The Placer herald., 1857-08-22
The Constitutional Convention.

Among the questions OF interest present.
ed to the consideration Of the people Of Cali.
fornia in the present canvass, is the one in
reference 10 calling convention to revise
the constitution Of the State. A correc-
ton Of the defects existing in our organic
law, has 50 far engaged public attention as
to cause the passage Of an act by the Leg.
isature, at its last session, providing for The
calling Of Constitutional Cows n,on if
in consonance with the views OF the voters
Of the State. The people are therefore
recommended to express their sentiment
on the question q: the coming election. 1t
will be necessary, to obtain revision Of
the Constitution, that majority Of all
the votes cast for members Of the Legis-
ature shall be given for Convention. This
viii require large vote in The. affirmative,
as al, votes not for Convention will be
counted against it.
1t is important that a too frequent charge
Of the Constitution of a State should be
avoided; that it should remain intac; until
its requirements failed 10 meet tho necessi.
ties of the people, and until an undispu,a-
ble reform can be effected. That our pres.
snt Constitution has proven inadequate
to the wants Of the State, has become
plainly evident, and a very general dispo-
sition has been manifested to apply the rem
edy. Perhaps in no county Of the State
has the subject been more fully discussed
and understood than in Placer, and we
believe the feeling iS generally in favor
Of adopting measure that offers oppor-
tunty to effect the desired reformation.
Our Judiciary system, which is cumbrous
and burthen to the citizens and tax. payers,
has been the cause Of long complaint and
seems most to require remodeliug. While
the legal fraternity more fully understand
the imperections Of the Supreme Court as
at present constituted, the whole people
are cognizant Of the inapt1ess of tho inc
ierior Courts in furthering the ends Of JUS
,ce, as it is evident they cause enormous
county expense, much loss of time to wit.
uesses and jurors, fail to bring criminals to
speedy trial. which results in the frequent
loss of important testimony and failure to
convict, AMI thereby weakens the confidence
Of citizens in the administration Of and
resp.c, for the US of the land. Injustice
is done to the people by filing our pris-
ons with criminals, who for long months
fail to receive the award of punishment
their miscleeds deserve; and accused persons
are wronged by not having early oppor-
tunity to establish their innocence of crimes
with which they stand charged. These
errors make our courts a by-word and Jest
and justice by many, is considered but
mockerv.
1t is not understood by the people why
County Court should have appellate jur-
isdiction, and only try civil causes, while
District Court should be ono Of first
instance and its jurisdiction civil and Grim
inal Nor why Court of Sessions should
only try criminal causes when the crime is
less than murdar, and the District Court
have cognizance of an offence only when
the punishment is capital These are dis
tinctions they do not understand, nor has the
utility Of the system yet been made apparent
The foregoing are some Of the reasons
why the calling of Constitutional convention
meets with tavor-a simpfcaton of the
Judiciary system is requred; We want our
fundamental laws suited to the age in which
we live; adequate to the protection Of society
and to the insurance Of good government
and sufficient to punish the acts of the
awless with promp.itude
1t is fact, within the observation of
all, that in California, the youngest State
of the Union, the Courts are almost con-
stantly in session. This does not speak well;
it is grievious falt, and the error is only
to be recti6e1 by revision Of the Consti
tuition. We require fewer Courts--less in
tricacy of the law, and a more prompt
administering Of Justice
The day Of election draws nigh, and it
is necessary that voters should consider
this well and not fail to express their op-
inion at the ballot-box. II the Convention
question fails, it will be from a failure of
such expression.
The following is the act recommending
the matter to vote of the people:
AN ACT
Recommending to the Electors to vote for or
against Convention to revise and change the
Constitution OF this State.
The People of the State Of California; repre-
sented in Senate and .4ssemtly do enact as
.foNotps:
SEC. l. The electors of the State are recon-
mended to vote at the next election for members
of the Legislature, TO be held on the first Wedncs-
day in September next. for or against calling a
Convention to revise and change the Constitution
of this State. The ballcts used at such election
may contain the words "For Convention" or
the words AZ gainst Convention" or words to
the same effect, written or printed thereon. And
the Inspector aud Judges OF Election ut each and