to make objection; but I understand there are three reports already before the Convention, and the report of the Committee on Preamble and Bill of Rights is one which I understand will take considerable time to dispose of. Now, if there is any reason why we should not get to work in the Convention, I will cheerfully vote for this proposition; otherwise I suggest that it is about time that we commenced work in the Convention. THE PRESIDENT. The Chair will suggest that all matters must be first considered in the Committee of the Whole Convention. The Preamble and Bill of Rights is made the special order for to morrow. MR. MCCALLUM. I would like to have it understood, for other construction is given to it. I understand the Chair to say that we can go into Committee of the Whole, notwithstanding the motion that has been made? THE PRESIDENT. Yes; it does not affect anything before the "reports of committees." MR. MCCALLUM. All after the sixth subdivision. the amendment will be adopted to include the ninth subdivision-that THE PRESIDENT. The question is on the motion of the gentleman from Sacramento, Mr. Edgerton, to suspend all of rule seventeenth after the seventh subdivision until Monday, November fourth. MR. MCCALLUM. I rise to a point of order, that this requires a two-third vote. MR. ROLFE. I seconded this motion in its original shape. I shall now vote against it because it includes the seventh subdivision, in relation to the introduction of propositions. I think we have got more propositions now than ten Conventions can manage, and think we should cut them off as soon as possible. The ayes and noes were demanded by Messrs McCallum, White, and MR. WINANS. The object of that motion appears to me apparent on its face. It is evidently intended to enable the committees to have time and opportunity to act. As the Convention is now constituted, if it proceeds with the discussion in the Committee of the Whole, of articles, or propositions of articles, of the proposed new Constitution, it Ayers, will necessarily and naturally occupy all the time that is usually Biggs, employed during the day by committees, and thereby directly exclude Blackmer, committees from going on with the discharge of their duties. There Chapman, would be no opportunity for committees to sit, because they are strictly Charles, prohibited from sitting while the Convention is sitting, and therefore it Cowden, would be impossible for the committees to get ready in time. This is Crouch, intended to give the necessary time to the committees, which are faith- Edgerton, fully at work, and which are all conceded to be diligently prosecuting Graves, the duties confided to their charge, which they cannot do if the Con- Gregg, vention is continuously in session. In other words, the virtual recess of Hale, the Convention during the afternoons for one week was not long enough. But one committee has made a final report, and there are thirty committees in all of this body. They must have time to work with such care as to make their work proper to be presented to this Convention. They cannot do it if we go on with the consideration of these reports now. It is out of the power of man, however assiduous they may be, unless more time is given; and I do hope, sir, that in view of the necessity of the case, in view of the importance of our movements, in view of our having first initiated that which must yet exist, that this motion will prevail. If this MR. MCCALLUM. I suppose one thing we must agree on. day, so that committees can meet in the afternoon. MR. EDGERTON. I accept the amendment. MR. TINNIN. I offer an amendment: to include the ninth subdivision-that is, the special order. MR. EDGERTON. I hope the motion of the gentleman from Trinity, Mr. Tinnin, will not prevail. Now, sir, there is a great deal of business in the committees. My committee is not more than half through with its labors, and when this discussion commences upon such important matters as this report of the Committee on Preamble and Bill of Rights all of these gentlemen desire to be here, and they do not desire to be here and participate in the discussion after they have been through the details and drudgery of committee work. I do not see any particular reason why the discussion should commence on that special order to-morrow. The object of my motion is to facilitate business, and enable the! committees to complete their labors and get their plans submitted here. I hope the amendment will not prevail. MR. TINNIN. My object in offering this amendment is to have some time for this body to get to its labors. We have been here now four weeks, spending the time in discussing about the employés and offering propositions. Now, sir, one of the committees of this body has made its report. That report is before this body, and, sir, it is high time that we should begin to consider that report, if we expect to complete the labors of this body within the one hundred days. It seems to me to be thoroughly fallacious that time is necessary for committees to sit hereafter in the daytime. We know that adjournments are continually advocated in order to sit on committees. What is the result? After the adjournment is made, if you would call the roll at the railroad depot, or on the cars going to San Francisco, you would find a majority of the members there. We have all seen it, and now I say to the members here it is ample time that we should do something. If this continues the same, there will be delays asked all the time, and we might as well commence now as any other time. I am opposed to including the seventh subdivision, in reference to the introduction of propositions, but I hope that Andrews, Barton, Beerstecher, Bell, Boggs, Dudley, of San Joaquin, Lavigne, Garvey, Mills, Moreland, LEAVE OF ABSENCE. West, White, Wilson, of Tehama, Joseph Ramsey, a citizen of the United States, and a resident of Shelbyville, Bedford County, Tennessee, to the delegates composing the State Constitutional Convention for the purpose of revising, altering, or amending the organic law of California: Although a non-resident of your State, I would respectfully submit to your consideration the inclosed plan and form for a State Constitution, or organism. You will readily see there is some radical and unprecedented changes from the Federal and State Constitutions. In the first place, you will see I have dispensed with population and territory as a basis for representation, and have substituted important interests, and election districts, and have incorporated the concurrent instead of the numerical majority, simply requiring the vote to be taken by committees, requiring two thirds of the members of any committee to enable their vote to count, and two thirds of the committees to pass any bill, law, rule, or resolution. This provision applies to the judicial as well as the legislative department, hence you will see that it necessarily dispenses with a separate house called a Senate, also the Governor's veto, both of which was only intended as negative powers. That power is now more perfectly and economically applied by the exercise of the concurrent majority. Are not the labors of your session of more importance than an ordinary session of the General Assembly, whose acts can be repealed at a succeeding session? You will find that these important interests on which each can protect itself, will be as homogeneous as the different members of the human body. That antipathy and antagonism always manifested between rival political parties, which are continually striving for the ascendancy, and each, when they gain the ascendancy, is as absolute and tyrannical as any monarchy in the world. This concurrent principle applied to the important interest above named will not only expel, but will annihilate the demon of party spirit, which is the legitimate offspring of an inherent defect in the numerical majority principle. Although not so simple, is far safer, as much more so as our trial by jury system is to be preferred (although it requires the unanimous concurrence of all twelve to render a verdict,) to a one man power. There is many more reasons and illustrations I could give if I had room and time and you had patience. Although my magazine is small and my artillery light, yet my ammunition is neither exhausted nor diminished. With truth and sound philosophy to back me, I feel that my bulwarks are as formidable as the walls of Gibraltar. If further information is desired, address JOSEPH RAMSEY, Shelbyville, Tennessee. P. S.-Would be glad some member would inform me how the plan is received, and what objections are offered. J. R. THE PLAN. A Plan containing the Elements and Cardinal Principles for a State Government, viz: We, the people of the State of California, bounded as follows (here give the boundaries) do hereby adopt, ratify, ordain, and proclaim the following (covenant) Constitution as the fundamental law of the State: Said government shall be known and designated as a Democratic Republic, containing three independent and coordinate departments, each sovereign in its sphere, so that no one shall exercise the powers delegated to the others. The legislative department shall be chosen by the qualified voters of each division of election district, without regard to population or territory, in the following manner, viz.: The State being divided into three divisions (called election districts), and that each of the following named Leave of absence was granted to Mr. Strong for one day, on account interests, viz: Agricultural, manufacturing, mechanical, commercial, of sickness; to Mr. Holmes, on account of sickness. transportation, mining, educational, grazing, and professional, shall be entitled to an equal representation of their own selection. Each of the nine (9) interests above named shall be entitled to three (3) representatives from each (division) district, allowing each thus to have nine (9) representatives constituting the Legislative Council of eighty-one (81) representatives, these eighty-one representatives shall constitute nine (9) standing committees. Before entering upon the discharge of the functions of their office they shall each subscribe their names to the following affirmation, oath, or obligation, viz.: We, the undersigned, residents and taxpayers of the City and County of San Francisco and adjacent towns, having noticed with much satisfaction the introduction by Mr. Beerstecher, from this county, to your honorable body, of a bill exempting from taxation, to a certain amount, the property of deaf and dumb and blind persons, do earnestly commend the same to the early and favorable consideration of your honor-me, and that I will not knowingly usurp and exercise powers not clearly able body, believing it to be a just and proper measure; and should the same become a law, it would redound in an eminent degree to the credit of our State and people. San Francisco, October, 1878. Accompanying the memorial was the following extract from the "Wasp," of April twenty-seventh, eighteen hundred and seventy-eight: "A SUGGESTION. "A Constitutional Convention will soon be held, and various changes in the organic instrument will doubtless be made. There is one that we desire particularly to say should be considered. There should be a clause inserted relieving the blind, deaf, and dumb from the burden of taxation. There are several of these unfortunates in this city and State, who are doing their best to keep out of the public institutions provided for their support by the State. The blind and deaf have a hard lot at best, and the people of the State of California should be magnanimous enough to let the poorer portion of her afflicted citizen go untaxed. Moreover, it is really to the interest of taxpayers; for the blind, deaf, and dumb must be supported in any case, and it is much better to give them the opportunity of supporting themselves, and thereby retaining their manhood and self-respect, than to force them into charitable institutions by taxation. The aggregate taxes paid by this class of citizens is very small, but it is a vital consideration to them, and the law under which they are now taxed should be repealed. It would be an act at once of generosity and good policy, and an incalculable assistance to these afflicted individuals. We hope the gentlemen who may be called upon to draft the new Constitution will give this matter their atten tion." COMMUNICATION. The following communication was received: I, A. B., solemnly pledge my word upon the sacred altar of my honor that I will faithfully discharge the duties and obligations imposed upon delegated to me, and that I have not given money or any valuable thing to procure my election, nor promised to give or bestow any official favor on any person for their support, and if on conviction I submit my body, powers, and privileges, to such penalties as the law and Court may impose. Signed, A. B. And when such representatives thus chosen and assembled, at the time and place specified, and have signed the above obligation, they shall proceed to organize by the election of a presiding officer, styled Speaker or Chairman, a resident citizen of the State, and such other clerical officers as are necessary to complete their organization, such as clerks, secretary, comptroller. All shall be required to subscribe to the obligation above set forth; but no man shall be held ineligible of account of nationality, race, color, or religion. The legislative council shall likewise elect a chief executive officer, styled Governor; all of whose tenure of office shall be regulated by law, likewise the salaries of each and all; but no salary to be increased or diminished during the term for which they were elected. Each representative member will be required to present a certificate of the Judges who held the election and counted the votes, that said representative is entitled to his seat; but should there be a tie vote, the same constituency shall hold another election, and when qualified shall hold their office for years, and until their successors are elected and qualified. In the passage of all laws, rules, regulatious, and by-laws, and all elections shall be taken by the com- consent. Theft shall consist in taking the property of another without his or their knowledge or consent and appropriating the same to his use, or fraudulently having concealed the same. Drunkenness shall consist in the use of intoxicating drink so as to disqualify the person for the time being to intelligibly discharge the duties of his official position. When a vacancy shall occur in the legislative department by death, resignation, removal, or otherwise, the interest to which he belonged shall as soon as possible proceed to supply his place, the Governor giving notice of such vacancy. The time of the convening and adjourning shall be regulated by law; convening once in two years, and on extraordinary occasions the Governor may convene them, and when convened he shall state the object and purpose for which they were convened, and they shall entertain no other question whatever. Should a miscellaneous question arise, then each one of the nine committees shall select one of their number, and they (9) shall compose a committee on said miscellaneous question, and report as any other committee to a Committee of the Whole, and shall be disposed of as any other question; and all laws, bills, rules, and regulations shall be signed by the presiding officer and Governor, and be attested by the clerk. II. The judicial department shall consist in one Supreme Court, composed of three Judges or Jurists, one from each division of the State known as an election district. Said three Judges shall be chosen or elected by the Legislature, who shall vote by committees, each committee counting one vote, and two thirds of them concurring necessary, and two thirds of the committees necessary to a choice; they shall be elected and hold But should the people conclude they had delegated more power than was safe or necessary, and two thirds of the people should express themselves that way by two thirds of their representatives having clearly stated the power they wish reduced, then said amendment shall be adopted and incorporated as part and parcel of the Constitution. But in no event shall more than one change be proposed at any one time. The legislative department shall have the entire control of the elective franchise. All power not herein delegated shall be reserved to the people from whence it came. REPORTS. MR. LARKIN made the following report from the Committee on Privileges and Elections: MR. PRESIDENT: Your Committee on Privileges and Elections beg leave to report as follows: That proposition number sixteen, by Mr. Johnson, be indefinitely postponed; that proposition number eighty-eight be referred to the Committee on Executive Department, and that propositions number one hundred and eight, by Mr. Grace, number one hundred and ninety-nine, by Mr. Freeman, be referred to the Committee on the Right of Suffrage; and that number two hundred and ten, by Mr. Lindow, be referred to its author for segregation. The report was adopted, and the references made as recommended. PROPOSITIONS AND RESOLUTIONS RELATING TO THE CONSTITUTION. THE PRESIDENT. Propositions and resolutions relating to the Constitution are now in order. IN RELATION TO CORPORATIONS. MR. ROLFE introduced the following proposed amendment of section thirty-one of article four of the Constitution: ARTICLE IV. SEC. 31. Corporations may be formed under general laws, but shall not be created, modified, abolished, or changed in any manner by special Act, except that counties may be created or abolished and their boundaries defined or changed by special Act. All general laws and special Acts passed pursuant to this section may be altered from time to time, or repealed. Referred to the Committee on City, County, and Township Organi zations. ELIGIBILITY OF OFFICERS. MR. EVEY introduced the following proposed amendment to the Any person elected to a State office, either executive, legislative, or EXEMPTION OF PROPERTY. MR. EVEY introduced the following proposed amendment to the Con their office for years, and until their successors are elected and quali-stitution, in relation to exempting public highways of this State from fied, and shall be eligible to reelection one more term. taxation: This Supreme Court shall be termed the guardian protector of the reserved rights, and shall exercise original and appellate jurisdiction, and from their decision there is no appeal; they shall decide all ques-to tions of a constitutional character. The legislative department shall likewise have power to establish such other inferior judicial tribunals, in such manner and with such powers as they deem necessary and proper. The right of trial by jury to remain inviolate. III. The executive department shall consist of one chief executive officer, styled Governor, elected as provided by the foregoing provision. It shall be his duty to see that the law shall be faithfully executed. He shall likewise have power to exercise executive clemency, when persons have committed crimes against the peace and dignity of the State, and when the Court and jury who tried the case shall concur in recommending the criminal to executive clemency. He, with the Comptroller and Treasurer, shall constitute the State's financial agent in the adjustment of her financial business. It shall likewise be his duty to report to the Legislative Council, at its regular sessions, the condition of the State and its different departments, and to recommend such measures and policy as he thinks will promote the happiness and prosperity of the State. Resolved, That the Committee on Revenue and Taxation be instructed inquire into the propriety of exempting all lands from taxes in the public highways in this State. Referred to the Committee on Revenue and Taxation. But he shall have no power to arrest their laws by his veto. In case of a vacancy in his office by resignation, death, removal, or otherwise, the presiding officer of the legislative department shall fill the position. When the regular session of the General Assembly shall convene, then the presiding officer shall fill the unexpired term by the election MR. HERRINGTON introduced the following proposed amendment of a successor, which shall be the first business they attend to, and a to the Constitution, relative to revenue and taxation: vacancy in any other department shall be filled in a similar manner. The Legislature shall provide by law for the publication The Legislature shall have no power to pass any ex post facto law of all delinquent lists of property for State and county, city, city and which shall impair contract, nor no law to apply to crimes and mis-county, town, village, and district taxes, so that all such delinquent lists demeanors committed prior to the passage of such law, nor to make any shall be published (and posted) at the same time, in the same manner, decision a precedent and of legal authority that was rendered in any and for the same period. The Legislature shall also provide a special case subsequent to the origin of any suit pending in any Court. time at which the sales of all property for any such delinquent taxes Amendments to this Constitution may be made for two purposes and shall be commenced in each year, and a period within which such sales in two ways: one for the purpose of enlarging the powers delegated, shall be completed, and the places at which such sales shall be made. the other for reducing the powers delegated. Referred to the Committee on Revenue and Taxation. In the first place, the legislative department shall be of the opinion their powers are so restricted that it impedes their usefulness, and that it could be enlarged without danger to the rights of the people, and should pass a resolution in clear and unambiguous terms, the powers they ask to have extended, and submit the same to the next ensuing election for ratification or rejection, and if a majority of two thirds of the different interests shall concur, the same shall be incorporated as part and parcel of the organic law. BOARD OF PUBLIC WORKS. MR. DOYLE introduced the following proposition, to establish a Board of Public Works for the City and County of San Francisco: SECTION 1. A Board of Public Works shall be established for the City and County of San Francisco. SEC. 2. Said Board shall consist of three Commissioners, who shall be elected by the people at the next municipal election for other city and county officers. SEC. 3. The salary of each of said Commissioners shall be three thousand dollars per annum, and said Commissioners shall not be eligible (while acting as such) to hold any other State, Federal, or municipal office. SEC. 4. The term of office of said Commissioners shall be the same as that of other municipal officers, to wit, two years. SEC. 5. The said Board shall have full and exclusive control of all street improvements for the said City and County of San Francisco; shall advertise and invite bids for street work, make all necessary contracts on behalf of said city and county, and exercise all the functions and powers now by law vested in the Superintendent of Public Streets, Highways, and Squares of said City and County of San Francisco. SEC. 6. The power of the Board of Supervisors of inviting bids for street work, and ordering such work done on behalf of the said city and county, are hereby revoked, and all said powers of said Board of Supervisors are hereby vested in the aforesaid Board of Public Works. SEC. 7. The office of Superintendent of Public Streets, Highways, and Squares, is (at the expiration of the term of office of the present incumbent) abolished. SEC. 8. The said Board of Public Works shall also have full and exclusive control of the management, completion, and erection of all public buildings for the use of said city and county now in progress, or hereafter to be erected for said city and county. SEC. 9. The authority of the Commissioners appointed for the superintendence and management of the construction of the new City Hall, in said city and county (at the expiration of the term of office of the present and existing Commission, to wit, at the municipal election for city and county officers, September, eighteen hundred and seventynine), is hereby revoked, and the said Commission shall hereafter be abolished. SEC. 10. No Commission (other than the Commission created by this resolution) shall hereafter be appointed or created for the superintendence, management, or control of any public buildings or public works, to be hereafter erected or done for the use and benefit of the City and County of San Francisco. Referred to the Committee on Legislative Department. MEMBERS OF CONSTITUTIONAL CONVENTIONS. MR. SHAFTER introduced the following proposition, amending article ten of the Constitution: That article ten of the Constitution be so amended that membership in Constitutional Conventions, to be hereafter called, shall be confined to the qualified electors of this State; and in all elections provided for in said article ten, the right to vote shall be confined to such electors. Referred to Committee on Judiciary and Judicial Department. MR. PRESIDENT: In the Constitutional Convention, on Friday, October twentyfifth, eighteen hundred and seventy-eight, on the question of the eligibility of Hon. Eugene Fawcett to a seat in this Convention, Mr. Vacquerel spoke as follows: "There is not one delegate of San Francisco here that has not violated his oath to the party, and that is prior to the oath he took in this hall. If these gentlemen will remember the oath they have taken in San Francisco they will remember that it says they will not vote for or support anybody who has not affiliated with the Workingmen's party." In the same speech Mr. Vacquerel refers to me personally: "I hold the reports of one of the sessions of this Convention, and what do I find, That no right is denied, unless the right of the will of the people.' 'We also desire floor that have sustained these principles, go right against it to-day," etc. to have the right of the people recognized.' Now, when I see gentlemen on this Mr. Vacquerel, in making this statement in open Convention, committed a grave error, and was wholly mistaken as to every portion of his statement. I desire to show on a question of privilege that no oath or pledge was taken, of the nature and effect as stated by Mr Vacquerel, and that the Workingmen's party is not bound by an oath, nor are the delegates thereof, nor by a pledge in the manner stated. October 29th, 1878. MR. BEERSTECHER. BEERSTECHER. involves a question of privilege. The gentleman will proceed. THE PRESIDENT. The Chair is of the opinion that the matter Mr. President: Rising to this question of privilege, it is with no feelings of hostility against the gentleman from San Francisco, Mr. Vacquerel. But I do so for the purpose of giving that gentleman an opportunity of fully explaining what he meant by what I have just called the attention of the Convention to, in the reading of the points upon which I base this question of privilege. gentleman mistaken, but, being a foreigner, and therefore not thorMr. Vacquerel was undoubtedly mistaken, and not only was the oughly conversant with the English language, in his expressions made before this Convention, he undoubtedly made use of such words intended to convey. I have no doubt at all but what the gentleman and such phrases as conveyed a different idea from that which he intended to make a statement of facts as they really existed. But I find upon the Journal of this Convention an entry that Mr. Vacquerel, on the evening of the twenty-fifth day of October, rose for the purpose in relation to his statement in regard to the oath taken by the Workingof making an explanation. The Journal says, to make an explanation men's party. I will read it: "MR. VACQUEREL. Mr. President: This afternoon it appears that I have made cisco delegation have stated to me that they have not taken any oath to the Worka false statement. I wish to rectify it. As a good many members of the San Fran. ingmen's party, I stand up, sir, to apologize to my colleagues, as it appears that an oath and a pledge have a very different meaning. I, sir, acknowledge having taken pledges and having violated them, thinking it would benefit the people. It shall not occur again. But, sir, in explanation to myself, I still maintain that if those gentlemen have not taken the pledge of the Workingmen's party, they stand in direct opposition to the laws established by the party." Now, Mr. President, the Workingmen's party never took an oath of any character. The delegates of the Workingmen's party have never taken an oath of any kind, either in the City of San Francisco or in the City of Sacramento. But the Convention called by the elements composing the Workingmen's party, which assembled in the City of San Francisco on the seventeenth day of May, of the present year, of which I had the honor to be a member, and which framed the present platform and constitution of the Workingmen's party of this State, the question of administering an oath to the delegates to be elected by the Workingmen's party came up, upon Saturday morning, May eighteenth. I read now from the San Francisco Call: "Mr. Farrell, a member of the Convention, then moved that a committee of five be appointed to prepare a pledge or oath for the candidates to take before being nominated. law, and a man could not be punished for violating it. The platform, if indorsed by "Mr. Beerstecher said this was all bosh; the oath would not be binding under the the candidates honestly and in good faith, would be a sufficient pledge. "Mr. Beerstecher moved a reconsideration of the vote whereby the Convention declined to enforce the taking of a pledge by candidates, and submitted an obligation for candidates to take, pledging themselves to sustain the principles of the party, and to resign when requested to do so. "The vote was reconsidered, and the pledge adopted." The members took a pledge when they joined the clubs, and the delegates took a pledge when they were nominated. There is no other pledge that has been taken by the members of the party, or by the delegates elected from San Francisco, except that which was introduced in party. I call attention to the two pledges that were embodied in the Conthe Convention, and remains a part of the present Constitution of the stitution and platform of the Workingmen's party. I call your particular attention to the fact that these pledges did not constrain any gentleman or bind any delegate of the Workingmen's party to vote for although the newspapers have seen fit to talk a great deal about ironnone but a Workingman. Every delegate has full liberty of action, clad oaths, and about the party lash, and I think it is fair to ask Mr. Vacquerel to rise upon this floor and state whether any member of the Workingmen's party swung any lash over him in any way, or endeavored to coerce him to vote in any certain way upon the question of the eligibility of Judge Fawcett. I approached that gentleman and came out squarely with him on the subject. I said it would not surprise me if the vote on Judge Fawcett's case would be a very close one. That the gentleman would probably succeed in retaining his seat, but I did not believe from the prevailing sentiment, as I had heard it expressed, that he would succeed by more than three or four votes. I told Mr. Vacquerel if that should be the case, and if Judge Fawcett should remain in his seat by only two or three votes, it might become a very serious question for him to answer before his constituency in San Francisco as to the reasons of his vote. But that if he felt in his own conscience that he could answer to them, it was a matter that rested wholly with him, and he should go and vote just as he saw fit and proper. I did not desire to coerce him in any way, but I desired to point out the matter distinctly, and if he thought he could satisfy his constituency, it would satisfy me. That was the only conversation I had with him; that was the only lash that was swung over his head, and the gentleman will bear me out in the statement. Now, the first pledge embodied in the Constitution of the Workingmen's party is this-and it is taken by every man who desires to become a member of that party. It is not taken secretly; it is not taken with closed doors, but taken openly, in open meetings, where any man, even if he be hostile to the party, can hear and see: "I, C. D., do solemnly pledge myself that from henceforth I will dissolve all affiliation with all other political parties; that I will work faithfully for the establishment and maintenance of good government through the Workingmen's party of California, and place in power only those pledged to its support; that I will discourage all office seeking; that I will not employ in any manner any Chinese labor, and I will discourage such employment by others, and that I will work and vote for the election to office of all persons of known honesty and integrity, nominated by the Workingmen's party." Everything is public, and any man can step into the ward clubs at any time and hear this pledge administered. That is the pledge taken by the individual members of the party, but it has been decided by the Council of the Workingmen's party that it is perfectly proper to go out-only pledged myself, I will continue to eat at that restaurant. [Laughside of the party, outside of the ward clubs, and nominate men of known honesty and integrity and political purity. A man can be nominated who is not a member of any ward club, and who has never taken this particular pledge. The pledge that was introduced by myself, on the seventeenth day of last May, is as follows, and this is the pledge that was administered to every delegate from San Francisco who is sitting here in this Convention. The pledge was administered openly, the Secretary reading it over, and the delegate repeating it over after him, line by line. It reads as follows: "I, C. D., do hereby pledge my sacred honor that I will support the platform and declared principles of the Workingmen's party of California, and in every instance use my best efforts to secure their adoption, and that if elected, will in every instance conform to the wishes of my constituents; and if requested by them to resign, I will at once comply, under penalty of thereafter being considered a man without honor or principle, and a person unworthy ever afterwards to be a candidate for any office of trust in the nation." Now, sir, there has never been any other pledge taken save these two pledges, and it has been decided, as I before stated, that a man can be nominated who is not a member of any ward club, and in such case the pledge which I last read is the one administered. No oath is ever taken-no man's conscience is ever trampled on by an oath-and no man from San Francisco who sits here, as far as I know, from any other county which is represented by the Workingmen's party of California, has ever taken any oath that he will or will not vote for any one who is not a Workingman, or who does not stand upon the principles of the Workingmen's party. I do not think that the gentleman from San Francisco, Mr. Vacquerel, really intended to say that he did so. I don't think he really intended to say that the delegates from San Francisco have broken their oaths. How can a man break an oath when he has never taken any oath? His statement made at the evening session was not sufficiently clear and explicit. He spoke about the rights of the people, saying that they should be respected, and alluded to the case of Judge Sharpstein. I desire to call attention to the fact that the cases were not at all parallel. That the gentleman who was advocated by the Workingmen's party of California at that time was a man who was under no constitutional or legal disabilities. If the gentleman from Santa Barbara had been under no constitutional or legal disabilities, as we believed at that time, then, of course, the will of the people, of necessity, must have been recognized. But believing that the gentleman was under constitutional and legal disabilities, we opposed him, because we recognize the fact that the people themselves have no right to override the law. The people themselves are just as much bound by the Constitution, and laws made under and in pursuance of the Constitution, as this body is. The people have no right to override the laws. MR. ROLFE. Mr. President: I rise to a point of order. The gentleman is not speaking to a question of privilege, he is branching off on the eligibility of Judge Fawcett, which has been settled by this Convention. MR. BEERSTECHER. If the people have a right to ignore the laws, then the people have a right to resolve themselves into chaos, and that is a right I shall never concede; and I know that the gentleman from San Francisco, Mr. Vacquerel, does not desire to have the people resolved into chaos. And I hope, Mr. President, that hereafter the question as to whether the Workingmen's delegates in this Convention are bound by an iron-clad oath, or any other kind of an oath, will never be questioned. I hope it will be settled definitely and positively that they are untrammeled and unbound by any oath. I don't believe in any oaths in a free country like the United States of North America. No oath should trammel the conscience of a free American citizen. the gentleman has stood on this floor and used such words as political tricksters, or some such words, he apologized for it, and that was the end of it. But it appears that they wish to have me always apologizing, and I have to be always getting up here and begging pardon. What is good for the goose is good for the gander. [Laughter.] Now, if the gentlemen have taken a pledge, and have not taken an oath, it puts me in a better situation myself. In that pledge I pledged when I became a member of the Workingmen's party, that I would not employ Chinamen directly or indirectly, and that I would not vote for any man for any office or position that was not a member, and was not sustained by the workingmen. Then I am very glad to be relieved of my pledge. I will give a good illustration of it: I happened to go, when I came up here, to a hotel where there were no Chinamen employed. I could not live on the food they had, so I went to another place. But I found there was a Chinaman employed there, and I was going to leave the place, though it was a very good place to board. But now I find, sir, that the pledge is dead since the nineteenth of June last, and as I have ter.] Now I am sorry, very sorry, to see that the members of the San and it was perfectly specified in my speech that I meant the pledge of Francisco delegation should take it so much to heart. I have apologized, the members of the Workingmen's party, and not the pledge of candidates of the Workingmen's party. The pledge of the candidates is only taken by a few, while the pledge of the party is taken by every hold, is not a member of the party. Now, these reports always come member of the party, and the member that does not take that pledge, I from a newspaper; and one paper pretends that I speak broken French. Well, sir, I speak French very correctly. I may speak broken English, but no broken French. [Laughter.] That paper states things that I Now, sir, if there is any profession or any class of gentlemen I have a never said. The gentleman has said that there are too many lawyers. veneration for it is the law profession and for lawyers. There are honest lawyers as well as any other class. One paper, I am very kind in calling it a paper, has contained a lot of falsehoods about me. If you will read any other paper you will find exactly what I did say. I apologize again for saying that the members of that party took an oath. They took a pledge which as taken openly in public. If that pledge is dead since the nineteenth of June with them it is not with me." that holds if I took a pledge then, that pledge is good yet. MR. BARBOUR. I wish to inform the gentleman that I never took an oath or a pledge, and I regret exceedingly that he should read me out of the party. PREAMBLE AND BILL OF RIGHTS. I am a man THE PRESIDENT. The preamble and bill of rights, which was made the special order, is now in order. MR. VAN DYKE. I move that the Convention do now resolve itself into Committee of the Whole, for the purpose of considering the report of the Committee on Preamble and Bill of Rights. THE PRESIDENT. It must be read first. The Secretary will read the report. MR. DUDLEY, of Solano. That report is on the desk of every member, and I see no necessity for spending time in reading it. I move that it be taken up section by section so that we can act upon it. THE PRESIDENT. The gentleman is out of order. By the rules the report must be read once in the house. MR. VAN DYKE. Then I move that the rules be suspended. MR. TINNIN. Mr. President: I hope the rule will not be suspended. MR. VAN DYKE. I withdraw the motion. THE SECRETARY read the majority and minority reports, as follows: REPORTS FROM COMMITTEE On Preamble and Bill of Rights; submitting draft for preamble and article one, new Constitution. The following is the report which will come up in the Convention as the special order for this day: MR. PRESIDENT: The Committee on Preamble and Bill of Rights beg leave to report that they have had under consideration, for a number of sessions, the subject-matter referred to them, and, having agreed upon a draft for a preamble and declaration of rights, submit the same herewith to the Convention for its consideration. At the outset of their deliberations, the committee adopted the plan to take up, in their order, the preamble and different sections of article one of the present Constitution, and consider the same as a basis for their action, with the understanding that only such provisions should be altered or amended as the public interest seemed to demand. Acting upon this plan, the committee first informally considered and acted upon the old preamble and separate sections of article one, seriatim, in connection with the various propositions bearing thereon which have from time to time been referred to us by the Convention. Afterwards the committee went over the work again, in the same manner, for final action. PREAMBLE. MR. VACQUEREL. Mr. President: I regret that we are making so much expense to the people. I notice that clock, and when talking I always bear in mind that we are talking at the rate of about five dollars and sixty-five cents a minute, and I wish that the gentleman would bear that in mind, too. It appears, sir, that I have stated that we have all taken an oath. Well, in my misconstruction of the word I may have made a mistake. I got up and apologized, as it appears that an oath and a pledge are different. Of course, as I came here to vote, and not to speak, as Mr. Beerstecher came here to do the talking, I might have made the mistake. This is the way I understand an oath and a pledge now. I swear to a gentleman to-day that I will pay him twenty dol-new Constitution. It expresses in brief and appropriate language the lars, and if I only promise I will pay him twenty dollars, it appears that when I swear to pay him twenty dollars I am bound to do it; but if I have only promised to pay him twenty dollars, then I may do as I please about it. [Laughter.] Now, Mr. President, I wish to be well understood. If I have said anything that has hurt the feelings of my colleagues, I stood up before and apologized and asked pardon for it, and I stand up again for it. The gentleman from San Francisco, Mr. Beerstecher, yesterday made us a great speech on humanity. I wish the gentleman, in arguing this principle, would commence at home first. When It being the opinion of the committee that the substance and general style of the present preamble should be preserved, they have reported the same, with only slight verbal amendinent, as the preamble for the people's gratitude to the Supreme Being for their freedom, and their desire and determination to secure and perpetuate its blessings by the establishment of a Constitution and government. This is all that seems to be required, without loading it down with unnecessary recitals. DECLARATION OF RIGHTS. SECTIONS 1-2. Sections one and two of article one have been retained with the same numbers in the new article, without any alteration. The former declares the inalienable rights of man, and the latter the object |