have got iust as much right as those under the Hidalgo treaty. These people sold us their country, and we have paid them the money. I am not in favor of printing laws in Spanish. Our County Court House has a room that is occupied by statutes published in Spanish, and there they remain to-day, by the ton, and they are not worth anvthing. This State has paid out thousands and thousands of dollars — thrown it away — for the purpose of publishing books in Spanish, and we have got them there now, and no one ever has any use for them. Mr. RO^FE. We do not ask the laws to be published in Spanish. Mr. AYERS. Does the gentleman know that there are tons and tons of English literature in this building too? Mr. OVERTON. Yes; I know there are. We can read it too. When it comes to publishing laws in Spanish, I hold that it is useless. There is not a nationality in this State that has not got papers that publish them, and they can read them there. Mr. BLACKMER. Mr. Chairman : I move to amend^the amend- ment by inserting after the word '' cohducted " the words ** and pub- lished." Mr. ROLFE. I accept that amendment. REMARKS OF MR. BLACKMER. Mr. BLACKMER. Mr. Chairman : I do believe that these people have some rights that we ought to respect. I do not believe, because we are stronger, because we outnumber them and are continually increasing the ratio, that we should entirely ignore the rights that these people ought to have under a free government. It is a simple question whether we will do right because it is right, or whether we will do wrong because we have the power to do it. I look upon it in that light I say that it is but simple lustice that the Legislature be given the authority to allow, in certain localities, these Courts to conduct their business in that language, and, if necessary, that they may also publish in that language. It does not compel the Legislature to publish the laws in Spanish, but it simply gives them the authority to allow it to be done in Dec. 21, 1878. OF THE CONSTITUTIONAL CONVENTION. 803 certain counties, or localities, if they think it proper; and I do think it is only a matter of justice that this be done. Ms. WICKES. Mr. Chairman : In addition to what has been said, I think it verv good policy to give some official recognition to the Spanish language. It is a noble language, spoken by millioni of people upon the American continent. Mb. west. I would like to hear the amendment. My opinion is that tlie amendment of the gentleman from San Bernardino nullifies the other amendment. The chairman. The Chair knows of no point of order that would prevent the Convention doing a foolish thing. Mr. west. I accept the ruling. Mb. smith, of Santa Clara. Mr. Chairman : I wish to say that I am in favor 6f that amendment. Thb chairman. The question is on the adoption of the amend- ment offered by the gentleman from San Bernardino, Mr. Rolfe. The amendment was lost on a division, by a vote of 27 ayes to 55 noes. Mb. AYERS. Mr. Chairman : I give notice that I will make a motion to reconsider the vote by which the amendment of the gentleman from Santa Clara, Mr. Smith, was adopted. Thb chairman. If there be no further amendments to section twenty-four the Secretary will read section twenty-five. BPBCXAL LBGiaLATION. The secretary read : Sbc. 25. The Legislature shall not pass local or special laws in any of the following enumerated cases, that is to say : ^>A<— Regulating the jurisdiction and duties of Justices of the Peace, Police Judges, and of Constables. Second— For the punishment of crimes and misdemeanors. Third — Regulating the practice of Courts of justice. Fourth — Providing for cnanging the venue in civil or criminal cases. IH/th — Granting divorces. Sixth — Changing the names of persons or places. Seventh — Vacating roads, town plats, streets, alleys, or public grounds not owned by the State. Eighth — Summoning and impaneling grand and petit juries, and pro- viding for their compensation. Ninth — Regulating county and township business, or the election of county and township officers. 2hith — For the assessment or collection of taxes. Eleventh — Providing for conducting elections, or designating the places of voting, except on the organization of new counties. Twelfth — Afiecting estates belonging to minors or other persons under legal disabilities. Thirteenth — Extending the time for the collection of taxes. Fourteenth — Giving effect to invalid deeds, wills, or other instruments. Fifteenth — Refunding money paid into the Stale treasury. Sixteenth — Releasing or extinguishing, in whole or in part, the indebt- edness, liability, or obligation, of any corporation or person to this State, or to any municipal corporation therein. Seventeenth — Declaring an^ person of age, or authorizing any minor to sell, lease, or incumber his or her property. Eighteenth — Legalizing, except as against the State, the unauthorized or invalid act of any officer. Nineteenth — Granting to any corporation, association, or individual any special or exclusive right, privilege, or immunity. Twentieth — Exempting property from taxation. Twenty-fhr9t — Changing county seats. 7Wn/|y-MC(m<^Restonng to citizenship persons convicted of infamous crimes. Twetdy-third — Regulating the rate of interest on money. Twenty-fourih — Authorizing the creation, extension, or impairing of Hens. Twenty-fifth — Chartering or licensing ferries, bridges, or roads. Twenhf-ixth — Remitting fines, penalties, or forfeitures. Twenty-seventh — Providing for tne mana^ment of common schools. Twenty-eighth — Creating offices, or prescribing the powers and duties of officers in counties, cities, cities and counties, townships, election or school districts. * THceniy-ninth—Affecimg the fees or salary of any officer. Thirtieth — Changing the law of descent or succession. Thirty-first — Authorizing the adoption or legitimation of children. Thirty-second — Authorizing the laying out, opening, altering, or main- Uuning roads, highways, streets, alleys, or public grounds. Thirty-third — ^For limitation of civil or criminal actions. Thirty-fourth — In all other cases whero a general law can be made applicable, no local or special law shall be enacted. Mr. van DYKE. 1 move to amend section twenty-five by adding to subdivision thirty-two the following : ** Except such as belong to the SUte." Mb. DUDLEY, of San Joaquin. I move that we take up the subdi- visions seriatim. Thb CHAIRMAN. If there be no objection, that course will be pur- sued. Mb. HERRINGTON. Mr. Chairman : I desire to ofifer a substitute for the entire section. I suppose I have a right to do that? I ofier it as a substitute. Thb chairman. The gentleman can ofifer his amendment but it will not be taken up at present. Is thero any amendment to subdi- vision one? Mr. HERRINGTON. Then I cannot offer it at all? The chairman. It cannot be taken up until we go through the section. Mr. REYNOLDS. I will suggest to the gentleman that he can offer his substitute for subdivision first of the section. If it be a substitute for the whole section, and be adopted, it will take the place of the whole remaining part of the section. The chairman. We must travel through all these subdivisions first. The Secretary will commence and read each subdivision. The SECRETARY read subdivisions one, two, three, and four. Mb. rolfe. I wish to offer a simple amendment to the fourth sub- division. I move to strike out of line seven the word "venue" and insert "place of trial." I think the object of that amendment will be obvious. If we conduct our proceedings in English this word " venue " is a very awkward word to be used here. Mb. HERRINGTON. I wish to ask the gentleman a question, and the Chair also : If the proposed amendment should be adopted to any portion of this section how would it be possible, after it is adopted, to strike it out with an amendment? The chairman. It would be perfectly possible to do it. Mr. rolfe. Mr. Chairman : Ir the gentlemen will examine the Code of Civil Procedure, and the old Practice Act, I think they will find that this word "venue" is not used, although I will admit that in old proceedings in England this word "venue" is common, especially when they used the barbarous law French and law Latin; it means the place of trial ,* that is plain English, which anybody who understands English can understand, and as we have already decided not to print* our laws in anything but English, let us have our Constitution in English. I always did object to using this phrase, " chan^ of venue," in Die laws, although in our talk we may use it. But I will suggest to the gentlemen, and I think every lawyer will agree with me, that it is not a very proper word to use when we are using the English language, but "place of trial" is. If the gentlemen will examine section twenty- one, I think it is, of the old Practice Act, where we ordinarily say that it provides for a change of venue, they will find that the Act does not use the word "venue," but says "place of trial." I think the change will be an improvement, and certainly the meaning will be more generally understood. The chairman. The question is on the adoption of the amend- ment. The amendment was lost. The secretary read subdivisions five, six, and seven. Mb. HAGER. Mr. Chairman : I have an amendment to offer to sub- division seven : I will explain it before I send it up. The Committee on City, County, and Township Organizations have made a report in which we have reported on the matter contained in subdivisions seven and thirty-two — they relate to the same subject. I propose to amend section twenty-five by striking out subdivision seven and tnirty-two, and insert- ing what I will send up. The secretary read : "Amend section twenty-five by striking out subdivisions seven and thirty-two, and inserting the following: 'Authorizing the laying out, opening, altering, maintaining, or vacating roads, highways, streets, alleys, town plats, parks, cemeteries, graveyards, or public grounds, not owned by the State.' " The amendment was adopted on a division by a vote of 77 ayes to 6 noes. The secretary read subdivisions eight and nine. Mb. BURT. Mr. Chairman : I desire to offer a substitute for sub- division nine. The secretary read : "Amend section twenty-five by striking out subdivision nine and inserting the following : ' Regelating the internal government and business management of county and township organizations, or election and compensation of county and township omcers.' " BBMABKS op MB. BUBT. Mb. BURT. Mr. Chairman: I presume that it was the intention of the Committee on Legislative Department to cover the same ground that is covered in my proposed amendment, but I regard this matter of special legislation, relating to county and township organizations, as of too much importance to leave any room for doubt as to its construction. In my opinion this matter of special legislation, relative to county and township organization, is more to be deprecated than all other matters of special legislation combined. It is not only detrimental to the interests of the counties and townships, but it is one of the greatest, if not the greatest source of corruption in our legislative halls. And not only this, but it serves to clog the wheels of necessary general legisla- tion. It is not necessary, Mr. Chairman, to offer any evidence in sup- port of this to any members on this floor, who have ever participated in the business of legislation in these halls. The fact that matters of vast importance to the State are pressed to the wall, day after day, during the session, to give room for this special legislation, is well known, and such matters ir they are allowed to be considered at all, are postponed until the very close of the session, and then passed, if at all, without any consideration. To those who have never participated in matters of legislation, I have only to refer them to this volume of the statutes of the last session. I find upon a closer examination of this volume, that out of five hundred and seventy-two laws contained therein,«ixty-nine of them are general in their purport and application, while five hun- dred and three of them are special ; and this is but a fair average of the general legislation in this State. Now, Mr. Chairman, I do not maintain, nor do I propose to maintain that such special legislation is unnecessary, or that it can be avoided. On the contrary, I know that it is necessary, but I do contend that it will better subserve the interests of the people for whom it is intended by being left entirely to the local Boards of Supervisors. Aside from this, if lefl to the local Boards, it will work a great saving to the State. It seems to me, Mr. Chairman, that our Iiegislature is squandering its time and funds in passing such special laws as our statutes are mostly ir^- DEBATES AND PROCEEDINGS ^L^r( mpoied of Id eiatniniag, for inatance, I find B special lav p&ned to 1 1 „j goata from ninoing at large in Roclilin precinct, Eiad acother to prevent hogs and gosla running at large n Ad n lowngh p Modoc Count?. It teems to lue that thg Legialature ir the^ had appropnated tha funda consumed in making this special lagialatioD to the payment of damages caused by the depredatiu^' ^^ tuoh hosB and goata, t would have been a saving Id the Slate. I ] it i* held b; peraons who are in favor of oontinumg th» special lej^ tion in the handa of the Legialatura, that in placing tbia power iti the the excenlioa of iDtj in the BUte the City and County of San Francisco, there is whose delegntioD, including both Senatura ana ini.-m»en ui lub Auem- bly, is not lesa in Dumber than conatitntea the local Boarda of fiuper- vlsata. And aa regards the City and County of San Francisco, it secma to me that they have infinitely more to fear from their delegation in the Legislature, than from their Board of Supervisors. To use the Cali- fornia phrase, the City of Ban Francisco trembles in ber boots during the entire aessioii of the Legislature. Hut there ia another reason whj- . this should be left in the local Boards of Supervisors. They are of " pfi?': of Untly . inkling with the peojile. They know the wanlj iMility better than it is uossiUle for the Legiala- lat, for instance, Mr. Chairman, does the repre- ■entative from Modoc, on the north, or San Diego on the south, kuoi of the wants of the' citiiens of San Franciscn, And yet, they ' t is poeaible for the representali much more of those San Francisco to know of the local representatives from the interior have access to the daily papers of Ban Francisco, which are filled with the wanto of San Francisco. This source of informatiun ia beyond the reach of the representative from San Francisco with reference to the interior counties, simply there are no local daily papers. How, with reference to these lo when thev are possea especially for the benefit of oommunitii county oMciais, they are invariably passed ^t the urgent aolicitation of those indjviduola or oSciaia, and not at the request of the coinmuuities interested. For instance, during the last session of the Legislature, a law was passed increasing the compensation of the Recorder of Placer County. Now, while not pretending to say whether such law was just, or unjust, I do say that it was paisaed without a single request from any individual in that county aside from the Recorder interested ; and had the matter been left to the Board of Supervisors I do not believe that his compensation would have been increased. But that ia only one case out of hundreds that are passed nearly every session with reference to all the countiea in the State. I believe, Mr. Chairman, that the public sentiment is tending towards increasing and concentrating this power of special legislation in the hands of tho Boards of Supervisory ouch power has been greatly increased during the last two years, and 1 have yet to learn of the very first instance where such power has been abused. I think, therefore, Mr. Chairman, that we are perfectly safe in leaving all sucli matters of special legislation, with reference to county and township organization, in the hands of Boarda of Supervisors, Ma. TEBIty. Mr. Chairman: The gentleman ia trying lo arriv thevery |)osition which the commitlae arrived at. I do not think amendment is any improvement. 1 think that "regulatingoounty township business " is fully aa comprehenaive as " regulating the in nal goremment aud busineas management of oounty and lowni organisation." I hope it will be voted down. Ma. HAGER. Mr. Chairman : As the committee, of which I am Chairman, has considered this same subject-matter, I will send up the paragraph as reported by the Commitlae on City, County, and Town- ship Organisations. It is fuller and more comprehensive than that of the Committee on Legislative DepaKmenL I willaend it up. It reads: "Regnlating the affairs of counties, cities, towns, townshipa, wards, cities and ctiunties. Boards of Education, school districts, or other politi- cal or municipal corporations or subdivisions of the State," Of course, if it is adopted here it will be stricken out of the report of the Committee on City, County, and Township Organisations. Tns CHAIRMAN, The question is on the adoption of the amend- ment oifered by the gentleman from San Francisco, Mr. Hager. The aniendmerit was reieclod. Thi CHAIRMAN, The question recura on the amendment offered by the gentli " - "i ■• « . Thei Ma. WEST, Mr. Chairman : I wi "'''''' h7re t^e"*^l'°s. ' ""' ^ inquiry. I have especially in achoot 'ied a tax aud col- :led a part of the money for the purpose of erecting a school-house, aud it required a special Act of the Legislature lo enable thera to oallect the taioB. r want to know if, under the principle of this report, it could be collected T Mr, terry. Mr. Cliairmsn : The object of thia section is (o get rid of all apecial legialalioa. We propose that the Legislature shall not say (o these people they shall do this, or that, or anything. Tan SECRETARY read subdivisions eleven ami twelve. Mr. crouch. Mr, Chairman: I wish (o ofler an amendment to Bubdivislon twelve. Tb» secretary reaii: "Amend subdiviaion twelve, bj inserting aller tho word 'affecting' the words, ' eslatea of deceased persons.' " Mb. crouch. Mr. Chairman: I think it is quite important that there should be no special legislation respecting the estates of deceased persons, authorizing the administrator to sell at private aale, etc. I would like to prevent legislation of that kind. Ma. TERRY. Mr. Chairman: I move lo amend by striking out the words " belonging to," so that the subdivision will read : "aff«:tlng theestatea of deceased persons, minors,or other persons under legal die- abilities." Mb. CROUCH. I accept the amendment The amendment was adopted, Tri SECRETARY read subdivisions tbiHeen, fourteen, and Rfteen. to be in the Constitution. I would inquire of the Chairman i mittee if he has considered that propositionT It strikes me that this ia one of the esses where it should be allowed to be special. Now we can- not pass a general law for refunding money. Suppose a case where the State has money belonging to one of ita citiiena which, in equity and common conscience, the State ought not to keep? I would like lo inquire how that money is Lo reach the party to whom it in equity belongs? Sup- pose the State aells property, and it turns out thera is no title to the property, and it ia absolutely lost to the purchaser! Now, of course, we all recognize the fact that in equity and common conscience the money belongs to the party who has paid it. How is he loget itT Yon cannot sue the Stale. Mb. terry. The easiest matter in the world— by ■ simple provis- ion in a general law, that any person who has paid money to the State for property, and it tuma mit there is no title, ahall have that money restored lo him — putting all men on the same plane. Ma, VAN DYKE, ftbink it is a much more dangerous provision than to leave it lo the Legislature. I move to amend by striking out that subdivision, I do not think we ought lo have a general law on the statute book allowing money to be refunded. There would be too many claims to get money from the State. We have no law now allow- ing the State to be sued, and I am opposed to any general law allowing money to be extracted from the treasury. In a case where the State has money that, in equity and common conscience, belongs lo a ciliien. the Legislature should be allowed to pass an Act to refund that specific money. 1 say that it is safer to let every case stand upon iU own merits than to have a geuetal law. Ma. WHITE. Mr. Chairman: I think a general law in such a caae would be a great deal more dangerous than a spe<'ial law, where it was evident lo the Legislature that the money belonged lo the cilisen; there- fore I hope the amendment will be adopted. Ma. LARKIN, Mr. Chairman : I consider that one of the most eal- ulary provisions in this section, A general law may provide that any party who haa paid money lo the State, under those circumstances, that It should be refunded lo him. Ma. WHITE. I would ask if a general lav would notopen the doon of the treasury lo everybody T Ma. LARKIN. J think noL Mi. HALL. Mr, Chairman : 1 rise simply to remark that the Fed- eral Government haa a general law providing for the return of money paid for purehase of lands wherever the title of the Government proves to be defective. I do not see why a like rule should not be adopted by the Stale. UI CHA rom Alameda, The motion was lost. Thi secretary read subdivi Mi. McFARLAND. Mr. Chairman: I move to amend by strikinc out subdivision nineteen. I am surry, sir. that the word " corporation " is in that subdiviaion, because that word throws certain gentlemen into fits, and I am not good on fits. [Laughter.] But I believe we are going loo far if we adopt this subdivision. Now, we have at the end of section twenty-five, that no special law shall be passed when ^neral laws wilt apply, and I believe there are some instances where it is proper to grant a special right ' ■>■... ^ be improved so that lumber could be floated in them. Now, t private individual could undertake to make the necessary inipnivv- menl, and the Legislature, in several instances, for the benefit o/ large communities, have given special privileges to certain parties, a uthorisinf them to charge a small amount for the privilege of floating lumber down. I do not understand how that could be done by a general law, because in a general law it would be granting too great privileges, and granting it upon too many streams. I refer to this simply as an instance where tbe Legislature should have the power to grant special privileges of this kind. Where it can be done by a general law let it lie done; privilege can be granted. 1 do not believe tbst this Clonvention ought to prohibit the Legislature from complying with the wishes of a lar^ community by granting a special privilege of this kind. If it is a special grant, it can be limited to the conditions of the case, whereas a general law allowing any person or peraons such privileges would be dangerous, becauae there might be cases where it would work an injury instead of a benefit, I believe that the Legialsture ought to have power in these extreme cases to grant special privileges of that kind, I do not think it would be proper to cut off from the Legislature entirely the power in any imaginable case to grant special legislation of that cbaracter. A general law, it seems to me, would be more dangerous than to allow tha r Dec. 21, 1878. OF THE CONSTITUTIONAL CONVENTION. 805 Legislature to do it in Bpecial cases, because a general law would be taken advantage of by toose who would merely wish to monopolize right. BKMARKS OF MR. LABKIN. Mr. LAREIN. Mr. Chairman : I was satisfied that the word corpo- ration was somewhere ahead of us, or we would not have seen these gen- tlemen here all this morning. The first special Act of that character which was passed had a little job in it, and it was the same with the second. Persons floating lumber down these streams were required to pay certain amounts, and instead of provine a benefit to the entire com- munity, as the gentleman says, it was found that there was a fortune in it for the feW who had secured the franchise, but nothing in it for the rest of the community. It was detrimental to the best interests of the State. These Acts have been cursed bv the people of the State ever since. So far as the word corporation is concerned, I do not think a corporation should have any more rights than an individual or associa- tion. All persons should have the same rights. Mr. McFABLAND. I would like to ask the gentleman if he is opposed to the improvement of any stream. Mr. LARKIN. By a special Act I am opposed to it, but under gen- eral law I am in favor of it. Mr. McFARLAKD. I would like to inquire how he would improve a river. Mr. LAREIN. By a general law authorizing people to associate for that purpose. Mr. McFARLAND. Then he wishes, by a general law, that he or anybody else can go on and take up streams. The first man that goes there gets it. That is his idea of being aeainst monopoly. Mr. SCHEXiL. Mr. Chairman : I send up an amendment. Thr secretary read: *' Amend subdivision nineteen by adding at the end thereof the follow- ing: 'except as provided for in section twenty-two of this article.' *' Mr. SCHELL. Mr. Chairman: I desire merely to remark that I understand that special privileges have been allowed to individuals or associations by section twenty-two. I understand that the Leeislature may make special appropriations under that section. I oner this amendment for the purpose of bringing up the question. I do not fully understand it, but suppose it was some special appropriatioti for the sup- port of these orphans, and that it would take a special law. Mr. LARElf]'. As section twenty-two is amended I do not think this section would affect it. The chairman. The question is on the adoption of the amend- ment offered by the gentleman from Stanislaus, Mr. Schell. The amendment was rejected. Thr chairman. The question recurs on the amendment offered by the gentleman from Sacramento, Mr. McFarland, to strikeout subdi- vision nineteen. The amendment was rejected. Mr. SMITH, of San Francisco. I send up an amendment. The secretary read : "Amend section twenty-five, subdivision nineteen, by inserting, after the word ' association,' the word ' official.' " Mr. SMITH, of San Francisco. Mr. Chairman : The subdivision would then read: ''granting to any corporation, association, official, or individual, any special or exclusive right, privilege, or immunity." The reason why 1 offer that amendment is this: that our last Legisla- ture did grant special privileges to certain officials in the City of San Francisco, concerning the City Hall. They had done certain work which did not conform to the contract and specifications, and by doing so would have forfeited their bonds, and to protect themselves they came to the Legislature and secured special privileges in re^rd to it. Mr. terry. I would like to ask the gentleman if he can find an officer who is not a person? The word, "individual," includes all per- sons, and I would like to know if the gentleman can find an officer who is not an individual? Mr. smith, of San Francisco. It says " individual," and not " indi- viduals." In this case there were two officials instead of one. [Laugh- ter.] The amendment waa rejected. The secretary read subdivisions twenty, twenty-one, twenty- two, twenty -three, twenty-four, twenty- five, twenty-six, twenty-seven, twenty -eight, and twenty -nine. Mr. MoFARLAND. I move to amend by striking out subdivision twenty-nine. My reason is simply this, I do not believe that the business of this SUite has become so equalized that the fees of the county officers should be the same in every county. I do not believe that a man can do the business in Mono at the same price he can do it in Sac- ramento. Mr. LAREIN. I understand that each county is to have the control of all these things in the Board of Supervisors. Mb. McFARLAND. If that is the proposition I am satisfied, but I do not see where it is. This certainly refers to no officer. State or county. I do not understand that anything has been passed allowing the county to determine the salanr of its officers. I suppose the Legis- lature will determine the fees and salaries of officers in all counties. If you specify counties it will be a special law. You cannot pass a general law providing for the fees and salaries of county officers. This subdi- vision says that you shall not pass any law affecting the fees or salary of any officer. Now, if you pass a law saying that they shall have so much in San Francisco, and so much in Sacramento, it is a special law. Thr chairman. The question is on the adoption of the amend- ment. The amendment was rejected. Thr secretary read subdivisions thirty, thirty-one, thirty-two, thirty-three, and thirty-four. Mb. JOHNSON. I have an amendment to offer to subdivision thirty - four. The secretary read : "Strike out the words 'no local or special laws shall be enacted.' " Mb. JOHNSON. Mr. Chairman : I am sorry to say, Mr. Chairman, that those words are surplusage, and I think the Chairman of the Com- mitte on Legislative Department will admit it. The first part of the section says : " The Legislature shall not pass local or special laws in any of the following enumerated cases, that is to say," etc. Mb. terry. I believe it is surplusage, and ought to be stricken out. The chairman. The question is on the adoption of the amend- ment Mb. HERRINGTON. I have a substitute which I desire to offer for section twenty-five. The secretary read : " Amend section twenty-five by striking out the section and inserting the following : ' The Legislature snail have no power to pass any special or local law, but may, by general law, authorize Courts to carry into effect the manifest intention oi parties and officers by curing defects, omissions, and errors in instruments and proceedings arising out of their want of conformity to the laws of the State, upon such terms as may be just and equitable.' " BEMABKS OF MB. HEBBINQTON. Mb. HERRINGTON. Mr. Chairman : I take it from the provisions of section twenty-five that it was the intention of this Convention — and if ?;entlemen will keep quiet I may be heard, for I have not got strong ungs to-dav — I take it that it was the intention of this Convention to cut off all local and special legislation. I know of but two cases in which there would be a necessity for any special legislation, and such cases could only arise where great injustice would result to parties in consequence of a failure to comply with the law, so that the intention of the parties is entirely defeated bv the act of the parties themselves; and in cases where officers have failed to confonn to the laws, and in consequence injustice has been done by reason of nonconformity, and their acts are therefore invalid under the law. Now, this provides that the Legislature may make a general provision whereby the Courts may cure these errors, defects, and omii»ions. Mb. TINNIN. Mr. Chairman : I rise to a point of order. My point of order is that this Convention has already adopted section twenty- five. The gentleman now proposes to strike out wnat has already been adopted by the Convention. The CHAIRMAN. The amendment is a substitute for the entire sec- tion and will be in order. Mb. HERRINGTON. Mr. Chairman : That is what I expected. I expected that point of order to be raised. Now, I submit that all that is embraced in the section which has been passed upon by the Com- mittee of the Whole is embraced in the section which I offer. It prevents all special and local legislation, and it authorizes the Legislature to pro- vide, by a ffeneral law, for the correction of all errors, omissions, and defects, in instruments and proceedings. It is a provision which will be found in some of the Constitutions of the States, and is highly com- mended by eminent authorities on constitutional limitations. Mr. Cooley says that it is a perfect and effectual guard of the State against injunous and unwise legislation on the part of the Legislature. It is recommended as one of the wisest measures that has ever been adopted by any people in their Constitution to prevent the evils which flow from hasty and local legislation. I submit that that provision ought to be adopted, and I would like, if it can be done, to nave it read again so that it can be fairly understood by the Convention.. The secretary read : "Amend section twenty-five by striking out the section and inserting the following : * The Legislature shall have no power to pass any special or local law, but may, by general law, authorize Courts to carry into effect the manifest intention of parties and officers, by curing defects, omissions, and errors, in instruments and proceedings arising out of their want of conformity to the laws of the State, upon such terms as may be just and equitable.' " The chairman. The question is on the adoption of the amend* ment. The amendment was rejected. Mb. turner. Mr. Chairman : Being somewhat slow I failed to ask a question which I wish to ask in regard to subdivision eighteen. It provides that the Legislature shall not pass any local or special law " legalizing, except as against the State, the unauthorized or invalid act of any officer." If it does not mean that what does it mean ? I under- stand that it means that if any officer commit an act against the Stat» that the State may le^lize it. If it does not mean that, what does it mean? I wish to ask if that is what the Convention wants to put into thisorganiclaw? STOCK SALES. The chairman. The Secretary will read section twenty-six. The secretary read : Sec. 26. The Legislature shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State. The Legislature shall pass laws to regulate or prohibit the buying and selling of the shares of tne capital stock of cor- porations in any stock board, stock exchange, or stock market under the control of any association. All contracts for the sale of shares of the capital stock of any corporation or association, on margin or to be delivered at a future day, shall be void, and any money paid on such contracts may be recovered, by the party paying it, by suit in any Court of competent jurisdiction. Mb. FILCHER. Mr. Chairman : I send up an amendment to th(^t section : ^'.A.--. .V- tA .'■'■i- ■-'-'- "'-f- s ; I ^^ •i 806 DEBATES AND PROCEEDINGS Saturday, Th» secretary read : " Strike out all after the word State, in the fourth line, and insert the following: ' Kor shall any stocic board or stock exchange, or other asso- ciation for the buying or selling of the shares of the capital stock of cor- porations be allowed to exist.' If RBMABKS OF MR. FILCHKB. Mb. filch ER. Mr. Chairman : The amendment is as first adopted in the Committee on Legislative Department. It was conceded, as I believe, that the evil aimed at is one that ought to be repressed, and yet the argument in committee was so overwhelming, that in the event of the adoption of a Constitution here, the power of the Stock Boards will defeat the Constitution, that it was changed. It was asserted that they could perhaps put in the field as much as two millions of dollars to defeat the Constitution, in the event of the adoption of a section of this charac- ter. I feel this way in regard to it : if we are going to do anything in the Constitution at all, let us strike at it effectually. If not, if our measure is not effectual, and will not accomplish the object aimed at, then I would be in favor of having nothing to do with the subject in the Con- stitution, for I recognize the fact that the Legislature has all the power in this matter, without any constitutional provision, that it would have with one, such as is suggested. I anticipate that this section, as it now stands, would bring upon this Constitution all the opposition from the quarters suggested that would be centered against it even in the event of tne adoption of the amendment which I propose. If this Constitution should oe adopted with the amendments as reported by the committee, it would be a continual source of lobbying and corruption about the Legislature. We have seen this matter tried. We have seen the Cali- fornia Legislature attempt to suppress to some extent the evil of stock gambling; and we have seen several of the most formidable lobbies per- haps ever assembled here, to defeat that measure. I, for one. am in favor, as far as possible, of removing all sources of evil, and the lobby is one of the worst; therefore, I say, if we trouble this stock gambling evil at all, let us touch it in a way that it will be efiectual. Mb. WILSON, of First District. Mr. Chairman : I have an amend- ment to offer. The secretary read : "Strike out all after the word 'association/ in line seven." BKlfARKS OF MB. WILSON. Mr. WILSON, of First District. Mr. Chairman : If this should be adopted as a substitute for the amendment of the gentleman from Placer, it would leave the original section, down to the word "association," in line seven, and would strike out the balance of the section, and would then read as follows: "Sbc. 2fi. The Legislature shall have no power to authorize lot- teries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of a lottery in this State. The Legislature shall pass laws to regulate or prohibit the buying an(f selling of the shares of the capital stock of corporations in any stock board, stock exchange, or stock mar- ket under the control of any association." As reported by the committee, it authorizes the Legislature to regulate or absolutely prohibit the sale of stocks in stock exchanges. It delegates that power to the Legislature. That is a very extensive business, and it may oe that the Legislature may be able to regulate it in such a manner as to remove some of the manifest and prominent evils surrounding it. With my amendment it would leave it m that condition. If the Legis- lature should find that the evils were incurable, it would then have the power to prohibit it entirely. Mr. FILCHER. I would like to ask the gentleman if the Legisla- ture would not have just as much power without the second sentence as with it? Mr. WILSON. No, sir; in the one case it is made mandatory and in the other it is discretionary. It would have the power, of course, with- out any amendment to the whole section, but the difference is that in one case it is made mandatory, and in the other it is not. For this body to undertake to prohibit absolutely the buying and selling shares of stock, is to undertake a great responsibility, bemuse a vast amount of capital is invested in that business. If it is capable of being regulated, let the Legislature do it; but this section, as reported by the committee, would drive all the incorporated companies to Virginia City, and Vir- ginia City would have the entire business. The people of San Francisco would deal as much in stocks in Virginia City as they do in San Fran- cisco. It seems to me far better to authorize the Legislature to either prohibit or regulate, than to absolutely prohibit in the Constitution itself. The amendment which I propose, strikes out the last seven lines with the exception of the word "association." That is, it strikes out the fol- lowing: "All contracts for the sale of shares of the capital stock of any corporation or association, on margin or to be deliverea at a future day, shall be void, and any money paid on such contracts may be recovered by the party paying, by suit in any Court of competent iurisdiction." That is altogether too broad. It has been conceded heretofore in the debates in this Convention that corporations were necessary to conduct many of the great branches of business in this State. It is admitted by all that we cannot prosper without aggregated capital in the form of corporations. We have already passed some very strong provisions to regulate and control them, and the State and the Legislature has at all times the power to regulate and control them. If it be true that we intend to preserve corporations as a part of the great business machineir of the State, then there will be a large amount of capital stock that will always be necessarily owned by individuals. It embraces, as has been shown here by the record, a number of branches of business — banks, insurance companies, shoe manufacturing companies, railroads, rolling mills, manufacturing companies, lumber companies, carriage factories, and all these various interests. Assuming that I should own in a large carriage company three or four hundred shares of its capital stock, why should I not be permitted to sell it part cash and part on time? Is there anything in the transaction inconsistent with the public morals? Is there any just reason why I should not sell iny private stock? In an insurance company, why should I not sell my own shares of stock part cash and part on time? Yet, this section would prohibit as simple a business transaction as that. Mr. FILCHER. In my opinion, it would not. Mr. WILSON. 'I will explain. After it has end6d with the Stock Exchange it proceeds in a distinct and separate sentence and says: "All contracts for the sale of shares of the capital stock of any corporation or association on margin, or to be delivered at a future day, shall be void, and any money paid on such contracts may be recovered by the party paying it, by suit in any Court of competent jurisdiction." it seems to me beyond the pale of contradiction, that if a man sells n hundred shares of his insurance stock for so much a share, half cash and half payable in thirty days, the Courts would declare the whole contract to be void, and the man who had voluntarily paid his firet installment could recover at law. There are cases sometimes where an administra- tor or executor may deem it expedient to sell part cash and part on time. A man dies possessed of a large amount of stock in one of these many companies; in order to close the esfate satisfactorily, the executor finds it best to sell that stock part cash and part on time, and the Probate Judge approves of it as an expedient and proper course to be followed, and such a sale is made — a public sale to a bidder is had — the stock to be delivered at the lost payment. It is really a contract of sale between private individuals, because the balance is to be paid at a certain time, at which time the stock is to be delivered; this is a contract of sale. But in such a case the contract of sale would be void, although made under the direction of the Court, because the Constitution prohibits any such sale where the property sold is to be delivered at a future day. Take the case of a partnerehip. Two men are engaged in business, and in the course of their business are unable to agree, and must dissolve their con- nection. It becomes necessary to have a sale in the public market in order to close up their partnerehip affairs. They desire to sell. They agree to sell in the market at auction, and to divide the proceeds between themselves. In such a case they might deem it desirable to sell on time, or sell half cash and half on time. This section prohibits that transac- tion. This disposition of the Convention to regulate, or prohibit the private business of men, will be found to be wrong, and will not meet with the judgment of the great body of sensible votera of this State when they consider this section. I do not see why it is necessary to forbid sales of stock to be delivered at a future day. The evident intention of the section, as the gentleman from Placer says, was aimed at sales in the stock board. But it goes further, and seems to have no limit. It reaches private sales and private transactions. Then, too, it uses the words, *' on margin." This would be a bad term to put in a Constitution. It is a technical phrase. If I underatand a sale on margin, it is merely a sale of stock on time, the stock being retained as security, and not delivered until the final payment is made. That is what is ^nerally called a sale on margin. If^ the stock falls in value before the time of final payment arrives, the buyer is called upon to advance more margin. At the end of the time the practical operation is, that instead of paying and taking the stock they generally pay the difference between the value of the stock, at the time of the first transaction, and the value at the time of the settlement. But here you do not aim solely at the stock board. You make it apply to a private transaction. The question will be whether in the judgment of this Convention it is good business policy. This is a question which addresses itself to the sound business sense of the Convention. How far shall we determine these matters instead of leaving them to the Legislature. In the first portion of the section it is left to the Legislature to determine when ii will prevent abuses* but this last sentence goes to the extent of prevent- ing an ordinary business transaction, against which no valid objection could be made in point of morals or expediency, and it also interferes with the private rules of business men in numerous instances, such as I have cited, of administrations, partnera, and many other instances which might be given of a similar nature. The section, with the amend- ment I propose, would place it within the power of the Legislature to regulate or prohibit sales in the Stock Board as it might see fit, and would permit men to make their own private contracts, as they ordina- rilydo in business transactions, exercising their own judgment, and not calling upon the State to direct or regulate them. Mr. TERRY. Mr. Chairman: I move that the committee rise, report progress, and ask leave to sit again. Carried. IN CONVENTION. The PRESIDENT. Gentlemen : The Committee of the Whole have instructed me to report that they have had under consideration the report of the Committee on Legislative Department, haye made pro- gress, and ask leave to sit again. RXPBNSES. Mr. REDDY. Mr. President: I have a resolution to offer. The secretary read : Whbrkas, The balance of the money appropriated for this Convention amounts to about three thonsand nine hundred dollars, which is about two days' p«y for the members ; therefore, be it Rttolvedy That the members receive for those two days certificates, and that the money above referred to be set aside for the expenses of this Oonveution. Mr. REDDY. Mr. President : It will be seen that in two days the fund will be exhausted. The Convention will then be without any money at all, any ready cash, anything to pay with, and inasmuch as we must take certificates after two days more, we might as well commence now and leave this money for contingencies which may arise during the remainder of the session. These certificates which it is generally under- stood will be given to members, can be cashed at a discount of ten per OF THE CONSTITUTIONAL OONVE nt. In that case the tou to each member noulil be Bimplv two dollars itheae two days. I hope there are nn membera here but what cbd spare at two dollani for that purpose. It will not be much loss to the mem. ,n and in the aggregate amounts to a pretty good fund. I hope the •aliition will receive the favorable consideration of the Cativention. Ml. ROLFE. Don't you inlaad to put tbe attach^ on tbe eatne foot- g with the membersT Don't you think they should be put on the ma fooling with the membersT Ma. REDDY. I don't know. The resolulion is to retain this sum r the expeofes of the Convention, except the per diem of the mom- rs. Now, memben will lose but two dollars, simply the discount on e two days' pay, and if it should go to the attaches I certainly, for one, aa\d be willing to let it go. It may be neceMar; to have a call of the ■nee before many days, and if we have no money we will be unable Lve no nuh 1 presume the printer will refuse to dn it- Ma. FILCHCR. It is understood that the prinling will be done on Mr. REDDY. There may be, for instance, ■ call of the house; the rgeant>a(-Arms must have money to start on. The fund will lie paid it on the order of the Convention any way. It is reserved for the ipenms of the CoDrention and can only l>e paid out by the action of e Convention. I apprehend that if thia resolution is adopted there e no members on this fioor who will demaod it or who will sUnd Ma. VAN DYKE. I call for the reading of the reiolution. Thi 8ECHBTABY read the resolution. Ma. VAN DYKE. Mr. President: I am in favor of that reeolution. e might have occasion for the use of a little money and then we would id ourselves in an awkward position. 1 think we had better allow at fund to remain for C0Dtinf;ent expenses. Mk. WUITE. Mr. President: This is the third time thin resolution IS been brought up ; each time in a new form. It is very indefinite bat this money is mtended for. It is, as I am Informed, to be divided long the attaches of this Convention. 1 know it; Iwcause they eome me and told me bo. I think we are as good as they are, and they are Mt/^WALKER, of Tuolumne. 1 move lo amend by inserting the )rd "incidental " before the word "expenses." Ma. DUDLEY, of San Joaquin. 1 move to lay the resolution od the The motion prevailed. Mb. walker, of Tuolumne. I move that tho Convention do now The ayea and noes were demanded by Messrs. I^rkin, While, Howard, Los Angeles, Dean, and McCallum. The roll was called, and the Convention refused to adjourn by the lut- iring vole : lumui, idley, of Solan HernoglOn, Lindow, Heiskell, Heruld, Hilbom, Hitchcock, Kleine, Larkin, >Tia, iwling, Lewis, id ley, of 8aQ Joaquin, McCallum, rej, McConnell, \tnU, McCoy, Icher, HolTat, r, Heuoaber, Ohleyer, The hour having arrived, th dock r. M. AFTERNOON SESSION. The Convention reaeserabled at two o'clock r. Roll called, and a quorum present. Van Voorhies, Walker, of Marin, Walker, of Tuolumne, Wina^B— S!. Reynolds, Rhodes, Schell, Schomp, eSiShoemaker, , Shurtleff, Bmith, of 4th District, Bmith,ofeanFnnciBco Btodman, Stevenson, Terry, Thompson, Tinnin, Tully, Van Dyke, Webster, Weller, Wellin, West, White, Wilson, of Tehnma, Wilson, of Ist District, Wyatt, 1^. President— 78, ion took a recess until two ant; 1 have ■ resolution to ofler. >t pay ei Taa PRESIDENT. MbT ROLFE. Mr. 1 of memlwrs in this C because it only referret balance in a low days i mey for olh stand it will only be al be a very small mattet Arms, and Pages, will, as thia CoDTention last The mem here of this C one hundred days unit an appropriation for i other ei|Knseg which ^ had better save a liUIe pockets for it. Me.AYER8. Mr.] adding "or for printing in the treasury the p exhaust it all, and it n ought to be reserved, s should not be reserved Mb, BOLFE, 1 ace Ma, WHITE. Mr. adopted. It takes aw attaches ought certair there. It will be wasi in some way. I thinl ?i to the last di , eeping th not know but Frandsoa Referred lo Coinmitt Ma, TERBY. Mr. resolve itself into Com for the purpose of furt Legislative Departmen IN C( Thi CHAIRMAN. twenty -si I, and the an Ma. TERRY. Mr. i discussing the amend n Cisco, Mr. Wilson, to corporation or associati shall be void, and an^ K' the party paying It iw, the object of tha in any w^ that you n the same footing that c take the same chance San Francisco objecls I believe, is well undersi self is ignorant of the is. A great many of t what that phrase meai because they have pair the principal part of tl wont species of ganibl gambling a man knon money on a game of ft he buys Block on a ma. stop. In the languag mud." He is in a eon more margin. He is t ieeled.this ilackb< DUld the streets, and tl anywhere in the sloe Men do not buy stock. slock in his poeaesaion, 808 DEBATES AND PROCEEDINGS Saturday, end of the time, say ten days, the stock has advanced in value, why he gets his check for the difierence between that and the price he agreed to pay for it. If, on the contrary, the stock has declined in value, the purchaser must pay the difference, and that is the end of it. But if this provision is adopted, as I think it will be, then no man can sell stock unless he has got it to sell, because he is required to deliver the stock at the time of the sale; and whether he chooses to sell for cash or not, he must have it and deliver it when he sells it. It is not a perfect remedy, but it is some remedy. It will prevent a great deal of the evil. Per- sons will not have so much object in putting up and down price of stocks, which is simply done for the purpose of robbing the people. These fine stories are simply flies to catch gulls. If these men who have been indulging in tliat kind of swindling had justice meted out to them in the same measure and at the same rate that it has been meted out to poorer, though less guilty, they would have to live more than a thousand years or cheat the State out of years of service. Now, we pro- pose to put some sort of check upon such operations. We propose to say that they are dealing with a man as other eamblers, and tnat it is at his option whether he will pay them or not; that if he objects, he can sue them and recover his money. It puts them exactly on the same footing with other gamblers and allows a party to recover the money out of which he has been fleeced. It has been said that the effect would be to drive this stock board to Virginia City. Well, as far as I am concerned, and I think the people of the State are of the same opinion, I would be perfectly willing to see the whole business in a climate very much tarther south than Vir- ginia City. It would be "good riddance to bad rubbish." The country would be prosperous now but for that We have periodical rises and falls in this stock board. Whenever the season has been prosperous, some wonderful discovery of millions of ore is made in the fifteen hun- dred-foot level or the twenty-four hundred foot-level of some mine, and a great excitement is raised and kept up until the profits arising from the wheat crop has been stolen from the honest farmers, and then it is discovered that what was supposed to be a large body of ore was only a little bunch that did not amount to much anyhow ; the mine peters out and there is nothing left of it except a few miserable persons who have lost their homesteads or their savings of years, and are driven into the almshouse or into the penitentiary in time. This provision is not going to interfere with an honest sale by anybody, of any honest stock that he may have. If an administrator makes a sale of stock, there is no reason why the stock should not be delivered. The party delivers other prop- erty when he sells, and takes security for the purchase money, and no harm can be done in that way. I^ a man has got the stock he can deliver it; if he has not got the stock, he has no right to sell it in a manner which simply means a bet upon the rise or mil. I say that no injury can be done to any honest man or any legitimate business, and the only effect will be to prevent these swindling sales of stock which the seller has not got, and the purchaser does not want, and which is simply betting upon the rise or fall of that stock within a given number of days. The section without that would be of very little benefit to anybody. To be sure, the Legislature is directed to regulate or prohibit the buying or selling of stock. They may regulate in a way which will afford no benefit to the people. I hope that tney will regulate it so aa to f)ut an end to it. But we should do something. An attempt was made ast Winter to try to do away with some of the evils which now from the dealings in stocks, and it is a matter of public history, as far as news- papers can make history, that a bill was presented to parties in San Fran- cisco for twenty-eight thousand dollars, the expenses in defeating that bill in the Senate, and the bill was paid. I do not know whether it was transferred to the " India rubber account," or what was done with it. That was to prevent the passage of a bill regulating that traffic. Now, it is for us to protect the people against it. We cannot do it as fully as the Legislature can, but we can do this much: we can make these con- tracts void, and in that way we will do away with more than one half of the injury and loss which is inflicted upon the people by this man- ner of dealing. REMARKS OF MR. ORKOG. Mr. GREOG. Mr. Chairman : I am satisfied that the section will not work out the good which the gentleman proposes. His speech sounds well. As to the Grangers around here that nave gone to the city and bought on " buyers 30," I spoke to several of them, and they deny it. Mr. McConnell says he has done none of it. This does not remedy the evil, and the evils that are in the section are greater than those aimed at. This class of contracts only exist between dealers carrying large capital. It is the smaller transactions wherein the people are injured. I am sorry about these grangers, but I do not see that the part Mr. Wil- son proposes to strike out is of any benefit to them. I think that Mr. Terry is mistaken, and that by adopting this section, you are increasing the chances of the poorer classes being robbed. It is for the Legislature to regulate 6r prohibit, and the knocking off of the latter part of the section does not reduce the chances of the Legislature doing that. Mr. Wilson's amendment leaves it this way: " Skc. 26. The Legislature shall have no power to authorize lotteries or gift enterprises for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State. The Legislature shall pass laws to regulate or prohibit the buying and selling of the shares or the capital stock of corporations in any stock board, stock exchange, or stock mar- ket under the control of any association." The latter part of the section could easily be avoided. In spite of prohibitoiT legislation, and in spite of this clause in* the Constitution, it will only be necessary for one broker to deliver the stock to be delivered to another broker as security in order to avoid it. It is simply a little more circumlocution in doing the same thing, and the only thing that can be done is to leave it to the Legislature to make proper laws in regard to it. This clause in the Constitution is simply a catchpenny and will not save the grangers who send their money to the stock board. REMARKS OF MR. WILSON. Mr. WILSON, of First District. Mr. Chairman : The argument of the gentleman from San Joaquin, Mr. Terry, in support of the section, is impracticable. He seeks to remedy an evil, and in proceeding to do so he destroys the rights of innocent business men. There is lust the trouble and the exact difficulty. While it cures the evil, it destroys more honest and regular business transactions, and does greater injury to the public than the benefits which it confers. It prevents the sale of any shares of capital stock to any person to be delivered at a future day, and it does not reach the point to which he would address himself. If he intended to reach fictitious sales of stock he has been sin^larlv unfortunate. I claim that this is destructive of business principles, ft is a violation of the dictates of good common sense. It is interfering with the business of men who are capable of conducting their own affairs; and I am opposed to this Convention acting as a wet nurse to individuals who are able to manage their own affairs; and I am opposed to declaring an^ transaction void after a man enters into it with his eyes open and is dealing according to his own judgment. It seems to interfere with the ordinary business transactions of life which are free from any immoral tendency. We had better delegate it to the Leg- islature. We had better understand now and at once what is the object and meaning of a Constitutional Convention. The Legislature, after all, is a branch of the general government, and we must leave to it ordinary powers of the legislative branch of the government. The sec- tion without this last clause permits the Legislature to exercise a sound discretion on the subject of stock transactions; but this laat clause is a violation of all business principle, and, in my iudgment, the dictates of common sense, and is pnxiuctive of more evil than the evil which is sought to be remedied. This does not prevent the fictitious sale of stocks at all; it goes further. It is hardly related to that purpose, yet it pre- vents the ordinary business transactions of which I have spoken, and it prevents sales being made part cash and part on time. The gentle- man says, deliver the propertjr and take security. There are many instances where the best security is the property itself. A man sells a piece of land, and the purchase money is to be paid in the future. He retains the title to the lands as his security. That is an every day transaction. Mr. terry. But if he retains possession of personal property the sale is void. Mr. WILSON. You are speaking of a case of fraud. Mr. terry. If a man sells personal property and a creditor attaches it in his hands, the sale is void as to that creditor. Mr. WILSON. The gentleman knows that a transaction between a buyer and a seller, and one between a buyer and a seller and a creditor who is being injured, are two different things. This does not affect the creditor at all. That is merely one of those delusive lights which the gentleman throws out. No gentleman more thoroughly understands the art of presenting the worse as the better reason. He has the capacity, as shown in his argument, beyond any man that I know of on the floor. It is with the greatest difficulty, at times, that I resist him, for he rises with that earnest, honest expression of his, and can almost make us believe that wrong is right. But he evades the question. I ask him to walk up to the mark and say if this does not interfere with the common transactions of wtiich I speak, and that if a man who owns insurance stock, or stock of a carriage company, is not prevented from selling it payable in the future? I say that to place that in the Constitution would make us the laughing stock of the world at large, and it will be criticised and commented upon as a simple case of corporation-phobia. I say to put that in the Constitution is not to be thought of. Mr. Terry. The gentleman is objecting that this will interfere with business transactions, and knows that sales of personal property, unac- companied by actual and continued possession, are not good. M!r. WILSON. Is it not ^ood between the parties? Mr. terry. Certainly it is good between the parties. Mr. WILSON. That answers the question. Mr. terry. If a man has got property to sell, I can see no wrong that is done, either to the buyer or the seller, by reouiring the property to be delivered when it is sold. That is what the statute of fraud reouires. Mr. WILSON. It does not as between the parties. Mr. terry. You say that it will derange business. Does not the statute of fraud do the same thing? If I ouy property of you and allow that property to remain in your possession, don't I have to take the chances ? Mr. WILSON. If we introduce a third person into the proposition I have nothing more to add. It has nothing to do with the mafler under consideration. REMARKS OF MR. TSRRT. Mr. terry. Mr. Chairman : The gentleman says that it is wrong for this Convention, or for the jjegislature, to constitute itself the guardian of grown m^, and to say that they shall not do as they please with their own. Why, the same kind of argument can be used against Ihe law to prevent the sale of lottery tickets. The gentleman may say, why, here is a man who says : " I am willing to give you twenty-five dollars for a lottery ticket," and the Legislature has no right to come in and say that the man shall not make the contracL Here is a man who is willing to sell, and here is a man who is willing to buy, and yet the State prohibits it, because it is against good morals, or against public morals to allow it. What right has the State to step in there? Yet the State does step in and prevent the transaction. Not one man has been driven to crime by faro and monte, and other kinds of ntmbling, to a thousand by the transaction of these stock boards in San Francisco. Public officers, men of the highest reputation/ men who have been r Dec. 21, 1878. OF THE CONSTITUTIONAL CONVENTION. 809 looked upon as the soul of honor, have been drawn into this whirlpool, have gambled off what did not belong to them, and have only escaped the penitentiary by committing suicide. Men employed in banks — employes, clerks, and tellers — rob their emplovers in order to obtain money to keep up their gambling operations m stocks. I do not put this forward as a perfect remedy, but in some degree it protects the people against these swindlers; It makes all such contracts void. No man is going to sell to another when he knows that the man can repudiate the contract and sue him, and recover his money back. The gentleman from Kern savs that these things are principally confined to the manipulators of the stock board. Let them. Let the dogs eat the dogs. Let the thieves rob the thieves. Let the swindlers make a Kilkenny cat business of it, and put each other in the poorhouse; I have no objection to it. But I want to protect the honest people outside of the stock board. The laws are not to protect gamblers against each other, but to protect other men against gamblers. This section is not to protect stock gamblers against each other, but to protect honest people against stock gamblers, and I ask the members of this Convention to adopt it. BEM ARKS OP MB. CROSS. Mb. cross. Mr. Chairman: There has been some question raised by members of the Convention that individuals not speakine upon this f oor the views which they have, are inclined to have an influence here which they ought not to have. The argument has been offered to us that it will not do to interfere with the matter of the sale of stock; that wheneveV we do that we are going agrainst the interests of our constitu- ency. I know not how that may oe, but I know something of the history of the relation of the stock boards, and their transactions to the legitimate business of mining in this State; that so far from the transac- tions of the stock boards being in any way an aid to the mining interests of California, they are the means of diverting from the legitimate busi- ness of mining the very capital which ought to be invested in legitimate mining, and investing it in the worst form of gambling. ISow, the gentleman talks about wet nursing people; I will gfve him a sample of this wet nursing. Now, sir, about a year ago the curbstone brokers in San Francisco became hungry because for some time past there had been no great excitement in mining stocks. They concluded that they must have a mining excitement. They commenced to talk about a certain stock, and how they had had the advice of men who knew to put their money into that stock. They concluded that if this stock could be run up to a high figure, it would carry others with it, and there would be sales of stock and plenty for them to do. They secure some newspaper — some one of those great leading ioumals of San Francisco — and blow abou| this certain stock. They then begin to talk about a rise. Stocks are g^ing up I Evervbody soon talks about it. Even young people, just starting out in life, think it would be a ^reat thing to make a fortune, or make a few thousand dollars that will give them a start. They put into these stocks all the money they have saved with which to begin life. Go to a broker to buy stock ; they do not want to sell stock ; they want a man to give so much margin, and they will carry so much stock for b im; presently the stock begins to boom, and a few more buy. Everybody puts into it all the money they can raise. Stocks are going up and the people think they are rich. This lasts until all the loose money in the State is on margin. Then what? Then, all of a sudden, the papers quit blowing, and the curbstone brokers quit talking, and in a day the margins are swept away. And what goes with them? Why, the savings of years; the earnings of men and women who have labored for years to save a small amount of money, and the homes of people who had their little homesteads. Why one hundred and eighty-eignt million dollars went into stocks in this State. Did it go into the pockets of the people? No, sir; it was swept over a few bankers' counters. Now, the whole system is wrong. It is a system of robbery ; it is a system of false assertions, and it is as much worse than the game of three-card monte as a lie is worse than a mistake. Mr. WILSON. Can you name any honest newspaper that you can Eick out, that will lend itself to any such swindling operation as you ave described ? Mr. KLEINE. You say that the brokers will not buy any stock except on a margin. I say the leading brokers will not buy any stock on margin except good stock on Comstock. They won't buy you a share. Mb. cross. Now, sir, the result is this, that the whole earnings of the year are sometimes swept away in a few days into the hands of a few men. The unfortunates who have been ruined by this stock gam- bling are not in San Francisco alone. They are all over the State. I tell you, Mr. Chairman, this opposition does not come from a fear that this section will not have any effect. The fear is that it will have some effect. The sales that are so dangerous are the very class that this sec- tion strikes at — this business of selling stock that is never delivered. It is the ^eat means of robbing the industries of this State of a large share of their earnings. The mining interests of this State demand not that stocks shall be sold on margin, not that stocks shall be sold to be delivered at some future day, but that when the stock is sold, that it shall be a bona fide sale, and that is all they do demand. BBMABKS of MB. WTATT. Mb. WYATT. Mr. Chairman : I shall support the provision as reported by the committee, and if the language of the committee was stronger, and could go further towards repressing the evil of stock gambling in this State, I sliould support it more heartily. If there is any one evil, above all other evils, that is affecting the people of California to-day, it is the evil of stock ^nibling, in my opinion. And as I believe it a part of wisdom to legislate, and to treat of the evils that we have, and not of those that have ceased to operate, and gone out of existence years and years ago, I propose, in so far as I can, to have a clause in the Constitution repressing this evil, and if the introduction into the Constitution of new clauses for the purpose of repressing this 102 evil should bring upon us the laughter of the people of to-day or of suc- ceeding generations, I am willing to stand my part of the laughter. I feel upon this subject very much as the old darkey is represented to have felt, when he asked the white friend of his to write him a letter, which he wanted to send to a rival in the affections of a certain lady. The young man asked, " What shall I say?" " Well," says the old darkey, "you can commence * hell and damnation,' and grow hotter and hotter as you go on." Upon the subject of stock garabnn^ that would be the kind ofciause I would introduce into this Constitution, and clinch it as much as it would be possible to do. t have no more sympathy with a stock gambler than I have with any other kind of gambler. If we are going to protect this kind of gambling I am in favor of having lotteries and gift enterprises — a new way of getting around lotteries; and I do not see why tnree-card monte, and, equally, whv the national game of faro should not be attended with all the dignity that it once held among men. I read a definition not long ago of what buying and selling stocks upon margin was, and it strikes me as being a most admirable definition or that transaction. It is about as Mr. Wilson and Mr. Terry gave it, except that it is a little more sententious. It said that the transaction was one where the man who sold that which he did not have, and the man who purchased, was a man who had nothing with which to purchase. That was selling stocks upon a margin. After all other kinds of concentrated capital has been let loose upon the people of this State, unrestrained by law; after Stanford has thrown to each all that he sees proper; after land monopoly can run right along with all the fraud- ulent transactions of the Land Ofl3ce that can be oonceived of to mon- opolize the land; after all the water can be taken up in the like way and under like transactions; after all these things can be concentrated in order to rob the producing classes of this State; then it is that this stock gambling Doard is reared up in this City of San Francisco, which is intended Tor the benefit of the washerwoman and the hands who work in the harvest field, as a place for all their little loose cash. It is held up as a glittering prize by which they can become million- aires ; that they can make a short road to fame and fortune ; that they can grow up and be the O'Briens; and they can be these great names that are constantly kept before the people by the public press of this State; and the whole people of this State are set in a flame with the idea of obtaining fortunes by gambling, or in any other way than that of patient industry by which a nation succeeds and is exalted. If it would not be improper here I would just sa^ that righteousness exaltcth a people, but sin is a reproach to any nation. We would come under that saying in a very short time more. I hope there will be no elimina- tion ; that there will be nothing that will make this section thinner, or more like milk and water. I want it concentrated and stewed down until it will be like one of those concentrated drinks frequently taken on California street. I want it concentrated and made strong, if it is possible, so far as I am concerned. I am induced to say this much because I told those who voted for me that when this proposition came up I would say it, and then I would vote it. I have said it to redeem that pledge and to discharge the dntv I owe to my conscience. And having said it I am not theleast afraid that any lobby will prevent me from voting it. I will be on hand to vote it whenever the vote comes. BKMABKS or MB. MCCALLUM. Mb. McCALLUM. Mr. Chairman : As I moved this proposition in the committee which has excited some discussion here, and I have no doubt, if we adopt it, will excite a great deal more throughout the State, I propose to say a few words in support of the proposition. First, per- mit me to say, with regard to the last clause, that that was inserted after the committee had agreed to the proposition as I had first moved it and after a motion to reconsider. I confess I was not entirely satisfied with it, and believe still that it ought to be amended; and if some gentleman should move such an amendment, I would be in favor of making that clause read this way : "All contracts made in the stock board or other stock market for the sale of shares of the capital stock of any corpora- tion or association, on margin or to be delivered at a future day, shall be void; and any money paid upon such contracts may be recovered by the party paying it, by suit in any Court of competent iurisdiction." I do think there is some point in the objection which has been made as to the manner in which that last clause reads with reference to sales in all other places. The object of the committee is to remedy what I believe to be the greatest evil of the Pacific Coast. I am disposed to believe it is the greatest evil in our whole country anywhere; and it is not confined, as some suppose, to one class or locality. The evil is wide- spread. It extends all over the State. There is scarcely a town in the State of California that has a telegraph station, that does not daily receive the reports of the sales of the stock board in San Francisco for the information of the numerous people in the different locations throughout the whole State, who^ are engaged in stock ^mbling. It is confined to no particular class. It includes all — professional men, mer- chants, laborers, rich and poor, of every condition in life; and, as the gentleman says here, ministers also. In fact I remember as an illustra- tion of the widespread nature of the evil in one community, that it was said, during the great mining excitement in San Francisco about three years ago, that the ministers were so absorbed in this mining spec- ulation, that when stocks were about at their highest, a certain clergy- man was heard to close one of his prayers with "over three hundred and fifteen — amen 1 " The manner ot doing business has been referred to by gentlemen, and I need not dilate upon it. Everybody who has been in &n Francisco " knows how it is himself." A good many of us have been there, not on the inside, unfortunately. I have no connection with stocks myself; have not had for a long time. I am aware that there is a great deal of good advice given — some of it for sale, some of it that is given freely. One of the very best points perhaps which they give and which is thought to be a certain rule and not fail, is to " buy 'em when they are low and sell 'em when they are high." My friends lost most DEBATES AND PROCEEDINGS of their money by buying Ihcm when thejr were low and they went good deal lower. The Committee on LegieUtive Department thonght Ilits wa> an ei which ought to be treated id this Coostitiition, and therefore we jiut this brief propoaition : "Tbe tegiataturo flhall pass lawa to reguUto or probibit thebuyii _ and Balling of aharea of the capital atock of corporations in any stock k eichsDge, or stock market under (be control of anj associa- We oonld not reach the sale of rtocki elsewhere. The object of thi to give the Legislature the authoritj to regulate or prohibit tlie whole business; and I believe if the Legislature should do so, it would remedy one of the greatest evils the State has ever known. I think, when the passions of this hour have passed away, and the history of the groat excitement in San Francisco shall come to be written, it will be found Ihnt the real source of tbe great public discontent in this State, especially in the City of San Francisco, was tbe widespread ruin ocrasioned by speculation in raining slocks, sold in the boards. The object of all law ia to commend wbat is right and prohibit what is wrong. Wo have proposed in this section, so far as possible, to authorize the Legislature to prohibit this great wrong. I ilo not propose, however, to discuss this _... f. _.!.__ T !.___ .!._. .ig Committee of "-- ■""--' ■" n amendment (o insert sales CQBI^n. oid, to t: vote for it. I do not see any dilficulty in that respect. Ms. McCONSKLL. I demand the previous question. • Tbe main question was ordered. THuCllAlkMAN. The first question is on the amendment olfe red by the gendeman from San Francisco, Mr. Wilson, (o stritia out all alter the wora " association," in line seven. The amendment waa rejected. The CIlAIRMAtl. The question recurs on tbe amendment otTered bj the gentleman from Flacer, Mr. Filcher. Tbe amendment was rejected. Mo. GREGG. Mr. Chairman : I send up an amendment. ThiSECUETAKY read: "Amend section twentv-six by inserting the words ' gambling and ' after the word 'prohibit,'' and before the word 'the,' in the second Itue." Mb. GREGO. Mr. Chairman: The amendment is only to prohibit gambling- Ma. TERRY. Mr. Chairman: I think there is no necessity for that amendment. The Legislature has always prohibited gambling. This section is intended to alTect a very l.irge interpst in this country, and the word is unnecessary. There is no necessity for instructing the Legisla- ture upon that subject. I prefer to have it passed as reported by the Mb. BEYNOLDS. Mr. Chaii I offer » substitute fur the amend- Thb SECRETARV read: ■' Strike out all down to the word 'State,' in line four, and insert as follows: 'No lottery, nor any gift enterprise, nor any scheme in tht nature of such, shall be permitted in this Stale; and it is hereby modi tbe dut^ of tbe Legislature to prohibit the sale of lattery or gift enter- prise ticksla, or tickets in any scheme in tbe nature of a lottery oi gift enlernriso.'" The CIIAIRMAK. Tbe question is on the adoption of the amend- ment olTered by the gentleman from Kern, Mr- Gre^- The amendment waa rejected. Mk. REYlfOLDS. Mr. Chairman: I will call the attention of the committee to the fact that the section, as reported by the Committee on Legislative Department, is not as strong as the old section of the present Constitution. The I'reseiit section says that the Legislature shall have no power to authorize lotteries. I do not apprehend that it is necessary ti) prohibit the Legislature from authorising lotteries or gill enterprises, and 1 am unwilling to leave out (he prohibition of the present Constitu- tion. That expressly says that no lottery shall be perraitled in this Stale, nor shall the sale of lottery tioketa be allowed- Now, the section, as reporteil by (he committee, departs from that and says that the Leg- islature shall have no power lo authorise lotteries. Now, I apprehend that it will be better to outlaw lotteries, (o prohibit lotteries and gift enterprises the same as the old Constitution does, say that no lottery nor fill enterprise, nor any scheme in the natureof suoli.ahall be permitted, hat will be substantiallv tbe provision of the old Constitution, and then 1 have added, "and it is hereby made the duty of the Legislature to prohibit the sale of lottery or gift enterprise tickets or tickets in any scheme in the nature of a lottery or gift enterprise." This goes a little farther than the present Constitution does in this. That, whereas the present Constitution only prohibits lotteries in the State, and does not prohibit the sale of lottery tickets of other States in this State, this will Chibit the sale of foreign lottery tickets in this Stale. It is a large iiiess. The sale of tickets in the Havana lotteries, the Mexican lot- teries, and (he numerous schemes gotten up in the various States on the other side of (he Rocky Mountains is carried on extensively in the City of San Francisco, with ramificatioaB all over the State, all over the coast. It is that I wish to prohibit. Mb. McCALLUM. If you will juat insert section twenty-seven of the old Constitution, that "No lotteries shall be authorized by this State, nor shall the sale of lottery tickets be allowed," that will cover the whole ground. I do think there is a little omission in tbe phraae- that the Legislature shall enfant the provision. I have addi mat iL IB especially made (he duty of the Legislature to prohibit tbe sa of lottery or gift enterprise tickets, or tickets tun, of such. Tna CH4IRMAN. The question is on the adoption of the ameO' ment offered hy tbe gentleman from San Francisco, Mr. Reynolds. ■ 1 on a division, by a vole of 3i ayes to ■ The amendment was Mb. McCALLUM. Mr. Chairman : I move to insert, to pnxede tl section, the present section of the old Constitution, " No lottery shall authorized by this State, nor shall the sale of lottery tickets be allowed Ma. HAGER. If (he gentleman puis in, as an amendment, the se tion of the old Constitution {irohibtting lotteries, and the sale of lotto tickets, then he ought to strike out the provision that the Legislatn shall pass laws to prohibit the sale of loUery ticketa. Mb. CAFLE3. Mr. Chairman: If I know anything of the Englii language, this aection is complete and ample, and all that is necessary -■ported by the committee, and to prefix anything before it would I ilha- gift enlerprisea for any purpose --— -. "And shall pass laws ise ticketa, or tickets in a Very well ; it has no powei scheme in tbe nature of a lottery in this ^tate." Now, I submit that covers tbe whole ground, and if you repeat it forty times you would ni and could not, moke it more comprehensive than it ia. Firet.itprohibi the Legislature from authorising a lottery or gift enterprise for any pu pose. Then it goes on to say that the Legislature shall pass laws prevent the sale of lottery tickets or gift enterprise ticket*. I subn: that to prefijt anything would be surplinage- There is no need of an thing more than is expresaed in that section. It covers (he who ground. [Cries of "Question," "Question."] Tm CHAIRMAN. There is no question before the eommiUM Ma. WALKER, of Tuolumne. Mr.Chairman: I send apanamen The secretary read : "Amend by striking out the words 'or prohibit,' in the fourth line." Ma. WALKKR, of Tuolumne. Mr. Chairman : I offer that becau the effect of the section is to destroy, as must be well known to evei gentleman, associations which are formed, and which have been formi in all commereial cities, for the purpose of carrying on slock operalioi Every large city has a stock exchange, and almost all stock transoctio are carried on in that way, through brokers in slock exchanges. It not to be Bup|M«ed that a person who may desire lo buy or sell a fe shares of stock would want lo go to San Franoisoo for the purpose transacting that business himself. I do not see any way in which th class of business can be transacted except through (he stock eichanj It seems to me that i( is granting too much license to tbe Legislature say that they shall prohibit one of the grandest institutions of the worl and that ia the atock exchange- Mb. HAGER. Mr. Chairman : I am opposed to striking that ont, si 11 says, " The Legislature shall pass lawslo regulate or prohibit the ha ing and selling of the shares of tbe capital stock of corporations in ai stock board, slock exchange, or atock market under the control of ai association." It only applies lo these private stock bosrds. I think it right. It does not apply to sales in open market, but only where tl stock board is controlled by an aosociatiou where tbey shut the pub) Mb. walker, of Tuolumne. It says in any stock board. The no free stock boards. It TT so all over (he world. I do not expect tl; amendment to be voted for; I meroly want it t« be shown where Mb. HAGER. These stock boards in San Francisco aro not open tbe public ; you cannot get into them unless you have a permit. 1 1 not buy stocks, and I do not sell atocks, but I know, to get into the sUn board, you have to have a permit. It is under the control of some ass ciation. If it was public, I would say that the words "or prohibit ought not lo be there, but, as I understand this section, it does notapp lo public places; and that association can exclude anybody they see f Ma. HERRINGTON. Mr. Chairman : I think the section can adjusted by striking out the first line and (he second line down lo (I word " prohibit," and inserting in lieu thereof the words, " no lottery gift enterprise shall be allowed for any purpose in this State, and tl Legislature shall ;" and then it reads right on. The chairman. The question ia on (be amendment offered I the gentleman from Tuolumne, Mr. Walker. The emendment was rejected. Ma. HERRINGTON. Mr. Chairman : I send up an amendment. Thi SECRETARY read ; "Amend section twenty-six by striking out down to (he word 'pr hibit' in line (wo, and inserting the words, 'no lottery ofgift enterpri shall be allowed for any purpose in (bis State, and the Legislatn shall.' " I quorum in the house. I will put the question again. The question was again put. Tmi CHAIRMAN. Only seventeen in the affirmative; manifestly ;. The amendment is loa(. That is a majori(y of those voting. r Dec. 21,1878. OF THE CONSTITUTIONAL CONVENTION. 811 Mr. MgCALLUM. I ask leave to read my amendment to section twenty -six: Insert, "No lotteries shall be authorized by this State, nor shall the sale of lottery tickets be allowed;" and strike out all between the words "shall," in line one, and the words "pass," in line two. That will meet the objection of the gentleman from San Francisco, Judge Hager. Thr chairman. The question is on the adoption of the amend- ment. A division was called for and the question put. The chairman. No quorum voting. There is manifestly a quo- rum in the house. The Chair will put the question again. The amendment was rejected, on a division, by a vote of 28 ayes to 51 noes. C0N0BES8I0NAL DISTRICTS. Thr chairman. If there be no further amendment to section twenty-six, the Secretary will read section twenty-seven. The SECRETARY read: Src. 27. When a Congressional District shall be composed of two or more counties, it shall not be se])arated by any county belonging to another district. No county or city and county shall be divided in forming a Congressional District so as to attach one portion of a county or city and county to another city and county ; but toe Legislature may divide any county or city and county into as many Congressional Dis- tricts as it may be entitled by law. CORPORATIONS. Thb chairman. The Chair hears no amendment to section twenty-seven. The Secretary will read section twenty-eight. The secretary read : Sec. 28. The Legislature shall pass laws for the regulation and limitation of the charges for services performed and commodities fur- nished by corporations, and where laws shall provide for the selection of amr person or officer to regulate and limit such rates, no such person or officer shall be selected by any corporation, and no person shall be selected who is an officer or stockholder in any corporation. Mr. GREGG. Mr. Chairman : I move to strike out section twenty- eight. It is provided for in sections nineteen and twenty of the article on corporations. Mr. terry. I do not see it. Mr. SCHELL. I desire to offer an amendment to the amendment. The secretary read : "Amend by inserting after the word 'corporations,' In line three, the following : ' other than railroad and other transportation companies.' " REMARKS OF MB. BBBRSTEGHER. Mr. BEERSTECHER. * Mr. Chairman and gentlemen of the Com- mittee : Section twenty-eight as reported by the committee, as the same now reads, seems to me to be in conflict to a certain extent with certain sections adopted and forming a part of the article on ooroorations other than municipal. In that article we have designated three persons as Railroad Commissioners, who shall have power to fix the rates of fare and freight, and generally have control or the railroad and transporta- tion companies of this State. Now, section twenty-eight, as the same now stands, says the " Legislature shall pass laws for the regulation and limitation of the charges for services performed and commodities fur- nished by corporations." Here the Legislature is given the power to regulate charges and generally to control corporations, and in the article on corporations other than municipal, we give this power to three Rail- road Commissioners. There seems to be an apparent conflict between the Legislature and these three Railroad Commissioners. I think, Mr. Chairman, that this can be avoided, and unless an amendment be offered to that effect, I propose, at the proper time, to offer the following amendment: by inserting after the word "corporations," the last word in the present section, " Provided, that nothine in this section shall be construed to give to the Legislature the authority to aftt contrary to the provisions of article , of this Constitution, relative to corporations other than mnnicipal." That is, to prevent the Legislature from having any power or authority over those tnings specially eiveu into the hands of the three Commissioners; and unless we make this express reservation there will be a conflict of authoritv. I am not in favor of striking out the present section. I am not in favor of the motion of the gentleman from Kern, to strfke out this section, because if this section is stricken out we will have no right or authority to control companies and corpora- tions other than railroad corporations. I believe that the present section gives us the power to control water companies, and if we were to strike this out wo might not have the power to control the Spring Valley Water Companv and other gigantic water companies. I will read it: "Sec. 28. The Legislature shall pass laws for the regulation and limitation of the- charges for services performed and commodities fur- nished by corporations, and where laws shall provide for the selection of an^ person or officer to regulate and limit such rates, no such person or officer shall be selected by any corporation, and no person shall be selected who is an officer or stockholder in any corporation." A water company furnishes a commodity. Of course, under this sec- tion, the Legislature has power to fix the rates of charees that a water company can charge for its water. Unless a section of this character be contained in the Constitution, water companies and companies other than railroad corporations may escape under their charters. They may claim exemption from legislative control. I believe the section to be absolutely necessary in order to control these companies which furnish the commodities of gas and water. I believe the section as it stands should remain, word for word, with the addition that the Legislature shall have no power, by reason of the existence of this section, to in any- wise control the acts of the Railroad Commissioners. I think the section ought to remain as a part of the Constitution. REMARKS OF MR. TERRY. Mr. terry. Mr. Chairman : When this section was reported, which was, of course, before the Committee of the Whole had acted upon the report of the Committee on Corporations other than Municipal, it was intended to cover all corporations, by providing that the Legislature should fix the rate of charges for services and commodities. Since the adoption by the Committee of the Whole of the twenty -second section of the report of, the Committee on Corporations other than Municipal, this section, perhaps, ought to be modified. That is, to insert after the word "corporations" in the third line, the words "other than railroad and other transportation companies." The CHAIRMAN. Tnat is the amendment offered by the gentleman from Stanislaus, Mr. Schell. Me. terry. That is all that is necessary. The Legislature has all the powers we do not prohibit them from exercising; but we can require of them to do some things, and they are here required to pass laws for the re^^ulation and limitation of charges for services performed and com- modities furnished by corporations. Mr. BEERSTECHER. I would ask the gentleman if the effect of the amendment of the gentleman from Stanislaus would be to simply except those corporations over which the Railroad Commissioners are' to have control? Mr. terry. That is what I understand. Mr. BEERSTECHER. Then I am satisfied with the amendment. REMARKS OF MR. ROLFE. Mr. ROLFE. Mr. Chainnan : I rise more for information than any- thing^lse. This section seems to be very general. It says that " the Leg- islature shall pass laws for the regulation and limitation of the charges for services performed and comm(xlities furnished by corporations." I see no limitation in it. Now, I would like to know whether it is intended that the Legislature shall regulate the charges for services per- formed and commodities furnished by all corporations? It seems to me that it would be imperatively their duty, for another section of the Con- stitution makes this mandatory. Now, would it not be obligatory on the Legislature to regulate the price of all services by all corporations, and all commodities of all corporations? For instance, if we had some of these corporations that have been mentioned by the gentleman from Monterey, Mr. Wyatt, for hatching chickens, raising pigs, etc., it would be obligatory upon the Legislature to fix the price of chickens and pigs. Mr. wyatt. I think those gentlemen would disincorporate then and it would act most admirably. Mr. ROLFE. It would require them to sot a price upon the blankets of this woolen mill over here — they are now incorporated. They^must go into these details. And I would just suggest would it not be advisable for us to amend our previous section limiting the session of the Legislature to sixty days? Now, I do not know as there is anything wrong in it but it seems to me that it would be imposing a great labor upon the Legisla- ture, whereas the intention is to relieve them of business. With that understanding I think I shall vote in favor of striking it out. REMARKS OF MR. MCCALLUM. Mr. McCALLUM. Mr. Chairman : If gentlemen will look at propo- sition number two hundred and thirteen, on file, they will find this proposition. I confess that the effect of this would be to require the Legislature to pass laws to regulate all that class of corporations which are generally known as monopolies. The proposition, as I presented it, will be found numbered two hundred and thirteen, in this language : "Corporations other than municipal may be formed under general laws, out shall not be created by special Act. All laws heretofore passed, or which shall hereafter be passed in pursuance of this section, may bo altered from time to time, or repealed." That lan^age occurs in the report of the Committee on Corporations other than Municipal, and therefore it should be omitted here. There- fore it should start in at this place : " Laws shall be passed for the regu- lation and limitation of the rates of freights and fares, and the rates of gas and water, and other services and commodities performed and fur- nished by such corporations. In case of the selection of any persons or officers to regulate such rates, they shall be selected as may be provided by law, which shall in no case authorize the naming of any such person or officer by any corporation." Mr. terry. Suppose a wharf company should monopolize all the frontage on the Cihr of San Francisco. Mr. ROLFE. The Legislature has the power to do it anyway. Mr. McCALLUM. I think the language is not sufficiently specific; that it might be made more so, so as to cover the particular kind of cor- porations that the gentleman means. But as to the point of the gentle- man— that same point was made in the committee, and I confess I thought there was something in it. It was answered that it would do no harm, as no action would be taken. Perhaps that is a sufficient answer. I confess that I would prefer the proposition as originally pre- sented, with perhaps some slight amendment, so as to meet the point made by the Chairman of the committee, so as to legislate on that class of corporations doine business for the public at large. Therefore, when an opportunity shall present itself— I believe there are a couple of amendments pending now — I propose to offer an amendment to cover that ground. With reference to the conflict between this section and the article on corporations other than municipal, that can be remedied bv inserting, after the word "corporations," in line three, the words "except as otherwise provided in this Constitution," because the report of the Committee on Corporations does not cover other transportation companies than railroad companies. If you put in " except railroad and other transportation companies," you leave other transportation companies than railroad companies wholly unprovided for, either in the report of the Committee on Corporations or in this article. The point IS, that in the railroad article it refers exclusively to railroad cor- DEBATES AND PROCEEDINGS poratioDS. I ani aware that othera thought it nrouU bear a different mterpretation, but the Chairman nt the coramittee held that that wat th« object. Mh. HOWARD, oT Los Angeles. It iaevident to me that this aection requii«a some examination, and we cannot get through with this article to-night. I move, therefore, that the committee nie, report progress, ■nd aak leave to sit again. Carried. IN CONVENTION. TBI PRE3tDE5T. Gentlemen : The Committee of the Whole have inatrucled me to report that thej have had under consideration the report of the Committee on LegislatiTe Department, have made progress, and S9k leave to sit again. Bony, b3' Boucher, Campbell, Chapman, r. President I Bik leave to introduce ■ rcsoluUon. Referred to the Committee on Mileage and Contingent Expenses. Mb. bowling. Mr. President: I send U> the desk a notice I va TBI "SECRETABY rend: p. F. DowUng, E anb, tadd Than «l(hi, the Committee on Legislative Department. ' — ioraland that the Committee on Apportionment and Representation ; in working order. E PRBSIDEST. rr there bs n J. Tdk-h, Sncntarj, Ma. TERKY. Mr. Presideut: 1 Carried. And at four o'clock r. u. the Convention stood adjourned. JAUES N. BIBTON, Pnsldaot. the Convention do now adjourn. EIGHTY-SEVENTH DAY. SicBAHiNTO, Monday, December 23d, 1ST8. The Convention met in regular session at nine o'clock and thirty minutes i. ■., President Hoge m the chair. The roll was called, and members found in attendance as follows : Andrews, Harrison, Overton, A/en, Harvey, Porter, B^bonr, Heiekell, Prouly, Barry, Herold. Reddy, BortSn, Herri ngton. Reed, Beerstecher, Hilbora; Reynolds, Belcher, Hi(cho(«:li, Bell. Holmes, RinKEold, BlAckmer, lioward.of Los Angeles, Rolfe", Brown, Howanl, of Mariposa, Schell, Bun, UuesUs, Schomp, Copies, Hughey, Caiseriy, Hnnter, Shartleff, Charles, JohnMD, Bmith.of 4th District, Condon, Jones, Smith, of Ban Francisco Cn»s, Kenny, Soule, Crouch, Keyes, Davis, Kleine, Steele, Deu. sssr- Dowling, Sweascy, Doyle, Larue, Terry, Dudley, of Solano, Lewis, Dun lap. Lindow, Tinniir"' Eagon; Turner, Edgerton, McCallum, Tutlle, Esteo, McConnell, Vacquerel, Evey, McCoy, Van Voorhios, Far4ll, McFariand, Finney, McNutt, Webster, Fneman, Miller, Waller, Freud, Moffat.. West, Garrey, Moreland, White, Gt^man, Morse, Wilson, of Tehama, Gwce, Nbbou, Wilson, of 1st District, Gragg, Nelson, Wyatt, Hag*^, Mr. President. HoTe, . Ohlayer, is so ordered. TERBY. Mr. President: I move that the Convention now resolve itself into Committee of tbe Whole, the President in the chair, for the purpose of further considering the report of the Committee on Iicgii- IN COMMITTEE OF THE WHOLE. Thc chairman. Section twenty-eight,and the amendmenlaoffered thereto, is pending before the committee. T&e Secretary will r«ad the amendment. TbI secretary read : " Mr. Oregg moves to strike out the section. "Amendment by Mr. Schell: "Amend by inserting after the word 'corporatioi following : ' other than rmilroad and other transportation co Ma. HOWARD. Hr. Chairman : I wish to offer ai in altar the word " corporations," in line three. Tna SECRETARY read: " Insert after the word ' oorpontions,' in line three, (he words 'in all business in which the public has a use.' " Ma. HOWARD. Mr. Chainnan: I will slate that this is the langDage of the Elevator cases. I do not underetand that we have a right to con- trol the busiaeu of oarporations in any other class of cases except that in which the public has a use. That is the language used in the Elevator cases. The Chief Justice sava : " When, therefore, one devotes his property to a use in which the public has an interest, he, .in fsct, grants to tbe public an interest in that property, and must submit to be controlled by tbe public for the com- mon good, to the extent of the interest he has thus created." Now, we are going as far as I think the recognised principlea of law, as they have b«n determined by the supreme tribunal of lie country, have gone, and not beyond il. For instance, we have in this country corporations for the manufacture of soap, and the gentleman fnim San Bernardino suggests, for the manufacture of blaukeU, and for the manu- le three, the ompaniea.'" eDdment.logo ind all tl ssof bDSiD. n which the i the UnilalSUtes has gone, and, I think, is quite far enough, and will cover every evil at which we aim. Therefore I hope that the Chairman of the Committee on Legislative Department will agree that Ibatameud- Ha. TERRY. Mr. Chairman : I do not suppose that there ia any very great objection to the amendment offered by the gentleman from Los Angeles; but the idea of the committee in reporting this section was, that there should be no corporations except for public benefit That is the rule which is laid down in the books, that corpontions are not formed for the profit of the individual corporator, but are rightly only formed for such purposes as are beneficial to the general public In that view of the principle it occurs lo me that there would be prep. erly no corporation which tl\e public had not the right to use; and il was the purpose of the commitlee to discoarage the formation of corpo- rations, simply for the private advantage of ^e oorporolora. r Dec. 23, 1878. OF THE CONSTITUTIONAL CONVENTION. 813 mftde by me on Saturday. The section as it orieinally reads does not meet the evil that is complaint of in debate. I oelieve that the water companies, the gas companies, and the wharf companies are engaged in business in which the public has a use. This section is not directed at individuals. I suppose that these eas, companies and water companies could put all their property into the hands of an individual iu trust for them, and still go on with their monopoly. This word " corporation " seems to be sufficient for the Convention. If the word " corporation ** is there, they expect to go at it like a trout for a worm. I cannot see that the report of the committee brings about any good results. It simply makes them change their form of business, and allows them to continue their monopoly. The evil is nothing if the word *' corporation " is not there. They go for it simply because the word ''corporation" is there. Now, then, under the statute, a corporation can be dissolved, and can sell its property. A water corporation can do so, a gas corporation can do so, the telegraph companies can do so, and then you have nothing to resort too but the common law, and your Constitution is no good to you at all. It is simply there as a catchpenny, and amounts to nothing that is real. If it had meant business it should have said "individuals, or corporations engaged in a public employment," which would have included the words of the Supreme Court of the United States, and would have included all classes of business. But as it is, it is insufficient. Ma. HOWARD. I would say to my friend from Kern, that under the amendment which I have offered the Legislature would have the right to control the water companies in their charges for the distribution 01 water both in the cities and for irrigation purposes; and also gas companies. Ha. GREGG. I admit that, but you do not include the word " per- sons," or " individuals." Ha. HOWARD. If you suggest that amendment I will accept it Mr. GREGG. I will suggest that the word ** individuals " be inserted into the amendment offerea by General Howard. Mr. SCHELL. Would it include telegraph companies? Mb. HOWARD. It will include them, of course, because they are corporations in which the public has a use. I will except the case of inoividuals, because in the Elevator cases it was not a corporation. RIMARK8 OF MB. BBERSTECHKB. Mb. BEERSTECHER. Mr. Chairman : I hope the amendment of Mr. Schell will not prevail. I hope the amendment of Mr. Howard will prevail. The amendment of Mr. Schell proposes to insert in line three, after the word "corporations," the following words : "other than railroad and other transportation companies;" so that the section will read : " The Legislature shall pass laws for the regulation and limitation of the charges for services performed and commodities furnished by corporations other than railroad and other transportation companies." Kow, if these words are inserted, it clearly limits the liegislature from doing anything in relation to the regulation of railroad or other trans- port^ion compal^ies, and we do not propose to prevent the Legislature from acting in regard to railroad and other transportation companies where the power to act has not been exclusively given to some other bodv. We nave given the power to regulate fares' and freights to a Rail- road Commission, but we have not legged all power in that Railroad Commission. There may be a great many things to be done which the Railroad Commission would have no power to do. In the course of time, as neW matters arise, it may become necessary to enact laws and to regulate in particular departments and directions where the Commis- sion would be powerless, and the Legislature oueht to have the right in the premises wherever the power is not specially conferred upon the Commission. But, if you go and cut the Legislature off absolutely from acting at all, then the Commission not being able to act, and the Leds- lature also being unable to act, of course, by inserting the words that Mr. Schell has suggested, you virtually legislate in favor of the corpora- tion. There is no doubt but what cases may rise where there ougiit to be a discretion lodged outside of the Commission, and it seems to me that the insertion of the words offered by Mr. Schell, preventing the Legislature absolutely from doin^ anything at all in relation to corpora- tions and transportation oompahies is very dangerous. Very dangerous ! And in the course of years may prove to be suicidal to this State. I am opposed to it. The amendment of Mr. Howard is a proper amendment. Mb. brown. I would like to hear that amendment read. Thb secretary read : " Insert after the word, ' corporations,' in line three, the words, ' in all business in which the public has a use.'" Mb. schell. Mr. Chairman : I am willing to accept the amend- ment offered by the gentleman from Los Angeles, Mr. Howard. Mb. smith, of Fourth District. Mr. Chairman : I understand that General Howard consented to the suggestion made by my colleague from Kern to insert the word " individxiids," after the word " corporations." Mb. HOWARD. Let me see how it would read. Mb. McFARLAND. I understand that the gentleman from Los Angeles accepted the amendment to insert, after the word "cly of that water, ana unless I incorporate myself as a corporation the Legislature cannot regulate the price of that water. I may own all the water, appropriate it, or by some other means own all the water which would supply a whole neighborhood for farming — and I know of such instances existing in this State — and the whole neighbqf- hood will be dependent upon the supply of water which they will have to purchase of me. It is, in the highest sense, a public use. Now, if this section stands as it is now, without this amendment offered by the gentleman from Stanislaus, then that right of the Legislature to reg- ulate the price of water is restricted to corporations, and unless I go and form a corporation of myself, or associate three or four other gen- tlemen with me, I am not subject to contr6l. I have a monopolv in that case where I have all the waters to supply a whole neighborhood for farming, or a whole town for domestic use, and it is in the highest sense a public use, and the whole neighborhood or town is at my mercy because I am an individual and not a corporation. According to these Elevator decisions, where it is a use that is public, the Legislature has a right to come in and regulate the price, and it makes no difference whether it is supplied by a corporation or an individual. If the gen- tleman will take the pains to read the decision of the Supreme Court of the United States, in the Elevator cases, he would see that it does not apply to corporations any more than to individuals. It is the use that governs the case. REMARKS OP MR. SMITH. Mr. smith, of Fourth District. Mr. Chairman : I am in favor of this amendment, for the same reasons stated by Judge Rolfe, and for the further reason that in the article on corporations, in regard to railroads, where we have made transportation companies common carriers, and not individuals, it will give the Legislature the power to control freights and fares where an individual runs a railroad and owns a railroad ; whereas, otherwise, neither the Commission nor the Legislature would have all the powers that the State should have under the Constitution. It is held by many, and I presume it is the law, that the Legislature would have the power without any provision in the Constitution — but then there might be a doubt when the State, by its Constitution, under- takes the whole power. Now, in the article in regard to railroads it is provided that all railroads and transportation companies shall be com- mon carriers. If an individual owns a railroad, or if an individual owns a steamboat line, he is npt a common carrier under the Constitu- tion, but he must be a company to make him a common carrier — that is, if you go on the idea that youare confined to the definition in the Con- stitution as to what is a common carrier. Now, I hope that when we go back to that it will be remedied. It is better to have the Legislature control this than not to have any power in the State to control it, which may be the case under some construction. I do not see why one indi- vidual doing the same that a corporation is doing in any business in which the public have a use shoula not be subject to the same control. BBMABKS OF MB. BBOWN. Mb. brown. Mr. Chairman : It appears to me that this amend- ment will embrace, in the connection in which it would stand, more than any man would desire. Now, it seems to be admitted by the gen- tleman from Kern, and I suppose would be regarded as a correct pnnci- ple in law by the members of this Convention, that the Legislature would have the right to regulate corporations, but I do not believe that it is admitted that without a constitutional provision, the Legislature would have any right to regulate the charges for services performed by individuals ; and it is upon this ground that I would utterly object to the position taken by the gentleman from Sacramento, Mr. \IcFarland, because, in every case of service performed by individuals, the Legisla- ture would be called upon to regulate charges; and not only called upon, but it is mandatory, in selling fruit, in selling grain — anything of^ the kind, the Legislature shall pass laws for regulating and limiting the charges. It is a plain case. Now, I am not under tne impression that this body wishes to descend to any such course as thin, or to the indorse- ment of any such principle as this. Besides, the inconvenience and evil would be maniresL Now, I am under the impression that it has been intended to regulate the business of corporations, but let this amendment come in, and it comes down to all private dealings; and the Legislature shall do it — not only may, but shall regulate everything of this nature; that is, charges for services performed and commodities furnished by individuals. Now, this is not buncombe; it is the fact of the case, ^hat is what it would do. In this ridiculous way ihis Con- stitution would be loaded down. I am in hopes that all such amend- ments at this time and henceforth will be promptly voted down. Mb. lewis. Will the gentleman allow me to ask him one or two questions? I would like to ask if he contends that this Convention, or any body of the people in the Stete, can give the Legislature any more power than they have? Mb. brown. They can give to them any power that is put into this Constitution, and make it mandatory. Mb. terry. Can we give the Legislature any power? Can this Convention confer anv power upon the Legislature? Mb. beerstecher. No. Mb. brown. I must admit that Judge Terry is rather heavy tim- ber to run against, but if this body says so it is so. BIMARKS OF MR. LEWIS. Mr. lewis. Mr. Chairman : I presume that this Convention takes this position that the Legislature has the control, or has the power to control, the operations of individuals or corporations where their opera- tions become public, and when they are engaged in a business in which the public has a use; that this Convention can confer no power on the Legislature to control individuals in their individual action, but if an individual, as an individual, enters into an^ business by which his business becomes public, where the community at large is dependent upon his action for their welfare, under the common rule of selr- protec- tion, the Legislature would be compelled, or ought to, at least, and would step in and control it the same as if he were a corporate body. In certain towns in this State there are corporations for the purpose of teking wharfage. They control some portions of the waterfront and individuals own other portions of it. * Without this amendment the individuals, not being controlled, could freeze out the corporate bodies, and cause them to abandon their business. RXMARKS OF MR. BIERSTKCHEB. Mb. BEERSTECHER. Mr. Chairman, and gentlemen of the Con- vention: I find that the amendment which was offered by General Howard, and which was adopted, materially changes the reading of the whole section, and when I objected to the insertion of the word *' per- sons," it was considering the section as it stood without the amendment of General Howard. The amendment of General Howard, following the word "corporations," in line three, reads, "in all business in which the public has a use," so that if the words, "persons or," were inserted it would read : " The Legislature shall pass laws for the regulation and limitation of the charges for services performed and commodities furr nished by persons or corporations in all business in which the public has a use;" and in the light of the amendment which is put to tne section by General Howard, I am in favor of the words, " persons or," being inserted. If the section read as it was originally, or course the words would be objectionable because it would give the Legislature the ri^ht to interfere with private business. It certainly would raise the question as to the right of the Legislature to interfere with private business; but as it stands with this amendment it limits the intenerenceof the Legisla- ture to those classes of business in which the public has a use. Of course whether the business be performed by an individual, by a single person, or whether it be performed by a company, or by a corporation, as lon^ as the public has a use and an interest in that business, the public ought to have a right to regulate it. That, certainly, was the decision in the Elevator cases; and therefore I am in favor of the amendment. Mb. rolfe. We accept your apology. Dec. 23, 1878. OP THE CONSTITUTIONAL CONVENTION. 815 REMARKS OF KR. CROSS. Mr. cross. Mr. Cbainnan : It seems to me there is danger of going too far — the danger of going so far that what was a gooorations are for the public use ; next, because the services performed and the commodities furnished are by corporations, which, as I have said, include all asso- ciations and joint stock companies having any of the powers or priv- ileges of corporations not possessed by individuals or partnerahips. If this committee seriously would desire to adopt such a proposition as that which has been suggested here, it had better be done by a separate sec- tion. I hope that the friends of this proposition, and I certainlv regard it as a very important one, will stand by the proposition as it Kas been presented. I confess that my preference would have been to s])ecifically name every great corporation which we recognize as a monopoly. I have thought upon this subject a good deal, and can think of none except gas companies^ water companies, and the telegraph companies. That includes all the great corporations, and my preference would have been to have inserted them in general terms. Mr. SMITH, of Fourth District. Are not the words "public use" well understood in the Courts? Mr. McCALLUM. I think so. Well, I will not say to what extent they are understood in this country. Mr. SMITH, of Fourth District. Would not that prevent objection in this case ? Mr. McCALLUM. I think that while the words "public use" arc pretty well understood, that there are questions that might arise which would be very questionable. I believe in Europe the "public use" hns been held to extend to the furnishing of bread, to the price of loaves of bread, as well as to the weight of loaves. At any rate there is no neces- sity of embarrassing our action here by inserting such a proposition. Mr. ROLFE. Do you think the Legislature shoula regulate and limit the charges which this carriage manufacturing company shall charge for their carriages and wagons? Mr. McCALLUM. I think not Whether that would be the effect of the present sectionor not I am not prepared to say; but to avoid that, and to avoid all questions of that kind, I hope that my fellow del- egates, if they agree with me upon that proposition, will yet restore the original proposition, so that so far as commanding the Legislature is con- cerned, we wiall specify the corporations that we refer to — water com- panies, gas companies, and telegraph companies. I do not mean by wator companies the companies furnishing to the cities and towns alone, but to all water companies throughout the State which come under the general head of corporations, as defined in section thirty-three^ of arti- cle four, of our present Constitution. That is my judgment about it, and it would avoid all these embarrassing questions which may arise. REMARKS OF MR. MCFARLAKD. Mr. McFARLAND. Mr. Chairman : What is the object of this section twenty-eight? If it has any object at all, the object is to regulate any persons who may acquire a monopoly either of some of the natural resources of the country or of some business. Now, sir, what is the dif- ference whether that monopoly is in the hands of a corporation, joint stock company, or individual. Some gentlemen have an idea that a large class of work cannot be done without the formation of corpora- tions. That is not so at all. Let us take the ordinary case of a wat^r company. We all know that, under the laws of this State, parties who first appropriate the water of a stream on the public domain own it, and there is no power to, take it away except by the power of eminent domain. Now, suppose a company got possession of some water right — and it must not necessarily be a corporation — they can supply a town as an ordinary partnership or as an individual. If you pass a law of this kind, they can transfer their property to private individuals, and they can go on with their monopoly the same as before. Now, sir, if you intend to regulate things oi that kind, why not regulate them in the hands of private individuals as well as in the hands of corporation?. You might say there is no necessity for this section at all, so far as the Legislature having the power is concerned; that all laws may be amended or repealed. Of course, the jx>wer to amend a corporation law is limited. That is the decision of the Courts. That is the law as announced on this floor — that under the general law, reserving the power to amend or repeal a general corporation law, you may regulate it in any way, if you can regulate it to any extent. Mr. McCALLUM. In the case of water companies — simple com- panies, not incorporated — I ask if they do not come within the defini- tion of our Constitution? Mr. McFARLAND. Certainly not. Mr. McCALLUM. " The term cor{K>rations, as used in this article, shall be construed to include all associations and joint stock companies having any of the powers and privileges of corporations not possessed by individuals or partnerships." Mr. McFARLAND. I would like to know what powers of a corpora- tion Booth A Company, of this city, have? An ordinary partnership has none of the peculiar powers of a corporation. What powers have an ordinary partnership or association not having any special privileges? What powers have they that are akin at all to corporations? None whatever! Now, sir, a great many of the water companies in this State are owned by individuals, with none of the powers of corporations, and those that are incorporated could easily disincorporate. Supposing wc adopt this section, leaving out the word " persons," and a water company that has an exclusive property chooses to sell out to individuals, and disincorporate. Where are you then? They own the water that sup- plies the town, but they own it as individuals. You cannot regulate them under this law at all, sir; unless you^^an do it under the general doctrine of the Elevator cases, and then you can do it without this. As DEBATES AND PROCEEDINGS Monday the gentlenmn from Los Angeles says, ir we can do it under tlie Eleva- tor cases there is no necessity of this provisian. Mn. HOWARD. I do Dot oppose ita being put in. I am in favor of its being put in. Mr. McFAKLAND, If you are going to say that thi ihall regulale corporations that enjoy monopolieB, nhy m to persons as well as coiporationaT The individuals can do'tke thing in their individual capacity juat as well aa the corporation corporation is nothing more than an indiviilual formed under a gt ividualsT Iben you are in a position whenever they have conducted a business in which there is a public use, as they did in the Elevator cases, you can regulate them. If you leave it as it is jou will find that nearly ail the eorjxirations in the country will convey their propertv to individuals, and be out of icoch lil the legislature. Ma. McCONNELL. Mr. Chairman: I move to amend hv striking out all after the figures, "twenty-eight," in the first Uuo. I nope that we will not incorporate this in the Constitution. It is entirely unneces- sary. I hope that the whole thing will be stricken out. The Legisla- ture poBscaaes power sufficient to regulate ar- ->■■■■" "i— ' "■-" — -' '- ,d I hope that it will be. STEDMAtf. Mr. Chaira pending amendments. n should be stricken le previous question The mam question was ordered. The chairman. The RrsC question is on the adoption of the amendment otTered by the gentleman from Stanislaus, Mr. Schell, to insert before the word, "corporations," the words, "persons or." A division was called for. The queition was put and there were 45 ayes and 30 noes. The chairman. There is no quorum voting. There is evidently a quorum present. Those in favor of the amendment will rise and stand until counted. All the members are requested to vole. The amendment was adopted by a vole of H ayes to iX noes. The chairman. The question recurs on the motion of the gentle- man from Sacrameuto to strike out section twenty-eight. . Mr. McCALLUM. I rise to a point of order. Having inserted some amendments it ii not in order to strike out. TuE CHAIRMAN. The Chair entortaina no douU in (he world that The motion prevailed on a division, by a veto of 58 ayes to 2! noes. Th> chairman. The section is stricken out. Mr. JOHNSON. Isa substituto in order nowf Mb. McCALLUM. I give noliee that I will on to-morrow more to reconsider the voto by which the section was stricken oul. The chairman. The Secretary will read section twenly-nine. The SECRETARY read: Sec. 29. Dues from corporations shall be secured by such individual liabilities of the corporators and otlier means as may be prescribed by law. The property of corporations now existini;, or hereafter created, shall forever be subject to taxation, the same as the propertj of indi- viduals, and the franchises of such corporations shall be assessed at their actual cash value, and taxed accordingly. Ma. GREGG. Mr. Chairman : This S: cal section two of the article on corporatii I move to strike it oat. Ma. HOWARD. 1 second the motion. The question was put, resulting in 45 ayes and SI noes. The CHAIRMAN. No quorum voting. Gentlemen will pleaae va The question was again put. The CHAIRMAN. No quorum voting. Ma. McCALLUM. There are a number of us not voting. If aection. We do not voto because we think there is'a misapprehensii Ma. SMITH, of Fourth District. Jt should be in the article on tai Ma. GREGO. That is where it belong torporationa and the other in the article oi Hb. EDGEBTON. This section says: ■ e part in the a lues from eorporatioi existing, or hereafler created, shall forever be subject to taxation, the same as the property of individuals, and the franchises of such cor- Dorations shall be assessed at their actual cash value, and taxed accord- ingly." I believe that the proper place for that is in the report of the forth in detail. I do not see why it should be in a provision relating to the Legislature. Mr. SCIIELL. Mr. Chairman : It appears that we cannot get a quo- rum to veto upon any of these propositions. I understood the Chair to say that there was no quorum voting. For one, I do not desire to sit here unless wo have got a quorum, and therefore I move that the Com- mittee rise and report progress. Thk CHAIRMAN. The Chair will put the question again. There is a way to ascerljiin whether there is a quorum present or not. Ma. BARBOUR. The gentleman from Alameda says there seems to be a misapprehension. 1 will call attention to sections two and three, with the amendments adopted by the Committee of the Whole in con- sidering the report of the <'ommittee on Corporations other than Muni- cipal. I call his attention, then, to the report of the Committee on Revenue and Taxation. They cover the ground of the taxation of the iroperty of oorporaciona more fully than is done in aeclion twenty-nine 'hat is the proper place to deal with the subiect. and I do not see (h< lecessity of wasting our time upon It hen Ma. CROSS. Mr. Chairman : I nndei are trying to define the powera of t not taxing property In this part of why I voto to strike this out. Ma. McCALLUH. I think it Hght now. It belongs to that depart The CHAIRMAN. The question ison the motion to strike out sectioi The motion prevailed on a division, by a voto of SS ayes to IS noes. The chairman. The section is stricken ont. The Secretary wil read section thirtv. The SECRETa'RY read ; Sac. 30. The term corporations, as used in this article, shall b construed to include all associations and joint stock companies bavin; any of the powers or privileges of corporations not possessed by Individ »ls or partnerahipa. And all corporat' ....... .i. — . and shall b porsi subject to be sued ii allC a as natur Me- terry. That is the same as section four of the article on porations. I move it be stricken out. The motion prevailed. The chairman. The SecroUry will read section thirty-one. ing any charter for banking purpoaea, but associations may be formei under general laws for the deposit of gold and silver and other lawfu money of the United States; but no such association shall make, issut ilation any bill, check, ticket, certificate, promisKorj note ' paper of any bank, to circulate as money. .... .1 _. 1^ stricken out. The Secretary will read sc Ma. TEKRY. I The motion prevaili The chairman. The secretary read: Sec. 32. The Legislature of this Stato shall prohibit, by law, an; person or persons, association, company, or corporation, from exereisin the privileges of banking or creating paper to circulate as money. Ma. GREGG. I move that section be stricken out. The motion prevailed. The CHAIRMAN. The Secretary will read section Ihirty-three. The secretary read: Bcc. 33. Each stockholder of a corporation or joint stock asaociatio shall be individually and personally liable for his proportion of all i1 debts and liabilities contracted or incurred while be was a stockholdei and the Trustees or Directora of such corporation or association, an each of them, shall be responsible Individually for the niisappropriatio by the officers thereof of the funds or deposits of such corporation c Tat CHAIRMAN. The Secretary will read section thirty-four. The SECRETARY read: Sec, 34. It shall be the duty of the Legislature to provide, by geo eral laws, for the orKanication of city, town, and county govemmsnu and for assessing and collecting taxes for the support of the same ; prt vidtd, that no city, city and county, town, or county, shall ever incur debt which, together with existing indebtedness, wall e * — -- t. of the I value of tl 1 the made immediately previous to ineurrinj kaiBtver, that a city, city and county, i , ^ , money under and in accordance with the following conditi. itatioQS in addition to any other conditions and limitations contained i the Constitution, namely: The debt must be for some single work o object only, and must be authoriied by a resolution paased by a vote c three fourths of all the members elected to the Board of Snpervison Common Council, or local Legislature. Such resolution sball also dii tinctly specify the single work or object for which the dobt is to fa created, and the amount of the debt authorized, and shall contain prt visions for a sinking fund, to meet the same at maturity, and requirin at least ten per cent, of the principal to be annually raised by taxatiu and inid Into the Sinking Fund. Such resolution shall not take eflei nntif it shall be ratified at an election held in said city, city and count; county, or town, at which no other mattor is voted upon, and whic shall be held within davs after the passage of said order or resolu tion. The Legislature shalf make such laws as may be necessary t provide for holding such election and ascertaining the result thereof. Ma. TERRY. 1 move to fill the blank by insei The CHAIRMA'N. The question ii The amendment was adopted. Dec. 23, 1878. OF THE CONSTITUTIONAL CONVENTION. 817 I and Townehip Organizations. That committee have already made their report, and in that report they have covered ever^ proposition contained in this section. It seems to me that this is an improper place for this section. The report of the Committee on City, County, and Township Organizations has fully covered all the points, and I have no doubt will be satisfactory to every member of this Convention ; and it seems to me that it should properly come within the report of that committee. I move that the section be stricken out. Mb. TEKRY. Mr. Chairman : This is a very good section and ought to be adopted. It does not make any difference. If it happens to be in the wrong place, as I do not think it is, the Committee on Kevision and Adjustment can put it in its proper place. I think it a good provision to put a limitation upon the power of local legislation to run in debt upon the people and the taxpayers. The fact that this is incorporated in nnother report makes no dinerence. I do not know whether the points are covered or not, as I have not got them here. I do not think that is a reltson for striking it out; it may be a reason for postponing it. BBIIABKS OF MB. HAQRB. Mb. HAGER. Mr. Chairman : The report of the Committee on City, County, and Township Organizations covers the whole proposition reported in this section. A committee was appointed by this Conven- tion, the title of which is Committee on City, County, and Township Organizations. Now, this section says: ''It shall be the duty of the Legislature to provide, by general la^s, for the organization of city, county, and town governments." That is the very subject- matter that was referred to the Committee on City, County, and Township Organi- zations, and of course if this should be adopted it would cover substan- tially the report that has been made by the Committee on Citv, County, and Township Organizations. The report of the committee is number five hundred and twenty -one, and I suppose the members have it upon their desks. By referring to it it will be seen that everything relating to counties, cities, and townships, is embraeed in that report. It takes in city governments, county ^governments, and consoliaated city and county gdvernments, and provides for township governments. Section four provides that the Legislature shall establish a system of county governments, which shall he uniform throughout the State. In regard to cities it provides for their government by general laws, and it pro- vides a government for townships whenever the Legislature shall see lit to authorize the organization of townships.. Then it conteins a limita- tion upon indebtedness. Mb. FREUD. Where does it provide a limitation? Mb. HAGER. There are a great many sections to this report; take section twenty, it says: " Sec. 20. No county, city, town, township, Board of Education, or school district, shall incur any indebtedness or liability in any manner, or for any purpose, exceeding in any year the income and revenue pro- vided for them respectivelv for such year, without the assent of two thirds of the voters thereof at an election to be held for that purpose; and in cases requiring such assent no indebtedness shall be incurred (except by a county, to erect a Court House or Jail) to an amount, excluding existing indebtednras, in the aggregate exceeding five per oentam on the value of the texable property therein, to be ascerteined by the assessment next before the last assessment for Stete and county purposes previous to the incurring such indebtedness, and unless, before or at the time of incurring such indebtedness, provision shall be made for the collection of an annual tax sufficient to psy the interest on such indebtedness as it falls due, and also to constitute a sinking fund for the payment of the principal thereof within forty years from the time of contracting the same." The committee decided to insert the word " forty ;" originally it was "thirty." The point to be submitted to the Convention is simply this: Theoommittee appointed by the Convention to teke into consideration this proposition — ^all these things that relate to the government of cities, ooun- tiee, and townships — having reported upon the same, I suppose that we could consider the merits of that report in discussing the proposition here presented by the Committee on Legislative Department. I do not say that it is not within the province of the Committee on Legislative Department to go as far as they have gone, but I do say that the first paragraph in section thirty-four, ** It shall be the duty of the Legislature to provide by general laws for the organization of city, town, and county governments," is comprehensive enough to take in the whole scope of the duties of the committee on that suLject; I therefore think that this matter had better be deferred — this section thirty-four — until the report of the committee on the subject is taken up tor consideration, and if there is anything in section thirty-four which the Convention would prefer to that which is contained in the report of the committee on that subject it can be adopted. I suggest, therefore, that section thirty-four be not considered by the Convention at the present time. BBICABKS OF MB. BABBOUB. Mb. BARBOUR. Mr. Chairman: I hope that the motion to strike out will prevail. So far as relates to the sections which have been stricken out are concerned, it will be noticed that under the arrange* inents of subjects in the old Constitution these matters in reference to corporations, backing, eto., came under the head of the legislative department, and they were properly enough considered by the Commit- tee on licgislative Department; but I think the Committee on Legisla- tive Department trenched upon the ground of the Committee on City, County, and Township Organizations. That committee has presented a very full report, and it seems to me that the proper time to consider this subject will be when that report comes up. I hope the motion will prevail. BBMABKS OF MB. TSBBT. Mb. TERRY. Mr. Chairman: It has occurred in the introduction and reference of the propositions which have been submitted to the Con- 103 vention, that the same subject-matter has been referred to more than one committee. In some of the propositipns — I think the proposition of Mr. Laine — the whole subject of^ legislative department was referred to the Committee on Legislative Department. Some of them referred to corporations; some of them referred to municipal and other indebted- ness ; some of them to the power of municipalities. As they were referred to the committee the members of the committee thought it was their duty to report upon them, without any intention of trenching upon the ground of any other committee. Thev simply report to the Convention their ideas upon the subjects referred to them by the Convention. I have no objection to defering this section thirtpr-four until the report of the Committee on City, County, and Township Organizations is teken up, but I do object to having it stricken out, because I think it is more full and explicit, and throws more safeguards around the interests of municipalities and counties than the section reported by the Committee on City, County, and Township Organizations. We provide here a rule under which a city, county, or town may borrow money; that it must be for some single object; and we provide for a sinking fund. I think the section should be adopted by the Convention. I do not care whether it is adopted while we are considering the report of the Committee on Legislative Department, or whether it is adopted when we consider the report of the Committee on City, County ,»and Township Organizations. I oppose the motion to strike it out, but have no objection to the motion of Mr. Hager to postpone it. Mb. SCHELL. I believe that Mr. Hager did not make the motion, but if he will make it as an amendment to my motion, I will accept it« Mb. hager. Mr. Chairman: I have no objection, as I steted, to having any recommendation of the Committee on Legislative Depart- ment considered in connection with this report when it is taken up. I think, as a matter of respect to the committee, that it should not be stricken out, but deferred. I have no objection to that. I move as an amendment to the motion, that instead of striking out the section we defer action upon it until the report of the Committee on City, County, and Township Organizations is taken up for consideration. Mb. SCHELL. I accept the amendment. Mb. hager. The Committee of the Whole will report that they have deferred action upon this section thirty-four until the report of the other committee is teken up. Mb. LEWIS. Is not the section passed; is it not passed by the Chairman ? Thb chairman. Section thirty-four is now before the committee. Mb. lewis. It seems to me that the section had better be passed, and then let it Uke its chances. Mb. SCHELL. I withdraw the motion. Mb. SMITH, of Fourth District. I would suggest that it would be in order to move bjb an amendment to withdraw this section from the report and consider it in connection with the report of the Committee on City, County, and Township Organizatious. It seems to me that it is out of place in this article. It seems to me that system and order would require that this be placed in the article on city, county, and township organizations. Mb. hager. Mr. Chairman : I presume that the proper motion would be that the committee report to the Convention that they have deferred action on section thirty-four, and recommend that it be recon- sidered in connection with the report of the Committee on City, County, and Townshfp Organizations. Tnat will be the report of the Committee of the Whole to the Convention, and the Convention will so determine. Mb. SMITH, of Fourth District. That would not withdraw it from this article. Mb. brown. Mr. Chairman : It appears to me, sir, that this Com- mittee of the Whole has rather resolved itself into a Committee of Revision and Adjustment. Now, when there is anything before this body from one committee, and it is correct in principle, although it may be supposed that there is something from another committee that covers the same ground, I do not think it fair in this body to propose to stete that that ground is entirely covered, and for us to teke action upon it. I am convinced that when anything >comes from a committee that it is our duty to act upon it, and afterw^xis if it covers the ground that the report of another committee has covered, the Committee on Revision and Adjustment will regulate it. But I am convinced that we cannot do it properly in the Committee of the Whole. It may be that the Committee on City, County, and Township Oceanizations has something equally as good as this, and it may be better, but it tekes up more time to investigate and talk over the matter, than it would to discuss the section and dispose of it. I would be in favor of going through with this report. Mb. McCONNELL. Mr. Chairman : I move the previous question. The chairman. This Committee of the Whole is bound to go through with the whole report. We can postpone it temporarilv. The only other way that it can be got at is by rising and recommending the Convention to refer it. Mb. belcher. Mr. Chairman : I move that the section be stricken out. When the other report comes up it can be amended by inserting this section if the committee so desire. There is no necessity of acting upon it here, because it can be acted upon then although it be stricken out here. Mb. terry. Can it be offered in connection with any other report? Thk chairman. Undoubtedly it can. Mb. hager. If we strike the section out it will come up for con- sideration in full Convention just the same as now. I think the best way would be to strike it out. The chairman. The question is on the motion to strike out sec- tion thirty-four. The motion prevailed. Thk chairman. The Secretary will rend section thirty-five. DEBATES AND PROCEEDINGS Thb secretary read : - "Sec. 3&. In all elections by the L«g[slaturo tbe membera thereof atinll vote viva voce, and the vot«3 shall be entered on the Journal." Thr CHMBMAX. There beiDK no amendment to section thirty-five, the Secretary will read section tbirty-six. Thk SECRETARY read: Sue. 36. The ^aeral approprialion bill sliall contain no item or items of appropriation other than such as are required to ptiy the salaries of the 8lat« officers, the expenses of the government and of the instituliona under the exclusive control and management of the State. Mr. STEDMAIf. Mr. Chairman: 1 send up an amendment. Th« SECBETAHY read: "Amend b/ adding 'and such aid as may be granted to privBl« insti- tutions conducted for the support and maiDteaauee of orphans, half orphans, abandoned children, or aged persons in indigent circum- Mk. STEDMAN. Mr. Chairmnii: The reason I ofTer that amend- ment is in order that there may be no conflict between this section and section twenty-two, which prgvidcs that money can be drawn from tho treasury for the snpport of these orphans; and, Mr. Chairman, I want to give tho Legislature the power in this section to place it in the general apprnpriattan bill, where it shonld.be. Mr. BEERSTECHER. ^ covers tho whole ground. It portion of the Constitution shall interfere wi section allowing the appropriation to orphans. It is sutfctently compre- Mr. STEDMAN. Mr. Ctrairman: I consulted with Mr. Wilson, and Mr. Wilson thought that it did not provide for it. In fact, he originated that amendment, and 1 promised him to ofTer it in his absence, and if Mr. EDGERTON. Mr. Chairman: There is no conflict between this section as it now stands, and the amendment adopted the other day to section twenty-two. This section is limited expressly to the general appropriation bill, and it is generally understood that that bill should be confined to appropriations to the State government; but as it now stands, there is no conflict at all. So far as Mr. Wilson is concerned, he called my attention to it, and upon that suggestion he said that ha thought the section should stand. Mb. STEDMAN. He wrote that amendment himself. Mr. McFARLAND. Mr.Chainnan: I would like to ask the gentle- man from Sacran)enlo, if this section was adopted, if it would not be an entire limitation against passing any appropriation at all except for the expenses of the govern mentT Mb. EDGERTON. Not a " what is liniiled to the general appropriatic eral appropriation bill," controls the wholt ation hjll embraces appropriations for vari the orphans, clc. Alt these appropriations should be s]iecial appropriations, and ought not to be combined with the appropriations for the State govcmincut. .hat phrase, "gen- The last appropri. iharitabla purposes — foi Mb. west. Mr. Chairman : The member from Sacramento has very correctly stated the nature of the general appropriation bill. It is a bill which should appropriate money for the institutions of the State fixed by law. The eprcial appropriation bills include those items that are not definitely fixed, and there is a large number which are not definitely fixed, and they are usually reported in all legislative bodies in a difiercnt bill. It would be entirely improper im this consideration : that the amouu t, or the other institution. Therefore they special appropriation bill. Ma. EDGERTON. Mr. Chairman : I call the attention of the author of Ihio amendment to tbe fact that the section limits tbe appropriations in the general appropriation bill to the salnries of the Stale officers, the cx|>enteen found in ever; session of the Legislature that I have been a member of, that some person will want an appropriation for this charity, and another for another charity, and they combine and clog legislation in rvference for the appropriations for purely governmental purposes. This section, as it now stands, is eminently proper, and would prohibit such B]>cciai oppropriations as were conleraplaled by the amendment that was adoplal the other day being put in the general appropriation bill. I think the lettion should stand as it is. Mb. IIILBORN. Mr. Chairr r fiills. In s< IS to me that it i r the s> in amendment which does away wil mn from Sacramento has pointed oi to loatl down the general appropriation bill with various IS not connected with tbe expenses of Slate government, bu :ccl!ent provision embmced in section sixteen, that the Go time of signing a bill may object to any of the items, ai ialion so objected to shall not Uke efTcct unless passed o' Governor's veto. That removes that objection, and mokes this section, it se«me to me, absolutely unnecessary. It makes no odds, whether tbe appropriations are in one appropriation bill, or whether they are iu special appropriation bills, for if the Governor does not approve of any special appropriation he can strike it out. Under the former rule they could group their appropriations and get them into the general appro- priation bill which was passed uear the close of the session, and the Governor had to sign it or else have a special senion of tho Legislature. If that condition of affairs was continued, it would be proper that this section thirty-six should be in the Constitution, but since the Governor has tbe right to strike out any particular item of the appropriation, I cannot see any reason for putting this section thirty-six in the Con- be left to the Gov preclude him from having tl ■ -■ ■ill,by< nine this oue; power. This It should not on. This section will uts a limit upon* the Mb. BARRY. Mr. Chairman: I hope this amendment will be adopted. While it might be true, as the gentleman from Sacramento, Mr. Edgerton, intimates that it is already sufRcientlj covered by section twenty-two, and that this is somewhat in the nature of special appro- priations, that is, the objects (o be attained by the amendment to sectioti twenty-two which the committee very wisely and properly adopted, vrt 1 think, in oidcr to make assurance doubly sure, it would be welf to adopt this amendment. I believe that the committee, lAien they odoplod the amendment to section twenty-two, were of the opinion that ?>ecial appropriation should be granted to these charitable institutions, hat being the case, I presume tbey are still of the same opinion, and if tbey ara to make this matter safe and to provide that these appropri- ations may bo considered to bo included in the general appA>i»ialion bills of the Legislature, then it would be well to adopt this amendment. In constitution making we cannot have matters too clear. It ought to be BO clear that there would be no question about it whatever. It should be so in law making of any kind. That has been the great trouble with the Legislature in many cases. The laws were tno ambiguous ami it was rather difficult to ascertain what the law makers intended by a certain section of a law. If we adopt this it removes ail douhL Mr. TINNIN. Mr. Chairman : The object evidently of the oommit- pay of Stale officers is a matter that cannot be avoided. There must be money appropriated to run the State government. Now, when that bill comes up in the Legislature these institutions that are demanding aid from the Slate come forward, through their friends in the Legisla- ture, and ask for appropriations in the general appropriation bill. One institution wants one sum, and another another, and so on, and they et their friends in the Legislature to demand that these appropriations included, or tbey will fail to appropriate anything for the sustensnco of the State government. It is only necessary for me to call attention to the last moments of the last Legislature. The appropriations were all tacked on to the general appropriation bill, and those who were in control said lo the Legislature: " You must vote this enormoxis appro- priation or we will not let you have anything to run the Stale Govern- ment." And the Legislature was for a number of hours placed in that ridiculous predicament that they were compelied lo obaerve the will of the lobby or call an extra session of the LegisUture. I say this sec- tion should be allowed to stand. Mb. IIILIJORN. Would not that be entirely cured by section nine- teen, lines fourteen and SRecnT Ml. TINNIN. I propose that the appropriation lo pay the salaries of Stale officers and the expenses of State government shall stand alone. This body has voted to pay a certain amount to the orphans. Suppose they come here and tack their appropriations on to the general appro- priation bill, and compel the Legislature lo pay them or call an extra .e aectioi 1 stand 01 Mb. IIAGEB. Mr, Chairman: I hope the section will remain exactly OS it is, and I will briefly stale my reasons. Sow, the section, as drawn, relates exclusively to the general appropriation hill; not Iu apecial e general appropriation lull. It sa' '""■ shall contain no item or items o^ , , , . . required lo pay the salaries of the Slate ofBcers, the expenses of the government, and of the iustitulions under the exclusive control and management of the Stale." Now, thai is the general appropriation bill ) it must be acted upon and passed by itseir. It should not be cumbered up with extraneous matter that would delay its passage urilil the lait Biomeata of the session. This prialion bill. " :r to veto certain items in a oiii applies to a specia: appropnatmu LB well SB to the general appropriation bill. The vice is not because ■thing improper may get into an appropriation bill and that the Governor may not veto it— that is not the trouble, but, as has been said, there is a contest in the Legislature in regard to the appropriation bill by loading il down with improper appropriations and endangering the whole bill. I have been compelled, sometimes, to vote for the general appropriation bill when I have disapproved of a great many of the it • .. ...... _. -ridor'thistr ■■ ' ■■■ - "" in it. By this section n is trouble at once. The general r-*- Dec. 23, 1878. OF THE CONSTITUTIONAL CONVENTION. 819 y > appropriation bill is presented, providing for all the necessary expenses of the State, and then let all special appropriation bills come up.after- wards, or at any time, on their merits, and the members may vote for it or against it, and then the Governor may veto it if he chooses. Now, look at appropriation bills of the Congress of the United States. More bad measures have been gotten through Congress in that way than in any other; whv, they even admit a State into the Union in a general appro- priation bill. The admission of the State of California was under the gen- eral appropriation bill, and the bill delayed the progress of that session of Congress until the time for adjournment had passed by several hours — that was in eighteen hundced and forty-nine — just because it came in in an improper place. The purpose is that the appropriation bill here should stand by itself, and contain onlj appropriations for the expenses of the State government. Suppose this section was not adopted, or this amend- ment should prevail, some one would come to the Legislature and ask for an appropriation for a canal for draining lands here, and another for a canal there, and by combinations they get it into the general appro- priation bill — you are compelled to vote against the whole measure or else you have got to vote for it with these provisions in it. Now, if there is any merit in a proposition let it stand by itself, on its own merits, and not come up in the general appropriation bill. I hope that this amendment will oe voted down, not for the purpose of depriving the orphan asylums of appropriations, if the Legislature see nt to make them, but that they may stand upon their merits in a special appropri- ation bill, and that they should not come up in the general appropriation bill that relates only to the expenses of the State government. RXlfARKS OF MR. TKRRY. Mr. terry. Mr. Chairman : The reason for the adoption of this section aAt stands has been given by the gentleman from Sacramento, and the gentleman from Trinity. Now, if the amendment proposed is adopted it places it in the power of a combination in the Legislature to prevent the passage of the general appropriation bill, unless they can have whatever provision they please, no matter how extravagant, for the supp6rt of the orphans, half orphans, abandoned children, and aged persons in indigent circumstances. That is just what we desire to avoid. The gentleman from Solano refers to section sixteen. Section sixteen offers no remedv at all. The theory of our Constitution is that the leg- islative power IS reposed in the Senate and Assembly. If the Legisla- ture, not wishing to defeat an appropriation bill, would include in it a larger amount of subsidies than they ought to give for the support of these institutions, the Grovernor may disapprove it, says the gentleman. But the Governor may not disapprove it. We are, in that -case, having the will of the Governor and a certain faction of the Legislature, who have forced the Legislature into the adoption of their measures against the express will of the majority of the Legislature. Now, there is no sort of difficulty in the Legislature providing by law. for the support of orphans, half orphans, abandoned children, and aged persons in indigent circumstances, in a law by itself, which will stand upon its own bottom, and rest upon its own merit. That is all that anybody ought to require. The general appropriation bill ought always to be confined simply to the necessary expenses of ruuning the government, and the support of the institutions which are exclusively under the management of the State. In that way there is nobody interested in making them more or less than they should be. There is nobodv interested in adding on to an appropriation, or in detracting from it, because the salaries are pro- vided by Jaw, and the expenses are ascertained before the appropriation bill is paraed. To be sure, a great many of the objections to the present mode of conducting legislation, have been done away with by the clause prohibiting special legislation ; but that does not do away with the whole evil. We will have, as we know, strong outside influence brought upon the Legislature for the purpose of increasing the amount of these appro- priations. They started out with twenty-five dollars and thirty dollars; they then got up to fifty dollars, and seventy-five dollars, and now it is seventy-five dollars and one hundred dollars; and they may come to the Legislature and ask two hundred dollars and three hundred dollars. If thev ask it and are entitled to it, if they show any reason why they should have it, then the Legislature can give it to them ; but we do not want it in their power to come forward and say, your general appropri- ation bill shall not pass unless you will appropriate two hundred dollars apiece for half orphans, and three hundred dollars apiece for orphans. Let them get their appropriation in a bill bv itself. The bill can pro- vide for aid in the support of orphans cared for in these institutions, and let the general appropriation bill perform only its legitimate object, that is, carryinj^ on the running expenses of the government, and paying the salaries of its officers. RKMARKS OF MR. ROLFE. Mr. ROLFE. Mr. Chairman : Gentlemen are in favor of this amend- ment because they think it will be a benefit to the orphans. Now, I am just as stronglv in favor of allowing the Legislature to appropriate money to aid in the support of orphans as any gentleman on tiiis floor. I would be the last man to do anvthing which would prohibit that. But gentlemen who are in favor of adopting this amendment, seem to forget that it cuts both ways. Now, as has been illustrated here, there might be a small faction that could compel the Legislature to attach on to the general appropriation bill an exorbitant amount for the support of orphans. That is so; but while they could do that, they could, on the other hand, compel a majority of the Legislature to only allow the orphans a very insignificant amount before they would allow the gen- eral appropriation bill to go through. Therefore, I am in favor of let- ting tne general appropriation bill stand on its own merits, and the orphan appropriation oill stand upon its own merits. And, as for making this doubly sure, I think we have already made it sure enough. I am in favor of it, but why reiterate it here? Why, if it is sure, what is the use of making it doubly sure? Mr. HOWARD. I move the previous question. The main question was ordered. Thr CHAIRMAN. The question is on the adoption of the amend- ment offered by the gentleman from San Francisco, Mr. Stedman. The amendment was rejected. Th» CHAIRMAN. The Secretary will read section thirty-seven. GRANTS TO RELIGIOUS SOCIETIES. The secretary read: Sec. 37. Neither the Legislature, nor any county, city knd county, township, school district, or other municipal corporation, shall ever make an appropriation, or pay from any public fund whatever, or grant anything to or in aid of any religious sect, church, creed, or sectarian purpose, or help to support or sus^in any school, college, universitv, nospital, or other institution controlled by any religious creed, church, or sectarian denomination whatever; nor shall any grant or donation of peraonal property or real estate ever be made by the State, or any city, city and county, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever. Mr. stedman. Mr. Chairman: I send up an amendment. The secretary read : " Insert in section thirty-seven, line seven, after the word * whatever,' as follows: * Except as otherwise provided in this Constitution.' '* Mr. freeman. I send up an amendment The secretary read : "Amend section thirty-seven, by adding thereto: 'Nothing in this seotion contained shall prohibit the granting of aid by the State to insti- tutions or associations for the maintenance of orphans, half orphans, abandoned children, or indigent persons, although such institutions or associations be under the control ofsome religious sector association.' " Mr. stedman. Mr. Chairman : I have no objection to that except that it is not concise enough. I think that the amendment I have offered covers it. We have provided in section twenty-two that the Legislature shall have power to appropriate money to these various institutions. My amendment to this section is to add: "Except as otherwise provided in this Constitution," that is, in section twenty-two. I think that covers it amply. Mr. EDGERTON. I would ask the gentleman if that is not Mr. Wilson's amendment. Mr. stedman. That don't make any difference. Mr. EDGERTON. Well, perhaps it might make a good deal of difference. Mr. stedman. The committee have the power to vote it down. REMARKS OF MR. FREEMAN. Mr. freeman. Mr. Chairman : I doubt whether the amendment proposed by the gentleman from San Francisco is sufficiently specific. We have one section, it is true, section twenty-two, which authorizes aid to be granted to orphan asylums. Now, we have here another section, which prohibits any aid being granted to any institution under the control of a church. Now, it seems to me that these two sections stand- ing together would simply mean that we might grant aid to orphan asylums, provided they were not under the control of any church or sect. It seems to me, therefore, that my amendment, or one more explicit than that offered by the gentleman from San Francisco, is neces- sary to harmonize these two sections, and show what the two together mean. REMARKS OF MR. EDGERTON. Mr. EDGERTON. Mr. Chairman : I call the attention of the authors of both those amendments to the language of the amendment adopted to section twenty-two. It seems to me, in view of that, that no amend- ment is necessary. It reads: "Provided, that notwithstanding any- thing contained in this or any other section of this Constitution, the Legislature shall have the power to grant aid to institutions conducted for the support and maintenance of minor orphans, or half orphans, or abandoned children, or aged persons in indigent circumstances." There is no necessity for either of these amendments. There is an explicit provision that, notwithstanding anything contained in any section of this Constitution, the Legislature shall have that power. REMARKS OF MR. HOWARD. Mr. HOWARD. Mr. Chairman : I hope that the amendment of the gentleman from Sacramento will not be adopted. The effect of it is to authorize grants of money and donations to any religious society that can manage to connect itself with an asylum. I am opposed to that. If the authors of the American revolution achieved anything, or one thing more particularly than another, it was the separation of church and State. Now, sir, I am opposed to all measures by which any connection between church and State can be run in. What is the effect of it? Sup- pose a Buddhist church establish itself, as has been threatened, in San Francisco? It is a religious sect. Suppose it connects itself with the support of orphans? Then the Legislature can grant to it donations of money, and m that way uphold the sect; and so with every other sect. Suppose that the Chinese — as they will do if they are permitted to continue commg here, and get the right of suffrage — connect their Joss houses with the support oforphans, or charities of some other character? Then the Legislature may make an appropriation to support a Joss house. It seems to me that we are running wild on this subject. We ought to take care that we do not infringe upon the principles of the American Government, and that is by the State not to support any churoh or any religious creed. In what we have done the other day, we have gone far enough, God knows, and let us stop there. It seems to me that the proposition that you will support a church because it connects itself with some charity, is perfectly monstrous, and this Convention ought to set its face against it. DEBATES AND PROCEEDINGS aid of, That KCtion, in tonaection with tli> Mk. TINNIN. Mr. Chairman : I think this subject hai be«n fully iUuminated. 1 move tbe previous quealion. The main qu«stinu vas ordered. Thk CHAIRMAX. The queatian ia on tbe adoptioD of the amc meat offered by the gentleman from San Francitoa, Mr. Stedman. The amendment was rejected. Till CHAIRMAN. Tlie queetion ia oQ the adoption of the anic ment olTered bj the genlleman from Sacrnmenio, Mr. Freeman. The amendment waa rejected. Thk chairman. The Seoretarjr will read section thirty-eight. Tbi 8ECBETAHY read: Btc. 38. The Legislature ah all have no power to eive or to lend, or (a authorise the giving or lending of the credit of the State, or of enj oouDty, city and county, city, township, or other political corporation or Bubdiviiton of the State now existing, or that may hereafter be eatab- liabed, in aid of or to any peraon, aaeociation, or coqiorati municipal or otherwise, or to pledge the credit thereof, in whatever, for the payment of the liabilities of any individual, atuociatton, municipat or other corporation whatever; nnr ahal! it hare power t make any grant, or authorize the making of any grant of any publi raouey or thing of value to any individuaT, municipal or other oorport tioD whateverj and tt shall not have jwwer to authorite the Slate, or any political subdivision thereof, to subecrihs for alock, or to become a stock- nolder in any corporation whatever. Ma, SCHELL. I move to strike out the section. I do so for tbi! reason, that in the article on eorpomtiona which has already been adopted, is this lection : "Sec. 13. The State shall not subBcribe to or bo inter- eated in the stock of, or in any manner loan ita credit to any persoD. company, nssnciati on, or corporation." The Committee on City, County, and Township Organiiatione have reported a section which reads aa follows : "Sec. II. The Legislature ahall have no power to impose taxes upon counties, cities, towns, or other public or municipal corporations, or upon the inhabitanta or property thereof, for county, city, town, or other inuDieij«l purposes, but may, by general laws, veat in the corporate authoriliea thereof the power toasaess and collect taxes for such pur Section twsnly-one of the same report reads; "Src. !I. No county, city, town, or other public or municipal oorpo ration, by a vole of its citizens or otherwise, ahall become a subscribe to the aipital Block, or a atockboldw in any corporation, association, o ^pany, or make any appropriation or donation, or loan its credi of, any person, corporation, association, cumpany, or insti >ii already adopted by thi of this section completely, and therefore I think it is proper to strike i -"', and for the further reaaon that the suhject- tions. So far aa the State m article on corporations. Ma. BARfiOUB. I second tl ' Mb. TERRY. Mr. rhairmaD: lean find no place more appropriate for limiting the power of tbe Legislature than in tbe article on legisla- tive department. I can lind no committee who can more properly report B limitation upoik the power of the Legislature than the oommillee -' - have in charge that portion of the Constitution. Now this seclio reported, is simply a hmilatina upon the power of the Legislature; that the Legislature ahall not authorize the State, or any county in the Stale, to do certain things. It comes peculiarly within tbe province of that committee, and was reported b); that committee. So far as this section iif Committee on Corporations is concerned, 1 will say that when that section thirteen woa read I did offer this section aa a lubetitute for it. It was anernard recommitted to the committee, and t think that it belonged lo the Committee on Legislative Departnient. It does not cover Ihe provisions of this section, and if it did there is no reaaon why thia should be stricken out. This reads; " The Legislature shall have no power to give or to lend, or to author- ize the givmg or lending, of the credit of the Stale, or of any county, city and county, city, township, or other political corporation or sub- division of the Stale now existing, or that may be hereafter ealabliahed, in aid of or to any person, association, or corporation, whether muni- cipal or otherwise, or to. pledge the credit thereof, in any manner what- ever, for the payment of the liabilities of any individual, aasociatinn, muiiicijal, or other corporation whatever; nor ahall it have power lo make any grant, or authorize the making of any grant, of any public money or thing of value to any individual, muuiciiial, or other corpo- ration whatever; and it ahall not have power lo authorize the Stale, or any political subdivisioD thereof, to subscribe for alock, or to become a' stockholder in any corporation whatever." It is a limitation upon the power of the Legislature; and where can it be more properly put than in the article on tiie legislative depart- ment. If the section is a good one, this ia the time to adopt it, and (his ia the place where it ought to be puL Mr. BELCHER. Mr. Chairman : It seems to me that if Ihia pro- viaion is lo be found in the Constitution at all, it should be found here. The question might arise when we are considering the power of niuni- cipalities. as to whether they might be permitted to subacribe far stock in any corporation, but it belongs to the power of the Legislature; because whatever a municipality does in the way of subscribing for stock, it doea only under the aulhoriialion of the Legislature. It seems to me tliut this section ought to remain here, and when the other sec- MB. LARKIN. Mr. Chairman ; 1 believe it was the gei. standing that if this section was adopled when we came t report, that we should strike out the section in the article liona when it was taken up again. It was conceded by a la lo each municipal subdivision in the SUte, ab that there ah doubt, and not be embodied in four or Qve difTeqint sections it should be passed as it is. If 1 understand this matter it ii belonge in the article on legislative department. I Corporations limita what the State may do i loaning its credit to corporations, but this section goes forth) vides what the Stale may not do, not merely in aid of corpo in aid of city, county, township, and other political organiia in favor of individuals. Now, if we should strike this sei very important portion of this provision would not appear a this (>>iistilution. It seema to me that there are proviaiona tion that are not contained in any other section. Tbi chairman. The question is on the motion of the from Sloni"' — "" "-■■-" -- -■- Them I, Mr. &chell,toetrikeoi these . SMITH, of Fourth District. Mr. Chairman : I s amendment. Thk secretary read : "Insert in line eleven, after the word 'State,' the woids county, city and countv, or other political corporation.' " Ma. TERRY. Is that any more comprehensive than "or cal subdivision thereof?" Thk CHAIRMAN. The Chair heara no second. Ma. STEDMAN. I second it. Ma. SMITH, of Fourth District. Under the deciaiona of tl Court, AS I under^land them, that doea not mean anything, 1 subdivisions of the State heretofore have been allowed locon subscribe to tbe stock of railroad Gompnniea. I do not see wl be left out here, when it is in the first part of the section. Ma. HAGER. Mr. Chairman : I would like lo offer an i to the first line, and make it conform to the report of the Co Citv, Countv, and Township Oreaniiations. "Thi SECRETARY read: "Amend section thirty-eight, line one, by inserting, «(le ' power," the words ' by a vote of the electors or otherwise.' " Ma. H ACER, The object is The CHAIRMAN. 'Hie gentleman's amendment ia noi There is another amendment pending. The vote will be tal firat. Ma. SMITH, of Fourth District. Mr. Chairman: If thert ticulor reason for this I will withdraw the amendment, reaaon why they should not be included in the latter j Thi CHAIRMAN. The queatiuD is on the adoption of t ment offered by the gentleman from Kern, Mr. Smith. The amendment was rejected. Mb. HACER. Mr. Chairman: This provides that the shall have no power lo give or to lend, or to authorize thi lending of the credit of the State,orof any county, city and c township, or other political corporation or subdivision; but lature might authorize a county or city by a vote of the pe aelvca to do this thing. Ma. GREGG. In the sixth line it ii provided for. It sa; Ma. LEWIS. Does not the word "authorise" in the i Ml. EAGER. Perhaps it ia strong enough; I do not kc section ia atrong enough. I will withdraw my amendment. Me. BARTkiN. I move that the committee rise, report pi word ' any,' the words ' t J anv nol Mr. HERRINGTON. amendment ia becnuse we all understand how easy it is, whei makes up ita mind that a political subdivision of a StalJe mig not with propriety be extended lo a municipality, or ral municipality waaa kind of political subdiviaion of 'a county could ao decide. I think it will make it a little more eipli. municipalities are carved out of counties, and are really Buh a subdivision ; and as long as that courae has been prel throughout the Constitution, I think it not inadvisable to word, ao as to make it definite and certain, in consequence made use of tbe word in another provision of the ConstituI was really intended that they should not be conatrued as a poli Ma. HITCHCOCK. I ni e the previous question. Dec. 23, 1878. OF THE CONSTITUTIONAL CONVENTION. 821 ^1 The chairman. The question ia on the adoption of the amend- ment. Thk chairman. The Secretary will read section thirty-nine. The SECRETARY read : Sec. 39. The Legislature shall have no power to grant, or authorize any county or municipal authority to grant, any extra compensation or allowance to any public officer, agent, servant, or contractor, after ser- vice has been rendered, or a contract has been entered into and per- formed, in whole or in part, nor to pay, or to authorize the payment of any claim hereafter created against the State, or any county or municipality of the State, under any agreement or contract made with- out express authority of law; and all such unauthorized agreements or contracts shall be null and void. Mr. BARRY. Mr. Chairman : I move that the committee rise, report progress, and ask leave to sit again. Carried. IN CONVENTION. The PRESIDENT. Gentlemen: The Committee of the Whole have instructed me to report that they have had under consideration the report of the Committee on Legislative Department, have made progress, and ask leave to sit again. NOTICE. Mb. SHOEMAKER. Mr. Chairman : I send up a notice. The secretary read : I hereby glre notice that I will move to amend Standing Rule Number Fifty-three, by striking therefrom the urnrda following, to wit: ^ Two hundred and fifty copies of the file for each day shall be printed.** Laid over for oile day. The hour having arrived, the Convention took the usual recess until two o'clock p. M. AFTERNOON SESSION. The Convention reassembled at two o'clock p. u. President Hoge in the chair. Roll called and a quorum present. Mr. terry. Mr. President: I move that the Convention now resolve itself into Committee of the Whole, the President in the chair, for the purpose of further considering the report of the Committee on Legislative Department. Mb. STEDMAN. I second the motion. Ms. VACQUEREL. Mr. President: I rise to a Question of privilege. I want to explain in reference to a resolution publisned in various news- papers libeling me. The CHAIRMAN: The gentleman will have leave. QUBSTIOK OF PRIVILEGE. Mr. VACQUEREL. Mr. President: I regret to have to rise before this honorable body for a question of privilege, but, sir, when a few men try to dirty my name» try to stain my honor, I would be a coward and a man unworthy of the esteem of any one if I did not reply. When I eeo men who, for the sake of ambitious purposes, want to stain what I hold dearer than life, I declare that I will not be immolated as a lamb. This question, I want it well understood, is not one of party; the party is free from any of those acts, and I am glad to state it ,* it is a personal affair — it is only a question of supremacy of a few men over a few others. But, Mr. President and gentlemen of the Convention, if the men that have been the cause of such shameful proceeding have lost all sense of justice, I am determined to explain mvself if the earth itself was to give way beneath my feet, and I should nght it on this line if it took all my life. I hold, sir, -a letter which has been sent to me, and I wish the Secretary would read it. The secretary read as follows : Sbnatb Chambeb, December 21, 1878. A. Yacqubbbi., Esq.: Dear Sir: In accordance with a resolution passed at a . meeting of the (>>nstitutionaI Club, held Thursday evening, December twentieth, fightean hundred aud seyenty-eight, you are requested to attend a meeting of said dob to be held this erening at room flfty-nlne, State Capitol, and show* cause, if any, why you acted contrary to the wishes of said club in relation to the election of a repreaentatire to fill the vacancy occasioned by the death of B. V. Kenny. Respectfully, JAMES N. BARTON, President. J. L. Flyxn, Secretary. Mr. HOWARD. I rise to a point of order, air; that, under the authorities, this is not a fl[ue8tion of privilege. I read from the Law and Practice of Legislative Assemblies, by Cushing, section fifteen hundred and three : " It has accordingly been decided, in that amembly, that the following subjects, among others, may be entertained therein as matters of privi- lege— that is to say, questions relating to the right of members and dele- gates to be qualified— including, of course, their credentials — namely : members who are duly returned, but were not present at the organisa- tion of the house,* members entitled to seats by the determination of a controverted election, and members returned to fill vacancies; questions affecting the right of members to their seats, whether existing in the shape of charges contained in a petition, or in resolutions reported by the Committee on Elections, or otherwise, and pending in tiie house; questions relating to the character or conduct of members — as, for exam- ple, resolutions to censure or expel a member ; the right of a member to defend himself against the charge in a petition lying on the table; the report of a select committee for investigating certain charges against a member; a complaint of one member against another for a supposed insult in the house, for words used by the former in debate; and m con- sidering and returning the letter of a public officer containing injurious reflections upon a member for words used by him in debate; questions relating to the conduct of persons in the employment of the house — as, for example, a resolution to dismiss one of its printers for charging a member with falsehood, or to expel a reporter from the house for giving a false and scandalous account of a debate; questions relating to the general or aggregate privileges of the house— as, for example, the remon- strance of a foreign diplomatic agent, to one of the heads of departments, on the passing of a certain bill of Congress; a common report that mem- bers haa been threatened by a mob; resolution for correctmg the Journal when it is not made up according to the facts, and the correction relates to some matter then pending Mfore the house; ^ false account, in a public newspaper, of what took place in the house on a certain occasion ; a report, lying on the table, concerning a personal conflict between two members; whether the Journal of the house has been printed, by its direction, according to the requisitions of the (k)nstitution ; the report of a committee, chargmg a witness before them with contumacy ; questions relating to an impeachment, and to the report of a committee appointed to investi^te the conduct of the Secretary of the Treasury in reference to a certam matter." The chair. The Chair entertains no doubt in the world that the case presented here is not only a breach of the privilege of the member, but also a gross breach of the privileges of the Convention itself. The point of oi^er is overruled. Mr. VACQUEREL. Now, gentlemen, have I been recognized as a delegate on this floor, according to section five of an Act to provide for a Convention to frame a new Constitution for the State of California? If I am a delegate, as such I am entitled to the same privileges as any other. Now section six says : ** For any speech or debate in the Con- vention the delegate shall not be questionea in any other place." And further, ** The Convention shall have the power to punish as a con- tempt," etc. (Section five.) I ask you, gentlemen, if that letter is not m direct opposition with the Act that created this Convention, and if it is not a control or influence over me as a delegate and over my vote ? Now, Mr. President, I want to refer to malicious reports published in diflerent papers. And paragraph three of section six says that the Convention shall have power to punish as a contempt any malicious report of the conduct of a member in his delegate capacity. A resolution has been published in almost all papers : '* Whxrbas, On the sixteenth instant, this Club, by its unanimous vote, agreed to nominate and support Hon. J. R. Sharpstein for dele- gate to fill a vacancy in consequence of the death of Hon. B. F. Kenny ; and whereas, P. T. DowNngdid, on the eighteenth instant, conspire with enemies of the Workiugmen's party to place in nomination a candidate in opposition to said candidate of said Club, the said Dowling being himself present and participating without objection to said nommation; therefore, " BeJiolved, That P. T. Dowling be and is hereby expelled from this club and his name be stricken from the roll. " Vaoquerel was also expelled for the same reason, except that he was not present and did not participate in the nomination of Snarpstein." Now, gentlemen, I am punished for a crime that I have not commit- ted. I am expelled because I was not present in the club, and because I did not participate in the nomination of Mr. Sharpstein. But it appears that I have conspired with the enemies of the Workingmen's party. Why? Because some gentlemen elected on the Non-partisan ticket voted for Mr. Kenny. Why, I ask, in the name of God, how, and by what means, did my opponents expect to name Mr. Sharpstein ? Was it not with the aid of the votes of the Non-partisans? And am I a con- spirator and they are not? I let you judge, gentlemen. Mb. REYNOLDS. Mr. President: I rise to a point of order. The gentleman in speaking to his question of privilege, as I understand it, complains that his rights have oeen infringed upon under the law which provides that for any speech or debate in the Convention the delegate shall not be questioned m any other place. He has read a resolution calling him to question and expelling nim from a voluntary association, which states distinctly that it was not for any speech or debate, and he himself states thaK it was on account of a vote cast and after the vote was cast. Thk president. The gentleman cannot argue the question. Mr. REYNOLDS. No. The gentleman does not wish to argue it, but wishes, if possible, to state the point raised. Now, the section of the statute which he read does not say that he shall not be called in question for any vote. Now, the point I wish to make is, that he is pretending to have been influenced in casting a vote that was already cast and passed into the record. He has been called to question concerning what had already taken place, and, therefore, could not have been influe^bed. Thi president. The gentleman's point of order is not well taken. The gentleman from San Francisco, Mr. Vacquerel, will proceed. Mr. VACQUEREL. But, Mr. President, I do not want to argue my cause with the help of the law that created this Convention, as perhaps those men, having not created that law, do not care about its right, although when Saturday night comes they find the law to be a very good one. I will only take the platform, and constitution, and resolutions of the party which I am accused to have betrayed, and will explain and prove my reasons for voting for Mr. Kenny, as I have stated in my answer; I will not read it, it will be superfluous, and here it says : '^Resolved, First — That we recognize the Constitution of the United States of America as the great charter of our liberties and the paramount law of the land." Therefore, if we do recognize the Constitution of the United States, I, as a citizen, claim my equal right. Further : ''And, whereas, our Courts have been corrupted, the equal rights of the people violated until the administration of justice has become a mockerv and a farce." As Mr. Sharpstein — and I wish you well to understand that I do not say any- thing against the gentleman ; I do not know him, I never spoke to him — but this is the question : As Mr. Sharpstein has been a Judge, and administrator of justice, I thought, having no exception made in his favor, that he belonged to the whole crowd, and, to not make any mis- take, I kept him there. Further it says : ** Resolved, That all candidates for election to any office in the gift of the Workingmen'a party of Cali- 822 DEBATES AND PROCEEDINGS Monday, fomia must be selected from the ranks of the clubs, trade unions, societies, and associations, and that the names of such candidates must be found on the rolls of such clubs, trade uuions, societies, and associ- ations." Havine been a member of the Charter Oak Hall Convention, I know very wefi the gentleman came in just for the nomination, and was not a member of any club ; if he is since I cannot say. But further, I will come to the pledge I have taken : ** That I will discourage all office seeking." Then, as I took a pledge to not enoouraee office seeking I thought that a man beaten by the people, beaten by this Convention, bringing or authorizing his name to be brought up agftin to try to defeat others who never sought for the position, was an office seeker, and if it is not office seeking then I acknowledge that I am at a loss to know what office seeking means. But, irentlemen, section eight of the same platform says: "We repu- diate all spirit of communism." Do the authors of such resolutions and such proceedings against me know what communism means? Why, as French by birth, I can explain it to them. A Communist — not a com- munalist — is a man that wants liberty, fortune, land, privileges, and so forth, all to himself; providing that his neighbor shall have none of the same, no matter how he may need it. The maxim is: All for me — nothing for others; and I hope the Convention will judge if I am a Communist; because I claim for myself the same rights as I claim for others — which rights are denied to me. I ask you, gentlemen, if I have ever departed an inch from m v oath ? On the nineteenth of June last^ the day of the election, was there any specification on the ticket that some of the candidates were to be speakers, others to manage the cat-o'- nine-tails, and I nominated to be whipped? No, we were all equal; same rights, no more nor less power one than another; and still, to-day some take the power to force me to vote, to gag me, and to try to stain me, but I will not submit to it. But why all this trouble because I have voted for an honest working- man, a man that has done for the party more than a good many of his antagonists have done? Has it not been declared in this hall that wo did not want any "old fossil," and because I vote for a young man I am treated worse than any criminal. Explain what you want, gentlemen. I try to do according to your own words, and you are not pleased. Really I cannot understand such inconsistency. Now, that is not the question. To serve your own purpose you want to destroy a man that acts right — a man that dares say to your face, " The Workingmen's party has no worse enemies than some of you." You might not do it pur- posely, but you do it independently, of your own free will. Why, you deny mv right to vote. What would you have said on election day if you had been forced to vote for a Non-partisan, or Republican, or Demo- crat? Would you not have rebellea? And still you find it extra- ordinary that I protest. But why did you not take the same steps toward other delegates who voted for Mr. Kenny ? Why do you attack only Mr. Dowling and I? Why, I will tell you. Because you dare not do it, knowing that these men would act as manly as I do, if not more. Do vou for an instant suppose, gentlemen of this Convention, that I, who have abandoned frienas, position, family* because I could not live under a despotic government — I, who came into this land of the free, where one can breathe freely, thank God, where the sun shines for everybody, should have come to be a slave? Why, Mr. President, have I fallen so low as that? No, thank God; the blood that circulates in my body is not the blood that will submit to slavery. Such resolutions as the one adopted — not unanimously, I am glad to say, for I know the best intel- ligences took my side; I know them, and I thank them — such resolu- tions, I say, I treat with the contempt it deserves; and I declare it in the face or all, and wish to God that my voice could be heard all over the State of California — nay, over the whole Union — that the meanness of such resolutions or slurs shall never, never attain the height of my dis- dain and contempt for its authors. I have now but a very few more words to say. Last Friday night I happened to go to the office of a newspaper in this city — the Record- Union. I did not know that I was doing any harm. I really had no such intention ; but several gentlemen came to me and said it looked sus- picious to go to the Record-Union and tiy to have anything published. Well, gentlemen, I went to the Record-Union, and I want to tell you why: to have an article inserted in that paper, which is entitled "A Countryman of Lafayette Speaks for the Flag," and if I did wrong in going and defending the flag that I have sworn to sustain you can blame me for dping it. I thank you yery much for your kind attention. Mr. DOWLING. Mr. President : I send up a resolution. Thk secretary read : WBKRXAa, Od the twentloih day of December, eighteen hundred and •eTenty^efght, the following named persons wore nominated for election to fill the vacancy in this Convention caused by the death of Honorable Bernard F. Kenny, of San Francisco, namely : John R. Sharpstein, John J. Kenny, one Lloyd, and Leotiard; and whereas, I cast my vote for the said John J. Kenny ; and whereas, on the twentieth day of Decerol>er, eighteen hundred and seventy-eight, I was citod to appear before the Workingmen*s Constitutional Club, assembled in room fifty- nine, State Capitol, Sacramento, to show cause why I should not be expelled from membership in said club for having cast my vote as above stated ; and whereas, at the time aforesaid I was a member of said club in good standing; and whereas, I refused to appear l>efore said club for the purpose of being questioned or punished for having cast my vote as above stated, the said club proceeded to expel me, and did expel me on Mid day fh)m said club, and cause my name to be stricken from the roll of said club, as a punishment for having voted in this Convention for the said John J. Kenny, and for the purpose of disgracing and degrading me in the eyes of the people of this State, and for the purpose of menacing and influencing ue, and compelling me in the future to cast my vote according to the wishes of the other member of said club, and in utter disregard of my privileges as a dele- gate in the Constitutional Convention of the SUte of California, and in contempt of the law and the dignity of this Convention ; and whereas, the said club is com- posed of the following named persons, who were present and who voted fur my expulsion from said club, and who anthoriKed the above citation to be served on me, namely: James N. Barton, President of said club; J. Klynn, Secretary; Clitus Barbour, C. J. Beervtecher, Barry, Bell, Condon, Cross, Davis, Dean, Farrell, Gorman, Grace, Harrison, Honington, Joyce, Morse, Nelson, Reynolds, Smith, Stedman, Swenson, Weill n, West, White, and Wyait ; be it therefore Sesdved^ That the above named persons, and each and every one of them, are guilty of a breach of my privilege as a member of this Convention, and of contempt of this honorable body ; and be it fiirther Rttclved^ That they be cited to appear before this Convention to answer therefor ; and be it further Re$olved^ That a committee be appointed by the President to investigate the charges above fully set forth, and report thereon. P. T. UOWLINO. December 21, 1878. Mr. CROSS. Mr. President: I wish to set myself right now. I wish to say that I never had anything to do with this matter. If I had I would stand up to what I did. I have not attended the meetings of the club, because I did not think I needed the counsels of anybody. My name appears in that list, and I wish to say now that I have not hacl anything to do with it. Mr. D£AN. I can say the same. SPIICH OP MR. DOWLINO. Mr. dowling. Mr. President: If the facts which I have stated in connection with the resolution just sent up to the Clerk's desk be true — and I invite investigation — it is (^uite clear to my mind that my privi- lege as a delegate to this Convention has been violated^ and this honor- able body treated with contempt, by the parties named in the resolution. The law denies the right to any person or association of persons to ques- tion a member of this Convention about anything which he may say or do on this floor. Yet this so called Constitutional Club has not only asserted this right, in defiance of the law, to question me for the way in which I cast my vote in the matter of filling the vacancy occasioned by the death of Honorable B. F. Kenny, but have assumed the ri^ht to punish and disgrace me. Considerable ill feeling has been created m the premises, owing to the part I have acted. Unfortunately, however, my real intentions have been dwarfed, contorted, and misconstrued. I have been accused of conspiracy, of treachery, to break up our organization, and create dissensions in the ranks of the representatives of the Work- ingmen. And what for? Because I considered I was right — for exer- cismg my own cool, calm, and deliberate judgment; and certainly I was right. I can die for my principles, but I cannot afford to expire twice for a man. I do not like to see the organization to which I belong made an instrument by which political aspirants can rise themselves into prominence and power; or, in other words, I don't like to see Working- men made steppmg-stones of any longer. As I belong to the Working- men's party, I certainly want to see workingmen nommated to fill posi- tions for which they are capable. Why, sir, I can take a data and swing it at leisure and lasso as many men from among the common people, with the same amount of intelligence, as this Convention possesses ;^ and still, when an office is to be ^11m, we must have a lawyer to come for- ward. I have nothing against lawyers, in their particular sphere, at all, but our great misfortune is that they form th'e aristocracy m a democr racy. I^ Tocqueville says that if he were asked where would he place the aristocracy of America, he would place it on the bench and at the bar. The great curse of our common oountir to-day is that the govern- ment is in the hands of the non-producing classes, and taken away from the source to which it properly belongs — from the hands of the great industrial masses of the community. Who is Judge Sharpstein? I don't know anything about his antece- dents prior to the time I tendered him the nomination to be a candidate on our ticket at lar^e for a delegate to this Constitutional Convention. He never appeared in the movement until the party was built up, and then he only figured as a candidate for office. Sul>sequently, however, he gained considerable notoriety, and lately he has been looked upon as a sage, a martyr for the cause. I saw in the election of Sharpstein omi- nous signs for the Workingmen's party; indeed, the |^me was made, and every time that I can kickat a ring, I certainly will. ** I saw it all in fancy*! glass — Herself the fair, the wild magician — Who bade each splendid day dream pass, And named each gliding apparition.** If 81\|krpstein wants to be a benefactor to the people, he must not bite every time that an office is held out to him. Although Sharpstein was brought into the movement for a purpose, he nor nobody else must think that they can use it for a purpose. I do not care if he were the greatest man in the world, I could not conscientiously vote for him, under the circumstances. Local representation is the great nrinolple of democracy. It is nearer and dearer to me than all, and still for having adhered to this para- mount principle I am disgraced in the eyes of my constituency, held up to mockery, and pointed at with the finger of scorn. This principle was admitted on this floor on more than one occasion. It was admitted in filling the vacant chair of the late lamented ex-Governor H. H. Haight, from Alameda ; it was admitted in filling the seats made vacant by the two deceased members from Merced and Mariposa; but was it admitted when the vacancy occasioned by the resignation of Mr. Morris? No. The electors of the Sixth Ward in San Francisco were not consulted; but in that case it can be overlooked, from the fact that that ward had but a half organization. However, Mr. Sharpstein was nominated, and I sustained him; but he was defeated. One defeat is enough for any man to sustain on this floor. On this occasion considerable animosity was manifested, and the private and public character of the man assailed on every side. In the present instance it is, however, different— the chair made vacant by the death of Mr. Kenny. The ward which he represented has an organiza- tion, and according to well established principles, every ward in San Francisco has a right to nominate its own representative, taken direct from the ward clubs; and Judge Sharpstein did not either belong to that club or reside in the ward at all. And for daring to give this ward a representation in this honorable body, I am denounced in the most embittered terms. This is my crime, and this is the reason I am hauled TS* Dec. 23, 1878. OF THE CONSTITUTIONAL CONVENTION. 823 over the coals — for daring to come out boldly and sqnarelv against one of the most popular men, in the estimation of some of the San Fran- cisco delegation ; for daring to vote against a caucus nominee ; for daring to do as my head and heart dictated. If that is a crime, they can make the most of it. My obligation to the caucus ceased the day previous, when the whole matter was postponed. But, sir, in my estimation, a caucus is a fraud, a slimy treacherous traitor, and a stain upon Ameri- can politics. I abhor a caucus, I repudiate a caucus, as inimical to every well regulated government, and as a libel on the principles and platform of the young organization to which I belong. It is a star chamber in the broadest sense of the term. I never joined the Workingmen's organ- ization to go into secret conclave at all. We do all our business open and aboveboard, in the free ^ir, under the sacred dome of heaven. I did not know what a cancus was until I came to Sacramento. I learned what it was in this Capitol, and I find out that it is a nice contrivance for a few men to swin^; the party lash, and make deaf mutes out of honest and intelligent Workmgmen. Of course, the poor Workingmen are not statesmen ; they are not able talkers, but they are, I think, honest and sincere. Kow, sir, I claim it is my privilege to vote fairly and squarely, in accord and in harmony with tne dictates of my own conscience, on all and every proposition, and the law strictly defines that right and privi- lege; therefore, I submit these resolutions for your consideration. RRUARKS OP MR. BARBOUR. Mr. BARBOUR. Mr. President: I did not intend to pay any atten- tion to this airing of the dirty linen of this Convention. I believe, sir, that by the resolution there, I am accused of a breach of the high privi- lege of a member of this body. I deny the jurisdiction of this Convention over me and my associates in the matter of who shall associate with us and who shall not, and that is all there is of it. I will not pretend to discuss the question here as to the discipline of a party, or anything of that sort; but I will simply remind this Convention that we — myself and my a^ociates here — are the judges of whether we will associate with men who break their word and betray their honor. I care nothing about these resolutions. It was never heard of, and it was never dreamed 6f, that the action of political assemblies, which were organized by Republicans, by Democrats, by Whigs, or what not in Congress, or in the State Legislature, or anywhere else, should be called in question, or that a Convention would undertake to determine who should associate with them, and who should not. Sir, it is monstrous, and I deny the authority of this Convention to determine that matter. What can you do with these men ? Can you send them back-in to the club? Can you restore them to their standing there? Why, sir, we are the judges of that matter. You propose to go into an investigation of what a political club, or caucus, or whatever you call it, has done. Was ever such a thing heard of before? [To Mr. Dowling.] There is one place for you lb go, sir, and that is back to your constituents iu San Francisco, ana do not come complaining and whining to your enemies. [Applause.] Mr. dowling. I can go back to my constituents when I have made my pledges good. Mr. BARBOUR. You made pledges that you would answer to your constituenta, and to no one else, and now you are whining and complain- ing here in this Convention. Mr. DOWLING. No ; when I Thi CHAIRMAN. The gentleman from San Francisco will take his seat. Mr. BARBOUR. That is all I wanted to say. Mr. HILBORN. I have a report from a Committee on Mileage and Thb chairman. It is not in order. The question is on the adop- tion of the resolution. Mr. BARBOUR. I call for the ayes and noes. Mr. HITCHCOCK. I move that it be indefinitely postponed. Mr. AYERS. I second the motion. RRMARKS of MR. QBACK. Mr. grace. Mr. Chairman : As my name is in that list I want to say a word. I would rather that this resolution would not He on the table or be indefinitely postponed. I would like to see the, thing come right square up. I do not speak in defiance. I consider that that gen- tleman violated the rules of that club. They violated their pledge ; they violated their platform ; and both the gentlemen were in Charter Oak Hall when they unanimously adopted the Hibernian resolu- tion which excluded them from voting for or nominating any man that was an officer of a Ward Club; and as I am credibly inK)rmed Mr. Kenny was Secretary of a Ward Club. He was ineligible for our votes, while Mr. Sharpstem was not. The gentleman sat in the club and indorsed the nomination of Mr. Sharpstein, or at least did not oppose it; and I claim that no man can go back on that and be a gentleman. RIMARKS OF MR. CROSS. Mr. cross. Mr. Chairman : It seemis to me, sir, that nothing can more impede our progress iu this Convention than anything which is calculated to engender ill feeling among the members. Now, sir, if these resolutions are taken up and voted on it will engender ill feeling. From this time on our work, instead of bein^ considered carefully hi the interest of the State, will be more or less tmged with the ill feeling which will be created by this resolution. It seems to me that no benefit can grow out of a vote on this resolution. It seems to me that it will be in the interest of this house that nothing should be done to stir up any further ill feeling, and, therefore, I hope that the motion of the gen- tleman from San Joaquin will prevail, and that this matter will be indefinitely postponed. The president. The question is on the motion of the gentleman from San Joaquin. RBMARKS OF MR. WTATT. Mr. WYATT. Mr. President: As I seem to figure at the tail end of this farce, it is probably necessary that I should figure as one of the cul- Erits pleading before the people of the State of California, and what I ave to say is this: that in so far as I had anything personal against Mr. Vacquerel or Mr. Dowling, it is as far from me as the east is from the west; but the delegates of this Convention, elected and known as the Workingmen's delegates of the State of California, have an organization here known as the Constitutional Club. That club is attended by the delegates, largely, of the Workingmen of this Convention, and it is attended for the purpose of consultation, and for the purpose of organ- ization, and for the purpose of ascertaining what our action will be upon a given question or point, and for the purpose of holding us level upon the principles upon which we were elected, sir, and for the purpose of maintaining them in the face of the great opposition or or the small opposition, and for the purpose of putting them forth and holding them up at any and all risks. These two gentlemen have been members of that club, and me, as a member of that club, thought that they had gone back on us in their action with reference to the nomination of Judge Sharpstein ; and I, as one member of that club, want no further association with them there. So far as that club was concerned, sir, and so far as I was authorized to speak for the club and for the Working- men's party of this State, I did vote to fire them out; and I will vote a thousand times in that direction if it is ever presented under similar circumstances. And if it is the will of this Convention ^hat I shall be fired out for doing these things, now is as good a time to fire me as you will ever get. I will stand the fire if I am fired on that. Ma. HOLMES. Believing that the Contention has no desire to figure in this at all, I move the previous question. Mr. REYNOLDS. As'my name is included in these The PRESIDENT. The previous question has been called for. Mr. holmes. I give way. REMARKS OF MR. RRDDT. Mr. REDDY. Mr. President: The charge has been made on this floor that the privileges of a member, or of two members, have been violated. Now, it is in the first instance, under the rules, the duty of the Chair to say whether there is a question of privilege involved in this charge or not; and I deem it to be the duty of this Convention, if the law has been violated, to maintain its dignity and honor and protect its members from the lash of any party. It is simply dodging the question to postpone this matter. If the privileges of these men have been vio- lated, let us stand up like men and investigate it. These men claim that they have not violated these privileges. Let that question be tried. ' This is not the way for men to act. Why, the members of this Conven- tion could be trampled upon every corner; they may be hooted at for the votes they may give in this Convention ; you may find members hooted as they pass in the streets if you do not stand up and protect yourselves and your dimity, and protect the dignity of this Convention. It is true that there is a large body of men here who are opposed to this proceeding. Why? because the proceeding is threatened against memoers of a secret society ; I do not say whether it is secret or public, but a society that liolds its members under certain by-laws ana rules peculiar to themselves. Again, we hear applause coming from the lobby. It seems to me there is a widespread sympathy between the gentlemen named and the lobby. There is a great sympathy between them. But I care not for the lobby ; I care not for the opinions of those men who would drive us from our duty. No man can deny that it is the duty, if the President should decide that there was a question of privilege involved here, of this Convention, to investigate it ; and if it is a simple matter of the right of one gentleman or set of gentlemen, to associate with another set, as claimed by the gentleman from San Francisco, Mr. Barbour, the Convention will so decide. But, as I understand, it does not involve any such proposition. These gentlemen, as I understand, voted, as they state, according to the dictat^ of their own consciences. Another set of men issued to them a notice, by authority of a certain club signed by the President of that club, demanding their attendance at a meetine to show cause to them and answer to them why they should not be expelled and punished for voting in a given way. Now, if the statute means anything, it means that an act of this kind shall not be permitted. We all understand the force of numbers. We know that forty or fifty men combined in this matter can* exercise a great influence. They can exercise a great influenee on this floor, and they propose to teke a member out or this body, single him out, make him bena before this forty or fifty, and there give an account of his action in this Con- vention. If that is the way this Convention is to be run, if it is to be run by forty or fifty men, by whipping and lashing their members into the traces, we might as well go home now, for the people will not adopt the ofispring of such a piece of slavery — will not adopt the offspring of slaves — for men are slaves who can be treated in this way. It is beneath the dignity and honor of this Convention to allow these members to be overhauled in this way. This action is in violation of the law of the Stete to-day. It is in violation of every principle of right. If any set of men in the world should be protected against influences of this kind, it is a body like this. I have heard these same gentlemen, on this floor, denounce men as corporation fuglers, as men belonging to the corpora- tions or influenced by cotporations. I do not care who did it; I am not telking about individuals, and I care nothing for these individuals I am speaking about now any more than I do for any member of this Coiiven- tion. I have respected theiti, though they are not particular friends. I have no reason for advocating their cause. I know it was an unpopular move to make, but I have not come here to seek popularity; I have come here to do my duty. I say there is a principle involved here ; one that we should not allow any man, or set of^ men, to trample upon ; and I, for one, dare and will defend this principle at all times and at all hazards. Now, it is for the Chair to say wiiether there is a question of 824 DEBATES AND PROCEEDINGS M0ND4.Y, Srivileffe involved here under rule thirty-nine, of this Convention, fow, shall we, by a motion to postpone this matter, dodge our duty and allow a man, or a set of men, to attempt to influence members of this Convention as to how they shall vote? It has been said, and I think it is a very small technicality, that the vote had already been taken, hence the action of this club could not influence the vote of the member. If a man knows he will be punished for an act, it certainly must have a great influence upon him one way or the other. We make laws to deter men from committing crime, and punish one for the purpose of deterring others from committing the same crime. It is generally supposed that that law has an influence to prevent the commission of an act. Then what is this notice given for? To make these men come before them and acknowledge their jurisdic- tion and then punish him* if he does not. Hh. BARBOUR. Did not your client belong to that organization. Mr. R£DDY. You have no right to call him my client. Mb. BARBOUR. Didn't you draw up these pai>ers? Mb. REDDY. Yes. *I did it because I thought nis privilege had been violated, and I would do it for any gentleman who asked my assistance under similar circumstances. Mr. grace. I would like to know if you was ever in a Democratic caucus ? Mb. REDDY. In the first place it is none your business, and in the second place I never was in a Democratic caucus, nor any other caucus, and I denounce a caucus, and the whole caucus business, whenever it attempts to control men who are sworn to do their duty. When men are not sworn let them do as they please. I know this is an unpopular move. Mr. west. Mr. President Mr. REDDY. Now, if you will allow me to to on you will have all the chance you want to reply, and perhaps if I nave a chance to reply to you, you will be sorry you availed yourself of the opportunity. Now, sir, they cite these gentlemen to appear. Mr. WEST. May I explain? Mr. REDDY. I presume that when you are called to the bar of the Convention vou will have an opportunity. Now, it is claimed that the vote was already cast, and that therefore they did not attempt to influence that particular vote. The law is broader than that. The law treats it as a breach of privilege and a contempt of the Convention to influence any^ member, in any way, or upon any measure pending in this Convention. Then what was the purpose? It was to punish this man. Why? In order that a like offense would not be committed again ; in order that the next time he would vote according to the wishes and dictates of that club. Because he did not do that they 'expelled him. Why ? In order to retain their influence over the bal- ance, just as the law punishes for an act. It desires to make an example of a part^ who commits a crime. So this club, in order to make an example, m order to deter others from doing the same thing, expels these men. If they keep on upon this principle we may not have a quorum. However, that is aside. Then this was done for the purpose of influ- encing the action of members. Was it not calling them to account for an act done on this floor? There can be no question about that, it seems to me ; and if so thcv are clearly within tne statute and should be dealt with according to the judgment of this Convention. Now, if a charge of this kind was preierrM against a corporation, or against some one who was supposed to be in sympathy with the Non-partisan side; if they had been called to an account, would not the gentleman who are resisting this measure now, be only too glad to pounce upon them, and have them dealt with according to law. The very thing that they have denounced, putting men under improper influences, they seem to exercise themselves through a party organization. Now, I simply demand that the Chair, first, in accordance with the rule, will declare this a question of privilege, which I know the Chair will do. That being done I hope the Convention will investigate, and if there is guilt punish the guilty parties. REMARKS OF MR. RETNOLDS. Mr. REYNOLDS. Mr. President: Trusting to an opportunity to get the floor, I did not interrupt the gentleman from San Francisco, Mr. Dowling, to ask him what I now ask. While speaking to his question of privilege, or his resolutions, he did not inform us which, he denounced the caucus — repudiated the caucus. I ask him now, since when does he repudiate the caucus? Since when does he denounce the caucus? Was it since last Monday evening, when he participated in the nomination of Judge Sharpstein in the caucus? Was it only since he entered into a conspiracy to defy and defeat the will of a caucus in which he partici- pated without raising his voice against it? Thb PRESIDENT. The gentleman is out of order with such remarks. It is'a question with the conscience of the member. Mr. REYNOLDS. The President need not be so tender of the gen- tleman's conscience. I ask him if it was since Mr. DOWLINO. I will answer the gentleman. The caucus was a job ever since it commenced ; it was a humbug. [Laughter.] Mr. REYNOLDS. That is the |;entleman's opinion. I thank him for that answer, and if the caucus, if the club, as he says, has been a humbug, I ask him what sort of man is he who has been an active mem- ber of it from the beginning? What sort of man is he who has partici- pated in almost every meeting of that humbug blub, in its action down to the very nomination of the gentleman against whom he entered into the cdnspiracy to defeat > [Applause and laughter.] Yes, sir, since when did he discover' the club was a fraud? * I will answer. Sir, it is since the time when he entered into the conspiracy with a eentleman who acknowledged on this floor that when two men were candidates for the same office, he signed the recommendation of one and spent his money to elect the other. Yes, sir, it was since then that he discovered the caucus and the club to be a humbug and denounced it. They are fit associates. Thoy ought to be proud of each other. And now, to show what a shallow pretense all this privileged ques- tion business is, I ask the Secretary to read a few lines from the where- ases to the pending resolutions. The secretary read : Wherbar, On the twentieth day of December, eighteen hundred and MTentx-eigfatf I was cited to appear before the Workingmen'ii Constitntional Club, assembled in room fifty-nine, State Capitol, Sacramento, to show cause why I should not be expelled from membership in said club, for having cast my Tote as above stated ; and whoroas. at the time aforesaid, I was a member of said club in food standing; and whereas, I refused to appear l»efore said club for the purpose of being ques- tioned or punished for having cast my vote as above stated, the said club pro- ceeded to expel me, and did expel me on said day from said club, and caused my name to be stricken from the roll of said club, as a punishment for having voted in this connection for said John J. Kenny. Mr. REYNOLDS. I denounce those recitals as untrue, as deliberate falsehoods, and the gentleman who ofiers this resolution knows it, and now I will prove it. For that purpose I will ask the Secretary to read the following preamble to the resolution expelling Dowling and Vac- querel, passed by the club. Thk secretary read : Whebbas, On the sixteenth instant, this club, by its unanimous vote, agreed to nominate and support Hon. J. R. Sharpistein for delegate to fill the vacancy caused by the death of Hon. B. F. Kenny ; and, whereas, P. T. Dowling did, on the six> teenth instant, conspire witli the enemies of the W. P. C. to place in nomination a candidate in opposinon to said candidate of this club, the said Dowling being him- self present and participating without objection to said nomination ; therefore, be it resolved, etc. Mr. REYNOLDS. Now, Mr. President, there is the preamble to the resolution of expulsion : the record of the action of the club. It gives the lie to the assertion that these gentlemen have been called to account for the votes Xhey cast, but distinctly states that they were expelled from the club because, having participated in its action, they deliberately entered into a conspiracy to bring out another candidate in opposition. The gentlemen themselves know their preamble and resolutions to be fal&e. There is not a gentleman on this floor but knows they are false. They are but a shallow pretense got up to moke a case against the Work- ingmen's delegates in this Convention. This has been the aim of some gentlemen even from the beginning of the session until now, but they ave met with disappointments at all points, as they will now. It is a mere sham and trick, inspired by the vain hope to create dissension among the Workingmen, but it will fail. This Convention should be in better business. It should be attending to the duties imposed on it by law, and not prying into matters over which it has no authority. But, sir, I challenge you all, if you think there is any political capital to be made out of it, pass this resolution; raise a committee of investiga- tion; go into the examination; make the most of it, '*And damned be he who first cries hold, enough ! " Mr. HOWARD. I move to lav the resolution on the table. Mr. WEIST. Mr. President: 1 desire to say to the Convention, that inasmuch as ^rave charges have been made here against members of this Constitutional Convention, charges which are false in themselves, false in the beginning, and false in the ending, so far as it relates to any action of any member of this Convention, and my name having been falsely placed there — I care not whether Mr. Reddy wrote it or not — I ask this Convention to adopt the resolutions and have an investic;ation. Thb PRESIDENT. The question is on the motion to indefinitely postpone the resolution. Mr. REDDY. Mr. President: I object to the gentlemen voting who are charged in these resolutions. They have no right to vote. Under parliamentary rules they have no right to vote. The president. The gentleman's point of order is well taken. When a charge is made against a member he cannot vote upon it. Mr. REDDY. Mr. President: I ask that these members oe requested to withdraw, or keep their seat£. [Cries of "CaU the roll;" ''Call the roll."] Mr. AYERS. I demand the ayes and noes. The ayes and noes wee© demanded by Messrs. Freud, Howard, of Los Angeles, Keyes, and West, and the Secretary commenced calling the roll. Mr. B.iRBOUR. Mr. President: I claim my right to vote. The PRESIDENT. The member being charged in the resolution, cannot vote upon it. That is the universal parliamentary law. Mr. LARRIN. I would ask for the reading of the names. The PRESI DENT. Under universal parliamentary law, any member against whom a charge is made, cannot vote upon it. Mr. BARBOUR. I appeal from the decision of the Chair. Mr. CROSS. I was not going to vote upon it, but if you make it a party issue, why not let the Non-partisans settle it? Mr. HARRISON. Mr. President The PRESIDENT. No motion can be made. The roll is being called. Mr. HARRISON. My name is called there, and I want to explain the law. The president. No explanations can be made when the ayes and noes are being called. Mr. HARRISON. I hope I will be heard afterwards. Mr. BEERSTECHER. I object to the vote of Mr. Reddy. I do not believe a paid attorney can vote. Mr. BARBOUR. I appeal from the decision of the Chair. Mr. STEDMAN. I second the appeal. The PRESIDENT. No appeal can be entertained now. Mr. BARBOUR. Then I ask permission to place on record a protest. Mr. REYNOLDS. Mr. President : I understand The PRESIDENT. The gentleman will take his seat. He isoutof order. Proceed with the roll call. Mr. KENNY (when his name was called). Mr. President: I desire to be excused from voting, as I am an interested party. •Dec 23, 1878. OF THE CONSTITUTIONAL CONVENTION. Hb. BWEASEY (wh-,?- • k • 826 DEBATES AND PROCEEDINGS Monday, i- . i:'"- -. ♦ that the members of the Legislature shall be voted for with reference to that question. Mr. McCALLUM. Does the enfranchisement of the Chinese require an amendment to the Constitution or the naturalization laws? Mr. terry. Well, it might require an amendment to the Constitu- tion, or at least it could be done by an amendment. Mr. McCALLUM. Does it not depend upon the naturalization laws? Mr. terry. It does now, but it might be done by a provision in the Constitution. They might extend the provision to everybody in the country. But there are other questions which might arise. Under the naturalization laws, as they now stand, the Chinese may be pre- vented from voting, not being native citizens of the United States; but there may other questions come up, and it is proposed here in this sec- tion that upon any question involving a change in the organic law of the confederation or Union, that the people should speak through their ballot box; that they should elect the men who are to pass upon it after the amendment is proposed, in order that the will of the people may be expressed. Mr. McCALLUM. Suppose the present session of Congress should propose an amendment to the Constitution of the United States with reference to the counting of the electoral vote. Mr. terry. It would be published a long time before the members of the next California Legislature are elected, and therefore would not cut any figure. Mr. McCALLUM. Published how? Mr. terry. If it was printed in any new^per in the land it would be published within tne meaning of the section. Mr. ESTEE. That is the objection. Mr. terry. It does not say published by the authority of Congress, or published by the authority of the State, or published by any authority. Mr. ESTEE. What I wish to call the attention of the gentleman to is this: that the Courts have held that where a law prescribes publica- tion it means publication according to law, and therefore, merely pub- lication in a newspaper or in the proceedings.of Congress would not be a publication. Mr. terry. Where the law prescribes a particular mode of publi- cation, that is true, but where simple publication is required any publi- cation will answer. This section says: " The Legislature shall not ratify any amendment to the Constitution of the United States which may be proposed by Congress, except such as shall have been proposed and pub- lished'at least thirty days next preceding the general election for mem- bers of the Legislature, ratifying such amendment." It must h*ave been known. The people must know that such an amendment is to be voted upon by the Legislature, at least thirty days before the general election, so that the people mav understand that that is one of the duties which that Legislature to be elected will be called upon to per- form. I can see no great hardship in it. I can see no purpose in being in a tremendous hurry about such an important matter. The Legisla- tures of the different States meet at different times. They meet bien- nally,some on the odd numbered years and some on the even numbered years, and they could not ratify an amendment in any one year. I do not believe that three fourths of the Legislatures of the dif^rent States meet in one year, so that there is no necessity for being in a hurry about it, and in a matter so important as this the people ougjit to have an opportunity to select men whose views upon that particular question would be known to the people before they were voted for. Mr. McCALLUM. Don't you think there is a necessity for a hurry in making that plain which is said now to be doubtful as to the count- ing of the electoral vote? Don't you think that ought to be done before the next Presidential election ? Mr. terry. I think that can be done by an Act of Congress. Mr. McCALLUM. It is in the Constitution. Mr. terry. I think this Constitution sufficiently plain on that already ; but if this present Congress should pass the law which the gentleman speaks of it will be published more than thirty days, and more than six months before the next general election in this State for members of the Legislature. I think it is an important provision. Perhaps, if the Legislature should disregard this provision of^ the Con- stitution, no question could be raised as to the validity of their action if it was proclaimed by the Secretary of State at Washington that an amendment had been ratified by three fourths of the States. I do not know of any means by which you could go behind that return and dis- prove the fact which it purported to certify. Mr. EDGERTON. I would like to ask a Question. Is there any doubt but that section forty contemplates an official publication under the authority of law ? Mr. terry. I do not understand it so. Mr. EDGERTON. I should suppose that there was no doubt about it. It would be held to be an ofncial publication under authority of law. I was going to ask if he is to rely upon the publications that occur in the press that an amendment is proposed by two thirds of both houses, with the discussion that has there occurred, or if it was an amendment proposed by a Convention which was called for that pur- pose, whether it is not altogether probable that there would be such a discussion of it that it would be known to every elector in the country. Mr. TERRY. Certainly. Mr. EDGERTON. Then why the provision for thirty days' publica- tion in the State. It seems to me as it stands it is altogether too indefi- ^ate to be of practical value. Mr. TERRY. The object is to have the people know just what the amendment is before they elect the men who are to cast their votes. Mr. EDGERTON. Suppose that the ratification of an amendment depended upon the vote of California alone, and then thev turn to this provision which requires a thirtv-day publication, but which does not say what kind of a publication, now, in what papers, where or when. It is left altogether radefinite. It seems to me that it ought to be clearly defined if it is to be put in the Constitution at all, or else omitted alto- gether. I do not see any necessity for it. Mr. terry. If it is printed in a newspaper it is known. If it is printed in the statutes, it it is printed in the proceedings of Congress, that is a publication. But if tne gentleman wants to make it more clear — if he wants to suggest any amendment — I have no objection. It is clear enough to my mind now. I think the provision is an important one and should be retained in the Constitution. I think that any pub- lication will answer the exigencies of that section. Mr. EDGERTON. Mr. Chairman : I think it would be a useless pro- vision. I think if the people of this State got notice of an amendment, twenty -nine days or twenty-eight days prior to the election, that there would be ample notice to the legislature. Mr. HOWARD. I move to amend by inserting, after the word " pub- lished," in line thrw, the words " as directed by the Governor." Mr. TERRY. I move to amend by striking out the words "and published." Mr. HOWARD. I accept that as an amendment. There is no doubt that in the absence of an Act of Congress, this fortieth section is valid and ought to be adopted. Mr. BLACKMEK. I send up a written amendment to strike out those two words, "and published.' *i REMARKS OP MR. CAPLKS. Mr. CAPLES. Mr. Chairman : I desire, injustice to the committee, to correct a mistake made by the gentleman from Alameda in re^rd to the original form in which this proposition was brought before this com- mittee. I recollect myself, distinctly, that it was brought almost exactly in its present form, but the gentleman from Alameda understood it to mean that the ratification should be by the people on a popular vote ; but we readily made him understand that he was mistaken in that interpretation of the proposition, and he did understand it, and he is now thinking of the original idea as he understood it when first brought before the committee. I do this, Mr. Chairman, in justice to the com- mittee, for I am prepared to assert that, in my judgment, there was no member of that committee so stupid or ignorant as to have made such a proposition, because they must all have known that the Constitution of the United States provided that the ratification should be by the Legis- lature. Now, Mr. Chairman, in regard to the principle involved in this con- test. What is it? We all agree that unaer the provisions of the Con- stitution of the United States, the alteration, modification, or adoption of new sections to the Constitution must be proposed by Congress and ratified by the Legislatures. There is certainly no difference of opinion in regard to that. The real question at issue here is, are the people, in their primary capacity, to take primary action before the Legislature? Now, Mr. Chairman, if I understand the theory of the American system of government, it is based upon the fundamental principle that all sov- ereign power and authority is inherent in the people, and the formation of organic law is the highest, and the most solemn and important duty of that supreme power. Where is that supreme power? Is it your Legislature? Certainly not. The Legislature is but the creature of that supreme power — the people. The Legislature exercises certain specific and well defined powers, limited by the Constitution — the State Consti- tution, and the Constitution of the United States; but in the formation of an organic law of the nation, surely they are not the sovereign, para- mount, original authority, because, as I remarked, that sovereign, para- mount authority is inherent, not in the Legislature, but in the people; therefore I hold, Mr. Chairman, that this solemn act of the formation of fundamental law must be primarily acted upon by that original, para- mount authority — the people. How shall we accomplish tnis result? We will say, for instance, that here is a Legislature in session, and an amendment to the Constitution of the United States is proposed while it is in session, and it is called upon to ratify, and is, in case that the^ carry it, then ratified. Now, I ask you, Mr. Chairman, and I submit it to the candor of all intelligent men, whether the original, paramount, sovereign authority of the people has ever been consulted, i say it has not So far from having been consulted, the measure has been pro- posed subsequently to the time that the Legislature was eleded. The sovereigns knew nothing of it at the time that this Legislature was elected. Now, how can they have acted ? How can there have been any rightful action of the sovereign in this State ; because, as I remarked, the Legislature is not the sovereign ; it is but the servant of the people; the agent of the people, exercising certain well defined, limited, and circumscribed powers. This question, which is raised in regard to publication, it seems to me, with all due deference to the gen- tleman, is but a quibble; and inasmuch as the Chairman of the com- mittee has proposed to strike out the words . " and published," that certainly removes all objections, and it does seem to me that if ^ntle- men are prepared to stand up and defend that fundamental principle upon which all ^vemments are founded in this country, to wit : that the sovereign, original, paramount, and supreme power is in the people, that they can have no earthly objection to this proposition of submitting the question to the sovereigns and then to those who are to carry out their will. No proposition could be plainer, because, if we take the converse of the proposition and assume that the Legislature, the creatures and servants of the people, elected without any reference to this pro- posed amendment, can exercise this highest, this most solemn, this most fundamental function of government, why, then, it seems to me that we are ignoring, setting aside, and repudiating that fundamental prin- ciple upon which all American governments are substantially founded. Thr chairman. The question is on the adoption of the amend- ment to strike out the words " and published." The amendment was adopted. The chairman. The question recurs on the motion to strike oat section forty. 5 Dec. 23, 1878. OF THE CONSTITUTIONAL CONVENTION. 827 The motion prevailed on a division by a vote of 47 ayes to 39 noes. Thb chairman. The Secretary will read section forty-one. CONTKSTKD ELECTIONS. The secretary read : Skc. 41. In case of a contested election in either branch of the Leg- islature, only the claimant decided entitled to the seat shall receive from the State per diem compensation, or mileage. Mr. HOWARD. Mr. Chairman: I move to strike out section forty- one. It is contrary to the general parliamentary usage. I have n<#er known a contest in the United States House oi Representatives where per diem and mileage were not allowed to a contesting member. It would often operate injuriously, for the reason that it might deprive a county or a constituency of the services of a man really elected and really entitled to his seat, because he might not be able at his own expense to prosecute the contest. At all events, it is safer to leave it to the Legislature to determine whether, and under what circumstanceSj he should be allowed mileage and per diem. Mr. barton. I second the motion. . Mr. terry. Mr. Chairman : It seems to me that contests are rather encouraged by the fact that a man cannot lose anything anyhow. Ho comes here and stays to the full length of the session at the Capital, and he draws his per diem and mileage. Kow, in all other litigation the losing party pays the cost, and sometimes the costs of the other party too. I do not see why a man should receive pay unless he brings for- ward such a case as insures his success. Mr. HOWARD. I will ask my friend if the contestant does not repre- sent the people rather than himself? Is it not safer to leave it to the Legislature to say whether it is a frivolous contest or not? Mr. terry. Theoretically, the people are represented; practically, it is the man himself and not the people. I do not see why a man should be paid for making a, false claim. Mr. SCHELL. Would it not be necessary that the question of mile- ag;e should be deferred until the very last end of the session, because it mieht occur that the contests would not be decided until the very last end of the session. Mr. terry. Where would be the hardship of that? Then if be was entitled to the mileage he would get it. Let them have it at the end of the session. Mr. BARBOUR. Mr. Chairman : I hope the motion of the gentle- roan from Los Angeles will prevail. It seems to me that this is getting down to rather small busint^s; we have left many things to the Legisla- ture. Of course, if there is no merit in the contest there should be no allowance. If there is merit in it, the allowance should be made, because the prosecction is ready in behalf of the people, and the people might be defeated of their actual will by reason of the candidate not being able to prosecute the contest at his own expense. Therefore I do not see the necessity of descending to particulars of that kind. ^ Mb. terry. In a contest of any other kind a man pays his own expenses. In case of two men claiming to have been elected County Judge the people are just as much interested as they are in men claim- ing seats in the Legislature. Yet in all those cases the losing party gets nothing. Mr. SCHELL. You propose to make a man wait until the end of the session. That is a very exceptionable case. Mr. terry. The'law now provides that when a man's right to an office is contested, tflat he cannot get the salary until the case is decided. I can see no hardship in subjecting members of the Legislature to the same rule. After the matter is decided the man gets it in a lump. remarks of MR. BELCHER. Mr. belcher. Mr. Chairman: It seems to me this section can perform no good office. It is unquestionably true that men are some- times thrown out of legislative bodies when they have been in fact elected, after serving a considerable time. This has been true in Con- gress as we are told on many occasions, when soinebody.had a seat there, and the auestion arose as to the right of another party to that seat. Now, no longer ago than at the first meeting of the present Congress one Representative from this State, who had the certificate, ana it was decided by the Supreme Court of this State that ho was entitled to it, was thrown out by the present majority in Congress. Mr. HOWARD. I never knew a contested election to be determined on any other than party grounds. The party having the majority holds on to it. Mr. terry. If he was in the minority, he ought to have sense enough not to go there. Mr. belcher. The gentleman from Los Angeles says he has never known a contested election ease to be determined on any other than party grounds. Now, suppose a man is elected to Congress, and goes and serves two or three months, and then he is turned out for some reason or other, and then it is decided tht\t he shall have neither mileage nor per diem? The same principle is involved here. A man comes up from the southern part of the State with the certificate of a member of the Legislature. Upon the face of it he is entitled to a seat in the Senate or Assembly of the State. Suppose the question is raised as to his right to the seat; suppose after he has served a month, or two months — nearly to the end of tne session — it is determined by a majority of the house to which he is sent, for partisan purpose, as it mav be, that he is not enti- tled to that seat, and that his antagonist is. What Congress does, this State may do. What Congress has ^en doing during the whole history4 of our Government the Legislature may do, if it never has done it. Now, I say when a man has served in the Legislature as the party having the certificate of election, he ought to be paid for the time that he serves. Why should not the Legislature give him the pay to which he is entitled for the time he actually performed the duties of a legislator? Yet, if this amendment is adopted, nobody can have any per diem or mileage until it is finally determined. The man going away, poor perhaps, with his certificate, is finally turned out for the motives I have sug- gested, and told to go home without a cent in his pocket, though he was, in fact, entitled to his seat. There is no harm in leaving it as it has been. It is not a large amount for the State to lose. I think if you decide otherwise, by putting in this amendment, you deter a man who is poor from coming here if there be a contest about it. He cannot af&rd to come here and spend one month, or two months, waiting the determination of the Legislature, because if it is determined against him he will have nothing to pay his expenses with. I think, therefore, that this section should be stricken out. The CHAIRMAN. The question is on the motion of the gentleman from Los Angeles, Mr. Howard, to strike out section forty-one. The motion prevailed, on a division, by a vote of 61 ayes to 27 noes. The CHAIRMAN. The Secretary will read section forty-two. terms of officers. The secretary read : Sec. 42. In order that no inconvenience may result to the public service from the taking effect of this Constitution, no officer shall be suspended or superseded thereby until the election and qualification of the several officers provided for in this Constitution. Mr. terry. That properly belongs to the Committee on Schedule. There is no objection to striking it out. Mr. MORELAND. I move to strike it out. The motion prevailed. COXTROL OF corporations. Mr. McCALLUM. Mr. Chairman : I desire to offer an additional section on the same subject that was covered by section twenty-eight. I ask leave to read it myself, and then I will send it up to the Secretary. Insert as follows : • " Skc. 28. The Legislature shall provide by law for the regulation and limitation of rates of the charges by all corporations for furnishing water or gas aud for telegraphing; also, for freights and fares, except as other- wise provided in this Constitution; and where laws shall provide for the selection of any person or officer to regulate or limit any such charges, no such person or officer shall be selected by any corporation or by any officer or agent thereof, and no person shall be selected who is an officer or stockholder in any such corporatipn." I wish to call attention to the position in which this question stands. After having amended the section, a majority of the Committee of the Whole struck it out. I will state to the gentlemen that I have prepared the amendment very carefully to cover all those great corporations which, by common usage, are known as monopolies — the gas companies, the water companies, and the telegraph companies; and I refer to other companies not provided for except as otherwise provided in the Consti- tution, which, of course, refers to the action of the Committee of the Whole on the article concerning railroads exclusively. That committee did not see proper to provide U>r the regulation either by the Commis- sion or bv any mandatory provision upon the Legislature to provide for the regulation of charges m any case whatever, except solely railroad companies. Some language is used there about railroad companies aud other transportation commnies, but as I see that the Chairman is now present, and I understand him to explain, and I believe it is the under- standing of the Convention that although the general language is used, ''other transportation companies," railroad companies are meant; as the gentleman illustrated, such companies as the White Star Line and the Red Line — any particular company running trains on the bed o£ a railroad company proper, in the sense in which we usually use that phrase. Therefore, the Committee on Corporations made no provision whatever with reference to the regulation of the charges of any corpora- tion whatever, except railroad companies. Now, it is just as important, if this principle is right, that .there should be a mandatory provision requiring the Legislature, by a Commission or otherwise, to provide for the limitation and regulation of the charges of other great monopolies. Now, as to all the other corporations, that may be proper in a separate amendment. I submit to the Convention that as we have applied the principle to one monopjoly, consistency would seem to require that wo should carry out the principle in all. Mr. JOHNSON. Mr. Chairman: I desire to offer a substitute. With the leave of the Convention I will read it: " Sec. — . The Legislature shall pass laws for the regulation and limit- ation of the charges for services f)erformed and commodities furnished by telegraph, gas, and water corporations, and the charges by corpora- tions or individuals for storage, wharfage, and water, in which there is a public use; and where laws shall provide for the selection of any person or officer to regulate and limit such rates, no such person or officer shall be selected by any corporation or individual interested in the business to be regulated, and no person shall be selected who is an officer or stock- holder in any such corporation." Mr. l^OWARD. I second the amendment. REMARKS OF MR. HILBORN. Mr. HILBORN. Mr. Chairman: I am opposed to both the original section and the amendment. I believe the proper way to dispose of this whole thing is to place their regulation in the hands of the municipal authorities at the place where the works are located. It has alwavs been the law of this State. Of course the Legislature has always had ifower >to regulate the. rates of ^as and water, but it has been impracticable for the Legislature to exercise its power for this reason : it has been insisted that these laws should be uniform in their operation. They must be governed by general laws. Therefore when an effort was made to regu- late Spring Valley or the gas company in San Francisco, the rates which were^xed in that general bill were so low that they frightened the members from the country, because the rates that were in those bills ^J-'^'' ; ■ - -f- - - » - ^ -" . 828 DEBATES AND PROCEEDINGS Tuesday, were lower than gas or wafcer could be furnished in any of the other cities throughout the State. The consequence is, that the members from the country would combine and do that which those large monopolies desired, namely, beat any general bill. Now, there never will be any general bill passed in this State to fix the rates of gas and water, because if it is fixed as it should be for San Francisco, gas and water cannot be furnished at those rates in any of the country cities or villages of the State. Therefore I believe that it is best to leave these matters to the several cities and villages to regulate the rates of gas and water. Mb. McCALLUM. I will ask the gentleman if this does not require an Act of the Legislature? I agree with the gentleman that it should be left to the municipalities, but I inquire if it does not require an Act of the Legislature to get that through. My amendment does not interfere with the gentleman's views in the slightest degree. Mr. HILBORN. I think we had better put it into the Constitution that these municipalities shall have the power to regulate these things. Why not do it in that direct way? Thb secretary read Mr. Johnson's amendment. Mb. HOWARD. Mr. Chairman: I think that amendment is well drawn, and I hope it will be adopted. It meets a want. Mr. ESTEE. Mr. Chairman : I wish to say a word on this proposi- tion. It was understood by the Committee on Corporations that- the Committee on Legislative Department had alreadv handled this matter, and that section twenty-eight, as reported by them, would meet the issue. So far as I am concerned, I heartily indorse the amendment pro- posed by the gentleman from Sonoma, Mr. Johnson, because it leaves out the question as to freights and fares entirely. I do not think the amendment ofiTered by the gentleman from Alameda is necessary. I hope that the amendment to the amendment will be adopted. I sup- pose it makes no difference who offers an amendment, so long as we get what we desire. Mb. McCALLUM. The proposition of the gentleman from Sonoma includes individuals. The amendment I presented is simply with refer- ence to corporations, and only those corporations which are named. I did not insert that, because after the vote here in which a similar prop- osition was voted down, I did not propose to ask another vote on a proposition in that shape. That was substantially the proposition which the committee voted down this mornine. Mb. HOWARD. It applies to individuals only when there is a public use. Mb. McCALLUM. The gentleman had those words inserted this morning, and after the Convention inserted those words, then they struck out the whole section. That is the history of it. Mb. HOWARD. If we voted wrong then is there any reason why we should do it again ? Mb. McCALLUM. I have no objection to striking out that clause. The only reason I put it in there is because the Chairman of the Com- mittee on Corporations explained that they did not provide for any transportation companies whatever except railroad companies. Now, take the case of the Steam Navigation Company ; there is no provision according to the explanation of tne Chairman of the committee to reach the regulation of charges in that case. Mr. ESTEE. I do not recollect of ever saying that it does not reach any other than railroad companies. I did say that it reached these big transportation companies like the Star Line, and the White Line, etc., but I did not say that it did not reach others. Mb. McCALLUM. Do you understand that these Railroad Commis- sioners would have the right to regulate the rates of any transportation company whatever except a railroad company ? Mr. ESTEE. I am not speaking of the duties, I am speaking of the liabilities. Mr. HOWARD. It does give express power. Mr. ESTEE. I understand that the term railroad and other transpor- tation companies is a generic term and means all of them. Mr. McCALLUM. I admit that is a fair construction, but I do state that when the question arose it was stated by the Chairman of the com- mittee, and by a number of other gentlemen, that the meaning of that was, that it had reference to other railroad companies, and that if it was not sufficiently clear the word railroad would be inserted there. I will ask now to amend my proposition by striking out that last clause in reference to transportation companies. Strike out ** also for freights and fares except as otnerwise proviaed in this Constitution." Mr. BARBOUR. I would like to ask the author of the amendment whether this provision being mandatory will not debar a municipality fi-om regulating the rates of water and gas. The CHAIRMAN. The question is on the adoption of the amend- ment offered by the gentleman from Sonoma, Mr. Johnson. The amendment was adopted, on a division, by a vote of 62 ayes to 30 noes. The chairman. The question recurs on the adoption of the amendment as amended. Adopted. NUMBER OF ASSEMBLYMEK. Mr. BLACKMER. Mr. Chairman : I desire to offer an additional section to the article. The SECRETARY read : " After the year eighteen hundred and ninety, the Legislature may increase the number of Assemblymen to one hundred and twenty, pro- vided two thirds of all the members elected to each house shall vote in favor of such increase." Mr. WYATT. I second the amendment. Mr. BLACKMER. Mr. Chairman : I believe it is the opinion of a majority of this Convention that at some time not far in the future, that the Assembly should be increased. We have provided in this article a number, which makes it mandatory, and there is no possible oppor- tunity to change it, unless by an amendment to the Constitution. I believe that the Senate should be a conservative and small body of men, consequently I have not provided for any increase of the Senate; but I believe it would be wise, and that it is the sense of this committee, that after the year eighteen hundred and ninety, tne Legislature should have the power to increase the number of Assemblymes to one hundred and twenty. I have not numbered it, leaving it for the Committee on Revision and Adjustment to put it in where they see fit, if the committee should vote in favor of this proposition. I hope it will be adopted. Mr. SMITH, of Fourth District. Mr. Chairman: I send up an addi-. tidHal section to article four, to be known as section twenty-nine. The secretary read: " The Legislature shall have power to increase the number of members of Assembly to one hundred, at the first session of the Legislature after the adoption of this Constitution, and the number of Senators and mem- bers of Assembly shall be apportioned among the several counties and districts to be established by law according to the inhabitants, to be ascer- tained by the number of the electors, multiplied by five, as registered on the Great Registers of the several counties on the first day of January, eighteen hundred and eighty,. which shall be the apportionment and basis of representation until otherwise provided by law." REKARKS OF IfR. SMITH. Mr. SMITH, of Fourth District. Mr. Chairman: I might say in regard to this matter that I am not particular as to the wording of the section, but as to the principle involved here. This inflexible rule established in the fifth section of this article does a great injustice to some of the interior counties. The county that I represent, having a population of about ten thousand, has no representative at all, neither nas the County of Tulare, which is much larger. Now, if the popula- tion of this State should increase in proportion as it has, and we should have twenty thousand or thirtv thousand population, we would still have no representative while this inflexible rule of forty Senators and eighty members of the Assembly prevails. Unless there is some kind of apportionment, we will have no representative. There is a great opposition to this measure coming from a majority of the members from the central portion of the State, and whether it is passed or not, I want to lift my voice in favor of those whom I represent. In nine cases out of ten, when there is anything coming up in this State in which the people of the State are interested, the distant portions of the State are not heard on account of the slimness of their representation. I leave it in the hands of the Convention to do what they please with it. Mr. brown. Mr. Chairman: I am not rising before you, sir, in this body, to exactly a question of privilege, but it does appear to me that although the gentleman has a right, if he thinks so, to say that his county is not represented, he has no right to say that^ Tulare is without representation. He is wrong. [Laughter.] Now, sir, we have not the numbers that the population, according to the vote of eighteen hundred and seventy-six, would give to Tulare. We have a right, taking that as a basis, to a larger representation, numerically. That is correct, but it is hoped, with what assistance Tulare may be able to bring to bear, that we may be able to remedy that by the assistance especially of the gen- tleman from Los Angeles, Mr. Avers, and I think the gentleman ironi Kern will also assist in this matter. Mb. smith, of Fourth District. When I spoke of the gentleman's county I had reference to the Legislature and not to this body. Mr. brown. Tulare has never failed to be represented in the Leg- islature of this State. [Laughter.] I believe that in addition to that I am opposed to the gentleman's amendment, but I would like to hear it read. The SECRETARY read : "The Legislature shall have power to increase the number of mem- bers of Assembly to one hundred, at the first session of the Legislature after the adoption of this Constitution, and the number of Senators and members of Assembly shall be apportioned among the several counties and districts to be established by law according to the num- ber of inhabitants, to be ascertained by the number of the electors, mul- tiplied by five, as registered on the Great Registers of the several counties on the first day of January, eighteen hundred and eighty, which shall be the apportionment and basis of representation until otherwise provided by law." Mr. brown. I believe, as we have all heard it now, I shall say nothing against it and make no further explanation. REMARKS OF MR. SHURTLEFF. Mr. SHURTLEFF. Mr. Chairman : It seems to me that we ought not to adopt these amendments. There will be inequalities under any apportionment, and some of the counties cannot have representatives. If we go upon that principle we shall have to extend it, so that the number would be beyond all reason. I believe that the State of Massachusetts had the most popular deliberative body on the face of the earth. It con- sisted of seven hundred and thirty members. Now, the experience of that State has proven that the body was too large, and they are pretty slow there to deviate from the old rules. But Massachusetts found wisdom — she found that she had a more popular branch than necessary. She has cut down piece by piece, until to-day, with a million six hun- dred thousand inhabitants, where she had seven hundred and thirty members, she has now two hundred and forty. The Eastern States, generally, have cut down the old popular branch. It seems to me that this State is represented enough m both branches, and will be for the ,^ext twenty-five years. Why, in the State of New York a Senator rep- resents a greater constituency than does a member of the lower house of Congress from this State. I think that there is no necessity for this provision. Mr. smith, of Fourth District. I will ask the gentleman if the population of that State is not more equally distributed than that of California ? Dec. 24, 1878. OP THE CONSTITUTIONAL CONVENTION. 829 Mr. SHURTLEFF. Certainly it is; but then eighty members of the Assembly is a large enough number. The State of Texas, a larger State than this, has just the same, except that the Senate has ten less, and the popular branch ten more. It seems to roe that this provision to make this increase is unwise, and would lead, by and by, to an increase of the number of members of the Legislature that would be no benefit whatever. I hope the Convention will adhere to the decision it made the other day, and let it stand just where it is in the old Constitution — forty Senators and eighty Assemblymen — and no power to increase it. Mr. white. Mr. Chairman : I, too, hope that it will be left as it is. It is amply sufficient for all the purposes of representation, and this effort to raise it is only an effort to increase politicians in this State. *I hope it will be allowed to remain as it is. THE CHAIRMAN. The question is on the adoption of the amend- ment offered by the gentleman from Kern, Mr. Smith. The amendment was rejected. Thr chairman. The question recurs on the adoption of the amend- ment offered by the gentleman from San Diego, Mr. Blackraer. The amendment was rejected. IfOTION TO RECOVSIDKR. Mr. AYERS. Mr. Chairman: I rise now for the purpose of taking up my motion to reconsider the amendment to section twenty-four of the article on legislative department, offered by Mr. Smith, of Santa Clara. I move to reconsider the vote by which the amendment offered by the gentleman from Santa Clara, Mr. Smith, was adopted, providing that ''all laws of the State of California, and all official writing, and the executive, legislative, and judicial proceedings, shall be conducted, pre- served, and published in no other tnan the English language.'' The chairman. It is a very doubtful question whether the com- mittee can entertain a motion to reconsider any of its votes. Under the general parliamentary law no such motion can be maack to the Convention with the recommendation that the article, as amended, be printed and placed on the calendar. Mr. terry. I move that the report of the Committee of the Whole f>e printed and placed on the general file. The motion prevailed. REPORT — mileage. Mr. HILBORN. Mr. President: I send up a report from the Com- mittee on Mileage and Contingcht Expenses. The secretary read: Mb. Presidekt: Your Cooiinitt«o on Mileagn and Contingent Expenses have had under consideration ]{esolution No. 100 — relative to the mileage of the newly elected members — and And that W. J. Howard is entitled to mileage for three hun- dr«d and twelve miles, and J. J. Kenny for one hundred and eiglity-six miles; we, therefore, recommend the adoption of the following resolution: Resolved, That the Controller bo directed to draw his warrants, payable out of the appropriation for the expenses of this Convention, in favor of W. J. Howard for the sum of forty-six dollars and eighty cents, and in farorof J. J. Kenny for the sum of twenty-flvo dollars and twenty cents, the same being the amounts to which they are respectively entitled as mileage as members of this Convention. Yonr committee have also had under consideration Resolution No. 101 — relative to postage stamps for the Secretary— and herewith report the snme buck without reoommeodation . HILBORN, Chairman. Mr. HILBORN. Mr. Chairman: I move the adoption of the resolu- tion. The resolution was adopted. Mr. HILBORN. I now move that the resolution in relation to appro- priating five dollars for postage stamps, for the use of the Secretary, be adopted. The secretary read: Retolved^ That the State Controller be and he is hereby ordered to issue war- rants to the amount of five dollars in fihvor of the Secretary, for purchasing iKWtago stamps, to be used in transmitting memorials relative to Chinese to the Presi- dent of the United States, Senate, House of Representatives, Governors of the Pacific States and Territories, and to all the Governors of the several States of the United States, and for other correspondence of the Convention. The resolution was adopted. ADJOURNMENT. Mr. belcher. Mr. President: I move that this Convention do now adjourn until Thursday, December twenty-sixth, at two o'clock p. m. Mr. HOWARD. Mr. President: I move to adjourn. The CHAIRMAN. The first question is on the motion of the gentle- man from Los Angeles, Mr. Howard, that the Convention adjourn. The motion prevailed. And at five o'clock and five minutes p. m. the Convention adjournwi. \ EIGHTY-EIGHTH DAY. Sacramento, Tuesday, December 24th, 1878. The Convention met in regular session at nine o'clock and thirty min- utes A. M., President Hoge in the chair. The roll was called, and members found in attendance as follows: Andrews, Ayers, Barbour, Barry, Barton, Beerstecher, Belcher, Bell, Blackmer, Brown, Burt, Caples, Charles, Condon, Cross, Davis, Dean, Dow ling, Doyle, Dudley, of Solano, Dunlap, Eagon, Edgerton, Estee, Evey. Parrel 1, Finney, Freud, Garvey, Glascock, Gorman, Grace, Gregg, Hale, Barnes, Berry, Biggs, Boggs, Boucher, Campbell, Casserly, Chapman, Cowden, Crouch, PRESENT. Harrison, Harvey, Heiskell, Herrington, Hilborn, Hitchcock, Holmes, Nelson , Neunaber, Ohlcyer, Porter, , Proutv, Reddy, Reynolds, Howard,of Los Angeles, Rhodes, Howard, of Mariposa, Rolfc, Huestis, Hughey, Hunter, Inman, Jones, Kelley, Kenny, Keves, Kleine, Lampson, Larkm, Larue, Lewis, Mansfield, McCallum, McConnell, McCoy, McFarland, McNutt, Miller, Mills, Moffat, Moreland, Morse, Nason, ABSENT. Hall. Herold, Johnson, Joyce, Laine, Lavigne, Lindow, Martin, of Alameda, Thompson, Martin, of Santa Cruz, Townsend, Schell, 2 Schomp, 3 Shoemaker, 3 Shurtleff, % Smith, of 4th District, r^ Smith, of San Francisco, ,' Soule, Steele, \ Stevenson, ^ Sweasey, ;• Terry, :j Tinnin, J Turner, ,1 Tuttle, '% Vacquerel, j Van Voorhies, Walker, of Tuolumne, * * Webster, vj Weller, West, 1 White, ^ Wilson, of Tehama, 1 Wyatt, ^ Mr. President. * Ringgold, Shaftcr, Smith, of Santa Clara, Stedman, Stuart, Swenson, Swing, McComas, Tully, Dudley,of San Joaquin, Murphy, Van Dyke, Estey, Noel, Walker, of Marin, Fawcett, O'Donnell, Waters, Filcher, O'Sullivan, Wellin, Freeman, Overton, Wickes, Graves, Pulliam, Wilson, of 1st District, Hager, Reed, Winans. LEAVE OP ABSENCE. Leave of absence for two days was granted Messrs. Crouch, Hall, Herold, and Morse. Leave of absence for five days was granted Mr. Beerstecher. Indefinite leave of absence was granted Messrs. Lewis and Overton. THE JOURNAL. Mr. huestis. Mr. President: I move that the reading of the Journal be dispensed with and the same approved. Carried. REVENUE AND TAXATION. Mr. DUDLEY, of Solano. Mr. President : I desire to offer a propo- \ r DEBATES AND PROCEEDINGS dtioD, and ask that it be prinkd *ad refeFTed (o Ihs Committee oi Whole. Thk secretary read : ''SicT[ON 1. Texpssliall be levied BS hereinaflerpraTided. All Ux^s upon pmpcrt; aball be unironn within the terrilorini limits of the (uthonty levying the tai, and "hall bo levied and collected under gen- "Sio. 2. All properly, the income from which isnnt taxed, excluding growing crops, private property exempt from taxation under tlie law; of the United ^jtatea, public pmjwrtv belonging to the United States or to this State, or any municipality thereof, and property u«ed eioluaively for charitiible purposes not exceeding thousand dollars, belonging to any one institution, shall be taxed in proportion lo ita val^e, to be ascertained as directed by law. "Sic. 3. The Legislature Bball provide bvlaw for the aasesament and collection of a tax upon incomes derived from iitvcslmciits in bonds, notes (whether secured by mortgage or noC), or securities of any kind owned by individuals, and upon the gross incomes of all railroad, navi- ance companies, foreign or domestic, or any other corporation (other than municipal) or association whatever, formed for profit or doing business in this State; promi^eij, that all notes, bonds, or eeeurities of any kind, the income from which is tared, and oil property owned by and neces- wrily used by atrporatlons or associations in producing incomes which are taxed, shall be exempt from'an ad valorem lax." Ma. DUDLEY, of Sofano. Mr. President ; I move that it be printed and referred to the Committee of (he Whole. TBI PRESIDENT. If there be no objection it ts so ordered. Lo ofler a resolution. Ma. McCALLUM. I send up a substitute for that resolution. Tua SECRETARY read : -atD-dir.llKiUadjiia KtttUvtd, Tbat «ta« onrrid*Tii»t.attw> Ma. WHITE. I move to amend by making it nine o'clock. Mb. LARKIN. Mr. President: I think sufficient time, considering the amount of work we have before us, if we adjourn to-day over until Thursday. If we adjourn to-day, these members will go home this afternoon and will return by Thursday at two o'clock. The Interests of this Convention demand that we shall be continuously at work in order (o complete our work. 1 think that our duty to the ]>eople of this State compels us to remain in seaeioD every hour that we can. We have been -'■ — ning for the benefit of the gentlemen from San Francisco, and I desire going voted ;. fiCHELL. 1 hope no adjournn^cnt will be hod, even over to-morrow. These gentlemen who are so industrious, and think we have such mountains of work to do and no time lo do it in, ought lo be permitted to stajr here, and so far as [ am concerned, I am willing to meet these identical gentlemen at work here to-morrow, and not adjourn over at all. Ma. KLEINE. Mr. President: If the holidays are more important to these gentlemen, let them go home and slay home. The PKESIDEKT. The question is on the ameudment oBered by the gentlepian from Alameda, Mr. McCallum. The amendment was lost on a division vote of 38 ayes to 47 noes. Mr. white. Mr. President: I move tbat the Convention now resolve itself into a Committee of the Whole, the President in the chair, for the purpose of conaidering the report of the Committee on Future Amendments. This is a matter that we can finish this morning, and It will be out of the way. If we leave it we will lose a half day at it some other time. I hope the inotion.wtll prevail. Mr. LABKIN. Mr. President; I am proposition. I hope we will go on with the Mb. EDGERTON. Mr.Prcsident: It is immaterial to mo personally. 1 shall support the motion of the gentleman from Santa Cruz, because two or three gentlemen are absent who desire very ranch to be here when the report of the Committee on Revenue and Taxation is consid- ered. Mr.Shanerisabsent.sick; Judge Hager was called to San Fran- cisco yesterday on aorount of sickness in his family ; Major Biggs was called home on business. Everybody knows he has been sick a long time. These gentlcmenj and other gentlemen, asked me to ui^ upon this Convention the postponement of the consideration of the report of the Committee on Kevenue and Taxation until the Convention meets after the holidays. Mr. BLACKMER. Mr. President: As Chairman of the Committee on Future Amendments, I do not olgect to Ibo report being taken up at this time. I did not suppose it would come up so soon, but as therejiort is a short one, we may get through with it this morning, whereas we could not finish some of the repopla that were sent in before it. 1 think the committee are likely to tear it all to pieces, but if the Convention think best to take up the report of that committee, I do not object to it. Mr. TERRY. Mr. President: A resolution hasalready been passed I opposed to taking up thi that the report of the Committee on Revenue and Taxation should fal- low immediately afler the report of the Committee on Legislative DepwtmenL ■Tex PRESIDENT. The question is on the motion of the gentleman from Santa Criii, Mr. White, that the Convention r«solve itself into Com- mittee of the Whole, fur the purpose of consLdering the report of the Committee on Futr— ' -" ■- idectly a quo- Corn - ami stand until the Secretary counts tliem. The division resulted in 32 ayes and 23 noes. ■Th» PRESIDEKT. No quorum voting. There is rum in the Convention. Mr. LARKIN. 1 move that the Convention resolve itself mitlee of the Whole, for the purpose of considering the article on reve- nue and taxation. Thx president. The motion is not in order at present. We are taking a vote on the motion lo go into a Committee of the Whole on the article on future amendments. Members are requested lo vote on one The amendment then prevailed,on a division, by a vote of bi ayes lo 2Tnoes. IN COMMITTEE OF THE WHOLE. Ma- WEST. Mr. President: I rise to a point of order on the vote just taken. The chairman. The Conveution haa gone into a Committee of the Whole. Mr. GDGERTON. Has the Convention resolved itself into a Com- mittee of the Wholef Thr CHAIRMAN. Yes, sir. Ma. LARKIN. Docs the Chair decide that two thirds voted to go into Committee of the Whole ! Thk CHAIBMAX. No two-third vote is required. The Becrel«ry will read the article reported by the Committee on Future Amendments. Thx secretary read; Srctiox I. Any amendment or amendments to this CoDslitution may be proposed in the Senate or Assembly, and if two thiids of all the mem- bers elected lo each of the two houses shall vote in favor thereof, such proposed amendment or amendments shall be entered in their Journals, with the yeas and nays taken thereon ; and it shall be the duty of said Legislature to submit such proposed amendment Or amendments to the sGch Amendment or amendments shall be published in full m each county in the State wherein a newspaper is published for at least three months next preceding the election at which they are to be submitted. Should more than one amendment be submitted at the same election, they shall ba so prepared and distinguished, by numbers or otherwise, that they can be voted on separately. If the people shall approve and ratify such amendment or amendments, or any of them, by a majority nf t^e electors qualified lo vote for members of the Legislature votin'g therefor, such amendment or amendments shall become a part of this Cons---* -- Thr CHAIRMAN. If there he no amendment b y will re >ne, the S'ECHETARYread: Brc. 2. Whenever two thirds of the members elected lo each branch of the Legislature shall think it necessary to revise this Constitution, they shall recommend to the electora to vote at the next geneml elec- tion for or against a Convention for that purpose, and if a majority of shall vote in favor thereof, the Legislature shall, at its next session, pro- vide by law for calling the same. Said Convention shall consist of a number of delegates not to exceed that of both branches of the Legisla- ture, which shall be chosen in the same manner, and have the same qualifications, as members of the Legislature. The delegates so elected sball meet within three months afler their election at such place as the Legislature may direct. The Constitution that may l>e agreed upon by such Convention shall be submitted to the people at a special election, to be provided for by law, for their ratification or rejection, in snch tion, shall, in such manner as the Convention shall direct, be certified to the Executive of the State, who shall call to his assistance the Controller, Treasurer, and Secretary of State, and compare the returns so certiSed to him ; and it shall be the duty of the Executive to declare, by his pro- clamation, such Constitution as may have been rntified by a majority of all the voles cast at such special elect'— '- ■■- "-- " — -'-■-•- — -' "-- State of California. Mr. McFARLAND. Mr. Chairman: I move that tl rise and report back this article, with the recommendati adapted, and that it be placed on the general file. The motion prevailed. IN CONVENTIOS. le the Constitution of the Tni PRESIDENT. Gentlemen: The Committee of the lad under consideration the reoorl of the Committee on Fu tbat it lis, report the article back and recommend ilaced on the general file. :r. BLACKMER. Mr. President: I move that the article b« The motion prevailed. Mr. SCHELL. Mr. President: It s« extraordinary proceeding in this matter. There i have not read this report. My recollection is, that tbat this is rather an laid upon r Dec. 24, 1878. OF THE CONSTITUTIONAL CONVENTION. 831 Mr. LARKIN. Mr. President: I move that the Convention resolve itself into Committee of the Whole, the President in the chair, for the purpose of considering the report of the Committee on Revenue and Taxation. Mr. GREGG. I move we adjourn. The motion was lost. Thr president. The question is on the motion of the gentleman from El Dorado, Mr. Larkin. The motion prevailed. The article is as follows: bkvsnur and taxation. Arttclb — . Srction 1. All (axes shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws. Sbc. 2. All property, including franchises, capital stock of corpora- tions or joint stock a^ociations, and solvent debts, deducting therefrom debts due to 'bona fide residents of this State, and excluding growing crops, private property exempt from taxation under the laws of the United States, public property belonging to the United States, or to this State, or any municipality thereof, and all property and the pro<^eds thereof which is used exclusively for charitable purposes, shall be taxed in proportion to its value, to be ascertained as directed by law. Sbc. 3. Land, and the improvements thereon, shall be separately assessed. Cultivated and uncultivated land, of the same quality and similarly situated, shall be assessed at the same value. Sbc. 4. Every tract of land containing within its boundaries more than one government section shall be assessed, for the purposes of taxa- tion, by sections or fractional sections; and where the section lines have not been established by authority of the United States, the .^sessor and County Surveyor shall establish the section lines, in conformity with the government system of surveys, as nearly as practicable. Each section or fractional section shall be valued and assessed separately ; and for the purpose of subdividing and assessing, the Assessor and Surveyor, and their assistants, may enter upon any land within their respective counties. Sbc. 5. A mortgage, deed of trust, contract, or other obligation by which a debt is secured, shall, for the purposes of assessment and taxatioh, be deemed and treated as an interest in the property affected thereby. Except as to railroad and other quasi-public corporations, in case of debts so secured, the value of the property affected by such mortgage, deed of trust, contract, or obligation, less the value of such security, shall be assessed and taxed to the owner of the property, and the value of such security shall be assessed and taxed to the owner thereof, in the county in which the property affected thereby is situate. The taxes so levied shall be a lien upon the property and security, respectively, and may be paid by either party to such security; if paid by the owner of the security, the tax so levied upon the property affected thereby shall become a part of the debt so secured; ir the owner of the property shall pay the tax so levied on such security, it shall constitute a payment thereon, and, to the extent of such payment, a full discharge thereof. Sbc. 6. Every contnict hereafter made, by which a debtor is obligated to pay any tax or assessment on money loaned, or on anv mortgage, deed of trust, or other lien, shall, as to any interest speci^ed therein, and as to such tax or assessment, be null aad void. Sbc. 7. No corporation, except for benevolent, religious, scientific, or educational purposes, shall be hereafter formed under the laws of this State unless the persons named as corporators shall, at <^ before filing the articles of incorporation, pay into the State treasury one hundred dollars for the first fifty thousand dollars or less of capital stock, and a further sum of twenty dollars for every additional ten thousand dollars of such stock ; and no such corporation shall hereafter increase its capital stock without first paying into the State treasury twenty dollars for every ten thousand dollars of increase. Sbc. 8. No license tax shall be imposed by this State, or any munici- pality thereof, upon any trade, calling, occupation, or business, except the manufacture and sale of wine, spirituous and malt liquors, shows, theaters, menageries, sleight of hand performances, exhibitions for profit, and such other business and occupations of like character as the Legisla- ture may judge the public peace or good order may require to be under special State or municipal control. But the Legislature may by law iropoae any license, or other tax, on persons or corporations owning or using franchises or cor|X)rate privileges. Sbc. 9. The Legislature shall provide for the levy and collection of an annual poll tax of not less than two dollars, for school purposes, on every male inhabitant of this State over twenty-one and under sixty years of a^e, except paupers, idiots, insane persons, and Indians not taxed. Said tax shall be paid into the State School Fund. Sbc. 10. The power of taxation shall never be surrendered or sus- * pended by any grant or contract to which the State shall be a party. Sbc. 11. The Legislature shall provide bylaw for the payment of all taxes on real property by installments. Sbc. 12. The Legislature shall by law require each taxpayer in this State to make and deliver to the Countv Assessor, annually, a statement, under oath, setting forth specifically all the real and personal property owned by such taxpayer, or in his possession, or unaer his control, at twelve o'clock meridian, on the first Monday, of March. Sbc. 13. Assessors and Collectors of State, county, city and county, town, or 'district taxes, shall be elected by the qualified electors of the county, city and county, town, or district in which the property taxed for State, county, city and county, town, or district purposes, is situ- ated; provided, that vacancies may be filled by appointment, according to general laws. Sbc. 14. The State tax on property, exclusive of such tax as may be necessary to pay the existing State debt, shall not exceed forty cents on each one hundred dollars for any one year. Sbc. 15. A State Board of Equalization, consisting of two membere from each Congressional District in this State, shall bo elected by the qualified electors of their respective districts, at the j^eneral election to be held in the year one thousand eight hundred anoseveuty-nine, and every four yeara thereafter, whose duty it shall be to equalize the valu- ation of the taxable property in the State for purposes of State taxation. The Boanls of Supervisors of the several counties in the State shall con- stitute Boards of Equalization for their respective counties, whose duty it shall be to equalize the valuation of the taxable property in the county for the purposes of county taxation. Sbc. 16. The State Board of Equalization shall assess the value of all the property of all railroad corporations in this State. For the purpose of taxation, the value of all lands, workshop, depots, and other build- ings belonging to or under the control of each railroad corporatfon, shall be apportioned by said Board to the counties, cities and counties, cities, townships, and districts in which such lands, workshops, depots, and other buildings are situate; and the aggregate value of all other prop- erty of such railroad corporation shall ue apportioned by said Board to each county, city and coonty, city, town, or district in which its road shall be located, according to the ratio which the number of miles of such road completed in such county, city and counfy, city, town, or dis- trict shall bear to the whole length of such railroad. Sec. ] 7. The value of the capital stock of a corporation snail bo assessed in the county in which its principal place of business is locate Brown, Burt, Caples, Charles, Davis, Dean, Doyle, Dudley, of Solano, Duulap, Eagon, Edgerton, Estee, Evey, Finney, Freud, Glascock, Gorman, Gregg, Hale, Harvey, Heiskell, Hcrrington, Reddy, Hilborn, Reynolds, Holm^, Rhodes, Howard, of Los Angeles,Rolfe, Howard, of Mariposa, Schell, Huestis, Hughey, Hunter, Jones, Kelley, Kenny, Keyes, Kleine, Lampson, Larkin, Larue, Mansfield, McCallum, McConnell, McFarland, McNutt, Miller, Moffat, Nason, Neunaber, Ohleyer, Porter, Schomp, Shurtleff, Smith, of 4th District, Smith, of San Francisco, Soule, Steele, Stevenson, Sweasey, Tinnin, Turner, Tuttle, Vacquerel, Van Voorhies, Wal ker, of Tuolumne, Webster, Weller, West, White, Wilson, of Tehama, Wyatt. Mr. President— 80. The CHAIRMAN. There is a quorum present. ^V 882 DEBATES AND PROCEEDINGS Tuesday, Mr. ESTEE. Mr. Chairman : I move that the committee rise, report progress, and ask leave to sit again. I make this motion, because I am sure that this house does not intend, to-day, to take up the question of taxation. We can take up some other report and proceed to business, and I hope it will be done. The motion prevailed. IN CONVENTION. Thb PRESIDENT. Gentlemen, the Committee of the Whole have instructed me to report that they have had under consideration the report of the Committee on Revenue and Taxation, have made progress therein, and ask leave to sit again. Mr. HERRI NGTON. I desire to send up a minority report from the Committee on Education. The secretary read: MINORITY REPORT OF COMMITTER ON EDUCATION. To the Presidsnt and Gentleiuon of the Convention: The undersigned, a niinoritj of the Committee on Education, herewith presents his report, and asks Ihat it be referred to Committee of the Whole, to be considered in connection witti the report of the majority, as printed. Section six of the mi^rity report, in defining the system of public schools, pro* vides for " such normal schools, iiigh schools, erening schools, and technical schools" as the Legislature may prescribe, or as may be ee^lished by any municipality or sohool district of the State, in addition to primary and grammar schools, but excludes from the system the State Normal School. The branch of the system called high schools, as now conducted, which this section perpetuates, is a continued source of public dissatisfiiction. It permits instruction in all languages — ancient and modem — and prevents nniformity in the courses of instruction therein pursued. It is not probable that any two districts in the State will require the same kind of text-books. The qtialiflcations required to teach in this branch of the system may differ greatly in- the several districts, while heavy special taxes will be required in the districts for tlie support of high salaries to classicHl educators for the benefit of a small proportion of the children of those districts, without any general benefldal results. Objections equally valid may be urged against technical schools, and the multi- plicity of normal schools which the majority report contemplates, while the exclusion of the *' State Normal School *' from the "syscem '* is its practical ^Mindonment and ultimate destruction. I therefore propose the following as a modification of section six, as reported by the majority, and ask its adoption as a substitute : Sbo. 6. The public school system shall include primary and grammar schools, and such evening schools as may be established by authority of any mnnicipality or school district of the State, and all instruction imparted therein shall be confined to the English language. All revenue derived fh)m the State School Fund and State school tax shall be applied exclusively to the supiiort of primary and grammar schools. Respectfully submitted. D. W. HEBRINGTON, December 28, 1878. Of Committee on Education. Laid on the table, and ordered printed. Mr. EDGERTON. Mr. President: I move the Convention resolve itself into a Committee of the Whole, the President in the chair, for the gurpose of considering the report of the Committee on the Right of unrage. The motion prevailed. The article is as follows : Abticle II. RIGHT OF SUFFRAOK. Sf.ction 1. Every native male citizen of the United States, and every naturalized citizen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have ueen a resident of the State one year next preceding the election, and of the election district in which he claims his vote ninety days, shall be entitled to vote at all elections which are now or may hereafter be authorized by law; provided, that no idiot, insane person, or person con- victed of any infamous crime, shall be entitled to the privileges of an elector; provided, that the Legislature may by law remove in whole, or in part, the disabilities to exercise the elective franchise on account of Skc. 2. Electors shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom. Skc. 3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger. Skc. 4. For tne purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States, nor while engaged in the navigation of the waters of this State or of the United States, or of the high seas; nor while a student at any seminary of learning; nor while kept at any almshouse or other asylum, at public expense; nor while confined in any public prison. Sec. 5. All elections by the people shall be by ballot. IN COMMITTEE OF THE WHOLE. Thk chairman. The Secretary will read section one. Thk secretary read : Section 1. Every male citizen of the United States, and every naturalized citizen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have oeen a resident of the State one year next preceding the election, and of the election district in which he claims his vote ninety days, shall be entitled to vote at all elections which are now or may hereafter be authorized by law ; provided, that no idiot, insane person, or person con- victed of any infamous crime, shall be entitled to the privileges of an elector ; provided, that the Legislature ma^ by law remove in whole, or in part, the disabilities to exercise the elective franchise on account of sex. Mr. BLACKMER. I send up an amendment to section one. Thk secretary read: ** Strike out the word ' male,' in line one. 8PKBCH OF MR. BLICKMER. Mr. BLACKMER. Mr. Chairman: Owing to the unprecedented course that this committee has taken upon this subject, to take it up at this time, I am not prepared to discuss this question as I had hoped to discuss it, and if it were of any use I would certainly earnestly protest against this subject being taken up at this time, when there is barely a quorum here; when members, whom I know are anxious to discuss this question, are absent; when it will be impossible to get an expression of uie sentiments of the committee upon this question which is to come before us. I know that it is looked upon by a great many in this Con- vention as a question that perhaps ought not to be raised here, but, sir. I beg leave to differ with all those gentlemen, and to assert that I con- sider it one of the most important questions that is to be discussed during the session of this Convention. I know that the time which I shall be allowed to civo to it is limited, and that I cannot, without the prepara- tion that I had intended to make to condense what I had to say, do the subject justice. But I shall^ endeavor to answer some of the objections that I believe are raised to striking out this word ** male ''in this report. In the first place, sir, we have but to go back but a short time to find woman occupying a position very much inferior to the one she occupies at present, although to-day she is politically in a position of degrada- tion ; but, sir, she has been taking higher and higher ground continually. But to come down at once to this question of the right of suffrage. At the close of the American Revolution there was even in this republic a property qualification in almost all of the States. But, sir, it was not long before the people who had been recognized as the people in the Constitution of the United States began to feel the oppression of that, and very soon there came to be a very strong influence broueht to bear upon the authorities of the government to remove that disabilitv. Anne it to some future time when it can be discussed as it ought to be. claim it is not in the interest of making a good Constitution to do work in this manner. I move that the committee rise, report progress, and ask leave to sit again. Mb. HOWARD, of Los Angeles. Mr. Chairman : I hope the motion will prevail. I do not know Ths chairman. The question is not debatable. Ma. HOWARD, of Los Angeles. I am in favor of giving the gals a chance now. # Thb chairman. The question is on the motion of the gentleman from San Diego, Mr. Blackmer, that the committee rise, report progress, and ask leave to sit again. The motion was lost. REMARKS OF MR. BAOUR. Mr. EAGON.. Mr. Chairman : As Chairman of that committee I wish to state that I am not prepared to go into a regular discussion of this matter and to consider this report. The committee, sir, reported a por- tion of this first section more as a compromise than for any other pur- pose, and I am a little surprised, sir, now, that this committee should attempt to consider a question of so much importance to the people of this State as this is, with so slim a committee as we have here at present — hwrdly a quorum, sir. It is one of the most important questions that will come before this Convention for its action during its session. I would like to see a full Convention when this question is discussed. The committee were of different opinions in regard to certain Questions in the report As to the amendment offered by the gentleman from San Diego, Mr. Blackmer, I will say that with one exception the committee were unanimously opposed to that amendment. The other portion alluded to, by an amendment to an amendment, was a compromise with the committee, each member of the committee reserving a right to act upon it in the Convention as he saw fit Now, I know that a number of the committee are not present. I know that a majority almost of this Convention is absent, and I do hope that a motion tliat the eom- miUee rise, report progress, and ask leave to sit a^in, will prevail. It seems to me that it ought to do so in order to do justice to a question of such magnitude as this. I renew the motion. Mr. smith, of Fourth District. I would suggest that the committee recommend that it be taken up on Thursday. Mr. EAGON. I do not think there is any great difficulty about thai. Mr. ROLFE. Why not go on and discuss this question without tak- ing any vote. }05 Mr. EAGON. I suppose that gentlemen making arguments would like to make them before the Convention. remarks of MR. MCCALLUM. Mr. McCALLUM. Mr. Chairman : I think entirely too much impor- tance is given to the action of the Committee of the Whole. I was a member of the Committee on Suffrage. I think entirely too much con- sequence is eiven to the action of the Committee of the Whole in view of tlie fact that all these questions will come before the Convention, and I have no idea that any gentleman will be deprived of discussing the question then if he shall not have a fair and full opportunity to discuss it in Committee of the Whole. My preference is to take these reports in their order and act upon them, whoever may be present, and if there is not a full discussion, or full vote, that can easily be remedied when We act in the Convention. I must say that I sympathize with the elo- (^uent remarks of the gentleman who first spoke to us upon this ques- tion, but I cannot say that I think there is any probaoility that the amendment offered by the gentleman will prevail, and it will be unnec- essary to .occupy much time in discussing it, although the gentleman has a right to do so. I think we had better go ahead and discuss it, and if it is in order I wish to offer an amendment to the first section ; that is, to add to the end of the section " by a vote of two thirds of the mem- bers of each house in favor of such change.'' Tbis is to remove a disa- bility on account of sex. In the Suffrage Committee a proposition was for some time considered whether we should ask the Convention to submit a separate proposition, to be voted on separately, on this question of suf- frage. It was tnought, for reasons which need not be stated here, that that would not be proper. All that was left for the committee to do was to submit a proposition of this kind. But under the proposition, as pre- sented by the committee, a mere majority of the Legislature could change the Constitution of the State; that, I think, would not be proper in any case, and it would be regarded, perhaps, as verv objec- tionable if we put it into the Constitution, but if a vote of two tliirds of the members or each house shall be in favor of such change, I do not see any reason why we should not submit it in that form ; that certainly never will occur until public sentiment shall demand it, and demand it by a decided majority. I am one of those who believe that the time will come when public sentiment will demand that justice. REMARKS OF MR. MCFARLAND. Mr. McFARLAND. Mr. Chairman: There is nothina; more impor- tant to put into a Constitution than that which provides £r the elective franchise. That goes, sir, to the very source of political power. Now, we have a general vague idea that all people have a right to vote; but political power is confined to about one quarter or one filth of the popu- lation— ^a particular class designated by age, sex, and citizenship. Now, sir, if this question as to the elective franchise had come before this committee to-dav in its regular order, if we naturally and according to our general file nad reached it to-day, the da^ before Christmas, with scarcely a quorum here, I should have said this should take its natural chances and be discussed to-day. But what right, what justice, is there in passing over some four or five less important matters and taking up this? We have the report of the Committee on Education, the report of the Committee on Revenue and Taxation, and others, which are passed over. The CHAIRMAN. The gentleman will confine his remarks to the question before the committee. Mr. McFARLAND. It is certainly unjust to take up this report now. I desire to discuss it myself, but I do not propose to do so wnen there is barely a quorum present. I doubt whether there is a quorum here now. REMARKS OF MR. ORIOB. Mr. grace. Mr. Chairman : I am in hopes' that this matter will be passed over now for the present. I was surprised to come here this morning and find this question under consideration, when I venture to say that there is not a quorum present I believe that this is all impor- tant question, and the manner m which this subject has been treatea by this Convention, and by some people who are inclined to sneer at the right of women to the suffrage, is not creditable. I consider it taking mean advantage. I intend to speak upon this subject in this Convention, but I do not intend to speak to empty seats. I have some authorities that I wish to quote that are at home, and that I could not get here to-day ; I have prepared some notes upon it that I have not got here. I believe that a woman who has to pay her taxes has as good a right to vote as a man. If we give negroes, and Chinamen, and everything else, a right to vote, and proclaim the universal brotherhood of man ana fatherhood of God, why in the name of God don't you give them equal rights? The woman is just as intelligent MR. TINNIN. Are you going over to that doctrine of the universal brotherhood of man ? Mr. grace. In regard to women, I am. I move that the committee rise, report progress, and ask leave to sit again. The motion prevailed. IN CONVENTION. The PRESIDENT. Gentleman : The Committee of the Whole have instructed me to report that thev have had under consideration the report of the Committee on Right of Suffrage, have mode progress, and ask leave to sit again. ADJOURKMEVT. Mr. EDGERTON. Mr. President : I move that this Convention do now adjourn. The motion prevailed, and at ten o'clock and fifty minutes a. m. the President declared the Convention adjourned until Thursday, Decem- ber twenty-sixth, at two o'clock p. m., in accordance with the resolution previously adopted. bEBATES ANt> t>R0CEEtHrJ6S NINETIETH DAY. Sacsaukkto, Thursday, December :eth, ISTS. t, at Ino o'clock f. a. atoonce of the Pregident and Preiident praUm., I will call the Conventioti to on Ma. HUE9TIS. Mr. SfcreUry: I nomL raiT Chairman. Mk. LARKIN waachaecD temporarj Chi The roll vaa called, and membera round i Nominatiung Tor Cfai ite Mr. Larkin for tempo- I attendance as followa: Andrewi, Ayara, BaitoD, Wggt, Bla^mer, Boneher, Burt, C^lea, Chiu-lea, D»Ti«, Dmo, Dudley, of & DmilAp, EagoD, Edserton, Snj, Filchw, Gorman, & H«likell, Baeralecher, Belober, Ball, Berry, Bogp, Campbell, CaaMrlj, Chapman, Condon, Croaa, Crouch, DowIIuk. Doyle, Dudley, of Sen Joaquin, Kelley, Lavigne, Mansfteld, McCoLnell, McCoy, MoFanand, Mills, MolTat. Ohleyer, Herald.' HerringtoD, Eatey, Parrel I, Fawoett, Lewis', Martin, of Alameda, Martin, of Sanbi Cnii, McCalluin, McCumaa, McSutt, Miller, . More I and, Murphy, Neunaber, Noel, Reddy, Reynoldi, it, Rhodes, , Rolfe, Schell, Bchorap, Shafler, Shoemaker, Shurtleff, Smith,ef 4th District, Soule, Steele, Stevenson, Turner, ' Tuttle, Vacquerel, Van Voorhiea, Wellin, West, While, Wilson, oF Tehama, Winana. O'Doonell, O'SulliTBn, Reed, ' Ringgold, Smith, of Bania Clara, Smith, of Ban Franciaoo, Stedman, Thompson, Tinnin, Townaend, Tully, Van Dyke, Walker, of Marin, Walker, of Tuolumne, Watera, Webster, Weller, Wickes, Wilson, of 1st District, Wyatt, Mr. President. Leave if absence for one day was granted to Meaara. HcCallum, Prouty, Hitcbcock, and Harrey. To Mr. Esteeaad Mr. TinDin.ou account of sickness. To Dr. Walker, for three days. . Indcfinitfl lenYC of absence to Mr. McKutt. To Mr. Walker, of Marin, for two daya. KO QDOBUH PtUlirt. Ma. SHOEMAKER. Mr. President: I rise Co ask if there is a qunruro present. Ma. BCIIELL. I raise the point of order that there is no quorum present. Tas CHAIR. The Secretary will determine. The secretary. There are seventy membenpresept and answer- ing t« their names. Tai CHAIR. There is noquonim present. Ma. BARBOUR. I would suggest t^at the abaenteea be called. A call of the absentees showed sevsnlf-ooe members present. Tbi chair. No quorum present yet. Ma. BLACKMER. I move we do now adjourn. Ma. UUBSTIS. ImovetheConrention takea receaini and thirty-live minutes p. m. Ma. BLACKMER. I move to make it three o'clock. Ma. HUESTIS. I accept the amendment. Ma. SMITH, of Fourth District. I move lo adjonm. Ma. SCHELL. I second the motion. Thi chair. The question is on the m< motion is carried, and tlie House will take ■ Mr. SCHELL. I rise lo a point of order, to adjourn t^kei precedence. fConfusioliknd noise.] THE CHAIR. There waa no second. Ms. SCHELL. Yes, I seconded the moti [Great confusion.) Tai CHAIR. The Convention will take Ma. SCHELL. I rise to a poi'nt of ord< CKair.] Ma. KILBOBN. [Amid great confusion land Uke the chair. There are only t is lo adjourn and the other is for a call of tl McFsrland Uke the chair. ThiSECRETAHY. Those in favor of Iti Division wag called (or, and the motion i.^^^,^^ .wi~ ayes lo 32 noes. Thi CHAIR. The house will lake a reoees until thre< The Convention chair. The rail was called, and the following m uDben .answered to tb Andrews, Hitchcock, Pulliam, Ayera, Holmes, Reddv. Howard, of Los Angeles, Reynolds, Barton, Howard, of Mariposa, Rhodes, Biggs, Kueatis,' '^ Rolfe, ■ Bliiacmer, HughBT, Schell, Joucher, Hullef, Schomp, Kelley, Bhafter, 3urt, Keyea, Shoemaker, Campbell, Kleine, Shurtleff, CaplM, LarkiZ Smith, of 4th District, :harl««. Soule, Larue, Steele, [>udle'y, of Solano Lavigne, Eafon. Mansfield, Bweaaey, ' EdgertoB, McComas, ?sx. lii. McConnell, McCov, McFa>land. Van Dyke, Jrace, Mills, Wellin, G"ggi MoB-at, West,' Hall, While, Heiskell, Ohleyer, WilMn, of Tehama. Hilbom, Porter, Thi chair. There is no quorum present. lit. HUE8TI3. I move a call of the Convention. Ma. GORMAN. I move we Carried: ayes,3»; noes, 31. And at three o'clock and li adjourned u NINETY-FIRST DAY. The Convention met in regular sei les .1. 11., President Hoge in the chair. The roll was called, and members found Friday, December STth, 1ST8. I at nine o'clock and thirty mil Barix>ur, Barry, Belcher, Boucher, Cam obeli, Condon, Cowden, Crouch, Doyle, Dudley, of S- Dunlap, Edgerton, Evey, Farrell, Freeman, Gorman, Grace, Gregg, Hale, Heiakell, Hilbom, Hitchcock, Holmes, Howard, of Howard, of Hughey, Jones, ' Kelley, Keyes, Kleine, Larkm, Mansfield, 1 attendance aa followa: McComaa, McConnell, McCoy, Mills, MoSat, Moreland, Murphy, Ohleyer, Pulliam, Loa AngeleB,Re«d, Mariposa, Reynolds, ' Rhodes, Riurgold, Rolfi, Schell, Schomp, Shoemaker, Shurtleff, Smith, of Santa Clara, Smith, of 4th District, 8mitb,of8an Francisco Soule, Steele, "N., OF THE CONSTITUTIONAL CONVE 3toT«iu»n, Teny, ThompcoD, Chtpman, Cron, Dowling, DudlejiOfSan Joaqain iMee,' Ealay, FrMld, O'SulliT&n, Overton, ProulT, Reddj, fitodraan, Stuart, GlMMCk, LindoiT, . Martin, of AUmeda, Martin, of SaoU Crui. McCallum, McFarlaod, McNuH, Miller, Keunaber, Ho«l, O'Donnell, Townsend, Tully, Vacquerel, Walker, of Hmrin, Walker, of Tuolumne, Waten, Webator, Weller, Wickei, White, Wilann, of let Dittrict, Wyatt. o Menn. Johnion, Hall, n Mes'ra. Garvey, Hason, and MeCallum. rar uiree aara to Menn. Proutv and £ste«. IndeGnite I»t» to Ma»r^. Tinri'in, McNutt, and SteTenaon. On motion ot Mr. Brown, the reading of l^e Journal of the twenty- fourth and twenty-sijith instant vaa djepenied nith, and the game approved. Ma. BARBOUR. Mr. Preaident: I ask leave to lend up • resolution out of order. No objection. Tbi secretary read the resolution, as follovs: WaiaiM, Cbarif* 0. O'ltonntll. ■ member al thJi Gunventlon, hu nemilf btta pDbllulj cbargnl tillb lb> connnMon Qr Inhmooa crlmn. wblch nnll bim lu til u BonV'taktD Id ■ Uuen uM'uUc*, la ths retiulvcourH of ]udlc'tii"|irac°^iin; Ibanfure, lUittved, That a commlttc* of Ibna bo appdiited \ij the Preddent, wbm duly ■ PRESIDENT. The queetjoa is o the adoption of the rewlu- Ma. BARBOUR. Mr. Preeident: These mattera bare ariten from Bubjeols pending in thie Conrention, and it aeemi to be proper that thej ihould be iriTestigatad ; and I ask the Secretary lo read an extract from the Ban Francisco Chronicle, which 1 send up. Th( secretary read at follows : " Many members of the Constitutional Convention have expressed a keen sense of indignation that they sbould have been placed in associa- tion with the infamous O'Donnell, and it is nut probable that tbey will Krmit of an^ delay in the imperative recourse for relief. From a like ■ling prevailing among the leading and respectable Workingmen, the party IS not in a disposition to bear the odium of his disgrace, and doubl- leii a motion for O'Donnell's eipuliion if ill proceed promptly from the San Francisco delention." Ma. DUDLEY, of Solano. I have no objections to the passage of the resnluti on, except that part providingfor sending for persons and papers. There is no money to do that with. II is abaurd to talk about sending for pereons and papers when there ii no money to do it with. Ma. GREGG. Mr. President: Personalty, I have no objections to the resolutioQ if Dr. O'Donnell was in his seat. For the reason that be is awav, I move to lay the teaolution on the table. Ma. VAN DYKE. Mr. President : I hope the motion will not pre- vail. This Convention bos a deep interest in this tnatter. The ayes and noes were demanded by Messrs. Iisrkiu, Barbour, Lampson, Joyce, and Barton. The roll was called, and the motion to table lost by the (bllowing Biggs, Hale, Sharier, BiSiher, Howard, of Maripoea Steele, Brown, Mills. Cowden, - Obleyer, Thompson, Dudley, of Solano, Porter, TutUe, Edgerlon, Pulliam, West, Finaej, Reed, Wilson, of Tehama, Oiw Rhode*, Winan»-M. ADdrew, Burt, Bean, Ay«., Campbell, Doyle, Caples, Dun lap. Bury, Charles, Evey,"^ Bm16i>, Condon, Farrell, ISJv... Croacli, Filcher, Davia, Freeman, Gorman, Heisk'ell, Hilbom, Hitchcock, Holmea, Howard , of Loe Angele . EDGEKTON. e itself into Con .iider the report ■ man from El Dorado, Ma. EDGERTON. ond Bsetion of tbe rep provides for a direct principle. There is ai tion two. My imprei and adopt the provieit equal and uniform tbi by the Supreme Court i t. I would suggest ti his motion in order th MR.LARKI^r. Ii Ma. EDGERTOM. auraat^d I now move M«. DUDLEY, of retain the present ivsl Ma. EDGERTON. Constitution the princ: Ma. BROWN. Mr. was to tax all property opposed to tbe way it erty of equal value wi and shall be levied i plain that all classes i uniformly taxed, and reaching after— it is II am, therefore, oppoeed amendment to be read Not read. Ha. CAMPBELL. section has connection tion five. I find bv n and other qUBii-public of the property affect obligation, leas the val the owner thereof, in I is situate." etc. Now, for the property of cor railroad property, the places it is taxsd just i to be pretty much thi first section of the rej the different subjects o if you adopt the rule have really no taiatio are taxing tbeir prope certain tracts of land, amount of their indeh Ma. EDQERTOlf. is conoerned, tbe gen' tides that " all proper tions or joint stock ass debts due to bona fit crops, private properl United Btsl«B, public I 836 DEBATES AND PROCEEDINGS Friday, / • -• *\ ; ■< . that railroad property in this State should be taxed on some plane analogouB to that adopted in the States of Illinois and Missouri. Under their laws and Constitution the property of railroad corporations is auessed bv the State Board of Equalization, and not by local Assessors at all. The proprietors of these properties have to submit a detailed statement of all the property belonging to the corporation in the State to the State Board. The property is then assessed in this way : in the first place, there is what is called railroad track, that embraces the right of way, structures, irons, depots, workshops, etc All the property is listed under different heads. They take the aggregate cash value of th^ capital stock, and a fair cash value of the indebtedness and bonds, and add them together, and from that deduct the value of the taxable prop- erty, and tax the excess as capital stock. By reference to the second of Otto, it will be seen that the Supreme Court of the United States sus- tained that principle of taxation. The principle I am advocating in offering to strike out is the ad valorem principle, which puts the tax upon the subject itself. Mr. CAMPBELL. There can be no doubt that, under this first sec- tion, the stock would be taxed at its fair cash value. Ma. EDGERTON. I ask the gentleman if there is anj doubt about section thirteen, article eleven, as it stands: ''taxation shall be equal and uniform throughout this State?" Mr. CAMPBELL. It has not operated very equally as interpreted. That has been one of the great causes of complaint. It seems to me that the section, as it stands in the report, is perfectly plain and reasonable. REMARKS OF MR. CAPLES. Mr. CAPLES. Mr. Chairman: I hope the section will be stricken out. That section means nothing as it reads : *' All taxes shall be uni- form upon the same class of subjects within the territorial limits of the authority levying the tax, and shall be levied and collected under gen- eral laws." That is so obscure that it certainly ought to be stricken out, and I submit that we should substitute for it something that is as plain and explicit as the language of the old Constitution. The language of the old Constitution is mfiuitely more explicit, and is susceptible to but one construction, while this section has no definite meaning. The old Constitution reads: ** Taxation shall be equal and uniform throughout this State. All prop- erty in this State shall be taxed in proportion to ita value." Now, that is clear. So far the section of the old Constitution is cer- tainly unobjectionable. As to the amendment of the gentleman from Tulare, I have read that, and it proposes to strike out the word " subjects " and insert the words ''property of equal value." That is simply an amendment which is no amendment at all. It would be no improve- ment on the section. It leaves it where it is, and the whole section ought to be stricken out, and something substituted that is susceptible to but one construction. I therefore nop« the whole section will be stricken out. Then there will be time to substitute something in its place that means absolutely some one thing. REMARKS OF MR. KDOERTON. Mr. EDGERTON. Mr. Chairman: I am informed by persona who have lived in Pennsylvania that a cow or a horse is taxed at so much (forty cents, I believe), no matter what the value is. Taxation there is not based upon the ad valorem principle. They are taxed as subjects, and not upon the principle of value at all. In that State the government is sustained, in a large part, and the interest upon the public debt is paid, by a tax of three quarters of a cent upon the gross income of oorpora- tionn, and they pay very little attention to these particular matters out- side of that. And because this section is ambiguous and objectionable on account of its obscurity, I move to strike it out and substitute the provision of the present Constitution. Mb. DUDLEY, of Solano. Does the gentleman think that section one, taken in connection with section two, would allow that kind of taxation bespeaks of? Mr. EDGERTON. I say that one class of property should not be taxed any more than any other clau,^uid that is why I am in favor of striking out this section. (|f * REMARKS OF MR. FILCHER. Mr. FILCHER. Mr. Chairman : It seems to me there is something in the point raised by the gentleman in relation to this section. I had come to the conclusion that it did not mean that my cow and his cow, if he has one, should be taxed alike, but that it meant that bis cow and my cow should be taxed at an equal amount on the one hundred dollars worth. It would allow the Legislature, if they saw fit, to place a tax of three dollars on the one hundred dollars worth of land in California, if they wished to raise a large proportion on real estate, while they might, at the same time, allow an exemption of personal property under this wording. They might levy a tax of twentv-five cents on the one hundred dollars worth of cows, while on land they might vary the rate, but to rate it all equally according to its class. I thought that was the logical construction. I thought that was the working of the Pennsyl- vania and Missouri system, but I find I am mistaken. I am in favor of striking it out and incorporating a separate section, that taxation shall be equal and uniform throughout this State. We can then proceed to correct the cause of the present grievances. REMARKS OF MR. SHIFTER. Mr. SHAFTER. Mr. Chairman: I suppose the Chairman of the committee is correct in saying that all the members agreed on this ques- tion. I was supposed to have aj^ed to it myself. I recollect of referring to the old section, but there was something said about cases where school districts should assess, and road districts should assess, and townships should assess ; hence this term that directly limits it to the authority levying the tax. But my own idea now is that the old section is prefer- able. We see men running after the Constitutions of other States, and because these things are found in other Constitutions seems to be reason sufficient, in the minds of some, for their adoption. Now, the words equality and uniformity do not mean the same thing. In Virginia we have this uniformity. Watches were taxed, say, one dollar and twenty- five cents each ; cows were assessed at a given sum, and the same with regard to horses. They had uniformity, but not equality by any means. If all watches are assessed alike, that is uniformityHipt not equality. One watch may be worth five hundred dollars and another fifteen dol- lars, but they are assessed alike. There is no equality in such taxation : there is no eouity. It is for that reason that the word " equal " is put in bere^that all property shall be taxed in proportion to its value. That makes it perfectly plain and comprehensive. There is another good reason for retaining the section of the old Constitution, which is sufficient for me, and that is that we should retain the language of that instru- ment, unless there is some good reason for changing it. We should keep what we have until we get better. It strikes me that the language of the old Constitution is better and less ^uivocal than that of any that has been mentioned here. It starts off with a general unequivocal declaration that covers the whole subject, and that is, that " taxation shall be equal and uniform throughout this State." There could not be words any more explicit. " All propeKy shall be taxed in proportion to its value, to be ascertained according to law," is put in here, but the other is better. What more explicit combination of words can be found? There is no difficulty about it. If there is any conflict between this first general declaration and the subsequent section, the subsequent section should be brought in harmony with the first. Let us lay down the gen- eral doctrine first, and make the provisions of the article conform to it. Now, the lastpart of the section we have left off, because that is where the whole difficulty was — in the local Assessors — from whose decisions there was no appeal. That part must be left out I hope we shall strike out, and insert this much of the old Constitution, down to the words " Assessors and Collectors." REMARKS OF MR. ROLFE. Mr. ROLFE. Mr. Chairman: In examining that section, and com- paring it with section eight, as reported b^ the committee, it struck me in this way: section ei^t authorizes a license tax for certain things: among other things, for instance, on the manufacture and sale of wines. Now, a man may have ten acres in vinevard,and make a thousand gal- lons of wine a year, and his business is of the same class as the man who has two or three hundred acres, and makes a great deal more wine. Now, if we impose a license tax upon the sale of wine, would it reauire the same amount of license — say one hundred dollars a year — woula we require the small manufacturer to pay the same amount of license as the large manufacturer who makes one hundred thousand gallons a year? Now, if it is required to be uniform upon that same class of sub- jects, it would have to be in the same amount, it seems to me. If the man who makes one hundred thousand gallons only has to pay the same as the man who makes but one thousand, it would certainly not be right. •Mr. EDGERTON. Mr. Chairman : I would like to modify my motion so as to strike out section one and substitute the following: "Sectior 1. Taxation shall be equal and uniform throughout this State." The chairman. The first amendment is that offered bpr the gen- tleman from Tulare, Mr. Brown, to strike out the word "subjects," and insert the words " property of equal value." Lost. Mr. DUDLEY, of Solano. Mr. Chairman : I offer an amendment to the amendment. I desire to offer section one of the proposition I offered here several days ago. I desire to offer it, and I shall, at the proper time, move to strike out the other sections and substitute this proposition. The secretary read : " Section 1. Taxes shall be levied as hereinafter provided. All taxes upon propert}[ shall be uniform within the territorial limits of the authority levying the tax, and shall be levied and collected under gen- eral laws." Mr. west. Mr. Chairman : I shall offer a substitute at the proper time, and I wish to have it read by the Secretary for information. Mr. van dyke. I wish to suggest to Mr. Dudley to insert before the word " uniform " the words *' ec^ual and." Mr. DUDLEY. I have no objection to the amendment. Mr. west. I desire to have this substitute read for the information of the committee. The secretary read: "Section 1. Taxation shall be equal and uniform throughout the State. All private property in the State, not exempt under the laws of the United States, snail be taxed in proportion to its value, to be ascertained as provided bv law." The chairman. The question is on the amendment of the gentle- man from Solano, Mr. Dudley. SPEECH OF MR. SWING. Mr. swing. Mr. Chairman : I hope there will be no restrictions at all placed upon the Legislature in regard to taxation. I hold, whatever have may been said about the Legislature not regulating corporations, that the Legislature will not fail to devise a system of taxation. Taxation is a matter which the people feel very quickly, and when an Act is passed imposing grievous taxes, one not uniform, nor equal, nor just, the people very soon see and feel it, and look out for a fit man to send to the Legislature to regulate the matter. Now, it is all very nice to stfy that taxation shall be equal and uniform, as is said by this provision in the old Constitution, but we can't make taxation equal and uniform simply by saying it shall be so, simply saying so does not make it so, and one reason why they have not beien equal and uniform has been because of that very provision in the old Constitution. Now, we know k Dec. 27, 1878. OF THE CONSTITUTIONAL CONVENTION. 837 from experience that a vaat amount of property has escaped taxation in the past, under and by reason of that very provision. I believe, by a fair estimate, that sixty per cent, of the real estate of the State is now under mortgage, and by that very provision that taxation shall be equal and uniform, sixty per cent, of the mortgages have never paid a cent in taxes. A few years ago the Legislature passed an Act requiring that raortgases should be taxed, and we all know that this law has been declared unconstitutional, which acts as a restriction upon the Legisla- ture. Now, I believe it is better not to put any restrictions whatever upon the Legislature, but leave them free to act in this matter. Leave them the right to enact just such laws as they may thiuk are rec^uired. I believe it will be better to leave the Legislature unrestricted in the matter, than to put in these high sounding terms which only serve to hamper them. Mr. EDGERTOK. According to your theory the Constitution should be silent. ' Mr. swing. I believe it should be silent Some gentlemen seem to think that unless they put this in the Constitution the Legislature will have no power to tax mortgages. We know that is not the case. The Legislature has absolute power, except where that power is restricted by the Constitution, We know it is the theory of our government that this matter of taxation should lie with the people themselves as far as possible. We do not know whether the system we are devising is going to work well or not. If it is left to the Legislature, the representatives of the people can at any time change the system of taxation whenever the circumstances demand a change. I believe it is better not to say any- thing, but to leave the power of taxation entirely unrestricted. Wo all know that if it had not been for this provision in the old Constitution, taxation would have been much more nearly equal and uniform than it has been under that provision. Mr. EDGERTON. Is the gentleman not aware that the Legislature has even exempted certain property from taxation ? Mr. swing. Yes, sir; they did so, and when they found it did not work well they passed other laws taxing mortgages, and they were declared unconstitutional, under these very nne and high-sounding terms. Therefore I say it is better to leave them un restrict^, and when they find that men are paying no taxes, they will have a right to change the law so that these persons cannot escape' their share of taxes. I prefer to leave this matter to the Legislature. Mr. DUDLEY, of Solano. Mr. Chairman : This subject at this time is in rather a peculiar shape, and there seems to be a lack of disposition to discuss it. Tnere seems to be no definite idea as to the effect of striking out the section as reported by the committee and inserting the section of the old Constitution. I have hei^tofore occupied buf little of the time of this Convention, and I desire now to occupy a short time in dis- cussing this subject. I did not intend to speak at this stage of the dis- cussion, but circumstances impel me to say what I have to say now, and I shall ask the indulgence of the committee in order that I may be permitted to complete what I shall have to say, even if it should extend oeyond the allotted fifteen minutes. Considering the great diversity of opinion among the people, and amon^ members o? this Convention, con- cerning the question under consideration, it is unfortunate that the Com- mittee on Revenue and Taxation did not succeed in harmonizing their views and in agreeing to a unanimous report; but whatever differences of opinion there may be as to. systems or methods of taxation, it will be generally conceded that the subject is a difficult one. It is this question that has disturbed the public mind more, perhaps, than any other upon which we shall be called to deliberate. The uneasiness felt with regard to the present system, more than anything else, in my opinion, caused the people to call this Convention. It may seem very easy for one who has given the subject little consideration, to formulate an article to be engrafted into the Constitution that shall forrfl the groundwork of a system of taxation that shall work harmoniously, d^ing out equal and exact justice to all taxpayers; but once an investigation is under- taken, difficulties arise, new elements, essential to a correct solution of the question, which have never before been thought of, must be con- sidered. The more thoroughly it is considered, the more complex it appears. No system of taxation has ever yet been devised against which serious objections could not be urged. The subject has received the con- sideration of the best minds for centuries, and yet no uniformity of con- viction has been reached, except as to one general principle, which is, ** that the burdens of taxation should be equally borne," that eaeh should be called upon to contribute his just proportion toward the support of the government. There is probably no difference of opinion nere on that point. The question here upon which there is such a diversitv of opinion is not what ought to be done, but how shall it be done? How shall taxation be equitably distributed? How shall each individual or interest be made to bear his or its just proportion of tax? Shall any- thing be exempt? If so, what? The effects of taxation are far reaching. We may unjustly relieve, or we may unjustly burden, classes and interests. To relieve one interest is to unjustly burden all others. The expenses of the government must be paid. 'What one does not pay another must. Unequal taxation is confiscation. Property taxed is decreased in value as compared with property not taxed, and to exempt any class of property from taxation IS to add to its value at the expense of all propertv taxed. There are certain maxims laid down by Adam Smith, which nave been so gener- ally acceded to since his time that Mr. Mill tells us they have become elaasic. The first of these maxims is this — without pretending to quote the exact language : "That each individual should contribute to the support of the government in proportion to his ability ; t. e., in propor- tion to the amount of revenue derived bv such incfividual under the protection of the law. This maxim is undoubtedly correct. It is true that, under our American system of State taxation, taxes are levied upon property, not upon incomes; yet, aa a rule, all taxes are paid from incomes. The law does not inquire what incomes have been derived from property, but presupposes that all have used their property to equal advantage, and that tne ability and consequent duty to pay tax is measured by the amount of property owned or possessed. It is not necessary here to stop to consider whether this presumption is a correct one or not. It is the basis upon which taxes are levied in most of the States of the Union; it has been the basis of taxation in this State in the past, and, I presume, will continue to be in the future. I have seen no disposition here to change. I would like to see a change made. I am in favor of substituting a tax u];x>n incomes derived from certain sources, in lieu of a tax upon the property from which such incomes are derived. I introduced a proposition to that effect, numbered five hundred and twenty-eight, to which I desire to call the attention of the members of the Convention. But such a proposition seems to find but little favor he^e, and the system that we shall adopt will probably be based upon property ; and acknowledging the correctness of the maxim before mentioned — and I presume no one will dispute it — ^we are to assume that the ability to pay tax is measured by the property in possession, and provide for levying taxes aocordingi v. To do this equitably, all private property, whether belonging to fndividuals or corporations, should be taxed eoually, t. e., in proportion to its value. Value is the element taxed. Tnere should be no exemptions. Every kind and class of property should find its value subject to taxation. There is another maxim laid down by Adam Smith, which is, that : " The time of payment, the manner of payment, and the amount of payment ou^ht to be clear and plain to the contributor and to all others." It is certainly important that the sprstem of taxation that we shall adopt shall conform to this maxim, very few persons who con- tribute nothing to the support of the government will vote with that discrimination necessary to the stability of republican institutions. The man who pays no tax has little regard for the public expenditures ; he will not have that interest in ana will not use his influence and exer- tions to the same extent to secure economical and good government that the citizen will who pays tex. The residence in the State of a class of wealthy citizens who annually pocket a large part of the net proceeds of the community's labor, and who are entirely exempt from the pay- ment of all direct taxes, will always beget dissatisfaction and uneasiness on the part of those who are compelled to pay te$. Every individual should be required to pay tax in proportion to^he value of his property; every one should not only know when he pays, but just how much he pays, and that, too, at the time of payment. No system should bo here adopted that will recognize the right of any one to shift his burden of tex on to another. For a few years past, under the rulings of our Courts, crediU have been relieved from texation, and that under the very article of the Con- stitution which it is here sought to engraft in the new Constitution. Notwithstending that for nearly twenty years prior to that decision assessments were made, and there was a general aoquiescence in that sys- tem of texation, there was no general cry of oppression under that system. The dissatisfaction was confined to the moneyed intereste of San Francisco, which sought to reverse that system and secure exemption for certein classes of property. They were successfhl, and since that time these credite have been exempted. But why should they be exempt? Are they not valuable? Are they not liable to attechment and sale in satisfaction of debt or judgment? Do they not bring a reve- nue to the owner? Can you not as easily determine the value of a note as you can the value of a horse or a cow? Are they not subject to all the laws, rules, and usages that govern and control other classes of per- sonal property? Why then should they be exempt? We may not agree on a system of taxation that will be exactly just to all classes; we do not expect to reach perfection; but we ought to come as near justice and equalitjr as possible. If each individual is to be required to pay tex in proportion to his ability, certainly the owners of capitel invested in notes or interest-bearing bonds are possessed of ability, and ought in justice to be compelled to pay their fair share of tax. We have no means of knowing exactly how much there is of this class of property in exist- ence at the present time; but I find by the Controller's report that the year following the decision of the Supreme Court in the mortgage tex cases — which exempted credite from taxation — that the assessment roll of the Stete fell off over a hundred millions of dollars, notwithstendii^ very considerable efforte were made by Assessors to make up the deficit occasioned by the exemption of credite, by assessing growing crops, and in some parte of the Stete, by increasing the valuation of land. In my opinion one hundred and fifty millions, or one fifth of the assessable values of the Stete, is probably not an overestimate of the amount of that class of property which, at the present time, altogether escapes tex- ation. If this class of property was added to the assessment roll, to raise the same amount of revenue now received would require a tex rate of one and six tenths per cent, instead of two per cent, as now, which is about the average rate in the Stete. The effect of assessing and texing this class of property, and the consequent decrease of the tex rate, is to decrease the tex burden of those least able to pay tex, and tQ increase the burden of those best able to pay. Take the case of two individuals, a mechanic entirely dependent upon his labor for a living, and a capitelist who has a surplus capitel of one hundred thousand dollars invested in interest- bearing obligations. The mechanic is the owner of a house and lot where he resides, valued at one thousand five hundred dollars. The capitelist is the owner oC a house and lot valued at fifteen thousand dollars. At the present rate of tax — two per cent. — the mechanic will have to pay thirty dollars, and the capitelist three hundred dollars; but if evidences of indebtedness were taxed the tax rate would be reduced to one and six tenths per cent., and the mechanic would have to pay twenty-four dollars only, and the capitelist would have to pay one thousand eight hundred mid forty dollars. If every individual were strictly honest, and would render to some official, when reqnire*l by law to do so, a correot statement of all DEBATES AND PROCEEDINGS B, and we"oould eqait- kbij kijjdst and i»!lect a taiupoa euch JDcomes, it would be generally admitted lo be the b«st aysteiii or taxatioQ that coul and E have the first and best claim to one third of tbe visible tangible property, and are an- uuallv pocketing ita proceeds, and ought to pay one third of the taxes, and vtould if the lax was upon incomes, they are only required to pay oae fourth. Certainly tbis conies nearer justice than lo exempt them entirely.. Where is the fallacy in this 7 You may add to this com- munity as many as you like holding property in diSerent quantities, and aa many as you' please holding securities, snd in any proportion lity. In doing so, y< susceptible of mathe re equally distribute That aasessment is nearest co ipresenta the property Xet us look firt^er ii doien or twenty famili igage in any of the a udes to loan his capital this object. Let us suppOM a colony of a g in a new country. They buy land, )il,all except one, whn, disinclined (o luiU that involve manual labor, con- !ighbor» discuss the ir The Grst thing they have provided themselves with sbelter.begin of furnishing school facilities for their children, is line Is lo build a school -house, and they meet with regard to tbe means for carrying out thai .u rally conclude that the best way is to determine :d of a bouse, and the coat, and then each subscribe to a fund in proportion to their means. The subecription paper is started, and all pledge themselves, except ibe man who has loaned his money. Let us suppose thst tbis man, when he is asked lo lign, should say : " Gentle- men, it is Irue I have a family growing up that ought to be educated, :ious to bave a school, ana need one as bad as any of yon, >u will go on and build a house, and employ a teacher as l>le, but you cannot expect me lo give anything. You nothing. I have loaned all my money to you, and if I should give anything it would be a double contribution. All those who have-borrowed my capital have contributed, and yim ought not to expect anything from me." What would be thought of tbe meanness of such a man T Why, sir, he would steal pennies from a blind bemr ; and if the gentleman from Sacramento should be called upon to uiaracteriie such a mas, he would pour out hia entire store of withering sarcasm upon that individual's head and fail lo do the subject justice. But tbe case is not even supposable. No American citiien ever reached that degree of meanness. No, sir, that man would recognise his doty to his children and to tbe community of which he wis a member, and give his share towards lbs construction of a school house, ir ,j j_ ™i.__ .L_ I _— i.,i.. 1 lid go so far as to He would d. pay ll of his n the house was built hi e heretofore bean e purpose , . eDomeintoitBelGshmen,whoBre will- ing to reap the benefit of this school for their children, but are loo penuri- ous lo voluntarily give, towards ita support, their just pnS6ibly be under the necessity of meeting in dollars and cents, and thus calming their consciences in regard to the matter — swearing oft their personal liabili- ties to taxation. * ♦ ♦ I know a case in my own county where an individual, unauestionably one of the wealthiest men in the county, and that wealtn largely consisting of personal property in bonds and mortgages, having a large family of children, who had grown up to vears of discretion and who had become workers in the world, who kept his day-book in this way : As he received monev^rom A, B, and C upon mortgages, he first credited to the parties who had executed the mortgage, and then he j^ave cre