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3d. The District of Santa Barbara is bounded on the south by the District of Los Angeles, on the west by the sea, on the north by Santa Inez river, and a parallel of latitude existing from the head waters of that river to the summit of the coast range of mountains.
4th. The District of San Luis Obispo is bounded on the south by the District of Santa Barbara, on the west by the sea, on the north by a parallel of latitude including San Miguel, and on the east by the coast range of mountains.
5th. The District of Monterey is bounded on the south by the District of San Luis, and on the north and east by a line running east from New Year's point to the summit of the Santa Clara range of mountains, thence along the summit of that range to the Arroya de los Leagas, and parallel of latitude extending to the summit of the coast range, and along that range to the District of San Luis.
6th. The District of San Jose is bounded on the north by the straits of Carquenas, the bay of San Francisco, the Arroya of San Francisquito, and a parallel of latitude to the summit of Santa Clara mountains, on the west and south by the Santa Clara mountains, and the District of Monterey, and on the east by the coast range.
7th. The District of San Francisco is bounded on the west by the sea, on the south by the Districts of San Jose and Monterey, and on the east and north by the bay of San Francisco, including the islands in that bay.
8th. The District of Sonoma includes all the country bounded by the sea, the bays of San Francisco and Suisun, the Sacramento river and Oregon.
9th. The District of Sacramento is bounded on the north and west by the Sacramento river, on the east by the Sierra Nevada, and on the south by the Cosumnes river.
10th. The District of San Joaquin includes all the country south of the Sacramento District, and lying between the coast range and the Sierra Nevada.
The method here indicated to attain what is desired by all, viz: a more perfect political organization is deemed the most direct and safe that can be adopted, and one fully authorized by law. It is the course advised by the President, and by the Secretaries of State and of War of the United States, and is calculated to avoid the innumerable evils which must necessarily result from any attempt at illegal local legislation. It is therefore hoped that it will meet the approbation of the people of California, and that all good citizens will unite in carrying it into execution. Given at Monterey, California, this third day of June, A, D. 1849.
Brevet Brig. Gen. U. S. A., and Governor of California. Official-H, W. HALLECK,
Brevet Cupt. and Secretary of State.
PROCEEDINGS OF THE CONVENTION.
SATURDAY, SEPTEMBER 1, 1849.
In pursuance of Gov. RILEY's Proclamation of the 3d of June last, the Con. vention for forming a State Constitution for California, met in Colton Hall, in the town of Monterey, at 12 M. on Saturday, the 1st of September, 1849.
The following Delegates appeared and took their seats, viz:
District of San Jose.-Kimball H. Dimmick, J. D. Hoppe, Joseph Aram, An. tonio M. Pico.
District of Monterey.-H. Wager Halleck, Thos. 0. Larkin.
On motion of Mr. HALLECK, Kimball H. Dimmick, Esq., was appointed Chairman, pro tempore.
On motion of Mr. DIMMICK, Henry A. Tefft, Esq., was appointed Secretary, pro tempore.
Whereupon, it appearing that a quorum was not present, on motion of Mr. HalLECK, the Convention adjourned to meet again on Monday, September 3, 1849, at 12 M.
MONDAY, SEPTEMBER 3, 1849. The Convention met pursuant to adjournment. Prayer by the Rev. S. H. Willey. The minutes of Saturday's meeting were read and approved.
THE CHair announced the receipt of a communication from the Governor, through the Secretary of State, transmitting the election returns from the various Districts of California, together with the names of the Delegates elected. The communication was read by the Secretary of the Convention, as follows:
STATE DEPARTMENT OF CALIFORNIA,
MONTEREY, SEPTEMBER 3, 1849. Hon. K. H. Dimmick, Chairman of the Convention :
SIR: I have the honor to transmit herewith by direction of the Governor, all the returns which have been received up to this date, of the election of delegates in the several districts for the general Convention. These papers are numbered from 1 to 51 inclusive. As they are originals, and contain the vote for district and town officers, as well as for delegates to the Convention, it is hoped that they will be preserved with care, and returned to this office as soon as your honorable body shall have completed its organization.
It appears from the returns that the following regular delegates are elected from the several districts, viz :
From San Diego.--Miguel de Pedrorena, Henry Hill.
San Joaquin.-It appears from the returns from this district, that in the town of Stockton, (for reasons stated in the report of the Judges and Inspectors of election) the election was held on the 16th instead of the 1st of August. Counting all the votes polled in the district, including the town of Stockton, it appears that the four delegates elected are, J. M. Hollingsworth, S. Haley, B. S. Lippincott, C. L. Peck.
But if only the votes polled on the 1st of August are to be counted, i.e., if the vote of Stockton be excluded, the four delegates elected are, J. M. Hollingsworth, S. L. Vermuile, M. Fallon, B. F. Moore.
his question is left for the decision of your honorable body, which is deemed the proper judge of the election returns and qualifications of its own members.
As the relative population of the several districts has materially changed since the issuing of the proclamation of June 3d, calling for the election of delegates to this Convention, the Governor would respectfully recommend that additional delegates be received from some of the larger and more populous districts. It should, however, be remeinbered, that, at the time of holding the election, (on the 1st day of August last,) many of the legal voters were absent from the middle and southern portions of the country; so that the number of votes actually polled, will not serve as a perfect criterion by which to judge of the true relative population of the different districts. It is hoped that, by mutual concessions, all these questions may be amicably arranged, and that a spirit of harmony and good will may prevail in your councils. You have an important work before you- the laying of the corner-stone of the State structure ; and the stability of the edifice will depend upon the character of the foundation which you may establish. Your materials are good ; let it never be said that the builders lacked skill in putting them together! By order of the Governor :
H. W, HALLECK,
THE CHAIR stated that there appeared to be a question as to the regularly elected delegates from the District of San Joaquin. It would be for the Convention to decide who were the members elected.
MR. SEMPLE observed that he would offer, as soon as he could put it in writing, a resolution accepting the whole vote of the district, and admitting the four dele. gates having the highest number of votes. From the best information he could collect, he understood it to be a very fair and full election, notwithstanding it had been postponed from the day first designated, to a later period. He presumed the principal object in view was, that the mass of the people should be fully and fairly represented in this Convention; and he trusted the House would pursue the most liberal course in admitting the additional members.
MR. GWIN asked if the gentleman (Mr. Semple,) would introduce his motion in writing. He had an amendment to offer.
MR. SEMPLE then submitted the following resolution :
Resolved, That the whole vote from the San Joaquin District be received, and the members elect be invited to take their seats.
MR. GWIN would move an amendment to the resolution. To admit all of the members now present from the San Joaquin District, without contest as to the number of votes cast, or where they were cast. He considered that the district was entitled to a much larger representation than the number now here claiming
He considered it nothing but an act of justice that the the District of San Joaquin should be fully and fairly represented in the original organization of this body; and he contended that every member who had received a respectable num. ber of votes, was entitled to a seat in the Convention. San Joaquin was clearly entitled to ten members. If there were not ten other persons voted for, who had received more votes, these members were duly elected by the people, and had a right to participate in the organization of the Convention. He was authorized to say that the returns presented to the House were not correct—that a full statement of the vote polled, had not reached the Secretary of State.
MR. HALLECK was opposed to both the resolution and amendment. He thought the difficulty might be obviated by the appointment of a committee of one delegate from each district, with authority to report to the Convention the number of dele. gates regularly elected in each district, and the names of the persons entitled to seats. It was quite probable complete returns had not been received. Additional returns to the Secretary's office might possibly come in during the day. The only
which the Governor could base his estimate, were the returns themselves. The committee could meantime examine into those already received, and be prepared to report at the next meeting of the Convention.
Mr. Botts was of opinion that the first question in the meeting of a Convention was, as to the certificates of election. What certificate of election had been pre. sented here? He presumed nope that could be so called, except the official communication of the Governor, which states that certain gentlemen, naming them, have been duly elected according to the official returns. These gentlemen, and these only, have a prima facia right to sit in this body. He was very unwilling, during the pendancy of this question, to admit any others than the members so designated." He hoped all the facts in relation to the postponement of the election and the grounds upon which these gentlemen claimed seats, would be placed in possession of the House, and that for this purpose, a committee on privileges and elections would be appointed.
Mr. Gwin then submitted his amendment to Mr. Semple’s, as follows:
Resolved, That all persons present who were voted for on the 1st and 16th of August, in the San Joaquin District, as members of this Convention, be admitted to seats,
Mr. HALLECK said that his colleague (Mr. Botts,) had suggested an amend. ment to the amendment proposed by him, having in view the appointment of a committee on privileges and elections. With the permission of that gentleman, he would introduce the following as a substitute for the original amendment:
Resolved, That a committee on privileges and elections, to consist of one member from each district, be appointed by the Chair, and that they report to this Convention this day, the number of delegates which, in their opinion, ought to be received from each district, and the names of the persons who are deemed entitled to seats according to the apportionment so recommended.
Mr. SEMPLE, being the proposer of the original resolution, said he would withdraw it, and accept with pleasure the amendment last read.
Mr. Gwin having no objection to the appointment of this committee, withdrew his own amendment. He did not think, however, that the whole day should be lost in waiting for the report of the committee, and would therefore propose that the members present from the San Joaquin District, claiming seats, should be ad. mitted to participate in the organization of the House.
Mr. Borts asked his colleague (Mr. Halleck) what was intended by this reso. lution. As it reads, it seemed to confound two very distinct questions. Was the committee to report what number of regular delegates from each district were to be admitted, or supernumerary delegates ?
The CHAIR stated that the resolution read, “the number of delegates.'
Mr. Botts suggested that this matter be made the subject of two resolutions. He deemed it important that the question should be divided as to the regular and supernumerary delegates, and would therefore make a motion to that effect.
Mr. HALLECK amended his resolution so as to read, “ according to their recom. mendations as to the number to be received."
Mr. NORTON said that this was a matter involving a great deal of investigation, and would occupy a great deal of time to report upon. It would be entirely impracticable for the Committee to report as early as three o'clock. Another point : the question as to the District of San Joaquin should stand upon its own basis. It should be decided one way or the other, and not considered in connexion with other districts. This would give rise to much confusion, and greatly retard the business of the House. He was in favor of the appointment of a committee of one delegate from each district, or such a committee as might be deemed proper, to take this question alone into consideration, and report upon it to the House at as early a period as practicable.
Mr. SHERWOOD did not for his part see the object of having several committees. It was most desirable that the Convention should organize at once and proceed to business without delaying from day to day the question as to what mem. bers were entitled to seats. If in the first place one committee was appointed to