The union Democrat., 1870-03-12
Convention OF the states. !.

On the 4th, inst. Hon. j. W. Vaudeville,
introduced in the Senate of this State the
following resolutions, which were ordered
printed and referred to the Committee on
Federal Relations.
WHEREAS, Ii satisfactorily appears 70 the
Legislature Of the State of California,
in Senate and Assembly convened. that
the ratification of the so-called Thir-
teenth. Fourteenth and Fifteenth Amend
meuts to the Federal Constitution has, in
several instances, been obtained by means of
coereive conditions imposed upon the States
ratifying. and serious doubts must necessari-
ly arise as to their legal validity; that it is.
in toe highest degree inexpedient that doubts
should exist in reference to the validity of
any clause of the fundamental law: that
such. nevertheless. must be the case as long
as the present practice is persisted in of
amending the Constitution by vote Of Con-
gress. and exactinS ratification as precedent
tn the restoration of rights of which no State
could ever be lawfully deprived that since
the spirit of innovation is still abroad. we
have every reason to anticipate that other
amendments. equally radical in character
with those already referred to. will be declsr-
ed to be parts of the Constitution in the same
Objectionable manner, unless the people shall
interpose to prevent it; and whereas, in the
opinion of this Legislature, the trainers ofthe
Constitution, in providing two modes of
amending that instrument, obviously intend
ed that tie mode adopted in any case, should
correspond with and bear some proportion TO
the importance of the amendment proposed,
that ms respects matters of formal and COM
paratively unimportant character. they were
content to delegate the power of amendment
to Congress, conjointly with the State Legis-
latures &; that, on the other hand. as respects
amendments of q fundamental character
which seriously affect the relations existing
between the Federal and State Government,
which curtail or impair the reserved powers
of the inherent rights Of the people, they as
clearly intended that the power of proposing
amendments should reside in Convention of
the people of oil the States, and the power of
ratification in Convention of the people of
each of the States that when the proposed
amendment is Of great Importance. and resort
is had to the congressional and legislative
mode, the people are deprived of voice in
what may work complete and organic
change in the framework Of our system, and
our institutions thereby be wholly subverted,
not only without the assent of the people, but
in direct opposition to their manifest will !;
and whereas, although this Legislature is
content with the Constitution as it has hereto
fore existed, believing that so long as it's pro-
visions are properly construed, and its limita-
tons respected, Federal authority cannot be
endangered. nor States, nor citizens be op-
pressed vet it is fully conscious that recent
events in our history have gone far to obscure
or even oblterate the lines dividing State
from Federal jurisdiction and authority, as
well as those separating the functions and
powers of each of the departments of the Fed
eral Government from those of the other. and
is also conscious that such lines of division
ought again to be established and clearly de-
fined that the unlimited pcwers now claimed
by Congress should be curtaied and restrict
ed within proper bounds that particularly
in laying imposts, or imposing other taxes,
it should be restrained by the letter, as it has
ever been by the spirit cf the Constitution
from sacrificing one State or section to the
interests or avarce of another that barriers
should be erected against its interference With,
or dictation to, the executive and judicial de-
partments of the Government, and that those
coordinate members of our system should be
restored to their pristine dignity and indepen-
dence that limits should be assigned to the
power of amendment itself, lest by means of
this subsidiary and subordinate power the
Constitution may by degrees be frittere6 away
and our Government be subverted. without a
single appeal to the people-the source of all
power--for their assent, and lastly that the
doubts entertained respecting the validity of
the recent amendments should be disolve and
forever set at rest by the paramount authori-
ty of the people; therefore, be it.
Resolrtd by the Senate and Assembly,
That the Legislature Of the State of Califor-
MIA does hereby make application to the Con-
gress of the United States, in pursuance of
Article Y. of the Federal Constitution, to call
Convention, to be elected by the people of
the respective States, for proposing amend
ments to such Constitution-the call to be
made as soon as sufficient number of States
shall concur in this application, and the Con-
vention to assemble as soon thereafter as may
be.
Resolred, That this application be commu-
nicated to the Congress of the United States,
and to the several State Legislatures, and
that each of such Legislatures is hereby ear
nestly requested on behalf of the State of
California tc concur in the same.
Resolred, That his Excellency the Cover
nor be and he is hereby requested to trans
NIT certified copy of the foregoing applica-
ton to the President Of the United States, to
each house of Congress, and to each of the
Legislatures of the respective States, and
that our Senators and Representatives in
Congress be also furnished with copy there
of.
DISTRICT CouRr CALENDAR.-The following
cases are on the District Court Calendar for
the March Term.
S. Norwood vs.. j. Monohan.
j. d. Murphy vs.. John Carlon wife.
A. B. Preston vs.. Knox & Boyle ct ais.
Robert Marshall vs. D. Davidson ct ais.
Thomas Geek vs.. D. Davidson ct ais.
j. B. Hiskey vs.. P Smith.
Gold Mount Water Co. VS.. Jos. Phelps ct
ais.