Mr. GWIN would be glad to do so if it met the wishes of the House. With the consent of his colleague, he would therefore propose to withdraw it.

Mr. GILBERT could not consent to withdraw his amendment.

Mr. SHERWOOD was of opinion that there would be enough to do in discussing propositions consolidated by a Committee, without bringing the whole matter before the Convention at once. It was desirable to have the cream of the wholethe best material of the Constitutions of the thirty States.

Mr. HALLECK asked gentlemen who approved of this idea of taking up an entire Constitution in Committee of the Whole, whether from the experience of the last few days they considered the whole body better calculated to do business than a small committee.

Mr. GILBERT remarked that, although in introducing his amendment, he did it to avoid the complicated machinery of a number of committees, he did not sup pose any member would be in favor of destroying altogether that principle of legislative action. It was an established usage in legislative bodies, that matters of great importance should come before the House through a committee. This committee must digest the material for the action of the House. He apprehended that when the report of the proposed committee came up for consideration, there would be enough amendments, propositions, and debates to satisfy all. He was opposed to adopting any one constitution as a basis, unless it came through a committee. Let this committee take all the constitutions and report what they deemed best. Each member could then, in Committee of the Whole, propose such amendments as he thought proper. It appeared to him that there was no other judicious mode of proceeding.

Mr. GWIN said there was still one difficulty. He was not opposed to a committee where there were ordinary facilities, but he wanted to know what was to be done with the report of this committee? Were the members to act upon one copy of the report? It was impossible for business to progress this way. If there was a printing press it would be the proper course, but no deliberative body, within his knowledge, ever passed a measure without first having it laid before each member for his examination.

Mr. GILBERT thought the gentleman overrated the difficulty of getting copies of this report for the use of the members. It would possibly consist of not more than half a page at a time, which could be copied by the clerks.

Mr. DIMMICK did not see how business could be expedited by adopting, as a basis, the Constitution of Iowa. It would have to be translated into Spanish, and a sufficient number of copies made for those who only spoke that language. If, on the other hand, the committee reported, article by article, a plan of a Constitution, it could be translated, copied, and laid upon the tables of the members at the opening of each day's session. He approved of Mr. Gilbert's resolution.

Mr. BoTTs would like to know how the House could understandingly vote upon a particular section, when it was ignorant of what was to follow. Nothing appeared to him more impolitic than the introduction, by piecemeal, of sections upon which others, behind, might be dependent. All must be acted upon together. A section, objectionable in itself, in one part of the Constitution, might, in another, be made beneficial.

Mr. PRICE said there seemed to be great difficulty in the minds of gentlemen in relation to the mode of getting to work at the business of making a Constitution. He had a resolution which he thought would be acceptable to the House. He hoped it would also be satisfactory to his colleague, (Mr. Gilbert.)

Resolved, That a Select Committee, composed of one delegate from each district, be appointed by the President, to report upon the best mode of proceeding to make a State Constitution, for the action of this body.

Mr. GILBERT preferred that the question should come at once between Mr. Gwin's resolution and his own. As to the difficulty referred to by gentlemen in relation to reporting, from time to time, different portions of a Constitution, it was

not to be supposed that the House was to act finally and irrevocably upon each provision as it came up. It would first be considered in Committee of the Whole. The entire Constitution would afterwards come up in the House, and be open to amendment, section by section.

Mr. PRICE objected to making one general committee, as contemplated by the resolution of Mr. Gilbert. The work of the Convention should be subdivided. He believed five or seven standing committees should be made. By adopting this plan, he thought the form of a Constitution could be thrown together much quicker than by putting the whole labor on one committee. It was with this view that he moved the appointment of a committee to report upon the best mode of proceeding. The question was then taken on Mr. Price's amendment, and it was rejected. On motion of Mr. Borts, the Convention adjourned till 10 o'clock to-morrow morning.

THURSDAY, SEPTEMBER 6, 1849.

The Convention met pursuant to adjournment. Prayer by the Rev. Mr. Willey.
Journal of yesterday's proceedings wat read, amended, and adopted.
Mr. LARKIN offered the following resolution:

Resolved, That Messrs. P. La Guerra, and J. M. Cabarruvias, now at the bar of this House, have produced to this House satisfactory evidence of having been duly elected members of this Convention from the districts of San Luis and Santa Barbara, and that they be requested to come forward and be qualified as such. Adopted.

Whereupon Messrs. Cabarruvias and De La Guerra were sworn in by the President and took their seats.

Mr. LIPPITT then stated that he was absent when the members were sworn in yesterday, and requested that the oath be administered to him; which was accordingly done by the President.

On motion of Mr. GWIN, an invitation to take seats upon the floor of this House was extended to Col. Weller, Judge Hastings, and Col. Russell.

On motion of Mr. HALLECK, Manuel Dominguez was sworn in by the President, and took his seat.

Mr. GWIN reported, as chairman of the Committee on the appointment of a Reporter, against the publishing of the proceedings by the Convention.

He then moved a suspension of the rules, and nominated Mr. J. Ross Browne as Reporter to the Convention, who was elected, viva voce.

Mr. GWIN moved a reconsideration of the vote upon the resolution declaring it expedient to establish a State Government, which was received, and ordered to be laid on the table subject to call.

On motion of Mr. PRICE,

Resolved, That the President appoint two Pages for the Convention.

ORDER OF THE DAY.

Mr. PRICE stated that he had drafted a resolution asking for the appointment of six standing committees by the President, to take into consideration the different portions of the Constitution. There might be special committees appointed from time to time if necessary; but these standing committees would always be ready to perform any duty imposed upon them by the House in Committee of the Whole. He believed the business of the Convention would be done quicker by the adoption of this resolution than by any other mode yet suggested. There appeared to be three distinct propositions before the House: One to go at once into Committee of the Whole, and debate, section by section, the entire Constitution. In addition to the same resolution, it was proposed yesterday to take as a basis one of the State Constitutions. Mr. Gilbert's resolution proposes to appoint one general committee, to report from time to time the plan of a Constitution. He would not detain the House by going into a discussion of the merits of these different propo

sitions, but would content himself by stating, that after consultation with several of the members, he was of opinion the following resolution would meet with general favor. He moved it as an amendment to Mr. Gilbert's amendment to Mr. Gwin's resolution:

Resolved, That six standing committees, of five members each, be appointed by the President, to take into consideration and report upon the following articles of a Constitution, to be submitted to this Convention, viz:

1st. Enacting clause and Bill of Rights.

2d. Legislative Department and qualification of electors.

3d. Executive and Executive powers.

4th. Judicial Department.

5th. Mode of amending and revising.

6th. General provisions and schedule.

Mr. HALLECK was opposed to this plan, and preferred the amendment of Mr. Gilbert as better calculated to facilitate the business of the Convention. He knew of no instance of the appointment of a number of committees, where a body of this kind had been enabled to get through its labors short of two or three months. There was no reason to suppose that six committees would get through any sooner here than in other Conventions. Great labor would be required in combining the reports of these different committees. Confusion and difficulty would be the inevitable result. Moreover, there would be various omissions, as in the case of the Constitution of New York. He did not know of any State Constitution that contained more admirable provisions than that; nevertheless, there was no Constitution in the States so imperfect; and this fact arose, not from the want of talent in the Convention, but from the appointment of a large number of committees. He was aware that there were numerous aspirants for the position of chairman to the proposed committee, but he thought that matter might be decided by the House.

Mr GWIN said the gentleman's remarks presented a most irresistible argument against the proposition which he advocated. The very fact referred to by him showed the impracticability of doing business in the mode proposed, without a printing press. The experience of forming thirty Constitutions of the Statesthe result of seventy years of labor-was to be thrown aside, and this Convention was to enter into a new field, to draft a new Constitution. The gentleman had shown the absolute necessity of taking one of these Constitutions as a basis. There would then be no necessity for either one standing committee or six special committees. The entire Constitution could be discussed in Committee of the Whole. He did not care which Constitution was taken up. It would be infinitely better to take any one of them than appoint a committee to report upon a form section by section. It was with the intention of proposing in committee to lay the printed copy, already referred to, before the House, that he had offered his original resolution. That Constitution was one of the latest and briefest. He wanted nothing better than to form a Constitution from the thirty Constitutions of the Union. Had some standard or plan been taken as a basis, the Convention would now be at work upon it.

Mr. Borrs rose to protest against the haste apparent in every quarter of the House, to proceed headlong in this important matter of forming a Constitution. He appealed to members to consider the circumstances under which they were here. It was to perform the most solemn of trusts-to decide upon the fundamental principles of a Government. This great question of securing to mankind the prosperity and happiness which can only result from a good Government, now agitates the world. It occupies the minds of sages, and the discussion of it fills volumes. Yet gentlemen come here under the expectation of making a Constitution almost in a single day. He had been present as a spectator in one or two Conventions of the old States. He was struck with the contrast presented by this; for highly respectable as it was, he could not but be impressed with the absence of those gray hairs which he had seen in assemblies of this solemn charac

ter in the older States. He hoped to see a good Constitution formed, but it would take time to make it. He was well aware that gentlemen, in coming here, sacrificed much-that all were desirous of returning home without delay. Business in California was very profitable, and it was natural that gentlemen should wish to get back to their money bags; but he would oppose the spirit of patriotism to the spirit of mammon. There was something in the very word patriotism calculated to inspire men to make sacrifices. It was true houses were built in a single night in San Francisco; it was a go-ahead place; but he feared, if this Constitution was built in the same way, it would bear about the same relation to an enduring political structure that a shanty in San Francisco bore to a great monument of architectural skill. Gentlemen complained that the time of the House was consumed in useless discussion; that nothing had been done; no vote taken. Suppose you ascend a hill in the morning, and come down again in the evening, without being able to get over, have you done nothing? Have you not discovered that you cannot get over in that way? Delay is the characteristic of hasty legislation. A word with regard to the propositions before the House. By the first, proposing the appointment of one large committee, you can only have a portion of the intelligence of this body to engage in the formation of a Constitution. Is there any to spare? Mr. Price's proposition employs the whole intelligence of the Convention. He (Mr. Botts) was in favor of having as much wisdom as possible engaged in this business, and would therefore vote for the amendment offered by Mr. Price.

Mr. NORTON Sustained Mr. Gilbert's proposition. He thought it would be the only means of advancing the work before the Convention. It was a great object to expedite business. The people sent delegates here to form the organic law of what would soon, he trusted, be a great State of the American Union. The proposition of Mr. Gilbert seemed to him to indicate the most practicable mode of proceeding. The Committee thus appointed could report, in whole or in part, a form to be acted upon in Committee of the Whole. He was not prepared to say they could form a Constitution better than those of the several States; but the Committee could select from them such provisions as were most applicable to this country, and by combining the wisdom of the whole, make a better Constitution than could be accomplished in any other way. The experience of Conventions proved that where several Committees were appointed on the several articles of the Constitution, men of different opinions necessarily presided over them, who deemed themselves bound to sustain their respective Committees. In the present case the objection would be peculiarly striking, where so many were assembled together coming with conflicting prejudices from different States of the Union.

Mr. GWIN observed that he had lived in three of the old States. He had carefully examined all the State Constitutions, and he preferred the Constitution of Iowa to that of any other State. He had no sectional prejudices to gratify here. Mr. NORTON did not refer particularly to Mr. Gwin. That gentleman was not the only member of this House. Such prejudices existed, and that was sufficient. Mr. HASTINGS said that all appeared anxious to effect the same great object, but arrived at different conclusions. It was very important that the work should be commenced at once; yet it was argued that it should not be hastily commenced, because the object was an important one. He considered that an excellent reason for beginning it without delay. They were not without a guide; there was one book to which they had access, containing the Constitution adopted by the wisdom of the age in which the framers lived-sanctioned by long experiencepronounced superior to any ever adopted in the known world. If the lawyer appears at the bar to argue his cause, he knows well where to find the best book extant on human rights and human government-the Constitution of the United States. The record of the debates on that Constitution embraced the principles of all the State Constitutions. The best plan would be to take up that great instrument as a guide, and proceed to form a Constitution for the State of California.

By adopting this as a standard, one committee could be appointed, which could accomplish all the work. He was opposed to a number of Committees. He considered one sufficient, and he would prefer a small one. But if gentlemen insisted upon having all the intelligence of the House concentrated in that Committee, he would not object to two members from each district, although he thought a smaller number would accomplish the work sooner. He was in favor

of Mr. Gilbert's proposition.

The question was then taken on Mr. Price's amendment, and it was rejected. The question then recurring on Mr. Gilbert's amendment

Mr. GWIN rose to a question of order, whether his resolution and that of Mr. Gilbert were not precisely the same in effect.

Mr. GILBERT explained that the Committee proposed by him might report from time to time such articles or sections of a plan as might be passed upon in Committee.

Mr. GWIN asked if his was not precisely the same in effect-to report the plan, or any portion of the plan of a State Constitution. He made it a question of order. The CHAIR decided that where two resolutions were the same in substance and effect, the amendment could not be properly considered as before the House. It was the opinion of the chair that these two propositions did not vary in effect. Mr. GILBERT appealed from the decision of the Chair.

Mr. HALLECK asked if an appeal could be debated.

The CHAIR decided in the negative.

Mr. GILBERT called for the yeas and nays on the appeal, which was ordered. YEAS-Messrs. Aram, Carillo, Cabarruvias, Crosby, Dimmick, Dominguez, Ellis, Foster, Gwin, Hoppe, Hobson, Hastings, Jones, La Guerra, Larkin, Lippitt, Moore, McCarver, Ord, Price, Pico, Rodriguez, Reid, Sutter, Snyder, Shannon, Sherwood, Stearns, Vallejo, Woozencraft-30.

NAYS-Messrs. Gilbert, Halleck, Hollingsworth, Lippincott, Norton, and Teft—6.

The question then recurring on Mr. Gwin's resolution, it was adopted.

On motion, the blank was filled with the word two.

Mr. SHANNON offered the following resolution :

Resolved, That a Select Committee of five members be appointed by the President to frame and report to this House, at as early a period as practicable, the necessary rules for its government. Adopted.

On motion of Mr. GWIN, the House took a recess of half an hour to allow the Chair an opportunity of appointing the Standing Committee.

AFTERNOON SESSION, 1 O'CLOCK, P. m.

The Convention re-assembled pursuant to adjournment.

The President announced the following as the Standing Committee on the Con. stitution :

Messrs. Gwin and Norton, of San Francisco; Hill and Pedrorena, of San Diego; Foster and Carrillo, of Los Angelos; De La Guerra and Roderiguez, of Santa Barbara; Tefft and Cabarruvias, of San Luis Obispo; Dent and Halleck, of Monterey; Dimmick and Hoppe, of San Jose; Vallejo and Walker, of Sonoma; Snyder and Sherwood, of Sacramento; Lippencott and Moore, of San Joaquin.

Committee on Rules and Regulations.-Messrs. Shannon of Sacramento, Butts of Monterey, Price of San Francisco, Jones of San Joaquin, and McCarver of Sacramento.

Mr. GWIN moved that the Secretary of the Convention have power to employ a clerk or clerks, if such are necessary, and to report to the Convention the name or names of the person or persons he proposes to appoint, for its approval. Adopted. On motion of Mr. PRICE,

Resolved, That the Committee to frame a Constitution is hereby authorized to employ such number of Clerks as may be necessary, and that the Committee are instructed to bring in a copy of their report for each member of the House.

Mr. PRICE offered the following resolution: