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"Th' idea that one o'the first actions of this supposed Republic is t'deny free blacks the right to vote is unthinkable, injust, and makes naught of any n'all other accompl'shments this Convention may reach. Is anybody here willing to stan'up and tell me why a free, law'biding, literate black is any less a citizen of this Republic than any'o'you?"
 
"Th' idea that one o'the first actions of this supposed Republic is t'deny free blacks the right to vote is unthinkable, injust, and makes naught of any n'all other accompl'shments this Convention may reach. Is anybody here willing to stan'up and tell me why a free, law'biding, literate black is any less a citizen of this Republic than any'o'you?"

Should we allow stray dogs and wild boar to vote?

Literacy in Spanish.Most of our population speaks it.

Fernando Alvares

They should learn English, then. Spanish is the language of the past; English is the future.

-Colton Burpo
 
GM Note: This is being added to the voting by GM fiat

The Legislature of California shall be split between a House of Representatives and a House of Senators. The House of Representatives shall be voted from the population of the citizens of California for a renewable term to be set at a future date, while the House of Senators shall be composed of the traditional Spanish-speaking elite, large landholders, and former Presidents to act as the safeguard against legislative disruption that could occur. Rejection of this motion shall result in the overturn of a previous motion, and the adoption of a unicameral legislature to be discussed at a later date.
 
To President Ide,

Sir. - I write to this day due to hectic state of the current Constitutional Convention. It is in my belief that the chaotic nature and membership of the convention has resulted in a muddled adoption of random and unconnected legislation that goes against what has been fought for.

It is in this vein that I ask to be given special dispensation to membership to said Convention. There I can act in your interests and the interests of the greater Californian movement.

Yours loyally,


J. Griswold
 
I request that the floor bring my previously proposed measure to a vote, as included below, given its large acceptance by many members:

Section 1.
All legislative Powers herein granted shall be vested in a Congress of the Californian Republic, which shall consist of the Congress of Deputies – el Congreso de los Diputados - and the Senate of California – el Senado de California.

Section 2.

The Congress of Deputies, el Congreso de los Diputados, which shall be the Congressional Lower House, shall be composed of Members chosen every third year by the Citizens of the Republic in by the nation at large using an open list voting system with a secret ballot.

No Citizen shall be a Delegate who shall not have attained to the age of twenty-five years, and been ten years a Citizen of the Californian Republic, excepting those present at the founding of the nation.

The Congress of Deputies shall have 100 seats, with one additional seat for every 40,000 citizens of our fair republic.

When vacancies shall occur in the consistency, an immediate by-election shall be assumed and held to fill such vacancies.

The Congress of Deputies shall choose their parliamentary speaker and other Offices.

All bills for raising Revenue shall originate in the Congress of Deputies; but the Senate may propose or concur with Amendments as on other Bills.

Section 3.

The Senate of California, el Senado de California, which shall be the Congressional Upper House, shall be composed of Members chosen every fifth year by the Citizens of the Republic in each respective constituency using an open list voting system with a secret ballot.

No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the Californian Republic, excepting those present at the founding of the nation.

The Senate of California shall be composed of at least 21 senators and not exceed the number of representatives in the lower house. These senators shall be apportioned according to geographic districts with each district having at least 3 senators and no more than 7 senators. The distribution of senators in each district shall be decided by population, while the boundaries of each district shall be drawn by a non-partisan commission, following natural geographic boundaries. These districts shall be redrawn as the circumstances dictate but no more than once every 20 years. The addition or deletion of a senatorial district shall require a simple majority vote of the senate.

Similarly, the number of senators for each district shall be reapportioned every 10 years in accordance with the census.

The Senate shall choose their parliamentary speaker and other Offices.

The ratification of treaties shall require the approval of 2/3rds of the Senate of California. Similarly, the sole power to declare war shall be invested in the Senate.

The Senate shall have the sole Power to try all Impeachments. When sitting for that purpose, they shall be on Oath or Affirmation. When the Chief Executive of California is
tried, the Chief Justice shall preside: And no Person shall be convicted without the concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under California: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section 4. The Executive Veto

The passage of all bills shall require the assent of both Houses of Congress before being presented to the chief executive of the republic, who shall have the option to veto the bill, or sign it into law. This veto can be overridden by a 2/3rds majority of the combined Houses of Congress.

Section 5. The Powers of Congress

The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of California; but all Duties, Imposts and Excises shall be uniform throughout California.

To borrow money on the credit of California.

To regulate Commerce with foreign Nations, with the Indian Tribes, and within the nation.

To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout California.

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures.

To provide for the Punishment of counterfeiting the Securities and current Coin of California.

To establish Post Offices and Post Roads.

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.

To constitute Tribunals inferior to the Supreme Court.

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations.

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water.

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years.

To provide and maintain a Navy.

To make Rules for the Government and Regulation of the land and naval Forces.

To provide for calling forth the Militia to execute the Laws of the nation, suppress Insurrections and repel Invasions.

To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of California, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress.

To exercise exclusive legislation in all cases whatsoever over all Places purchased for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings. And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of California, or in any Department or Officer thereof.

Section 6. Limitations of Congress

The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

No Bill of Attainder or ex post facto Law shall be passed.

No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration.

No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

No Title of Nobility shall be granted by California: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.

 
Decree No. 0153
CALIFORNIAN REPUBLIC

J. Griswold of Yerba Buena is to be instated into the Constitutional Convention with the most possible hast, taking my position as a voting member of the body committee.

In CALIFORNIA
In GOD

W. Ide

 
GM Note: This is being added to the voting by GM fiat

The Legislature of California shall be split between a House of Representatives and a House of Senators. The House of Representatives shall be voted from the population of the citizens of California for a renewable term to be set at a future date, while the House of Senators shall be composed of the traditional Spanish-speaking elite, large landholders, and former Presidents to act as the safeguard against legislative disruption that could occur. Rejection of this motion shall result in the overturn of a previous motion, and the adoption of a unicameral legislature to be discussed at a later date.

I vote NAY to the aforementioned legislative proposal.
 
Statement to the Constitutional Convention
– Point of Order -


Mr. Chairman,

I rise again on a point of order. Making reference to the previous point of order on which I rose – to wit, the jurisdiction of this Constitutional Convention to pass legislation when the composition of the legislature has yet to be determined - I again submit the same enquiry to you.

In addition, I request clarification in relation to what appears to be two motions presently on the floor in relation to the composition of the upper chamber of the bicameral legislature. The motion submitted by the Honourable President Ide stipulates that the failure to adopt the motion will trigger the adoption of a unicameral legislature. Is the subsequent motion proposed by Mr. Reed to be regarded as an amendment to the motion put forward by the President, or a separate motion?

 
I vote in favor of Mr. Clark's proposal calling for the chief magistrate to be elected directly by the people.

I vote in favor of Mr. Hyde's proposal calling for a secular government, without favor or disfavor toward any religion.

I vote against Mr. Menzies' proposal calling for the chief magistrate to be elected for a single five-year term. We already have term limits; they're called elections.

I vote against Mr. Menzies' proposal calling for suffrage for White, Hispanic, and civilized natives over 20 years of age. We should not restrict the franchise based on ethnicity, but rather citizenship or lack thereof.

I vote against Mr. Menzies' proposal calling for autonomy for the eastern Territory, as it would impede the growth of our nation and functionally cede sovereignty over to the native inhabitants.

I vote in favor of Mr. Owing's proposal calling for the establishment of basic political rights.

I vote in favor of Mr. Owing's proposal calling for the establishment of basic judicial rights.

I vote against Mr. Reed's proposal calling for English and Spanish to be established as the official languages of the Republic. While I believe in bilingualism as a government policy, I do not believe we should have a constitutionally enshrined official language or languages.

I abstain on the proposal to ban slavery.

I vote against President Ide's proposal calling for an unelected upper house. I do not believe that, having thrown off the shackles of tyranny, we should embrace a new aristocracy with legislative authority.

Alexander Ulysses Sinclair
 
I vote in favor of the motion defining the nature of the bicameral legislature. That simply makes sense as I have also voted in favor of the earlier bicameral vote. A sudden change in opinion regarding the matter would, of course, be highly suspicious.
 
I vote in opposition to the proposal for the previously mentioned bicameral legislature, since it would continue to fail in representing the rural divisions, and I urge the Chair to instead place the more recently declared legislature up to vote, which I'll second, as well.
 
Letter to Dr. Júpiter Arreola
– Regarding the Composition of the Bicameral Legislature -


Dear Sir, -

I am pleased to confirm receipt of your letter in relation to the composition of the second house of the legislature. It had been my initial thought that a second house, with membership rotating over the tenure of a given presidency, would prove a suitable check on both the power of a popularly elected house as well as the executive.

I will proceed herein to provide you with a rough sketch of what I had in mind:

If the second chamber were composed of twenty souls, the President would appoint five members to the second house, during each year of his five-year tenure. Therefore, in the first year, he would appoint five members, in the second another five, and so on. Each of these members would serve for five years. As such, a new president would be again able to appoint five members upon entering office, with the remaining fifteen having been appointed by his predecessor, with that number reducing each year – as the terms of the previous members expire in succession and their positions are filled with new appointments.

Year 1Year 2Year 3Year 4Year 4
President A5 (20%)10 (40%)15 (60%)20 (80%)25 (100%)
President B5 | 20 10 | 15 15 | 1020 | 525 | 0
Appointed by President A
Appointed by President B


Nevertheless, such remains only an outline – indeed, one to which I have not had the opportunity to devote diligent consideration. Moreover, from what I gather from the statement made by President Ide , an alternate proposal relating to the composition of the bicameral legislature is already on the floor of the Constitutional Convention.


A la espera de sus prontas noticias, le saluda atentamente,
James William Allard-Hensdale
 
Mr. Clark's proposal that the Chief Magistrate is to be directly elected by the people. If the motion is rejected, then Mr. Menzies' proposal for the Chief Magistrate to be elected by the legislature shall be automatically adopted: No

The Chief Magistrate should be elected by the Senate.

Mr. Hyde's proposal for a commitment to secularism and freedom of religion: No

I believe the Christian – especially Catholic- religion needs to be the source of moral codes for our Republic. This doesn't mean other Christian cults shouldn't be respected, but Catholicism is the religion of the majority of Californians and should be treated accordingly.

Mr. Menzies' proposal for the Chief Magistrate to be elected to a single five year term. If the motion is rejected, I call upon the house to offer an alternative term span and limit: Yes

Mr. Menzies' proposal for the suffrage of all White, Hispanic and Civilised Native males capable of passing a literacy test and over the age of twenty. If the motion is rejected, I call upon the house to offer an alternative suffrage qualification: Yes

The term 'Hispanic' should be replaced, or the term 'White'. The suffrage of all Whites - Hispanics or Anglos - and civilized natives seems like a better option here.

Mr. Menzies' proposal for the organisation of the Eastern Territories as autonomous territories. If the motion is rejected, I call upon the house to offer an alternative for the organisation of the Eastern territories: No

Mr. Owing's proposal for the guarantee of the freedom of speech, religion, press and, property, and other such rights: Yes

Mr. Owing's proposal as to the trial of citizens by their peers, and other such basic judicial rights: Yes

Mr. Reed's proposal that the languages of the Republic shall be English and Spanish: Yes. I also support the amendment presented.

Mr. Kingston’s Anti-Slavery Motion: Yes

President Ide's Motion: Yes
 
"I vote no to the President's proposal."

Mr. Isaac Leonard Shaw
Delegate from Los Angeles
 
After careful consideration, I must announce my departure from this convention. What began as a rousing experiment in creating a uniquely Californian system of government for the people of California has instead become a farce, taken over by pro-American annexationists, would-be secessionists, aristocrats, and even those calling for the establishment of an un-democratic monarchy.

I cannot, with good conscience, lend my support or my voice to such an endeavor, when it has become so clearly plagued with disharmony and ill-will. It is clear that, if California is to find its way forward, it will not be through this convention or with the majority of these delegates, many of whom will not lend their full support to an independent and uniquely Californian state.

Alexander Ulysses Sinclair
 
I vote in FAVOR of Mr. Clark's proposal calling for the chief magistrate to be elected directly by the people.

I vote in FAVOR of Mr. Hyde's proposal calling for a secular government.

I vote AGAINST Mr. Menzies' proposal calling for the chief magistrate to be elected for a single five-year term. Four years will be enough for the President.

I vote in FAVOR of Mr. Menzies' proposal calling for suffrage for Whites, Hispanics and "civilised Natives" as long as they can pass a literacy test and are over the age of 20. This offers the most equal of opportunities and avoids influences from those inferior to us.

I vote AGAINST Mr. Menzies' proposal calling for autonomy for the eastern Territory. No autonomy should be given, California should be strong and undivided in every way.

I vote in FAVOR of Mr. Owing's proposal calling for the establishment of basic political rights.

I vote in FAVOR of Mr. Owing's proposal calling for the establishment of basic judicial rights.

I vote AGAINST Mr. Reed's proposal regarding English and Spanish as official languages, since I believe that the debates in the legislature will be confusing with multiple languages being used at once. This will also raise the question of the language of the President, the language of official documents and the language used in trials. We must have a united language in all official matters if we are to have a functioning society, and I consider English to be the proper solution here.

I strongly vote AGAINST Mr. Kingston's Anti-Property Motion. Slaves are property, and confiscating them would be a massive mistake. This is simply not a matter for the state to get involved with and the question should not be raised again.

I vote AGAINST President Ide's proposal calling for an Upper House consisting of Aristocrats and Landowners. Our representatives must be elected, not chosen for their family name or large tracts of land. Not to mention that I have been against a bicameral legislature from the start, and consider a unicameral solution to be the proper one.

-- Henry Fielding
 
I vote against Mr. Ide's motion, and urge the speaker to bring forth the motion of Mr. Reed to a vote.

I also humbly request that the speaker bring forth my own motion regarding the region of the Great Basin, as it has received a second.