Butte record., 1855-09-08
BY AUTH HORITY

ney, Lincoln McCurdy. Mellus, Meredith, Moreland'
oxIey Palmer, Quinn, Rodgers, Ryland, Stevens sher
rarad. Smith oil Marin. Taaferro, Updegraf w atkins,
Waite els and Wbiiney-i9.
Noes-Adkiusop Bogardus Boles, Brewton, Brown
oi Nevada Burke, Covarrubas Farwel Ferrell Foster
| Ferguson, Hunt johnson of Eldorado, MsCatchan
Nurdoek Phelps Rove sngle Snl,s ason,rd 0a d
| AMENDMENT g Section Of Article is
amended so as to read as follows: Section B.
The members of the Assembly shall be chosen
| by the qualified electors of their respective
| districts on the first Wednesday of September,
one thousand eight hundred and ffty-seven
unless otherwise ordered by the Legislature,
and biennially thereafter and their term OF
Office shall be two years.
Upon the above ID propose amendment, the
ayes and noes were taken, with the following
result:
Ayes-Andrews, Amyx, Arlington, Ashley, Aakison,
BITES, Brown of Contra Costa, Brown of Nevada, Bu
| fun. Cammet. Cory Clayto Coombs, Cunningham tf
| II Dorado Curtis Dana, Douglass, Doughty, Farweil,
fIournoy Gaver. Gaylord, Geer. Gober Graves Gragg.
esmer, Johnston of San Francisco Jones, Keys. Kin
y. y, Lincoln, McCurdy ieus, Meredith, Moreiand,
,lurdock Oxley, Palmer, Quinn. Rogers. Ryanc. Ste
vens. sherrard smith of Marin Taliaferro, Updegraf
Watkins, Waite, Wells and Whiney-5l.
Noes-Bogardus, Brewton, Burke, Coyarrubias Fer
reiI Foster Hunt. NcCutchan Phelps, Rowe, Singley
and Vineyard-12.
So the amendment was adopted.
AMENDMENT 3. Section of Article is
amended SO as to read as follows: Section 5.
Senators shall be chosen for the term of four
years, at the same time and place as members
IF the Assembly: and no person shall be a
member of the Senate or Assembly who has
not been citizen and inhabtant of the State
two years, and of the county or district for
which he shall be chosen one year next pre-
ceeding his election.
Upon the above Sd proposed amendment, the
| bon fol
| Ayes-Andrews Arlington, Ashley. Addison. Baker.
Beatty Buifun, Canmett Cory, Clayton, Coombs Gun
ningham of Ell Dorado. Cunningham of Sierra Curtis,
Dana, Douglass, Doughty. Edwards, Farley Farwell,
Fournoy, Gaver Gay lord Geler Gober Graves Gragg,
losmer Johnston Of san Francisco Jones, Keys, Kin
ney. Lincoln, Mc,'urdy. Mellus Meredith, Moreland,
Murdock, Oxiey, Quinn Rogers, Ryiand, Stevens Sher
rard, Taaferro, updegraf, Watkins Waite, Wells,
Whitney-50.
| Noes-Begardus, Brewton, Brown of Nevada, Burke.
Covarrubas, Foster HUNT McCutchan, Palmer, Phelps,
Rowe Singley, Smith of Marin and Vineyard-l4
| So the amendment was adopted
AMENDMENT 4 Section of Article is
amended so as to read as follows Section
The number of Senators shall not be less than
one third, nor more than one-half of that of
members of the Assembly; and at the first
session of the Legislature, after this amend
ment takes effect, Senators 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 two years,
so that one half, as nearly as may be, shall be
chosen biennially
| Upon the above 4th proposed amendment
the ayes and noes were taken with the follow
ing result
| Ayes--Andrews, Arlington, Ashley, Baker, Beatty,
own OF Contra Costa Brown of Nevada. Bufurn,
Burke, Cammet, Cory, Clayton, Coomhs, Cunningham
o. Ell Dorado, Cunningham of Sierra Curtis. Dana,
Douglas Doughty Edwards Farley, Farwe. Flournoy,
Ferp on Gave. Gaylord, Geer, Gober Graves, Keys.
Kinney ,.;,coln scCurdy, MeIus Meredith, More
land Nurdock CAey Palmer, Quinn, Rodgers, Ryland
stevens Sherard stem.rt. Ta,.aterre updegraf, Wat
kins Waite Wells and WhiinSv-55
Noes-Bogardus Brewton, CovarIcubas, ft.reIL II os-
ter Hunt, Johnson of Ell Dorado McCulIhaD, fheips
Rowe, Stevenson, Singley and vineyard--l3
AMENDMENT 5. Section 2 Article 10 is
amended so as to read as follows Section 2.
And if at any time two-thirds of the Senate
and Assembly shall think it necessary to re-
wise and change this entire constitution they
shall recommend to the electors at the next
election for members of the Legislature to
vote for or against a convention and if it
shall appear that a majority of the electors
voting at such election have voted in favor of
calling q convention the Legislature shall, at
its next session provide by law for calling a
convention to be holden within six months
after the passage of such law and such con-
vention shall consist of number of members
not less than that of both branches of the
Legislature. The constitution that may have
been agreed upon and adopted by such con-
vention, shall be submitted to the people at a
special election to be provided for by law, for
their ratification or rejection. Each voter
shall express his opinion by depositing in the
ballot box ticket whereon shall be written
or printed the words For the new Consti: u
tion," or Against the new Constitution The
returns of such election shall, in such manner
as the Convention shall direct be certified to
the Executive of this State, who shall call to
his assistance the Controller, Treasurer and
Secretary of State and compare the votes so
certified to him. If by such examination it
be ascertained that majority of the whole
number of votes cast at such election be in
favor of such new constitution, the Executive
of this State shall by his proclamation de-
clare such new constitution to be the constitu-
tion of the State Of California.
Upon the above 5th proposed amendment
the ayes and noes were taken, with the fol-
lowing result:
Ayes--Andrews, Arlington, Ashley, Baker, Beatty
Brown of Contra Costa, Brown of Nevada Buffnm
Burke Cammet, Cory. Clayton Coombs, Cunningham
of Ell Dorado, Curtis. Dana Douglas. bought, Edwards
Farwell, Flouraoy, Ferguson, Geer, Gober Graves
Gragg Hosmer Johnston of San Francisco, Jones'
Kinney. Lincoln. McCurdy, MeIlus Meredith More
land, Murock, Oxley, Palmer, Phelps. Quinn Rodgers
Rowe, Ryland. Stevens Sberrard Singley. Stewart.
Taliaftrro, Updegraf, Watkins, Wells, Whitaey and
Noes--Bogardus. Brewton, Covarrnbns Cunningham
of Sierra Farley, Ferre Foster. Gaylord Hunt John
son of FL Dorado, McCutchan Stevenson Vineyard--l3
SO the 9th amendment was adopted.
The within (above) proposed amendments
to the Constitution passed the Assembly this
18th day of April, 1865. the vote being taken
separately upon each amendment
J. NJ. ANDERSON
jel6tsep4 Clerk of assembly.
In SENATE,
Sacramento, April Gath, 1855. {
| On leave, Senator Tuttle offered the follow
ing amendment to the constitution of the State
/ ARTICLE IL. The Legislature of the State
of California at its sixth annu Il session, con-
vened on the first day of January A. D. 1855,
propose an amendment to the present Consti-
tuition of this State the following:
| AMENDMENT lst. Section thrfe of Article
XI of the Constitution of the State OF Cali
fornia, is hereby amended so as to read as fol-
| lows.
SECTION 3. Members of the Legislature
and all officers elected or appointed shall. be-
fore they enter on the duties of their respec-
tive offices, take and subscribe the following
oath or affirmation: | , do
sOlemnly swear, that will faithfully discharge
and perform all the duties incumbent on me
as --, agreoably to the Constitution of the
United States and of this State and that since
the adoption of this amendment to the Consti.
IN, ! have not fought duel with deadly
wes nous within this State or out of it. nor
have / sent or accepted a challenge to fight
duel with deadly weapons, or aided or advised
" assisted ny person thus offending, SO help