Thursday,] DELONG-HAWLEY-WARWICK-TOZER-NOURSE-BROSNAN-CHAPIN. Mr. DELONG. The Convention generally disagrees with me on questions of order, I know: but I suggest that a bill is only engrossed be fore it is passed, and enrolled afterwards. The object of engrossing is to get it quite correct before we pass it, and then, after its passage, we enroll it. The PRESIDENT. The gentleman is correct, but it may be considered engrossed. Mr. BANKS. The question comes, without any motion, upon the engrossment of the Article. Mr. FITCH. I move that the Article be considered engrossed, and placed upon its third reading and final passage. Mr. HAWLEY. I suggest whether, in view of the fact that certain amendments were made in the Article, it should not be actually engrossed before we pass it, and let the Engrossing Com mittee report upon it regularly. I think that is the best policy. Mr. DELONG. I hope it will be engrossed Is the Convention willing to consider a con fused lot of amendments, pasted on, interlined in pencil, and every way, as having been en grossed, and pass the article in that shape? Especially in so serious a matter as a funda mental law, the bill should certainly first be engrossed plainly, and compared by the reg ular committee. I know it is the practice some times in legislative bodies to consider bills engrossed, but I should certainly desire, in so im portant a matter, to have a committee examine and report upon it, before its final passage. Mr. WARWICK. As we are now about or ganizing a State Government, I shall object, in every instance, to considering anything en grossed. Mr. FITCH. I withdraw the motion. Mr. BANKS. Now I submit that the ques tion is on the engrossment, without any motion. The PRESIDENT. That is the question. ENGROSSMENT. Mr. HAWLEY. The Committee will find themselves at a loss, and the Secretary of the Convention will find no one to whom he can hand the document to be engrossed, because no provision has been made for engrossing. I will make a motion that the Committee on En grossment be authorized to employ clerical labor, at thirty cents per folio, for the purpose of having properly engrossed the Resolution Ordinance, Preamble, and Article I of the Con stitution. The PRESIDENT. That motion cannot be entertained without a suspension of the order of business. Mr. HAWLEY. Very well; I move that the rules be suspended, in order to get the motion before the Convention. The PRESIDENT. In order that the Con vention may understand what has already been done, the Secretary will read that portion of the report of the Committee on Officers and Salaries, adopted on the second day of the ses sion, which has reference to this subject. The SECRETARY read. as follows: [July 7. To the President and Members of the Constitutional Convention: Your Committee on Subordinate Officers and Compensation beg leave to report: That in view of a short session, they deem it advisable that an assistant Secretary be employed, and that enrolling and engrossing clerks be specially appointed, when they may be needed, at the close of the session. The question was taken on the motion to suspend the rules, and it was agreed to. Mr. TOZER. I have prepared a resolution which, with the leave of the gentleman from Douglas, I will offer. Mr. HAWLEY. Very well. The SECRETARY read Mr. Tozer's resolu tion, as follows: Enrollment are hereby authorized and empowered to appoint a clerk to each of said committees respectively, at a salary to be fixed by the said committees, and its payment to be provided for as the salaries of other officers and attaches of the Convention. Resolved, That the committees on Engrossment and Mr. NOURSE. I do not think that is the best way. I think the best way would be for the committees to employ the clerks as they find they need them. I do not fancy having clerks on salaries, who would be half the time idle. There is plenty who are idle now. them put the compensation at a reasonable figure, and employ no more than is necessary. Let Mr. TOZER. Nothing can be more necessary than to employ clerical labor, to enable us to get through our business. Mr. NOURSE. I oppose the appointment of a standing clerk for each committee. Mr. HAWLEY. I suggest that the resolution be amended so as to authorize each committee to employ a clerk, at such price per folio as they may fix upon, to perform the necessary labor. Mr. NOURSE. I suggest that it be made to read, that they procure such writing as is necessary to be done. Mr. TOZER. I understand that some writing must be done every day, and the committees cannot very well run off, upon the spur of the moment, and find the man that will do the work cheapest. We must have somebody all the while, at two, three, four, or five dollars a day, or at so much a folio, to be here all the while, ready to do the work. The committees can make the compensation so much a folio. Mr. HAWLEY. I believe in employing competent clerks and paying them well. I will offer no amendment. Mr. BROSNAN. I move, as an amendment, to insert after "salary "the words "not to exceed ten cents a folio." He is a poor clerk who cannot write more than one hundred and fifty folios a day. Mr. PROCTOR. But the enrolling, at least, must be done very nicely. Mr. TOZER. I think the sum named is too small, altogether. Mr. NOURSE. It appears to me that twenty cents a folio would be about right. Mr. CHAPIN. The enrolling cannot be done Thursday,] HAWLEY-CHAPIN-BANKS-TOZER-PRESIDENT CROSMAN. [July 7. at any such price; it must be done with the rectly presented for the subsequent action of greatest care and nicety. As for the engross- the Convention. I wish to avoid all unnecesing, however, I do not see the necessity. Here sary expense, but, at the same time, let us emwe have made only slight amendments to Arti- ploy such clerical labor as may be required, at cle I, and why not let the committee examine a fair, reasonable price-not an exorbitant price that and see that it is all correct, without en--whether it amounts to one, two, or five hungrossing it. If, in any case, there are extensive dred dollars. alterations, let them procure a clerk to do the work, and pay him what it is worth. I hope it will be left in the hands of the committees; in that way they can avoid a great deal of ex-sume the Committee would have the power to pense. direct the engrossment of such parts only as may be amended. Mr. HAWLEY. I understand the lowest price paid here for any official copying is twentyfive cents per folio; it was formerly thirtyfive cents. Mr. CHAPIN. I am just informed, by the elerk of the former Convention, that the bill of the engrossing clerk last year was $580. And -I am glad to have from him an expression on the subject-he tells me that there is no necessity for that expense whatever. I am fully satisfied that the expense may be avoided if we leave the subject with the committee, after this expression of the sense of the Convention on the subject. Mr. BANKS. I have seen so many serious errors committed in much less important matters than a State Constitution, that I am inclined to insist that we should have all these matters presented to us in a clear and connected form, as they only can be presented by an engrossment. Gentlemen will remember that in the last Convention there were engrossment and re-engrossment, but in this Convention I think there will be no such bill as five hundred dollars. In order that we may have our proceedings correctly filed away, in such a form that there can be no mistake about them. in view of the importance of the work we are engaged upon, I do insist that we go through with all the regular parliamentary practices and formalities, which are designed for securing safety. Let us have the whole Constitution engrossed, so that our engrossed and enrolled bills can all be filed away in such a condition as to leave no doubt in regard to what our action may have been. I know that when the late amendments to the Constitution of California were passed by the Legislature of 1862, there were some careless proceedings, the result of which was that it required the expenditure of a large amount of money in the employment of experts, and the sending off of committees, to find what the Legislature of 1862 had really done. And even to this day, I defy any person to determine, with any degree of certainty, just what that Legislature did enact, in regard to amending the Constitution of California. I hope that, in our desire to save a little by doing without engrossment, we shall not run upon any snag of that kind. The PRESIDENT. At thirty cents per folio, the engrossing of the whole Constitution would amount to about six hundred dollars, but I pre Mr. CHAPIN. Yes, sir; we shall depend, mainly, on the enrolled copy, and examine that more critically. Mr. BANKS. Suppose that is wrong? Mr. BANKS. Why, Mr. President, it is passed, then; we want to examine it critically, while we have still power and opportunity to correct it. Mr. CROSMAN. The proposition now before us leaves it all to the discretion of the committees, and I hope the Convention will leave it with them, and let them employ such clerical labor as they need. The presumption is that they will not employ more than is absolutely required. I call for the question on the adoption of the resolution. The resolution was again read. Mr. CHAPIN. I move to amend the resolution, by striking out the word "salary," and inserting the word "compensation." Mr. TOZER. I accept the amendment. The question was taken on the adoption of the resolution, as modified, and it was adopted. The PRESIDENT. The question now is on ordering these several matters to be engrossed for a third reading-the Resolution, Ordinance, Preamble, and Article I of the Constitution. Mr. CROSMAN. I suggest that they be read by title, and referred to the Committee on Engrossment. Mr. HAWLEY. I suggest that they be arranged in the following order: The Preamble, the Resolution, the Ordinance, and the Article. The PRESIDENT. That can be decided upon hereafter. Mr. BANKS. It occurs to me that we had better settle the order now. I think our Enabling Act-I am not quite clear upon that point requires that the first thing we do, after our organization, should be the adoption of that resolution which was proposed and passed on the first or second day of the session, and therefore I think that should come first, or before the preamble, and I will move that it have that position. The PRESIDENT. I suppose, in the absence of instructions, the Committee on Engrossment could arrange it as they please. Mr. TOZER. I believe that the Engrossing Mr. BANKS. In order to settle any question Committee is entirely competent to take super- of doubt, I will move, further, that the ordivision of this matter, and see that the amend-nance be placed next in the list, over the prements made are all properly engrossed and cor- amble. Thursday,] CHAPIN-PRESIDENT-HOVEY-DUNNE-WARWICK. Mr. CHAPIN. It occurs to me that we shall find it necessary many times before we get through to discuss this matter of arrangement, and I think it would be well now, or at some other time, to appoint a Committee on Arrange ment. Mr. BANKS. With that understanding, I am very willing to withdraw my motion. The PRESIDENT. We found it necessary in the old Convention to appoint a committee on the phraseology and arrangement of the different sections, and they were arranged and rearranged at different times. Parts of the Constitution, reported by a committee on one department, when they came to be acted upon. were sometimes discovered not to be in the proper place, and were therefore transferred to another department. The appointment of such a committee is doubtless the most feasible way of disposing of the matter. The question was taken en masse (by general consent,) on ordering the Resolution, Ordinance. Preamble, and Article I, to be engrossed for a third reading, and decided in the affirmative. Accordingly, the resolution adopting the Constitution of the United States, the ordinance concerning slavery and other matters, the preamble, and Article I of the Constitution, entitled Declaration of Rights, were severally read by title, ordered engrossed, and referred to the Committee on Engrossment. RIGHT OF SUFFRAGE. Mr. FITCH moved that the Convention resolve itself into a Committee of the Whole, for the further consideration of Article II, entitled Right of Suffrage. The question was taken, and the motion was agreed to. COMMITTEE OF THE WHOLE. The Convention accordingly resolved itself into Committee of the Whole, (Mr. Fitch in the chair,) and resumed consideration of Article II, entitled Right of Suffrage. The Committee proceeded to consider the Article by sections, commencing with Section 2, which had been reached when the Article was last under consideration in Committee. DISFRANCHISEMENT OF REBELS. Section 2 was read, as follows:SEC. 2. No person who has been or may be convicted of treason or felony, in any State or Territory of the United States, unless restored to civil rights, and no person who, after arriving at the age of eighteen years, shall have voluntarily borne arms against the United States, or held civil or military office under the so-called Confederate States, or either of them, unless an amnesty be granted to such by the Federal Government, and no idiot, insane, or disloyal person, shall be entitled to the privilege of an elector. Mr. HOVEY. I offer the following as a substitute for the section : SEC. 2. No person who has been or may be convicted of treason or felony, in any State or Territory of the United States, unless restored to civil rights, and no idiot, insane or disloyal persor, shall be entitled to the privilege of an elector. [July 7. Mr. DUNNE. I move to amend the substitute by striking out the words "or disloyal," in the last sentence, and inserting the word "or" before "insane," so that it will read : And no idiot or insane person shall be entitled to the privilege of an elector. Mr. WARWICK. If I understand the drift of the substitute now offered, it is to strike out from the section as it now stands that portion which reads as follows: And no person who, after arriving at the age of eighteen years, shall have voluntarily borne arms against the United States, or held civil or military office under the so-called Confederate States, or either of them, unless an amnesty be granted to such by the Federal Government. The CHAIRMAN. Yes, sir. Mr. WARWICK. I would respectfully inquire of the gentleman who offers that substitute, the reason for desiring to confer the privilege of the elective franchise upon such as have borne arms in this rebellion, for the purpose of destroying the government under which we live. I would ask the gentleman if he is not willing to await the action of the General Government in this matter hereafter, by an act of amnesty, pardon, or otherwise, or if he is willing that those who have raised their hands in treason against that Government, and endeavored to destroy its life, shall participate in the elective franchise among us-that when they are no longer able to bear arms against the Government they may be permitted to strike at it covertly, through the ballot-box, in order to accomplish that destruction which they have been unable to effect with arms in their hands. I can see no good reason for the substitute proposed; the section suits me as it stands, and I hope it will be adopted without amendment. Mr. DUNNE. I rise to a point of order. I stitute, while the question is on the amendment believe the gentleman is speaking to the suboffered by myself. That amendment leaves in the portion which he is arguing ought not to be stricken out. The CHAIRMAN. The gentleman is speaking, I understand, to the whole subject matter which is before the Committee. Mr. WARWICK. I am willing to give way till the gentleman from Humboldt explains his amendment. Mr. DUNNE. By permission of the gentleman from Lander, then, I will say that my amendment simply strikes out the word "disloyal." The effect, as distinguished from the substitute of the gentleman from Storey, (Mr. Hovey,) would be, that whereas the substitute would prevent all persons who have voluntarily borne arms from voting, unless an amnesty be granted, the striking out of the word "disloyal" alone, still leaving those words in, would allow those persons who may be pardoned under the amnesty proclamation, the right to vote; but it would, at the same time, prevent the man who has served as Colonel, or in any higher rank, in the army of the rebellion, (who are not in Thursday,] WARWICK-HAWLEY-HOVEY. [July 7. cluded in the amnesty,) from voting, without allowed to imperil it in the slightest dethe necessity, in order to preclude them, of their gree. being convicted of treason. The fact of such men holding these positions would alone, under my amendment, prevent them from exercising the right of suffrage. Mr. HAWLEY. I conceive that the duty which this Convention has to perform, in reference to either the adoption of this section under consideration, or its amendment, is a diffi Mr. WARWICK. I oppose both the amend-cult one. ment and the substitute proposed. I can see Mr. HOVEY, (interrupting.) If the gentleno good reason why those who are now, or who man will give way a moment, I will accept the have been, in the past, fighting with arms in amendment of the gentleman from Humboldt, their hands against the life of this Government, (Mr. Dunne,) which cures the evil he anticishould be admitted to the privilege of the elec-pated. tive franchise in our new State. It is well Mr. HAWLEY. Even then, I say, and I known, sir, the thing is patent to every mem- have but a few remarks to make that the duty ber here who has traveled this Territory, that before the Convention, in either the adoption it has been made the place of refuge for the or the rejection of the section under considerascum and offscourings of the rebel States. Un- tion, is beset with difficulties. One principal able to bear arms longer against the Govern- objection to this Constitution, and to the artiment, they have sought a refuge in our moun- cle we have under consideration, when subtains and hills, and to-day many of them are mitted to the people last fall for their adopscarcely able to restrain the treason with which tion or rejection, was that it legislated too they are filled to bursting in every pore. Imuch. Now, sir, to come directly to the point, have met them by the score in the county II submit to the Convention whether it becomes have the honor to represent. Hundreds of us to legislate upon this subject, when, in the rebels, open mouthed, are there, ready for any very nature of things, such legislation can efenterprise which is not too dangerous. Whole fect nothing at present. No provision of this neighborhoods there, are infected with treason. kind can have any effect at the ensuing elecNow, I ask if we are going to open the door to tion. I, sir, was born and raised in the admit to the elective franchise men of that South, and have been subject all my life class, at the moment when we are forming a to the influences which have been brought to new State? For what reason are we to be- bear upon the young men of that section, and come a State? To add strength to, and not to I assert that I believe no man exists who is weaken, the General Government. We are to freer from the taint of disloyalty to the Govbe the first State of that chain of States which ernment of the United States than I am. And, is hereafter to connect the Western borders sir, I am utterly, uncompromisingly opposed to of the Republic with the East. It is well known the extension of the elective franchise to those that our Territory is so large, and our popula- men who nourish in their hearts one atom of tion so sparse and so little organized, that this hostility to the Constitution of the United is the place sought out already as the home of States, or to the Federal Government, as it was rebels from Missouri, from Kentucky, from established by our forefathers. But I neverAlabama, and from all the rebel States of the theless question very much whether the adopSouth-west. Unable to find any longer a re- tion of this section as it now stands will be of fuge at home, they have sought it here, bearing any benefit. I submit to the Convention that their treason along with them. For that rea- it is a matter which should be left entirely to son I am for surrounding the ballot-box here the action of the first Legislature which is to with every possible safeguard which we can de- convene under our State Constitution. One vise. I am willing, for our own safety, until thing is certain, that if this section stands, (and the General Government shall grant an am- I have no objection to allowing it to stand so nesty, at least, to say to every one of those far as the principles involved are concerned,) men who have dared to raise their hands it can have no possible effect, however wise against the nation's life, "You have forfeited and judicious it may be, upon the status of the the right of suffrage, sacred to freemen, and voters at the election at which the adoption or never shall you exercise it again." For this rea- rejection of the Constitution is to be deterson I hope that this Section 2, as adopted by mined. Now, sir, you will find, by following the former Convention, will be allowed to through this section, that it is provided-and I stand, line for line, and letter for letter, so that trust that the Constitution we are about to no disloyal man, no man tainted with treason, frame may contain the same feature—that covered with the stain of rebellion, spotted "Provision shall be made by law for the registration with the leprosy of national murder, shall be of the names of the electors within the counties of allowed to share in the elective franchise with which they may be residents, and for the ascertainns who have battled to drive treason from our ment by proper proofs of the persons who shall be enshores, and to save 'California, and Nevada, titled to the right of suffrage as hereby established." and Oregon, from the grasp of those who I trust that the first Legislature under this would have murdered the nation if they could. Constitution will provide such a registry law, I sincerely trust that this section will stand and that in it they will provide not only that unaltered, and that no amendment will be every man who seeks to vote shall have been F Thursday,] DELONG-HAWLEY-DUNNE. [July 7. six months a resident of the State, and thirty Constitution now makes a sweeping restriction days a resident of the county, and that it shall that no disloyal person shall be allowed to vote, be a duty incumbent upon him to have his name who is to judge upon the question of disloyalregistered before the recurrence of every gene- ty? We find, even among good Union men, as ral election at which he seeks to exercise the we would all regard them, that one is accusing right of the elective franchise, but that at the another of dis'oyalty, because he thinks he does time of such registration, every man shall take not go far enough in his views or opinions. It and subscribe an oath to support the Constitu- looks to me a little unmanageable that is my tion of the United States; that there and then objection. Suppose a man is challenged at the he shall perform a lustration by which he shall polls, how are you to determine it? By his purge himself of any taint of treason, if any simply taking the oath of allegiance? Would such taint remains upon him. Now, sir, the that be sufficient to purge him? Or what? only question with me is, whether it is expedi-! ent to retain this language in the second section; whether it is not too much to place in a State Constitution; whether it is not better for us to leave the regulation of the qualifications of voters to an enactment to be made by the first Legislature. I fully agree with the gentleman from Lander, (Mr. Warwick,) that there are men in this Territory who are tainted with the crime of treason; men who are hostile to the Constitution of their country and the institutions of our forefathers, men who, if their acts could be known and placed properly before the legal tribunals, would forfeit their lives to the outraged laws of their country. And, sir, I believe in hedging these men around, not only with legislative proscriptions, but, if necessary, with bayonets also; and I would so close up the hedge as to render it certain that they should be powerless to do harm. I have myself conversed with men born under the flag of our country, who stated that they considered themselves merely as aliens in our midst, and did not ask to be protected. All they asked, they said, was the same protection as was accorded to other foreigners. For such men I have only the most supreme contempt. I cannot but despise the man, born and reared under our government, who professes to sympathize with rebellion, and yet remains here with folded hands, or covertly seeks, while enjoying our protection, to overthrow our institutions. I believe the proper place for such men would be in the rebel ranks. I can have some respect for the man who, yielding to the impulses of the moment, or to the prejudices of years, goes into the rebel ranks and fights for what he believes to be the right; but for the man who remains here, and covertly seeks to inaugurate that state of affairs which exists at the East, I think no language of reprobation can be too severe, and no sentiments of contempt too strong. But the only question is, whether it is better for the Convention now to legislate, when it can have no practical effect, or whether it is better to give a full and free exposition of our sentiments here, and then leave it to the Legistature to provide the qualifications of voters. Mr. DELONG. I desire to ask the gentleman from Douglas a question. While I admire very much the sentiments he has expressed, as well as those of other gentlemen who have spoken on this subject, still I think there is one difficulty which has not been met, and that is, if the Mr. HAWLEY. The gentleman from Storey will remember that I stated it as my desire and hope that the Legislature would pass such a law as would render challenges at the polls unnecessary, except in order to insure the production of the certificate of the registration of voters. Mr. DELONG. Yes, it might, perhaps, be covered in that way. Mr. DUNNE. I think it is necessary to say but a word in support of the amendment which I have offered. No one doubts the propriety of preventing disloyal persons, or secessionists, from exercising the right of suffrage until their status be determined by the General Government, but this clause begins with disfranchising all who are convicted of treason or felony, and then goes on to say that "No person who, after arriving at the age of eighteen years, shall have voluntarily borne arms against the United States, or held civil or military office under the so-called Confederate States, or either of them, unless an amensty be granted," etc., shall be entitled to vote. Then, in God's name, is not that enough? But then you go further, and say that no "disloyal person" shall be allowed to vote. I repeat the question, Who is the "disloyal person?" How are you to determine it? If you know that a man is disloyal-that, as the gentleman from Lander, (Mr. Warwick,) says, treason is bursting from every pore-then make your charge, prove it, and convict him, if you can. If you cannot prove the charge, you may retain your opinion, perhaps, but unless you can prove it, do not make it against a man, and attempt to deprive him of the right of suffrage. We have already restricted the class of people to which we supposed this would particularly refer. We have required that every man shall be for six months an actual resident of the State before voting. You have, in that case, made a sweeping distinction, and one which I did not approve, because it was in opposition to a principle which has been acted upon for seven or eight years in California, as long at least as it was supposed that the class of persons coming to that State would be politically favorable to the dominant party, and only when that ceased to be the case was this error discovered, and the rule changed. But that is not the question here. It is simply whether you may be allowed to charge a man with being disloyal, and so prevent him from voting, or throw the whole burden of the investigation upon the days of |
