The Placer herald., 1858-03-13

ent upon the vote upon distinctly different pro-
position? How is it gathered from the language
or spirit of the Constitution? Yet this is the pro-
position that the opponents of this bill seek to
establish. Oh, say our opponents, the words "such
election" in this Constitutional clause do not
mean the choice upon the Convention question.
but refers to the vote upon other matters and,
therefore, it is clear you are wrong. Now if this
was true, how easy would it have been for the
trainers of that instrument. instead of saying, 'f
it shall appear that a majority Of the electors
voting at such election" etc. to have cleared oil
doubts. by adding the words, "for members of the
Legislature" The conclusions that different
minds arrive at on reading this part of the Con-
sttution are so Numerically opposed to each
other as to force the conclusion that the cause is
anything but clearly in favor of the nerpreta-
tion of the opponents of this bill. Judge Nc
kinstry. of the Seventh Judicial District, in
1854, long before the topic now before the Senate
was thought of being mooted, in learned opinion.
in decision involving exactly the same point,
SAID that such construction 'was unusual and
arbitrary" whilst that sought to be enforced by
myself and others here twas natural, reasonable.
and In consonance with the spirit of the law In
the course of his reasoning this same learned gen
tleman remarked quite truly, that 1.-The Constitu-
tlon of this State was adopted by a majority of
those who saw fit to vote for or against it. and
became the supreme law to us all. All State and
county officers are chosen according to similar
rule, the voters who remain silent Icing suppos-
ed to acquescc in the opinion of plurality of
those who speak," And sir. ! say, in still stron-
ger illustration of the absurdity of their con-
structon. that should this bill pass, and Con-
venton act. their work will be submitted at
special election at which there never is expected
a full vote; and simple majority of those who
may vote for or against the new amended COnsti-
tion, although the aggregate number be not one
fourth the electors of the State, will adopt or re-
iect it the supreme law of the land. Accord
ing to the forced construction of these gentlemen,
no man is allowed to be neutral upon the simple
proposition to call Convention whilst upon the
more vital question of adopting or rejecting
charter to govern the State and fix the character
of her institutions Git may be) for all time to
come. three fourths of the electors may stand
aloof. Is such an argument to be dgnfed with
the name of reason? But suppose. for the sake
of argument-not that it is true--we admit that
the point is, indeed doubtful; ought not the peo
pie to have the benefit of that doubt? What says
the twenty-first section of our Declaration of
Rights: This enumeration of rights shall not
he construed to impair or deny others retained by
the people," Glance now at the second section
of the same article, and what do we find? "All
political power is inherent in the people. Gov
ernment is instituted for the protection security
and benefit of the people: and they have the ri ght
to alter or reform the same, whenever the public
good may require it, In view of these prov
sions to guide us in the proper exercise of our
duty herein would Senators feel themselves just-
fed in cloggng the way of the people. upon
miserable qubble-to the exercise of this inherent
right? Sir others may take that course If they
please. but as for me, cannot reconcile it to my
conscience If the bill before the Senate does
not suit them in its details, amend it until ii does
give in some form. the same privilege TO the pco-
pie, that in England and all over this Union. is
conferred upon the most crime hardened wretch
that may be brought to the bar-the benefit of a
reasonable doubt Mr.. President have shown
that the Act of 1857. was deliberately enacted by
! the Legislature; that it was held ten days under
advisemcnt, by the Governor, before approved
we know that the people have acted upon it; that
n majority of those voting upon the question
desire Convention: that all parties that have
acted in making this law must have given the
Constitution the same construction that the friends
of this bill now do. ] have, believe, shown that
any other construction of it would be impractical
BILE and nconsistent-that all precedent is in favor
of this view Of the Constitution and law; and now
| sir, it must and does follow as necessary corro
| lary-that it is our duty to provide by law for
holding a convention There is but one objection
that could be urged and that have not heard as
yet-the expense. The bill before rs appropri-
ates $4,000, an ample amount. as conceive, for
the immediate purposes; half that sum was ex-
pended in one year, in frutless attempt to
amend the present Constitution by the Legisla-
ture. And now. sir just here, wish to remark,
that leading objection with all minds is the ex-
isting judiciary system. All American Govern
ments are divided into three distinct branches-the
Executive. Legislative and judicial Is it right
and according to the spirit of institutions for
| one of those branches. to undermine, override,
obliterate or greatly change coordinate and
| totally independent branch Of the Government?
Then, sir, you have no remedy by amendments
through the Legislatures; il cannot, without vic
lence to principle, be done; and experienced Leg
islators in this State tell me. it is impraccable.
But, sir to the cost, if it should require $4,000
it should not be an obstacle in the way of this
most desirable opportunity of reforming the abu-
ses under which we labor, and, a matter of
fact has nothing to do with our duty here upon
the main question. But the Senator from Ala
media has seen ghOst-nay two ghosts the first
one came with painted brazen frontlet; but not
all the gaudy daubing art can invent could hide
from his prying eye the deaths head and bloody
bones He tore off the mask, and exposed to our
astonished gaze, the rags, rottenness and ruin of
a horrible bank! OH horror of horrors! when
shall we be better prepared to meet and throttle
the monster than now? Will it be in after years.
when wealth has concentrated in comparatively
few hands; when chartered societies, such as the
Senator has been voting for this sesson--thc ma
tural kindred of banks-shall wax fat and strong,
and all combine to give existence to- and bring
about this horrible demon of rags? Sir, when
that fight comes off, ! hope to be in at the DEATH
for he is not so much opposed to banks as | am;
and the best way, as | think, to avoid them is
to have the Convention now. But will not an
ticipate The action of a Convention. The second
ghost came in the deep watches of the night, when
the lights burned blue and sulphurous and hor-
rid stenches offended his nasal nerves. 1t was an
old acquaintance-a familiar Of time past. 1t
came wrapped in the cerements of the grave,
where it had been laid long since by the people
of California. 1t was not the ghost of Banquo,
of which he spoke in beautifully rounded periods;
no, sir, it was the ghost of-Sambo The putrid
carcass of nggerism is dragged into the Senate
thay, In iOhf thar
disturb our deliberations by the clanking of its
chains Thank God, this sable spirit has not the
power to bleed or, instead of hearing 80 much
of 'bleeding Kansas" we should talk of nothing
but bleeding California. Senators. let us dis
charge our duty fearessly, without favor or hope
of reward; let the future take care of itself in
this matter. Let us fulfill our duty for the pres
ho1r aln To hIaff