The Placer herald., 1858-03-13
SPEECH OF
HON. JAMES ANDERSON.

| ProViue ior Gazing convention to revise the
Constitution of this State.
"MR. FREsIDENr:-As have something to say in
explanation propose to do it at this time, and to
follow up that explanation by giving such reasons
as satisfy my mind that it is not only mn duty to
vote for law, which in some manner provides
ways and means for holding Convention to
change and revise the Constitution of this State
but the duty of every member on this floor. In
August last adopted, without giving the question
that consideration which is due to it, the newspa-
per view of the I'd section of the 10th article of
the Constitution; whenever | had occasion to
speak of the matter ! urged those persons who
desired the call for Convention to carry to vote
for it, because Il said) it night be that, by not
voting, they would be counted against it, Per-
haps that idea obtained credit in the Seventeenth
District (Placer); for, by reference to the returns
it will be found that it gave the largest proper
tiOnate majority in favor of the Convention of
any district in the State. Had it been so under
stood by the people at large in other parts ! be-
lieve the results would have been similar. When
the 'eturns came in from the State generally.
su ,sed. and SO expressed myself. that the Con-
ven on was lost; and it was not until since my
Arrival at the capital-since, with the lights that
have been cast on the subject from various sour
ces-after examining the facts and arguments pro
and con-, comparing the case in hand with prece-
dents both here and elsewhere-that l have been
forced. against my former committal, despite of
my pride of opinion and in the teeth Of consslen-
cy, to alter my conclusions 1t is due to the i'm
mediate constituency who have honored me with
place in this body. that / should thus plainly
state the facts. 1t is said, Mr.. President that it
requires more true moral courage to acknowledge
an error, than to stand up stubbornly, and at
least attempt to fight it out. And. sir, / believe
that it is true. But. sir | feel that it would be
far more humblng to my pride and sense of self
respect to compromise with my vanity, by know
i am acting here: by tampering with my oath of
office, upon question more of law than expedi-
ency For this reason prefer to stand ri ght upon
the record, and let the future. far my fate is
concerned. take care of itself Perhaps those
who know me best. who have known me longest,
will treat my motives more leniently than l am
induced to believe the Senator from Alameda
will: perhaps those who are nearest and dearest
to me may not attribute to my action here narrow
and improperly selfish motives-will not accuse
me Of moving in this direction from the whisper
ngs of ambition. Thus much sir. in relation to
my individual self Let proceed to eX-
anime the question under debate: Shall the bill
become a law? The necessity for radical change
in our primary law became apparent to the
people that they, acting through the properly
constituted authorities, the Legislature of 1857,
passed an Act recommending to the electors of
the State to vote at the next general election.
for or against calling a Convention to revise and
change the Constitution. | am not surprised that
the people and the Legislature held such change
necessary to that instrument for not only does
our judiciary require to be greatly modified and
shorn of it's cumbrous. complex unwitdly proper
tions. but we have the evidences of our daily eX-
perence that we are living under the most eXpen-
sive government known to American citizens
system has grown up under the existing COnstitu
tion which has brought bankruptcy and ruin to
the very threshold OF county and State: and that.
lavishly to the public Golfers; with the course of
justice clogged by unnecessary delay and expense,
until respect for the mandates of the Courts is
much impaired; with bankruptcy and ruined cred
it hanging in threatening clouds over our State
Government and its subordinate branches thereof,
is it strange the people should demand, for the
purpose. and in the name of good government,
this opportunity to make change? These re-
marks 20 to the necessity which induced action
originally in the premises. ] allude to them
passant, simply because we had two hour speech
yesterday upon these matters; they do not go to
the gist of the matter under discussion. The vote
upon the law, when passed. exhibits most extra
ordinary unanimity of sentiment; two-thirds of
both branches of the Legislature combining to
give the Act validity. OF those who voted for it
in the Senate. find some of them yet remaining;
they are. Messrs Carpenter Ferguson of Sierra.
Goodwin johnson, of Sacramento Merritt Soule,
and our President, Mr.. W9kup; (see Senate Jour
measure in the Assembly, and have since obtained
seats upon this floor, I find Messrs Burch, Holden
Phelps and Rogers (see Assembly Journals, page
57S) will not do these gentlemen the injustice
to suppose, for one moment, that they. whilst Oc-
cupying exalted stations, engaged in playing off
a farce in derisiOn of the acknowledged sentiment
of the people-that they at that time enacted a
law intending that it should have no force-no
effect. The bill did not pass both branches of the
Legislature until the goth of March; it was intro
duced the very first bill in the Senate; they had
then full time to examine it, in all its bearing,
and doubtless did so Let me ask those Senators
if they have, since then thought that this law is
unconstitutional because that conclusion must be
arrived at. before he who votes against the pres
ent measure can consistently. and, as think con-
scientiously cast that vote. ! do not know the
position all of those gentlemen propose to take,
but hope to hear from them before the question is
finally disposed of. This bill, when the Lcgisla-
ture had acted upon it, went TO the Governor;
and after ten days deliberaton-it is approved
March 3lst-he approved it, and the people be-
lieved law had been enacted. That is the point
the legal question, we are required to decide
upon. If the Act of March 3lst shall be decided
by the Senate to be free from constitutional OBJ
jections, then it is our bounden duty to provide
for the Convention by adopting the proposed bill,
as it now is, or in some amended form. This
Act have before me, which reads as follows:
SECTION 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 Wednes
day in September next, for or against calling
Convention to revise and change the Constitution
of this State. The ballots used at such election
may contain the words 'for Convention, or the
words against Convention" or words to the
same effect, written or printed thereon. And the
inspector and judges of election at each and every
poll in the State shall ascertain and make returns
of the number of votes cast in favor of Convent
ton. and the number of votes cast against Con-
vention as aforesaid, in like manner, and with
the same particularly. as other votes are requir-
ed by law to be counted and returned; and an alb
stract thereof shall be sent by each and every
County Clerk to the Secretary of State, in the
same manner and at the same time that votes for
members of the Assembly are by law required to
be sent,
SEC. 2. The Secretary of State shall prepare
and lay before the Senate and Assembly, at the