Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-01-31
VALUE OF CONSTITUTIONAL DEBATES

Since the press generally throughout the
State has commenced a discussion in regard
to the value of the preservation of the pro-
ceedings and debates OF Constitutional Con-
ventions, the following opinions are in point
as coming from two of the most distinguished
writers on constitutions this country has pro-
duced. Judge Jamson, in his work on "Con-
stitutlonal Conventions" page 416 says:
1t would be most niggardly policy which should
refuse the expenditure necessary to the preserva
ton Of most full and accurate reports of its de-
bates and proceedings. Upon this subject, how
ever, there has been slight difference Of in
different Conventions. In many Of the States vol
umes have been published containing both the
journal and the debates OF all their Conventions.
In others the subject seems not TO have been re-
garded as OF any consequence whatever and what
little has been preserved has been owing to the
private enterprise of the newspaper press. The
suit is that memorials Of the most important pub
lie bodies ever assembled in those States often
very meager, and more often confused and inaccu-
rate. Such policy is Penny wise and pound
foolish" In after years, when it has become i'm
possible to replace what has been lost, more
enlightened public opinion commonly finds cause to
regret paltry economy which deprives history of
It's most important data. 1t should be remembered
that conventions lay the foundations of States
many of which to rival the greatness and glory
Of Rome, of England and of France. In hundred
years from now what treasure would they not ex-
pend could they purchase Herewith complete
copies OF their early CONSTITUTIONAL recOrQS-uOcu
ments standing to their several organizations in the
same relation would the discussion of those an
Gent sages who framed the Twelve Tables Of the
Roman law to the Republic OF Rome.
When measures are under deliberation which rest on
principle alone the opinions of commonplace men
frequently of much value and likely TO be
quite original those of the most gifted debaters.
At all events it is emnently useful to public assem-
bly, to listen to the observations upon any subject
of many of various calings and unequal attain
mepts. If their thoughts are not generally pro
found, they often suggestive ; and, in delib-
erative body it is not much the remarks of those
who speak az the reflection upon them of those who
listen which ripen into measures. The truth Of
this is seen perusng the printed reports Of the
debates in our Conventions One cannot 90 through
the discussion of any important measure, in which
men of ordinary minds participated, without being
surprised to find fresh light constantly flowing
the subject from speeches which rot all the polish
ing Of the reporter could make otherwise than of.
fensiye to the cultivated taste.
Judge Cooley. in his work on "Constitu-
tional Limitations" in chapter on Con
strnction of State Constitutions, page 90,
says:
When the inquiry is directed to ascertaining the
mischief designed to be remeded, or the purpose
sought to be accomplished by a particular pro-
vision, it may be proper to examine the proceedings
of the Convention which framed the instrument.
Per Walworth, Chancellor, cOntant, vs. People,
Wend., 51S and Clark VS. People, &c Wend., 602 !;
per Bronson Jr., Purdy People, He'll, 81 ;
People We. N Y. Central Railroad Co, "a n. " 1876
Where the proceedings clearly point out the pur-
pose Of the provision the aid will be valuable and
satisfactory.